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HomeMy WebLinkAboutPSD-035-13 04aington REPORT PLANNING SERVICES DEPARTMENT Meeting: COUNCIL Date: May 13, 2013 Resolution#: - - By-law#: Report#: PSD-035-13 File#: PLN 29.8 Subject: INDUSTRIAL WIND TURBINES RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-035-13 be received; 2. THAT Council endorse the letter Mayor Foster (Attachment 3) sent to the Premier, Minister of Environment; Minister of Energy and Minister of Infrastructure; and 3. THAT any interested parties listed in Report PSD-035-13 be notified of Council's decision. Submitted by: Reviewed by: � -e`Q David J. Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer FL:DJC:SN 2 May 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 � � I 1.1 Council received Report PSD- 078 -10 (Attachment 1) in June, 2010. This Report outlines the application and study requirements for projects proceeding under the Green Energy Act. 1.2 Since the passing of the Green Energy Act, 2009, there has been significant opposition to wind turbines, in particular to the wind facilities over 50kW, also commonly called commercial wind farms and /or industrial wind turbine installations. The Premier in her recent throne speech acknowledged that there are issues with implementation of the Green Energy Act, that changes need to be made and that the lack of involvement by local municipalities is part of what will be examined. Specifically, the phrase, "but only if we have willing hosts ", has promoted some municipalities to declare themselves as "unwilling hosts" to industrial wind turbines. 1.3 Council at their meeting of April 28th, 2013 received and referred the delegation (Attachment 2) of Ms. Heather Rutherford of Clarington Wind Concerns to staff for a report. 1.4 , The purpose of this report is to address the implications for Clarington of what an unwilling host to industrial wind turbines resolution would be. 2. BACKGROUND 2.1 The recent throne speech stated: "Your government intends to work with municipalities on other issues, too. Because communities must be involved and connected to one another. They must have a voice in their future and a say in their integrated, regional development. So that local populations are involved from the beginning if there is going to be a gas plant or a casino or a wind plant or a quarry in their hometown. Because our economy can benefit from these things, but only if we have willing hosts." 2.2 A representative of the Renewable Energy Facilitation Office (REFO) has indicated that the provincial government is looking at options to involve municipalities in the process, and currently there are discussions between ministries such as Municipal Affairs and Housing, Rural Affairs and Energy. 2.3 In 2012 the Provincial government took steps as a result of the Feed -in -Tariff (F(T) program 2 -Year Review to be more inclusive. Under FIT 2 (the updated FIT program) a new priority points system was introduced to priorize projects with demonstrated municipal support, local community and Aboriginal participation. Staff Report PSD- 040 -12 provided an overview of the rule changes. 2.4 The two large FIT contracts for wind farms in Clarington were under the original FIT offerings by Ontario Power Authority to developers /proponents in April 2009. There have been two additional offerings of large FIT contracts (Feb and July, 2011) but neither of these offerings included any offers for wind farm developers in Clarington. I Maw 2.5 The two Ontario Power Authority offered FIT contracts for industrial wind turbines in Clarington, are Clarington Wind Farm by Leader Resources and Ganaraska Wind Farm by ZEP - Sprott Power Corp. 2.6 For the past few years the proponents for these two projects have been proceeding through the process outlined under the Renewable Energy Approval process (see Attachment 3). Each of the proponents is now at Step Eleven. They have submitted their REA applications and all of the accompanying documentation to MOE and are waiting to hear if the documentation is complete. The status of each is posted on the MOE website as "REA Application Status: Received and screening for completeness" 2.7 Council has passed ten (10) resolutions regarding wind farms since January 2010. These resolutions: request the Provincial government to place moratoriums on wind development until the health concerns of people living in proximity to— industrial wind turbines and a determination of appropriate setbacks could be fully understood and addressed; highlight the inconsistency of locating wind farms on the Oak Ridges Moraine, an environmental sensitive geological landform protected by provincial legislation; and address the need for compatibility studies with the Port Granby Project. These resolutions have been provided to the Ministry of Environment along with the standard Municipal Comment form and a letter from Staff addressing technical concerns with the projects. 2.8 The Mayor has provided a letter (Attachment 4) to the Premier and Ministers of Environment, Energy and Infrastructure reinforcing Clarington's position that it is relying on the Ministry of Environment through its review to address the site specific issues with the two proposed wind farms in Clarington. The Mayor's letter has also been provided to the MOE Environmental Approvals Branch, who are responsible for reviewing the applications. 2.9 The REFO representative has verbally advised Staff that MOE will have to explain their decision when they make one as to how concerns raised by stakeholders have been. addressed by the proponents. 2.10 There is no confirmed timeline for a Large FIT application window for future contract offerings for wind farms. At this time, the REFO representative cannot answer how an "unwilling host" resolution would apply to future contract offerings. 3.0 COMMENTS 3.1 The Municipality's Strategic Plan 2011 -2014 includes "promoting economic development" as a strategic priority and specific objectives with regard to business and industrial park development, one of which is the Energy Park. The Strategic Plan also identified the "promotion of green initiatives" as a strategic priority including the creation of a culture of "going green ". In addition, the Plan identified the relationship with the Clarington Board of Trade as the economic development provider. 3.2 The passing of an all encompassing "unwilling host" resolution for industrial wind turbine installations would not be in keeping with the strategic priorities and objectives as outlined in the Strategic Plan. Further it could hinder the economic development work undertaken by the Clarington Board of Trade on behalf of the Municipality as outlined in their letter dated May 2, 2013 (Attachment 5). 3.3 Council's current position requesting a moratorium on industrial wind turbines until health concerns are more fully researched would seem to be consistent with the primary concern advanced by the Clarington Wind Concerns delegation at the April 28, 2013 Council Meeting. 3.4 Leader Resources and ZEP- Sprott Power Corporation received contract offerings from Ontario Power Authority under the initial FIT program. Staff are not familiar with the details of the contract and its conditions. It may be that cancellation of the contract by either party for reasons outside those stipulated in the contract would be subject to recourse through the court system. 3.5 The REFO office has already begun to address concerns for municipal involvement, local community and aboriginal participation during the 2012 review and new FIT 2 program rules. The REFO office did not offer an opinion on what further changes might result from the inter - Ministry consultation that is currently occurring. Staff note that the Premier's comments were made in the context of cooperation with municipalities on a variety of issues. 4. CONCURRENCE N/A 5. CONCLUSIONS AND RECOMMENDATIONS 5.1 The Mayor's letter to the Premier, with copies to the Ministers of Environment, Energy and Infrastructure clearly outlines the issues that Clarington has with the two proposed wind farms. The proponents as part of the MOE review will need to demonstrate that they have addressed these issues. MOE is also required, in their decisions on the applications, to include the rationale for their decisions. 5.2 It is recommended that Council endorse the Mayor's letter to Premier Wynne. This course of action has the benefit of reaffirming Council's concerns with regard to the potential health effects, set backs and the siting issues identified in relationship to the two wind farm applications that have been offered FIT contracts while not potentially hindering economic development initiatives that would be beneficial to the Municipality. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: x Promoting economic development Maintaining financial stability Connecting Clarington x Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Faye Langmaid Attachments: Attachment 1 — PSD- 078 -10 Attachment 2 — Heather Rutherford Delegation Attachment 3 — Renewable Energy Approval Process Attachment 4 - Mayor's letter to Premier Wynne and Attachment 5 — Clarington Board of Trade letter Interested parties Ms. Heather Rutherford, Clarington Wind Concerns Ed Morton C & K Lowerey Minister Jim Bradley Attachment 1 To Report PSD- 035 -13 Date: June 21; 2010 Resolution #: By -law #: N/A Report #: PSD - 078 -10 File #: PLN 29.10 Subject: GREEN ENERGY ACT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following; 1. THAT Report PSD-078 -10 be received; and 2. THAT any interested parties listed in Report PSD -078 -10 be notified of Council's decision. t Submitted by: .4P­e�_ Reviewed by: / y Lan ma' FCSLA, MCIP, cti g Directo of Planning Services FL/av June 10, 2010 ranklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LiC 3A6 T (905)623 -3379 F (905)623 -0830 REPORT NO.: PSD-078-10 PAGE 2 1.0 PURPOSE: 11 At the May 31St meeting, Council requested: "That Municipal Staff provide a detailed report regarding wind turbine installations in the Municipality of Clarington, including the implications of the Green Energy Act upon Clarington residents." 1.2 While Council was specific in requesting information on wind turbine installations, the Green Energy Act involves other forms of green power generation and the information regarding the background and process are general to all the forms of green energy covered by the Act. As such the report includes additional information beyond potential wind turbine installations in Clarington. 2.0 BACKGROUND 2.1 Ontario's Green Energy Act (G EA), and related amendments to other legislation, received Royal Assent on May 14, 2009. Regulations and other tools to implement the legislation- were introduced through the month of September, 2009. 