State Permitting Issues for Wind Developments

Southeast and Mid-Atlantic

Regional Wind Summit19 September 2005

Jennifer A. DeCesaroEnergy Policy Specialist

National Conference of State Legislatures

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.

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

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

Stakeholders

• Developers

• Landowners

• Utilities

• The Public

• Local, State and Federal Agencies

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

Planning

Identify Locations Based On:

Transmission Lines

Wind Resource Political Environment

Wholesale Market Conditions & Rules

Permitting – Local

Local Planning Commission

Zoning Board

City Council

County Board of Supervisors

Permitting – State

Natural Resource & Environmental Protection Agencies

Historic Preservation OfficeIndustrial Development & Regulation Agencies

Public Utility Commission

Siting Board

Permitting – Federal

Federal Aviation Administration

US Fish & Wildlife Service

Bureau of Land Management Programmatic EIS

Other Federal Land Management Agencies

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

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

State Case Studies – Minnesota

State Summary:Total MW = 615

Planned MW = 222.45

Wind Energy Potential (MW) = 75,000

Rank in U.S. = 9th

Source: American Wind Energy Association, 2005.

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

State Case Studies – Oregon

State Summary:Total MW = 263Planned MW = 75Wind Energy Potential (MW) = 4,870 Rank in U.S. = 23rd

Source: American Wind Energy Association, 2005.

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

State Case Studies – South Dakota

State Summary:Total MW = 44.48Planned MW = 50Wind Energy Potential (MW) = 117,200 Rank in U.S. = 4th

Source: American Wind Energy Association, 2005.

State Case Studies – South Dakota

S.D. Codified Laws §49-41B-1Legislative FindingsFacility 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

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