1. State Permitting Issues for Wind Developments Southeast and Mid-Atlantic Regional Wind Summit 19 September 2005 Jennifer A. DeCesaro Energy Policy Specialist National Conference of State Legislatures

2. Goals of the Presentation To outline the necessary steps for building a wind plant. To look in detail at the permitting process at the federal, state and local levels. To identify general rules applicable to most states in the construction of wind plants.

3. Outline Siting and Permitting a Wind Facility  Local Requirements  State Requirements  Federal Requirements A Brief Look at State Processes  General Permitting Components State Case Studies  Minnesota  Oregon  South Dakota

4. The Bottom Line There is usually a diverse group of stakeholders The permitting of a wind facility may fall under more than one jurisdiction While there are general guidelines, each state has its own permitting requirements Know where you are and who you need to deal with

5. Stakeholders Developers Landowners Utilities The Public Local, State and Federal Agencies

6. Seven Steps for Building a Wind Plant 1.Planning 2.Permitting 3.Financing 4.Securing power purchase & transmission agreements 5.Construction 6.Operation 7.Decommissioning

7. Planning Identify Locations Based On: Transmission Lines Wind Resource Political Environment Wholesale Market Conditions & Rules

8. Permitting – Local  Local Planning Commission  Zoning Board  City Council  County Board of Supervisors

9. Permitting – State  Natural Resource & Environmental Protection Agencies  Historic Preservation Office  Industrial Development & Regulation Agencies  Public Utility Commission  Siting Board

10. Permitting – Federal  Federal Aviation Administration  US Fish & Wildlife Service  Bureau of Land Management Programmatic EIS  Other Federal Land Management Agencies

11. A Brief Look at State Processes Typical Steps Required in Permitting Process 1.Notice of Intent or Preapplication 2.Official Filing 3.Application Deemed Complete 4.Hearings held by Siting Authority 5.Issuance of Draft and Final Orders

12. Permitting Considerations Checklist of Things to Consider Land Use Noise Birds and Bats Visual Resources Soil Erosion & Water Quality Public Health & Safety Cultural Resources Solid & Haz Wastes Air Quality

13. State Case Studies – Minnesota State Summary: Total MW = 615 Planned MW = 222.45 Wind Energy Potential (MW) = 75,000 Rank in U.S. = 9 th Source: American Wind Energy Association, 2005.

14. State Case Studies – Minnesota Minn. Stat. Ann. §§116c.691 – 697 Wind Specific Permitting Requirements  Site permit required for facilities larger than 5MW  Final decision must be made within 180 days after acceptance of complete application  Included procedures for environmental review and public notification  Allows state to place conditions on turbine design and site layout

15. State Case Studies – Oregon State Summary: Total MW = 263 Planned MW = 75 Wind Energy Potential (MW) = 4,870 Rank in U.S. = 23 rd Source: American Wind Energy Association, 2005.

16. State Case Studies – Oregon Or. Rev. Stat. Ann. §469.310 - 360  Wind facility with capacity of less than 35MW may obtain a site certificate  Copies of NOI and application sent out for comment within specified deadlines  State Energy Department notifies the applicant when application complete  Energy Facility Siting Council evaluates each application

17. State Case Studies – South Dakota State Summary: Total MW = 44.48 Planned MW = 50 Wind Energy Potential (MW) = 117,200 Rank in U.S. = 4 th Source: American Wind Energy Association, 2005.

18. State Case Studies – South Dakota S.D. Codified Laws §49-41B-1 Legislative Findings  Facility may not be constructed or operated without a permit S.D. Codified Laws §49-41B-25  Decision on application must be made within 6 months  To be approved, project must meet all requirements of the chapter  Notice of decision must be given to applicant within 10 days of the decision

19. Things to Remember Number of stakeholders to consider Permitting may fall under a number of jurisdictions – local, state and/or federal – be aware of them all There are general rules to follow, but every state has their own way of doing things Thorough planning will help an applicant have a smoother permitting experience