Wind Farms and the Law

Transcription

1 Wind Farms and the Law 12 January, 2013

2 State Policy Favors Wind Power RSA 162-H:1 Selection of sites for energy facilities must: balance the environment and the need for such facilities avoid undue delay in construction provide full and complete disclosure to the public of plans

3 State Policy Favors Wind Power RSA 162-H:1, continued State to view as part of land use planning Environmental, economic, technical issues considered in an integrated fashion

4 State Policy Favors Wind Power RSA 674:17(j) Planning Board shall encourage the use of solar, wind or other renewable energy systems

5 State Policy Favors Wind Power RSA 674:63 Localities may may not Prohibit wind installations Restrict tower height generally without specifically addressing tower height of wind systems Require a setback of more than 150% of height of wind generator towers Set a noise limit lower than 55 db Set electrical or structural requirements that exceed established building codes.

6 Established by RSA 162-H in Has authority to Issue permits for energy systems Monitor construction and operation of energy facilities Enforce permitting conditions for energy facilities. RSA 162-H:3, I

7 : Members (RSA 162-H:3) Commissioner of DES or deputy (Chair of Committee) Director of Division of Water Commissioner of DRED Commissioner of DHHS Director of Fish and Game Director of OEP Director of Parks & Recreation Director of Division of Forests and Lands Director of Air Resources Commissioner of DOT Commissioner of PUC (Vice Chair of Committee) Commissioner of Dep t of Cultural Resources

8 Permitting Process (RSA 162-H:6-a) Developer files application with Committee Chair has 30 days to determine if application is complete sufficient to allow for review Chair designates subcommittee which has 30 days to hold noticed public meetings in every county where the facility will be located

9 Permitting Process (RSA 162-H:6-a) Participating state agencies have 90 days to file draft permitting requirement reports to Subcommittee State agencies have 180 days to issue final permitting requirements to Subcommittee

10 Permitting Process (RSA 162-H:6-a) Within 30 days of final requirements, Subcommittee holds public hearing Adjudicative procedure - adversarial, like a trial before a judge Subcommittee is judge Takes testimony from interested parties

11 Permitting Process (RSA 162-H:6-a) 8 months after filing of application, Committee issues decision - either permit is issued or denied.

12 Permitting Process During permitting process, Attorney General appoints Counsel for the Public. RSA 162-H:9 Members of the public, represented by counsel or pro se, may also be heard. RSA 162-H:9, II. During permitting process, Committee and Counsel for Public will conduct all necessary studies and investigations. RSA 162-H:10, V.

13 Permitting Process After hearings and investigation process is finished, Committee issues or denies certificate of operation. This will contain all terms and conditions the Committee deems necessary for the protection of the public and environment. RSA 162-H:16. Decision of Committee is reviewable by Superior Court, pursuant to RSA 541. RSA 162- H:11.

14 Enforcement and Penalties Site Evaluation Committee retains jurisdiction during the life of the facility. RSA 162-H:4, I. Certificate may be suspended or revoked for good cause. RSA 162-H:12 Superior Court may issue injunction to enforce terms and conditions of Certificate, fine operator up to $10,000 per day of violations. RSA 162-H:19. Violations are crime. Id. at III.