Falmouth Wind Turbines Predicted Abandonment 3 More Yrs

Since the installations of the wind turbines in 2010 and 2012 Falmouth public officials have demonstrated, time and again, in both word and deed, that their solution, and the Town of Falmouth’s solution, is nothing more than to deny the extent of the problem, express moderate sympathy — and do nothing but appeal every piece of litigation trying to outspend the wind victims in court.

In addition to ignoring the health and safety of its own residents, the town still owes the balance of a 5 million federal American Recovery and Reinvestment Act loan back to the Massachusetts State Revolving Fund. The funds are due plus 2 percent interest because Falmouth Wind II since 2017 is no longer producing green energy.

The SRF regulations demand to redistribute the money to other green energy projects but apparently its only green if used for Falmouth local town business. So how green is the state allowing Falmouth to use the loan to run the day to day affairs of the town when the money could go back to finance solar projects or other green initiatives? Something very wrong here with the Massachusetts green agenda and the Massachusetts Clean Water Trust ignoring the 5 million ARRA loan contracts with the federal EPA.

The town and its hawkish Administration, for years continued to shirk their responsibility to the town’s residents of up to 200 residents around the wind turbines. The Town is the owner and the operator of the wind turbine and the perpetrator of the nuisance. Local and state politicians sacrificed a significant number of residents as mere “collateral damage.” This is inexcusable.

In June of 2017 after as many as eleven wind turbine lawsuits and numerous appeals to the litigation and millions of dollars in litigation fees on both sides, the courts shut down both the Falmouth wind turbines in June of 2017.

The "Friends of Falmouth Wind" is a local group made up of politicians, doctors, media personnel, and local residents who filed an appeal to the June 2017 shut of both nuisance wind turbines by the courts. The group in its appeal cited the 2007 Massachusetts legislation that was approved to build and finance by loans, grants, bonds, or any other means possible.

The appeal which failed in November of 2018 exposed the 2007 Massachusetts legislation along with the restrictions.

The Falmouth Select Board hoped to find a location outside of town to place the two nuisance wind turbines installed without permits.

The 2007 state legislation does not allow 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.

In 2013 Massachusetts outside legal counsel has advised that Wind II is subject to specific provisions of the 5 million loan on Falmouth Wind II the second town-owned wind turbine through the American Recovery and Reinvestment Act of 2009 and applicable federal regulations and guidelines ("Federal Law")

The town also 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 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.

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

Link to legislation: Approved on November 29, 2007.

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