In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, February 26, 2019 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Jennifer Cervenka, Chair
Raymond Coia, Vice Chair
Don Gomez
Ron Gagnon, RIDEM
Jerry Sahagian
Michelle Collie
Joy Montanaro
Trish Reynolds
Michelle Collie

Members Excused
Mike Hudner
Lisette Gomes

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
Jim Boyd, Coastal Policy Analyst
David Beutel, Aquaculture Coordinator
David Reis, Spv Environmental Scientist
Justin Skenyon, Ocean Engineer
Anthony DeSisto, Legal Counsel
John Longo, Legal Counsel

1. CALL TO ORDER

Chair Cervenka called the meeting to order at 6:00 p.m.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Cervenka called for approval of minutes:

• January 8, 2019
  Motion: Vice Chair Coia
  Second: Mr. Gomez
  Motion carried on a unanimous voice vote

3. SUBCOMMITTEE REPORTS

None.

4. “Discussion and action on decision for Vineyard Wind Coastal Zone Management Act consistency certification; CRMC File 2018-04-055; 800MW offshore wind farm”

Chair Cervenka began by saying that, due to the federal government time constraints, the Council would render a decision on the agenda item at this evening.

Mr. Fugate explained the application before the Council and the process by which Federal Consistency applications are reviewed by CRMC staff. Mr. Fugate explained that the applicant can submit voluntarily for consistency review which Vineyard Wind did and CRMC reviewed the project against its enforceable polities. Mr. Fugate explained that the Ocean Special Area Management Plan (OSAMP) gives Rhode Island more authority to review these projects in federal and state waters even with the project that is in federal waters off the coast of Martha’s Vineyard to protect RI fisheries where we could. Mr. Fugate stated that in the Federal Consistency review, once notice of intent is issued by the Bureau of Ocean Energy Management (BOEM), the state has six months to make a decision and it there is no decision after six months, the project is automatically approved. Mr. Fugate further explained that CRMC and Vineyard Wind entered into 5 stay agreements during the review process but that further stays were no longer an option so that Vineyard Wind could take advantage of the Federal Tax incentive. Mr. Fugate explained the appeal process and how it could affect the RI Fishing industry if CRMC were to give a conditional concurrence or nonconcurrence.

Vineyard Wind Team (Presentation to Council)

Attorney Dean Wagner of Schectman Halperin and Savage, LLC addressed the Council and meeting attendees stating that Vineyard Wind had been working with CRMC and the Fishermen’s Advisory Board (FAB) for the past ten (10) months and that all the documentation that Vineyard Wind has submitted to BOEM demonstrate that for federal consistency purposes, the project is consistent with the OSAMP’s enforceable policies. Mr. Wagner introduced two other team members for presentation: Maria Hartnett, Principal and Epsilon Associates and Lars Pedersen, CEO of Vineyard Wind.

Maria Hartnett, Principal of Epsilon Associates, presented on behalf of Vineyard Wind giving a brief
overview of the project and described some of the project’s fisheries monitoring plans. Ms. Hartnett stated that the project is 14 miles from Martha’s Vineyard, 41 miles from Little Compton and 50 miles away from Point Judith. Ms. Hartnett described the project as an 80-megawatt windfarm, using 84 of the largest wind turbine generators in the world, with electrical connection on Cape Cod using two submarine cables in one transmission corridor of Federal and MA state waters. Ms. Hartnett explained that through the review process Vineyard Wind was able to reduce the size of the grid like pattern layout by 20%. Ms. Hartnett explained that the foundations will be monopoles, there will be scour protection around each turbine, and each turbine with connect to an electrical service platform that will be in the vicinity. Ms. Hartnett stated that onshore construction is expected to start at the end of 2019 with offshore construction beginning in 2020 and start of commercial operations to being in the end of 2021. Ms. Hartnett stated that VW has a high degree of confidence that the cable will be buried appropriately to avoid the need for cable protection.

Ms. Hartnett also took a minute to explain the Fisheries Monitoring Plan designed by U Mass Dartmouth School for Marine Science (SMAST) to be consistent with the Ocean SAMP and will include input from both scientists and local fishermen in the form of the Fisheries Monitoring Working Group who will make all their data available to the public.

