Public Notices

Advertisement for Bids

Start Water System, Inc., will be advertising for sealed bids to change out and install (300) radio read meters for the Start Water System, Inc. All bids should be addressed to Start Water System, Inc. and hand delivered to 16 Owl Loop or mailed to P.O. Box 425, Start, Louisiana 71279 marked “SEALED BID” on evelope, not later than 6:00 PM on Tuesday June 18, 2024. Sealed Bids will be opened at regular scheduled board meeting on June 18, 2024 at 6 PM.

6/6, 6/13

PUBLIC NOTICE
The proposed budget for the Town of Mangham for the year ending June 30, 2025 has been prepared. The budget is available for inspection. A public hearing on the proposed budget shall be held on June 17, 2023 at Mangham Community Center at 6 P.M.
05/28/2023
Anthony Killian, Mayor
6/13

NOTICE OF PUBLIC HEARING FOR ADOPTION

OF PROPOSED FY23 AMENDED BUDGET AND PROPOSED FY24 BUDGET

On Thursday, June 27, 2024, from 3:00 P.M. to 4:00 P.M., a public hearing will be held at the Public Defender’s Central Office, 108 Courthouse Square, Rayville, LA 71269, on the Proposed FY 2025 Budget and the Proposed FY24 Amended Budget. The Proposed Amended FY24 and the Proposed FY25 Budget will be available for public inspection at the Central Office located at 108 Courthouse Square, Rayville, Louisiana, 71269, Monday thru Thursday, 9:00 A.M.-12:00 P.M. and 1:00 P.M.- 3:00 P.M. The Budgets will also be available for public inspection at the Police Jury’s Office in West Carroll Parish, Richland Parish, and Franklin Parish, during their regular business hours below:

Franklin Parish Police Jury

6558 Main St.

Winnsboro, LA 71295

318-435-9429

Office Hours:

9:00 am to 5:00 pm Monday to Friday

Richland Parish Police Jury

 35 Lynn Gayle Robertson Rd 

Rayville, LA 71269

(318)728-2061

Office Hours: 7:30 am - 5:00 pm

Monday - Thursday Friday

7:30AM-11:30AM

West Carroll Police Jury

107 S. Briggs St Oak Grove, LA

(318) 428-3390

Office Hours:

8:00 am to 4:30 pm Monday-Friday

John Albert Ellis

FIFTH DISTRICT PUBLIC DEFENDER a/k/a CHIEF INDIGENT DEFENDER

6/6, 6/13, 6/20, 6/27

NOTICE OF CERTIFICATION OF BUDGET COMPLIANCE

The Fifth District Public Defender certifies all requirements for the adoption of the FY23 Amended Budget and the FY24 Budget and have been met according to law.

6/6, 6/13, 6/20, 6/27

Notice

Notice is hereby given of a special called meeting for the member of the Zebedee Baptist Church, which meeting is to be held on July 7, 2024 at 11:30 a.m. at the Zebedee Baptist Church, Richland Parish, Louisiana, to consider transferring immoveable property known as Greer Cemetery to the corporation of Greer Cemetery, Inc., a non-profit charitable corporation.

6/13, 6/20

PUBLIC NOTICE

ADVERISEMENT FOR BIDS

RICHLAND PARISH 

POLICE JURY

SEALED bids will be received by the Richland Parish Police Jury, Secretary-Treasurer, at P.O. Box 668 or 35 Lynn Gayle Robertson Road, Courthouse Annex Building, Rayville, LA, 71269, until 4:30  PM, (local time) Thursday, June 27, 2024. Bids will be opened on Monday, July 1, 2024, 10:00 AM by the Parish Manager and Secretary.  Bids will be awarded July 1, 2024, at the Regular Meeting at 6:00 PM, as the item is listed on the agenda. Please mail bids (no fax bids) to Richland Parish Police Jury, P.O. Box 668, or you may hand deliver bids to Secretary-Treasurer’s office at 35 Lynn Gayle Robertson Road, Rayville, Louisiana, 71269.

ITEM #1 - Construction of a metal or wood building.  Measurements of 110 ft x 40 ft with 12 ft walls, three sides metal (or wood) to the ground and the back of the building open, and two walk through doors.

ITEM #2 – Estimate to demo two existing structures.

ITEM#3 – Mini Excavator – 36 month lease

CONTACT JOEY EVANS, PARISH MANAGER CONCERNING SPECIFICATIONS:

 318-728- 2061

BY ORDER OF RICHLAND PARISH POLICE JURY

Laura Mulhern

Secretary-Treasurer

6/6, 6/13, 6/20

STATE OF LOUISIANA 

PARISH OF RICHLAND

FIFTH JUDICIAL

DISTRICT COURT

SUCCESSION OF EDITH BRANCH TRAXLER

PROBATE NO. 9722

FILED: JUNE 6, 2024

BY: LISA HAMPTON

DEPUTY CLERK OF COURT

NOTICE OF FILING OF TABLEAU OF DISTRIBUTION

Notice is hereby given to the creditors of this succession, and to all other persons at interest, that a Tableau of Distribution has this date been filed by Allison T. Romero, Independent Executrix of this Succession, with the petition praying for homologation of the Tableau, and for authority to pay the debts and charges of the succession listed therein. The Tableau of Distribution can be homologated after the expiration of seven (7) days from the date of publication of this notice. Any opposition to the Petition and Tableau of Distribution must be filed prior to homologation.

Rayville, Louisiana, this 6th day of June, 2024.

BY ORDER OF THE COURT.

/s/ Lisa R. Hampton

Clerk of Court

A TRUE COPY: ATTEST

/s/ Lisa R. Hampton

Dy. Clerk 5th District Court

Richland Parish, LA

6/13

Early Notice and Public Review of a Proposed 

Activity in a 100-Year Floodplain and/or Wetlands 

This is to give notice that the Town of Delhi has determined that the following proposed action under the Town’s 2023 LCDBG Public Facilities Program is located in wetlands, and the Town will be identifying and evaluating practicable alternatives to locating the action in wetlands and the potential impacts on wetlands from the proposed action, as required by Executive Order 11988 and 11990, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Protection of Wetlands. 

The LCDBG funding will be used to reconstruct the following streets within the Town: Arkansas Street, St. Louis Street, Hedgeman Street, and McCall Street. The proposed improvements consist of base course cement, asphaltic concrete, and ancillary improvements including drainage items, curb & gutter, driveways, and utility conflicts.

There are three primary purposes for this notice.  First, people who may be affected by activities in wetlands and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas. Second, an adequate public notice program can be an important public educational tool. The dissemination of information about wetlands can facilitate and enhance Federal efforts to reduce the risks associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the Federal government determines it will participate in actions taking place in wetlands, it must inform those who may be put at greater or continued risk.

Written comments must be received by the Town of Delhi at the following address on or before June 28, 2024: Jesse Washington, Mayor, Town of Delhi, P. O. Box 277, Delhi, Louisiana 71232. The Town can be contacted by phone at 318-878-3792. A full description of the project may be reviewed at the Delhi Town Hall, located at 209 Broadway, Delhi, Louisiana. 

The Town of Delhi is an Equal Opportunity Employer. 