2.2 A Renewable Energy Facilitation Office (REFO) has been created within the Ministry of Energy and Infrastructure. The objectives of the Office are: a) to facilitate the development of renewable energy projects; b) to assist proponents with the approval processes and procedures, including public consultation, and c) to assist proponents of renewable energy projects with other potential requirements imposed by the Government of Canada. 2.3 The new Renewable Energy Approval (REA) process will support the Green Energy initiative and the Ontario Government's Climate Change Action Plan that aims to reduce greenhouse gas emissions, increase renewable energy generation and energy conservation and create thousands of green jobs in Ontario. Information on "Frequently Asked Questions" is available from the REFO office or on the website (Attachment 1). 2.4 The REA integrates provincial review of the environmental issues and concerns that were previously addressed through the local land use planning process (e.g. zoning or site planning), the environmental assessment process and the environmental approvals process (e.g. Certificates of Approval, Permits to Take Water). Municipalities no longer have an approval role for Green Energy projects, rather they have an information provision and commenting role. • r 1 + PAGE 3 3.1 Regardless of the renewable energy source (wind, solar, biogas and biomass, waterpower,'geothermal) used.to generate electricity most applications for an REA will require a core set of reports: ® a project description report; a construction plan report; a design and operations report; o a decommissioning plan report; and a consultation plan report. 3.2 Additional documents will be required depending on the project location, equipment or technology being used to generate electricity. Requirements for technical reports are identified for each type of renewable energy generation facility. Drafts of these documents, among others, must be made available to the public by the applicant at least 60 days prior to the date of their final public consultation meeting, which must occur prior to submission of an application for an REA. 3.3 Under the REA Regulation, the different types of renewable energy generation facilities are categorized by class. Each class of project has unique requirements based on their nameplate capacity. Nameplate capacity is the maximum rated output of a generator under specific conditions designated by the manufacturer. Generator nameplate capacity is usually indicated in units of kilovolt- amperes (M) and in kilowatts (kW) on a nameplate physically attached to the energy generator. Win4fACilitie Generating less than NO These turbines can generate enough or equal to 3 kW of energy to power your dishwasher and power. fridge. Generating more YES. However, the These facilities are sometimes called than 3 kW but less requirements are scaled "small wind" and could support from 2 to than 50 W. down to reflect the low 38 households, or supplement a small impact nature of the commercial operation. facility. Generating 50 kW YES These facilities could supplement larger and over. scale industrial needs or more households than "small wind" facilities. Solar Energy Facilities. Any size roof -top or NO. However most Residential uses such as domestic hot wall- mounted. facilities mounted on water, pools; Commercial use to feed buildings, may require a back into the grid. municipal building permit. Ground mounted NO These are typically found at hardware generating less than and outdoor stores, orequal to 10 W. REPORT NO,: PSD- 078 -10 PAG E 4 IEWABtrE REQUIRE RA:: " GEIRAL INFORMA710NINOTIS . S60 R(7 105 dBA 106-107' dBA Ground mounted YES The average power requirement of 5 to generating over 10 10 mid -sized homes is 10 kW. kW. Note: The Regulation does not contain provisions for ground mounted solar energy facilities based on soil classification (e.g, prime agricultural land). However, a directive issued by the Minister of Energy and Infrastructure to the Ontario Power Authority (OPA) for the Feed -in Tariff program instructs the OPA not to enter into contracts for ground - mounted solar photovoltaic facilities located on certain classes of prime agricultural lands and specialty crop lands. Bio-Energy Facilities Thermal treatment, YES. The requirements Other permits may be required for off -site anaerobic that must be met vary inputs (i.e. Restaurant - food waste). digestion, biofuel depending on the project _ combustion (e.g. location (e,g, on a farm), biodiesel), and feedstock material and size biogas: (e.g: greater or less than 500 kW). Water Power Facilities Wave energy, run NO. These projects Hydroelectric dams follow an entirely of the river. continue to require relevant different process. environmental assessment and approvals processes under the Ministries of the Environment and Natural Resources. 4.0 REQUIREMENTS SPECIFIC TO WIND TURBINES 4.1 The GEA sets out a number of classes for wind energy depending on the scale.of the development. Much of the municipal and public concerns have been with respect to large scale turbines, rather than for small or micro sized turbines. The setbacks under the GEA for large scale wind turbines are shown in Figure 1 below: Number of Wind Turbines Setback in metres (m) from closest Point of Reception corresponding to wind turbine Sound Power Levels in decibels (dBA). 102 dBA 103-104 dBA 105 dBA 106-107' dBA >107 dBA 1 - 5 turbines 550 m 600 m 850 m 950 m Noise study 6 - 10 turbines 650 m 700 m 1000 m 1200 m required 11 - 25 turbines 750 m 850 m 1250 m 1 1500 m 26 + turbines Noise study required r •• � • PAGE 5 4.2 Ontario Regulation 359/09 sets out the information requirements and processing requirements surrounding Renewable Energy Approvals for projects such as the large scale wind developments. Although noise and environmental studies can be required and mandatory minimum setbacks have been imposed; concern remains that the standards do not adequately address the human health concerns associated with wind farms. Separate requirements are also outlined for offshore wind projects, which are categorized as Class 5 Wind Facilities. An. Off -shore Wind Facility Report is required for any Class 5 Wind Facility, as per O. Reg. 359/09. 5.0 MANDATORY CONSULTATION REQUIREMENTS 5.1 A component of the REA process is consultation with the general public, aboriginal groups and local municipality(s). A proponent must document what was learned through public consultation including how the project was changed in light of this information. 5.2 Public Consultation includes contact with landowners within 120 metres, a notice in the local newspaper and at least two public meetings. All of the studies and reports required as part of the REA process must be made available for public review prior to the last public meeting. Some small scale wind projects (generating less than 50 kW) are not subject to the public meetings or municipal consultation requirements of the Regulation. 5.3 Consultation with the municipality (or municipalities) is required for most renewable .energy projects and must begin at least 90 days prior to the date of the final public consultation meeting. This must also.be before the applicant submits an REA application. The Ministry of the Environment provides applicants with a form to document municipal feedback on matters related to municipal services and local infrastructure. The prescribed consultation form has two pages of questions for the Municipality to respond to. 5.4 The questions seek information regarding: • Roads (access, Traffic Management Plans); • Service Connections (location of service connections other than roads); • Facility Other (landscape design, emergency procedures, easements); and • Project Construction (site rehabilitation, locations of buried and above ground utilities, building code issues, natural and cultural heritage features). 5.5 The Municipality introduced a new fee for 2010 regarding the provision of comments and information for renewable energy projects. 5.6 Through the REA process, a proponent must consult, not seek approval from the Municipality. The only exception to this is when a renewable energy project requires the removal and use of aggregate materials. In this case, municipal approvals are sought for the aggregate license, not the REA. REPORT O i PAGE if 6.1 On April 8, 2010 Ontario Power Authority released the listing of contracts they have offered. The feed -in -tariff (FIT) administered by Ontario Power Authority is a straightforward way to contract for renewable energy generation. It provides standardized program rules, prices and contracts. Feed -in tariffs refer to the specific prices paid to renewable energy suppliers for the. electricity produced by the generating facility. The pricing structure provides a reasonable return on investment and is differentiated by project size and technology type. The FIT Program is for projects over 10 kilowatts; and the microFIT Program is for projects 10 kilowatts or less. 6.2 Three contracts were offered FIT contracts, that affect Clarington. ZEP Windfarm Ganaraska in the Orono area, Clarington Windfarm by Leader Energy and Hybridyne Solarfarm. The Hybridyne Solarfarm proceeded with a rezoning application in advance of the Green Energy Act being introduced. As such, the Municipality played a more significant role and have more knowledge of this project. 7.0 WIND TURBINE PROPOSALS iN CLARINGTON. 7.1 The Windfarms that have been proposed in Clarington have posted to their websites the area that they are studying (Attachment 2). The two windfarm projects have not to date consulted with the Municipality although we have been notified of their proposals. The ZEP Windfarm proponents held a public meeting in July 2009 in Orono. 7.2 The Clarington Wind Farm proposed by Leader Energy is for a 10 MegaWatt FIT contract which would be between 3 -5 turbines. While the study area identified is large, the specific location of the turbines has not been provided to the Municipality. 7.3 The Ganaraska Wind Farm proposed by ZEP is for a 20 MegaWatt FIT contract which is 6 -10 turbines. Again, the study area identified is large and the specific sites have not been provided to the Municipality, to date. 7.4 It is our understanding, the specific locations will not be made public until the 90 day REA consultation period is initiated, by the proponents. 