New wind energy regulations pass House

RICHMOND — New regulations on wind energy utilities with capacities of less than 100 megawatts appear to be headed into law following the passage of bills in the House this week.

Two Senate bills and a House bill reflect the same idea that "smaller" wind plants, defined as those with a capacity of 100 megawatts or less, be handled through the state Department of Environmental Quality instead of the State Corporation Commission.

The SCC approved a state permit for the wind facility proposed by Highland New Wind Development in Highland County last December, and the length of the process plus Gov. Tim Kaine's push for renewable energy initiatives appears to have prompted this move to streamline permitting for smaller projects.

Monday, the Senate received a substituted bill with some changes to retain SCC jurisdiction when it comes to rights of way and denials for interconnection of facilities.

On Tuesday, the House passed SB 1347, initially introduced by Sen. Frank Wagner (R-Va. Beach) in the Senate, which mirrored 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, that has already received approval through the State Corporation Commission.

It 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.

The bill passed the House 76-21 this week.