Republican bill seeks more local control over wind, solar farms

A bill that would empower Wisconsin municipalities to block the construction of solar and wind farms in their backyards has been introduced a second time.

Currently, local governments possess limited authority to regulate the siting and operations of solar and wind farms, but as the number and size of projects grow — solar panel fields spanning thousands of acres and wind turbines as tall as the Statue of Liberty — some residents from the Driftless Area and central Wisconsin say the state’s system for approving energy projects unfairly stacks the scales of power against communities that live alongside the facilities.

Meanwhile, a clean energy advocacy group and former Wisconsin utility regulator said the bill would enable a discontented minority to dictate energy policy for the entire state, effectively kill renewable energy development and generate uncertainty for businesses.

The Republican-backed proposal comes amid a wave of construction after federal lawmakers invested billions of dollars during the Biden administration to slow the pace of climate change. The ensuing backlash and enactment of local restrictions are playing out across the country.

Here’s what you need to know:

Some context: Investment in renewable energy has been a state priority for decades and a requirement for Wisconsin’s utilities. It also is central to Democratic Gov. Tony Evers’ ambitious climate goals. Wisconsin seeks to operate a carbon-free electric grid by 2050. 

In 2023, 9% of net electricity generated within the state came from renewable sources, according to the U.S. Energy Information Administration.

The governor’s Task Force on Climate Change expects most future emissions reductions to come from large-scale utility projects, especially the replacement of aging coal plants with solar farms.

In 2016, the state generated just 3,000 megawatt-hours of electricity from utility-scale solar facilities. Seven years later, it increased to 1.2 million. Nearly two dozen more solar farms are in the pipeline.

Wisconsin’s utility regulator, the Public Service Commission, oversees the approval of large projects, but opponents say gaps in state oversight make Wisconsin attractive to private developers, who aren’t mandated to share project expenses or evaluate ratepayer impacts.

They don’t have to demonstrate the energy created by the new installation is even needed at all — requirements if a public utility were to construct the facility. (The commission considers costs when utilities want to purchase power or an energy facility.) But developers can sell solar and wind farms to Wisconsin utilities. Ratepayers shoulder the infrastructure costs and pay state-authorized rates of return.

The commission reports that, compared to the Midwest and national averages, Wisconsin residents pay higher rates but less on their monthly bills because they consume less energy.

Opponents of large-scale projects also criticize the state’s disclosure requirements, which enable developers to acquire land rental agreements, often confidential, before communities are officially notified.

Residents often accuse industry of minimizing their concerns over impacts to wildlife, roads, aesthetics, property values, utility bills, health, topsoil and water quality. 

Yet climate change jeopardizes those same things, and land rental and municipal payments can be a lifeline. The construction of solar and wind farms can divide towns and neighbors. Public hearings quickly get messy. 

Organizers have mounted challenges, playing out in boardrooms, courthouses and the Legislature. Several towns enacted restrictions on renewable energy projects, a push supported by Farmland First, a central Wisconsin advocacy and fundraising group. Last year, a developer sued two Marathon County towns over their wind farm rules.

President Donald Trump is the latest to seed doubt over the merits of large-scale renewable projects after issuing a Jan. 20 executive order that suspends federal permitting for any wind farm while agency officials review government leasing and permitting practices.

The bill: The proposal requires solar and wind developers to obtain approval from every city, village and town in which a facility would be located before the Public Service Commission could greenlight the project.

Senate Bill 3’s authors, Rep. Travis Tranel, R-Cuba City, and Sen. Howard Marklein, R-Spring Green, said the measure responds to constituents who feel their concerns over continued development in the Driftless Area continue to fall on deaf ears.

“We are hoping to kick-start a conversation because the way I view it now, renewable energy projects are essentially the wild wild West,” Tranel said. “People have figured out that they can profit exorbitant amounts of money off these projects, and they are just popping them up left and right, and our current attitude is long-term ramifications be damned, and I don’t think that that makes any sense.”

Currently, the commission reviews proposals for energy facilities with a capacity of at least 100 megawatts. For scale, an average wind turbine in 2023 had a capacity of 3 ½ megawatts. A megawatt of solar generation might cover 7 ½ acres.

Local governments review projects less than 100 megawatts in capacity, but municipalities can impose restrictions on solar and wind farms only in limited instances, such as demonstrating they will protect public health or safety — a tall order. Additionally, municipalities that enact siting restrictions on wind farms cannot impose criteria more stringent than commission rules.

The bill would apply to any solar or wind farm with a 15-megawatt capacity or more. If a municipality fails to take action within an allotted period, the proposed facility would be approved automatically. 

An identical proposal introduced during the previous legislative session, exclusively backed by GOP lawmakers, failed to receive a committee hearing.

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Yea: Some of the bill’s backers view the influx of large energy projects as the harbinger of “utility districts” across Wisconsin’s rural spaces, primarily for the benefit of urbanites.

It’s not that proponents of local control snub clean energy, said Chris Klopp, a Cross Plains organizer who has joined challenges to transmission and solar projects. Rather, regulators could respond to climate change more equitably.

“This idea that you can just decide you’re going to sacrifice certain people, well, I think there’s a problem with that,” she said. “Who decides, and who gets sacrificed? None of that is a good conversation. It should be something that works for everyone.”

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Nay: Representatives from EDP Renewables, NextEra Energy, Pattern Energy and Invenergy — developers with a Wisconsin presence — didn’t respond to requests for comment.

But former Public Service Commission Chair Phil Montgomery said local governments lack the agency’s battery of professionals it takes to evaluate the merits of a renewable energy project.

Empowering Wisconsin’s 1,245 towns, 190 cities and 415 villages to weigh the facts against their own standards would spell disaster for ratepayers, he said.

Michael Vickerman, former executive director of RENEW Wisconsin, a renewable energy advocacy nonprofit, said the bill unfairly targets wind and solar.

“You’re deciding that this industry will no longer be welcome in this state,” he said. “It becomes such an arbitrary and mysterious, unstable, unpredictable process that the developer says, ‘Screw it. I’ll just go to Minnesota. I’ll go to Illinois.’”

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What’s next? More than 20 co-sponsors, all Republicans, signed on to the bill, and it has been referred to a Senate committee. Klopp hopes to rally more lawmakers to obtain a two-thirds, veto-proof majority.

Montgomery said even if it leads nowhere, the bill certainly sends a message to investors.

This article first appeared on Wisconsin Watch and is republished here under a Creative Commons license.