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On the same agenda in Senate Energy, Industry, and Mining, we were alarmed to see two originating bills with no other descriptions. These bills have not been assigned numbers or titles at this time.
One, is a bill that will amend and reenact §11-6A-5a of the state code. Basically, this will eliminate the designation of wind power projects as pollution control facilities and will instead by classified as real property and be taxed at the real property rate, thus eliminating a tax incentive for this form of renewable energy.
The second bill eliminates 22-11-7a (401 certifications) and generally relates to coal mining. This will establish new notice requirements regarding permit applications under the Surface Coal Mining and Reclamation Act (SMCRA) and re-establishes when a certification is granted under the Water Pollution Control Act.
We have an expert looking at this bill now and understand that DEP is making changes to the bill as originated in committee. We will be watching this, as well.
