Neighbors in eastern Iowa fight to bring down wind turbines — and win

Posted by Laura Arnold  /   November 26, 2018  /   Posted in Uncategorized, wind  /   No Comments

Neighbors in eastern Iowa fight to bring down turbines — and win

FAIRBANK, Ia. — Developers who invested $11 million to install three wind turbines in eastern Iowa are tearing them down, after losing a legal battle waged by nearby residents.

It's only the second time nationally a judge has ordered wind turbines to be torn down and a first in Iowa.

"It's great. We love it," said Cheyney Hershey, whose young family lives near the turbines. "You can't sit outside on the deck and have a conversation without the constant thumping of the blades going round."

The noise can even be heard inside his home, Hershey said: "There was nowhere to get away from them."

His family and others watch daily to see what work has been done: Crews have torn down two turbines and are dismantling the third. They have until Dec. 9 to complete the work.

Opponents to the 450-foot turbines believe the legal battle will empower other rural landowners and small towns to take on wind.

Residents in Palo Alto, Black Hawk and other counties are challenging wind projects as well.

"It was a shock that the neighbors and Fairbank could say we didn't want them" and win, said Ted Vorwald, a Fairbank city council member.

In 2015, the Fayette County Zoning Board provided permits that allowed the wind developers to build the turbines.

Nearby landowners challenged the permits in district court, where a judge agreed with them, saying the permits were "illegal and void."

Developers appealed the decision, and decided to move ahead with construction.

But the Iowa Court of Appeals this year ruled in the city and residents' favor. And the Iowa Supreme Court declined to consider the case, forcing the developers to tear down the turbines.

"The system worked," Vorwald said. "They were put up without the zoning ... and the courts upheld the ruling."

Wind energy supporters say the order could hurt new investment, jeopardizing jobs, landowner payments and tax revenue that come with the projects.

Court records indicate taking down the turbines will cost about $450,000 — or $150,000 each.

"There's some risk that this will chill investment," said Bret Dublinske, a Des Moines attorney representing four of the five Fayette County wind developers.

"This isn't something that's happened before, where you have a development that played by the rules, got the permit, and to have that result in a forfeiture — the actual tearing down of the turbines," Dublinske said.

That "will make some people leery about whether the rules can change after the investment is made," he said.

'It has been a long and costly four years'

Resident Joyce Kerns said Fairbank is a beautiful little town that residents want to see grow.

It sits about 35 miles from Waterloo and 50 miles from Cedar Rapids, offering an alternative for families wanting to live outside of the big eastern Iowa cities, she said.

"A lot of younger couples have moved here," says Kerns, one of the landowners near the wind turbines. "It's a nice community with a lot of professionals."

The wind turbines, about a half mile from the city's northeast side, lie in the way of Fairbank's growth, say Vorwald and others.

The turbines sit near 36 lots the city approved for residential development. "That's a lot of homes for a small town," Vorwald said.

Landowners John W. Woods and Ron Woods, owner of Woods Construction, are longtime residents who are developing the addition and challenged the wind energy project. Ron Woods is a Fairbank council member.

The Woods family said in an email the turbines would have halted their development efforts. "It has been a long and costly four years of going to hearings and disputing the wind companies. We believe Fairbank will now continue to grow and attract new" residents, they said.

Flickers are like a '70s strobe light

Kerns said she grew up on a farm near where the turbines are now located.

She said the wind developers have been "bullies," moving ahead with building the turbines knowing local landowners had filed a lawsuit against the project.

"They just weren't considerate of the townspeople," said Kerns, who is concerned about the impact of the turbines on the health of neighbors.

MORE: Six common complaints about wind turbines

She said some residents have complained about nausea and sleep deprivation from the turbines. Flickers from the turbines create an effect "like being back in the '70s with the strobe lights," she said.

"In the short-term it's not bad. But over time, it's not good for your body," she said.

"Unless you live under a turbine, you don't understand what it's like," said Kerns, who built a home near her family's farm.

She said the turbines encroach on a nearby woods, where she played as a child. Since the turbines have stopped turning, "I can hear the birds chirping again," Kerns said.

'It's all about the money' 

Dublinske is unsure whether the dismantled turbines will find a new home.

Alliant Energy had purchased the wind energy generated near Fairbank.

"Those turbines will go into storage and ... hopefully, they'll be used somewhere else," Dublinske said.

"That's one of our big concerns. Having obtained the proper authorization ... to have this end up in millions of dollars of waste is unfortunate and unfair," he said.

MORE: Is wind power saving rural Iowa or wrecking it?

