The headline “ROFR is dead…long live ROFR” is representative not only of the changing stances on legislation but also of having two sides to every issue.
ROFR or the Right of First Refusal is an effort to give in-state utilities the first right to build transmission lines, presumably to lower costs and keep competition out. However, having one source to build transmission seems to lack the much-needed support.
In the last week or so, another bill emerged with more provisions than the original. ROFR became WERA — the Wisconsin Energy Reform Act. The new additions may have convinced a few to change their stance, but WERA opened the floodgates of additional opposition and muddied the bill so much more.
The bill aims to incentivize developers to choose nonproductive, less desirable land to build renewable energy projects. This is done by limiting the number of acres available in both towns and counties. In addition, the new bill requires the developer to purchase up to four times more acres than the original project required to ensure prime agricultural land is reserved for agricultural production.
This seems like getting the stick for punishment rather than a carrot of encouragement. If the goal is to prevent development on prime farmland, why does this only apply to wind and solar? What about the strides made to incorporate growing vegetables and grazing sheep under solar panels for agrivoltaics production? What if the landowner wants to use their land for development rather than farming?
The complexity of such reforms can be addressed. In a bill that brings together those who develop the land and those who farm it, as well as those who oversee the process. Rather than as an add-on to an already bogged-down legislation on life support.