Wind, renewable energy bills move across the aisle

RICHMOND — Bills aimed at providing incentives to wind energy developers in Virginia have passed the Senate or House, and have crossed over in the General Assembly.

The good news, according to Highland County officials, is that language providing local and state tax exemptions for wind utilities has been removed in substituted legislation.

The bad news, according to some of those concerned about commercial wind turbines, is that not all bases are covered in terms of thorough environmental studies.

Here's where they stand now:

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. It has not proceeded further since then.

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.

House Bill 2175: Small

renewable energy projects

• HB 2175, introduced in the House by Del. Clark N. Hogan (R-South Boston), mirrors SB 1194. It went from the House commerce and labor subcommittee on energy to a subcommittee on energy, which recommended it with amendments. Feb. 5, it was reported from Commerce and Labor 19-2. It passed the full House on Feb. 10, with a vote of 80-18. It was sent to the Senate Feb. 11, where it was referred to the Senate Committee on Commerce and Labor.

This bill requires DEQ to create a permit rule by 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. The permit rule would require applicants to provide things such as 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. 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 then from Commerce and Labor with a substitute on a 15-0 vote. On Feb. 10, it passed the Senate 38-1, with one abstention, from Obenshain.

It was sent to the House Feb. 13, where it was referred to the House Committee on Commerce and Labor.

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 contains significant penalties for non-compliance, and specifically says it cannot be applied to any project, such as HNWD's proposal in Highland County, that has already received approval through the State Corporation Commission.

— Anne Adams