Who is siding with Shasta County to fight a revived wind farm project? - Record Searchlight

Who is siding with Shasta County to fight a revived wind farm project?

Shasta County's opposition to a revived Fountain Wind project gets a new ally
David Benda

Shasta County has gained an ally in its battle to stop a controversial wind farm that has new life thanks to a state law that took effect months after the Board of Supervisors turned down the renewable energy project.

The San Bernardino County Land Services Department in a Sept. 1 letter to California Energy Commission Executive Director Drew Bohan wrote that the CEC lacks the jurisdiction to consider an application for an energy project that the state, local, regional or federal agency, collectively acting as the local agency, has denied.

Any other interpretation “would create absurd results, invite manipulation, and directly conflict with the intent and processes of AB 205,” the San Bernardino County letter in part states.

Shasta County officials contend that after years of debate, planning and long public meetings, the Fountain Wind project planned for eastern Shasta County was resolved when supervisors rejected it nearly two years ago. And what the developer is attempting to do now is circumventing local control, with the help of the state.

Assembly Bill 205, which Gov. Gavin Newsom signed on June 30, 22022, established a new certification program through the CEC for eligible non-fossil-fuel powered plants of 50 megawatts or more and related facilities.

That means the state could overrule Shasta County and approve the Fountain Wind project, which supervisors voted down 4-1 on Oct. 26, 2021, after more than 10 hours of public comment.

In denying the appeal by the company, supervisors upheld a unanimous decision by the Shasta County Planning Commission to reject the use permit for the wind farm, which Texas-based ConnectGen — under the name Fountain Wind LLC — wants to build in the Round Mountain-Montgomery Creek area east of Redding.

Supporters of what ConnectGen is doing include California Unions for Reliable Energy, which argued in a letter sent last month to the CEC that Shasta County's interpretation of AB 205 "is contrary to the statue's plain language, inconsistent with the bill's legislative history and statutory scheme, and unsupported by caselaw."

The San Bernardino County Land Use Services Department in its letter to the CEC contends that under AB 205, the state still has to consult with local authorities prior to ruling on the project.

“Engaging in this consultation process for a previously denied Energy Project would be wasteful by consuming the time and resources of both the CEC and the Local Agency in order to re-evaluate matters already decided,” the letter says.

Mark Wardlaw, director of the San Bernardino County Land Use Services Department, did not immediately return a phone call seeking comment.

Chuck Bell, president of the Lucerne Valley Economic Development Association in San Bernardino County, said their region is a popular spot for large-scale solar projects. The county has a renewable energy conservation element in its general plan, which is a local process for assessing renewable energy projects.

“The state of California is usurping local control and it’s just got to stop,” Bell said of AB 205.

Shasta County Resource Management Director Paul Hellman said San Bernardino is the only county that he knows of that has come to Shasta County’s defense.

ConnectGen resubmitted its application to the CEC in early 2023.

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Hellman said this week that ConnectGen's application has not been deemed complete by the CEC.

The state has ruled that the application hasn’t adequately addressed, among other things, the impact the wind farm and its turbines would have on wildfire.

A CEC spokesperson did not immediately return an email seeking comment.

Once the application is complete, the state will have 270 days to make a decision.

A public meeting will be held within 30 days after the application is deemed complete, while a public meeting on the draft environmental impact report will be held within 190 days of the completion of the application, the CEC has said.

David Benda covers business, development and anything else that comes up for the USA TODAY Network in Redding. He also writes the weekly "Buzz on the Street" column. He’s part of a team of dedicated reporters that investigate wrongdoing, cover breaking news and tell other stories about your community. Reach him on Twitter @DavidBenda_RS or by phone at 1-530-338-8323. To support and sustain this work, please subscribe today.