[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2938 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2938

       To provide for local control for the siting of windmills.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 2005

Mr. Duncan (for himself and Mr. Gordon) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
   addition to the Committees on Resources and Ways and Means, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
       To provide for local control for the siting of windmills.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmentally Responsible 
Windpower Act of 2005''.

SEC. 2. LOCAL CONTROL FOR SITING OF WINDMILLS.

    (a) Local Notification.--Prior to the Federal Energy Regulatory 
Commission issuing to any wind turbine project its Exempt-Wholesale 
Generator Status, Market-Based Rate Authority, or Qualified Facility 
rate schedule, the wind project shall complete its Local Notification 
Process.
    (b) Local Notification Process.--(1) In this section, the term 
``Local Authorities'' means the governing body, and the senior 
executive of the body, at the lowest level of government that possesses 
authority under State law to carry out this Act.
    (2) An applicant shall notify in writing the Local Authorities on 
the day of the filing of such Market-Based Rate application or Federal 
Energy Regulatory Commission Form number 556 (or a successor form) at 
the Federal Energy Regulatory Commission. Evidence of such notification 
shall be submitted to the Federal Energy Regulatory Commission.
    (3) The Federal Energy Regulatory Commission shall notify in 
writing the Local Authorities within 10 days of the filing of such 
Market-Based Rate application or Federal Energy Regulatory Commission 
Form number 556 (or a successor form) at the Federal Energy Regulatory 
Commission.
    (4) The Federal Energy Regulatory Commission shall not issue to the 
project Market-Based Rate Authority, Exempt Wholesaler Generator 
Status, or Qualified Facility rate schedule, until 180 days after the 
date on which the Federal Energy Regulatory Commission notifies the 
Local Authorities under paragraph (3).
    (c) Highly Scenic Area and Federal Land.--(1) A Highly Scenic Area 
is--
            (A) any area listed as an official United Nations 
        Educational, Scientific, and Cultural Organization World 
        Heritage Site, as supported by the Department of the Interior, 
        the National Park Service, and the International Council on 
        Monuments and Sites;
            (B) land designated as a National Park;
            (C) a National Lakeshore;
            (D) a National Seashore;
            (E) a National Wildlife Refuge that is adjacent to an 
        ocean; or
            (F) a National Military Park.
    (2) A Qualified Wind Project is any wind-turbine project located--
            (A)(i) in a Highly Scenic Area; or
            (ii) within 20 miles of the boundaries of an area described 
        in subparagraph (A), (B), (C), (D), or (F) of paragraph (1); or
            (B) within 20 miles off the coast of a National Wildlife 
        Refuge that is adjacent to an ocean.
    (3) Prior to the Federal Energy Regulatory Commission issuing to a 
Qualified Wind Project its Exempt-Wholesale Generator Status, Market-
Based Rate Authority, or Qualified Facility rate schedule, an 
environmental impact statement shall be conducted and completed by the 
lead agency in accordance with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). If no lead agency is designated, the 
lead agency shall be the Department of the Interior.
    (4) The environmental impact statement determination shall be 
issued within 12 months of the date of application.
    (5) Such environmental impact statement review shall include a 
cumulative impacts analysis addressing visual impacts and avian 
mortality analysis of a Qualified Wind Project.
    (6) A Qualified Wind Project shall not be eligible for any Federal 
tax subsidy.
    (d) Effective Date.--(1) This section shall expire 10 years after 
the date of enactment of this Act.
    (2) Nothing in this section shall prevent or discourage 
environmental review of any wind projects or any Qualified Wind Project 
on a State or local level.
                                 <all>