II 

109TH CONGRESS 

1ST SESSION S. 1208 

To provide for local control for the siting of windmills. 

IN THE SENATE OF THE UNITED STATES 

JUNE 9, 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 NOTIFICATION.—Prior to the Federal En8 ergy Regulatory Commission issuing to any wind turbine 

9 project its Exempt-Wholesale Generator Status, Market10 Based Rate Authority, or Qualified Facility rate schedule, 
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1 the wind project shall complete its Local Notification 

2 Process. 

3 (b) LOCAL NOTIFICATION PROCESS.— 

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) Applicant shall notify in writing the Local 

10 Authorities on the day of the filing of such Market11 Based Rate application or Federal Energy Regu12 latory Commission Form number 556 (or a suc13 cessor form) at the Federal Energy Regulatory Com14 mission. Evidence of such notification shall be sub15 mitted to the Federal Energy Regulatory Commis16 sion. 

17 (3) The Federal Energy Regulatory Commis18 sion shall notify in writing the Local Authorities 

19 within 10 days of the filing of such Market-Based 

20 Rate application or Federal Energy Regulatory 

21 Commission Form number 556 (or a successor 

22 form) at the Federal Energy Regulatory Commis23 sion. 

24 (4) The Federal Energy Regulatory Commis25 sion shall not issue to the project Market-Based 
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1 Rate Authority, Exempt Wholesaler Generator Sta2 tus, or Qualified Facility rate schedule, until 180 

3 days after the date on which the Federal Energy 

4 Regulatory Commission notifies the Local Authori5 ties under paragraph (3). 

6 (c) HIGHLY SCENIC AREA AND FEDERAL LAND.— 

7 (1) A Highly Scenic Area is— 

8 (A) any area listed as an official United 

9 Nations Educational, Scientific, and Cultural 

10 Organization World Heritage Site, as supported 

11 by the Department of the Interior, the National 

12 Park Service, and the International Council on 

13 Monuments and Sites; 

14 (B) land designated as a National Park; 

15 (C) a National Lakeshore; 

16 (D) a National Seashore; 

17 (E) a National Wildlife Refuge that is ad18 jacent to an ocean; or 

19 (F) a National Military Park. 

20 (2) A Qualified Wind Project is any wind-tur21 bine project located— 

22 (A)(i) in a Highly Scenic Area; or 

23 (ii) within 20 miles of the boundaries of an 

24 area described in subparagraph (A), (B), (C), 

25 (D), or (F) of paragraph (1); or 
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1 (B) within 20 miles off the coast of a Na2 tional Wildlife Refuge that is adjacent to an 

3 ocean. 

4 (3) Prior to the Federal Energy Regulatory 

5 Commission issuing to a Qualified Wind Project its 

6 Exempt-Wholesale Generator Status, Market-Based 

7 Rate Authority, or Qualified Facility rate schedule, 

8 an environmental impact statement shall be con9 ducted and completed by the lead agency in accord10 ance with the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.). If no lead agency is 

12 designated, the lead agency shall be the Department 

13 of the Interior. 

14 (4) The environmental impact statement deter15 mination shall be issued within 12 months of the 

16 date of application. 

17 (5) Such environmental impact statement re18 view shall include a cumulative impacts analysis ad19 dressing visual impacts and avian mortality analysis 

20 of a Qualified Wind Project. 

21 (6) A Qualified Wind Project shall not be eligi22 ble for any Federal tax subsidy. 

23 (d) EFFECTIVE DATE.— 

24 (1) This section shall expire 10 years after the 

25 date of enactment of this Act. 
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1 (2) Nothing in this section shall prevent or dis2 courage environmental review of any wind projects 

3 or any Qualified Wind Project on a State or local 

4 level. 

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