Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
The Honorable Robert A. DeLeo
Speaker of the House of Representatives
State House, Boston
Dear Mr. Speaker,
On behalf of the cities and towns of the Commonwealth, we are writing to you to express our concerns regarding H. 4687, 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.
Our association has been working for more than two years with local officials, state officials, environmentalists, planners, wind developers and scientists to craft legislation that would govern the siting of wind energy facilities.
The MMA has supported and continues to support wind energy siting reform legislation that was passed by the Senate earlier this year (S. 2260). This carefully crafted compromise bill would maintain strong local control over wind facility permitting using a responsible streamlined permitting process and would increase the municipal voice in the state permitting of all types of large energy facilities by adding a municipal representative to the Massachusetts Energy Facilities Siting Board, which reviews all major energy facilities.
The MMA applauds the Senate for adding the long-overdue municipal voice on the Energy Facilities Siting Board, and that provision is a key reason why the MMA is able to support the overall bill. Until now, the EFSB has had no representation from the municipal sector. A municipal representative will ensure that the EFSB considers impacts to land-use planning and municipal development, as well as energy considerations. We are now respectfully requesting that the House of Representatives adopt this key element in its version of the bill.
However, the current draft of the House’s wind siting legislation (H. 4687) not only would eliminate the municipal representation on the EFSB, the bill would dramatically weaken the appeals process by shifting EFSB responsibilities to a hearings officer in the Green Communities Division within the Executive Office of Energy and Environmental Affairs. While we understand that current internal discussions on the bill may revert back to the EFSB, it is our understanding that the municipal representative on the EFSB would be prevented from participating in any non-wind matter. We strongly oppose this restriction.
The MMA firmly believes that municipal representation in the appeals process is essential to ensure that all siting decisions consider local land-use and development impacts, as well as energy considerations.
We hope that the House can enact the Senate bill, or a version that is closer to it, so that all of our communities that want wind energy can enjoy its benefits without the delays and obstructions that come from lawsuits by opponents of this renewable resource.
To this end, the MMA strongly supports amendment 9, filed by Rep. Denise Provost of Somerville, which would ensure that the language in H. 4687 would mirror the Senate language regarding the Energy Facilities Siting Board and the appeals process.
In other areas of the legislation, H. 4687 preserves some aspects of local home rule by making it clear that municipalities can reject wind energy facilities and the developer’s only remedy would be to go to court, rather than to the state for an override of the local decision. The MMA strongly supports this language, which is central to ensuring that such decisions are vested solely with the host municipality. Because many parties are voicing concerns about the clarity of intent, we would support an amendment that would clarify that the state permitting board may not override a local denial of a wind energy facility, as well as an amendment that clarifies that before construction of a wind energy facility can commence an applicant must first obtain an approval from the local board
and then an approval from the state board.
Many communities that have tried to site a wind turbine have done so without technical advice and without the benefit of established standards regarding noise, lighting, setbacks and other matters. It is critical that communities receive technical assistance in evaluating the potential impact of wind facilities on neighborhoods, residents and businesses, and equally important that all stakeholders participate in a statewide process to establish basic standards and guidelines to aid in local decision-making, and that the technical assistance and standard-setting take place before streamlined permitting is required. Both the House and the Senate bills would ensure that technical assistance will be available to localities at the beginning of the review process and that the state will establish clear siting standards in regards to noise and other issues to prevent the improper siting of a turbine that may negatively impact a community.
The compromise legislation that was sent to the House was the result of countless hours of discussion, negotiation and review. With so little time left in the legislative session, it would be unfortunate if the bill is weakened at this stage, preventing passage of a bill that we believe is important to our communities and our energy future. The MMA therefore strongly supports amendments to restore full municipal EFSB authority, so that we can support the bill and inform our members that the measure fully protects home rule and local interests as part of a reasonable and balanced approach.
Thank you very much for your consideration.
Sincerely,
Geoffrey C. Beckwith
MMA Executive Director
cc: The Honorable Charles Murphy, Room 243
The Honorable Barry Finegold, Room 473B
The Honorable Frank Smizik, Room 274
The Honorable Denise Provost, Room 473F
Secretary Ian Bowles, EOEEA