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Dossier Legislative introduced 09-jun-2005
Bill introduced in Congress — not yet passed by either chamber, and not law.

Environmentally Responsible Windpower Act of 2005

Key claim: Wind turbine projects would have to finish local community notification, and a full environmental impact statement if sited near a highly scenic area or within 20 miles of a coastal National Wildlife Refuge, before FERC could grant them the market authorizations needed to sell electricity.

Abstract

(S1208 · 109th Congress) Environmentally Responsible Windpower Act of 2005 - States that a wind turbine project must complete its Local Notification Process as a prerequisite to Federal Energy Regulatory Commission (FERC) issuance of its Exempt-Wholesale Generator Status, Market-Based Rate Authority, or Qualified Facility rate schedule. Requires the lead agency to conduct and complete an environmental impact statement prior to FERC issuance of its Exempt-Wholesale Generator Status, Market-Based Rate Authority, or Qualified Facility rate schedule to a Qualified Wind Project in or near a Highly Scenic Area (or within 20 miles off the coast of a National Wildlife Refuge). Latest action (2005-06-09): Read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S6301-6303)

Why this matters

The bill illustrates an early attempt to layer NEPA-style review and local-notice prerequisites onto FERC’s wind-project market authorizations, a permitting hook that would have raised siting costs and timelines near scenic and coastal refuge areas. It never advanced, but the design — using FERC rate authority as an environmental-review chokepoint — recurs in later debates over federal wind siting.

Source

Link

Briefing card

Environmentally Responsible Windpower Act of 2005
Stage: introduced · congress · 09-jun-2005

If you were tracking federal wind-siting rules, this 2005 bill was introduced and referred to committee but never enacted, so no new FERC EIS or notice requirement resulted.

Wind turbine projects would have to finish local community notification, and a full environmental impact statement if sited near a highly scenic area or within 20 miles of a coastal National Wildlife Refuge, before FERC could grant them the market authorizations needed to sell electricity.

Cross-references (0)

None recorded — doctrine links and citations appear here as scans and citation sweeps find them.

External: congress:109-s-1208:introduced

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