Energy siting blog post

_posts/2024/2024-05-13-lessons-from-the-tca-for-green-energy-siting.md

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+---
+id:  lessons-from-the-tca-for-green-energy-siting
+title: Lessons from the TCA for Green Energy Siting
+date: 2024-05-13
+author: k3jph
+layout: post
+permalink: /2024/05/13/lessons-from-the-tca-for-green-energy-siting
+featured_image: /assets/img/2024/lessons-from-the-tca-for-green-energy-siting.webp
+categories:
+- Blog 
+tags:
+- environmental policy
+- Federal policy
+- zoning
+---
+
+As the urgency to combat climate change grows, so does the need for
+a coherent approach to integrating renewable energy solutions into
+our urban landscapes. The challenge? Local regulations often stall
+the progress of vital green energy projects. By drawing lessons
+from the [Telecommunications Act of 1996
+(TCA)](https://www.fcc.gov/general/telecommunications-act-1996),
+we can explore the potential for federal legislation to streamline
+the implementation of renewable energy infrastructure, overcoming
+local hurdles that currently complicate this transition.
+
+## Understanding the Telecommunications Act of 1996
+
+The TCA was a pivotal piece of legislation aimed at overhauling the
+telecommunications industry in the United States. Its primary goal
+was to deregulate the sector, promote competition, and foster the
+rapid deployment of new and advanced technologies. This Act marked
+the first significant reform in American telecommunications law in
+more than sixty years, addressing the changes brought by the internet
+and digital communication.
+
+The TCA addressed several [crucial aspects of telecommunications
+regulation](https://wireless.fcc.gov/fact1.pdf):
+
+* [Local Authority and Federal
+Oversight](https://www2.stetson.edu/law-review/article/you-want-to-put-that-where-a-discussion-of-the-interplay-between-local-zoning-control-and-effective-prohibition-under-the-telecom-act-of-1996/):
+The Act preserves the authority of local governments over the
+placement, construction, and modification of cellular towers.
+However, it also sets significant limitations to prevent local
+jurisdictions from obstructing the national interest in expanding
+telecommunications services. Under the TCA, local authorities are
+prohibited from unreasonably discriminating among providers of
+functionally equivalent services. More critically, they cannot deny
+the provision of telecommunications services outright or create
+effects that amount to prohibitions.
+* Reasonable Decision Timelines: The TCA mandates that local decisions
+on siting applications for cellular towers be made within a reasonable
+period. This provision aims to avoid unnecessary delays that could
+hinder the deployment of telecommunications infrastructure. The
+definition of "reasonable period" has been the subject of various
+legal interpretations but generally aligns with the intent to
+expedite proceedings without sacrificing due diligence.
+* Substantial Evidence Requirement: Local governments must base
+their decisions regarding the siting of cellular towers on substantial
+evidence presented in a written record. This requirement is critical
+in ensuring that decisions are not arbitrary or capriciously made
+but are grounded in concrete, justifiable concerns about health,
+safety, and welfare.
+
+Implementing the TCA has facilitated a more standardized and
+predictable process for installing cellular towers across the
+country. By limiting the ability of local jurisdictions to block
+development based on non-substantial grounds, the Act has contributed
+to the expansion and robustness of the national telecommunications
+network, enhancing connectivity and service reliability.
+
+The structured approach of the [TCA in balancing local control with
+federal
+objectives](https://www.foxrothschild.com/publications/the-interaction-of-tca-local-zoning-ordinances-and-the-courts-defining-a-%E2%80%9Csignificant-gap%E2%80%9D-in-wireless-service)
+serves as a valuable model for addressing similar challenges in the
+renewable energy sector. Just as the TCA streamlined the deployment
+of telecommunications infrastructure, a similar legislative framework
+could standardize and expedite the implementation of renewable
+energy projects, overcoming local opposition that often stalls green
+initiatives.
+
+## Challenges Posed by Local Regulations on Green Energy Projects
+
+Renewable energy is increasingly recognized as essential for combating
+climate change and achieving sustainability goals. However, the
+implementation of green energy projects often encounters significant
+barriers at the local level, which can be as restrictive as those
+once faced by the telecommunications industry before the enactment
+of the TCA.
