[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1034 Introduced in Senate (IS)]
1st Session
S. 1034
To provide for local control for the siting of windmills.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2005
Mr. Alexander (for himself and Mr. Warner) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for local control for the siting of windmills.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmentally Responsible
Windpower Act of 2005''.
SEC. 2. LOCAL CONTROL FOR SITING OF WINDMILLS.
(a) Local Control.--Prior to the Federal Energy Regulatory
Commission issuing to any onshore and above-water wind turbine project
its Exempt-Wholesale Generator Status, Market-Based Rate Authority, or
Qualified Facility rate schedule, the wind project shall file with the
Federal Energy Regulatory Commission its Local Approval Authorization.
(b) Local Approval Authorization.--
(1) In this section, the term ``Local Authorities'' means
the governing body, and the senior executive of the body, at
the lowest level of government that possesses authority under
State law to carry out this Act.
(2) Local Approval Authorization is a resolution from the
local governing body and local senior executive (collectively,
the ``Local Authorities'') approving or denying the siting of
such wind project.
(3) Such resolution approving or denying the project shall
be produced by the Local Authorities within 120 days of the
filing of the Market-Based Rate application or Federal Energy
Regulatory Commission Form number 556 (or a successor form) at
the Federal Energy Regulatory Commission.
(4) If such resolution is not issued by the local
authorities within 120 days of the filing of the Market-Based
Rate application or Federal Energy Regulatory Commission Form
number 556 (or a successor form) at the Federal Energy
Regulatory Commission, then such project is deemed to have
obtained its Local Approval Authorization.
(5) Applicant shall notify in writing the local authorities
on the day of the filing of such Market-Based Rate application
or Federal Energy Regulatory Commission Form number 556 (or a
successor form) at the Federal Energy Regulatory Commission.
Evidence of such notification shall be submitted to the Federal
Energy Regulatory Commission.
(6) The Federal Energy Regulatory Commission shall notify
in writing the local authorities within 10 days of the filing
of such Market-Based Rate application or Federal Energy
Regulatory Commission Form number 556 (or a successor form) at
the Federal Energy Regulatory Commission.
(7) If the Local Authorities deny the siting of a wind
project, the Federal Energy Regulatory Commission shall not
issue to the project Market-Based Rate Authority, Exempt
Wholesaler Generator Status, or Qualified Facility rate
schedule.
(c) Determination of Neighboring States.--
(1) In this subsection, the term ``viewshed'' means the
area located within 20 miles of the boundary of a State.
(2) If an offshore, above-water windmill project under this
section is located within the viewshed of an adjacent State,
the adjacent State may determine that the project is
inconsistent with the development plan of the State under the
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).
(3) If a State makes a determination under paragraph (2),
the affected windmill project shall terminate.
(d) Highly Scenic Area and Federal Land.--
(1) A Highly Scenic Area is--
(A) an offshore area;
(B) any area listed as an official United Nations
Educational, Scientific, and Cultural Organization
World Heritage Site, as supported by the Department of
the Interior, the National Park Service, and the
International Council on Monuments and Sites;
(C) any area nominated by the Department of the
Interior and the Federal Interagency Panel for World
Heritage to become an official United Nations
Educational, Scientific, and Cultural Organization
World Heritage Site; or
(D) any Armed Forces base located in the United
States.
(2) A Qualified Wind Project is any above-water wind-
turbine project located in a Highly Scenic Area or within 20
miles of the boundaries of an area described in subparagraph
(B), (C), or (D) of paragraph (1).
(3) Prior to the Federal Energy Regulatory Commission
issuing to a Qualified Wind Project its Exempt-Wholesale
Generator Status, Market-Based Rate Authority, or Qualified
Facility rate schedule, an environmental impact statement shall
be conducted and completed by the lead agency in accordance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). If no lead agency is designated, the lead agency
shall be the Department of the Interior.
(4) The environmental impact statement determination shall
be issued within 12 months of the date of application.
(5) Such environmental impact statement review shall
include a cumulative impacts analysis addressing visual impacts
and avian mortality analysis of a Qualified Wind Project.
(6) A Qualified Wind Project shall not be eligible for any
Federal tax credit.
(e) Effective Date.--
(1) This section shall expire 7 years after the date of
enactment of this Act.
(2) Nothing in this section shall prevent or discourage
environmental review of any wind projects or any Qualified Wind
Project on a State or local level.
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