6/13

East Richland Water Works

1032 Highway 80

Delhi, La. 71232

Meeting Minutes for June 4th 2024

The East Richland Water Works Board of Directors met for a scheduled quarterly meeting. It was held at the office located at 1032 Highway 80 in Delhi, La. The meeting was on June 4th 2024 at 6:00 p.m. Those present were Directors: Mary Jo Clack, Clarence McCall, Rolanda Robinson, Shane Lester, and Bo Hosea. Also present were Sean Sikes: Operator, Stacy Ratcliff: Manager, and Darin Coker: Coburns Supply Company Representative.

After calling the meeting to order and taking a moment of prayer for the meeting and the needs of the community, President Clack called for the first item of old business which was the possibility of new meters being installed. Mr. Coker presented the Board members with the paperwork, information, and figures. Mrs. Robinson made a motion to start pursuing options of financing on the new meter project. Mr. McCall seconded that motion, and it was voted for unanimously.

Resolution

Now, therefore, be it resolved; the Board of Directors do give permission to start pursuing some options of financial means for the new meter project.

Stacy Ratcliff, Manager

Mary Jo Clack, President

The first item for new business discussion is the bad debt accounts. Mrs. Ratcliff presented the names and figures. Mr. Lester made a motion to accept the bad debts and charge them off while still attempting to collect on them and refusing service to bad debtors. Mr. Hosea seconded that motion, and it was voted for unanimously.

Resolution

Now, therefore, be it resolved; the Board of Directors do give permission to charge off all bad debts while still attempting to collect and refusing service to those that do not pay on their accounts.

Stacy Ratcliff, Manager

Mary Jo Clack, President

The second item to be discussed was the2023 audit. Mrs. Ratcliff presented the paperwork from the Auditor and gave all the information. Mr. Lester made a motion to accept the 2023 audit, and Mrs. Robinson seconded the motion. All were in favor.

Resolution

Now, therefore, be it resolved; the Board of Directors have chosen to accept the 2023 audit.

Stacy Ratcliff, Manager

Mary Jo Clack, President

Since there was no further business to discuss, Mr. Hosea made a motion to adjourn the meeting, and the motion was seconded by Mr. Lester. All were in favor.

Resolution

Now, therefore, be it resolved; as there is no other business to come before the East Richland Water Works Board of Directors, the meeting is adjourned until the regularly scheduled meeting on Tuesday September 3rd 2024 at 6:00 p.m. at the water office at 1032 Highway 80 Delhi, La. 71232.

Stacy Ratcliff, Manager

Mary Jo Clack, President

6/13

Richland Parish Police Jury

Regular Meeting – 6:00 P.M.

June 3, 2024

The President called the meeting to order with the invocation given by Mr. Lively.

Pledge of Allegiance 

Roll call revealed the following:

Present: Ms. Carroll; Messrs.: Powell, Jones, Colvin, Reddick, Lively and Adcock

Absent:  Mr. Wiggins and Mr. Craig

An update on the Economic Development Committee was given by Mr. Colvin.

A motion was made by Mr. Adcock and seconded by Mr. Powell to approve the agenda.  Motion passed with no opposition.

Motion by Mr. Adcock, seconded by Mr. Powell to approve the minutes of the Richland Parish Police Jury Regular Meeting of May 6, 2024 and the Special Meeting of May 23, 2024 as presented to the official journal - The Richland Beacon News. Motion passed with no opposition.

At this time the president recognized visitors – Mr. Nichols asked the jury to patch potholes on Perkins Road and to look at digging out some of the ditches.

Mr. Colvin made a motion to adopt the Quietus Resolution for 2023.  Mr. Jones seconded the motion and it passed with no opposition.

RESOLUTION N0. 24-06-03-01

QUIETUS 

WHEREAS, Mr. Gary Gilley, Tax Collector of Richland Parish, Louisiana, has exhibited satisfactory evidence that all taxes due to the parish governing authority shown on the ad valorem tax rolls of Richland Parish, Louisiana for the year 2023 have been paid or accounted for:

THEREFORE, BE IT RESOLVED, the Richland Parish Police Jury convened in Regular Session this 3rd day of  June, 2024 does hereby issue this quietus on behalf of the governing authority of Richland Parish, Louisiana in favor of said Mr. Gary Gilley, Ex-Officio Tax Collector, and against any claim on the part of the governing authority of the Parish of Richland, State of Louisiana for the ad valorem for the year as stated above.

Upon motion by Mr. Colvin, seconded by Mr. Jones the foregoing resolution was adopted by the Richland Parish Police Jury convened in Regular Session on this 3rd day of June, 2024 with a quorum present and voting.

YEAS:  Barbara Carroll, Billy Powell, Johnny Jones, Elliot Colvin, Jesse Lively and Steve Adcock

NAYS:  NONE

ABSTAINED:  NONE

ABSENT: Doug Craig and Roy Wiggins

/s/ Cecil Reddick

Cecil Reddick, President

/s/ Laura Mulhern

Laura Mulhern, Sec./Treas.

Mr. Jones made a motion to adopt Resolution No. 24-06-03-01 for canvassing the returns and declaring the results of the special election.  This was seconded by Mr. Jones and passed with no opposition.  

RESOLUTION NO. 24-06-03-01

A RESOLUTION PROVIDING FOR CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD IN THE PARISH OF RICHLAND, STATE OF LOUISIANA, ON SATURDAY, MARCH 23, 2024 AND TO PROMULGATE THE RESULTS THEREOF.

BE IT RESOLVED by the Police Jury of the Parish of Richland, acting as the governing authority (the “Governing Authority”), of the Parish of Richland, State of Louisiana (the “Parish”) that:

SECTION 1.  Canvass.  This Governing Authority does now proceed in open and public session to examine the official tabulations of votes cast at the special election held by the Parish on SATURDAY, MARCH 23, 2024 and said Governing Authority does further proceed to examine and canvass the returns and declare the results of the special election.

SECTION 2.  Procès Verbal.  A Procès Verbal of the canvass of the returns of said election shall be made and a certified copy thereof shall be forwarded to the Secretary of State, Baton Rouge, Louisiana, who shall record the same in his office; another certified copy thereof shall be forwarded to the Clerk of Court and Ex-Officio Recorder of Mortgages in and for the Parish who shall record the same in the Mortgage Records of the Parish; and another copy thereof shall be retained in the archives of this Governing Authority.

SECTION 3.  Promulgation of Election Results.  The results of said election shall be promulgated by publication in the manner provided by law.

SECTION 4.  Election Cost.  The actual cost of the election as determined by the Louisiana Secretary of State was $41,785.34.

This resolution having been submitted to a vote, the vote thereon was as follows:

YEAS: Billy Powell, Johnny Jones, Elliot Colvin, Jesse Lively, Barbara Carroll, Steve Adcock

NAYS:

ABSTAIN: 

ABSENT: Roy Wiggins, Doug Craig

And the resolution was declared adopted on this the 3rd day of June, 2024.

/s/ Laura Mulhern                                     _/s/ Cecil Reddick

Laura Mulhern, Secretary-Treasurer           Cecil Reddick, President

PROCÈS VERBAL AND PROCLAMATION OF THE CANVASS OF THE VOTES CAST AT THE SPECIAL ELECTION HELD IN THE PARISH OF RICHLAND, STATE OF LOUISIANA, ON SATURDAY, MARCH 23, 2024.