Lars Pedersen, Chief Executive Office of Vineyard Wind, briefly explained that Vineyard Wind hoped to be part of the clean energy industry creating new jobs and new infrastructure along the New England coast. Mr. Pedersen explained that Vineyard Wind understood the need to co-exist with other industries and that after FAB’s objection to the project, Vineyard Wind tried to find ways to accommodate fisheries within the restrictions that VW faced. With all the project changes that Vineyard Wind could attempt, it became clear that mitigation/compensation was the best solution for this project. Mr. Pedersen explained the compensation package which would include a 4.2 million direct compensation package with an upfront $1 million dollar funding and funding for the RI Fisheries Viability Fund run by the fishermen – all monies due at financial close. Mr. Pedersen closed by saying that he felt it was a good proposal and that he is happy that the FAB has agreed to it and looking forward to beginning the next phase of the project for the first offshore wind farm in the country.

Mr. Pedersen confirmed for Mr. Gomez that the bottom line of the funding from VW to fishermen would be 16.7 million dollars. Mr. Gomez also stated that he was concerned that there was no provision for loss of jobs for fishing industry support businesses. Mr. Pedersen stated that it was his hope that fishing will be able to continue and that Vineyard Wind will co-existing for a long time with the fishing industry.

Mr. Pedersen confirmed for Chair Cervenka that there were no restrictions on the funds in compensation proposal; fishing industry can use it at their discretion.

Chair Cervenka opened the floor for comments.

Comments from Opposition:

Katie Almeida of Town Dock in Point Judith.

• Objected to the proposed wind farm due to the lack of cooperation from Vineyard Wind regarding the fishing industry and the lack of fair compensation package due to the undervaluing of the fishing industry.

Patrick Duckworth

• Objected to the windfarm due to the lack of research done to understand the outcome of the project
  as a whole. Mr. Duckworth also did not agree with the compensation package as set forth.

Megan Lapp of SeaFreeze Limited

• SeaFreeze Limited has two shoreside facilities and 4 vessels
• Submitted a petition from the RI Fishing Industry with 170 signatures opposing the mitigation plan due to the undervaluation of their businesses.
• Seafood is the heart and soul of Rhode Island, The Ocean State
• Expressed concern that comments were not allowed at the February 23rd FAB Meeting.
• Requested that the CRMC reject the Vineyard Wind fisheries mitigation proposal

Mark Phillips

• Objected to the project as it is not in the best interest of the RI fishing industry
• Does not agree with mitigation package
• Concerned that the mortality rate from the project will adversely affect the fishing regulations
• Low frequency noise from wind turbines has negative effects on aquatic animals.

Joel Hovanesian

• Concerned that the coastal culture will be damaged;
• Concerned that a precedent is being set by consistency approval;
• Concerned that the process by which FAB is having meetings is not transparent;

Ian Parente

• Member of Sakonnet Point Fishermen’s association
• Objected to the process of review by FAB
• Objected to the compensation package as the agreed upon funding amount does not represent the entirety of what the industry will lose over 30 years
• Not all fishermen are in agreement of approval of compensation package

Luke Wheeler

• Spoke about the critical nature of the Right Whales
• Believes the review process wreaks of corruption

Chris Lee

• Works for SeaFresh USA – largest processor of Calamari in US
• Concerned that mitigation process did not consider comprehensive, adverse economic impact on the RI Seafood industry
• Concerned that a precedent is being set for undervaluation of our nation’s offshore resources
• Asked CRMC to reopen negotiations to include more in depth and inclusive economic impact metrics

Rich Fuka

• President of the RI Fishermen’s Alliance
• Also on Narragansett Chamber of Commerce, a founding member of Calamari Appetizer Bill as well as one of the founders of the RI Calamari Festival
• Concerned that the project will ruin the RI calamari industry
• Respectfully request deny the proposal
• Respectfully requests CRMC disbands fisheries advisory board and develop a new group with calamari representation

Jason Jarvis

• Fisherman, Pt Judith and Westerly
• Belongs to RI Fishermen’s Alliance Association
• Talked about economic value of fishing industry and expressed concern that the wind farms will decimate the fishing industry
• Concerned that we do not know enough about the effects of the farm on invertebrates.

