Committee discusses bill to remove aesthetics from PUC siting criteria for energy projects

For the record, Representative Chris Morrow (West End) was recorded as present to discuss a bill on page 651 that would change 30 V.S.A. § 248(b) by removing aesthetic criteria from the Public Utility Commission's evaluation of certain projects, Chair Scott Campbell said.

Morrow described the proposal as brief: "It's a very simple bill. It's, basically, a page and a quarter," and said the intent is to address cases where projects were denied solely on aesthetic grounds. He argued aesthetics are a subjective test and questioned whether a handful of lawyers in Montpelier should make aesthetic judgments for communities statewide.

Committee members pushed back on removing aesthetics entirely, noting the importance of local character, tourism and landscape values. Some members said aesthetics have been decisive in denying small projects even when other criteria were met; others proposed narrower language that would prevent a project from being denied "solely" on aesthetics rather than eliminating the criterion altogether.

Members also noted the PUC has publicly available guidance and a rule that implements an internal "test" for aesthetics and that precedent (including large solar projects that underwent the test) shows outcomes can vary by site. The committee agreed the topic requires additional testimony and legal review and that stakeholders should be heard before the committee considers statutory language.

Provenance: Topic introduced SEG 626; last related discussion SEG 869.