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Green Energy Corruption 2020 Massachusetts SRF
Falmouth Massachusetts ARRA 5 Million Wind II Turbine Loan Due
The Town of Falmouth constructed two foreign made Vestas V-82 megawatt wind turbines at its Wastewater Treatment Plant after the refusal of General Electric to place one wind turbine due to residential setbacks.
The federal American Recovery and Reinvestment Act (ARRA), Green Project Reserve of 2009, through the Massachusetts State Revolving Fund, SRF, provided funding for a wide variety of qualifying projects in the categories of specific green infrastructure which included the Falmouth Massachusetts Wastewater Treatment Plant.
Falmouth Town Meeting at a special June 2009 meeting agreed to accept 5 million dollars in federal ARRA funds that had been deposited in the Massachusetts State Revolving Fund for specific Green Energy projects of which was the funding of the Town of Falmouth second wind turbine called Wind II.
Find out what's happening in Falmouthfor free with the latest updates from Patch.
The ARRA funds allocated to Falmouth in the Massachusetts State Revolving Fund can only be used for Green Energy projects within the state.
The Massachusetts Executive Office of Energy & Environmental Affairs (EOEEA) and Massachusetts Department of Environmental Protection (MassDEP) in 2007 initiated the pilot program for wastewater treatment plants.
Find out what's happening in Falmouthfor free with the latest updates from Patch.
The pilot program brought together state and federal agencies, including the federal Environmental Protection Agency, and other partners to share resources and expertise in achieving the program's energy goals.
The program by 2009 became known as the Massachusetts Energy Management Pilot for Drinking Water and Wastewater Treatment Facilities.
MassDEP was joined by the following strategic partners:
1. U.S. Environmental Protection Agency(EPA Region 1) ( EPA provided the ENVIRONMENTAL PROTECTION AGENCY [FRL–9142–5] Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Town of Falmouth, MA )
2.Massachusetts Department of Energy Resources (MA DOER)
3. University of Massachusetts-Amherst (U Mass)
4. Massachusetts Renewable Energy Trust
By 2009 the Massachusetts Department of Environmental Protection in collaboration with the Office of Wastewater Management and federal EPA Region 1 brokered the Project Regulatory Agreement between the Massachusetts Clean Water Trust and the Town of Falmouth to use 5 million in green energy reserves to build the town second wind turbine Falmouth Wind II. The condition requires Falmouth Wind II to remain energy efficient or pay back the loan.
The Town of Falmouth never divulged they had been warned by the manufacturer the turbines generate 110 decibels and never filed Special Permits as stated in the federal EPA waiver to use the ARRA funds to purchase a foreign-made turbine after General Electric a domestic turbine company refused due to residential setbacks.
Both Falmouth turbines were curtailed up until June of 2017 when the Massachusetts courts shut down both nuisance wind turbines forever. The Falmouth Select Board voted not to appeal the ruling.
By 2013 outside legal counsel warned the Massachusetts Clean Water Trust that Wind II is subject to specific provisions of ARRA and applicable federal regulations and guidelines ("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 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. Under federal regulations governing the Trust's ARRA grant at 40 CRF Part 31.30(d)(l).
By June 21, 2017 due to the court shut down of the Falmouth turbines at a meeting of the Massachusetts Clean Water Trust Board of Trustees a vote was taken on the 5 million Green Energy Project Reserve funds derived from the American Recovery and Reinvestment Act regulated by federal regulations.
Ms. Susan Perez Executive Director of the Massachusetts Clean Water Trust reported in June of 2017 to the Mass Clean Water Trust Executive Board on the situation in Falmouth. The Barnstable Superior Court handed down a decision that stopped the operation of both Wind I and Wind II.
The Trust notified the Town in April of 2013 that if the Trust financed Wind II turbine ceased operating as an energy-efficient project the Town would not be given principal forgiveness on the $4,865,000 original principal amount of its loan.
The Mass Clean Water Trust Board agreed in June of 2017 that the loan cannot be forgiven.
The Falmouth wind turbines have not operated since June of 2017 and are no longer energy efficient. The loan is long overdue.
To date, the Town of Falmouth continues to make monthly payments on the remainder of the 5 million dollar ARRA loan. This is not the MassDEP Project Regulatory Agreement agreed to by the Town of Falmouth.
In 2007 there was Massachusetts legislation that allowed the Town of Falmouth to build and finance wind turbines.
The Falmouth Select Board voted in January 2019 to move the nuisance turbines out of town as there are no adequate setbacks or issue a Request for Proposal. There is no RFP.
Despite Falmouth Town Meeting voting 2.5 million to move the turbines, there is no legislation to allow the town to move and operate the turbines with a public or private partner.
The project regulatory agreement was very specific that if the Falmouth Wind II turbine is no longer energy efficient the remainder of the loan goes back to the State Revolving Fund to be redistributed to other Green Energy projects around the state. That is one of the main purposes of the Massachusetts State Revolving Fund.
The funds should not be used to balance the finances of the Town of Falmouth. Allowing Falmouth to not repay the loan deprives other towns of green energy funds and the opportunity to reduce the carbon footprint.
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