§ 2840. Wind energy generation; State lands

(a) Wind energy generation facilities can provide an important combination of environmental, energy, and economic benefits to the State. Given these benefits, and the fact that the State has allowed other types of facilities to be sited on State lands, it is reasonable to site wind energy generation facilities on State lands, including wind energy generation facilities that are of commercial scale, if such siting does not directly conflict with a specific restriction in federal or State law or with a specific restriction or covenant contained in a conveyance of an interest in the property to the State or one of its agencies or departments, and if sites for wind energy on State lands are chosen and developed in a manner that maximizes energy production and minimizes environmental and aesthetic impacts.

(b) The existing policy of the Agency, entitled "Wind Energy and Other Renewable Energy Development on ANR Lands" (Dec. 2004) (the existing policy) shall not bar the Agency from considering any proposal to construct a meteorological station or wind energy generation facility, including a wind energy generation facility of commercial scale, on lands that the Agency owns or controls. If the Agency receives such a proposal, the Agency shall review the proposal within a reasonably prompt period and provide the entity making the proposal with information regarding the feasibility of and potential constraints that may apply to the proposal. The Agency also shall consider the potential costs and benefits of the proposal to the State of Vermont, including any benefits or impacts that would be derived from leasing State lands to the entity making the proposal.

(c) On receipt of significant new information on the existing policy or on wind energy generation on State lands, the Agency shall undertake a review of that policy and determine if a change in the policy is warranted. During that review, the Agency shall solicit the comments and recommendations of wind energy developers, renewable energy organizations, and other potentially affected entities.

(d) No later than February 15, 2010, the Agency shall report to the House and Senate Natural Resources and Energy Committees on at least each of the following:

(1) The Agency shall identify whether significant new information on the existing policy or on wind energy generation on State lands was received by the Agency after April 2, 2009.

(2) The Agency shall state whether, after April 2, 2009, it undertook a review of the existing policy.

(3) If the Agency undertook a review of the existing policy after April 2, 2009, the Agency shall summarize each conclusion reached by the Agency as a result of that review and the reasons for each such conclusion.

(4) The Agency shall state whether, after April 2, 2009, it made any changes in the existing policy and summarize each such change.

(5) The Agency shall state whether it has received any proposals for construction and operation of meteorological stations or wind energy generation facilities on State lands.

(6) If the Agency received any proposals for construction and operation of meteorological stations or wind energy generation facilities on State lands, the Agency shall provide a summary of each such proposal and the Agency's response to each such proposal. (Added 2009, No. 45, § 8, eff. May 27, 2009.)