By Michael Carl
A bill introduced in the Massachusetts Legislature would give the state’s Energy Facilities Siting Board greater power to grant licences for renewable energy generating facilities.
Massachusetts Senate Bill 1504 would consolidate all of the state’s energy licensing boards into one and give the board power to grant licenses over the objections of local governments.
Bill sponsor Senator Michael Morissey says a major purpose of the bill is to stabilize the approval process. “We wanted to come up with a plan that made some sense and make the approval process operate in a more timely manner,” the senator said.
Mr. Morissey acknowledged that the Massachusetts Municipal League has raised objections to the bill, “We’re still taking comments about the bill and will try to incorporate the Municipal League’s concerns.”
However, giving the licensing board that much power concerns Jim Wallace, the Public Policy Analyst and Legislative Director for the sportsman’s group, Gun Owners Action League.
Mr. Wallace says the bill concentrates too much power in the hands of one state board, “The bill sets up a permitting system for wind energy sites that would bypass all of the standard application and permitting processes that any other industry has to follow.”

A wind turbine on Cape Cod. The blades on this tower are smaller than the blades that would be on the Berkshire wind project towers. Michael Carl photo.
“Wind energy site applicants would be allowed to bypass energy law and environmental law,” Mr. Wallace explained. “In the long run, if the state decided that any of the sites could work, the local municipalities wouldn’t be able to stop them from being put in.”
The Legislative Director of the Massachusetts Audubon Society Jennifer Ryan says the bill consolidates the permitting process, “It consolidates the permitting process into one permit.”
“All of the traditional permitting agencies, Environmental Protection, Fish and Game. Local permits would be issued as one permit,” Ms. Ryan said. “It limits the opportunities for appeals and it does to some extent reduce the authority of the environmental agencies.”
Ms. Ryan adds that there is one qualifier on the state’s authority, “The state has to put forth standards that are protective of the existing standards. This bill will raise environmental standards in the Commonwealth (the State of Massachusetts). If the site doesn’t meet the standards, a local panel can object and the state wouldn’t be able to override the local government.”
She adds that the bill protects the state forests, “This would put in place protection for those large forested areas.”
Another area of concern for the Audubon Society is wildlife. Her organization has worked with the state and federal agencies to ensure that birds and bats are protected, “It’s all about placement. If you put the turbines in a site that migratory birds go through, you could have some serious problems.”
“That’s why it’s important to go out beforehand and do studies and surveys to ensure that the area considered for placement isn’t an area that has a large migratory bird or bat population.”
“We have to continue to do the surveys to ensure that the migratory patterns don’t change so the wildlife will be protected.”
Yet Mr. Wallace disagrees, “The administration has targeted some thirteen state forests and three or four wildlife management areas.”
“Sportsmen are among the first groups who championed conservation. We’re the ones who put waterfowl stamps and other voluntary taxes in place so wildlife areas and refuges could be established,” he explained. “The only place they’re going to be able to put these things are on some of the lands we’ve spent a century trying to protect.”
A committee in the U. S. Congress is holding hearings on renewable energy sources. Ms. Ryan reports that the public policy director for the national Audubon Society is testifying on Capitol Hill.
The U. S. Congress is watching to see what happens in Massachusetts with a bill raising higher environmental standards mixed with a more centralized permitting process.
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This post was written by mcarl on September 29, 2009