New Statewide Siting Authority (former Straw Proposal 3)

DEP permitting in all places where wind power an allowable use (former Straw Proposal 4)

Decision-makers

New Wind Power Siting Authority - statewide permitting authority (PUC chair and 2 public members)

LURC - designates areas where wind power is a permitted use; interim approach pending zoning revision - Director determines land use compatibility

DEP - statewide permitting authority, including LURC zones where wind power is an allowable use

LURC - designates areas where wind power is a permitted use; interim approach pending zoning revision - Director determines land use compatibility ; permitting authority when rezoning required; interim approach pending zoning revision

Staff; major agency roles

PUC - coordination of permit review; proposed findings on energy issues

LURC - zoning/land use compatibility

DEP - review, analysis and proposed findings on environmental issues

DIFW- MESA

DIFW, DMR (coastal), DOC, LURC- review agencies with intervenor status

Existing staff; applicant-funded consulting services as needed

DEP - lead agency on permitting Under this proposal, LURC would retain its current authority to issue development permits when rezoning is required process and environmental analysis

LURC - zoning/land use compatibility

PUC - review agency re: energy related public benefits

DIFW- MESA

DIFW, DMR (coastal), DOC, LURC- review agencies

Existing staff; applicant-funded consulting services as needed

Approval standards

New statewide statute - Clear approval requirements regarding natural resources effects that address impacts specifically associated with wind power; provision for decommissioning and mitigation of project-related impacts The Task Force has discussed different options regarding the nature and scope of mitigation. Options A&B as described on page 3 would allow full consideration of mitigation proposals. Under Option C consideration of mitigation would be limited to impacts on wetlands, vernal pools, and certain shorebirds.

LURC zoning/land use compatibility

Amendment of existing laws (e.g., Site Law) to ensure clear approval requirements regarding natural resources effects that address impacts specifically associated with wind power; provision for decommissioning See fn 2

LURC zoning/land use compatibility

Consideration of public benefits

Determination that project advantages exceed direct and cumulative adverse effects required; project-related benefits considered as follows:

Option A - Public benefits as a whole (economic development, renewable energy and environmental including mitigation) considered under holistic public interest test; or

Option B - Unified environmental-renewable energy criterion assessing environmental and renewable energy related benefits (not economic development), including proposed mitigation

Option C- Reductions in CO2 and other air pollutants element of determination of "fits harmoniously"/unreasonable impact criterion in Site Law and other pertinent laws

Process overview

Authority makes permit consolidated state decision/185 days timeframe

If no hearing, decision on agency record, based on staff's recommended findings

Adjudicatory hearing (PUC rules and staff) (discretionary)

Q: Longer timeframe for contested cases?

DEP Commissioner makes consolidated state permit decision based on agency record and draft permit prepared by staff/180 timeframe

BEP may assume jurisdiction as under current law (discretionary)

LURC (not DEP) development permit required if rezoning

DEP and LURC harmonize administrative practices and procedures

Q: Longer timeframe for contested cases?

LURC zoning

If the project is in zone where wind power allowable use -

Independent Siting Authority approval alone required

Project in zone where wind not allowable use - rezoning under current law required in addition to permit from Authority

Project in zone where wind power allowable use -

DEP permit alone required

Project in zone where wind not allowable use - rezoning and LURC development permit under current law required

Costs

State costs covered with application fees; start up appropriation (repaid with fees) for public members

State costs covered with application fees