Wind Siting Regulations and Guidelines in Northeast: Overview

WIND SITING REGULATIONSAND GUIDELINESIN NORTHEAST A BRIEF UPDATE Deborah Donovan Northeast Wind Resource Center April 30, 2015

THE US DEPARTMENTOF ENERGYS WIND ENERGY REGIONAL RESOURCE CENTERS Purpose: support well-informed, fact- based decisions regarding wind projects Provide accurate, credible information Deliver this information to stakeholders Work with decision- makers to ensure they have the tools to make informed decisions DOE announced awards to 6 centers in March Three-year grants with declining funding Each RRC s budget is $250,000/year DOE pays 80% in year one; 65% in year two; 50% in year three Grants administered through the National Renewable Energy Lab (NREL) Extensive reporting requirements to NREL/DOE 2

NORTHEAST WIND RESOURCE CENTER OUR FOCUS New England and New York for land-based wind New England, New York, and New Jersey for offshore wind Opportunity for people in Pennsylvania to receive and share information The work is divided between land- based wind and offshore wind Different information needs and different approaches 3

Land-Based Wind (LBW) Development in Northeast State RPS programs -> increase demand for new renewables. 2015 is likely to bring RPS program expansions/extensions and new programs (proposed legislation in VT). The expected expansion of the NY RPS will drive regional demand up to 3,000 MW, including demand for wind. NY REV Large Scale Renewable options paper coming out June 1 2015. Grid-scale land-based wind will be the primary source of in-region RPS compliance in the near term. MA, CT, and RI have initiated a regional effort on RE procurement above and beyond RPS targets. Current plan is to get regulatory approval of contracts in 2016. New England governors issued six-state Energy Action Plan; outlined regional cooperation strategies on DG, clean energy generation and transmission procurement. 4

LBW Development in Northeast (continued) The region s policy makers are considering additional infrastructure and generation supply that could either support RE growth or preclude it, depending on the choices made. The outcomes of ongoing regional decisions about infrastructure and generation procurement will determine which technologies and fuels serve the region s needs. LBW can reduce the need for additional NG pipeline infrastructure. Appropriately-sited LBW needed to assure economic and political viability of state RPS programs and other clean energy goals. The recent termination of Cape Wind and several other smaller other LBW projects leaves a gap in New England pipeline. This gap places additional pressure on LBW to deliver the MW needed to meet states goals. 5

LBW Development in Northeast (continued) Based on SEA research,* the current pipeline of wind in New England is as follows: More than 3500 MW of projects under development and not yet permitted More than 95% of this is in northern New England (VT, NH, ME), which has been the center of recent legal challenges About 1500 MW is dependent on the construction of new transmission About 100 MW permitted but not yet under construction still at risk of appeals Almost 250 MW under construction probably safe from additional legal troubles * Includes both public and confidential sources 6

CONNECTICUT CT ended a 3 year moratorium by issuing guidelines in April 2014: o Visual impact analysis o Noise evaluation oFlicker assessment o Ice drop/throw o Blade Shear Regulatory Colebrook survived appeals in Superior and Supreme Courts (6 turbines of 1.6 MW each) Local / Other 7

MAINE ME updated its permitting process and reorganized its wind permitting process in 2013 DEP Approves Hancock Wind's Amendment Application Land Use Planning Commission Staff recommends approval of Weaver Wind Project (23-turbine, 75.9-MW Weaver Wind project in Hancock County) Regulatory Numerous bills about energy siting, unlikely to progress out of committee this session Legislative Supreme Court upholds BEP's decision to grant Passadumkeag permit Friends of Maine's Mountains withdraws appeal against Bingham Wind Lawsuit opposing Oakfield Wind Project Town of Orland narrowly notes against establishing a 180-day moratorium Dixfield Selectmen extend moratorium for 180 days Eolian proposes Waldo Community Wind Project; voters reject new ordinance Eastbrook votes to allow taller turbines for Weaver Wind Project Local / Other 8

MASSACHUSETTS Docket 13-165: Investigation by the Department of Public Utilities on its own Motion into Best Practices for the Siting of Land-Based Wind Energy Facilities. Intent was to review siting guidelines in anticipation of developing proposed guidelines, several attempts to pass wind siting legislation have failed Little action so far, none anticipated. Buckland Bylaw prohibits Large Wind Installations Kingston Board of Health issued an Order for Abatement of Nuisance towards Kingston Wind Independence. Falmouth to Challenge MA Court of Appeals Ruling Regarding Local Zoning Bylaw Violation Related to Wind 1 Mass DEP Issues Consent Order to Hoosac Wind Project, Requires Serrated Edges Installed on Turbines by July 1, 2015 Regulatory Regulatory Local / Other Local / Other 9

NEW HAMPSHIRE NH SEC is currently finalizing new guidelines revisions after legislation required reorganization of the SEC itself The SEC (under Docket 2014-04) is developing rules and criteria for the siting of energy facilities Site 205 and 300 Initial Proposal Package Site 100 and Site 201.01 204.05 Initial Proposal Package Regulatory Communities proposed wind-restrictive rules in opposition to EDPR's Spruce Ridge Wind Farm Debate continues about SEC jurisdiction over Antrim Wind project permitting process Local / Other 10

RHODE ISLAND RI had extensive stakeholder process and issued guidelines in 2012, they do not have the force of regulation or law. Regulatory 11

VERMONT VT PSB opened investigation into sound standards, no requirement that they be issued; no recent activity on project. Regulatory HB 276 - An act relating to greater weight to municipal and regional plans in the siting of electric generation facilities Action on energy siting bills unlikely in 2015 session Legislative Vermonters for Clean Environment lost challenge of Deerfield Wind Permitting Process Northeastern Vermont Development Association Executive Committee Votes to Oppose Utility-Scale Wind Projects Town of Windham modifies Town Plan to preclude large scale wind Local / Other 12

THANKYOU www.northeastwind.org Deborah Donovan ddonovan@seadvantage.com (508) 665-5859 13