BE IT KNOWN AND REMEMBERED that on June 3, 2024 at six o’clock (6:00) p.m., at its regular meeting place, Richland Police Jury Annex Building, 35 Lynn Gayle Robertson Road, Rayville, Louisiana, the Police Jury of the Parish of Richland, acting as the governing authority (the “Governing Authority”), of the Parish of Richland, State of Louisiana (the “Parish”) and being the authority ordering the special election held therein on Saturday, March 23, 2024, did, in open and public session, examine the official certified tabulations of votes cast at the said election, and did examine and canvass the returns of the said election, there having been submitted at said election  the following propositions, to wit:

PARISH OF RICHLAND,

STATE OF LOUISIANA

PROPOSITION NO. 1

ROADS, BRIDGES AND COURTHOUSE MAINTENANCE

(RENEWAL)

Shall the Parish of Richland, State of Louisiana (the “Parish”) be authorized to renew, levy and continue to collect a tax of one percent (1%) (the “Tax”) upon the sale at retail, the use, the rental, the consumption and the storage for use or consumption of tangible personal property and on sales of services in the Parish (an estimated $4,064,989 reasonably expected at this time to be collected from the levy of the Tax for an entire year) for a period of ten (10) years commencing January 1, 2025 and ending December 31, 2034, with the net proceeds of the Tax (after paying the reasonable and necessary costs and expenses of collecting and administering the Tax) to be used for the following purposes: (i) 78% for constructing, overlaying, improving, repairing and maintaining public roads and bridges in the Parish; (ii) 14% for the purchase and maintenance of equipment used for constructing, overlaying, improving, repairing and maintaining public roads and bridges in the Parish; and (iii) 8% for maintenance of the Courthouse?

The polling places above specified being the only polling places designated at which to hold the said election, it was therefore shown that there was a total of 1098 votes cast IN FAVOR OF the Proposition and a total of 567votes cast AGAINST the Proposition as hereinabove set forth.  THE PROPOSITION DULY PASSED.

Therefore, this Governing Authority did declare and proclaim and does hereby declare and proclaim in open and public session that Proposition as hereinabove set forth DULY PASSED by a majority of the votes cast by the qualified electors voting at the said special election held in the Parish on Saturday, March 23, 2024.

PROPOSITION NO. 2

DRAINS, DRAINAGE FACILITIES AND COURTHOUSE MAINTENANCE

(RENEWAL)

Shall the Parish of Richland, State of Louisiana (the “Parish”), be authorized to renew, levy and continue to collect a tax of one half of one percent (½%) (the “Tax”) upon the sale at retail, the use, the rental, the consumption and the storage for use or consumption of tangible personal property and on sales of services in the Parish (an estimated $2,032,491 reasonably expected at this time to be collected from the levy of the Tax for an entire year) for a period of ten (10) years commencing January 1, 2025 and ending December 31, 2034, with the net proceeds of the Tax (after paying the reasonable and necessary costs and expenses of collecting and administering the Tax) to be used for the following purposes:  (i) 71% for constructing, improving and maintaining public drains and drainage facilities in the Parish; (ii) 25% for the purchase and maintenance of equipment used for constructing, improving and maintaining public drains and drainage facilities in the Parish; and (iii) 4% for maintenance of the Courthouse?

The polling places above specified being the only polling places designated at which to hold the said election, it was therefore shown that there was a total of 1082 votes cast IN FAVOR OF the Proposition and a total of 575 votes cast AGAINST the Proposition as hereinabove set forth.  THE PROPOSITION DULY PASSED.

Therefore, this Governing Authority did declare and proclaim and does hereby declare and proclaim in open and public session that Proposition as hereinabove set forth DULY PASSED by a majority of the votes cast by the qualified electors voting at the said special election held in the Parish on Saturday, March 23, 2024.

THUS DONE AND SIGNED at Rayville, Louisiana, on this the 3rd day of June, 2024.

PARISH OF RICHLAND,

STATE OF LOUISIANA

/s/ Cecil Reddick                 /s/ Laura Mulhern

Cecil Reddick, President   Laura Mulhern, Secretary-Treasurer

PROCLAMATION

I, the undersigned President of the Police Jury of the Parish of Richland, State of Louisiana (the “Parish”), do hereby declare, proclaim and announce the results of the following propositions submitted at the special election held by the Parish held on Saturday, March 23, 2024, all as described and set out in the above Procès Verbal:

Proposition No. 1  DULY PASSED by a majority of the votes cast.

Proposition No. 2  DULY PASSED by a majority of the votes cast.

THUS DONE AND SIGNED at Rayville Louisiana, on the 3rd day of June, 2024. 

/s/ Cecil Reddick

Cecil Reddick

Title: President

ATTEST:

/s/ Laura Mulhern

Laura Mulhern

Title:  Secretary-Treasurer

Mr. Powell made a motion to table agenda item IDB appointee.  Mr. Covin seconded the motion and it passed with no opposition.

A motion was made by Mr. Colvin to move forward with the Richland Parish Police Jury using Northwest Louisiana Finance Authority.  Mr. Lively seconded the motion and it passed with no opposition.

Mr. Livley made a motion to adopt Ordinance 2024-06-03 related to Utility Scale Solar Project Facilities.  This was seconded by Mr. Adcock and passed with no opposition.

STATE OF LOUISIANA 

PARISH OF RICHLAND

RICHLAND PARISH POLICE JURY

ORDINANCES ARTICLE NO. 2024-06-03

Introduced on 06/03/24

Introduced by Mr. Reddick

THE RICHLAND PARISH UTILITY SCALE SOLAR PROJECT 

FACILITY STANDARDS ORDINANCE

WHEREAS, The Richland Parish Police Jury, in order to protect the health, safety, and welfare of the public and to provide for the orderly, planned, efficient, and healthy development of utility-scale solar project facilities in Richland Parish, hereby adopts this Ordinance No. 2024-06-03 (hereinafter “this Ordinance”), to be titled The Richland Parish Utility Scale Solar Project Facility Standards Ordinance.

BE IT ORDAINED, that the Richland Parish Utility Scale Solar Project Facility Standards Ordinance be adopted as follows, to-wit:

Utility Scale Solar Project Facilities

Section 1. GENERAL

The following provisions of this Ordinance comprise the Richland Parish Utility Scale Solar Project Facility Standards Ordinance. This Ordinance has been promulgated by the Richland Parish Police Jury (the “Jury”) in order to protect the health, safety and welfare of the public and to provide for the orderly, planned, efficient and healthy development of Richland Parish (the “Parish”). This Ordinance grants the Jury sole authority over all matters concerning a Utility Scale Solar Project Facility (“USSPF” or “Facility”) in the Parish.

The Jury hereby delegates the authority to review, approve and/or deny a Utility Scale Solar Project Facility Building Permit (“USSPF Building Permit”) and Utility Scale Solar Project Facility Operation Permit (“USSPF Operating Permit”) to the Jury’s Permit Office (the “Permit Office”). If in the opinion of the Permit Office, the review of a Permit application requires assistance from outside experts, including, but not limited to, third party engineers or accountants, then the Permit Office may employ same to assist with its review of a Permit application in conformance with applicable State and/or Richland Parish procurement laws and regulations.

