House
Bill No. 108
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
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[Introduced June 13, 2006.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §24-2-19, relating to
the study of the development of wind powered electric
generation facilities generally; and initiating a moratorium
on the issuance of siting certificates for certain wind
powered electric generation facilities.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §24-2-19, to read as
follows:
ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.
§24-2-19. Wind power projects.
(a) The Legislature hereby finds and declares the following:
(1) That recent years have witnessed a tremendous growth in
the number of business entities engaged in the production of energy
through wind power harnessed by large windmills; in order for wind powered electric generation facilities to be economically efficient
and effective, they must be constructed, installed and operated in
areas in which the prevailing winds are sufficient to continuously
power such windmills and generate electricity;
(2) The operation of wind powered electric generation
facilities in certain areas has raised national security concerns,
as evidenced by the National Defense Authorization Act for Fiscal
Year 2006 (P.L. 109-163), which ordered the United States
Department of Defense to assess the effects of windmill farms on
military radar installations and submit a report to the Committee
on Armed Services of the United States Senate and the Committee on
Armed Services of the United States House of Representatives;
(3) The United States Department of Defense and the United
States Department of Homeland Security issued a joint interim
policy on windmill locations on the twenty-first day of March, two
thousand six, entitled "The DOD/DHS Long Range Radar Joint Program
Office Interim Policy," expressing opposition to the establishment
of certain wind powered electric generation facilities within radar
line of site of the National Air Defense and Homeland Security
radars;
(4) The Federal Aviation Administration recently suspended the
construction of several wind powered electric generation
facilities, citing concerns that additional research is needed to
determine the impact of wind powered electric generation facilities
on military radar.
(5) A comprehensive review of issues related to the development of wind powered electric generation facilities in West
Virginia is necessary to determine the manner in which this energy
source may be properly regulated to ensure that State regulations
relating to wind powered electric generation facilities are
consistent with national security interests; to determine the
impact of wind powered electric generation facilities on radar
operation and aviation safety; and to examine other issues relating
to the impact of such facilities on the health, welfare, safety and
well being of the general public; and
(6) The prudence of the construction of such facilities may be
affected by changing conditions occasioned by a comprehensive
review of the national security, aviation safety, and other issues
relating to wind powered electric generation facilities.
(b) The Public Service Commission, the Department of Military
Affairs and Public Safety, the Department of Environmental
Protection, and the Division of Natural Resources shall conduct a
joint study upon issues related to the development of wind powered
electric generation facilities in West Virginia to ensure that
State regulations relating to wind powered electric generation
facilities are consistent with national security interests; to
determine the impact of wind powered electric generation facilities
on radar operation and aviation safety; and to examine any other
issues relating to the impact of such facilities on the health,
welfare, safety and well being of the general public. A report of
the joint study and any resulting recommendations shall be
submitted to the Joint Committee on Government and Finance on or before the first day of December, two thousand six. The Public
Service Commission shall facilitate the scheduling of all meetings
necessary to conduct the joint study, which shall be held at least
monthly.
(c) Pursuant to the findings in subsection (a) of this section
and in order to permit the completion of the study required by the
provisions of subsection (b) of this section, and notwithstanding
any other provision of this chapter, effective the first day of
July, two thousand six, the commission shall issue no siting
certificates for wind powered electric generation facilities
located within twenty nautical miles of an airport that
accommodates military aircraft for a period of six months. With
respect to applications for siting certificates for such wind
powered electric generation facilities which are pending before the
commission on the effective date of this section, such applications
shall be suspended by the commission and held in abeyance by the
commission during the pendency of the period of suspension mandated
by this subsection.
NOTE: The purpose of this bill is to authorize a study on the
development of wind powered electric generation facilities in West
Virginia and to place a six-month moratorium on the issuance of
siting certificates by the Public Service Commission for certain
wind powered electric generation facilities.
§24-2-19 is new; therefore, underscoring and strike-throughs
have been omitted.
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