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Overcoming Local Permitting Opposition

MCLI Recommendation: “Congress or states may wish to adopt preemptive or guiding regulations to govern the types of permitting processes localities may impose on renewable energy projects.”

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26 resources

Example States and State Governments

Michigan Legislation Consolidating Permitting Authority

Michigan’s HB 5120 would shift some power over clean-energy project siting and permitting from local government entities to the Michigan Public Service Commission. The bill would give the commission p...
Resource Congress

Energy Policy Act of 2005

The Energy Policy Act of 2005 provides a useful model for how Congress or states might overcome local governments obstructing the development of renewable energy facilities. Its provisions on the siti...
Example States and State Governments

Pennsylvania’s Permit Fast Track Executive Order

Pennsylvania’s Executive Order 2024-04 launched the Pennsylvania Permit Fast Track Program, which aims to offer a more unified permitting process across state agencies for complex energy, infrastructu...
Example States and State Governments

Washington State Siting Council

Approval by Washington’s state siting council explicitly “preempts the regulation and certification of the location, construction, and operational conditions of certification of the energy facilities”...
Example States and State Governments

California’s Law Superseding Local Permitting Obstacles for Renewable Energy Projects (AB 205, 2022)

California’s AB 205 (2022), among other provisions, establishes a new permitting procedure that supersedes local approvals for large renewable energy projects, which runs through the State Energy Comm...
Example States and State Governments

Washington Energy Facility Site Evaluation Council

Washington. In Washington, the Energy Facility Site Evaluation Council has jurisdiction over all wind projects regardless of size. The local government (county and city) for a proposed project has a v...
Resource Congress

Telecommunications Act of 1996

The Telecommunications Act of 1996 provides a useful model for how Congress or states might overcome local governments obstructing the development of renewable energy facilities. It imposed constraint...
Example States and State Governments

New Jersey law promoting wind variances

State law makes it easier for wind project proponents to get variances from local zoning ordinances by nominating wind generation as an “inherently beneficial use.” This means that the variance will g...
Example States and State Governments

Wisconsin Public Service Commission

In Wisconsin, the Public Service Commission has exclusive jurisdiction over the siting of large electric generating facilities with nominal capacities over 100 MW. State certification preempts local r...
Example States and State Governments

Oregon’s Bill Bypassing Local Permitting for Batteries

Among states seeking ways to consolidate permitting authority for energy infrastructure in the face of difficult local approval processes, Oregon passed a law in March 2024 allowing battery developers...
Example States and State Governments

Maryland EO on Streamlining Permitting

In December 2024, Maryland’s governor signed an Executive Order establishing the Maryland Coordinated Permitting Review Council to facilitate interagency coordination and streamline permitting and env...
Example States and State Governments

Massachusetts’ Clean Energy Grid Legislation

Massachusetts’ S.2967, An Act Promoting a Clean Energy Grid, Advancing Equity, and Protecting Ratepayers, reforms the siting and permitting of clean energy facilities, as well as the gas distribution ...
Resource States and State Governments

Minnesota Energy Infrastructure Permitting Act

The Minnesota Energy Infrastructure Permitting Act, signed in May 2024, consolidates and reforms Minnesota’s review and permitting process for energy generation, storage, and transmission projects. Br...
Example States and State Governments

New York’s Accelerated Renewable Energy Growth and Community Benefits Act

New York’s Accelerated Renewable Energy Growth and Community Benefits Act, passed as part of the State’s 2021 Budget, establishes an Office of Renewable Energy Siting, which will consolidate the envir...
Resource Local Governments

ELI report, State Enabling Legislation for Commercial-Scale Wind Power Siting and the Local Government Role

The Environmental Law Institute’s 2011 report, State Enabling Legislation for Commercial-Scale Wind Power Siting and the Local Government Role, addresses state and local responsibilities for siting wi...
Example States and State Governments

Illinois Ban on Local Renewable Bans

In January 2023, the Illinois Legislature passed H.B. 4412, setting requirements for utility-scale wind and solar projects, and barring local governments from having any rules that are more restrictiv...
Example States and State Governments

New York’s Article X

New York’s Article 10 of the Public Service Law gives the state’s “Siting Board considerable authority to override local laws that are ‘unreasonably burdensome,’ though that phrase has not yet been co...
Resource States and State Governments

Washington State’s Permitting Expedition Legislation

In May 2023, Washington State passed a law overhauling the permitting process for renewable energy projects. House Bill 1216 is intended to provide for up-front planning, early community and tribal in...
Example States and State Governments

Nevada’s enabling legislation for local planning authorities

Nevada’s enabling legislation for local planning authorities has special provisions to protect small wind projects. “Zoning regulations must be adopted in accordance with the master plan for land use ...
Model Law States and State Governments

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...
Example States and State Governments

Illinois Law restricting county-level siting restrictions over windpower

In May 2022, Illinois adopted siting legislation for commercial wind facilities that prevents counties from placing restrictions on the installation or use of a commercial wind energy facility, or fro...
Example States and State Governments

Oregon Energy Facility Siting Council

The Oregon Energy Facility Siting Council is the one-stop forum that determines compliance with state standards for renewable electric power plants with an average electric generating capacity of thir...
Example States and State Governments

Connecticut Siting Council

Approval by the Connecticut Siting Council does not automatically preempt local siting regulation, but there are statutory deadlines for local decision making and any aggrieved party may appeal a loca...
Example States and State Governments

Ohio Power Siting Board

The Ohio Power Siting Board has exclusive jurisdiction over the siting of all wind energy facilities over 5 MW. Clear statutory language preempts local ordinances from regulating the siting, construct...
Example States and State Governments

Virginia guidelines for local renewable energy ordinances

In March 2011, the Virginia legislature enacted broad guidelines for local ordinances for solar and wind, requiring that they must: be consistent with the Commonwealth Energy Policy; provide reasonabl...
Example States and State Governments

New Hampshire Site Evaluation Committee

New Hampshire’s site evaluation committee is responsible for certifying wind energy facilities with capacities over 30 MW. The committee must find that the facility “will not unduly interfere with the...