Bill Text: DE SJR5 | 2023-2024 | 152nd General Assembly | Draft
Bill Title: Requiring The Delaware Department Of Natural Resources And Environmental Control To Create A Pre-construction Decommissioning Bond For Wind Turbine Components In Maryland.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced) 2024-02-29 - Introduced and Assigned to Environment, Energy & Transportation Committee in Senate [SJR5 Detail]
Download: Delaware-2023-SJR5-Draft.html
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SPONSOR: |
Sen. Hocker & Rep. Gray |
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Sens. Buckson, Lawson, Pettyjohn, Wilson; Reps. Collins, Hilovsky |
DELAWARE STATE SENATE
152nd GENERAL ASSEMBLY
SENATE JOINT RESOLUTION NO. 5
REQUIRING THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO CREATE A PRE-CONSTRUCTION DECOMMISSIONING BOND FOR WIND TURBINE COMPONENTS IN MARYLAND.
WHEREAS, Delaware has committed to generating 40% of its electricity from renewable energy sources, such as, wind and solar power by 2035; and
WHEREAS, the Department of Natural Resources & Environmental Control (DNREC) has recommended legislation requiring procurement of offshore wind power by Delaware Utilities; and
WHEREAS, the Delaware Tourism Bureau reports that Sussex County tourism, primarily based on our pristine, world class beaches, added $2.7 billion to the Delaware economy in 2021 supporting over 20,000 jobs, $800 million in wages, and raised $270 million in taxes; and
WHEREAS, the Coastal Zone Act purpose is stated in § 7001 as, “ It is hereby determined that the coastal areas of Delaware are the most critical areas for the future of the State in terms of the quality of life in the State. It is therefore, the declared public policy of the state to control the location, extent and type of industrial development in Delaware coastal areas. In so doing, the State can better protect the natural environment of its bays and coastal areas and safeguard their use primarily for recreation and tourism”; and
WHEREAS, DNREC is processing a permit request from a developer to bring offshore wind power cables ashore in Delaware Seashore State Park covered by the Coastal Zone Act; and
WHEREAS, the permitting process is the only point of leverage Delaware has to ensure offshore wind projects approved by the State of Maryland to be built in federal waters include maximum protection for Delaware’s critical beach community; and
WHEREAS, a survey of recent beach home renters conducted by North Carolina State University found 55% of renters would not return to a beach with visible nighttime aircraft warning flashing red lights from offshore wind turbines. Nighttime lighting can be mitigated by Aircraft Detection Lighting Systems (ADLS) that developers routinely commit to in their Construction & Operation plans; and
WHEREAS, there is no experience globally as to the durability of wind turbines up to triple the size of existing turbine projects planned off the Delaware coast. Failed turbines would be unsightly and may pose hazards to vessels. Offshore wind developers currently commit to post a bond for decommissioning expenses prior to construction, as is common in all power generation construction projects including utility scale solar and nuclear projects; and
WHEREAS, landfill of decommissioned turbine components should be in Maryland for Maryland approved projects; and
WHEREAS, the US Bureau of Ocean Energy Management (BOEM) approves offshore wind Construction & Operations plans, and is the soul enforcer project commitments are met. However, after approval of the Vineyard Wind project off Nantucket, BOEM approved a developer’s petition to delay posting the decommissioning bond for 15 years after operations start and is developing a plan to extend such delays to all offshore wind projects. A promised ADLS is not being deployed on the project.
BE IT RESOLVED by the Senate of the 152 nd General Assembly of the State of Delaware, the House of Representatives concurring therein, with the approval of the Governor, that the Delaware Department of Natural Resources and Environmental Control require irrevocable pre-construction decommissioning bond be posted, developers commit to landfilling decommissioned turbine components in Maryland, and Aircraft Detection Lighting Systems be deployed for any offshore wind project with power transmission lines coming ashore in Delaware’s Coastal Zone as a condition of permit approval.
BE IT FURTHER RESOLVED that any permit issued without these terms will be automatically null and void.
SYNOPSIS
This Senate Joint Resolution asks the Delaware Department of Natural Resources and Environmental Control to require irrevocable pre-construction decommissioning bonds be posted, developers commit to landfilling decommissioned turbine components in Maryland, and Aircraft Detection Lighting Systems be deployed for any offshore wind project with power transmission lines coming ashore in Delaware’s Coastal Zone as a condition of permit approval. Any permit issued without these terms will be automatically null and void.
Author: Senator Hocker
