AB632,12,2322 30.025 (3) Permit issuance. (intro.) The department shall grant the necessary
23permits if, after hearing, it finds that the applicant has shown that the proposal:
AB632, s. 18 24Section 18. 30.025 (3m) of the statutes is created to read:
AB632,13,5
130.025 (3m) Environmental assessments for certain projects. The
2department is not required to prepare an environmental impact statement under s.
31.11 (2) (c) for the construction of a project that is specified in s. 196.491 (4) (c) 1. and
4for which one or more permits are required, but shall prepare an environmental
5assessment regarding the construction.
AB632, s. 19 6Section 19. 30.025 (4) of the statutes is amended to read:
AB632,13,127 30.025 (4) Permit conditions. The permit may be issued upon stated
8conditions deemed necessary to assure compliance with the criteria designated
9under sub. (3). The department shall grant or deny the application within the time
10limit applicable under s. 196.491 (3) (a) 3. b.
for a permit for the utility facility within
1130 days of the date on which the commission issues its decision under s. 196.49 or
12196.491 (3).
AB632, s. 20 13Section 20. 30.206 (1m) of the statutes is created to read:
AB632,13,1614 30.206 (1m) The department shall issue a general permit under this section
15for the construction of projects for which the commission is considered to have issued
16a certificate of public convenience and necessity under s. 196.491 (3b).
AB632, s. 21 17Section 21. 66.0119 (1) (a) of the statutes is amended to read:
AB632,13,2518 66.0119 (1) (a) "Inspection purposes" include includes such purposes as
19building, housing, electrical, plumbing, heating, gas, fire, health, safety,
20environmental pollution, water quality, waterways, use of water, food, zoning,
21property assessment, meter and obtaining data required to be submitted in an initial
22site report or feasibility report under subch. III of ch. 289 or s. 291.23, 291.25, 291.29
23or 291.31 or an environmental impact statement related to one of those reports.
24"Inspection purposes" also includes purposes for obtaining information specified in
25s. 196.02 (5m) by or on behalf of the public service commission.
AB632, s. 22
1Section 22. 79.04 (6) (c) 3. of the statutes is created to read:
AB632,14,72 79.04 (6) (c) 3. For the purpose of determining the amount of the payment
3under par. (b), if a production plant is located in more than one county, the payment
4amount under par. (b) shall be divided among the counties in which the plant is
5located based on the net book value of that portion of the plant located in each county
6as of December 31, 2004, or as of the date on which the plant is operational,
7whichever is later.
AB632, s. 23 8Section 23. 79.04 (7) (c) 1m. of the statutes, as created by 2003 Wisconsin Act
931
, is amended to read:
AB632,14,1910 79.04 (7) (c) 1m. Beginning with payments in 2005, if a cogeneration production
11plant, as described in sub. (6) (a), is built and completed after December 31, 2003, and
12has a name-plate capacity of at least one megawatt, each municipality and county
13in which such a cogeneration production plant is located shall receive annually from
14the public utility account a payment in an amount that is equal to the number of
15megawatts that represents the cogeneration production plant's name-plate capacity,
16multiplied by $1,000. Any municipality or county that receives a payment under this
17subdivision in any year may not receive a payment under subd. 1. in that year, if the
18payment under subd. 1. is based on the same production plant as the payment under
19this subdivision
.
AB632, s. 24 20Section 24. 79.04 (7) (d) of the statutes is created to read:
AB632,15,221 79.04 (7) (d) For the purpose of determining the amount of any payment under
22this subsection, if a production plant is located in more than one municipality or
23county, the payment amount shall be divided among the municipalities or counties
24in which the plant is located based on the net book value of that portion of the plant

1located in each municipality or county as of December 31, 2004, or as of the date on
2which the plant is operational, whichever is later.
AB632, s. 25 3Section 25. 85.02 of the statutes is renumbered 85.02 (1).
AB632, s. 26 4Section 26. 85.02 (2) of the statutes is created to read:
AB632,15,85 85.02 (2) To the greatest extent feasible that is consistent with economic and
6engineering considerations and protection of the environment, the department shall
7implement the policy specified in s. 1.12 (6) in making all decisions, orders, and rules
8regarding the siting of new electric transmission facilities.
AB632, s. 27 9Section 27. 91.75 (4) of the statutes is amended to read:
AB632,15,1310 91.75 (4) Such ordinances shall be considered local ordinances for purposes of
11s. 196.491 (3) (i) and (4) (c) 3. and shall provide that gas and electric utility uses not
12requiring authorization under s. 196.491 (3) are special exceptions or permitted or
13conditional uses and are uses that are consistent with agricultural use.