Iowa has embraced wind energy since adopting a renewable energy portfolio in 1983.

The state gets 37 percent of its electricity from wind energy generation, the largest share in the nation. Wind energy generation is second only to coal.

The American Wind Energy Association says utility and wind developers have invested $14.2 billion in Iowa over nearly three decades.

MidAmerican Energy, Iowa's largest utility, is betting heavily on wind. With its proposed $922 million wind expansion, it will have invested $12.3 billion in wind energy since 2004.

MidAmerican, owned by Warren Buffett's Berkshire Hathaway, expects to generate as much renewable energy as its customers use annually.

Growing investment has brought opposition, including legal challenges in Fayette, Palo Alto and Black Hawk counties.

"The courts are the only place we have to defend ourselves," said Janna Swanson, a wind opponent who lives in northwest Iowa, where some neighbors are challenging whether the wind farms need state utility board permits to operate.

The Iowa Utilities Board says no, but the ruling is being appealed.

County officials and landowners who lease land to wind developers like the money the turbines bring, said Harold Youngblut, a Black Hawk County farmer who is fighting a $120 million wind project in court.

"It's all about the money," instead of about local residents' concerns, said Youngblut, whose attorney is challenging whether high-dollar farmland can be used to build large wind farms.

MORE: Utility's push for more wind turbines is blowing up trouble with Madison County residents 

MidAmerican Energy, for example, sent $16 million last year in payments to landowners and $20 million in property taxes statewide.

The Black Hawk County wind developer planned, but later killed, a turbine project across the street from Youngblut's family farm, where his son and family now live.

Still, Youngblut is sticking with the lawsuit.

"We need to stand up for what we believe is right," Youngblut said. "I don’t like being in a lawsuit. But I believe there are too many unanswered question about these turbines."

Always some 'not-in-my-backyard objections'

Dublinske said the legal challenges so far have been limited.

"There are a lot of wind developments going on across Iowa, and there are a lot of supportive communities, a lot of very supportive landowners," he said.

"There are always some not-in-my-backyard objections, especially for people who are not hosting the turbines and getting the revenue," Dublinske said.

Swanson said rural Iowa families shouldn't have to suffer wind turbines — which compact soil during construction and hurt crop yields — to satisfy urban residents' need to feel good about the environment.

Utilities say farmers are compensated for any short-term damage, and they use deep-tillage machines to help reverse compaction.

"A lot of places say we're against renewable energy," Swanson said. "That has nothing to do with it.

"What we care about is our homes, our health, our land, our wildlife and our economy," which are jeopardized by wind projects, said Swanson, a board member of the Coalition for Rural Property Rights, along with Youngblut.

She questions whether wind energy is really a good public taxpayer investment, given that MidAmerican will get about $10 billion in federal production tax credits for its $12 billion investment.

"It's hard for us in the country to fight this, and the utilities know that," she said, adding that rural Iowans deserve more voice in wind turbine developments.

In Fayette County, residents say a new county ordinance guiding wind development gives them a little more confidence that they'll be protected in the future.

But they say they need to be vigilant. The Woods family, which brought down the turbines, said they hope the lawsuit makes developers think carefully about where they plan to build them.

I&M Awards Energy Assistance Funding to IN-CAA

Posted by Laura Arnold  /   November 26, 2018  /   Posted in Indiana Michigan Power Company (I&M)  /   No Comments

I&M Awards Energy Assistance Funding

The AEP subsidiary is headquartered in downtown Fort Wayne.

The AEP subsidiary is headquartered in downtown Fort Wayne.

Fort Wayne-based Indiana Michigan Power is providing $450,000 to a statewide nonprofit group in an effort to help residents pay their energy bills. The utility says the funding awarded to the Indiana Community Action Association will also help customers weatherize their homes to be more energy-efficient.

The IN-CAA is comprised of 22 Indiana Community Action agencies throughout the state. I&M is giving $125,000 for the Energy Share program to help qualified residents pay their seasonal bills, and will give an additional $125,000 next year.

The utility is also providing $150,000 to IN-CAA to the weatherization effort for income-qualified customers.

"Given that the heating season is setting in early this fall, the money from I&M will help many households with limited incomes to be safer and more comfortable this winter," said Ed Geradot, executive director of the IN-CAA. "The network of Community Action Agencies nationwide works very hard to reduce the energy burden on our more vulnerable citizens. Funding such as this is highly valued."

I&M says the assistance is part of its rate increase approved earlier this year by the Indiana Utility Regulatory Commission. The utility encourages customers who wish to apply for assistance to contact the Community Action agency that serves their area, which can be found by clicking here.