8.0 HEALTH ISSUES RELATED TO WIND TURBINES 8.1 , Public and Municipal Concerns with Respect to Renewable Energy Development Although there are a range of public concerns from aesthetic to environmental, one of the most prominent local concerns has been the impact of large scale wind turbines on. human health. In areas of Bruce and Dufferin Counties, where wind farms are already constructed, there have been a number of cases of `wind turbine syndrome', which has symptoms including: Loss of sleep or sleep disturbance, Headaches /migraines, REPORT NO.: PSD- 078 -10 PAGE 7 • Inner ear ringing or Tinnitus, • Dizziness, • Vertigo, • Blurred vision; • Heart palpitations, • High blood pressure, • Psychological stress, or • Gastrointestinal problems. Although the GEA includes setbacks of a minimum of 550 metres to sensitive receptors, members of the public concede that this distance is insufficient to combat known and unknown human health impacts. 8.2 In the past two years there have been three notable studies by medical professionals which has concluded that there are no known adverse health impacts from wind turbines, where the turbines have been properly sited: 1. "Wind Turbine Sound and Health Effects An Expert Panel Review" prepared for AWEA and CANWEA. 2. "The Health Impact of Wind Turbines: A Review of the Current White, Grey, and Published Literature" prepared by Chatham -Kent Public Health Unit. 3. "The' Potential Health Impact of Wind Turbines" prepared by the Chief Medical Officer of Health recently released by the Association of Municipalities of Ontario (Attachments 3 and 4). 9.0 CONCLUSIONS 91 The Green Energy Act and the related regulations, exclude municipalities (both upper and lower tier) from the approval process. Council could support or oppose a project by notifying the Ministry of Energy and Infrastructure in writing. Council can also express to the proponent their support or opposition to a project. 9.2 The municipal role is to provide the information required on the Consultation Form when requested. The Consultation Form is provided by the proponent as part of the REA process. The Municipality has set a $5,000 fee to prepare this information. To date, other than Hybridyne Solarfarm, no requests for information have been submitted to the Municipality. 9.3 The REA process is administered by the Renewable Energy Facilitation Office. The Municipality will continue to provide as much information to the public and assist the REA process as much as possible. Staff Contact: Faye Langmaid Attachments; Attachment 1 Frequently Asked Questions — Renewable Energy Approval: http: /Iwww.mei,gov.on,ca /en/ energy /renewable /index.php ?page =refo— office Attachment 2 — Windfarm Study Areas in Clarington Attachment 3 — AMO Policy Update — Wind Turbines Attachment 4 — Synopsis: http: / /wvvw.health.gov.on,ca/en /public /publications/ ministry_ reports /wind- turbinetwind_ turbine. pdf Attachment 1 To Report PSD- 078 -10 Frequently Asked Questions -- Renewable Energy Approval Why does the ministry believe a setback of 550 metres for wind turbines is a safe distance? • The minimum setback for wind projects of 550 metres will ensure noise levels do not exceed 40 decibels at buildings used by people, such as a residence. Forty decibels is approximately the noise level experienced in a quiet office or library. • The setbacks rise with the number of turbines and the sound level rating of selected turbines. For example, a turbine with a sound power level of 106 decibels has to meet a setback of 950 metres from the nearest receptor. • We're confident that the science around 550 meters is sound, We used the most conservative modelling available nationally and internationally, and our experiences in Ontario and that of other jurisdictions supports this. • Going forward, the Ministry of the Environment will develop the science to monitor and measure low frequency noise, as currently there are no established and accepted protocols, in the future, wind farm operators may be required, through conditions of the Renewable Energy Approval, to monitor and address perceptible low frequency noise once acceptable protocols for doing so have been established. Will renewable energy development be permitted in wetlands and other ecologically sensitive areas? • Protecting significant natural features such as wetlands and the hydrologic functions they support are important to this government. • The REA establishes clear rules to continue to protect significant natural feature§ and sensitive water bodies so that renewable energy project applicants know they must protect these important features and the hydrologic functions they support. • Renewable energy facilities will not be permitted in provincially significant wetlands in Southern Ontario or coastal wetlands. • In some instances a renewable energy facility may be permitted within 120 metres of provincially significant wetlands, but only if an environmental impact study demonstrates the ability to mitigate negative effects and is confirmed by the MNR. How will species at risk, birds and bats be protected? • The ministry is committed to ensuring that renewable energy projects are protective of the natural environment. • Existing rules under MNR's Endangered Species Act will remain. Applicants must obtain a permit under the Endangered Species Act from MNR should their project have the potential to negatively affect a species or habitat protected under the Act. • As part of the REA for most project types, a study of the potential impacts on wildlife habitat must be completed to the satisfaction of the MNR. • The proposed process integrates existing study requirements with provincial standards to ensure the natural environment is protected. How will the environment be protected now that the Environmental Assessment Act powers have been removed? • The new process integrates existing previous study requirements with provincial standards to ensure the natural environment is protected, • The Renewable Energy Approval process ensures transparent decision making and provides opportunity for public participation in the process, • The new process replaces what was largely a proponent driven environmental assessment framework and replaces it with clear provincial rules and requirements. How will the new approval process be any faster than the existing process? The ministry has introduced a streamlined approvals process and a service guarantee that bring with them greater certainty for developers who follow the rules. How will I be consulted if there's a project in my community? • The renewable energy approval process ensures transparent decision making and provides opportunity for public participation in the process. • Applicants must provide written notice to all adjacent land owners, as well as public notice within a 120 metre radius of the proposed renewable energy generation facility at a preliminary stage of the project planning, and post at least two consecutive notices in a local newspaper. • For most projects, applicants must also consult with local municipalities on specific matters related to municipal land, infrastructure, services and information and will be required to post a notice in a local newspaper of general circulation within the municipality where the project is located. • Once ready to submit the application for Ministry of the Environment review, the applicant will be required to hold at least two community consultation meeting to .discuss the project and its potential local impact. • Any required studies must be made available for public review 60 days prior to the date of the second or final community consultation meeting, • Municipal input is an important part of the REA process, and through a transparent decision making process local concerns can be addressed in a timely manner, How will Aboriginal communities be consulted and the impacts on their rights considered as part of the approval? • Aboriginal consultation will be mandatory for the applicant as part of the regulatory requirements for a Renewable Energy Approval. • While the Crown will delegate certain procedural aspects of consultation to an applicant, the duty to consult rests with the Crown. The Crown will work to ensure that the duty to consult is fulfilled prior to a project being eligible for approval. • During this process, aboriginal communities will have an opportunity to raise issues and concerns with the applicant and the ministry. • If the applicant has not already appropriately considered impacts on Aboriginal and treaty rights, the Director can direct them to go back and consult before accepting their application for review. • The Director will also consider the impacts of a project on aboriginal and treaty rights when setting conditions in the renewable energy approval. What role will municipalities have in siting wind turbine projects? • The ministry recognizes the importance of local decision making with respect to specific matters related to municipal land, services and information. • A proponent of a'renewable energy project will have to consult with local municipalities prior to applying for a Renewable Energy Approval. • The ministry has developed a template for this consultation, which the proponent will use to relay project specific matters raised by the municipality. This document is to be submitted to the ministry as part of the application. • The renewable energy approval process would ensure transparency of decision making and provide opportunity for municipal engagement in the process. How do I know if my project needs approval? • Wind power facility projects over three kW will require a Renewable Energy Approval (REA). The 'requirements that must be met to obtain a REA vary depending on the project's output (mW). For wind facilities generating between three and 50 M, known as small wind projects, requirements are simplified and there are no mandatory setbacks. Facilities mounted on buildings may require building permits. For further information, contact the local building permit department. • Solar power facility projects that are roof -top or wall - mounted solar facilities are exempt from a Renewable Energy Approval. Any ground - mounted solar facility capable of producing over 10 kW will require a REA. Ten kW is the average energy requirements of five to 10 households and uses a surface area of about 55 square metres. • Bio- energy power facility projects must use biogas or biomass source material as defined under the Electricity Act. 6io- energy projects that are located on a farm and are already subject to an approved Nutrient Management Strategy under the Nutrient Management Act are exempt from obtaining a Renewable Energy Approval. • Water power facility projects do not require a Renewable Energy Approval. The Water Power Class Environmental Assessment dated October 2008 is the source document for understanding the rules governing the development of water power projects. Water power projects must also obtain the existing permits and approvals from the Ministry of the Environment and Ministry of Natural Resources. • For more information on renewable energy generation projects, and what is required for approvals, please contact