Currently, such projects come before the Vermont Public Service Board, which notifies towns that an application has been received but is not statutorily bound to hold a public hearing on any given project. Alternative energy projects that feed into the existing electrical grid, under Section 248, are approved only by the Public Service Board (PSB).
Section 248 also gives the board the ability to waive several, any, or all of the Section 248 review criteria that the PSB is to consider when granting projects a certificate of public good. These criteria are considered similar to the 10 review criteria used in the Act 250 permitting process. So, there are review criteria, but they are optional, sort of.
Alternative energy is the only type of development in Vermont that gets a bye on public and municipal participation in the review process. Why should that be? All other types of development in Vermont are carefully, thoroughly and generally very fairly reviewed and permitted by Vermont's Act 250 regulations.
Want to build a quarry? Your project will get reviewed six ways from Sunday and take many, many years to get through - if it does get permitted at all. Want to build a snowmaking project, extracting water from the river? Your project will get reviewed for several years and everyone and their brother will get to participate, comment and influence the process. Want to create a subdivision greater than 10 lots? Notify your neighbors and belly up to the Act 250 tables because all aspects of your project and its impacts on your neighbors are up for consideration - and your stormwater runoff, too!
What's missing in the PSB review process for alternative energy projects is a codified requirement that local regulations - zoning ordinances in particular and in addition to Town Plans - be considered by the board before permits are issued. What is missing is a requirement to hold public hearings and to legally warn those hearings and to notify abutters.
Putting the public back into the Public Service Board review of alternative energy projects needs to be a top priority in Montpelier now and in January.
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