Falmouth Wind Turbines ARRA Misuse of Funds

A Boston law firm hired by the Town of Falmouth has advised that the second town owned wind turbine Wind II is subject to specific provisions of ARRA and applicable federal regulations and guidelines under federal law

In addition to the terms and conditions of the Project Regulatory Agreement ("PRA") brokered by the Massachusetts Department of Environmental Protection and the Loan Agreement associated with the funding of Wind 11. Under Federal Law and the PRA and Loan Agreement, the Town must maintain Wind II as an "energy efficient" project.

The agreement is further described in EPA guidelines dated March 2, 2009, in order to benefit from the financial subsidy provided by the Trust under ARRA and the Trust's Clean Water State Revolving Fund program.

Under federal regulations governing the Trust's ARRA grant at 40 CRF Part 31.30(d)(l),

The 5 million loan plus interest must be paid back if the Falmouth Wind II turbine is shut down.

The turbines have no Special Permit 240-166 -

ARRA funds can not be used if the create "a substantial and specific danger to public health or safety related to the implementation or use of covered funds"

Between 2013 and 2017 the Massachusetts Courts have shut down both turbines. The Falmouth Select Board and Town Meeting have voted to spend 2.5 million to remove the turbines.

The balance due is 3.5 million plus interest.

Falmouth Experience - Wind Turbine -Reference Former Governor Deval Patrick in Video

•Mar 10, 2011