the Renewable Energy Facilitation Office at REFO a(7.ontario.ca or 1- 877- 440- REF0(7336) or (416) 212 -6582. As a developer. do I have to send multiple applications to different ministries to get my project approved? • The Ministry of the Environment now has a single approval. The process integrates existing study requirements with provincial standards to ensure the natural environment is protected. • The Ministry of Natural Resources will continue to issue its approvals under its existing legislation but in a fashion that is coordinated with the Renewable Energy Approval providing clear guidance to help proponents through the process. • Though multiple approvals are being issued based on experience and mandates of various ministries there will still be a one - window approach for renewable energy project approvals through a facilitator's office. What happens to wind and other renewable energy projects that are part way through the current approval process? • It is proposed that projects currently holding all required approvals for their facility, such as a Certificate of Approval, will not require a Renewable Energy Approval and will not be subject to the new rules, unless or until an amendment to the Certificate of Approval is required. • The ministry recognizes that there are projects where substantial work has been done to date but yet all final approvals have not been obtained. • Projects that have an Ontario Power Authority contract and have issued a notice of Completion at the time of the regulation's proclamation continue with EA process and apply for a Certificate of Approval. These projects, however, must comply with the 550 metre minimum noise setback and the new property and road setbacks will apply. • Some projects — such as solar and biogas /biomass — do not require an environmental approval under the current rules, but will require a REA under the new rules. If these projects have an OPA contract and would have not been prohibited under municipal zoning prior to proclamation, they will be able to apply for a Certificate of Approval instead of a Renewable Energy Approval. • It is proposed that where projects that have ministry approvals (e.g., a Permit to Take Water or Certificate of Approval) will not be required to get a Renewable Energy Approval unless there is a need for a change to the approval or permit. What if I have a question about the application? Is there someone that I can contact for more information /assistance? • For more information, please contact the Renewable Energy Facilitation Office (REFO) by email: REFO(@ontario,ca, or by telephone: 1 -877-440-REFO(7336) or (416) 212 -6582 GANA27 &FORO ZEP Wind Farm Ganaraska Energy Farming Ontario Study Area Attachment 2 To Reuort PSD-078-10 �I KENDAL OWNALAND . . . . . . . . . . ..... . . . . . . NIT, Hybridyne Solar Farm LAKEON7'ARIO Clarington Wind Farm Leader Energy,ca -'-Y. Study Area 11 k1i"'A Ho AMO Policy Update — May 27, 2010 A„iti iatiun of \tunic iFmlititw of On6uia Wind Turbines Chief Medical Officer of Health Releases Review of Potential Health Impact of Wind Turbines A technical working group led by the Chief Medical Officer of Health (CMOH) has just released a synopsis of existing scientific evidence on the potential health impact of noise generated by wind turbines. The results are of interest to the municipal sector because the working group sought to answer questions commonly raised by those concerned with perceived health effects of wind turbines such as: • What scientific evidence is available on the potential health impacts of wind turbines? • What is the relationship between wind turbine noise and health? • What is the relationship between low frequency sound, infrasound and health? • How is exposure to wind turbine noise assessed? • Are Ontario wind turbine setbacks protective from potential wind turbine health and safety hazards? • What consultation process with the community is required before wind farms are constructed? • Are there data gaps or research needs? The review concludes that while some people living near wind turbines report symptoms such as dizziness, headaches, and sleep disturbance, the scientific evidence available to date does not demonstrate a direct causal link between wind turbine noise and adverse health effects. There was no support for claims that the noise, shadow flicker, electromagnetic fields, vibration, ice throw, or low frequency sound associated with wind turbines cause adverse health effects. In terms of the regulatory environment governing wind turbines (a synopsis of which is available under Policy Issues on the AMO website), the report found the 550 m setback is adequate but that community engagement deserves "greater attention in future developments ". Early engagement of the affected community at the outset of planning for wind turbines is important to not only address perceived health concerns about wind farms but also to address issues of fairness and equity, which also may influence attitudes about effects on health, AMO Contact: Scott Vokey, Energy Services Coordinator, email: svokey @amo on.ca, (416) 971 -9856 ext. 357 http J /vvw-w, amo, on.ca/AiN,f/Pri nterTeinplate. cfm? Section= Home &TEMPLATE= /CM(HT?vl... 6/1/2010 Attachment 4 To Report PSD-078-10 i 4--Acad Officcir of Fleall"In �CMOH) Ri�pol-i Mlay 2010 Summary of Review This report was prepared by the Chief Medical Officer of Health (CN10H) of Ont-mio in response to public: health concerns about wind turbines, particularly related to noise. Assisted by a technical working group comprised of members from the Ontario Agency for Health Protection and Promotion (OAIIPP), the Ministry of Health and Long -Term Care (MOHLTC) and several Medical Officers of Health in Ontario with the support of the Council of Ontario Medical Officers of Health (COMOH), this report presents a synopsis of existing scientific evidence on the potential health impact of noise generated by wind turbines. The review concludes that while some people living near wind turbines report symptoms such as dizziness, headaches, and sleep disturbanee1 the scientific evidence a� °ailable to date does not demonstrate a direct causal link between wind turbine noise and adverse health effects. The sound level from wind turbines at common residential setbacks is not sufficient to cause hearing impairment or other direct health effects, although some people may find it annoying, Introduction In response to public health concerns about wind turbines, the CMOH conducted a reviems of existing scientific evidence on t:he potential health impact of Kind ttu•bincs in collaboration and consultation with a technical worldng group composed of members from the OAHPP, ,NIOHLTC aiul COMOH. A literature search -was conducted to identify papers and reports (from 1970 to date) on Mnd turbines and health from scientific bibliographic databases, grey literature, and from a structured Internet search. Databases searched include _REDLINE, PubMed, Environmental Engineering Abstracts, Envi•ownertt Complete, INSPEC, Scholw's Portal tumd Scupus. Information was also gathered through discussions with relevant government agencies, including the Ministry of the EnAroiunent and the 1lhustry of Energy and Infrastnicture and Mth input protzcled by indi, -iduals and other organizations such as Wind Concerns Ontario. Irn general, published papers in peer - reviewed scientific journals, and reviews by recognized health authorities such as the World Health Organization («'HO) carry more weight in the assessment of health risks than case studies and anecdotal reports. The review and constilt ition with the Council of Ontario Medical Officers of Health focused on the following questions: • What scientific evidence is available on the potential health impacts of wind turbines? What is the relationship between wind turbine noise and health? • What is the relationship between low frequency sound, infrasound and health? • How is exposure to wind turbine noise assessed? • Are Ontario Mnd turbine setbacks protective from potential wind turbine health and safety hazards? • What consudtation process with the community is required before wind farms are constructed? • Are there data gaps or research needs? The following summarizes the findings of the review and consultation. , Wind Turbines and Health 2,1 Overview A list of tJte materials reviewed is found in Appendix 1. It includes research studies, review articles, reports, presentations, and websites. Technical terms used in this report are defined in a Glossary (Page 11). The main research data available to date on wind turbines and health include: • Four cross- sectional studies, published in scientific journals, which investigated the relationships between exposure to wind turbine noise and annoyance in large samples of people (3:51 to 1,918) living in Europe near wind turbines (see section 2.2), Published case studies of ten families with a total of 38 affected people living near wind turbines in several countries (Canada, UK, Ireland, Italy and USA) (Pierpont 2009). However, these cases are not found in scientific journals, A range of symptoms including dizziness, headaches, and sleep disturbance, were reported by these people, The researcher (Pierpont) suggested that the swnptolns were related to wind turbine noise, particularly low frequency sounds and infrasound, but did not investigate the relationships between noise and symptoms. It should be noted that no conclusions on the health impact of wild turbines can be drawn from Pierpont:s work clue to methodological limitations including small sample size, lack of exposure data, lack of controLs and selection bias, • Research on the potential health and safety hazards of %vind turbine shadow flicker, electromagnetic fields (EMI's), ice tlu•ow and ice shed, and structural hazards (see section 2.3). A synthesis of the research available on the potential health impacts of exposure to noise and physical hazards from wind turbines on nearby residents is found in sections 2.2 and 2.3, including research on low frequency sound and infrasound. This is followed by information on wind turbine regulation in Ontario (section 3,0), .und our conclusions (section 4.0), 2.2, Sound and Noise Sound is characterized by its sound pressure level (loudness) and frequency (pitch), which are measured in standard units known as decibel (dB) and Hertz (I -1z), respectively. The normal human ear perceives sounds W, frequencies ranging from 20Hz to 20,000 Hz. Frequencies below 200 Hz are commonly referred to as "low frequency sound" and those below 20Hz as "infrasound," but the boundary between them is not rigid. There is variation between people in their ability to perceive sound. Although generally considered inaudible, infrasound at high- enough sound pressure levels