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Statewide guidelines to reduce the number of birds and bats killed by wind turbines could lead to a raft of litigation by wind project foes, wind energy developers told the California Energy Commission April 16. "These are voluntary guidelines but they're going to get cited in courts as the standards. That's why it's so very important that we get it right," said Annie Mudge, an attorney representing the California Wind Energy Association. CEC biologists stressed that the guidelines are intended to promote wind energy development in California to help meet the state's renewable energy goal while minimizing impacts on raptors, songbirds, and bats. The guidelines provide wind developers with detailed guidance for compliance with the California Environmental Quality Act and federal, state, and local wildlife protection laws. If followed, the guidelines should expedite approval of permits for new and repowered wind projects and ensure regulatory certainty for wind energy developers, commission staff stressed. "One of the hopes is to help wind developers and counties know what they're supposed to do to make the process go more smoothly," explained John Matthias, CEC staff biologist. "It's basically trying to point out all the different issues people should look at to site wind farms." The guidelines recommend establishing a statewide scientific committee to provide expertise to city and county agencies in siting and permitting decisions for both new and repowered wind energy projects. Several wind developers and environmental groups recommended adopting a multitrack approach to project approval. They also urged that site monitoring be based on the degree of risk. For example, wind projects should be promoted and fast-tracked in areas with low or no likely avian impacts on par with small cogeneration and natural gas pipeline projects found exempt from the California Environmental Quality Act, Mudge said. There also should be an expedited approval process for small, infill, and repowering wind projects. Conversely, some areas at high risk for wildlife collisions with wind turbines should be off limits to any wind energy development, said Julia Levin of the California Audubon Society. "We want to see new wind development go up quickly and more efficiently." Early consultation is essential because wind developers make siting decisions very early in the process. By the time they apply for a permit, they have invested too much time and money to change locations, she said. Under CEQA, counties have authority to adopt different approaches in siting projects, said Michelle Conway of Oak Creek Energy Systems. "The best way to protect birds and bats is to give local agencies the lead to respond to local conditions rather than force-feeding them procedures that may not be appropriate," she said. For example, Oak Creek spent $20,000 per mile to monitor the Mojave ground squirrel in the Tehachapi wind area but has yet to find a single squirrel, she said. The commission plans to adopt the revised guidelines that were developed in collaboration with the California Department of Fish and Game in August.

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