Falmouth Wind Turbines Out of Town Control

Falmouth Wind Turbines In Legal Limbo

2007 Massachusetts State Law Lacks Authorization To Operate Turbines Outside of Municipality of Falmouth

In June of 2017, the Massachusetts courts shut down both town-owned Vestas V-82 type 1.65 megawatt wind turbines. The Falmouth Board of Selectmen voted in January of 2018 not to appeal the Massachusetts Appeals Court decision affirming the ordering shutdown of the town’s two massive nuisance wind turbines.

The Town of Falmouth Board of Selectmen is seeking letters of interest for a wind turbine project host agreement. Currently, there is no state legislation that allows the Town of Falmouth to share its turbines in another municipality or go into the wind turbine power production business with public or private property owners.

Falmouth is asking public or private entities with sufficient land, wind resource and electrical interconnection capacity to host one or both of the Town's two large-scale wind turbines for the mutual benefit of both parties.

Massachusetts outside legal counsel has advised that Wind II is subject to specific provisions of the American Recovery and Reinvestment Act of 2009 and applicable federal regulations and guidelines ("Federal Law') in addition to the terms and conditions of the Project Regulatory Agreement ("PRA") and the Loan Agreement brokered by the Massachusetts Department of Environmental Protection.

Also in associated with the funding of Wind II, Under Federal Law and the PRA and Loan Agreement, the Town must maintain Wind II as an "energy efficiency" project, as 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.

Falmouth still owes the balance of a 5 million dollar US EPA approved ARRA loan. Falmouth further has no municipally-owned electric company and does not generate power to its town homes and businesses.

The Falmouth wind turbine leasing would require special legislation that would affect other town-owned wind turbines such as Princeton and Templeton, Massachusetts who have their own municipal power plants

2007 Massachusetts Law Authorizing Town of Falmouth to install and finance wind turbines:

• Session Laws
• Acts (2007)

Chapter 200

AN ACT AUTHORIZING THE TOWN OF FALMOUTH TO INSTALL, FINANCE AND OPERATE WIND ENERGY FACILITIES.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. Notwithstanding any general or special law to the contrary, the town of Falmouth may design and install wind energy facilities at its wastewater treatment facility at Blacksmith Shop road in the town.

SECTION 2. The town of Falmouth may issue, from time to time, bonds or notes in order to finance all or a portion of the costs of the wind energy facilities project authorized in section 1.

SECTION 3. Notwithstanding any general or special law to the contrary, the town of Falmouth may operate wind energy facilities installed pursuant to section 1, sell the electricity generated from such facilities and sell any other marketable products resulting from the generation of wind energy at such facilities or from the generation of any type of renewable energy at any renewable energy facility which the town is authorized to operate.

SECTION 4. The town of Falmouth shall procure the services required for the design, installation, improvement, repair and operation of the wind energy facilities authorized in this act and any equipment necessary in connection therewith, in accordance with the procurement requirements of chapter 30B of the General Laws.

SECTION 5. The town of Falmouth may establish an enterprise fund pursuant to section 53F1/2 of chapter 44 of the General Laws for the receipt of all revenues from the operation of the wind energy facilities authorized in this act and from any other renewable energy-producing facilities which the town is authorized to operate and all moneys received for the benefit of the wind energy facilities and any other renewable energy facilities, other than the proceeds of bonds or notes issued therefor. Such receipts shall be used to pay the costs of operation and maintenance of the wind energy facilities and any such other renewable energy facilities, to pay the costs of future improvements and repairs thereto and to pay the principal and interest on any bonds or notes issued therefor.

SECTION 6. This act shall take effect upon its passage.
The above is truncated click on the link to read the entire 2007 Massachusetts legislation:

Approved November 29, 2007.

https://malegislature.gov/Laws/SessionLaws/Acts/2007/Chapter200

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JONATHAN WIGGS/GLOBE STAFF

“It’s a shame,” said Susan Moran, chair of the town’s board of selectmen, who initially supported the turbines but voted to take them down. “This is absolutely a financial blow to the town.” https://rclutz.wordpress.com/tag/renewable-energy/page/2/

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State of Town of Falmouth Wind Turbine Update February ,2018