Committee sets March 1 to vote on suspension of wind siting rule

From the American Wind Energy Association (AWEA):

The Joint Committee for Review of Administrative Rules (JCRAR) has now scheduled a special meeting on March 1st to consider suspending the PSC128 Wind Siting rule that our industry worked on in 2009-2010 that are scheduled to take effect on March 1st. If the JCRAR suspends the PSC128 rule, before it otherwise would take effect that same day, we will be back where we started two years ago on wind siting reform in Wisconsin.

Gov. Walker trying to subvert property rights

From a guest column by Mark Hirsch of Platteville in the Dubuque Telegraph Herald:

In 2009, after years of acrimonious debate regarding the impact of wind-energy facilities on local communities, the Wisconsin Legislature directed the Public Service Commission to review public concerns, scientifically analyze the issues and develop guidelines for uniform wind-siting regulations throughout the state.

This lengthy process culminated in the creation of PSC-128, a set of rules drafted to create a level playing field for developing our wind resources while still protecting the health and safety of our citizens and neighbors.

The Legislature's Joint Committee for Review of Administrative Rules held a public hearing Feb. 9 about PSC-128. I attended with hopes of sharing my voice on this controversial issue, but due to the large turnout, I did not get a chance to speak. Like many Wisconsin residents, I am strongly opposed to Gov. Walker's efforts to stop the development of wind energy in Wisconsin.

Gov. Walker attempted to subvert this set of rules in January by introducing language in his reform bill to radically alter the siting parameters set by PSC-128. The resulting legislation, SB-9, failed Advertisement

to receive any support during the governor's special session. As a result, the governor is trying to subvert these rules again by putting it before the Joint Committee for Review of Administrative Rules. This is not standard operating procedure.

The governor claims that his modification will protect property owners' rights. Under the guise of protecting property owners' rights, what he is really doing is bowing to a special-interest group (the Wisconsin Realtors Association).

An important fact that Gov. Walker is overlooking when he says his rules will protect property owners' rights is that he seems only interested in protecting the rights for those who are neighbors to a wind farm. He needs to argue for the rights of all landowners.

What about the rights of the landowners who support these developments and want the wind farm on their property? These people have paid taxes, farmed their land and, in many cases, sold off small housing parcels to their neighbors. Now the governor wants to empower the neighbors and a minority of landowners with the authority to tell the large property owners what they can do with their land?

Fond du Lac County says wind farms support agriculture and local businesses

From a letter to the Legislature's Joint Committee on Administrative Rules from Fond du Lac County in support of PSC proposed wind siting rules, not the rules proposed by Gov. Scot Walker:

Utility scale wind farms in Wisconsin have meant a lot to local
businesses. Farmers that want to continue working their farmland have additional income to support their operations. Land rental payments for turbine sites bring farmers $5,000 each year for each turbine site. Farmers invest these dollars, $829,900 in 2010, into growing crops or their dairy herds. One of our local contractors, Michels Corporation of Brownsville, Wisconsin, has been the prime contractor in several utility scale wind farms. Michels was the prime contractor and paid living wages to just over 200 employees in the Fond du Lac/Dodge County area during the construction of the Forward Energy Center and the Blue Sky/Green Filed wind farm. Michels was also part of the construction team for both Butler Ridge and Glacial Ridge projects elsewhere in Wisconsin. Michels has been in discussions with 4 other wind developers each with 100 MV projects around Wisconsin.

Montfort Wind Farm helps local business

A note from a kind reader in the Montfort area:

Tower Junction Restaurant and Bowling Alley is entirely based on the wind turbine towers. He has a small kiosk outside that describes the Montfort Wind Farm. His placemats at his business features interesting facts about the Wind Farm. He has small scale turbines there too. He has exploited the whole turbine farm and built a successful business and tourist attraction. He gets all kinds of people coming in to visit the Tower Junction theme. Try to talk negative in there, and the locals will look at you like you are nuts.

Wisconsin rules CapX 2020 transmission project app incomplete

From an article by Sarah Elmquist in the Winona (MN) Post:

A portion of the proposed CapX2020 electric transmission lines that would connect Alma, Wis. to a substation near Holmen, Wis. hit a snag this week, after the Public Service Commission (PSC) of Wisconsin determined the lengthy application was incomplete. The PSC included dozens of detailed requirements for information and documents that need to be added to the application for the project to be considered, including areas in the application where environmental review was deemed insufficient, where greater information was needed, and where the utilities need to further explore the ways that efficiency programs might change electricity use projections.

Two possible routes have been proposed for this portion of the CapX2020 project. One would run along the Mississippi River from Alma, Wis., to the La Crosse area. The other would travel from Alma east to Arcadia and then south to La Crosse.