AB632, s. 28 14Section 28. 196.02 (5m) of the statutes is created to read:
AB632,15,1915 196.02 (5m) Property inspections. The commission may inspect property for
16the purpose of obtaining any information related to the preparation or review of an
17application for a certificate under s. 196.49 or 196.491 (3), including any information
18necessary to evaluate any environmental features or effects that are relevant to such
19an application.
AB632, s. 29 20Section 29. 196.025 (1m) of the statutes is created to read:
AB632,15,2421 196.025 (1m) To the greatest extent feasible that is consistent with economic
22and engineering considerations and protection of the environment, the commission
23shall implement the policy specified in s. 1.12 (6) in making all decisions, orders, and
24rules regarding the siting of new electric transmission facilities.
AB632, s. 30 25Section 30. 196.025 (2) (intro.) of the statutes is amended to read:
AB632,16,4
1196.025 (2) (intro.) The commission shall promulgate rules establishing
2requirements and procedures for the commission to carry out the duties under s.
31.11. Rules promulgated under this subsection shall include requirements and
4procedures for the commission to comply with sub. (2m) and for each of the following:
AB632, s. 31 5Section 31. 196.025 (2m) of the statutes is created to read:
AB632,16,66 196.025 (2m) (a) In this subsection:
AB632,16,77 1. "Department" means the department of natural resources.
AB632,16,98 2. "Project" means a project or construction requiring a certificate under s.
9196.49 or 196.491 (3).
AB632,16,1210 (b) The commission and the department shall coordinate the execution of their
11respective duties under s. 1.11 for any action of the commission or department
12regarding a project as follows:
AB632,16,1613 1. If the rules of either the commission or the department require the
14commission or the department to prepare an environmental impact statement on the
15project, the commission and the department shall cooperatively prepare an
16environmental impact statement.
AB632,16,2017 2. If subd. 1. does not apply and the rules of either the commission or the
18department require the commission or the department to prepare an environmental
19assessment on the project, the commission and the department shall prepare an
20environmental assessment.
AB632,16,2321 3. The environmental impact statement or environmental assessment required
22under subd. 1. or 2. shall include all of the information required for both the
23commission and the department to carry out their respective duties under s. 1.11.
AB632,17,524 (c) Paragraph (b) does not waive any duty of the commission or the department
25to comply with s. 1.11 or to take any other action required by law regarding a project,

1except that, notwithstanding s. 1.11 (2) (c) 3. and (e), the commission and the
2department are required to consider only the project identified in the application for
3the certificate under s. 196.49 or 196.491 (3) and one alternative to the project and
4that alternative shall consist of any alternative location, site, or route for the project
5that is specified by the person proposing the project.
AB632, s. 32 6Section 32. 196.20 (7) of the statutes is created to read:
AB632,17,137 196.20 (7) (a) In this subsection, "mitigation payment" means, as approved by
8the commission, an unrestricted or recurring monetary payment to a local unit of
9government in which an electric generating facility is located to mitigate the impact
10of the electric generating facility on the local unit of government. "Mitigation
11payment" does not include payments made or in-kind contributions for restricted
12purposes to directly address health or safety impacts of the electric generating
13facility on the local unit of government.
AB632,17,1514 (b) Except as provided in par. (c), an electric public utility may not recover in
15rates any of the following:
AB632,17,1616 1. The cost of mitigation payments paid by the utility.
AB632,17,2117 2. The cost of mitigation payments paid by the owner or operator of an electric
18generating facility that the owner or operator recovers from the utility by selling
19electricity to the utility, by leasing the facility to the utility, or by any agreement
20between the owner or operator of the electric generating facility and the public
21utility.
AB632,17,2422 (c) The commission shall only approve a mitigation payment agreement that
23is received by the commission before June 10, 2003, and, if the commission finds the
24agreement to be reasonable, shall not subsequently modify the agreement.
AB632, s. 33 25Section 33. 196.491 (3) (a) 1. of the statutes is amended to read:
AB632,18,10
1196.491 (3) (a) 1. No Except as provided in sub. (3b), no person may commence
2the construction of a facility unless the person has applied for and received a
3certificate of public convenience and necessity from the commission as provided in
4this section
under this subsection. An application for a certificate issued under this
5subsection shall be
in the form and containing contain the information required by
6commission rules for such certificate and shall be filed with the commission not less
7than 6 months prior to the commencement of construction of a facility. Within 10
8days after filing the an application under this subdivision, the commission shall send
9a copy of the application to the clerk of each municipality and town in which the
10proposed facility is to be located and to the main public library in each such county.