Josiah Dodge

• Member of a Block Island family that has been fishing in RI since 1661
• Explained that they pay 24.5 cents a kilowatt hourly, where mainland pays 8 cents.
• Does not understand how the wind energy company can say that losing 8 miles of ocean bottom fishing is worth X amount of money; does not agree with settlement amount
• FAB does not represent him or his family
• Believes that Pt Judith and New Bedford will be completely destroyed economically

Jerry Carvalho

• Vice President of RI Fishermen’s Alliance
• Spoke about historical industry and how it has changed over the years
• Spoke about the reason for licensing – to exercise the rights of the people – being paid to harvest a resource to make it available for the rest of the state.
• Believes that wind mills will destroy the fishing industry
• Does not agree with substituting the production of electricity for the natural production of food

Bob Morris

• Expressed concerns for the damage that can be made through storms that destroy the wind farms

Tina Jackson

• Objected to the mitigation/compensation package due to the undervaluation of the industry and the potential loss of jobs
• Talked about the toxicity of magnetic dust (Neodymium Dysprosium) being emitted from each turbine

Hiedi Smith

• Asked for a moment of silence for fishermen lost in January
• Concerned about the safety of fishermen
• Fishing around wind farms is unsafe
• Asks for further research into offshore wind farms

Comment in Support:

Hank Webster

• Policy Advocate for Acadia Center – nonprofit research and advocacy organization committed to advancing clean energy
• Supports CRMC efforts for elevating the issue of climate change through the development of the Ocean Special Area Management Plan
• Acadia Center looks forward to working with all stakeholders to develop policies supporting the development of clean energy and renewable resources.

Norbert Stamps

• Commercial fisherman since 1972 to speak in favor of vote to concur
• Agree with all objections said here tonight and discouraged by the process
• Understood that if the compensation package set forth is not accepted, the funds would become less available to the fishermen by going into the General Fund of RI.
• Stated that the compensation package being offered would allow the fishing community to organize and work towards research, both scientific and economic for the betterment of the RI Fishing industry.

Grant Moore

• President of Atlantic Offshore Lobstermen Association
• Does not have a stake in this game but urged the fishermen to accept the mitigation package so that there will be funding to fight the next battle.

Nicole DiPaolo

• Thanked the CRMC for the work on the Ocean SAMP and for their role in the regulatory process for offshore wind development
• Need to transition to large scale renewable energy which is critical for meeting emission reduction goals
• Compensation fund monies should go to resiliency projects

Bill McElroy

• Thanked the Council for the OSAMP which allowed for the compensation package
• Agreed with other speakers
• Other New England states do not have the option of compensation
• Accept the compensation package as it gives the industry the opportunity to be resourceful

Fred Mattera

• Retired commercial fishermen – Executive Director of the Commercial Fisheries of Rhode Island
• President of the Commercial Fisheries Research Foundation
• Agreed with everything that had been said so far but still supports the mitigation plan
• The timeframes during this process were not enough to research and prove the appropriate worth of the RI Fishing Industry.
• If we do not accept this package, there is a possibility of getting nothing.
• The mitigation/compensation package will allow the fishing industry to get the right science and economic representatives
• It’s the industry against the wind farms.

Alex Kithes

• In support of the project
• Offshore wind is a necessary and effective part of a society-wide shift that we need to have in order to fish the problem of climate change
• Vineyard wind has done a good job in planning their project such that it minimized its negative affect on marine ecosystem
• Urge the Council to issue the consistency certification

Paul Beaudette

• Private Citizen who has been involved in environmental commissions for years
• In support of project and encourage the CRMC to move forward with this project
• The OSAMP is an important tool to use to show the offshore energy industry how and what needs to be done correctly under our purview
• If we don’t mitigate our climate change problems, the industry is going to change and no one is going to be able to bring it back.
• The climate is changing bringing tropical fish to the New England waters and moving other fish species north
• The turbines will not be blow over in storm events, not talking about oil rigs with large platforms
• Ask that the Council approve the consistency determination

Priscilla Brooks

• Conservation Law Foundation (CLF)
• Spoke about saving the North Atlantic Right Whales
• CLF has long supported responsibly developed offshore wind energy
• The transition to clean energy economy is necessary to combat the impacts of climate change
• Need to make sure that science based measures that avoid, minimize, and mitigate the impacts on wildlife and habitat are in place
• Vineyard Wind recently agreed to a landmark set of commitments with CLF, Natural Resources
• Defense Council and National Wildlife Federation to protect North Atlantic Right Whales during construction and operation of the project
• CLF believes that federal consistency certification should be granted.

