Issue Briefs - 2012 Overview
Policy Briefs are also available in PDF format below.
Expanding Market Access
1A Third Party Power Purchase Agreements (PPA's)
1B Voluntary Renewable Energy Credits Markets
Economics of Renewable Energy
2A The Renewable Energy Incentives Puzzle
Regulatory Environment of Renewable Energy
3A Wind Siting
Towards Community Energy
4B RPS standards for compliance RECs
Regulatory Environment of Renewable Energy:
Uniform Wind Permitting Rules and PSC 128
PROBLEM: Under current law, the
Public Service Commission of Wisconsin (PSCW) reviews proposed wind energy
installations only if they exceed 100 megawatts (MW). All other proposals
are reviewed by the responsible local permitting authority. For developers
of such proposals, the local permitting landscape resembles a minefield.
In some cases, the local permitting process has resulted in moratoria or
excessively stringent ordinances that make wind development impossible
within that jurisdiction. In the vast majority of instances, these
restrictions go well beyond the scope of review allowed under Wisconsin
Statute 66.0401, which limits municipal review of wind energy systems
matters involving public health and safety. Onerous restrictions have even
been placed on small wind systems, despite the modest nature of their
impacts.
In response to the deteriorating permitting environment
for wind energy, the Wisconsin legislature passed the Wind Siting Law (2009
Act 40). The new law directed the PSCW to promulgate rules that would
set the maximum restriction on local wind project permitting requirements.
In developing these rules (PSC 128), the PSCW engaged stakeholders with a
wide variety of perspectives in a public process. The PSCW completed
the rulemaking process in December 2010. However, in March 2011, the new
Legislature suspended the rule a few hours after it took effect. Bills
have been introduced to repeal PSC 128 outright. However, if the
repeal bills do not clear both chambers within the current legislative
session, PSC 128 will become the enduring statewide policy on siting wind
turbines.
POLICY NEED: Uniform statewide rules that impose
reasonable requirements on developers while limiting local restrictions on
wind development will have a positive impact on the market for wind systems
in Wisconsin. Such rules would create a sense of certainty and
predictability that has been largely absent in recent years. PSC 128, while
imperfect, does provide a workable framework and still represents the best
opportunity for ensuring uniformity and predictability when siting wind
systems.
BENEFICIARIES: Residential, agricultural,
commercial and industrial energy customers, landowners, local units of
government, nonprofit energy users, municipalities, farmers, state and
national developers, local installers, and contractors.
PROGNOSIS:
There are several strident anti-wind legislators holding leadership
positions. However, wind energy siting is an issue that cuts across
partisan lines, and most state legislators believe that wind energy delivers
significant economic benefits to Wisconsin.
COMPLICATING ISSUES: The real estate industry has significant influence with the Governor and many legislators. This group has been the principal constituency opposed to statewide siting standards, motivated by the mistaken belief that wind turbines lower the resale value of neighboring properties.
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