Yesterday, the House and Senate Conference Committee met to make changes to the Mid-Biennium Budget Review (“MBR”). This is the bill into which Senator Keith Faber inserted the revision to wind turbine setback measurements. Faber’s language changed the measurement to the property line from the residence. The Conference Committee made a change to the language before voting it out of Committee. The change grandfathers in all wind applications in the pipeline as well as certified projects. We always assumed this to be the case but the new language removes any uncertainty. The good news is that many Ohioans will be better protected going forward….
R.C. 4906.20, 4906.201=
Specifies that the minimum setback, beginning on the effective date of the bill, for a wind turbine be at least 1,125 feet in horizontal distance from the tip of the turbine’s nearest blade at 90 degrees to the property line of the nearest adjacent property.
Permits wind turbines that already received a certificate of approval from the Power Siting Board prior to the effective date of the bill to continue under the existing setback requirement, which is measured from the nearest, habitable, residential structure, located on the adjacent property, if any….
A succession of two legislative moves in the past two weeks has left EverPower Wind Holdings seriously considering its decision to invest in projects in Ohio.
But Senate President Keith Faber, R-Celina, who is a key legislator behind the changes says they are driven by concerns for the average utility consumers and property owners instead of the industrial electric providers….
Wind turbines, however, have an additional safety zone around them roughly equivalent to the number set in the new law that prevents structures inside that radius from being at risk of damage from falling blades or ice thrown from the blades.
“We need wind energy set- backs to be consistent with other zoning laws,” Sen. Faber said. “You shouldn’t be able to use other people’s properties for the purpose of zoning setbacks. It was a compromise when it was passed, but we need to rethink it.”…
“It is time for customers and consumers to know what it costs,” he said, noting that Dayton Power & Light charges 8.4 percent more than would be nec- essary if traditional fossil fuels were used to generate the same amount of power….