Greg Mataronas

• Fisheries Advisory Board
• Agree with everything that has been said here so far
• I support this mitigation package so we can be better prepared for the next time
• Huge win that the funds will not go into the RI General Fund and can be managed by a board of trustees made up of fishermen and other people knowledgeable in the arena

Michael Marchetti

• Fishermen’s Advisory Board Member
• We worked long and hard on the industries behalf
• At all meetings we listened to you and accounted for what was said about the various industries
• It’s against us through Commerce, through BOEM and even the top end of the State of RhodemIsland
• We need funds to go forward and protect and defend ourselves for the next projects that come along
• Unfortunately the offshore wind energy industry in New England is not going away and this
• compensation package is a step forward for the industry to protect ourselves so we can be better prepared next time

Al Eagle

• Agree with everything that has been said so far
  The process is not flawed and he attended all the meetings
  The negotiations were tough and the board fought hard for the entire fishing industry
  Due to time constraints the vote has to be tonight and he urged to vote for the project as is and
  accept the package

James Violette

• Commercial fisherman out of Newport
• Agreed with everything that the people opposed said
• The mitigation amount is grossly unfair but we need to keep fighting and we need money to do that
• Urged the Council to vote in favor

Greg Mancini

• Representing a group called Build Rhode Island – contractors and construction trade unions
  This is a unique opportunity to provide clean energy and for Rhode Island to be an industry leader.
  We believe it will create a large amount of good paying jobs that will be given to local tradesmen
  and women
  Projects like this will allow for more jobs and clean energy

Mike Sabitoni

• President of RI Building and Construction Trades Council
• Agrees with much of what was said tonight but here to lend his support to the project
• Represent and commend blue collar workers for the hard work to provide for families and community
• The energy situation in this area of the country is at a critical state
• Recommend taking what is being given as compensation and organize to use that influence so that the upcoming projects have the lease amount of impact on your industry so that both industries can co-exist.
• Offered the assistance of RI Building and Construction Trades

Amber Huitt

• National Wildlife Federation
• In support of this project as it is essential to advance large clean energy solutions at a scale that measures up to the climate change challenge before us.
• National Wildlife Federation support is conditional in regards to preventing the worsening species extinction
• After a year of negotiations between Vineyard Wind and other environmental organizations, we feel that the North Atlantic Right whale can co-exist with the offshore wind farm.

Lisa Petri

• Climate justice activist
• Spoke of the need to phase our fossil fuels within the next decade or two and cut our consumption of energy
• Offshore wind is necessary but must be built responsibly

Nathan Carpenter

• State Coordinator for RI Progressive Democrats
• In favor of project due to the need for clean energy to combat climate change
• Would like to learn more about the fishing industry

Monica May

• Understands both sides of the this issue and places equal importance of each side
• Feels that there is a time constraint with the impact of climate change
• Feels there is 10 years left to stop the irreversible climate change damages
• Everyone must get together to approach the problems of climate change as a family
• Support the moving forward with the wind farms.

Todd Sutton

• Commercial Fisherman out of Newport
• Thanked the FAB for the efforts involved with an impossible position with negotiations and that they did the best they could for the industry
• Does not like the deal but agree that it has to be approved
• We need the funding to fight for the survival of the fishing industry in the future.

Kevin Sullivan

• Lobster, gill net, Sakonnet
• Don’t think the RI fishermen need to take the blunt of climate control in general
• We are doing our share and he does not believe that we can co-exist
• Does not want to see one turbine in the water
• But we need to accept this compensation package to fight the next one
• The fishing industry needs to get tighter and more organized.

