LPDD Model Law: State Law Expediting the Siting of Utility-Scale Renewable Energy Generating Systems

This model state legislation aims to expedite and institutionalize uniform processes for siting facilities for generating, transporting and storing renewable energy. The model statute has two parallel goals:  (1) providing a state-wide authority with procedures for rapidly siting utility-scale renewable generation facilities, and (2) maintaining local authority within reasonable bounds for siting of any other renewable generation facilities. This comprehensive statutory approach is designed both for states having (relatively) highly developed decarbonization statutory regimes and those without them, and carefully allocates authority between states and localities, while also establishing judicial review procedures.

The model statute is primarily intended to create a state-wide authority (or otherwise restructure an existing authority) that has the authority to make rapid siting decisions. The model statute refers to this entity as the Renewable Energy Siting Board (the “Board”).  There are three primary functions of the Board contemplated by the model statute. First, and most obviously, the Board is empowered to review siting applications for all renewable energy generation and storage facilities generating above a certain threshold of generation (specifically, 25 megawatts). Second, the model statute requires the Board to (also within a brief timeline) designate so-called “Priority Areas” for the development of renewable generation facilities.  Finally, the Board has the authority to identify new sources of renewable energy that may be subject to the statute.

The model statute also contemplates continued meaningful involvement by the relevant local governments.  There are two primary ways in which the model statute is intended to pursue this goal. First, jurisdiction over siting decisions is divided between the Board and local authorities. Local authorities maintain authority primarily through a basic division between “utility scale” and “non-utility scale” generation facilities.  Second, the model statute is intended to standardize local decision-making, while maintaining local discretion.  This is true in both the procedural and substantive aspects of local decision-making.

This model law and accompanying memorandum were drafted by Daniel Loud and Daniel Mach. Peer review was provided by Craig Gannett of Davis Wright Tremaine.