Wind, renewable energy bills still alive this session

RICHMOND — Bills aimed at providing strong incentives to wind energy developers in Virginia are surviving in this session of the General Assembly, and some have been substituted by amendments with more teeth.

After meetings early this week, some have been voted back out of subcommittees:

Senate Bill 1194: Small renewable

energy projects

• Introduced by Sen. Phillip Puckett (D-Tazewell); referred Jan. 13 to the Committee on Agriculture, Conservation, and Natural Resources. Sen. Emmett Hanger, Highland County's representative, serves on this committee, along with Sen. Creigh Deeds, a former Highland delegate, and Sen. Mark Obenshain, the Harrisonburg attorney whose firm represents Highland New Wind Development, LLC.

• The bill was referred from Agriculture, Conservation and Natural Resources unanimously, and sent to the committee on commerce and labor in the Senate Feb. 2. It was incorporated that day on a 15-0 vote.

The bill defines small renewable projects as those with a rated capacity of 100 megawatts or less, and requires the DEQ to create a "permit rule" for such projects by Jan. 1, 2010. Any developer of a project this size would be exempt from SCC regulations in place on utilities.

• HB 2175, introduced in the House by Del. Clark N. Hogan (R-South Boston), mirrors SB 1194. It had been referred Jan. 26 to the House commerce and labor subcommittee on energy. From there it went to a subcommittee on energy, which recommended it with amendments. Feb. 5, it was reported from Commerce and Labor 19-2. It went to a full House vote on Feb. 10, where it passed 80-18.

The House bill differs in that the date for the DEQ to create a permit rule was pushed back to July 1, 2012. However, if the permit rule is needed for a wind energy project, it is to be created sooner, and no later than Jan. 1, 2011. More significantly, the permit rule under the House bill now requires applicants to provide far more information, including environmental assessments as needed, and certification the applicant has applied for or obtained all necessary environmental permits.

The applicant would also be required to hold a public meeting in the locality where it proposes a facility, and issue a report to DEQ about comments it receives. Then, a 30-day public review period follows. A schedule of fees created by DEQ would require the applicant to be responsible for all costs associated with the process, including inspection and monitoring for compliance. Further, there are measures in place that would allow any issued permit to be contested.

Senate Bill 1347: Small wind energy

facilities

• Introduced by Wagner; referred Jan. 23 to the Commerce and Labor subcommittee on utilities. The bill was referred from the energy subcommittee, and reported from Commerc and Labor with a substitute on a 15-0 vote. On Feb. 10, it passed the Senate 38-1, with one abstention, from Sen. Mark Obenshain, whose law firm represents Highland New Wind Development LLC.

This bill proposes that smaller wind energy plants and other renewable energy facilities be designated as those with a generating capacity of less than 100 megawatts. The conditions mirror those as amended in House Bill 2175. It now contains significant penalties for non-compliance, and specifically says it cannot be applied to any project, such as HNWD's plans in Highland County, that has already received approval through the State Corporation Commission.

• Identical bill (HB 2525) introduced in the House by Del. Jackson Miller (R-Manassas); referred Jan. 26 to the House commerce and labor subcommittee on energy, where it was recommended to be incorporated into HB2175, and left in Commerce and Labor Feb. 10.