New Wind Power Legislation in Virginia, Ohio, South Dakota

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Virginia Governor Bob McDonnell signed into law several bills that promote the development of an offshore wind industry in the state.

The bills were part of the legislative package promoted by the Virginia Offshore Wind Coalition (VOW), a stakeholder organization formed in 2009 by localities, manufacturers, utilities, developers and supply chain members. The legislation passed unanimously in the state Senate and House.

Senate Bill 577 creates the Virginia Offshore Wind Development Authority. Made up of 11 appointed members, including representation from the Navy and Virginia Commercial Space Flight, the new Authority would be a State entity, responsible for facilitating the development of the offshore wind industry in Virginia.

It would have the ability to create public-private partnerships to assist with meteorological, marine and avian data collection, as well as infrastructure upgrades to ports and other facilities. The Authority will be responsible for ensuring that the development of offshore wind projects does not interfere with Naval operations, NASA-Wallops Flight Facility operations, shipping lanes, recreational and commercial fisheries, and avian and marine species and habitats.

House Bill 1022 increases the credit for offshore wind energy towards the state’s Renewable Portfolio Standard goal. Prior to passage of this legislation, all wind and solar credits were worth double the amount of other renewables. With the signing of this bill today, offshore wind is now worth three times the standard amount.

Ohio Senator Introduces Offshore Wind Legislation

US Senator Sherrod Brown (D-Ohio) introduced legislation that would advance the installation of offshore wind turbines in freshwater bodies such as Lake Erie.

Brown’s new legislation, the Program for Offshore Wind Energy Research and Development (POWERED) Act of 2010, would spur research on potential offshore wind projects, expand incentives for offshore wind development and require the Department of Energy to develop a comprehensive road map for the deployment of offshore wind.

Brown’s POWERED Act would expand incentives for offshore wind development by increasing the allowance of renewable energy tax credits for offshore wind under a national renewable electricity standard. This provision is aimed at addressing the higher up-front capital costs of developing offshore wind resources, as well as the strength of wind resources found offshore.

In addition, Gov. Ted Strickland, D-Ohio, has called on the Ohio Legislature to eliminate the tangible personal property tax on wind- and solar-generation equipment. The state has also mapped Lake Erie into square-mile grids and color-coded them to identify the best places for turbines. The map is being regularly updated and is now adding information about the make-up of the lakebed.

South Dakota Overides Veto of Wind Legislation

Minnesota lawmakers last week voted to override Republican Governor Mike Rounds’ veto of a bill that modifies the state’s tax refund program for wind farm development. 

As a result, the new law will extend special tax refunds to wind power construction projects that cost more than $500 million. 

The governor and lawmakers worked together on previous legislation that reduced tax rebates across the board for large industrial construction projects. In an effort to keep more money in the state treasury, projects less than $10 million and more than $500 million would not be eligible for tax rebates ranging from 45% to 55%. But lawmakers did not want to place this restriction on large wind power projects. 

The Governor argued unsuccessfully that wind power should not receive special consideration.

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