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Small Town People Plead with Madison Lawmakers Not to Roll Back Local Protections

Posted by Kathleen Vinehout, State Senator 31st District
Kathleen Vinehout, State Senator 31st District
Kathleen Vinehout of Alma is an educator, business woman, and farmer who is now
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on Monday, 28 October 2013 in Wisconsin

frac_sandPeople from western Wisconsin travelled to Madison last week to testify against Senate Bill 349, a bill that rolls back locals’ ability to protect their citizens.  Many local elected officials also came to testify against the bill and expressed serious concerns about the chipping away of local control.


MADISON - “Our aim when drafting the ordinance was not to stop mining in the Town of Cooks Valley but to protect the health, safety and welfare of the citizens of our town,” said Town Clerk Victoria Trinko.

She recently testified at a public hearing about Senate Bill 349, a bill to roll back locals’ ability to protect citizens.

The bill, introduced by Senator Tiffany, would overturn a unanimous 2012 Supreme Court decision supporting a local ordinance to protect the health and safety of residents residing in the Town of Cooks Valley in Chippewa County.

Specifically at issue is the ability of local government to pass an ordinance to protect citizens from frac sand mining. Cooks Valley is an unzoned township. The town followed the law and adopted local police powers that gave them authority to enact a frac sand mine ordinance. Senator Tiffany’s bill would take this power away.

But SB 349 goes much farther. It takes away any ability of counties, towns, cities or villages to protect health and safety with regard to water, air and blasting unless this authority is expressly given to locals in another part of the law. The bill strikes down part of the law granting police powers and home rule as authority for sand mine ordinances. If the bill becomes law, it would prohibit local rules related to not only protecting but even monitoring air or water.

It became clear during the hearing that eliminating local power to protect health and safety was the intention of the bill.

Wisconsin Manufacturers and Commerce (WMC) testified in favor of the bill. The group said local rules to protect the environment, health or community “simply add confusion and stifle responsible growth and business.” WMC’s lobbyist testified local standards were “based on political not health” concerns.

In sharp contrast, Ms Trinko from Cooks Valley listed by date the environmental problems with the Chippewa Sands mine located a half-mile away from her home. She spoke of dust billowing from the mine. Over a year period she was diagnosed with asthma and installed expensive home air filtration. She said she must “wear a protective mask when I am outside for any length of time.” While on vacation her symptoms completely disappeared only to reappear when she returned home.

Health and safety is also a worry of residents near Arcadia in Trempealeau County. Representative Danou joined me to testify about concerns we’ve heard from many constituents. The residents, including many children, living in two subdivisions are surrounded by five sand mines within five miles of their homes. These residents expressed so much anxiety to the Trempealeau County Board that supervisors unanimously passed a one-year moratorium against further sand mines and ordered air monitoring to be done near the mines and the subdivisions.

In my discussions with legislative attorneys, I learned if SB 349 becomes law, it is likely the Trempealeau Country moratorium could be overturned and monitoring could be stopped.

The state should not tell locals to stick their heads in the sand when the life-long health of children is at stake.

Over 100 citizens got up at dawn to travel from western Wisconsin to testify at the hearing. They listened all day as lobbyists- none who lived near the mines- spoke about the benefits of the bill. Many locals testifying against the bill were forced to wait until late to testify - by that time folks riding the bus had to leave.

One traveler was Nan Horton from Ettrick. She was prepared to tell the committee the bill “ignores the need for citizens to have a voice in decisions affecting their own health, safety, property values and general welfare.”

Similarly, Heather Anderson from Chippewa County wanted to ask, “Who has spoken to the parent who set a birthday party picnic table only to find the plates were dusted with sand in a short period and had to bring the picnic inside?”

Shortly after the hearing, Senator Dale Schultz released a statement declaring, “After hearing from constituents and listening to local elected officials in my district I cannot support Senate Bill 349.”

I urge more lawmakers to listen to their constituents and do the same!

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Kathleen Vinehout of Alma is an educator, business woman, and farmer who is now the State Senator from the 31st District of Wisconsin. She was a candidate for Governor in 2014 until an injury forced her out of the race , was one of the courageous Wisconsin 14, and ran for Governor again in 2018.