The Permit Office is responsible for the evaluation of all applications for USSPF Building Permit and subsequent USSPF Operating Permit to ensure the USSPF will be constructed and operated in compliance with the requirements of this Ordinance. Upon receipt of the USSPF Building Permit application or a USSPF Operating Permit application, the Permit Office shall perform a review as to contents of the same and notify the applicant if the Permit application is complete or incomplete. If the Permit Office determines the Permit application is incomplete, the applicant shall be notified of any deficiencies in writing sent by certified mail to the address contained in its application. The applicant will have 30 days from its receipt of said notice to address any deficiencies by amending the application. The Permit Office shall subsequently notify the applicant if the amended Permit application is complete. Failure to amend the Permit application within the 30-day time period referenced above will result in denial of the USSPF Permit application.  At which point, a new USSPF Permit application must be submitted.

The Permit Office, after receipt of a completed USSPF Building Permit application, shall either deny or recommend the approval of the USSPF Building Permit.  If the recommendation of the Permit Office is to approve the USSPF Building Permit, it shall notify the Jury of the same and the Jury shall hold a public hearing at its next regular meeting that allows time for sufficient notice of the public hearing to be given for, so that the Jury can hear public comments in favor or opposition to the issuance of the USSPF Building Permit.  After said hearing, the Jury shall make the decision to either deny the application or approve the Permit Office issuing the requested USSPF Building Permit.  Construction of the USSPF shall not commence prior to the issuance of a USSPF Building Permit by the Permit Office.  (All of which is explained more fully in this Ordinance).

After the Construction of the USSPF is completed, the USSPF owner, developer, or operator shall complete and file a USSPF Operating Permit application.  The USSPF Operating Permit application shall provide proof that all requirements of this Ordinance were complied with during the construction of the USSPF and that they will continue to be complied with moving forward. If the Permit Office, after a review of the USSPF Operating Permit application is satisfied that all of the required information is included in the same, it shall issue a USSPF Operating Permit to the owner, developer, or operator applicant of the USSPF.  Operation (except for testing as discussed in Section 7(2)) of the USSPF shall not commence prior to the issuance of a USSPF Operating Permit. (All of which is explained more fully in this Ordinance).

If a USSPF Building Permit application or a USSPF Operating Permit application is denied, an appeal may be taken by the applicant in accordance with Section 10. 

Section 2. PURPOSE

The purpose of this Ordinance is to set minimum standards and requirements for the permitting and operation of USSPFs in the Parish.

Section 3. APPLICABILITY

This Ordinance applies to all USSPFs constructed and/or operated in the Parish.

Section 4. VALIDITY AND SEVERABILITY

Should any provision of this Section 7 be held unconstitutional, invalid, or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.

Section 5. DEFINITIONS

Photovoltaic (PV) System:  A complete set of components for converting sunlight into electricity by the photovoltaic process, including the array and balance of system components.                                    

Photovoltaic-thermal (PV/T) System: A photovoltaic system that, in addition to converting sunlight into electricity, collects the residual heat energy and delivers both heat and electricity in usable form, is also called a total energy system or solar thermal system.

Utility Scale Solar Project Facility: Sometimes referred to herein as “USSPF” or a “Facility,” this is a solar electric power generating facility constructed on immovable property for the purpose of producing photovoltaic electricity, photovoltaic electricity, and heated fluids, as well as solar thermal electricity. The power generated is sold to power purchasers for distribution throughout the power grid.

Utility Scale Solar Project Facility Building Permit: A permit issued by the Permit Office authorizing the construction of a USSPF in Richland Parish.

Utility Scale Solar Project Facility Operating Permit: A permit issued by the Permit Office authorizing the operation of a USSPF in Richland Parish.

Section 6. USSPS DEVELOPMENT AND DESIGN STANDARDS

1. Minimum Lot Size: A Facility shall not be constructed on aggregate parcels of immovable property that are less than ten (10) contiguous acres in size. 

2. Height Restrictions: All photovoltaic panels located in a Facility with rotating panels shall be restricted to a maximum height of the torque tube to sixteen (16) feet measured from the ground to the top of the torque tube.

Facilities that have non-rotating (fixed) photovoltaic panels shall be limited to a maximum photovoltaic panel height of eighteen (18) feet measured from the ground to the top of the photovoltaic panel.

3. Setbacks: All photovoltaic solar panels and support structures associated with a Facility (excluding perimeter security fencing) shall be setback a minimum of one hundred (100) feet from public roads and neighboring immovable property boundaries, unless the adjoining immovable property boundary is wooded with no residence on the immovable property, in which case the setback shall be no less than fifty (50) feet. Inverters, transformers and mechanical equipment shall be set back a minimum of one hundred (100) feet from adjacent immovable property boundaries even if the adjacent boundary is wooded. If an adjoining section of immovable property has an existing occupied residence or formal place of worship (e.g., Church, Synagogue, Mosque, etc.) all photovoltaic solar panels and support structures, including inverters, transformers and mechanical equipment, associated with a Facility shall be setback a minimum of five hundred (500) feet from the occupied residence or formal place of worship. These requirements are not applicable to adjoining participating landowners.

4. Fire Protection: Areas of the Facility susceptible to fire, including but not limited to transformers and other equipment that pose a risk of fire, shall be equipped with a fire monitoring system. The system shall automatically notify off-site emergency personnel listed in the Facility’s Emergency Response Plan that the fire monitoring system has been activated. The Facility’s Emergency Response Plan will be coordinated with the Chief of the servicing Fire Department and the Permit Office in accordance with the National Electrical Safety Code (“NESC”) guidelines. The Facility shall comply with all applicable codes and regulatory standards for fire protection and shall be designed and constructed utilizing engineering controls to limit the spread of fire from any area susceptible to fire.

5. Safety/Access: A minimum eight (8) foot security fence (height and material to be established through the USSPF Permit process) shall be placed around the entire perimeter of the Facility to deter individuals from entering the premises and all electrical control equipment shall be equipped with a lock to prevent access. Lock boxes and keys to each shall be stored at locked entrances for emergency personnel access.  

6. Signage: Warning signs shall be affixed to the fence of the Facility identifying 1) the owner, developer, and operator (if not the same person or entity) of the Facility, 2) emergency contact information for the owner, developer, and operator (if not the same person or entity) of the Facility, and 3) an instruction that no one other than authorized personnel are allowed to enter the Facility. Warning signage shall be placed at every entrance to the Facility and every three hundred (300) feet around the security perimeter fence of the Facility.

7. Emergency Services: For purposes of emergency services, the owner, developer, and/or operator of the USSPF shall provide a copy of the electrical schematic and site plan to the Chief of the servicing Fire Department and the Permit Office. The owner, developer, and/or operator shall develop an Emergency Response Plan and provide it to the Fire Department Chief and the Permit Office. All means of shutting down the system shall be clearly marked on the plan. The system shall be equipped with a solar electric quick disconnect/rapid shutdown mechanism. The owner, developer, and/or operator shall identify a responsible person to the Permit Office and the Chief of the servicing Fire Department for public inquiries throughout the life of the Facility.

8. Noise: The noise created by the USSPF shall not exceed fifty (50) A-weighted decibels (“dBA”) or five (5) dBA over existing ambient levels, whichever is greater, as measured at the Facility’s immovable property boundary(s), while the Facility is in operation.

