Since January, the Executive Office of Energy and Environmental Affairs (EEA) has been refining legislation regarding siting and permitting of land-based wind turbines. EEA formed a commission of environmental groups, wind developers, municipal officials, legislative staff, and state agency staff to develop language. Mass Audubon was not a voting member of the commission, but participated in meetings and provided comments and suggestions. EEA finalized the bill Tuesday of this week.
A legislative hearing will be held next Wednesday, May 20th. The hearing is open to the public and testimony can be submitted at the hearing and/or in writing. The hearing is for Senate Bill 1504 (Senator Morrissey) and House Bill 3065 (Representative Dempsey) both of which were filed as placeholder bills for EEA; the presumption is that the language offered by EEA will replace the text of these bills. For details and bill language, see below.
Mass Audubon is supportive of the language developed by the commission and is preparing testimony.
This legislation represents a change in the siting process for land-based wind energy facilities. Under current law (M.G.L. Ch164 s. 69G Q), all power generating facilities that produce greater than 100 megawatts (MW) can obtain a consolidated permit from the Energy Facilities Siting Board (EFSB). Those that generate under 100 MW go through all relevant state and local permits and are subject to all appeals. The proposed legislation would allow wind energy facilities that generate more than 2 MW to go through a consolidated, expedited permitting process before the EFSB. The standards for review would be as protective as all state environmental laws and regulations. Standards would also be created for large undeveloped areas and non-listed bird and bat species, as well as significant scenic and recreational areas. Local and state permits would be consolidated with final permitting decisions made by the EFSB with the exception that if the facility did not meet the standards, and was denied at the local level, the EFSB could not override the local decisions. The EFSB would have the authority to override all state and local permitting decisions if the standards are met. If a proposed wind energy facility meets siting standards, including those for rare species and non-listed birds and bats, a permit is guaranteed. If it does not meet standards, the permit is discretionary. There would be one route for appeal via the Supreme Judicial Court. In addition, the Department of Fish and Game (DFG) and a municipal representative would be added to the EFSB. Mass Audubon has advocated for the addition of DFG to the board for several years, as they are the permitting agency overseeing rare species and wildlife that can be impacted by the siting of energy facilities and transmission lines.
Concurrent with this process, the administration released a report identifying capacity for renewable power on state lands. The report finds up to 946 MW of wind power potential on state properties, the majority of which are owned by the Department of Conservation and Recreation and are protected under Article 97 of the Massachusetts Constitution. The proposed legislation requires EEA to further analyze the potential for wind power generation on state conservation lands, identifying unsuitable areas and ensuring that those areas would not be developed. The review of Article 97 lands builds upon Secretary Ian Bowle's message in the report cover letter. This would be a public process. See links below.
Renewable Energy and Efficiency Potential on State-Owned Facilities
Cover Letter from Secretary Ian Bowles
Hearing Details
Legislative Hearing
Joint Committee on Telecommunications, Utilities and Energy
May 20th
10 a.m.
Room A-1 in the State House
Wind Energy Siting Bill Text
Wind Energy Siting Bill Summary
Hearings are open to the public. Arrive early in order to go through security and to add your name to the testimony list. When you enter the hearing room, ask for the sign up list if you wish to testify. You can also submit written testimony, addressed to the committee chairs. There is no final date for submitting testimony, but it is typically delivered within a week of the hearing.
Testimony should reference the bills being heard (EEA Language as substitution for SB1505 and HB3065) and be addressed to:
The Honorable Michael W. Morrissey
Senate Chair, Joint Committee on Telecommunications, Utilities and Energy
Room 413-D
State House
Boston, MA 02133
The Honorable Barry R. Feingold
House Chair, Joint Committee on Telecommunications, Utilities and Energy
Room 473B
State House
Boston, MA 02133
For more information, contact Mass Audubon's Legislative Director, Jennifer Ryan at jryan@massaudubon.org.
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