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Renewable Energy Regulation In Wisconsin

Renewable Energy Regulation In Wisconsin. Pat Walsh UW-Madison/Extension Focus on Energy Program. Types of Projects Addressed. Wind Power Industrial Fuel/Power Production Anaerobic digestors Ethanol/biodiesel plants Wood-fired boilers. Layers of Governmental Control. Federal State

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Renewable Energy Regulation In Wisconsin

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  1. Renewable Energy Regulation In Wisconsin Pat Walsh UW-Madison/Extension Focus on Energy Program

  2. Types of Projects Addressed • Wind Power • Industrial Fuel/Power Production • Anaerobic digestors • Ethanol/biodiesel plants • Wood-fired boilers

  3. Layers of Governmental Control • Federal • State • Local

  4. Wind Power

  5. Federal Regulation • Would mostly cover utility scale wind or wind farms (multiple units) • Environmental Concerns • Endangered Species Act • Bald and Golden Eagle Protection Act • Migratory Bird Act • Air Security and Safety Concerns • Federal Aviation Administration

  6. State Regulation • State policies support renewable energy, including wind • Public Service Commission (PSC)-Large scale projects, greater than 100 megawatts • Department of Natural Resources (DNR)- environmental concerns • Department of Transportation-aeronautics concerns

  7. Local Regulation • Sec 66.0401, Stats. – No local regulation unless the restriction: • a) serves to preserve or protect public safety • b) does not significantly increase the cost of the system or decrease its efficiency • c) allows for an alternative system of comparable cost and efficiency • Restriction on local prohibition upheld by WI Ct of Appeals in State ex rel Numrich v. City of Mequon (2001)

  8. Local Regulatory Options • Permitted Use or • Conditional Use • Model Ordinance • Utility scale • Small scale

  9. Possible Ordinance Coverage Areas • Setback • Ground clearance • Sound • Safety • Access • Lighting • Appearance • Code compliance • Abandonment

  10. Wind Power can be Controversial • Regulation must pass “reasonableness” test • More litigation anticipated

  11. Industrial Fuel/Power • Size or capacity of the facility will affect the degree of regulatory oversight

  12. Federal Regulation • For all, major federal interest is tax incentives • For ethanol, federal regulatory interest is: • Bureau of Alcohol, Tobacco and Tax • Internal Revenue Service • Environmental Protection Agency (reformulated gasoline standard)

  13. State Regulation • W Department of Natural Resources • Air and water pollution permit • High capacity well • Construction/operation, stormwater control • Endangered species issues • W Department of Commerce • Storage Tanks

  14. Local Regulation • Zoning • Building permits • Sanitary permits • Consistency with Smart Growth planning efforts

  15. Summary • Local governments have significant control over facility siting • Now is good time to anticipate and plan for new development

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