9. Magnetic Fields: Magnetic fields shall not be above 4mG at the Facility’s immovable property boundary(s) while the Facility is in operation; measurements will not be taken at locations where pre-existing power lines cross the property boundary.

10. Maintenance:  The owner, developer, and/or operator of the USSPF shall maintain the Facility in good condition. Maintenance shall include, without limitation, painting, structural repairs, vegetation control and integrity of security equipment. The owner, developer, and/or operator shall also be responsible for the cost of maintaining the non-public access road(s) associated with the Facility.

11. Landscaping: A USSPF shall install perimeter landscaping that creates an opaque vegetative/foliage “hedge” along each Facility property boundary that is adjacent to public roads, highways and existing occupied residences within five hundred (500) feet of the Facility’s property boundary. The vegetative perimeter shall consist of trees, foliage, bamboo, etc. such that the Facility equipment is concealed from view from the Facility boundaries. Landscaping shall be maintained and in good condition for the life of the Facility. To maintain vegetation in good condition, all unhealthy (sixty [60] percent dead or greater) and dead material shall be replaced by the Facility’s owner, developer, and/or operator within one (1) year, or the next appropriate planting period, whichever occurs first. Any preexisting natural barrier that creates such conditions shall be deemed sufficient. Roads internal to the USSPF shall not be subject to vegetative requirements. 

12. Lighting:  All lighting must be shielded from nonparticipating adjoining immovable property and light poles are restricted to a maximum height of eighteen (18) feet.

13. Transportation:  Access drives, driveways and parking lots must be covered by sufficient limestone, gravel or similar aggregate to prevent pitting, and shall be maintained in such a condition that all emergency personnel vehicles that may be needed at the Facility can access the Facility at all times.

14. Local, State and Federal Permits and Standards: An USSPF shall be required to obtain all applicable permits from the U.S. Government, State of Louisiana and Richland Parish. An USSPF shall comply with all applicable standards, requirements and/or guidelines set by the United States Government, including, but not limited to, the Environmental Protection Agency and U.S. Army Corp of Engineers. A USSPF shall comply with all applicable standards, requirements and/or guidelines set by the State of Louisiana, including the Louisiana Department of Environmental Quality and the Louisiana Department of Natural Resources. At the time of installation, solar panels must meet the then current ASCE (American Society of Civil Engineers) standards and/or guidelines, including, but not limited to, applicable wind loads based on suggested area to be installed. 

15. Electrical Interconnections:  Electrical interconnection or distribution lines shall comply with all applicable codes, standards and requirements for commercial and industrial large-scale utilities. Above ground transmission lines within the site shall not exceed a height of more than eighteen (18) feet above the ground; provided, however, that this height limitation shall not apply to tie-in lines at the point of interconnection to the electric grid, or rail, pipeline, road, or similar crossings for which underground crossing is prohibited or impractical. 

Section 7. USSPS BUILDING PERMIT APPLICATION

USSPF Building Permit Application: The following information shall be provided to the Permit Office in a USSPF Building Permit Application for each proposed Facility. The USSPF Building Permit Application must sufficiently set forth all information required to demonstrate that the Facility will comply with requirements of Section 7 and shall also provide the following: 

1. Facility description and rationale: Identify the type, size, rated power output, performance, safety and noise characteristics of the proposed system. Identify build out time frame, project life, development phases, likely markets for the generated energy and possible future expansions. Provide proof that all items discussed in Section 7(a-o) discussed above are taken into account in the plans of the project. Identify the name of the Facility, name(s) and addresses of the Facility owner, developer, and/or operator, names of the property owner(s) and the engineers, surveyors and contractors to be engaged in the design and construction of the Facility.  The Jury reserves the right to require the disclosure of the beneficial ownership of any Corporation (of any type, Inc., LLC, Partnership, etc.) that is the owner, developer, and/or operator the Facility or that leases the ground to the owner, developer, and/or operator of the Facility. Prior to beginning construction, the Facility owner, developer, and/or operator shall submit the make and model number of the equipment being installed along with the name and address of the manufacturer.

2. Permits: The Facility owner, developer, and/or operator shall provide a copy of all applicable state and federal permits that have been issued at the time of the USSPF Building Permit application submission and shall supplement this information as applicable state and federal permits are issued after the USSPF Building Permit application is submitted. The USSPF shall not be granted a USSPF Building Permit until all required permits for the construction phase of the project are submitted to the Permit Office.  During construction, the Jury understand that limited operational testing will be required, such limited operational testing is allowed during the construction phase, and prior to the granting of a USSPF Operating Permit, but only if notice of the intent to conduct such operational testing is given to the Permit Office, along with proof that all first responder emergency agencies have also been given notice of date and time that the testing will take place, ten (10) days prior to any such operational testing being conducted. 

3. Lease:  If the immovable property site of the Facility is leased, the Facility owner, developer, and/or operator shall submit a copy of the recorded Notice of Lease, which shall contain the following: (a) a declaration that the property is leased and the names and addresses of the lessor and lessee; (b) an immovable property description of the leased property and size of leased property; (c) the date of the lease, its term and the provisions of any extensions and renewals of the term provided for in the lease; (d) a reference to the existence of an option, right of first refusal, or other agreement of the lessor to transfer all or any part of the leased premises; (e) if a sublease, the notice shall contain reference to the recordation information of the primary lease or notice of lease that is subleased; and (f) the Notice of Lease must be signed by the lessor and lessee of the lease or sublease. The Facility owner, developer, and/or operator shall file the Notice of Lease in the Parish’s conveyance records and shall provide a copy of the recorded Notice of Lease to the Permit Office.

4. Economic Impact: The Facility owner, developer, and/or operator shall submit a report detailing the estimated financial economic impact to the Parish over the entire life of the USSPF. The report shall be prepared by a qualified third party. The draft report shall be provided to the Permit Office for review prior to the issuing of the USSPF Building Permit and the Permit Office may request additional information that it deems necessary for its review. The report may include, but is not limited to the following: 

a.a) If the development is replacing an existing enterprise, an assessment of how the local economy will be affected by the loss of the existing enterprise, and replacement by the development; 

a.b) Anticipated direct revenues to the parish from real estate and personal property taxes;

a.c) Assessment of employment opportunities;

a.d) Assessment of the impact to adjacent property values; and

a.e) Infrastructure needs as compared to existing capacities and facilities to address the adequacy of the existing utilities, water, and sewer. The Permit Office, may retain a consultant to review the report.

5. Public Notice Requirements: A public meeting must be set and held at a regular meeting of the Jury for public comment on the project prior to the issuing of a USSPF Building Permit being granted.  The Permit Office will verify that it has been given proof by the developer that all public notice requirements stated below have been met prior to the Public Meeting. The developer must give a thirty (30) day public notice by certified letters and posting of signage in accordance with the following requirements:

a.a) The developer must give written public notice of the new proposed development thirty (30) days prior to the Parish Jury public meeting to all adjacent property owners by certified mail and must include the following information:

a.a.a.1) State the name and type of development and a narrative description of the proposed development;

a.a.a.2) Developers name and phone number;

a.a.a.3) Date and Time of the Parish Jury meeting date; and

a.a.a.4) Meeting location address and time.

a.b) The developer must post a sign on behind every public right of way adjacent to the development and must meet the following requirements:

a.b.a.1) Sign must be four feet by eight feet in size (4’x8’);

a.b.a.2) Sign must state the name and type of development;

a.b.a.3) Developers name and phone number;

a.b.a.4) Date and Time of the Parish Jury meeting date; and

a.b.a.5) Meeting location address and time.

