2009-12-23 / Op-Ed

Wind Energy Act, a ‘dirty’ law

By Alan Michka

Throughout my life I’ve fired off hundreds, maybe thousands, of editorials in my mind. None, until now, have made the short trip from my head to my fingertips. I finally encountered the issue that would give me the energy needed to move a thought along that short distance.

In May of 2008, Governor Baldacci signed into law a bill that had made it through the Legislature in just 15 days with no discussion and no opposition. When not a single legislator votes against a bill, I assume that it is either a really good bill or that no one read it. It was labeled LD2283 and if you read it for yourself –-and every Mainer should–- I think you will agree that the former is not the case.

In fact, most Mainers, including a quite a few legislators, I’m sure, have no idea what awaits them in this new law. The quick and dirty of the Wind Energy Act, often referred to as the expedited permitting law, is pretty dirty. It effectively rezones over two-thirds of Maine for a specific industrial use: electricity generation with large windmills. Very large windmills. Statue of Liberty large. It includes 3.5 million acres of Maine’s Land Use Regulation Commission’s jurisdiction, that rural landscape that figures so prominently in Maine’s quality of place. You can be forgiven for not knowing the details of this law. It was not well publicized; the reasons for which will become obvious as its impact unfolds.

In fact, as I write this, it is unfolding in your neighborhood. Highland Plantation, a remarkably scenic community east of Carrabassett Valley, is slated to be the site of a new 49-turbine industrial wind complex that will cover over 8 miles of ridgeline. The dramatic scenic degradation aside, it would bring with it the threat of noise and health problems, which these projects have encountered all over the world and even in Maine. Threats made more serious by the fact that our legislators, in their rush to pass this bill, failed to address these issues with any serious regulatory actions. Highland is fortuitously situated in close proximity to several of Maine’s scenic and recreational gems including the Bigelow Preserve, Flagstaff Lake and the Appalachian Trail, as well as numerous ponds. In fact, if you’ve been planning an outing to enjoy the beauty and tranquility of these places, I encourage you to waste no time. In an October meeting, the developer, Independence Wind, expressed an interest in starting construction next summer.

The property owners of Highland Plt. have not been spared as many towns have seen their tax burden rise dramatically. The developers have capitalized on this, citing tax benefits to the residents as ample mitigation for the destruction they will bring. I am unequivocally in favor of any Mainer getting tax relief, especially those in rural Maine. However, there certainly has to be a better way to go about it than permanent defilement of our state’s mountaintops. If I could, I would pay the tax bill for every Highland resident -–there are only 50 or so–- if it would stop the destruction. Sadly, the decision is not theirs. Even the residents of Highland have no vote in this matter. This being LURC’s jurisdiction, the decision has more or less been made. It was made the day your legislators and mine voted on LD2283.

Defending the new law, our legislators would argue that Maine needs greater energy security and that lowered greenhouse gas emissions benefit us all. Maine already gets most of its fossil-fuel-generated electricity from sources abundantly available domestically. In a vacuum, indeed, a kWh produced by wind is cleaner than a kWh produced by gas. Nevertheless, Spain, a world leader in wind generated electricity, saw its emissions rise 50 percent despite the thousands of windmills dotting their countryside. And then there are the jobs. Even the developers do not try to create the illusion of jobs for everyone. After construction, this developer has estimated 4 to 5 permanent on-site jobs will be created by this project, none of which are guaranteed to go to locals. One state senator conceded that “…it is difficult to define a substantial long term benefit that will accrue specifically to Maine people.”

To fulfill the goals stated in the Wind Energy Act, over 300 miles of rural Maine’s mountain ridges will have to be converted to industrial use. This would be the ridges we look at every day. It is a profound law that will have long lasting effects on our communities. How did this happen without you knowing it? Did your legislator inform you such a profound change was coming? Mine did not. I had to find out on my own. Unless I am misinformed about representational government, I believe we should all be asking why.

Alan Michka is a resident of Lexington

Plantation.

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