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Thursday, September 05, 2013

Md. AG: Part Of Wind Turbine Bill Unconstitutional

A portion of Senate Bill 370, which deals with setback requirements for wind turbines, was deemed unconstitutional by Maryland Attorney General Douglas Gansler because it would have given adjacent neighbors zoning authority.

Gansler sent a letter in May to Gov. Martin O’Malley saying that certain provisions of that bill are unconstitutional and can’t be enforced, said Monty Pagenhardt, county administrator, during the commission meeting on Tuesday.

“The bill will proceed, as it was written into law during the last session, except those certain provisions of the bill that were declared unconstitutional,” said Pagenhardt.



Anonymous said...

Well golly gee whiz! I thought a substantial number of the Maryland legislators were lawyers, or at least have a passing acquaintance with the State Constitution. But in their haste to mollify O'Malley and the environmentalists they just plowed on, anyway. But if Gansler were not running for Governor he would have kept his mouth shut, so it's just showboat politics on both ends.

Anonymous said...

The bill should be amended to read "The setback for the site of a wind turbine should be no less than 45 times the combined height of all the blades when stacked on top of each other".
The bill should also include " The wind turbine shall be required to operate at no less than 75% generating capacity. If the generating capacity drops below 45% for a period of more than 1 hour, the owner/operator shall be fined $10,000,000.00 dollars for each instance."
In addition the bill should read, "At all times, a qualified engineer shall be station inside the generator house of each wind turbine."

Anonymous said...

As I suspected when this wind farms plan off the coast started years ago,its not going anywhere just BS from democrats.