Extra Credit for Wind:
4 (D) (1) THIS SUBSECTION APPLIES ONLY TO A GENERATING FACILITY THAT
5 IS PLACED IN SERVICE ON OR AFTER JANUARY 1, 2004.
6 (2) (I) ON OR BEFORE DECEMBER 31, 2005, AN ELECTRICITY SUPPLIER
7 SHALL RECEIVE 120% CREDIT TOWARD MEETING THE RENEWABLE ENERGY
8 PORTFOLIO STANDARD FOR ENERGY DERIVED FROM WIND.
9 (II) AFTER DECEMBER 31, 2005, AND ON OR BEFORE DECEMBER 31,
10 2008, AN ELECTRICITY SUPPLIER SHALL RECEIVE 110% CREDIT TOWARD MEETING
11 THE RENEWABLE ENERGY PORTFOLIO STANDARD FOR ENERGY DERIVED FROM
12 WIND.
Development of Wind Siting Standards
1 (a) (1) On or before October 1, 2004, the Public Service Commission shall
2 establish a technical advisory group to develop recommendations on siting,
3 operational, and monitoring criteria for wind-powered electricity generating facilities
4 relating to avian and bat issues.
5 (2) The technical advisory group shall include the following members:
6 (i) two biologists who are professionally recognized for their
7 expertise in avian issues and behavior, including one from the Department of Natural
8 Resources;
9 (ii) two representatives of wind energy companies;
10 (iii) one representative of an electricity transmission company or
11 other individual with interest and experience in siting and interconnection of
12 electricity transmission facilities with generating facilities;
13 (iv) two representatives of environmental groups; and
14 (v) one representative of the Commission.
15 (3) The technical advisory group shall study and make recommendations
16 on:
17 (i) standards that will avoid or minimize impacts on birds and bats
18 from the construction and operation of wind-energy generating facilities;
19 (ii) a tiered system of standards that vary with the size of the
20 wind-energy generating facility and the associated generating capacity;
21 (iii) additional assessments of avian and bat populations and
22 behavior that may be needed before issuance of a certificate of public convenience and
23 necessity beyond those needed for other types of generating facilities, if any;
24 (iv) additional monitoring studies of avian and bat populations and
25 behavior during and after construction of a facility; and
26 (v) mitigation appropriate to address any impact on avian and bat
27 populations above a threshold level to be included in the certificate of public
28 convenience and necessity for a wind-powered electricity generating facility.
29 (4) In conducting its study, the technical advisory group shall consider
30 guidelines for siting, operation, and avoidance and mitigation of avian impacts under
31 development by the United States Fish and Wildlife Service and by other states.
32 (5) The Power Plant Research Program of the Department of Natural
33 Resources shall assist the technical advisory group in its study and the development
34 of recommendations.
35 (6) On or before June 1, 2005, the technical advisory group shall report
36 its recommendations to the Commission.
20 HOUSE BILL 1308
1 (7) (i) On or before July 1, 2006, the Commission shall adopt
2 regulations for wind-powered electricity generating facility siting taking into
3 consideration the recommendations of the technical advisory group.
4 (ii) The regulations may not apply to any wind-powered electricity
5 generating facility for which an application for a certificate of public convenience and
6 necessity has been submitted to the Commission before the effective date of the
7 regulations.
8 (b) The General Assembly strongly encourages:
9 (1) the Public Service Commission to exempt from siting, operational,
10 and monitoring requirements wind-energy generating facilities that involve only
11 small turbines for residential, agricultural, and small business use, including
12 facilities installed for net-energy metering;
13 (2) developers of commercial wind-energy generating facilities that
14 involve more than 10 turbines to:
15 (i) conduct at least 1 year of site evaluation, using state-of-the-art
16 techniques, both for the potential for direct mortality of avian species and for impacts
17 from fragmentation and loss of forest and other affected habitat; and
18 (ii) provide the results of the evaluation to the Commission for
19 review in connection with proceedings for the issuance of a certificate of public
20 convenience and necessity;
21 (3) developers of commercial wind-energy generating facilities that
22 involve 10 or fewer turbines to:
23 (i) conduct a shorter-term site evaluation both for the potential for
24 direct mortality of avian species and for impacts from fragmentation and loss of forest
25 and other affected habitat; and
26 (ii) provide the results of the evaluation to the Commission for
27 review in connection with proceedings for the issuance of a certificate of public
28 convenience and necessity; and
29 (4) developers of all commercial wind-energy generating facilities to:
30 (i) conduct post-construction avian mortality studies of the impact
31 of facility operation; and
32 (ii) provide copies to the Commission and, while it exists, to the
33 technical advisory group.
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