Superior Broadcast Network

The Bully Bill

Legislation To Destroy Local Control

A northwestern Wisconsin democrat legislator Gary Sherman says a bill, allowing the state Public Service Commission to take public land for utility hi-voltage electric lines, threatens democracy and local control. The American Transmission Company, Minnesota Power, and Wisconsin Public Service Corporation are trying to build the Arrowhead-Weston electric line between Duluth and Wausau. Nick Vander Puy from the Superior Broadcast Network has more.

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a legislator from the north speaks out

Democratic Representatives from the north

Mary Hubler, Frank Boyle, Gary Sherman

Gary Sherman with

Lt. Governor Barb Lawton

When a utility attempts to build an electric line they must get a certificate of public necessity from the Wisconsin Public Service Commission. The hitch comes in after state approval, when another government won’t let a utility build on public land. This is a problem for utilities because the right of eminent domain or condemning land for public projects applies only to private lands.

Right now eminent domain taking doesn’t apply to public lands.

But Assembly bill 437, being authored by Green Bay republican state representative Phil Montgomery would allow taking public land. The bill is inspired by Douglas County’s refusal, earlier this year, to negotiate utility easements through several miles of county forest.

Montgomery says that a single county board should not be able to delay or block a transmission line already approved by the Wisconsin Public Service Commission.

Gary Sherman says the Montgomery bill has been amended in an attempt to pass constitutional muster.

“The way I understand it now it now the bill proposes that a finding by the public service commission of public necessity and convenience would act sort of like eminent domain with regard to public land. That it would authorize the use of public land no matter who it belongs to. No matter which government entity it belongs to.”

A spokesman for the American Transmission Company Mark Williamson applauds the Montgomery bill reportedly saying that the vast majority of people in Wisconsin want the line built on public land, and that they expect public land owners to be subject to the same laws as private landowners.

But Northwestern Wisconsin state representative Gary Sherman says the Montgomery bill is an assault on home rule.

“I mean this is taking away from local government control over real estate they own in fee simple, that’s really theirs, taking their property. The idea of exercising eminent domain against a government, something already held for a public service for a public purpose is a pretty radical idea. I don’t think this is anything precedented certainly in Wisconsin.”

Sherman says this is particularly ironic coming from the Republican Party. The Republicans are usually the bastions of conservative values. And conservative values emphasize local control over land use.

“Well, for most people it seems to be honored in the breach rather than reality. Local control is fine until you reach some issue where you think your issue is more important than local control and then you ride all over it. I think not to be partisan but it’s particularly true of the republicans.” Sherman thinks the Arrowhead Weston electric line, being proposed for northwestern Wisconsin, has national implications. Right now, federal eyes are on Wisconsin.

“And it’s pretty clear that the energy bill that passed the House of Representatives a few weeks ago contained a complete preemption for state authority over the siting of power lines and made it an entirely federal matter. Now that bill hasn’t passed the Senate yet. It’s not law but it has passed the House of Representatives. They are carefully watching what happens here in deciding whether that provision is necessary nationally. We are the poster child you might about what happens with the federal energy bill. And that part of what’s happening in Wisconsin is we don’t want to be pre-empted.”

There’s another basic conflict here, Sherman says. And it’s not just that many people in Wisconsin don’t want the Arrowhead Weston line in their backyard.

“The real basic conflict is between whether or not there really is public necessity for this thing. And I have to say frankly if I were convinced that there really was a public necessity that people’s lives, welfare, health I would have a very hard time opposing it I would a hard time opposing this even though it imposes upon me and my constituents.

“And even if the people who benefited are in southeastern Wisconsin. We drive cars made in Detroit, or South Korean, it is after all one world now. The real issue is, is this the best way to solve the energy needs of Wisconsin. I think that’s the real dispute.”

Sherman wants a much greater emphasis on energy conservation and local production for energy needs. He says transform the energy where it’s needed, using wind and solar and fossil fuels when necessary. This is called distributed generation.

He objects to the American Transmission Company’s plans to import dirty coal electricity from the Dakotas and cheap hydro power from Cree Indian lands in northern Manitoba.

Sherman laments that Wisconsin doesn’t have an adequate sustainable energy policy.

There’s a public hearing on Montgomery’s bill AB 437 in Madison Tuesday, June 14.

I’m Nick Vander Puy from the Superior Broadcast Network

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