can be audible to some people. Noise is defined as an unwanted sotmd (Rogers et al.. 2006, Leventhall 2003), Wind turbines generate, sound through mechanical and aerodynamic routes. The sound level depends on various factors including design and wind speed. Current generation upwind model turbines are quieter than older downwind models. The dominant sound source from modern wind turbines is aerodynamic, produced by the rotation of the turbine blades through air, The aerodynamic noise is present at all frequencies, from infrasound to low frequency to the normal audible range, producing the characteristic "swishing" sound (Leventhall 2000, Colby ct al. 2009). Environmental sound pressure levels are most conunordy measured using an A- Nveight.ed scale. This scale gives less weight to very low and very high frequency components that is similar to the way the human car perceives sound. Sound levels around wind turbines are usually predicted by modelling, rather than assessed by actual tile asurerrrents. The impact of sound on health is directly related to its pressure level. high sound pressure levels ( >75dB) could result in hearing impairment depending on the duration of exposure and sensitivity of the individual. Current requirements for wind turbine setbacks in Ontario are intended to limit noise at the nearest residence to 40 dB (see section 3). This is a sound level comparable to indoor background sound. This noise limit is constktent with the night -time noise guideline of 40 dB that the 11.7orld Health Organizndon (WHO) Europe recommends for the protection of public health from community, noise. According to the WHO, this guideline is below the level at which effects on sleep and health occim However, it is above the level at which complaints may occur (FVHO2009). Available scientific data indicate that sound levels associated with wind turbines at common residential setbacks are not sufficient to damage hearing or to cause other direct adverse health effects, but some people may still find the sound annoying. Studies in Sweden and the Netherlands (Pedersen ct al. 2009, Pedersen and Waye 2008, Pedersen and NVaye 2007, Pedersen and Waye 2004) have found direct relationships between modelled sound pressure level and self reported perception of sound and annoyance. The association between sound pressure level and sound perception was stronger than that with annoyance. The sound was annoying only to a small percentage of the exposed people; approximately 4 to 10 per cent were very annoyed at sound levels between 35 and 45dBA. Annoyance was strongly correlated with individual perceptions of wind turbines. Negative attitudes, such as an aversion to the visual impact of wind turbines on the landscape, were associated with increased annoyance, while positive attitudes, such as direct economic benefit from wind turbines, were associated with decreased annoyance. Wind turbine noise was perceived as more annoying than transportation or industrial noise at comparable levels, possibly due to its swishing quality, changes throughout a 24 hour period, and lack of night -time abatement. 2,21 low Frequency Sound, Infrasound and Vibration Concerns have been raised about human exposure to "low frequency sound" and Infrasound" (see section 2.2 for definitions) from wind turbines. There is no scientific evidetce, however, to indicate that low frequency sound generated from wind turbines causes adverse ltbalth effects. Low frequency sound and infrasound are everywhere in the environment. They are emitted from natural sources (e.g., wind, rivers) and from artificial sources including road traffic, aircraft, and ventilation systems. The most common source of Wrasound is vehicles. tinder many conditions, low frequency sound below 40Hz from wind turbines cannot be distinguished from environmental background noise from the Mnd itself (Leventhal) 2006, Colby et al 2009). Low frequency sound from environmental sources can produce annoyance in sensitive people, and infrasound at high sound pressure levels, above the threshold for human hearing, can cause severe car pain. There is no evidence of adverse health effects from infrasound below the sound pressure level of 90dB (Leventhal) 2003 and 2006). Studies conducted to assess wind turbine noise indicate that infrasound and low frequency sounds from modern wind turbines are well below the level where known health effects occur, typically at 50 to 700. A small increase in sound level at low frequency can result in a large increase in perceived loudness, This may be difficult to ignore, even tit relatively low sound pressures, increasing the potential for annoyance (Jakobsen 2005, Leventhall 2006). A Portuguese research group (Alves - Pereira and Castclo Branco 2007) has proposed that excessive long- term exposure to vibration from high levels of low frequency sound and infrasound can cause whole body system pathology (vibro- acoustic disease). This finding has not been recognized by the international medical an(] scientific community. This research group also hypothesized that a family living near wind turbines will develop vibro-acoustic disease from exposure to low frequency sound, but has riot provided evidence to support this (Alves - Pereira and Castelo Branco 2007). 2.2.2 Sound Exposure Assessment little information is available on actual nneasurements of sound levels generated from wind turbines and other environmental sources. Since there is no widely accepted protocol for the. measurement of noise from wind turbines, current regulatory requirements are based on modelling (see section 3.0). 2.3 Other Potential Health Hazards of Wind Turbines The potential health impacts of electromagnetic fields (E'Us), shadow flicker, ice throw and ice shed, and structural hazards of wind turbines have been reviewed in two reports (Chatham -Kent Public Health IT 2004; Rideout ct d 2010). The following summarizes the findings from these reviews, EMFs Rind turbines are not considered a significant source of EI.1F exposure since emissions levels around wind farms are low.. • Shadow Flicker Shadow flicker occurs when the blades of a turbine rotate in sunny conditions, casting moving shadows on the ground that result in alternating changes in light intensity appearing to flick on and off. About 3 per cent of people with epilepsy are photosensitive, generally to flicker frequencies between 5- 3011z. Most industrial turbines rotate at a speed below these flicker frequencies. • Ice Throw and Ice Shed Depending on weather conditions, ice may form on wind turbines and may be thrown or break loose and fall to the ground, Ice throw launched far from the turbine may pose a significant hazard. Ice that sheds from stationary components presents a potential risk to service personnel near the wind farm. Sizable ice fragments have been reported to be found within 100 metres of the wind turbine. Turbines can be stopped during icy conditions to minimize the risk. • Structuralhazards The maximum reported throw distance in documented turbine blade tailtu•e is 150 metres for ali entire blade, and 500 metres for a blade fragment. Risks of turbine. blade failure reported in a Dutch handbook range from one in 2,400 to one in 20,000 turbines per year (Brawn of al 2005). Injuries and fatalities associated with wind turbines have been reported, mostly during construction and maintenance related activities. Wind Turbine Regulation in Ontario The ministu of the Environment regulates wind turbines in Ontario. A now regulation for renewable energy projects came into effect on September 24, 2009. The requirements include mitutntnn setbacks and community consultations. 3.1 Setbacks Provincial setbacks were established to protect Ontatians from potential health and safety hazards of Nvind turbines including noise and structural hazards. The minimum setback for a wind turbine is 550 metres from a receptor. The setbacks rise with the number of turbines and the sound level rating of the selected turbines. For example, a wind project with five turbines, each with a sotmd pourer level of 1070, must have its turbines setback at a minimum 950 metres from the nearest receptor. These setbacks are based on modelling of sound produced by wind turbines and are intended to limit sound at the nearest residence to no more than 40 dB. This limit is consistent Arith limits used to control noise from other environmental sources. It is also consistent with the night -time noise guideline of 40 dB that the World Health Organization (R'HO) Europe recommends for the protection of public health from cor ununity noise. According to the WHO, this guideline is below the level at which effects on sleep arid health occurs. However, it is above the level at which complaints may occur (WHO 2009). Ontario used the most conservative sound modelling available nationally and internationally, which is supported by experiences in the province and in other jurisdictions (MOE 2009). As yet, a measurement protocol to verify compliance with the modelled limits in the field has not been developed. Tlie Kitustry of the Environment has recently hired independent consultants to develop a procedure for measuring audible sound from wind turbines and also to review low frequency sound impacts from wind turbines, and to develop recommendations regarding low frequency sound. Ontario setback distances for wind tw -bine noise control also take into account potential risk of injury from ice throw and structural failure of wind turbines. The risk of injury is minimized with setbacks of 200 to 500 metres. 