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Angelo
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Angelo Monday, 28 October 2013

Senator Vinehout, as well as Senator Schultz, either have changed their tune on the issue of local control, or are just plain hypocrites. The State of Wisconsin, through Act 40, completely stripped local control from rural residents when is came to the siting of industrial wind turbines. Citizens from around the state, who were already harmed by the placement of wind turbines too close to their homes, BEGGED Vinehout and Schultz to support legislation to amend the state's Wind Siting Rules (PSC 128) to end the harm being done to their health as well as their property rights and values. Vinehout and Schultz did NOTHING. In fact, Schultz defied his own party by being one person who prevented such legislation from passing. The sand mining issue is a perfect mirror image of the wind siting issue when it comes to outsiders in Madison claiming to know what's best for rural communities. Yet, now, they're opposed to the very issue they supported regarding wind. I agree with their current stand on local control. Will they also change their tune regarding local control over industrial wind turbine construction which has, and continues to, wreak havoc on people's lives? I truly hope so. We don't need two ore hypocrites in Madison. Let's hope social justice, not pure politics and self interest, is their guiding light.

Administrator
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Administrator Tuesday, 29 October 2013

Really Senator Vinehout - you clamor for local control NOW???? You stood by and did nothing to help us regain local control for industrial wind turbine siting. You listened to my neighbors' testimony about having to abandon the homes they still own own to regain their health and you did NOTHING! This new policy of yours is so two faced it makes me sick. People in my neighborhood continue to suffer each and every day and politicians do nothing.....except to say 'prove it'. Democrats AND Republicans have stood by and done nothing - I agree that local control is ESSENTIAL to protect health and safety - isn't time that you took that stance CONSISTENTLY across all issues that that can ROB families' health and safety?? Senator Vinehout - the time is NOW.

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Administrator Tuesday, 29 October 2013

I am one of many WI rural people now impacted by frac sand mining. I ALSO am one of many WI rural people who've been threatened by irresponsible siting of wind farms because of loss of local control. Looks like Madison is planning to throw me under the bus again. BOTH of these are LOCAL issues - both impact me in the same ways. I PRAISE Sen Vinehout's current fight FOR local control over mine siting in my area. I CONDEMN Sen Vinehout's past fight AGAINST local control over wind farm siting. THERE IS NO DIFFERENCE. Enough of the double mindedness, please, Senator. Both create social injustices in which the victims have no recourse and lose in big ways. Please also fight to stop the ongoing victimization of taxpayers by wind farms.

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Administrator Tuesday, 29 October 2013

Dust and the Wind
by Wisconsin
(a parody of "Dust in the Wind" by Kansas,
on local control over sand mining and wind siting)

They close their eyes
Once we had control, and that moment's gone

All we deemed
Passed before our eyes, now only history

Dust and the Wind
All they want is dust and the wind

Same old wrongs
People being harmed but Madison won't see

All we do
Crumbles to the ground, they will not hear or see

Dust and the Wind
All they want is dust and the wind


The phone rang on
Pleading on forever but you're still denied

Hope slips away
While campaign money dust and wind decisions buys

Dust and the Wind
All they want is dust and the wind
Dust and the Wind
To them we're only dust in the wind

Joan Lagerman
Joan Lagerman
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Joan Lagerman Saturday, 02 November 2013

Wow, another victim of Big Wind here, with the feeling you may have forgot that everyone in this State should be treated equally. I have also traveled to Madison begging you senators to give back
LOCAL CONTROL for Wind Turbines, where were you then?
Evidently the people up north have more rights than the lowly County folk that are being Victimized by Big Wind around the State.
Both my town and County Board Supervisors have written to the State asking for help along with a Unanimous Vote from both the Board of Health and the full County Board sending Resolutions to Madison asking the State to step in and do a Health study on all of the victims of Big Wind that have come forward here in Fond du lac County.
The PSC has increased the distance a turbine can be from a home and lessened the noise that can be made at a nonpartisapatings foundation which is an omission that there is a problem, but have conveniently forgotten about the people still living under the old rules.
These monters are effecting the quality of my life.
I most certainly agree, local control must remain

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