Kankakee Valley (IN) School board reviews possible future tax changes from closing NIPSCO coal-fired power plants

Posted by Laura Arnold  /   November 26, 2018  /   Posted in Northern Indiana Public Service Company (NIPSCO)  /   No Comments

Kankakee Valley admin office stock image

Kankakee Valley School board reviews possible future tax changes

A short presentation was given to the KV School Board Monday, Nov. 12. Tyler Loeffelholz of H. J. Umbaugh and Associates, explained the projected net assessed values and tax rates based on the closing of four coal-fired generators at the Schahfer plant in Wheatfield by 2023. The accounting firm looked at the impact this would have on property taxes.

He first showed the numbers if the corporation does not add additional debt, a scenario where a $5 million bond was taken, and another with a $15 million bond. In the first scenario, the total tax rate in 2023 would jump from $.85 in 2018 to $1.17 per $100 of assessed value. If the corporation took a $5 million bond, the rate would go up to $1.22, and for a $15 million bond, the rate would be $1.24, with the rates then dropping a few cents per year after that.

The presentation showed the rates are projected to increase by about 40 cents assuming NIPSCO’s net assessed value drops by $394 million.

For a home with an assessed value of $200,000 with a homestead credit, the amount of the annual increase would be $384.55.

Superintendent Dr. Aaron Case said there will be a budget loss of about 30 percent, but he said NIPSCO is still looking at keeping the gas generation plant running. He said he sat in a session with Dr. DeBoer, an economist at Purdue, who said the county tax rate now is about $1.20 per $100 assessed value. School districts make up the bulk of the taxes, but as long as the tax rate is less than $2, it won’t be affected by the circuit breaker tax caps on land.

Woodford County (IL) solar farm rejected, may be headed to the court

Posted by Laura Arnold  /   November 26, 2018  /   Posted in solar  /   No Comments

SolAmerica Energy

Woodford solar farm rejected, may be headed to the court

Scott Hilyard Journal Star; Nov 23, 2018

 

EUREKA — The Woodford County Board has readdressed the by-now familiar request by Georgia-based SolAmerica Energy to construct a solar-power generating facility next to a Eureka residential neighborhood.

The approach varied slightly this time, but the result remains the same: No solar farm.

On Tuesday, board member Duane Kingdon made the motion to accept the Zoning Board's recommendation and approve a special exception that would allow construction and operation of a 2-megawatt solar farm on a 53-acre tract of land that abuts the Lakeview Acres subdivision.

Board member Pete Stried seconded the motion, and at that point the issue was farther along in the process than it had been during two previous  meetings.

But the motion failed 10-2, with Kingdon and Stried casting the only votes in support.

Kingdon, who is chairman of the board's zoning subcommittee, said he voted in favor of the solar farm in support of the work done by the members of the county Planning and Zoning Board.

"They did the work and heard all the testimony and agreed that (SolAmerica) had met all of its legal requirements," said Kingdon after the vote. "I support them. I also thought that Robert's Rules of Order requires the person who makes the motion to vote in favor of it."

The proposal has been vigorously opposed by residents of Lakeview Acres and the city of Eureka. Residents argued the solar farm that would blanket about 25 acres with thousands of glass solar panels would be aesthetically displeasing, a drag on property values and a safety concern, among other reasons. The city argued the facility would block further residential development.

Outright rejection of the request was not one of two options Woodford County State's Attorney Greg Minger described in previous legal advice he presented to the board. He said the County Board had the option to send it back to the zoning board for reconsideration, which it did last summer.

The zoning board then reaffirmed its decision to recommend approval of the request. The second option, according to Minger, was for the board to approve the zoning board's recommendation.

 The County Board rejected that advice and rejected the request for the special exception.

With Tuesday's vote, "The County Board is done with the issue," Minger said. "The only thing now is to wait and see what happens."

SolAmerica officials have said they will consider a lawsuit against the county for failing to approve a special exception request that meets all legal requirements.

"If Woodford County refuses to grant the special use permit despite SolAmerica's compliance with all county requirements, SolAmerica has no other remedy than to file suit to require the county to follow their own rules," John Buffington, vice president of business operations for SolAmerica, said this week. "It's certainly not a step we want to take, but if the County Board is not going to follow their own standards, then we have no other choice."

Solar advocates stress IN net metering not dead

Posted by Laura Arnold  /   November 24, 2018  /   Posted in solar  /   No Comments

Guy On Roof

Solar advocates stress net metering not dead

MUNCIE, Ind. —  Retired Ball State University professors Carolyn and John Vann used to attract crowds of several dozen people to meetings at which the couple would sign some up to add solar panels to their homes.