3.2 Community Consultation The Ministry of the Environment requires applicants for wind turbine projects to provide written notice to all assessed land owners within 120 metres of the project location at a preliminary stage of the project planning. Applicants must also post a notice on at least two separate days in a local newspaper. As well, applicants are required to notify locid mtuticipalities and any Aborigutal comniututy that may have a constitutionally protected right or interest that could be impacted by the project. Before submitting an application to the Ministry of the Environment, the applicant is also required to hold a minimum of two community consultation meetings to discuss the project and its potential local impact. To ensure informed consultation, any required studies'must be made available for public review 60 days prior to the date of the final community meeting. Following these meetings the applicant is required to submit as part of their application a Cpnsulwtion Report that describes the.comments received and how these comments were considered in the proposal. The applicant mast also consult directly with local municipZlit.ies prior to applying for a Renewable Energy Approval on specific platters related to municipal lands, infrastructure, and sen-rices. The b ° °linistry of the Environment has developed a template, which the applicant is required to use to document project- specific matters raised by the mwiicipality. This must be submitted to the ministry as part of the application. The focus of this consultation is to ensure important. local service and infrastructure concerns are considered in the project. For small kind prgjocts (under 50 kW) the public meeting requirements above are not applicable due to their limited potential impacts. Conclusions The following are the main conclusions of the review and consultation on the health impacts of wind turbines: • lfihile some. people living near wind turbines report symptonis such as dizziness, headaches, and sleep disturbance, the scientific evidence available to date sloes not demonstrate a direct causal link between Nvind turbine noise and adverse- health effects. • The sound level from wind turbines at comiuon residential setbacks is not sufficient to cause hearing impairment or other direct adverse health effects. However, sonic; people might find it annoying. It has been suggested that annoyance tnay be a reaction to the characteristic "swishing" or fluctuating nature of wind turbine sound rather than to the intensity of sound. • Low frequency sound and infrasound from current generation upwind model turbines are well below the pressure sound levels at which known health effects occur. Further, there is no scientific evidence to date that vibration from low frequency wind turbine noise causes adverse health effects. • Conunurdty engagement at the outset of planning for wind turbines is important and may alleviate health concerns about -wind farms. Concerns about fairness and equity may also influence attitudes towards Nvind farms and allegations about effects on health. These factors deserve greater attention in future developments. The review also identified that sound measurements at residential areas around wind turbines and comparisons with sound levels around other rural and urban arras, to assess actual ambient noise levels prevalent in Ontario, is a key data gap that could be addressed. An assessment of noise levels around wind power developments and other residential environments, including monitoring for sound level compliance, is an important preregtasite to making an informed decision on whether epidemiological studies looking at health outcomes will be useful. 10 Glossary A- weighted decibels (dBA) The sound pressure level in decibels as measured on a sound level meter using an A- weighted litter. The A- woighled filter de- emphasizes the very low avid very high frequencies of the sound in amanter similar to the frequency response of the human Car. Decibel (dB) Unit of measurement of the loudness (intensity) of sound. Loudness of nonnal adult hurnan voice is about. 6040 dB at three feet. The decibel scale is a logarilhtrtic scale and it increases /decreases by a factor of 10 from one scale increment to the next. adjacent one. Downwind model turbines Downwind model turbines have the blades of the rotor located behind the supporting tower structure, facing away from the wind. The supporting tower stntctuure blocks some of the wind that blows towards the blades. Electromagnetic fields (EMFs) Electromagnetic fields are a combination of invisible electric and magnetic fields. They occur boat naturally (light is a natural form of EMF) and as a result of human activity. 'dearly all electrical and electronic devices emit sonic type of EME Grey literature Iaformation produced by all levels of government, academics, business and industry in electronic and print formats not controlled by commercial publishing, i.e., where publishing is not the primary activity of ltic producing body. Hertz (Hz) A unit of measurement of frequency; the number of cycles per second of a periodic waveform. Infrasound Commonly refers to sound at frequencies below 20IIz. Although generally considered inaudible, infrasotuld at high- enough sound pressure levels can be audible to some people. Low frequency sound Commonly refers to sound at frequencies between 20 and 200 IN. Noise Noise is an umwant.ed sound. Shadow Flicker Shadow, flicker is a result of the sun casting intermittent• shadows from the rotating blades of a wind turbine onto a sensitive receptor such as a window hi a building. The flicker is clue to alternating light. intensity between the direct beam of sunlight and the shadow from the turbine blades. Sound Sound is wave -like variations in air pressure that occur at frequencies that can be audible. I1 is characterized by its Loudness (sound pressure level) and Pilch (frequency), which arc rneasutred in standard units known as decibel (0) attcl Ilertz (Ilz), respectively. The normal human ear perceives sounds at frequencies ranging from 201Iz to 20,000 llz. Upwind model turbines t`pwhid model turbines have the blades of the rotor located in front of'the supporting tower structure, similar to how a propeller is at the front of an airplane. Upwind turbines are a modern design and are quieter than the older downwind models. Wind turbine Rind turbines are large tossers wil.h rotating blades that uise wind to generate electricity. M Appendix 1: ,List of Documents on Wind Turbines Journal Articles and Books Brian IIG J, et al. IIandboek risicozonering windhu•bines. Netherlands: SenterNovem; 2005. .iakobsen J. Iturasound emission from wind turbines. J Lott F7-eq A —'bile Yib Active Conn•. 2005;'.'.1(,3):145.155. Keith SE, Michau(I DS, Bly SHE A proposal for evaluating the potential health effects of wind turbine noise for projects under the Canadian Ettvirorunentat Assessment Act../ Loin Treq Xoise Vih Active C onhvt. 2008-)27(4):2.53-265. Leventhal) G. Infrasound from wind turbines: fact, fiction or deception. Can Acoust. 2006;34(2) :29 -36. Pedersen E, Hallberg LR --If, 'Waye ICI'. Living in the vicinity of wind turbines: a grounded theory study. Qual Res Rsychol. 2007;4(1- 2) :49 -63. Pedersen E, Larsman P. The impact of visual factors on noise annoyance. among people living in the vicinity of wind turbines, JFvvi.ron Psychot. 2008;28(1):379 -389. Pedersen E, Persson Waye K Wind turbines: low level noise sources interfering with restoration? En iron Res Lett, 2008;3:015002. Available from: littp: //ti %i•w. lop. org /EJ /article /17#8- 932 (i /3/l/015002/er18_1_015002.I)df, Pedersen E, Persson Waye K. Wuid turbine noise, annoyance and self - reported health and well-being in different living environments. Occup F.nc;iran Alert. 2007;64(7):4804 Pedersen E, vial Glen Berg F, Bakker R, Bouma J. Response to noise from modern wind farms in The ' cthcrlands.' JAcoust Soc Am, 2009;126(2) :634 -43. Pedersen E, Waye KP. Perception laid annoyance clue to wind turbine noise —a close- response relationship. . JAconst ,Snc Ana.2004;116(6):3460 -70. van den Berg GR Effects of the wind profile at night, on WIWI turbine sound. J Sound Vila. 2004;277(4- 5):955 -970. Available from: http: /,iwwnv. nowap.co.uWdo&N%-indnodse.pcdf. Grev Literature Chatham -Kent Public 11", th Unit. The health impact of wind turbines: a roview of the ccuront while, grey, aril published literature. Chatham, ON: Chatham -Kent Mtunicipal Cotuicil; 2008 [cited 2010 Mar 5]. Available from:. http:l /�v� +env. �iind- works, org�irge'dliri>inestF [ ealth° i�, 20and' Y, 20�Z' ind4k, 20by` �20C- KoN?OHealih;'�CC?OUnit.pclf. Colby NVD, Dobie R, Leventhnll G, I pscomb D11, McCunnoy RJ, Seilo MT, et al. Wind turbine sound and hcalt.h effects. An expert,panel review: American WLrul Energy Association & Canadian Wind Energy Association; 2009 [cited 2009 Dcc'21]. Available from: htl. p:/,/ Nvwwcanwea. ca/ pdf/ t. tilkwiiiM ll ind_Turbine_Sottnd_anci_Health_ Effects.pdf. Rideout K, Copes R, Bos C. «md turbines and health. Vancouver: National Collaborating Centre for Environmental Health; 2010 Jan [cited 2010 Afar 51. Available from: litip: / /wv « r•.neceh,ca/ filesA i' ind_'Mrbiines_Jarutary_2010.pdf. Wind turbines and Health: a review of evidence. Toronto: Onia rio Agency for Health Protection and Promotion; 2009 [cited 2010 Mar 51. Available from: http: /;'iv.vw.oahpp.ca/ resources/ doc( unernta ipresentatiounsP200Jseptl0/ Wind %201'ubincs%20!i 2OSept %2010° /a2O2OO9.pdf. ' Emironmentaul Protection Agency, Office of Water. Auxiliary and supplemental power fact sheet: vdnd turbines. Washington, DC: Environmental Protection Agency; 2007 [cited 2010 Jan "r ]. Available from http:/AN7ww.epa.gov/ owon/nntbhvind_ final. pdf. 12 Leventhall G, PeIinear P, Benton S. 'A review of published research on low frequency noise and its effects. London, England: Department for Envirorunern, Food and Rural Affairs; 2003 [cited 2010 Afar 5J. Contract No.: EPG 1/2/50. Available front: http : / /www.defrt.goieukJenvironmen(/quality/ noiseJreseare10ot N,frdgtieney /docwiicii s/ lowfr'egnoise.pdf, Minnesota Department of health, Environmental Health Division. Public health impacts of wind.turbines. Saint Paul, MN: Minnesota Department of Commerce, Office of Energy Security; 2009 [cited 2010 Mar u1. Available from: ht.tif: / /energyfac ilities,puc. state. mn. us/ doctmlentsii' ublic% �?UlIealth° 4i ?OInrpacis °�tLOoln�`?0�i'ind %?0 R u, bines ,0/6205.22.090rft20Revised.p df. National Research Council, Committee on Em iromnen(al Impacts of Wind- Energy Projects. Environmi,ntai impacts of wind- energy projects. Washington, DC: National Academies Press; 2007. Ontario. Ministry of the Emdronment. Frequently asked questions: renewable energy approval. Toronto: Queen's Printer for Ontario; 2009. Available from: hi. tp:/ /Nvww.ene.gov.on.c:a/e.n/busuiess /green- cnetgy/ docs/FAQs9/d20 -I nal.pdf. Ontario. Ministry of the Fnvironnnenl. '_Noise guidelines for wind farms: interpretation for applying JIOE NPC publications to wind power generation facilities. Toronto: Queen's Printer for Ontario; 2008 [eft.ed 2010 Mar 5]. Available from: ht.lp: / /wH•ty. ene. gov. on.ca /ptlblicatioits /47090.1)df. Ontario, IN- fstty of the Environment Development of noise setbacks for wind ferns: requ- [rements for compliance with MOE noise limits. Toronto, ON: Queen's Printer for Ontario; 2009. Available from k;ene.gotcon.ctt/enlbusine:ss/ green - energy /does/41'irtd?NoiseSetb teks.pdL Pedersen E. Human response to wind turbine noise: perception, annoyance and moderating factors. Goteborg, Sweden: Goteborgs Universitet, Sahlgrenska Acedemy, Department of Public Health <and Community \iedicine; 2007 [cited 2010 Mar 5), Available from: http : / /gape Lub.gu.se/dspace/bitstream/2O77 /4431 /I /gupea_2077_4431_I.pdf. Pierpon( N. Mind turbine syndrome: areport on a natural experiment [pre - publication draft]. Santa Fe, IMM: K- Se)ected Books; 2009 (cited 2010 Maur 51. Available from: http:// t+• ww .wirldturbinesyri(ironic.com/%cp- content/ uploadst2009 /03 /nis- ready - for - posting on- vrtscom- 3- 7 -09.pcif. Ramakrishnan R (Aiolos Engineering Corporation). Virnd turbine facilities noise issues. Toronto; Queen's Printer for Ontario; 2007 [cited 2010 Mar 5J. Report No.: 4071/2180/AR155Rev3. Available from: https: / /ozoiie.sc-holarsport.il. info/ l)itstreanVl873`/13073/1/383'287.pdf. Rogers AL, Manwell JF, "right S. Wind ttu•bufe acoustic noise; a white paper. Amherst, AIA; University of Massachusetts at Arinlnerst, Department Of Mechanical and Industrial Engineering, Renewable Energy Research Laboratory; 2006 [cited 2010 Mar 5). Available from: http : /hirwwce ere, or'g/rerl/ publi cations /whitepapers/«rrnd_ Tttrbine_Ac otrstic_N oise_Rev2006.pdf. van den Berg F, Pedersen E, Bouma J, Bakker R, Project WINDrkRAlpereeption: visual and acoustic impact of wind turbine farms on residents: final report. Groningen, Netherlands: University of Groningen; 2008 [cited 2010 Mar 51. Published jointly by the University of Groningen and the University of Gothenburg. Available from: http: / /www, wind - watch. org. /d Oct Linonls /wp-c ontent/up] oads/Irfp- final- l.pdf. Whit.ford J. Model %0nd turbine by -laws and best practices for Nova Scotia municipalities: final report. Halifae, 'NS: Union of Nova Scotia Murticipalfties; 2008 [cited 2009 Apr 21). Contract No.: 1031581. Available from: http: / /www.sust diiabilit y- unsm.ciVotrr- wbrk.litml. 