Chair Cervenka asked Lanny Dellinger, Chair of the Fishermen’s Advisory Board, to present on their behalf:

Mr. Dellinger read from a statement. He began by stating that the Fishermen’s Advisory Board was tasked with reviewing the mitigation package provided to the fishing industry and making a recommendation to the Council about whether that mitigation is consistent with the enforceable policies of the Ocean SAMP. Mr. Dellinger explained the process by which the board negotiated the compensation package before the Council for inclusion in the consistency determination. Mr. Dellinger stated that the FAB recommended consistent structure of payments and the dollar amounts as spelled out in the February 15th Term Sheet attached to the minutes of the meeting on February 23rd, 2019. Mr. Dellinger also stated that instead of the Ocean SAMP Fisheries and Wind Energy Fund, there will be the creation of the Rhode Island Fishermen’s Future Viability Trust which will be a trust independent of the State of Rhode Island with trust funds that can be direct by a trust board selected by the fishing community. Mr. Dellinger stated that along with the recommendation of the mitigation package, the FAB also recommended that as part of any concurrence the CRMC specifically reference the February 22, 2019 settlement agreement executed outside the federal consistency review process between Vineyard Wind and CRMC and all the attachments in the State’s consistency letter. Mr. Dellinger also asked that the fishing industry will have input before any proposed changes to the Ocean SAMP are finalized.

As there were no questions for Mr. Dellinger from the Council, Chair Cervenka closed the comment period.

Chair Cervenka asked Mr. Fugate to clarify some concerns and questions that were raised.

Mr. Fugate explained the three actions the Council could take:

Concurrence

Conditional Concurrence to push for a greater amount would force Vineyard Wind to treat this option as an objection which would then be appealed to the Secretary of Commerce. Any Agreement or mitigation fund for the trust fund would be overturned and the industry would receive no compensation. Objection would again be appealed to Secretary of Commerce

Mr. Fugate stated that he had a tremendous amount of respect for the FAB members and stated that without the OSAMP there would not be a board to fight for the fishing industry. Mr. Fugate also stated that the opportunity to be put on the board was put out to the entire industry and that he believed the FAB members do a great service to the State of Rhode and should be commended.

Mr. Fugate explained that the side agreement is put in place to make sure that the trust goes forward under any circumstances and that Vineyard Wind will finance the FAB to hire a trust attorney.

Mr. Fugate stated, based on everything that the Council Staff has looked at, all the enforceable policies of the Ocean SAMP; based on some representations that have been made by Vineyard Wind in terms of the direct compensation fund being set up; in terms of the preconstruction monitoring being completed prior to the construction of this; and based on representation of Vineyard Wind that any future projects will be east-west with 1 nautical mile between each structure, staff recommends concurrence with this project.

No questions from Council.

Mr. Fugate confirmed for Chair Cervenka that CRMC has been reviewing the consistency determination for over a year through a series of meetings and negotiations with Vineyard Wind and BOEM.

Chair Cervenka thanked Mr. Fugate and everyone else from his staff for facilitating the process. Chair Cervenka also thanked Mr. Dellinger for working with CRMC through the process.

Vice Chair Coia also thanked Mr. Fugate and staff on their time, effort and dedication to the Council and their jobs.

Mr. Fugate personally thanked his staff Jeff Willis, David Beutel, David Reis, Danni Goulet, Justin Skenyon and especially James Boyd for all his efforts putting all the documents together.

Chair Cervenka framed the motion: Based on the side agreement dated February 21, 2019; the representation of Vineyard Wind that it will establish a direct compensation fund of $4.2 million as has been set forth in the mitigation proposal term sheet dated February 15, 2019; representation by Vineyard Wind that it will complete the commercial fisheries monitoring plan for a full year prior to construction in offshore waters; representation that Vineyard Wind has made to CRMC staff and FAB that all future offshore wind development within the BOEM leased area OCS-A-0501 will be oriented in an east-west alignment with 1 nautical mile spacing – Chair Cervenka made a motion to find concurrence with the Vineyard Wind Certification and have CRMC staff enter that document on behalf of the Council by the date of March 1, 2019.

Motion was seconded by Vice Chair Coia.

Mr. Gomez expressed his concern regarding the impact on the fishing industry due to development of offshore wind farms, but agreed that the support of the motion was the appropriate action.

Mr. DeSisto called a Roll Call Vote:

Mr. Sahagian Yes Mr. Gomez Yes Vice Chair Coia Yes Ms. Collie Yes Ms. Reynolds Yes Mr. Gagnon Yes Ms. Montanaro Yes Chair Cervenka Yes

Vote is unanimous

9. ADJOURN

Motion to Adjourn:
Motion: Mr. Sahagian
Second: Chair Cervenka
Motion carried on unanimous voice vote.

Meeting adjourned at: 9:40 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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