Committee Votes to Suspend Wind Turbine placement Rule

On Tuesday a legislative committee voted to suspend rules adopted by the state Public Service Commission last year regarding the placement of wind turbines.

The vote came in 5-2 by the joint committee that reviews administrative rules. This means there are now no statewide standard in place governing setbacks of wind turbines.

In a debate that has pitted economic development opportunity against concerns about property rights, wind energy supporters argued in favor of the rule. Critics of the wind powered projects contended that the setback of wind turbines was not restrictive enough.

The PSC rule was finalized in December and would have been in effect Tuesday if the note had not passed.

The full Legislature must now follow up on the committee’s vote by passing a bill to throw out the PSC rule. A bill under construction would send the issue back to the PSC for revision, giving the agency seven months to have the revision completed.

Republican Sen. Leah Vukmir said the PSC rule was tantamount to “a government sanctioned taking because it reduced the value of property for nonparticipating landowners without their consent and without compensation.”

Representative, Fred Kessler notes that all energy choices are controversial, including older sources such as coal and it’s important for the state to support the development of wind energy. “This is the next generation of technology,” said Kessler, “why would we not be supporting this when companies will go to another states if these rules are suspended.”

The American Wind Energy Association said the PSC rule was restrictive enough, given that it set specific noise limits and restrictions on shadow flicker in addition to turbine distant setbacks.

“These rules were developed collaboratively by the wind energy industry and all major stakeholders in Wisconsin,” said Jeff Anthony, director of business development at the American Wind Energy Association and a Wisconsin Resident.

But Bob Welch, a lobbyist for the Coalition for Wisconsin Environmental Stewardship, which represents groups that have been fighting wind projects, said his constituents need a "fair hearing" at the PSC. "As far as those who want to build wind turbines in Wisconsin, all they've got to do is treat their neighbors fairly," Welch said. "Property rights need to be protected."