II 

109TH CONGRESS 

1ST SESSION S. 1034 

To provide for local control for the siting of windmills. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2005 

Mr. ALEXANDER (for himself and Mr. WARNER) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for local control for the siting of windmills. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Environmentally Re5 sponsible Windpower Act of 2005’’. 

6 SEC. 2. LOCAL CONTROL FOR SITING OF WINDMILLS. 

7 (a) LOCAL CONTROL.—Prior to the Federal Energy 

8 Regulatory Commission issuing to any onshore and above9 water wind turbine project its Exempt-Wholesale Gener10 ator Status, Market-Based Rate Authority, or Qualified 

11 Facility rate schedule, the wind project shall file with the 
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1 Federal Energy Regulatory Commission its Local Ap2 proval Authorization. 

3 (b) LOCAL APPROVAL AUTHORIZATION.— 

4 (1) In this section, the term ‘‘Local Authori5 ties’’ means the governing body, and the senior exec6 utive of the body, at the lowest level of government 

7 that possesses authority under State law to carry 

8 out this Act. 

9 (2) Local Approval Authorization is a resolution 

10 from the local governing body and local senior execu11 tive (collectively, the ‘‘Local Authorities’’) approving 

12 or denying the siting of such wind project. 

13 (3) Such resolution approving or denying the 

14 project shall be produced by the Local Authorities 

15 within 120 days of the filing of the Market-Based 

16 Rate application or Federal Energy Regulatory 

17 Commission Form number 556 (or a successor 

18 form) at the Federal Energy Regulatory Commis19 sion. 

20 (4) If such resolution is not issued by the local 

21 authorities within 120 days of the filing of the Mar22 ket-Based Rate application or Federal Energy Regu23 latory Commission Form number 556 (or a suc24 cessor form) at the Federal Energy Regulatory Com-
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1 mission, then such project is deemed to have ob2 tained its Local Approval Authorization. 

3 (5) Applicant shall notify in writing the local 

4 authorities on the day of the filing of such Market5 Based Rate application or Federal Energy Regu6 latory Commission Form number 556 (or a suc7 cessor form) at the Federal Energy Regulatory Com8 mission. Evidence of such notification shall be sub9 mitted to the Federal Energy Regulatory Commis10 sion. 

11 (6) The Federal Energy Regulatory Commis12 sion shall notify in writing the local authorities with13 in 10 days of the filing of such Market-Based Rate 

14 application or Federal Energy Regulatory Commis15 sion Form number 556 (or a successor form) at the 

16 Federal Energy Regulatory Commission. 

17 (7) If the Local Authorities deny the siting of 

18 a wind project, the Federal Energy Regulatory Com19 mission shall not issue to the project Market-Based 

20 Rate Authority, Exempt Wholesaler Generator Sta21 tus, or Qualified Facility rate schedule. 

22 (c) DETERMINATION OF NEIGHBORING STATES.— 

23 (1) In this subsection, the term ‘‘viewshed’’ 

24 means the area located within 20 miles of the 

25 boundary of a State. 
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1 (2) If an offshore, above-water windmill project 

2 under this section is located within the viewshed of 

3 an adjacent State, the adjacent State may determine 

4 that the project is inconsistent with the development 

5 plan of the State under the Coastal Zone Manage6 ment Act of 1972 (16 U.S.C. 1451 et seq.). 

7 (3) If a State makes a determination under 

8 paragraph (2), the affected windmill project shall 

9 terminate. 

10 (d) HIGHLY SCENIC AREA AND FEDERAL LAND.— 

11 (1) A Highly Scenic Area is— 

12 (A) an offshore area; 

13 (B) any area listed as an official United 

14 Nations Educational, Scientific, and Cultural 

15 Organization World Heritage Site, as supported 

16 by the Department of the Interior, the National 

17 Park Service, and the International Council on 

18 Monuments and Sites; 

19 (C) any area nominated by the Depart20 ment of the Interior and the Federal Inter21 agency Panel for World Heritage to become an 

22 official United Nations Educational, Scientific, 

23 and Cultural Organization World Heritage Site; 

24 or 
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1 (D) any Armed Forces base located in the 

2 United States. 

3 (2) A Qualified Wind Project is any above4 water wind-turbine project located in a Highly Sce5 nic Area or within 20 miles of the boundaries of an 

6 area described in subparagraph (B), (C), or (D) of 

7 paragraph (1). 

8 (3) Prior to the Federal Energy Regulatory 

9 Commission issuing to a Qualified Wind Project its 

10 Exempt-Wholesale Generator Status, Market-Based 

11 Rate Authority, or Qualified Facility rate schedule, 

12 an environmental impact statement shall be con13 ducted and completed by the lead agency in accord14 ance with the National Environmental Policy Act of 

15 1969 (42 U.S.C. 4321 et seq.). If no lead agency is 

16 designated, the lead agency shall be the Department 

17 of the Interior. 

18 (4) The environmental impact statement deter19 mination shall be issued within 12 months of the 

20 date of application. 

21 (5) Such environmental impact statement re22 view shall include a cumulative impacts analysis ad23 dressing visual impacts and avian mortality analysis 

24 of a Qualified Wind Project. 
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1 (6) A Qualified Wind Project shall not be eligi2 ble for any Federal tax credit. 

3 (e) EFFECTIVE DATE.— 

4 (1) This section shall expire 7 years after the 

5 date of enactment of this Act. 

6 (2) Nothing in this section shall prevent or dis7 courage environmental review of any wind projects 

8 or any Qualified Wind Project on a State or local 

9 level. 

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