[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1034 Introduced in Senate (IS)]

  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.

    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 Control.--Prior to the Federal Energy Regulatory 
Commission issuing to any onshore and above-water wind turbine project 
its Exempt-Wholesale Generator Status, Market-Based Rate Authority, or 
Qualified Facility rate schedule, the wind project shall file with the 
Federal Energy Regulatory Commission its Local Approval Authorization.
    (b) Local Approval Authorization.--
            (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) Local Approval Authorization is a resolution from the 
        local governing body and local senior executive (collectively, 
        the ``Local Authorities'') approving or denying the siting of 
        such wind project.
            (3) Such resolution approving or denying the project shall 
        be produced by the Local Authorities within 120 days of the 
        filing of the Market-Based Rate application or Federal Energy 
        Regulatory Commission Form number 556 (or a successor form) at 
        the Federal Energy Regulatory Commission.
            (4) If such resolution is not issued by the local 
        authorities within 120 days of the filing of the Market-Based 
        Rate application or Federal Energy Regulatory Commission Form 
        number 556 (or a successor form) at the Federal Energy 
        Regulatory Commission, then such project is deemed to have 
        obtained its Local Approval Authorization.
            (5) 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.
            (6) 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.
            (7) If the Local Authorities deny the siting of a wind 
        project, the Federal Energy Regulatory Commission shall not 
        issue to the project Market-Based Rate Authority, Exempt 
        Wholesaler Generator Status, or Qualified Facility rate 
        schedule.
    (c) Determination of Neighboring States.--
            (1) In this subsection, the term ``viewshed'' means the 
        area located within 20 miles of the boundary of a State.
            (2) If an offshore, above-water windmill project under this 
        section is located within the viewshed of an adjacent State, 
        the adjacent State may determine that the project is 
        inconsistent with the development plan of the State under the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).
            (3) If a State makes a determination under paragraph (2), 
        the affected windmill project shall terminate.
    (d) Highly Scenic Area and Federal Land.--
            (1) A Highly Scenic Area is--
                    (A) an offshore area;
                    (B) 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;
                    (C) any area nominated by the Department of the 
                Interior and the Federal Interagency Panel for World 
                Heritage to become an official United Nations 
                Educational, Scientific, and Cultural Organization 
                World Heritage Site; or
                    (D) any Armed Forces base located in the United 
                States.
            (2) A Qualified Wind Project is any above-water wind-
        turbine project located in a Highly Scenic Area or within 20 
        miles of the boundaries of an area described in subparagraph 
        (B), (C), or (D) of paragraph (1).
            (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 credit.
    (e) Effective Date.--
            (1) This section shall expire 7 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.
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