Ohio’s fledgling wind energy industry is balking at a
largely ignored provision of a massive environmental bill overwhelmingly
approved in the House this week, arguing it is designed to throw one more
wrench into its turbines.
The language would allow the state Department of Natural
Resources to impose additional fees on wind farms based on the killing and
injury, or “take,” of wild animals, a broad restriction the wind industry
maintains would not be imposed on its competitors.
“No other state in the country has done that,” said Dayna
Baird Payne, a lobbyist representing the American Wind Energy Association.
“Some have done it for threatened and endangered species.”
She argued that the wind industry could be penalized for the
deaths of common crows and other birds, squirrels, and chipmunks when a similar
mandate isn’t placed on solar and other renewable energy sources.
“It’s laughable at best,” she said. “It’s certainly unfair.
It’s like saying only drivers in purple cars need a ‘take’ permit when they run
over a squirrel.”
House Bill 490, sponsored by Reps. Dave Hall (R.,
Millersburg) and Andy Thompson (R., Marietta), is a sweeping bill.
It includes measures to reduce runoff of toxic algae-fueling
phosphorus from farmland into Ohio waterways. It adjusts penalties associated
with the disposal of brine from hydraulic fracturing operations, and makes it
easier for telecommunications companies to back away from their commitment to
basic phone land-line service in favor of broadband and wireless alternatives.
The bill passed the House by a vote of 73-20, with the
support of nearly all of the northwest Ohio delegation. It now goes to the
Senate, with the expectation that it will reach Gov. John Kasich’s desk before
lawmakers end the two-year session in mid-December.
ODNR requested the wind “take” provision as a follow-up to a
2012 energy law that, among other things, authorized the department to develop
a “take” fee program for all energy producers. The language added to House Bill
490, however, only applies to the wind sector.
Wind
power and environmental advocates say the provision in a current environmental
bill is another obstacle Ohio has thrown into the path of the development of
wind farms.
Wind power and environmental advocates see the provision as
one more obstacle the state has thrown into the path of the development of wind
farms in recent years.
A provision was enacted earlier this year that increased
mandatory property setback distances for the siting of wind turbines. Mr.
Kasich also signed into law a two-year halt on the state’s mandate that
electric utilities find at least 25 percent of their power from renewable and
advanced energy sources by 2025.
“[Wind] is where we’re noticing the takes,” ODNR spokesman
Bethany McCorkle said. “We have proven numbers.”
She said other energy industries face such permitting
regulations, such as when stream pollution leads to a fish kill.
The department would develop rules as to how the permitting
fees would be applied, with the goal of encouraging wind farms to take steps to
mitigate their impact on wildlife, such as changing the speed of turbines
during bird migrating season, she said.
“It will be done on a case-by-case basis,” Ms. McCorkle
said. “We’ll factor in location and timing.”
Rep. Tony Burkley (R., Payne), whose district includes major
wind farms in Paulding and Van Wert counties, found the term “wild animal” to
be too broad. He prepared an amendment to remove the language, but other energy
producers balked. They feared reverting to the 2012 law would also capture them
in the “take” permit net.
Mr. Hall has agreed to work with him to address the issue in
the Senate.
“My district has received quite a bit of benefit from the
wind industry, not only for the county but also the school districts and
landowners,” he said. “I didn’t want to see that come to an end or make it more
difficult for them to be in Ohio.”
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