13 Attachment 2 To Report PSD- 035 -13 Good Evening Mayor Foster, and members of Council, I am here tonight on behalf of Clarington Wind 'Concerns — a grassroots organization representing the concerns of hundreds of residents who stand to be directly impacted by the two industrial wind turbine projects currently under, development in our community. Over the past three years, I have made several delegations regarding these projects, and I would like to begin by offering my thanks to you, our Council, for your support and for the work that you have done on our behalf during this time. Many of you have attended the public meetings that we have hosted to hear from our knowledgeable guest speakers, some who are experts in their field and some who are folks like us who have unfortunately learned first hand about the negative impacts of wind turbines on rural communities. You have also attended the meetings hosted by the proponants, and have heard first hand from the hundreds of residents who have very real concerns about these projects. Many of them are here tonight to show their support. You took the time to learn more about our concerns and the potential impacts of these projects. You listened, you took action, and for this we say Thank you. When I drafted my letter to council, I was unaware of the letter that Mayor Foster had written to Premier Wynne last week to point out the specific concerns that the Municipality has with the two wind turbine projects being developed. Having now seen a copy of this letter I wish to congratulate you on your efforts, as the points you made are definitely a step in the right direction. However, I have come before you again tonight because we hope that you will extend your support a little further in making a formal statement to the province that Clarington outright opposes the construction of these wind projects. We encourage you to pass a resolution declaring Clarington's position regarding wind turbines: that we are currently "not a willing host ". Under Premier McGuinty, rural Ontario was scolded for its opposition to wind turbines, and told that NIMBYism would not be tolerated. That serious risks to health and the environment would be the only valid reasons to stop a project. An astounding amount of evidence has been presented -to the province to show that without a doubt building these wind projects only 550m from residential homes will cause harm to both. Despite many opportunities to make changes, McGuinty's government failed to do so, citing the importance of shutting down coal plants despite any real evidence that building wind turbines would help them to achieve that goal. But change in leadership has brought us a new Premier - Kathleen Wynne. She has expressed interest in working with local governments, and has demonstrated an awareness of the problems in rural Ontario by appointing herself as Minister of Agriculture. In fact, I am here tonight because during her first throne speech in February, new Premier "Wynne acknowledged that with the Green Energy Act "they didn't get it perfect the first time and changes need to be made. She argued that Ontario can benefit from things like industrial wind farms, "but onl if we have willing hosts " -a direct quote from the speech. Shortly afterwards, the Municipality of Wainfleet passed a motion to declare their community an unwilling host for wind turbines. Since that time over a dozen other communities have followed suit, including Prince Edward County, Norfolk County, Huron East, North Perth, Saugeen Shores, and even our neighbours in the City of Kawartha Lakes under a motion made by councillor Heather Stauble. These communities have declared themselves unwilling hosts to send a message to the province that they are NOT willing to subject their residents to the Province's wind turbine experiment when there are so many unresolved problems that continue to exist in Ontario communities where wind farms are already operating. For three years we have watched as a growing number of doctors, from around the world have released findings to support our position that the minimum setback distance allowed in the province's Green Energy Act is not protective of human health, and should be at least several times larger. We heard the decision of the Environmental Review Tribunal which stated that the evidence it had viewed showed that wind turbines can be harmful to human health when built too closely, and encouraged that more research be conducted to determine setbacks. We- have read the documents obtained through Freedom. of Information requests which show that the Province has ignored the pleas for help from hundreds of people in Ontario who are already living near wind turbines who are suffering grave health problems since the turbines began - some who have walked away from their homes as a last resort. We have watched as Health Canada announced there was sufficient evidence to fund a health study to look at the health impacts of wind turbines, with findings to be released later next year. We have been presented with studies from independent property assessors which indicate that properties near wind farms have seen reductions in value from 20 -50% or have become altogether unsellable. We read with interest the report of the Grey -Bruce medical officer of health Dr. Hazel Lynn. Her 18 month literature review at the request of local residents living in and around wind turbines in the Kincardine area. Dr. Lynn reviewed all of the most widely cited studies from around the world involving wind turbines and Her report directly contradicts Chief Medical of Health Dr. Arlene King's 2010 findings which recommended that no further research be undertaken. which the Ontario government has widely used to justify its wind turbine policies and regulations. By declaring Clarington an unwilling host - you would be reaffirming the support that you have already shown for our position over the past three years. - You would be agreeing that there are some serious gaps in the science and that you are not ready to subject your residents to wind turbines until thorough health studies are conducted to prove a safe setback distance. - You would be acknowledging that the residents of our community stand to lose a great' deal of their property value and that this may ultimately affect the Municipality's tax base. - You would be stating that Municipalities deserve more power to make decisions about projects that affect their residents and their lands. And you would be reminding the Province that they have yet to take ANY meaningful action on the requests that you have already made to them. We ask you to take action now, because to do otherwise, would mean that we are a "willing host community", and that we find the terms that the Province has provided us with are acceptable. Our reluctance to welcome turbines into our community under the current regulations has nothing to do about being opposed to green energy, or being "anti- wind ", or NIMBY's. It has everything to do with protecting our health and the, quality of our lives, as well as the financial security of our families and community. We are `unwilling" to compromise when it comes to these principles for we have too much at stake. In closing, I urge you one again to send Premier Wynne a message by passing the following resolution: WHEREAS there are two (2) proposed industrial wind projects in the Municipality of Clarington (Ganaraska Wind Farm, and Clarington Wind Farm) and WHEREAS the Premier of Ontario has recently conveyed the Government's desire to limit Industrial Wind Turbine (IWT) Projects to communities that are willing hosts; and WHEREAS council for the Municipality of Clarington -has received a clear message from its residents that they are not willing to host industrial wind turbines; AND WHEREAS Council for the Municipality of Clarington has taken a consistent position on the issue of industrial wind turbines; THEREFORE BE IT RESOLVED that the Municipality of Clarington declares that it is 'not a willing host'; and THAT this resolution be forwarded to the Premier, Minister of Energy, Minister of the Environment, Minister of Agriculture and Food, Minister of Rural Affairs, Doris Dumais, Director of Environmental Approval and Service Integration Branch of the Ministry of the Environment, MPP John O'Toole, MP Erin O'Toole, and the Association of Municipalities of Ontario (AMO). THANK YOU Heather Rutherford Attachment 3 to Report PSD-035-13 Developing a Renevtable Energy Project Under the Renewable Energy Approval From Start to Finish Step One Pre-REA Planning a) Developer finds potential project location and creates initial project ,plan. . b) Developer is encouraged to contact local stakeholders, including municipalities, and d isCUSS the planned project to. get feedback on the proposal. c): Developer finalizes location. d) Developer applies for FIT contract- e) if the project meets the necessary requirements, including available capacity' a FIT contract is offered. fj Developer accepts FIT contract- g) Developer finalizes grid connection plans vrith the applicable distributorilransmi[tter. step Tvio Developer provides copy of draft Project Description Report to MOE and obtains list of Aboriginal communities to be consulted throughout the REA process. Step Three Developer initiates REA consultation process and provides notification of