2013 - 2014 LEGISLATURE
March 14, 2013 - Introduced by Representatives Jacque, Murtha, Bernier, Bies,
Endsley, Kestell, Klenke, Knudson, LeMahieu, Spiros and Thiesfeldt,
cosponsored by Senators Lasee, Ellis, Grothman, Leibham and Moulton.
Referred to Committee on Energy and Utilities.
1An Act to repeal
66.0401 (4) (f) 1.; to renumber and amend
66.0401 (4) (f) 2.; 2
and to amend
66.0401 (1m) (intro.), 66.0401 (4) (g), 66.0401 (5) (b) 3. and 3
196.378 (4g) (b) of the statutes; relating to: limiting the regulation of wind
4energy systems by local governments.
Analysis by the Legislative Reference Bureau
Current law limits the authority of a city, village, town, or county (political
subdivision) to regulate solar and wind energy systems. For both types of systems,
current law prohibits a political subdivision from imposing a restriction on the
installation or use of the system unless the restriction satisfies one of the following
three conditions: 1) it serves to preserve or protect the public health or safety; 2) it
does not significantly increase the cost of the system or significantly decrease the
system's efficiency; or 3) it allows for an alternative system of comparable cost and
efficiency. However, for wind energy systems, current law imposes an additional
limitation on a political subdivision's authority by prohibiting a restriction that is
more restrictive than rules promulgated by the Public Service Commission (PSC)
under current law. This bill allows a political subdivision to impose a restriction on
a wind energy system that is more restrictive than the PSC rules, but only if the
restriction satisfies one of the foregoing three conditions. The bill does not affect a
political subdivision's authority regarding solar energy systems.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
66.0401 (1m) (intro.) of the statutes is amended to read:
66.0401 (1m) Authority to restrict systems limited.
(intro.) No A
subdivision may place any a
restriction, either directly or in effect,
on the installation 4
or use of a wind energy system that is more restrictive than the rules promulgated 5
by the commission under s. 196.378 (4g) (b). No political subdivision may place any
6restriction, either directly,
or in effect, a restriction
on the installation or use of a 7
solar energy system,
as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, unless 8but only if
the restriction satisfies one of the following conditions:
66.0401 (4) (f) 1. of the statutes is repealed.
66.0401 (4) (f) 2. of the statutes is renumbered 66.0401 (4) (f), and 11
66.0401 (4) (f), as renumbered, is amended to read:
(f) A political subdivision may deny an application for approval if 13
the proposed site of the wind energy system is in an area primarily designated for 14
future residential or commercial development, as shown in a map that is adopted, 15
as part of a comprehensive plan, under s. 66.1001 (2) (b) and (f), before June 2, 2009, 16
or as shown in such maps after December 31, 2015, as part of a comprehensive plan 17
that is updated as required under s. 66.1001 (2) (i). This subdivision paragraph 18
applies to a wind energy system that has a nominal capacity of at least one megawatt.
66.0401 (4) (g) of the statutes is amended to read:
(g) A political subdivision that chooses to regulate wind energy 21
systems shall enact an ordinance to do so
, subject to sub. (6) (b), that is no. Subject
1to sub. (1m), the ordinance may be
more restrictive than the applicable standards 2
established by the commission in rules promulgated under s. 196.378 (4g).
66.0401 (5) (b) 3. of the statutes is amended to read:
(b) 3. An applicant whose application for approval is denied under 5
sub. (4) (f) 2.
may appeal the denial to the commission. The commission may grant 6
the appeal notwithstanding the inconsistency of the application for approval with 7
the political subdivision's planned residential or commercial development if the 8
commission determines that granting the appeal is consistent with the public 9
196.378 (4g) (b) of the statutes is amended to read:
(b) The commission shall, with the advice of the wind siting 12
council, promulgate rules that specify the restrictions a political subdivision may 13
impose on the installation or use of a wind energy system consistent with the 14
conditions specified in s. 66.0401 (1m) (a) to (c). The subject matter of these rules 15
shall include setback requirements that provide reasonable protection from any 16
health effects, including health effects from noise and shadow flicker, associated with 17
wind energy systems. The subject matter of these rules shall also include 18
decommissioning and may include visual appearance, lighting, electrical 19
connections to the power grid, setback distances, maximum audible sound levels, 20
shadow flicker, proper means of measuring noise, interference with radio, telephone, 21
or television signals, or other matters. A As provided in s. 66.0401 (1m), a
subdivision may not
place a restriction on the installation or use of a wind energy 23
system that is more restrictive than these rules.
(1) The treatment of section 66.0401 (1m) (intro.) and (4) (g) of the statutes first 2
applies to an ordinance that takes effect on the effective date of this subsection.