path: home
 

Wind Energy in Virginia - A Balanced Approach

Statement of Issues

Wind energy has been used effectively and successfully globally and is a renewable energy option of great potential in Virginia. Wind energy is desirable in that it has no transportation costs after setup, no fuel, no waste, no emission control, no storage waste. Debt service is for “in the ground” set up costs with minimal maintenance and thus can lead to reduced energy costs after debt service is paid.

Wind energy has many positives and much support among stakeholders; however, it is largely unregulated and concerns have been documented recently by the U.S. Fish and Wildlife Service on bird and bat kills and by Congress on need for policy consistent with the Migratory Bird Treaty Act, the Bald Eagle Protection Act, and the National Environmental Policy Act of 1969.

A balanced approach in Wind Energy Siting will ensure that Community-based energy services provide incentive community-dollars (the new CASH Crop) and protection of viewsheds, habitat, and avian species with the community participating directly in its economic development and future savings.

Background

The Code of Virginia, Virginia Administrative Code relate to Renewable (wind) Energy Tax Credits, but the SCC has not imposed regulations on new Renewable Energy choices. There is no special regulation on siting, bonding, liability, or environmental assessments for commercial-scale wind development under Virginia administrative code. We find other states ready to avoid environmental assessments for wind energy. This is an unwise direction for Virginia’s energy choice. Community-based revenue modeling could provide credit opportunities to counties that might seek affordable energy alternatives and economic development through wind project development, while protecting environmental and viewshed values. There are federal financial incentives and equity in local ownership that could accrue to the communities. The Virginia Department of Mines, Minerals and Energy (DMME) is responsible for Virginia renewable energy policy. The VWEC, supported by DMME and federal funding sources, was created in 2002 “to promote the balanced development of wind energy across the Commonwealth.” A VWEC working group of conservation organization representatives is completing a readily accessible environmental database to facilitate macro-siting decisions for utility scale wind energy developments so that sites with significant natural resource values are avoided to the greatest extent possible and to insure that project development proceeds without unacceptable environmental harm.

The USFWS issued a voluntary “interim Guidance” that recommends preliminary bird migration patterns studies during all seasons for two years prior to approval for any wind energy site. Such study would include pre-and post-construction mortality research and monitoring. A census of wildlife activity should precede the building of a wind farm [factory]. ...(USF&WS) has little enforcement power unless an endangered or threatened animal is actually killed. (Sci Am Feb 2004) Bird and bat issues are a big black hole in our knowledge. We do not know what impact large turbine factories will have in the Eastern US. Most wind turbines in the US are in semi-arid regions. Melvin Tuttle, (Mr. Bat), says, “We really know not nearly as much as we should about rates of bat [wind turbine] mortality,” Bat Conservation International and the American Wind Energy Association have initiated a study of turbine impacts on bats.

While broad-based avian issues are being looked at by the Wind Energy Industry and US Fish and Wildlife, most biologists are coming to a consensus that a minimum two-year study of avian impacts is needed prior to turbine construction. Yet this is not required by law and weakened federal environmental regulations may preclude protection by those seeking to eliminate the National Environmental Policy Act of 1969 and public comment.

Conclusion & Recommendation

Virginia needs a task force study on wind energy siting that will complement Virginia’s energy needs without compromising wildlife habitat and scenic viewsheds. The VWEC is doing a scientific, peer reviewed study that addresses environmental issues associated with the siting of commercial-scale wind projects in Virginia. This study will provide a preliminary analysis of landscape suitability for project siting and the need for environmental study and review. We propose a Legislative (JLARC) Study of wind energy that will address state regulation and enforcement, community-based revenue stream and pricing, ecological health of communities and their viewsheds, and the development of regulatory policy for wind energy consistent with our treaty and statutory obligations under the Migratory Bird Treaty Act and the Bald Eagle Protection Act is needed.

Such a study should:

  1. Identify and analyze relationships between areas most appropriate for preservation and areas most appropriate or desired for wind development. 2.
  2. Recommend guidelines, principles, and best practices to be utilized at the local level to help site wind energy projects. 3.
  3. Recommend voluntary guidelines or model agreements for land leases for wind energy development. 4.
  4. Recommend voluntary local siting guidelines for wind energy development. 5.
  5. Develop tools that can be used in the decision making process to site wind energy projects. 6.
  6. Identify policies or authorizations needed by local government to address multi county or regional issues. 7.
  7. View efforts for land trusts and other mechanisms to preserve Virginia viewsheds and avian habitat. 8.
  8. Consider that wind energy in Virginia cannot be viewed in isolation: anything the Task Force recommends may have application and be of value to other areas of the state. 9.
  9. Ensure that Community-based revenue will accrue at the highest possible level for future uses. 10.
  10. Ensure that all guidelines are consistent with the interim guidelines recommended by the US Fish and Wildlife Service for the protection of avian and bat species, National Environmental Policy Act of 1969, the Migratory Bird Treaty Act, and the Bald Eagle Protection Act to include pre/post bird/bat mortality.

Contacts:

Margaret O’Bryan, Richmond Audubon, 804-746-5599, heron329@aol.com
Diana Parker, Sierra Club – Virginia Chapter 804-748-7842 erthshr@comcast.net