WISC SETS WIND BUILD RULES

PSC: Finalizes wind siting rules
Teresa Weidemann-Smith, August 30, 2010 (Wisconsin Business)

"The Public Service Commission of Wisconsin…[has completed its] administrative rules governing the siting of wind turbines in Wisconsin. The rules were drafted in response to 2009 Wisconsin Act 40, recently-enacted legislation directing the Commission to promulgate rules that specify the restrictions local units of government may impose on the installation or use of wind energy systems…

"The Commission’s rules will function as a uniform ceiling of standards to guide the local regulation of wind siting, operation, and decommissioning for projects less than 100 megawatts in generating capacity. The rules specify how a political subdivision can establish setback requirements, noise and shadow flicker standards, and mechanisms that give non-participating landowners a stake in wind energy projects sited in their area…"

The new rules will move Wisconsin toward realizing the revenue benefits of its New Energy goals. (click to enlarge)

"…[1] At least 90 days before filing an application, the wind energy system owner must give notice to landowners within one mile of proposed wind turbine locations…[2] A political subdivision can require wind energy systems to be sited and operated in a manner that does not exceed 45 dBA during nighttime hours and 50 dBA during daytime hours. Noise limits will be measured from the outside wall of non-participating residences and occupied community buildings…

"…[3] A political subdivision can require wind energy systems to be sited and operated in a manner that does not cause more than 30 hours per year of shadow flicker for non-participating residences or occupied community buildings…[If it causes] more than 20 hours per year of shadow flicker, a political subdivision can require the wind energy system owner to install mitigation measures…at the expense of the wind turbine owner… [4] A political subdivision can impose minimum safety setbacks of 1.1 times the maximum blade tip height of a wind turbine for participating residences, non-participating property lines, public road rights-of-way, and overhead communication and electric transmission or distribution lines…[and] up to 3.1 times the maximum blade tip height…for nonparticipating residences and occupied community buildings…"

The new rules will move Wisconsin toward realizing the job benefits of its New Energy goals. (click to enlarge)

"…[5] The rules allow…[requirements of] monetary compensation to non-participating landowners located within one-half mile of a wind turbine site…[that may not] exceed 25% of the payments being made to a landowner hosting a wind turbine…[and, 6] rules establish complaint resolution requirements…[and a review process] appealable to the Commission.

"The Commission’s action…[ends] six months of intense work in developing uniform wind siting rules for Wisconsin…The Commission’s rules now head to the Legislature, where the presiding officer of each house will have 10 days to refer the rules to a standing committee for review."