Nowadays, the two grass roots solar advocates are frustrated. "We hold a meeting and no one comes," Carolyn Vann said.

A recent meeting at the Kennedy Library drew an audience of just two people, and they were invited by John Vann, who knew them from the YMCA.

The Vanns set up for a presentation in Yorktown and no one attended.

The couple attributes the lack of solar interest/awareness to net metering, which Indiana's Senate Bill 309 changed in 2017.

"That's one of the things that has made it more difficult for us," John Vann said. "There was so much press coverage of the bill and so much debate, and now no one's talking about it."

When Vann spoke to some BSU faculty members recently about going solar, he learned they mistakenly believed "you don't get net metering any more."

In fact, SB 309, championed by the state's powerful utility industry, phases out net metering — which requires utilities to pay solar users for any excess energy that is created by their solar panels — but it didn't immediately eliminate net metering.

The program was intended to provide an important incentive for Hoosiers to install expensive solar panels and produce their own energy that is better for the environment.

Thanks to SB 309, there was a rush to install solar panels before December of 2017 because customers who entered into net metering contracts before that date were able to continue their contracts for 30 years (until July 1, 2047).

But customers who still sign up before July 1, 2022, can continue net metering until July 1, 2032 — or 14 years from now, or 13 years from next year and so on until 2022, when the benefit would amount to 10 years.

It's important for potential solar customers to know three things, John Vann said. Carolyn listed them: net metering it still available; a federal solar tax credit allows you to deduct 30 percent of the cost of installing a solar energy system from your federal taxes (the deduction drops to 26 percent for systems placed in service after the end of 2019 and to 22 percent for systems placed in service after the end of 2020); and you can get a group discount of 20 percent by purchasing a solar system through Solarize ECI.

"Then there are four things," John Vann added. "The fourth is: businesses, including farms, can depreciate the solar system. So they get the federal tax credit and can depreciate it in as little as one year."

There are really more than three or four benefits to going solar. For example, solar installations don't increase the assessed value of a home for property taxation purposes but typically add 15 percent to the sales price of a home, according to the Vanns.

Carolyn Vann is a retired biology professor. John, her husband, is a retired marketing professor. Both are deeply concerned about climate change. During a recent interview, Carolyn said, in reference to the phaseout of net metering in 2032, "We'll be dead by then," referring to death from climate change, not natural causes.

In 2006, when John Vann met and became one of former Vice President Al Gore's climate-change messengers, he told The Star Press, "I've become convinced there is nothing more important as a threat to humanity than global warming."

The Vanns were invited last year to Indianapolis for an organizational meeting of Solarize Indiana. "We went seeking more information, not thinking of starting a unit here," John Vann said. (Muncie surgeon) John Eliades also attended.

"It started in Bloomington," Carolyn Vann said of the Solarize initiative. "They're way ahead of this stuff. They've done hundreds of installations."

Solarize ECI was an offshoot started and operated by the Vanns and other grass roots volunteers who are unpaid. The Vanns pay expenses out of their own pockets and have had trouble finding meeting places at no cost.

Solarize Indiana sent out requests for proposals to solar companies in the Midwest, looking at reliability, product quality, tenure in business and lowest group pricing. From those companies, Solarize ECI chose to work with Icon Solar, Cincinnati.

More than 40 homeowners in East Central Indiana have installed solar panels through Solarize ECI, receiving group pricing 20 percent below what they would have to pay if they didn't go through Solarize ECI.

The Vanns themselves participated, getting 30 solar panels, for which they paid about $26,000 before the federal tax credit; they will end up paying about $16,000. The couple live in Henry County and had their panels mounted on a barn, though they provide electricity to their house.

Solar panels also can be mounted on the rooftops of garages, houses and other buildings (not on a north-facing, however) or ground mounted.

The Vanns say they installed more solar panels than normal for a residence.

For example, Solarize ECI volunteer Sheryl Swingley, a lecturer in the journalism department at Ball State, paid a more typical $12,000 for her residential solar system and received a $3,600 tax credit.

John Vann contacted The Star Press after being interviewed to add this thought: "I know we talked a lot about the financial benefits of solar, but our major motivation is to reduce greenhouse gas emissions."

Contact Solarize ECI's John and Carolyn Vann at jvann@bsu.edu or cvann@bsu.edu

Contact Seth Slabaugh at (765) 213-5834 or seths@muncie.gannett.com

Copyright 2013 IndianaDG