[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1208 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1208
To provide for local control for the siting of windmills.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 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 Notification.--Prior to the Federal Energy Regulatory
Commission issuing to any wind turbine project its Exempt-Wholesale
Generator Status, Market-Based Rate Authority, or Qualified Facility
rate schedule, the wind project shall complete its Local Notification
Process.
(b) Local Notification Process.--
(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) 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.
(3) 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.
(4) The Federal Energy Regulatory Commission shall not
issue to the project Market-Based Rate Authority, Exempt
Wholesaler Generator Status, or Qualified Facility rate
schedule, until 180 days after the date on which the Federal
Energy Regulatory Commission notifies the Local Authorities
under paragraph (3).
(c) Highly Scenic Area and Federal Land.--
(1) A Highly Scenic Area is--
(A) 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;
(B) land designated as a National Park;
(C) a National Lakeshore;
(D) a National Seashore;
(E) a National Wildlife Refuge that is adjacent to
an ocean; or
(F) a National Military Park.
(2) A Qualified Wind Project is any wind-turbine project
located--
(A)(i) in a Highly Scenic Area; or
(ii) within 20 miles of the boundaries of an area
described in subparagraph (A), (B), (C), (D), or (F) of
paragraph (1); or
(B) within 20 miles off the coast of a National
Wildlife Refuge that is adjacent to an ocean.
(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 subsidy.
(d) Effective Date.--
(1) This section shall expire 10 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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