+
+Local jurisdictions frequently invoke a variety of concerns that
+can impede the development of renewable energy infrastructure:
+
+* Aesthetic Concerns: Many local communities resist renewable energy
+projects like wind farms and large solar arrays, citing the impact
+on the visual landscape. For instance, residents may oppose wind
+turbines that alter scenic vistas or solar panels that detract from
+the area's natural or traditional character.
+* Property Values: There is a common perception that large-scale
+renewable energy installations can lower nearby property values, a
+particularly potent concern in communities with high real estate
+prices.
+* Environmental and Wildlife Impacts: Although renewable energy
+generally benefits the environment, specific projects, especially
+large ones, can have localized negative impacts on wildlife, such
+as disrupting bird migration patterns with wind turbines or habitat
+disruption due to solar farm installations.
+
+These types of local opposition can lead to significant delays and
+even cancellations of crucial renewable energy projects, affecting
+broader efforts to transition away from fossil fuels and reduce
+greenhouse gas emissions.  These manifest in a variety of ways:
+
+Indeed, there are several other notable examples of opposition to
+renewable energy projects across different regions, each demonstrating
+unique local challenges:
+
+* The [San Gorgonio Pass Wind
+Farm](https://abcnews.go.com/WNT/story?id=3065474), California:
+While not as contentious as other projects, the San Gorgonio Pass
+Wind Farm in California has faced issues over the years related to
+noise complaints, visual impact, and concerns about the effects on
+local bird populations, particularly raptors. These factors have
+occasionally slowed expansion efforts and required developers to
+conduct extensive environmental impact assessments.
+* [Solar Farm Opposition in
+Virginia](https://storymaps.arcgis.com/stories/57df5d8d1aa04e04906ed6f699d6c600):
+In Spotsylvania County, Virginia, one of the largest proposed solar
+farms in the U.S. faced significant opposition from local residents.
+Concerns were primarily about the potential loss of agricultural
+land, environmental impacts, and the change it would bring to the
+area's rural character. The project also sparked debates over land
+use that could alternatively support agriculture or forestry.
+* [Wind Turbines on Lake
+Ontario](https://www.tradeonlytoday.com/columns-blogs/the-fight-to-keep-wind-turbines-out-of-the-great-lakes),
+New York: Plans to install wind turbines in Lake Ontario have met
+with resistance from local communities and some environmental groups.
+The opposition focuses on potential impacts on bird and bat
+populations, the visual impact on the lakeshore landscape, concerns
+about noise, and possible effects on property values.
+
+## Advocating for a TCA-Like Federal Law for Green Energy
+
+Given the clear parallels between the obstacles faced by
+telecommunications infrastructure and green energy projects, a
+federal law modeled on the TCA could potentially overcome local
+barriers to renewable energy deployment. Such legislation would not
+strip local governments of their regulatory powers but ensure that
+local opposition cannot unreasonably impede the national interest
+in expanding renewable energy capacity.  Key Features of Proposed
+Federal Legislation
+
+* Reasonable Time Frames: The law would require local governments
+to process applications for renewable energy projects within a
+specified reasonable period, preventing undue delays.  * Substantial
+Evidence Requirement: Local decisions to deny green energy projects
+should be required to be based on substantial evidence, documented
+in writing, that directly relates to health, safety, and welfare
+concerns.  * Non-Discrimination: The law should prohibit local
+governments from discriminating unreasonably against renewable
+energy projects compared to other land use or energy production
+projects, ensuring a level playing field.
+
+This approach would accelerate the deployment of renewable energy
+infrastructure across the United States, contributing to a more
+rapid reduction in carbon emissions and advancing energy independence.
+It would also provide more predictability and security for investors
+and developers, who must navigate a patchwork of local regulations
+varying significantly from one jurisdiction to another.
+
+By learning from the TCA's handling of telecommunications infrastructure,
+we can develop a federal framework that supports deploying renewable
+energy technologies while respecting legitimate local health, safety,
+and welfare concerns. Such legislation would not only help overcome
+the NIMBY (Not In My Backyard) syndrome but also ensure that local
+delays and denials do not thwart the national benefits of green
+energy.
+
+This path reflects a balanced approach to governance, where federal
+oversight facilitates essential national objectives, and local
+authorities maintain their crucial role in safeguarding the public's
+health and safety. As we move forward, the collaboration between
+federal and local levels of government will be pivotal in shaping
+a sustainable, resilient energy future for all.