Fond du Lac County, host of 168 wind turbines, supports PSC siting rules

Testimony of Sam Tobias
Director of Planning and Parks
Fond du Lac County

Before the Joint Committee for Review of Administrative Rules
February 9, 2011

(starts at 3:45:30 pm on Wisconsin Eye)

Thank you for the opportunity to speak before you today -- chairs and committee members as well.

I’ve been with Fond du Lac County for 25 years in a couple of different roles but at this point I’m with the county planning and parks director. You have to know just a bit about Fond du Lac County to understand where I’m coming from and what’s been happening in Fond du Lac. In our county we do not have county zoning, every town in our county, all 21, each has their own individual zoning ordinance. They administer their zoning ordinances. At times, with wind siting issues especially, they depend heavily on their attorney, and they all pretty much use the same attorney. They’ve come up with pretty much the model that’s being used in the PSC rule. And it’s worked very well, and that’s my point here today is we’ve been a test-bed so to speak in Fond du Lac.

The program has worked in Fond du Lac County. Why do I say that? The six town boards in Fond du Lac County that are the six towns that are host to wind turbine projects are all still in place. If this were truly a monumental issue, and truly had widespread health effects, and hazards, nature hazards, those types of things, I don’t think those six town boards would be in place today, but they are.

We’re home to three major utility scale wind turbine projects -- 168 turbines, 268 MW of electricity capacity. Again, the towns, the 8,000 to almost 9,000 town residents, that are involved in these facilities. We don’t have 8,000 to 9,000 people here today protesting against the rules. There are people with concerns, but it’s not the majority by any stretch of the imagination.

Town government took the lead, as I said previously. In permitting, in regulating wind farms in Fond du Lac County and I think they’ve done a very great job. Again, our setbacks are very similar in our towns as to what’s in our state rule. Utility-scale wind farm in Wisconsin mean a lot to local businesses -- from the sandwich supply lunch truck, that comes out to construction sites, to Michels Corporation in Brownsville that’s got 200 people that have been involved in developing wind projects in our county and elsewhere around the state. By their estimations, there are probably four projects out there that are being discussed and are in the works, 100 MW or more each, so there’s projects queued up that need some predictability in outcome, and that’s what this rule does.

I’ll go back to creating a level playing field. This is the same kind of thing that the Wisconsin Realtors Association asked for in ’99 and 2000 – the Wisconsin Smart Growth law. I’m a planner so I supported them in those efforts and that was a big thing that they really wanted. They wanted a level playing field. And I think in this situation, the same rule applies, the same situation applies. Let’s provide a level playing field. We’re not going to have turbines in every corner of the state of Wisconsin. These companies are going to go where the resource is. The resource is fairly limited in our area. . . .

Committee takes no steps to ban wind turbines

RENEW Wisconsin submitted the following statement at the public hearing of the Joint Committee for the Review of Administrative Rules on wind siting rules (PSC 128).

Governor Walker and legislative leaders reportedly will seek a change in the rule when the governor appoints a new chair of the three-person Public Service Commission when Commissioner Mark Meyer's term expires March 1. With no legislative action, PSC 128 will become effective on March 1, 2011, and will remain in effect until changed by the PSC.

Good morning, my name is Michael Vickerman. I am here to represent RENEW Wisconsin, a nonprofit advocacy and education organization based in Madison. Incorporated in 1991, RENEW acts as a catalyst to advance a sustainable energy future through public policy and private sector initiatives. We have over 300 total members, and more than 60 businesses around the state, including Biogas Direct (Prairie du Sac), Bleu Mont Dairy (Mount Horeb), Bubbling Springs Solar (Menomonie), Crave Brothers Farm (Waterloo), Convergence Energy (Lake Geneva), Emerging Energies (Hubertus), Energy Concepts (Hudson), Full Circle Farm (Seymour), Full Spectrum Solar (Madison), GDH, Inc. (Chilton), H&H Solar (Madison), Kettle View Renewable Energy (Random Lake), Michels Wind Energy (Brownsville), North American Hydro (Neshkoro), Northwind Renewable Energy LLC (Stevens Point), Pieper Power (Milwaukee), Organic Valley (LaFarge), Quantum Dairy (Weyauwega), Renewegy (Oshkosh), and Seventh Generation Energy Systems (Madison).

On behalf of all our members that have an interest in wind generation, RENEW Wisconsin took the lead in bringing together diverse groups and companies and forging a broad and bipartisan coalition to support legislation establishing statewide permitting standards for all wind generators in the state of Wisconsin. The fruit of that labor, 2009 Act 40, was signed into law in September 2009.

I am here today to encourage this Committee to take no action on the PSC 128 rule that is scheduled to take effect on March 1st. The Commission's rule is a good-faith compromise that balances the state's interest in promoting a preferred energy resource with the interests of neighboring landowners.

