Better Plan, Wisconsin

NOTE FROM THE BPWI RESEARCH NERD:

Here's a preview of what the PSC is thinking about in terms of wind siting rules for our state as of June 2011

Better Plan's take on the proposal? Not nearly protective enough.

PSC'S STRAW PROPOSAL FOR WISCONSIN WIND RULES

Setbacks:

• · Establish stricter noise standard of 45 dBA day and night.
  • o   Note: A difference of 5 dBA is noticeable; a difference of 10 dBA would be perceived as half [again] as loud. 
  • · Establish single shadow flicker limit requirement of 30 hrs/yr.
    • o   Eliminate second tier shadow flicker mitigation requirement.
    • o   Shadow flicker limit cannot be met through mitigation measures like blinds & plantings.
    • ·       Establish a default setback of 1500 feet from nonparticipating residences and occupied community buildings.
    • ·       Performance standards must always be met (unless waived); if project can prove it will meet strict noise and shadow flicker requirements, can site closer than default setback.
    • ·       Keep 1.1x maximum blade tip height setback to nonparticipating property line, even if performance standards could be met at that distance.
    • ·       Summary:  Political subdivision can require proposed project to meet noise limit of 45 dBA day and night and shadow flicker limit of 30 hr/year, and can require project to either:
      • o   (1) Use default setback of 1500 feet from nonparticipating residences and occupied community buildings, or
      • o   (2) If project can show it will meet the noise standard of 45 dBA day and night and 30 hour/yr shadow flicker limit at a closer distance, can site closer than default setback.

Enforcement:

• · Through complaint process set forth in rules:
  • o   A political subdivision reviewing a complaint about noise or shadow flicker can order a wind energy system owner to use measures set forth in PSC protocols to determine whether noise & shadow flicker requirements are being met.
  • o   If a political subdivision finds the noise and shadow flicker requirements are not being met under normal operating conditions, it can order a wind energy system owner to modify the operating characteristics of the turbine(s) in question to the extent necessary to meet noise and shadow flicker requirements. 
  • · Landowners affected may, as always, waive requirements or agree to mitigation measures. 

Consumer Protection:

• · Establish 5 working day cooling off period for landowner to rescind signed lease agreement.
• · Require PSC to prepare informational brochure for landowners; developers to provide brochure to landowners before signing lease or waiver.

Property Values:

•  Require Wind Siting Council to study impact of wind energy systems on property value.

Uniformity:

• ·Require PSC to consider the rules in PSC Ch. 128 in CA cases (not just CPCN cases).
• · Add requirement that a political subdivision shall approve an application that meets the requirements of an ordinance that complies with Wis. Stat. 66.0401 and PSC Ch. 128.