Good neighbor policies
Wind projects must meet a series of legislative requirements related to environmental and construction issues. Before construction can begin, an environmental review may be needed to categorize and minimize potential effects upon plants and animals. According to the National Environmental Policy Act, any wind project selling power to a federal entity, moving power over a federal transmission line, or using federal funding or federal land must be analyzed to determine its potential environmental impact.
In California, the overall permitting process for a wind farm is usually much longer and more costly than in neighboring states due to stricter environmental regulations and much higher levels of public participation. Naturally, those factors also are reflected in environmental permitting. Wind plants built in the Golden State are subject to the California Environmental Quality Act (CEQA), which may require additional studies, public hearings, and documentation. Any significant environmental impacts identified in the subsequent environmental impact study must include a plan for monitored mitigation measures.
The time and money required to satisfy the requirements of CEQA are significant—often, as much as hundreds of thousands of dollars and up to three years. In addition, current state legislation is unclear as to whether municipal utilities can commit to wind projects prior to their CEQA certification. That uncertainty may drive wind farm developers to work only with utilities that are not directly subject to CEQA guidelines (IOUs, for example).
A problem often encountered by developers is the discovery of a local obstacle to construction after the site plan has been submitted for CEQA approval. The discovery of an endangered plant or animal, or a cultural or archeological resource at even one planned turbine site would typically require resubmittal of the CEQA with a revised routing plan. In most cases, such a discovery would cause an unplanned delay of the project.
One way to avoid this problem is to use a “micro-siting” plan. In initial site studies, provide for areas 20% larger than those dictated by turbine footprints. Then, if a local obstacle is discovered, there will be sufficient space to resite a turbine a short distance away but still within the scope of the CEQA submittal. This approach is now being tried in Oregon and Washington, and it may become acceptable to California regulators.
Bird and bat mortality has long been a concern and a source of litigation against wind farm developers. However, as wind turbine blades have gotten longer, their tip speeds have come down, somewhat mitigating these concerns. The exception has been potential fatalities of nocturnal migratory birds.
Other environmental laws that may have to be obeyed to build and operate a wind farm include the Resource, Conservation and Recovery Act; the Noise Control Act; the Endangered Species Act; the Archeological Resources Protection Act; the Occupational Health and Safety Act; and the Indian Religious Freedom Act.
Another issue to consider is a wind farm’s possible interference with military flight paths. As mentioned, most wind farms are sited in remote areas with low population density—just the kind of areas favored by the military for training pilots to fly at altitudes as low as 200 feet. Before investing too much effort in an area, check with local authorities about military activities nearby.
Roll the credits
Wind power has value as a fungible commodity. But it also has intrinsically valuable “nonenergy” attributes—renewable energy credits (RECs), or “green tags”—that can be bought and sold on the open market as vehicles for meeting RPS goals.
California’s RPS program has helped spawn the Western Regional Energy Generation Information System (WREGIS), an independent renewable energy tracking system for utilities in the Western Electricity Coordinating Council. WREGIS performs the same function as tracking systems elsewhere in the U.S. (ERCOT, NEPOOL GIS, and MRETS, for example): certifying RECs for renewable energy production.
Although WREGIS is a voluntary program, it enjoys the support of most wind power industry participants and state and local regulators in the western U.S. Many expect it to become the national standard for tracking the generation and transfer of RECs. Since WREGIS went “live” in June 2007, it has made the market for RECs more credible and fluid. Most western IOUs and their regulators now use WREGIS data to verify RPS compliance.
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