A wind project sharing at least a quarter of its land can get the fee cut
What the document says“The Secretary may approve an application submitted under subparagraph (A) only if not less than 25 percent of the land within the area of the right-of-way is authorized for use, occupancy, or development with respect to an activity other than the generation of wind energy”
The section lets the holder of a right-of-way for a wind energy generation project apply for a multiple-use reduction factor of 10 percent on the capacity fee, in the form, time and detail the Secretary requires. The Secretary may approve only where at least 25 percent of the land in the right-of-way is authorized for a use other than wind generation for the whole year the fee is collected. Where approval comes after the holder has started paying, the reduction applies from the first year after approval and each year the right-of-way lasts, and the Secretary may not refund the difference for an earlier year.
What the document actually says“The Secretary may approve an application submitted under subparagraph (A) only if not less than 25 percent of the land within the area of the right-of-way is authorized for use, occupancy, or development with respect to an activity other than the generation of wind energy”
The Secretary may only say yes on one condition. At least a quarter of the land must be open to another use. That must hold for the whole year.
The cut is 10 percent of the capacity fee. It applies only to wind projects. A late approval does not win back money already paid.
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