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

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

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

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

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

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

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

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

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

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

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