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D. California In California, decisions on siting wind projects are left to local governments, but projects must undergo a state level environmental review, which includes opportunities for public notification and comment. The California Energy Commission does not regulate wind projects because its authority extends only to thermal power plants over 50 megawatts.92 However, under the California Environmental Quality Act (CEQA),93 any project that involves state or local government participation, financing or approval, and has the "potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment" must undergo an Environmental Impact Report (EIR). In most cases this would encompass wind projects. Certain projects, including projects located in environmentally sensitive areas or projects that substantially affect wildlife habitats, must also undergo a State Clearinghouse review by other state agencies.94 In the case of Altamont Pass, the first and largest U.S. wind project, the Alameda County Zoning Board of Adjustments issued conditional use permits and did not require an Environmental Impact Report under CEQA. The County claimed a categorical exemption from CEQA, although the CEQA guidelines clearly state that a "categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment. "95 The Altamont Pass wind project, built in the mid 1980s, has received worldwide notoriety for bird deaths. A 2004 study done by the California Energy Commission found that the Altamont Pass turbines kill an estimated 881 to 1,300 birds of prey each year, many of which are endangered or threatened species. 9c The permits were up for renewal in 2004, and although environmental groups and state and federal wildlife agencies presented substantial evidence on the environmental impacts of the turbines and called for an EIR, the County re- issued the permits in 2005, again without an EIR.97 Most wind projects in California, however, undergo the EIR process. E. Virginia In Virginia, wind energy projects must receive local approval as well as a state certificate which entails some level of environmental review. The State of Virginia does not specifically regulate wind power facilities; however, wind facilities fall under State Corporation Commission (SCC) regulation of electric generation facilities. In general, these regulations require the SCC to issue a Certificate of Public Convenience and Necessity (certificate) for construction of electric facilities.9s The SCC's review must consider the effect of the proposed facility on the environmentag and establish conditions to minimize adverse environmental impacts. To this end, the Department of Environmental Quality coordinates the environmental review, ioo which consists of analysis of 14 items. ioi DEQ makes recommendations to the SCC regarding conditions that may be necessary to minimize impacts based on input from various agencies; however, there are no clearly stated criteria that are to be applied to this review. The SCC must notify the public and provide an opportunity for a hearing,102 but there is no requirement for the SCC to consider the input and the timing of the hearing is unspecified. Upon finding that it will not negatively impact reliability or rates and that it is not contrary to the public interest, the SCC must permit construction of a facility. The SCC certificate does not serve as a consolidated state permit, and projects must also obtain other necessary state or federal permits, in addition to local permits. Appendix C 191