Massachusetts Clean Water Trust Falmouth Turbine Audit Needed

The Massachusetts court system shut down both 110 decibel Falmouth nuisance wind turbines June 2017. The turbines have failed to be "energy efficient" for almost two years

ARRA --American Recovery and Reinvestment Act of 2009 Terms and Conditions May 2009.

American Recovery and Reinvestment Act funds cannot be used if they create "a substantial and specific danger to public health or safety related to the implementation or use of covered funds."

Massachusetts officials have been warned and advised by outside legal counsel 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") 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, 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)

The Town of Falmouth is obligated to deliver RECs to the Massachusetts Clean Energy Center as part of the Standard Financial Offer under the Community Wind Program, in which the Town is a participant.

The contract stipulates that the turbine output not fall below 30% of the forecasted production.

The Massachusetts Department of Environmental Protection has indicated that the Wind II project funding, which was administered by the DEP under the State Revolving Funds (SRF) program with 100% forgiveness of both principal and interest (i.e. ARRA Grant), would revert to the standard 2% loan, if the wind turbine was not used for generating electricity as the Town intended and represented in the application for funding.

In the event that the project ceases to function as an energy efficient project, the Massachusetts Clean Water Trust will amend Schedule C to reinstate the Town's obligation to pay principal and interest on the Loan and take such other actions as it deems necessary or appropriate to ensure compliance with Federal Law, the PRA, and the Loan Agreement.