MMA comments to DPU regarding guidelines for siting of land-based wind energy facilities

Secretary Mark Marini
Department of Public Utilities
One South Station, Boston

Re: Comments on D.P.U. 13-165: Best Practices for the Siting of Land-Based Wind Energy Facilities

Dear Secretary Marini:

Cities and towns across the Commonwealth are greatly concerned with the siting of land-based wind energy facilities, and the Massachusetts Municipal Association welcomes the opportunity to submit comments on this important topic.

Municipal officials recognize the need for, and support the identification of, additional science-based best practices for the siting of land-based wind energy facilities. However, we are concerned that the development of best practices by the Department of Public Utilities (DPU) is not the appropriate venue for the development of wind energy facility guidelines, since the DPU does not have jurisdiction over the siting of energy-generating facilities that generate less than 100 MW. We are also gravely concerned about the potential circumvention of local control over renewable energy generation projects by any reduction in the 100 MW permitting threshold for the DPU that may be proposed or result from the Department’s work on this issue.

We had been encouraged by the development of an inter-agency Community Wind Working Group and had expected a broader set of stakeholders would be established to develop best practices. We also looked forward to reviewing those findings with various stakeholders. However, the Community Wind Working group as developed does not adequately represent those stakeholders and should be expanded to represent those cities and towns and agencies that would provide the additional expertise, including the Massachusetts Municipal Association, Franklin Regional Council of Governments, the Berkshire Regional Planning Council, the Cape Cod Commission, the Department of Fish & Game, and the Department of Public Health.

For a number of years, the Massachusetts Municipal Association has called on the Legislature and state agencies to foster best practices to help municipalities with the development of zoning bylaws and permitting of land-based wind energy facilities. We strongly support the development of science-based statewide guidelines and regulations for land-based wind energy facilities that ensure that consistent and protective measures are taken to avoid, minimize and mitigate the potential negative impacts of wind energy. However, municipalities must retain the right to develop more stringent yet reasonable guidelines and land-use regulations to meet the needs of their particular citizens and resources. In addition, municipalities, especially smaller towns, need financial and technical assistance to help with planning, reviewing permits, monitoring and implementing mitigation measures.

The MMA strongly believes the decision-making authority as to whether land-based wind energy facilities are allowed within a particular municipality must remain solely in the hands of each city and town. Local control of land use is a primary function of municipal government. The siting of wind turbines will have profound and long-lasting effects on communities, neighborhoods, residents and their quality of life for generations to come. These siting decisions must ultimately be made by the local officials who best know the unique circumstances of their communities. The MMA is concerned that the guidelines in development by an unrepresentative group could be designed or used to support the overturning of local land-use decisions concerning the permitting of wind turbines – a situation that must not happen.

We know that the Department has conducted a number of public hearings to develop statewide guidelines and that the deadline for public comment was extended. We expect that once the draft best practice guidelines are developed, the Department will hold additional public hearings to receive further public input. We would also like to work with you on technical and financial workshops for municipal officials involved in the planning and possible permitting of land-based wind energy facilities. However, on behalf of cities and towns in every corner of the Commonwealth, we respectfully and firmly ask that the Department refrain from any attempt to reduce the MW threshold, and that instead the DPU’s work product clearly embrace and actively support the full local decision-making authority that correctly belongs at the municipal level.

If you have any questions, please do not hesitate to contact Tom Philbin of the MMA staff at (617) 426-7272 at any time.

Thank you very much.

Sincerely,

Geoffrey C. Beckwith
Executive Director, MMA