Comments on ERO # 013-4265…

Comments on ERO # 013-4265
New regulation under the Planning Act to prescribe transitional provisions for the proposed Green Energy Repeal Act, 2018 (Bill 34) https://ero.ontario.ca/notice/013-4265
Submitted on January 17, 2019

PROPOSAL DETAILS as posted in the ERO:
“The Ministry of Municipal Affairs and Housing is proposing a regulation to address transition issues related to the restoration of municipal planning authority resulting from the Planning Act amendments under the proposed Green Energy Repeal Act, 2018. The proposed regulation would establish the transition rules for existing and in-process renewable energy undertakings which may not comply with municipal planning documents. The proposed regulation would provide that, despite its repeal, section 62.0.2 of the Planning Act would continue to apply to specified renewable energy undertakings, or in specified circumstances.”

This proposal defines and effectively removes existing projects, or projects already awarded a contract, from the requirement to comply with the proposals contained in ERO 013-4040: Amending the Renewable Energy Approvals Regulation to help restore municipal authority municipal by-laws.

DISCUSSION ITEM 1:
While the proposed transition rules would allow existing projects to operate without compliance with municipal by-laws, this should not be interpreted as permission to ignore all other conditions in their contracts.

As I expressed in my commentary regarding ERO 013-3800, the terms and conditions in the current REA’s require that the project owners investigate and mitigate problems, including noise. Measuring noise levels obtained under specific wind speed, wind direction and turbine output, then declaring the project is in compliance, is NOT mitigation.

RECOMMENDATIONS SPECIFIC TO ITEM 1:
Problems with existing turbines and projects also need to be addressed by aggressive enforcement of current approvals and regulations by the Ministry of the Environment, Conservation and Parks.

DISCUSSION ITEM 2:
Municipal by-laws would only apply to geographic expansion of projects under this proposal. Changes to existing sites for approved projects continue to be exempt from municipal by-laws unless identified and covered under ERO 013-4040: Restoring Municipal Planning Authority. https://ero.ontario.ca/notice/013-4040

RECOMMENDATIONS SPECIFIC TO ITEM 2:
2.1 Language in the final version of the regulations should be aligned with language arising from ERO proposal 013-4040, and explicitly state that these transitional provisions apply only to the existing and in-process projects in their present configurations.

2.2 “Operational projects” should be explicitly defined as the specific properties containing existing turbines and transformer substations.

2.3 Pre-existing lease options on properties that do not contain any project infrastructure are speculative and should not be included in the definition, or geographical boundary, of an existing, operational or approved project.

2.4 Any proposed expansion onto properties, including those with a pre-existing lease option, should be subject to municipal zoning by-laws.

2.5 Municipal zoning by-laws should apply to any replacement of turbines or major project components that are a departure from the originals. For example, the replacement of a 2 MW turbine with a 4.0 MW turbine, or expansion of a transformer substation onto an adjacent property, should be subject to current municipal by-laws. This would be in addition to a demonstrated need for the increased output and any other current ministry regulations.