6. Boundaries: Identify all immovable property boundaries and actual dimensions upon which the USSPF will be located, including total acreage, with bearings and distances. Identify the names and addresses of adjoining immovable property owners. 

7. Site Plan: Present a site plan showing streets, circulations, driveways, service buildings, easements, arrangements and locations of solar panels and all systems and equipment on the immovable property. Include the location of all Facility signage, including warning signage.

8. Analysis of Onsite Traffic: Provide an estimate of the number of temporary construction jobs and the number of permanent jobs, including job titles, associated with the Facility.

9. Visual Impacts: Demonstrate the visual impact of the proposed USSPF using photos or renditions of the Facility with consideration given to vegetative plantings and setback requirements. Include the Facility’s landscaping plan demonstrating how the requirements of Section 6(11) will be met.

10. Wildlife: Submit a report summarizing the potential effects of the Facility on wildlife and endangered species in the area. The report must be prepared by a qualified third party with expertise in biology, ecology, wildlife management and/or environmental studies.

11. Environmental and Health Safety Standards. All applicable environmental, health and safety regulations and standards shall be complied with during construction and operation of the Facility in order to protect the public health and the environment. For any materials brought on site, a Safety Data Sheet (“SDS”) shall be provided to the Permit Office. The SDS must include the following information: the properties of the material, the physical, health and environmental hazards of the material; protective measures; and safety precautions for handling, storing and transporting the material. No materials that are an environmental, health or safety hazard shall be used without prior written notice and approval of the Permit Office.

12. Elevation: Provide an immovable property elevation profile that includes the immovable property contours and a topography survey showing elevation contours and drainage. 

13. Drainage: Provide a drainage plan that ensures that watershed, runoff and/or drainage from the Facility area flows to the appropriate ditches/canals, as identified by the Parish, so as to be disbursed appropriately. The drainage plan shall demonstrate that no immovable property within a mile radius of the Facility will experience measurably adverse impacts from watershed, runoff and/or drainage from the Facility site. The drainage plan shall be reviewed by the Permit Office and additional requirements regarding drainage may be imposed on the Facility. The application must also indicate if a storm water permit from the Louisiana Department of Environmental Quality for construction, operation, or both is required. 

14. Solid and Hazardous Waste: Identify solid waste or hazardous waste that will be generated by the Facility. The application shall include a plan for spill prevention, clean-up and disposal of fuels, oils and hazardous wastes, as well as collection and storage methods for solid waste generated by the Facility. 

15. Wind: Provide an analysis of the solar equipment’s ability to withstand hurricane sustained winds that could be reasonably expected in the vicinity of the Facility.

16. Lighting: Provide lighting plans showing all lighting within and on the perimeter of the Facility.

17. Transportation Plan: Provide an access plan for both the construction and operation phases of the Facility. The plan must show proposed Facility service road ingress and egress access onto primary and secondary routes and the layout of the Facility service road system.

18. Vegetative Maintenance Plan: Submit a plan for the upkeep and maintenance of the vegetation consistent with the requirements of Section 6(11). Emphasis should be placed on maintaining the required vegetation.

19. Public Safety: Submit a plan outlining routine and emergency shutdown procedures. Include a plan of how the Facility will comply with applicable fire protection regulatory requirements, including the International Fire Code and NFPA. Submit a copy of the Emergency Response Plan to the Fire Department Chief and the Parish Department of Public Works. Identify potential hazards to adjacent immovable properties, public roadways and to the community in general related to operation and/or shutdown of the Facility.

20. Sound Limitations: Identify anticipated noise levels at the fence line of the Facility when construction is complete and when the Facility is in operation.

21. Magnetic Field Limitations: Identify anticipated magnetic field levels at the fence line of the Facility when construction is complete and when the Facility is in operation.

22. Telecommunications Interference: Identify electromagnetic fields and communications interference to be generated by the Facility when construction is complete and when the Facility is in operation.

23. Photovoltaic Panel Angles: Submit a vehicular glare analysis on the layout, mounting and movement of the photovoltaic panels and demonstrate that the glare will be minimized and will not materially interfere with vehicular traffic. 

24. Aviation Analysis: Submit a full report containing an aviation glare analysis developed by a qualified third-party contractor showing any potential Aviation Glare Hazards (AGH) that would arise from the Facility and its effect on local airports and/or flightpaths. 

25. Proof of notice and full report being actually delivered not less than ninety (90) days prior to the submission of application for a USSPF Building Permit made to the following: the local airport district office or the FAA office with oversight over the Parish, for any airport operated under FAA regulations as part of the National Plan of Integrated Airport Systems (NPIAS); the airport management for all NPIAS and non-NPIAS airports; and the affected military airport or low altitude flight paths in said area.

26. Cultural Resources Review: A cultural resources review conducted in coordination with the state department of historic resources. This report shall further identify historical, architectural, archeological, or other cultural resources on or near the proposed Solar Power Generation Facility. 

27. Life of the Facility and Final Reclamation: Submit a Decommissioning and Final Immovable Property Reclamation Plan (“Decommissioning Plan”) after anticipated useful life or abandonment or termination of the Facility, including evidence of an agreement with the immovable property owner that ensures proper final removal of power generating equipment no later than eighteen (18) months after its final day of power generation. The Decommissioning Plan shall include the following: (a) the anticipated life of the Facility, (b) the estimated decommissioning cost in current dollars, (c) how said estimate was determined, including how credit for salvage value was calculated, (d) the manner in which the Facility will be decommissioned, (e) an acceptable performance guarantee to cover the cost of decommissioning, as set forth in Section 7(29), and (f) shall address all matters discussed in Section 7. The plan must be prepared by a professional engineer licensed in Louisiana.

28. Construction: The installation of equipment shall be performed in accordance with generally accepted industry standards for such installation and in accordance with the manufacturer’s standards and specifications.

29. Licensed Contractor:  The contractor(s) hired to construct, install, service, monitor and/or maintain the Facility and any of the equipment therein, shall be duly licensed by the Louisiana State Licensing Board for Contractors in the classification of solar energy equipment as required by La. R.S. 37:2156.3 and LAC 46:XXIX, Chapters 1-7 at Section 311, as amended. Each contractor and subcontractor shall register with the Permit Office prior to furnishing any labor, materials, services, or work to the USSPF project.

30. Performance Guarantee for Decommissioning: Prior to a USSPF Building Permit being issued, as a precondition to commencing construction, the Facility owner, developer, and/or operator shall submit to the Permit Office a performance guarantee in the form of a performance bond, irrevocable letter of credit, or cash escrow held by a federally insured financial institution in the amount of the estimated decommissioning cost of the Facility based on the report prepared in Section 7(26). 

