TOWN OF SMELSER, Wis. -- To paraphrase a southwest Wisconsin lawmaker, now the devil is in the details.
On Wednesday, Gov. Jim Doyle signed a bill that calls for state regulators to come up with statewide rules for wind farms.
The state Public Service Commission's rules will trump any local ordinances, including several moratoriums enacted by the Smelser Town Board of Trustees.
A moratorium enacted on June 8 resulted in charges being brought against Arnie Rawson, of rural Platteville, and Robert Droessler, of rural Cuba City, for violating open meetings law. They are accused of taking action on a matter without public notice.
"It was a minor mistake, we tried to rectify it (at our next meeting), and we couldn't, according to state law," Rawson said. "It's happened before in other places. It's no new thing."
The board later went on to enact a moratorium in August on the White Oak wind project that includes parts of Smelser, Hazel Green and Paris townships. However, Senate Bill 185 and the ensuing action by Doyle to enact a uniform
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Wind developers say local officials have created a patchwork of regulations across the state that are so restrictive they are suffocating their projects. Local leaders say they are just looking out for people's health.
The bill requires the Public Service Commission to establish uniform standards regulating the construction and operation of wind energy systems.
Opponents of the White Oak project say they weren't surprised by Doyle's action because he has always said that he would sign such a bill. The governor's goal includes generating 25 percent of the state's electricity and 25 percent of vehicle fuels from renewable sources by 2025.
They add that siting has and always will be the main concern of numerous Smelser Township residents. Some seek a 1,800-foot minimum setback requirement (as opposed to the proposed 1,000 feet -- about the equivalent of three football fields) to minimize what they call the "noise, safety and health risks" to their families and their houses. Others cite concerns about falling property values because of the size and location of the towers, usually as high as 400 feet.
Rawson has served on the board for 16 years.
"I am careful to hear both sides of the story," Rawson said. "There are people for, against and who don't care. My theory is if we have some standards or guidelines, it will protect our township from someone coming and saying, 'Do it our way or else.' "
White Oak developer Wind Capital Group supported the initiative for statewide uniform siting.
"It ensures Wisconsin will have a renewable energy standard, much like Iowa has," said Tom Green, project development manager. "I think the PSC will try to get as much information as it can, come up with a regulation that protects people and promotes renewable energy."
Green noted that Wind Capital has a number of projects, including Smelser, that the company is "actively" moving forward with, including environmental studies. The goal is developing more wind-generated electricity in Wisconsin.
Ron Brisbois, Grant County Economic Development director, said the new law will allow communities to plan, and give wind developers the freedom to create wind farm strategies.
"They will have stability. They will be free of some of the uncertainty caused by irrational fears and things like that," Brisbois said. "I'll be curious to see now soon the commission acts. I hope it's quickly."
Smelser Township, Rawson noted, is in a "stall" mode.
"We are waiting to see how the commission will handle the standards," he said. "There are a number of issues, including setbacks and health. I know Gov. Doyle wants uniform guidelines and standards set throughout the state. There's a lot of confusion out there."
Things should be clearer in the near future, according to Kim Egan, a Cuba City-area native who recruited Wind Capital Group to consider the area.
"It's the right step," he said of the legislation. "There are more steps. But finally it brings clarification to a municipality, a township or a county."
