Local laws leave wind farms in Wisconsin out to pasture

Lawmakers will rally again for statewide regulations on wind farm development in the upcoming legislative session, and, if the standards pass, local regulation could be a thing of the past.

“We will push for the (Public Service Commission of Wisconsin) to create uniform standards and regulation of wind energy for all projects,” said Curt Pawlisch, an attorney with Cullen Weston Pines & Bach LLP, Madison. Pawlisch is revising wind farm standards that failed to get out of legislative committees last session.

“I wouldn’t say local regulations would be for naught,” he said, “but the PSC would determine what works and what doesn’t.”

And that could mean the state getting final say on any wind project.

For some, it’s encouraging news. Mike Donahue, executive vice president of Midwest Wind Energy in Chicago said statewide rules would help Wisconsin attract more wind farm projects because clarity and consistency in law is the key.

“In Wisconsin, (laws) vary so wildly,” Donahue said. “Oftentimes, they will change on you in the middle of the development process.”

And with the state scrambling to reach its goal of obtaining 25 percent of its energy from renewable resources by 2025, state officials are increasingly wary of local obstacles.

Wisconsin’s biggest competitors for wind farm projects are Iowa and Minnesota, both of which have statewide rules and permitting systems, Donahue said. Localized control of wind farm legislation in Wisconsin puts the state at a competitive disadvantage, he said.

“That’s sort of the great irony of Wisconsin,” he said. “You have an excellent state policy framework that supports wind energy development, but you don’t necessarily have that kind of support at the local government (level).”

Carla Vigue, spokeswoman for Gov. Jim Doyle, said the governor is a big supporter of renewable energy and wind farm development. She wouldn’t say whether Doyle would sign legislation establishing statewide standards for wind farm siting, since it’s still too early to tell what kind of shape the bill could take.

“He’d want to look closely at whatever came across his desk,” Vigue said.

Several municipalities have enacted their own wind farm development ordinances.

Trempealeau County Board Chairwoman Barbara Semb said county residents put a lot of time and thought into the siting ordinance the board approved last December.

The law, which passed on a close vote, said farms had to be developed at least one mile from neighboring residences, schools, hospitals and businesses; however, property owners could agree to have turbines built closer to buildings on their property.

“I feel we’ve really done a good ordinance,” Semb said, “and I would really like to hold on to our ordinance.”

Outgoing state Rep. Barbara Gronemus, the Whitehall Democrat who oversees the Trempealeau district, said, while the state should push for rules, it walks a fine line with local governments.

“But there are times when we have to mandate procedure,” said Gronemus, who decided not to run for re-election this fall. “Municipalities get their undies in a bundle for no reason, and we have to step in. The fact is we’re going to have to generate more electricity in this part of the state.”

Manitowoc Mayor Kevin Crawford, a supporter of wind energy, said state rules could end the bickering by cutting through divisive local politics that can kill wind farm projects.

Having wind farm-friendly rules statewide would be a boon for Manitowoc because they would help two local companies — Tower Tech Systems Inc., which manufactures the poles upon which turbines perch, and The Manitowoc Co. Inc., which manufactures cranes used to erect turbines.

“If the state can make it a free-trade zone for wind, that takes the local politics out of it and, to be honest, I think (local officials) will be happy to say, ‘It’s out of my hands,’” Crawford said.

Pawlisch agreed.

“The typical town or county board member didn’t sign up to be an expert on siting standards and issues,” he said.

But it doesn’t mean the debates lack intensity. The Calumet County Board’s approval of a wind farm ordinance – passed on an almost 50-50 vote — created lasting political and personal rifts, said Board Chairman Bill Barribeau.

Barribeau said it would be a luxury to avoid that kind of conflict, but said he doesn’t have strong feelings for or against statewide rules.

Calumet County’s new wind farm rules were approved in the middle of Midwest Wind Energy’s planning to develop the Stony Ridge wind farm on 8,000 acres in the county.

The company has since expanded its plans from less than 100 megawatts to up to 140. Donahue said plans call for about 70 wind turbines, which could be built using Tower Tech and Manitowoc Co. products. The larger plan means the PSC will regulate the project; county regulations would have limited the development to 10 or 12 turbines, he said.

“As to what the actual regulations are, that’s important,” Donahue said. “But what’s more important is knowing what they are and knowing they are not going to change in the middle of the development process.”

Pawlisch said he hopes the Legislature puts together a group of stakeholders with varying opinions on wind farms as it draws up legislation in the next session. He said while some residents are opposed to turbines, state officials need to balance those concerns.

But he also said the state can’t bow to pressure from wind farm opponents.

“On the last count, there were 600 megawatts of wind energy in Wisconsin stalled or foreclosed upon because of local ordinances and delays,” Pawlisch said. “Putting one turbine up is about a $4 million investment. You do the math on what the state’s losing out on.

“If we’re missing out on any kind of economic development in this climate, people are going to have to take a good look at themselves in the mirror.”

by Sean Ryan and Paul Snyder

The Daily Reporter

dolanmedia.com

20 November 2008

Tags: Wind power, Wind energy

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