Supervisors inch closer to passing wind ordinance

WASHINGTON — Elected officials on Tuesday, Feb. 27 finalized a road use agreement template for wind turbine construction, referenced as an attachment to a proposed ordinance governing the renewable power source in Washington County. The rules include procedures to inform the county of crane placements, drafting of traffic control plans, and establishing liability for damage caused by oversize loads.

The approval reflects progress toward a vote on the contentious wind energy ordinance, which has occupied the Board of Supervisors’ agenda on and off for several months. Still, Jeff Neves, a director of renewable energy business development for Deriva Energy — which is scouting Washington and other counties for potential wind farms — said the company remained far more focused on other issues at play in the proposed local law.

Specifically, Neves cited consultant reports that Washington County’s proposed half-mile setback requirement for turbines, as well as language about a property value guarantee for landowners near the generators, had never “been implemented in any county where development has actually occurred.”

“We remain concerned that if the county continues to maintain the half mile setbacks and subjective property value impact claim provisions … those will prevent any wind development from being possible in Washington even if landowners want to use their property for wind projects,” Neves said in an email.

Supervisors on Tuesday also altered the wording of decommissioning requirements for wind turbines, also cited by the proposed ordinance. The document would require turbine owners to decommission the generators no more than 12 months after the end of their useful life, contract with independent engineers to get a cost estimate for decommissioning every five years, and maintain a decommissioning fund to ensure there’s money to take a turbine down.

Supervisors said they needed legal protections for landowners in case the energy companies building turbines, likely on rented farmland, went under.

“If the company goes bankrupt or out of business, how do we enforce it?” County Supervisor Jack Seward Jr. said. “To me, the only way to enforce it is, as long as they’re in business, to require them to keep cash on hand, or a bond, that would ensure there is enough money available.”

A vote on the decommissioning plan attachment is expected at the board’s March 4 meeting.

Neves said the county’s road use agreement template followed “good industry standard practices,” but said the company had yet to review the now-revised decommissioning rules.

The county debate occurs against a backdrop of statewide interest in wind energy. One piece of legislation, Senate Study Bill 3169, died in committee this year, but would have required local government ordinances to follow a number of statewide standards for turbine setbacks, noise regulations and other matters, while barring cities and counties from adding extra stipulations like Washington County’s proposed property value guarantee.

County officials said they were glad the bill missed the funnel deadline, but were frustrated by its intentions.

“Basically what the state is saying is that they’re going to come into every county and tell them, ‘Your ordinances don’t mean anything, this is the truth of the matter from now on,’” Supervisor Marcus Fedler said. “Thank God it died in committee, but it’ll come back. There’s too much money in this for it not to come back.”

Comments: Kalen.McCain@southeastiowaunion.com