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H.823

Introduced by   Representative Hube of Londonderry

Referred to Committee on

Date:

Subject:  Public service; Act 250

Statement of purpose:  This bill proposes to address the situation in which the holder of an Act 250 permit would like to construct a wind turbine that will generate electricity as part of a development that already is subject to a land use permit and jurisdiction under Act 250.  In this situation, the bill proposes that wind turbine construction will be regulated under Act 250 and not regulated by the public service board under 30 V.S.A. § 248. 

AN ACT RELATING TO WIND TURBINE CONSTRUCTION BY ACT 250 PERMIT HOLDERS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  10 V.S.A. § 6001(3) is amended to read:

(3)(A)  “Development” means:

(i)  The construction of improvements on a tract or tracts of land, owned or controlled by a person, involving more than 10 acres of land within a radius of five miles of any point on any involved land, for commercial or industrial purposes in a municipality that has adopted permanent zoning and subdivision bylaws.

* * *

(ix)  The construction of improvements involving a wind turbine, independent of the acreage involved, but only if the wind turbine is to be constructed as part of an amended permit for a development that already is subject to a land use permit and jurisdiction under this chapter.

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(D)  The word “development” does not include:

(i)  The construction of improvements for farming, logging, or forestry purposes below the elevation of 2,500 feet.

(ii)  The Except as otherwise provided under subdivision (3)(A)(ix) of this section, the construction of improvements for an electric generation or transmission facility that requires a certificate of public good under section 30 V.S.A. § 248 or a natural gas facility as defined in subdivision 30 V.S.A. § 248(a)(3).

* * *

Sec. 2.  30 V.S.A. § 248(a)(2) is amended to read:

(2)  Except for the replacement of existing facilities with equivalent facilities in the usual course of business, except for electric generation facilities that are powered solely by wind turbines and are to be constructed as part of an amended permit for a development that already is subject to a land use permit and jurisdiction under 10 V.S.A. chapter 151, and except for electric generation facilities that are operated solely for on-site electricity consumption by the owner of those facilities:

(A)  no company, as defined in section 201 of this title, and no person, as defined in 10 V.S.A. § 6001(14), may begin site preparation for or construction of an electric generation facility or electric transmission facility within the state which is designed for immediate or eventual operation at any voltage,; and

(B)  no such company may exercise the right of eminent domain in connection with site preparation for or construction of any such transmission or generation facility, unless the public service board first finds that the same will promote the general good of the state and issues a certificate to that effect.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us