Issue Of Wind Farms, Taxes Discussed At Meetings

By Gordon HopkinsSupporters of wind energy usually cite one of three reasons for support of such a project: the decreased impact on the environment, as compared to energy sources that rely on fossil fuels; the money paid to leaseholders for hosting a wind turbine and befits from the additional tax revenue.A local attorney believes one of those things should not be a part of the equation.Area attorney Scott Gropp has been hired by a local group of citizens with a Facebook page called, “Jefferson County Wind Watchers,” which has advocated for stricter regulations for the placing of wind turbines.Gropp spoke at a meeting of the county’s Planning and Zoning (P&Z) Committee on Thursday, January 12, 2023, to discuss changes to wind farm regulations.“But the biggest problem I want to clarify for you guys tonight is the distinction between private landowner income and county benefit for these wind towers, because the turbines are always promising that there’s a great county benefit. And the private landowners are saying, hey, yes, we’re making some money, but the rest of the county is making money too,” said Gropp. “But you may want to look at that and say, hey, if we’re thinking about what this does, from a financial standpoint, throw that out the window. You’re getting shorted, you’ve been getting shorted,”Anticipated vs. Assessed Tax RevenueA company called NextEra Energy Resources currently owns and operates one wind farm in Jefferson County, Steele Flats, and is looking to create another, Big Blue Wind in Plymouth.Gropp quoted a story from FJN from March 16, 2022, which discussed County Commissioner’s concerns that the existing turbines were not bringing in the anticipated tax revenue.“I’ve asked our local treasurer to provide us with some information on Steele Flats and the taxes that have been paid since its inception,” said County Commissioner Gale Pohlmann at the time. “The total taxes paid in 2020 is $245,000, not (the anticipated) $450,000. So where are we missing the other $200,000?”Last year, David Levy, an attorney and partner with Baird Holm, LLP, which represents NextEra, met with county commissioners and acknowledged the company was, indeed, likely not paying as much in taxes as it could be but said the problem was with how the turbines were being assessed by the Assessor’s Office. Levy said at that time it was because, “Parts of that real property tax have not been assessed and valued and taxed as part of that real property tax.”“So we took the numbers that we have from NextEra,” said Levy. “When we add in the lease, the tax on the lease payments and the leasehold value, we get to it. That wasn’t being taxed at all.”“I’ve talked with the assessor (County Assessor Mary Banahan) a couple of times. She’s been very helpful,” said Levy. “What we discovered was some of the components that the state law says, and the Department of Revenue say, should be part of that real property tax have not been assessed and valued and taxed as part of that real property tax.”Taxes PaidAccording to Banahan, they have been working with NextEra but additional information is still needed before the assessments can be revised.While NextEra may not have been assessed all that it could have been, the company insists it has paid all that has been assessed. At the following meeting on January 27, 2023, representatives of NextEra further discussed the matter. Project Director Matthew Jones said, “There’s been a lot of information about the numbers and taxes that have been out there. I just wanted to correct some of that narrative.”“We have invested $114 million in Nebraska. It since 2013. And Jefferson County was the home to our first project, Steele Flats. We built that. It went online in October 2013. It’s an example of a project that we feel like it’s been really successful,” said Jones. “Over the last 10 years, we have contributed $3 million in taxes to Jefferson and Gage counties for this project, $2 million of that has gone to the local schools in Fairbury and Diller Odell. This year we were assessed $340,000 in taxes. We pay our taxes every year.”Jones said, “Last year, we paid $337,000 in taxes.”FJN has not independently confirmed these figures.At that meeting, the P&Z committee voted to recommend a one-mile setback as measured from the wind turbine to a non-participating landowner’s exterior wall and a 1/2 mile setback to the property line of a non-participating landowner’s property.NextEra has claimed that a one-mile setback will severely curtail their ability to place wind turbines in the county. Jones said, “That would wipe out all but six turbines in Steele Flats. Of the 44 turbines we built, only six could be built with that. Clearly not the direction we want to go.”The new regulations will not impact the existing turbines but will any future turbines, including those for Big Blue Wind.After the meeting, FJN asked NextEra for a statement. The company responded, “We appreciate the continued consideration that Jefferson County officials have applied to developing wind energy regulations. We remain hopeful to expand our presence in Jefferson County and bring numerous additional economic benefits to the community, including the potential for tens of millions of dollars in additional tax revenue which can be used to enhance schools, roads and essential services, as well as millions of dollars in landowner payments. Furthermore, we will continue to work closely with county officials to address any questions or concerns about our proposed project or wind energy development.”Anther meeting is scheduled for Thursday, February 9, at 7:00 p.m. at the Jefferson County Courthouse.

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