[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1208 Introduced in Senate (IS)]




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.

    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) 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>