Credit may be given for salvage value of the equipment provided in the decommissioning plan and such credit may be subtracted from the estimated decommissioning cost but under no circumstances may the performance guarantee be less than $500,000.00 even if the salvage value of the equipment exceeds estimated decommissioning cost. If providing a performance bond, it shall be issued by a solvent, legal surety that is licensed to do business in the State of Louisiana, subject to the approval of the Permit Office. Any financial institution issuing an irrevocable letter of credit or holding a cash escrow shall be subject to the approval of the Permit Office. 

For the performance guarantee, whether utilizing a bond, letter of credit, or cash escrow, the performance guarantee shall be created in such a manner that the immovable property owner(s) is listed as the primary beneficiary of the performance guarantee, with the Jury bring listed as the secondary beneficiary. The performance guarantee shall provide that it cannot be amended, cancelled, or revoked without the prior written consent of all beneficiaries thereto. The amount of the estimated decommissioning cost and the performance guarantee shall be reviewed at least every five (5) years by the Permit Office and shall be increased as needed in accordance with the Consumer Price Index for inflation and any reduction in value of the credit given for estimated salvage value. The performance guarantee shall be released at such time that it or its assignees remove the system(s) and associated abandoned structures of the Facility and such completed removal is found to be satisfactory by the Permit Office.

Section 8. USSPS OPERATING PERMIT APPLICATION

USSPF Operating Permit Application: In the USSPF Operating Permit Application, in addition to providing proof that all requirements of the USSPF Building Permit Application have been complied with, whether listed below or not, the USSPF Operating Permit Application shall also provide proof that the USSPF complies with the following requirements:

1. Build Completion: Upon substantial completion of the construction of the Facility, a certified as-built plan stamped by a professional engineer licensed in Louisiana shall be submitted to the Permit Office for review, which shall clearly show the as-built Facility, including any and all as-built construction, concealed or buried conduit, utilities, etc. The Permit Office must approve the as-built plan prior to the Permit Office’s final inspection of the Facility. Once approved, the owner, developer, and/or operator shall file the as-built plan in the Richland Parish immovable property records and the Permit Office shall maintain a copy of the as-built plan on file for three (3) years after the Facility has completed the decommissioning process.

2. Proof of Adherence to Noise Limitations: Proof of adherence to noise limitations by the Facility shall be submitted to the Permit Office within three (3) months from the commencement of operation of the Facility. This proof shall be based upon actual measurement of the noise level at the property line of each neighboring property during Facility operation.

3. Proof of Adherence to Magnetic Field Limitations:  Proof of adherence to magnetic field limitations by the Facility shall be submitted to the Permit Office within three (3) months from the commencement of operation of the Facility. This proof shall be based upon actual measurement of the magnetic field background levels at the property line of each neighboring property during Facility operation.

4. Final Inspection/Permission to Operate:  Prior to operation of the Facility, the owner, developer, and/or operator shall submit a written request for final inspection of the Facility to the Permit Office. The Permit Office shall perform both a file review and a physical inspection of the Facility in conducting the final inspection. The review shall be performed to confirm that applicable requirements of this Ordinance have been met and that the approved as-built plan reflects the Facility design as constructed. 

If the Permit Office determines that the Facility has passed the final inspection and all applicable fees have been remitted, the Permit Office shall notify the owner, developer, and/or operator in writing that operation of the Facility may commence. If the Permit Office determines that the Facility does not pass the final inspection, the owner, developer, and/or operator shall be notified in writing and provided with a list of deficiencies that must be corrected. The owner, developer, and/or operator shall correct the deficiencies and notify the Permit Office in writing of same at which time the Permit Office will conduct another final inspection.

5. Proof of all required Permits: The USSPF shall not be granted a USSPF Operating Permit to begin delivering power in commercial quantities to the electrical grid until all required permits are provided to the Permit Office for its review.

Section 9.MISCELLANEOUS PROVISIONS RELATING TO PERMITTING:

1. Delayed or Incomplete Construction:  A USSPF Building Permit shall expire two (2) years from date of issuance if construction of the Facility has not commenced. A USSPF Building Permit shall expire four (4) years from date of issuance if the construction of the Facility has not obtained a USSPF Operating Permit. After expiration of a USSPF Building Permit, the applicant may reapply.  

2. Experts and Consultants: Should the Permit Office determine that review of any element of the application, including but not limited to the Decommissioning Plan, requires assistance from outside experts, including but not limited to engineers, accountants, or other technical consultants, the Permit Office shall bear the cost of retaining the expert. Where provisions of this Ordinance require submittal of a report or other information prepared by or work performed by a third-party contractor, engineer, or other consultant, the Permit Office has the authority to hire consultants to review the submitted report, information, or work performed by third party contractor, engineer or other consultants. 

Section 10. APPEALS 

If a USSPF Building Permit or USSPF Operating Permit is denied by the Permit Office, the Permit Office shall provide a written statement as to the reasons for the denial to the applicant and the applicant shall be afforded thirty (30) days from receipt of the notice of denial to submit additional information or an amended plan to remediate the defects that were the basis for the permit denial. If the application is again denied, the applicant shall have the option to appeal the denial to the Jury within thirty (30) days of receipt of the Permit Office’s notice of denial. If timely appealed, the Jury shall hold a hearing and the Jury may, by majority vote, affirm the decision of the Permit Office or may repeal the decision of the Permit Office and grant the Permit. The Jury’s decision is final, but it may be appealed to the 5th Judicial District Court within ten (10) days from the mailing of the Jury’s final decision to the appellant.

Section 11. PERMIT FEE

The USSPF Building Permit fee shall be one-percent (1%) of the total construction costs of the USSPF project, with a minimum fee of $10,000.00. The USSPF Building Permit fee shall be due upon issuance of the USSPF Building Permit.  There shall be no fee for the USSPF Operating Permit that is obtained after the USSPF Building Permit.  If a USSPF Building Permit lapses based on Section 7(1), a new USSPF Building Permit fee will be required upon reapplication.

Section 12. INSPECTIONS

Upon 24-hours prior notification, with the exception of emergency situations, as determined at the discretion of the Permit Office, authorized representatives of the Parish may enter upon the premises and conduct an inspection of the Facility at any time, whether during construction, operation, or decommissioning, to verify compliance with any and all applicable requirements, standards and/or guidelines.

Section 13. ENFORCEMENT:  PENALTIES AND/OR FINES

The Jury may, at its discretion, enforce and collect penalties for noncompliance with this Ordinance, as follows: not more than $1,000 per day for a first violation, $1,500 per day for a second violation, and $2,000 per day for a third and subsequent violations. A notice of noncompliance shall be sent by certified mail, return receipt requested, to the owner, developer, and/or operator of the Facility setting forth the non-compliant activities and a deadline for achieving compliance. If the owner, developer, and/or operator does not meet the requirements for compliance within the allotted time period, a notice of penalty shall be sent by certified mail, return receipt requested, to the owner, developer, and/or operator. The owner, developer, and/or operator has thirty (30) days from receipt of the certified mail to remit payment or appeal the penalty to the Jury. If the owner, developer, and/or operator fails to timely appeal the penalty, the penalty becomes final and non-appealable. Failure to pay the penalty timely is a violation of this Ordinance and may result in the revocation of the USSPF Building Permit or USSPF Operating Permit, as applicable. Repeat violations of this Ordinance may result in revocation of the USSPF Building Permit or USSPF Operating Permit.  If an owner, developer, and/or operator is in violation of this Ordinance and does not correct the violations or appeal them in the manner and within the timeframes stated above, the Jury has the right to seek an injection to stop the operations of the owner, developer, and/or operator through judgment obtained in the 5th Judicial District Court.

