Essay : Big Wind means big challenge for Martha's Vineyard towns

By Carlos Montoya
Published: September 10, 2009

Big Wind is coming to Martha's Vineyard. And the next five months are key to influencing the outcome.

The state's 2008 Ocean Act required an Ocean Management Plan (Ocean Plan), released June 30. The Ocean Plan, still a draft, designates an area off Nomans Land and another off Cuttyhunk - and no others statewide, at this point - for commercial wind (Big Wind) projects in Massachusetts. It envisions at least 150 3.5-megawatt turbines, Cape Wind-style, at build-out. And investigation into additional wind development in federal waters, beyond, proceeds apace, according to the plan.

The 2008 Ocean Act - unlike its Ocean Plan - is a fait accompli. Pointedly, it already provides for final state review of Martha's Vineyard Commission (MVC) siting decisions on Big Wind in state waters off Martha's Vineyard. Reviews would be by the state's Energy Facility Siting Board.

The state now proposes to upgrade the siting board's review authority over land-based Big Wind projects to match authority it already has over ocean-based ones.

The bottom line is that the Ocean Act and the Siting Reform Act are precedent-setting for the Martha's Vineyard Commission. Appeals/reviews of MVC decisions have always, heretofore, had to be argued, broadly, on the merits in the court system - not before a politically appointed administrative board.

Deadlines that affect Martha's Vineyard are piling up. The draft Ocean Plan becomes final by January 1 of next year. The Siting Reform Act is expected to pass by the end of this year. A taste of what's in store occurred this spring when the current state Siting Board ruled 7-0 to trump Cape Cod Commission action (or, some would say, "inaction") regarding Cape Wind and to support its application for permission to interconnect to the grid, on the Cape. The state board fast-tracked the process, issuing a so-called composite permit, covering everything Cape Wind needed at the municipal, regional, and state level. Final federal approval is pending.

There is reason to believe that direct talks with the state on wind energy siting and on Martha's Vineyard Commission jurisdiction could lead to the following improvements in the situation:

1. Proposed Energy Facility Siting Reform Act. The proposed Energy Facility Siting Reform Act should be revised to require that state siting standards for land-based Big Wind be consistent with the Martha's Vineyard Commission's enabling legislation (Chapter 831). This would effectively remove Vineyard Big Wind from the by right category and put it into the special permit category.

Siting standards for Big Wind are where the debate will center. The draft Siting Reform Act's siting standard for Big Wind aims to be based in science and fact - that is, quantifiable. Which is fine... as far as that goes. But making the standards consistent with Chapter 831, however, would now require consideration of impacts on Martha's Vineyard's economy, globally rare habitats, and historic vistas, some of which are not entirely quantifiable subjects.

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