Dive Brief:
- Two Democratic state senators have introduced legislation in Michigan to add wind power to the state's "Right to Farm" law, allowing turbines to be built without zoning or building permits of any kind, though they would have to conform to generally accepted practices.
- If approved, it means wind facilities would be exempt from "nuisance" lawsuits, regarding noise, dust, and odors, according to Michigan Capitol Confidential. The "Right to Farm" law was passed in 1981 to protect farmers from such legal actions.
- The legislation is not expected to move forward in this legislative session, reports Michigan Capitol Confidential, and is more likely to be a signal of policy that could be considered next year as the state reviews its energy law.
Dive Insight:
The proposal, HB 5886, was introduced by Democratic Reps. Jeff Irwin and Jon Switalski, and was referred to the House Energy and Technology Committee. But according to Michigan Capitol Confidential, the bill faces opposition from farmoing groups and is more likely an indication of what could be considered next year when Michigan reviews its energy law. In 2008 the state set a goal of sourcing 10% of its power from in-state renewable sources.
Irwin says the bill is an attempt to bring market principles to the renewable energy industry in Michigan.
“As a member of the minority party in the House I am trying to find ways to reduce bureaucratic obstacles to advancing clean energy," he said to Michigan Capitol Confidential. "I know that we need to work with the Republicans, so I said ‘let’s find free-market based ways to facilitate it.’”
The Michigan Farm Bureau told Capitol Confidential it opposes the bill, and "does not believe protections for wind energy should be included in the Right to Farm Act," which the group said is "recognized nationally as model policy for resolving disputes that can arise between farms and neighboring residents over standard agricultural practices."
The Michigan Townships Association is also opposed to the bill, because it would pre-empt local zoning authority.