the project and of an initial public meeting to municipal stakeholders, Aboriginal communities and the general public at least 30 days in advance of initial public meeting. Developer begins aboriginal consultation process- Developer provides murfilcipal consultation form and draft Project Description Report to the municipality at [east 30 days before initial public, meeting., and draft Project Description Report online and in paper copies to the public and Aboriginal communities. Step Four Developer initiates any other relevant approval processes (e.g. federal approvals, MNR Species at Risk avork, etc-) Step Five Developer holds first public meeting at least 30 days after providing notice. Step Six Developer, taking feedback from initial meeting into account, begins refining project plans and doing studies to ensure that the project andards. meets health, environmental and safety sL Developer contacts the municipality (and others-,) to gather information about a) natural heritage features and water bodies near the project location and b) cultural heritage and archaeological records (!Jevelopers are strongly encouraged to initiate this contact as early as possible in the development process, ideally at Step Tvtlo). Excerpt,, from RenewcL-4e Energy Development: A 61.1fde for Munietpalffies Step Six Consultatfon with all stakerk-4ders continue on an ongoing basis (C-ontInued) throughout the profect design. process. -stop Sown Wind project developers- a-u--publish a drat site plzin by providing notification of the proposed turbine layout to municipal stakeholders, Aboriginal cornmuniffes and the general public; Step Eight Developer provides a copy of all draft reports and studies (except the Consul(at.lori Report) to the municipality at. [eat 9,0 diays in advance- of the final public meeting_ Step Nine Developer -provides coples of all draft reports., studies and NINR and MTC confirri-iation letters (except the Consultation Report) online- and in paper COPWS for PLINIC review at least 60 d,-,4ys in advi-Ince of the final public meeting. sto-p Developer holds final public meeting aria will, it ne4c"Cnsafy, revise its draft reports in preparation for making its application for the REA_ Stop Eleven REA application Is submitted arid, if cornpleter accepted by the MOE. $tesP TWelve WE C0111111011ces tecrinical review ana. po-sts notice of the application on the EBR for additional comment for a period of 30 clays- Wiffiin 10 days. of the EEC R notice, the developer must post all application i ni, I Verials on Its unfil MOE mak-`s decision. The developer must also publish notice of Its application in a newspaper. Step. Thirteen M provides REA decision to developer - if aKiroved, with anV conditions that may apply.. The applicant. or a third party may appeal the REA deci-sion to trtc-, Environmental Reviev TrIbonal witmin 15 days of the issuance of the decision notice. Step, Fifteen Posqt-REA Approval a) Developer recefvess- notice to proceed from 0PA_ b) Developer owains z-110 olheir newssary regolatoFy- and oleddeal approvals., C) Developer obtains bullding permit from municipality, d) Developer constr=ucts project, e) Project starts commercial operation. A copy of the full document can be obtained on-line at http://www.energy.gov.on.ca/docs/en/O.N9126-MEI-Guidance-Brochure9 Attachment 4 to Report PSD- 035 -13 Kyn�.f.ro nu va �4y! nnRJ ® J 00_Tr�A ,l���RAtlll ViiJF� R3� Mayor Adrian Foster April 22, 2013 Premier Kathleen Wynne Legislative Building Queen's Park Toronto, ON M7A 1A1 l L' APR 2 4 2013 ILITY OF OL NII�( TON l.lA � . _ Re: Wind Farin Applications within the Municipality of Clarinaton In 2009, FIT contracts for 2 industrial wind turbine projects were issued for projects in the Municipality of Clarington, ZEP near Orono and Leader Energy in Port Granby. It was difficult to determine the ultimate siting of the turbines. because of the vast size of the study areas involved. In fact, the two study' areas overlapped. The firms involved in the PIT contracts have followed the process set out by the R.EA office and are now in the final stages of their submissions, When the locations of the And turbines were determined, we noted obvious gaps in the siting criteria as set out in the Green Energy ActAn the case of the Port Granby project,•we have residents that are now faced with development of industrial wind turbines concurrent with and adjacent to Port Granby, a part of the Port Hope Area Initiative. This is a $1.3 billion federal project involving the relocation of low level radio- active waste, The Municipality has a legal agreement'with the federal government for the relocation of this waste and has been working with the residents and federal government through the Environmental Assessment and licensing hearings by the Canadian Nuclear Safety Commission for this project since 2001. The community has reluctantly accepted this project and are now ready to move forward, despite the stress and challenges of a 10 year construction project. When the wind farm was considering this location there was little regard for the Port Hope Area Initiative, the proximity to the waste site and the cumulative negative impacts on the residents. The second wind farm in Clarington is near Kirby /Orono on the Oak Ridges Moraine. The siting of the turbines places 2 on Class 1 Landform Conservation Areas and 7 on Class 2 Landform Conservation Areas, The Municipality of Clarington was a major supporter of conservation of the Oak Ridges Moraine in our 1996 Official Plan which pre -dated the passing of the Oak Ridges Moraine Conservation Plan, which we also supported. Both the Municipality and the Ganaraska Region Conservation Authority question the location of industrial wind turbines on the resources the Provincial government is protecting through other legislation. .,...page 2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L10 3A6 T(905)623-3379F(905)623-2582 email - mayor @ciaringtonmet Page 2 Clarington Council has passed many resolutions supporting moratoriums until additional research could be carried out and specifically a re- examination of the siting criteria to address our concerns for the two wind farms in Clarington, Municipal staff have provided comments on both of the projects via the municipal consultation form and as professionals their comments have addressed the facts of the applications. The Municipality of Clarington is a supporter of green energy and the home of the Darlington. Nuclear Generation Plant. We have numerous small wind turbines and many solar installations, in short we suppoxt green energy in principle; however, the two wind farm applications in Clarington have fundamental issues with their siting which are beyond the criteria addressed in the Green Energy Act. These are neither minor nor insignificant issues which we would hope will be addressed, Trusting you understand the gravity of the specifics of the siting and will intervene in an appropriate manner, M CC; Minister of the Environment, Jinn Bradley. Minister of Energy, Bob Chiarelli Minister of Znfastructure, Glen Murray Faye Langmaid, Manager of Special projects, Planning Services Dept, CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L10 3A6 T(905)623-3379F(905)623-2582 e -mail - mayor @clarington.net Attachment 5 To Report PSD- 035 -13 Ron Robinson President May 2, 2013 Adrienne Windsor Vice - President Mayor Foster and Members of Council Secretary Municipality of Clarington Ron Collis 40 Temperance St. Past President Bowmanville, ON Leslie Ray Re: Discussion on Marketing the Clarington Energy Park Treasurer Barb Malone Mayor Foster and Members of Council Director at Large It is my understanding that at the April 28th, 2013 council meeting, there were discussions Barb Yezik regarding the marketing of the Clarington Energy Park in response to the communications by Director at Large Clarington Wind Concerns in addition to a delegation by Heather Rutherford. Dale Gibbons Director at Large As we are not well versed on the many pieces of this issue, this letter will focus on the marketing of the Clarington Energy Park and Clarington. The Clarington Board of Trade and Office of , Del Dykstra Economic Development have been involved in the marketing of the Clarington Energy Park since Director at Large its designation in 2006. We are sensitive to the concerns regarding wind turbines and their Jennifer Knox impact within our community. We do understand that the provincial regulationsmake it difficult Director at Large for municipalities to have input into renewable energy projects. Laura Sciore Director at Large Business attraction is very competitive across the Province of Ontario. As the eastern border to the GTA, Clarington sits just outside the boundaries for the South Eastern Development Fund, we Lawson Gay are outside the South Western Development Fund boundaries and too far south for the Director at Large Northern Development Fund. As a member of the GTA we are often seen as being the outskirts, Katie Hennessy which is a.challenge as well. Newcastle chamber Clarington has gained our recognition through our strong energy portfolio and the Clarington Greg Lewis Energy Park is a big part of this: Key leaders at the provincial level are very aware of Clarington Newcastle BIA and our energy strengths. The investment community has become increasingly aware and Justin Barry interested in our energy cluster. The Region of Durham has used our strength in energy and the Bowmanville BIA Clarington Energy Park to identify the Region as the Energy Capital of Ontario. Lisa Roy Orono 81A I respectfully ask Mayor Foster and members of Council to carefully consider the impacts that identifying Clarington as an "unwilling host for Wind" could have. It is very important that we Lindsay Coolidge respect the concerns of all of our residents. Clarington needs to find away to do this without Post Secondary Advisor alienating the "Energy Sector ". Clearly nuclear is our prime energy sector but in order for us to Don Rickard be leaders in energy we need to keep our community open to explore and welcome new Agriculture Advisor technologies and the potential for research projects. To isolate one stream of energy will not foster good will in the Energy Sector and may limit the interest in the broader energy sector to Curry Clifford see Clarington as the Energy Hub we know it can be. Municipal Advisor 54 King St. East, Unit 102, Bowmanville, ON L1C 1N3 • (905) 623 -3106 • info @cbot.ca • www.cbot.ca i i• Thank you for your consideration of our position in this matter. We would be happy to discuss in more detail at your request. Sheila Hall Executive Director Clarington Board of Trade and Office of Economic Development 54 King St. East, Unit 102, Bowmanville, ON L1C 1N3 • (905) 623 -3106 • info@a cbot.ca ® www.cbot.ca