Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
The Honorable Barry R. Finegold
The Honorable Michael Morrissey
Joint Committee on Telecommunications, Utilities and Energy
State House, Boston
Dear Chairman Finegold, Chairman Morrissey, and Members of the Committee:
Thank you for the opportunity to provide testimony for the Massachusetts Municipal Association regarding H. 3065 and S.1504, An Act Relative to Comprehensive Wind Energy Siting Reform.
The MMA and its member communities support the need for clean, reliable energy production to ensure a future of affordable, abundant and clean energy for the citizens of the Commonwealth. We believe that the future economic vitality of Massachusetts is intrinsically connected to our role as a leader in energy efficiency and renewable energy. In many instances municipalities have been the leaders in encouraging the development of clean energy resources and our members are enthusiastic about the opportunity for renewable energy projects in their communities.
For the past sixth months, the MMA has taken part in the legislatively created Wind Energy Siting Commission, and we believe great progress has been made toward creating a rational system for the siting and construction of these important facilities. We support many provisions of H. 3065 and S.1504 and encourage their adoption.
We support the long-overdue inclusion of a municipal voice on the Energy Facilities Siting Board. The EFSB has long had no representation from the municipal sector. A municipal representative is important to ensure that the EFSB considers impacts to land-use planning and municipal development, as well as energy considerations.
We support the option of the development of a single-board process for the permitting of wind facilities. We acknowledge that the municipal permitting process does hold the potential for long and complicated permit considerations. We would support the development of a single board, made up of a community’s land-use boards, to simplify the process, while addressing legitimate community concerns.
We strongly support streamlining and time-limiting the state permit processes. In the analysis prepared by the Executive Office of Energy and Environmental Affairs, it has become clear that the longest permit processes have been state processes. In fact, the Renewable Energy Siting Study cites several projects in which municipalities were either the proponents or strong supporters, only to see the projects held up for years at a time in state permitting or adjudicatory proceedings.
Local board decision appeals have not been the determinative factor in delaying construction, and we must register our very strong objection to the provisions that change the process for appealing local board decisions. As noted above, the MMA supports many provisions in the legislation, however, we would be forced to oppose the entire measure if this unnecessary and intrusive portion remains. The facts do not justify granting the state the power to overturn local decisions. We support the single-board process as an effective and balanced way to expedite local decisions and reduce the need for appeals. This is a major change, and local decisions should not be further undermined by having a state agency empowered to override legitimate local concerns.
Under current law, appeals of local board decisions go to the judiciary, usually the Superior Court. The bill would have all appeals of local boards (and state bodies) on these smaller wind projects go to the Energy Facilities Siting Board. If there is an interest in expediting judicial review of these permits, in 2006 the Legislature created a permitting division of the Superior Court to hear such cases on an expedited schedule. We believe that, rather than emboldening applicants to forgo working with local boards in order to draft mutually protective and beneficial permits by allowing them a quick and friendly appeal venue, we should maintain the status quo, which gives all parties their day in an impartial court.
Thank you very much for your consideration.
Sincerely,
Geoff Beckwith
Executive Director, MMA