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Utility bills concern Highlanders
BY ANNE ADAMS • STAFF WRITER
RICHMOND - Two bills introduced in this session of the General Assembly are putting Highlanders on alert, especially if they affect the Highland New Wind Development utility planned for Allegheny Mountain.
The project received a permit from the State Corporation Commission Dec. 20, with a list of conditions designed to reduce the project's environmental impact, particularly on wildlife.
But Sen. Frank Wagner (R-Va. Beach) has introduced two pieces of legislation that affect renewable energy facilities, and those opposed to Highland's utility are worried they could undermine the strict conditions governing its construction and operation.
SB 321
Wagner's Senate Bill 321 would amend the section of the Code of Virginia related to the environmental impact of renewable energy electric utilities. It currently states the Department of Environmental Quality must enter into a memorandum of agreement with the SCC to coordinate environmental reviews of proposed utilities. The change in the code language proposed by Wagner (the only patron of the bill) would add, "When considering the cumulative impact of new and proposed renewable energy electric generating facilities the department shall consult with intertunately, ested agencies of the commonwealth that have expertise in natural resource management and develop a coordinated recommendation on the potential environmental impacts of the proposed renewable energy electric generating facility. The recommendation shall specify any additional site studies, including the scope and duration thereof, necessary to minimize adverse environmental impacts."
Those interpreting the bill say it's designed to simplify the reporting process used by DEQ in compiling reports from all state agencies into one overall recommendation used by the SCC.
But others say it may put agency reports out of SCC review unnecessarily.
For example, HNWD's project application with the SCC required the DEQ to contact other state agencies for recommendations on the proposal. The SCC heavily relied on one from the Department of Game and Inland Fisheries when it attached conditions to HNWD's permit. The concern is that under Wagner's bill, the DGIF report would not have been reviewed as fully by the SCC, and perhaps would have left the DEQ to summarize it, instead of presenting all the details.
The bill was referred to the Committee on Agriculture, Conservation and Natural Resources, where it awaits review.
The related house bill (HB 1466) is similar, requiring the DEQ to evaluate all the information from other state agencies and pull together a consensus recommendation for the SCC. This bill was referred to the House Committee on Agriculture, Chesapeake, and Natural Resources.
SB 324
Wagner's second bill is even more alarming to those opposed to HNWD's project, because it essentially would exempt renewable electric facilities of this size from SCC authority altogether. It amends language under the Utility Facilities Act that redefines what a renewable energy, public utility is, such that any plant generating less than 50 megawatts does not fall under such SCC review. It does mean facilities that size are still subject to local government reviews, however.
Those opposed to the bill say Highland New Wind Development's project may get to take advantage of it, particularly if construction doesn't begin until after July 1, when the bill could be passed.
It was also referred to the Committee on Agriculture, Conservation and Natural Resources, where it sailed through. It now sits in the Committee on Commerce and Labor.
The house version of this bill (HB 1443) calls for a streamlined permitting process on utilities generating power with solar, wind or biomass. It keeps permitting fees at $50 or less, and requires the SCC to act on permit applications in 60 days. This bill has been referred to the Committee on Commerce and Labor.
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