Section 14. DEVIATIONS FROM APPLICATION

The owner, developer, and/or operator of the Facility must immediately notify, update, and/or supplement its USSPF Building Permit Application or USSPF Operating Permit Application with the Permit Office in the event of any material changes or deviations from the information represented in its original application. The Permit Office will determine whether the changes and/or deviations result in noncompliance with this Ordinance and require the Parish to reconsider the status of the permit.

Section 15. ECOMMISSIONING, REMOVAL AND ABANDONMENT

1. Any Facility that has reached the end of its useful life, ceases to generate power as set forth in Section 7(3), or has been abandoned, shall be removed in accordance with the Decommissioning Plan. The removal and decommissioning activities shall commence within ninety (90) days of termination of site use, abandonment, or revocation of the USSPF Building Permit or USSPF Operating Permit. The Facility owner, developer, and/or operator shall physically remove the installation no more than eighteen (18) months after its final day of power generation. The owner, developer, and/or operator shall notify the Permit Office by certified mail, return receipt requested, of the proposed date of the discontinued operations and provide detailed plans for removal and decommissioning of the Facility.

In the event a Solar Power Generation Facility is in place prior to the enactment of this Ordinance and does not have an approved decommissioning plan, said Solar Power Generation Facility shall meet the decommissioning requirements provided in Section 7(2) below. 

2. Decommissioning shall consist of:

a) Physical removal of all solar energy systems, structures, equipment, security barriers, and transmission lines from the site, including, but not limited to, any underground cabling or other structures;

b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

c) Stabilization or revegetation of the land where the Facility once stood, with vegetation similar to the native vegetation within a one-mile radius of the facility boundary. The contour of the immovable property shall be returned to what it was at the inception of the project, or as similar as reasonably possible, except that this requirement shall not apply where the immovable property owner(s) consents to the altered contour of the immovable property remaining and permanent drainage structures are in place to ensure that no adjoining immovable property has adverse effects from watershed, runoff, and/or drainage from the immovable property. The Permit Office may allow the owner, developer, and/or operator to leave landscaping or designated below-grade foundations to minimize erosion and disruptions to vegetation. The immovable property owner(s) and/or the Permit Office may require that roads and/or buildings be retained; and

d) Remediation of any environmental hazards remaining on the site, as determined by the EPA, LDEQ, or the Permit Office.

3. Absent a written notice of a proposed date of decommissioning or written notice of a force majeure, the Facility shall be considered abandoned when it fails to generate electricity for more than one (1) year after the issuance of the USSPF Operating Permit, without having first obtained the written consent of the Permit Office. Determination of abandonment shall be made in the sole discretion of the Permit Office.

4. If the owner, developer, and/or operator of the Facility fails to remove the installation in accordance with the requirements of this Ordinance within eighteen (18) months of abandonment or the proposed date of decommissioning, the Parish may utilize the performance guarantee and any and all legal or available means necessary to cause the abandoned, hazardous, or decommissioned Facility to be removed and to complete all of the decommissioning steps under this Ordinance.

Section 16. INDUSTRIAL TAX EXEMPTION PROGRAM (ITEP)

The Jury reserves the right to accept, reject, or request modification of the Louisiana Industrial Ad Valorem Tax Program, which provides an 80% property tax abatement for an initial five (5) years with the option of renewal.

Section 17. TRANSFER AND/OR SALE OF USSPF

The Permit Office shall be notified within thirty (30) days of any transfer of ownership, operation, and/or sale of the Facility. The new owners or operators of the Facility shall be held to the standards, requirements, and permit conditions set forth in the then applicable and current version of this Ordinance.

Section 18. CONFLICT OF LAWS

Whenever the requirements of this Ordinance conflict with each other or with the requirements of any other applicable statute, regulation, or law, including, without limitation, any regulations that may be promulgated by the Louisiana Department of Natural Resources, the more restrictive regulation shall apply. In the event the requirements of this Ordinance conflict with any other Ordinance previously enacted by the Jury, the provisions of this Ordinance shall apply.

Section 19. VENUE AND CHOICE OF LAW

The venue for any suit related to the construction or operation of a USSPF facility or for the enforcement of this Ordinance or appeal of the same, shall be the 5th Judicial District Court for the Parish of Richland, State of Louisiana, and Louisiana Law shall apply to the same.

BE IT FURTHER ORDAINED, that to the extent that any prior Ordinances may be contradictory to the provisions of this Ordinance, such prior Ordinances are repealed.

BE IT FURTHER ORDAINED, that as authorized by the Laws of the State of Louisiana and the Ordinances of the Richland Parish Police Jury, this Ordinance shall be published in summary by title effective as of the date of adoption stated below.

The above and foregoing having been submitted to a vote at the regular meeting of the Richland Parish Police Jury on June 3, 2024, the vote thereupon resulted as follows:

YEAS: Billy Powell, Johnny Jones, Elliot Colvin, Jesse Lively, Barbara Carroll, Steve Adcock

NAYS:

ABSENT: Doug Craig, Roy Wiggins

The ordinance was therefore declared adopted on the 3rd day of June, 2024.

CERTIFICATION

I, LAURA MULHERN, SECRETARY OF THE RICHLAND PARISH POLICE JURY, do hereby certify that this is a true and correct copy of The Richland Parish Utility Scale Solar Project Facility Standards Ordinance, Ordinance No. 2024-06-03, adopted by the Richland Parish Police Jury, in regular session convened on the 3rd day of June, 2024, at which meeting a quorum was present.

GIVEN UNDER MY OFFICIAL SIGNATURE AND SEAL OF OFFICE, this _3rd__ day of June, 2024.

/s/ Laura Mulhern

LAURA MULHERN, SECRETARY

Ms. Carroll made a motion to accept the resignation of Regina Craig from the Richland Parish Hospital Service District 1-B Board  and to appoint Shelia Minor to that position.  This was seconded by Mr. Colvin and passed with no opposition.  

A motion was made by Mr. Colvin and seconded by Mr. Powell to appoint the Richland Beacon News as the official journal for the Richland Parish Police Jury.  Motion passed with no opposition.

The Secretary-Treasurer handed out the Revenue and Expenditures report (Budget vs Actual) and the bank balances for the month of May 2024. No action taken.  

No bids were received for the building at Alto.  Mr. Lively made a motion to re-bid the Alto building.  This was seconded by Mr. Adcock seconded the motion and it passed with no opposition.  

Mr. Colvin made a motion to bid out for the lease of an excavator for the Alto barn.  Mr. Lively seconded the motion and it passed with no opposition.

A motion was made by Mr. Lively and seconded by Mr. Adcock to appoint Austin Croxton as Bridge Foreman at $19.00 per hour and appoint James Lowery as Road Foreman.  Motion passed with no opposition.

A motion to adjourn was made by Mr. Colvin and seconded by Mr. Livley.  Motion passed with no opposition.

/s/ Laura Mulhern

Secretary-Treasurer

/s/ Cecil Reddick

President

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