Wind bill revised to retain local control of siting
November 23, 2009The Legislature’s Joint Committee on Telecommunications, Utilities and Energy has rewritten a wind facility siting bill in order to address municipal concerns about protecting local authority in siting decisions.
The new version of the bill would provide venues for municipalities to weigh in on proposed developments.
Sen. Benjamin Downing of Pittsfield, who said his district is one of three that would be primarily affected by the legislation, called the committee redraft an improvement.
“If a facility is not supported by a municipal government,” Downing told the State House News Service, “it’s not going to be a go-ahead.”
The original bill allowed more aggressive overrides, while the redraft preserves the traditional legal means for cities and towns to oppose wind proposals.
Under current law, appeals of local board decisions go to the judiciary, usually Superior Court.
The bill is consistent with one filed by the governor, which would remove opportunities for abutters to block wind projects.
The MMA has been working with state officials, environmentalists, planners, wind developers and scientists over the past year to develop language for a wind power siting bill that would protect local control over siting while facilitating wind power.
The Telecommunications, Utilities and Energy Committee heard testimony in May on two bills, H. 3065 and S. 1504, that would expedite the siting of wind energy facilities. At that hearing, the MMA argued that local communities must have a role in the siting process.
The MMA expressed its “very strong objection” to provisions in the bills that would change the process for appealing local wind power siting decisions by granting the state the power to overturn local decisions.
“Local decisions,” the MMA wrote, “should not be further undermined by having a state agency empowered to override legitimate local concerns.”
Written by MMA Senior Legislative Analyst Tom Philbin




