ROBERT L. EHRLICH, JR., Governor                             Ch. 488

(iii) one representative of an electricity transmission company or
other individual with interest and experience in siting and interconnection of
electricity transmission facilities with generating facilities;

(iv) two representatives of environmental groups; and

(v) one representative of the Commission.

(3)     The technical advisory group shall study and make recommendations
on:

(i) standards that will avoid or minimize impacts on birds and bats
from the construction and operation of wind-energy generating facilities;

(ii) a tiered system of standards that vary with the size of the
wind-energy generating facility and the associated generating capacity;

(iii) additional assessments of avian and bat populations and
behavior that may be needed before issuance of a certificate of public convenience and
necessity beyond those needed for other types of generating facilities, if any;

(iv) additional monitoring studies of avian and bat populations and
behavior during and after construction of a facility; and

(v) mitigation appropriate to address any impact on avian and bat
populations above a threshold level to be included in the certificate of public
convenience and necessity for a wind-powered electricity generating facility.

(4)     In conducting its study, the technical advisory group shall consider
guidelines for siting, operation, and avoidance and mitigation of avian impacts under
development by the United States Fish and Wildlife Service and by other states.

(5)     The Power Plant Research Program of the Department of Natural
Resources shall assist the technical advisory group in its study and the development
of recommendations.

(6)     On or before June 1, 2005, the technical advisory group shall report
its recommendations to the Commission.

(7)     (i) On or before July 1, 2006, the Commission shall adopt
regulations for wind-powered electricity generating facility siting taking into
consideration the recommendations of the technical advisory group.

(ii) The regulations may not apply to any wind-powered electricity
generating facility for which an application for a certificate of public convenience and
necessity has been submitted to the Commission before the effective date of the
regulations.

(b) The General Assembly strongly encourages:

(1) the Public Service Commission to exempt from siting, operational,
and monitoring requirements wind-energy generating facilities that involve only

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