The PSC rule will provide wind energy developers with regulatory certainty -- a clearly defined set of requirements which they must comply with in order to obtain a permit. Such stability and clarity in the wind permitting arena has been absent from Wisconsin for the last 13 years, which, more than any other reason, explains why Wisconsin utilities own more wind generating capacity in Iowa and Minnesota (329 MW) than they do in Wisconsin (235 MW).

I would like this committee to consider the following points:

Scientists see no basis for turbine 'infrasound' health problems

From an article by Jim Dulzo on the Web site of Michigan Land Use Institute:

. . . when they could not find an independent organization willing to underwrite such a study, they paid for it themselves. AWEA [American Wind Energy Association] and CanWEA [Canada Wind Energy Associaiton] assembled eight scientists and doctors to survey the available scientific literature on the known health effects of living near wind turbines.

Collectively, the eight have strong research or clinical experience in public health, otolaryngology, noise-induced hearing loss, balance and hearing disorders, clinical medicine, audiology, infrasound acoustics, industrial sound pathology, wind and turbine physics, and turbine sound measurement and siting.

Their review of 140 different studies and papers issued in 2009, largely from Europe, where wind farms are common and located quite close to residential areas, is called Wind Turbine Sound and Health Effects; An Expert Panel Review.

The panel points out that the environment and our bodies are awash in infrasound, much of it naturally occurring. It finds Dr. Pierpont’s list of maladies too poorly characterized to be medically useful. It finds a markedly stronger correlation between subjects’ claimed turbine syndrome symptoms and their initial attitudes toward turbines than between their symptoms and their level of exposure to turbine sounds.

Windpower opponents quickly attacked the industry funded findings as biased, something that Mike Klepinger, who formerly worked at Michigan State University Extension Service, where he wrote the agency’s wind turbine siting guidelines, says is not surprising.

“Of course, whenever you invite industry into a panel, the whole panel becomes suspect,” Mr. Klepinger said in an interview with Great Lakes Bulletin News Service. “They say, ‘It couldn’t possibly be operating scientifically.’ But you look at the who’s who on the [panel] list, and you kind of have to give the industry an A-plus for trying to make the panel objective.”

Their three major conclusions:

•  “There is no evidence that the audible or sub-audible sounds emitted by wind turbines have any direct adverse physiological effects.
• “The ground-borne vibrations from wind turbines are too weak to be detected by, or to affect, humans.
• “The sounds emitted by wind turbines are not unique. There is no reason to believe, based on the levels and frequencies of the sounds and the panel’s experience with sound exposures in occupational settings, that sounds from wind turbines could plausibly have direct adverse health consequences.”

Proposed wind-energy ban threatens Cashton wind project

From an article by Kevin Lee in The Daily Reporter:

MADISON — Local contractors seeking to build a new wave of wind energy sites are still holding their collective breath.

Gov. Scott Walker has put the brakes on legislation to push back the minimum distance between wind turbines and property lines, but a joint legislative committee may take up the matter on Wednesday.

Wes Slaymaker, who is helping to construct the Cashton Greens wind energy site in Monroe County, said Walker's legislation would have disrupted proposed projects preparing for construction.

"As (the proposal) was written, it was kind of a moratorium on wind (energy) in the state. So I guess there is still a bit of a cloud, but now the cloud has moved over to the edge of the horizon, it's not right over the top of our heads," he said.

As of now, a state rule that takes effect in March will establish that wind sites must be 1,250 feet away from property lines. Walker wanted to push that distance back to 1,800 feet, which energy wind advocates say would be among the most restrictive limits in the country.

The tougher siting restriction, one of the proposals the governor pushed as part of his special session to improve the state's economy, has not received a public committee hearing, a typical first step for new legislation.

"We'll pursue action with the Legislature outside of the special session," Walker said. "But again, I want to see the wind industry like any other industry be able to be effective here in the state of Wisconsin. I just want to find a way to balance that with the needs of individual property rights in the state as well."

Gov. Walker's office to keep pushing new wind turbine rules

From a story on WTAQ, Madison:

MADISON, Wis. (WTAQ) - Governor Scott Walker’s office says it will keep trying to limit the locating of new wind energy farms in Wisconsin – even though his own Republicans in the Legislature are not going along with it for now.

Spokesman Cullen Werwie says Walker will try to get the state Public Service Commission to adopt his proposal. That’s after Republican legislative leaders said they wanted more time to review the impact.

Walker wants wind turbines to be at least 1,800 feet away from neighboring homes, instead of the current 1,250 feet. The Wisconsin Realtors Association pushed for the change.

Walker said it would help property owners who say the turbines cause too much noise and flickering light. But the wind energy industry says it would be the most restrictive setback in the nation – and they’re calling it a de-facto ban on new wind energy projects.

The group Renew Wisconsin says it could put up to $1.8 billion worth of future wind projects in jeopardy. And Denise Bode of the American Wind Energy Association said it would make a mockery of Walker’s claim that Wisconsin is “open for business.”