1. SUSTAINABLE ENERGY CONFERENCE April 14 – 15, 2009
WIND ENERGY PERMITTING

2. SB 3 REPS
2007 legislation established renewable energy portfolio standard
Instructed EMC to establish standards and regulatory programs to ensure that environmental harm does not result from development of renewable energy technologies

3. EMC Environmental Management Commission is 19 member appointed body
Within DENR but possessed of independent regulatory authority, including over air quality and water quality
Majority of members are scientists and engineers

4. Renewable Energy Committee
Formed within EMC to address REPS law requirements
Concerns gamut of renewables
Focused on wind permitting first

5. Proposed Legislation REC developed proposed legislation
Introduced in House and Senate as HB 809 and SB 1068 respectively without change
Final legislative product unknown at this time

6. Wind Permitting Goals
EMC’s charge is to ensure that development of renewable energy technologies do not harm the environment. SB 3, Section 2.(c)
Regulatory scheme should also promote certainty and not unduly burden development of resource

7. Existing Legal Barriers
Permitting regime needs to address two existing barriers to development
Potential bar to development in mountains posed by mountain ridge protection act
CAMA bar to construction of non-water dependent structures on the water
Latter is easily addressed by declaring wind facilities water dependent, based on location of resource

8. Other Major Regulatory Issues
What size facility to trigger state permitting requirement
Whether to limit local government authority to regulate
What requirements to ensure environmental effects are properly assessed
What agencies to manage

9. Capacity Trigger and Local Authority
Chose 2 MW rated capacity, which is the same for requirement to get CPCN from Utilities Commission
Elected not to propose limits on local government authority to regulate
Local governments are being encouraged to pass responsible local ordinances, which, among other things will address set-backs, flicker, and other potential local impacts from facilities of all sizes
State permitting necessary to address issues that are trans- or extra-jurisdictional for local governments, and other statewide concerns such as de-commissioning

10. Coastal Area Permitting
Permitting authority to be assigned to Division of Coastal Management
Permits required anywhere in twenty coastal counties
Applicants must address broad range of potential environmental impacts
Reviews to be undertaken will substantially track reviews customary for CAMA major permits
SEPA will be triggered for developments in public waters or lands

11. Further Program Development
Assuming passage of permitting legislation, focus will shift to developing standards for permit reviews, and perhaps rule-making