Chris Bray

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Lawmakers craft replacement language for vetoed energy siting bill

MONTPELIER — Key lawmakers have drafted replacement language for an energy siting bill vetoed by Gov. Peter Shumlin on Monday they hope will be passed during a legislative veto session on Thursday to fix issues he identified in his veto message. Shumlin, a Democrat who is not seeking a fourth two-year term, vetoed S.230 Monday over concerns that language approved on the final day of the legislative session would have unintended consequences. He said the emergency rule-making process called for in the bill for new wind turbine sound standards unintentionally invokes a provision in statute that would make Vermont the first state in the country to declare a public health emergency around wind energy “without peer-reviewed science backing that assertion up.”

Additionally, Shumlin said new temporary sound standards for wind turbines “unintentionally relies on a standard used in a small 150 kilowatt project as the standard for all wind” projects, which “could have the clearly unintended effect of pushing wind projects closer to homes where the background noise is higher.” Another provision in the bill requires notice of certificates of public good for energy projects on parcels of land to be filed with land records. He said that “could create problems for residential solar customers when they go to sell their home.”

The fourth concern deals with money. Under the bill, regional planning commissions are supposed to help municipalities develop local energy plans that conform to the state’s energy goals. Continue Reading →

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Energy siting bill passed without funding section

MONTPELIER — Language providing funding for regional planning commissions that was left out of an energy siting bill passed by lawmakers in the waning hours of the legislative session will need to be restored when lawmakers return in January. Both House and Senate leaders agree that the funding — about $300,000 — was intended to be part of the final version of the legislation. The money will help regional planning commissions develop regional energy plans and assist municipalities with town-level energy plans. Those plans will be necessary under the law if local communities are to receive “substantial deference” from the Public Service Board when energy products are considered. House Natural Resources and Energy Committee Chairman Tony Klein, D-East Montpelier, said the absence of the funding in the bill was a simple drafting error as the office of Legislative Counsel worked quickly to update the legislation ahead of adjournment. Continue Reading →

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