AB632, s. 34 11Section 34. 196.491 (3) (a) 3. a. of the statutes is amended to read:
AB632,18,2312 196.491 (3) (a) 3. a. At least 60 days before a person files an application under
13subd. 1., the person shall provide the department with an engineering plan showing
14if the facility is a large electric generating facility or a detailed project plan if the
15facility is a high-voltage transmission line. The engineering or project plan shall
16show
the location of the facility, a description of the facility, including the major
17components of the facility that have a significant air, water or solid waste pollution
18potential, and a brief description of the anticipated effects of the facility on air and
19quality, water quality, wetlands, solid waste disposal capacity, and other natural
20resources
. Within 30 days after a person provides an engineering or project plan, the
21department shall provide the person with a listing of each department permit or
22approval which, on the basis of the information contained in the engineering or
23project
plan, appears to be required for the construction or operation of the facility.
AB632, s. 35 24Section 35. 196.491 (3) (b) of the statutes is amended to read:
AB632,19,4
1196.491 (3) (b) The commission shall hold a public hearing on an application
2filed under par. (a) 1. that is determined or considered to be complete in the area
3affected pursuant to s. 227.44. A class 1 notice, under ch. 985, shall be given at least
430 days prior to the hearing.
AB632, s. 36 5Section 36. 196.491 (3) (d) (intro.) of the statutes is amended to read:
AB632,19,96 196.491 (3) (d) (intro.) Except as provided under par. (e) and s. 196.493, the
7commission shall approve an application filed under par. (a) 1. for a certificate of
8public convenience and necessity only if the commission determines all of the
9following:
AB632, s. 37 10Section 37. 196.491 (3) (e) of the statutes is amended to read:
AB632,19,1711 196.491 (3) (e) If the an application filed under par. (a) 1. does not meet the
12criteria under par. (d), the commission shall reject the application or approve the
13application with such modifications as are necessary for an affirmative finding under
14par. (d). The commission may not issue a certificate of public convenience and
15necessity under this subsection until the department has issued all permits and
16approvals identified in the listing specified in par. (a) 3. a. that are required prior to
17construction.
AB632, s. 38 18Section 38. 196.491 (3) (g) 1. of the statutes is renumbered 196.491 (3) (g) and
19amended to read:
AB632,20,520 196.491 (3) (g) The commission shall take final action on an application filed
21under par. (a) 1.
within 180 days after the application is determined or considered
22to be complete under par. (a) 2. If the commission fails to take final action within the
23180-day period, the commission is considered to have issued a certificate of public
24convenience and necessity with respect to the application, unless the commission,
25within the 180-day period, petitions the circuit court for Dane County for an

1extension of time for taking final action on the application and the court grants an
2extension. Upon a showing of good cause, the court may extend the 180-day period
3for no more than an additional 180 days . If the commission fails to take final action
4within the extended period, the commission is considered to have issued a certificate
5of public convenience and necessity with respect to the application.
AB632, s. 39 6Section 39. 196.491 (3) (g) 1m. of the statutes is repealed.
AB632, s. 40 7Section 40. 196.491 (3) (ge) of the statutes is created to read:
AB632,20,108 196.491 (3) (ge) 1. The commission may reconsider a certificate of public
9convenience and necessity issued under this subsection for a facility if any of the
10following applies:
AB632,20,1211 a. Another state takes action on a matter related to the facility and the action
12is not consistent with the issuance of the certificate.
AB632,20,1613 b. An issue or information is considered in a proceeding in another state on a
14matter related to the facility, the issue or information was not considered by the
15commission, and the issue or information reasonably could have influenced the
16commission's decision to issue the certificate.
AB632,20,2017 2. If the commission reconsiders a certificate of public convenience and
18necessity under subd. 1., the commission shall determine whether the application for
19the certificate meets the criteria under par. (d) and the commission may revoke or
20amend the certificate.
AB632, s. 41 21Section 41. 196.491 (3) (gm) of the statutes is amended to read:
AB632,21,1122 196.491 (3) (gm) The commission may not approve an application filed after
23October 29, 1999, under this section subsection for a certificate of public convenience
24and necessity for a high-voltage transmission line that is designed for operation at
25a nominal voltage of 345 kilovolts or more unless the approval includes the condition

1that the applicant shall pay the fees specified in sub. (3g) (a). If the commission has
2approved an application under this section subsection for a certificate of public
3convenience and necessity for a high-voltage transmission line that is designed for
4operation at a nominal voltage of 345 kilovolts or more that was filed after
5April 1, 1999, and before October 29, 1999, the commission shall require the
6applicant to pay the fees specified in sub. (3g) (a). For any application subject to this
7paragraph, the commission shall determine the cost of the high-voltage
8transmission line, identify the counties, towns, villages and cities through which the
9high-voltage transmission line is routed and allocate the amount of investment
10associated with the high-voltage transmission line to each such county, town, village
11and city.
AB632, s. 42 12Section 42. 196.491 (3) (h) of the statutes is renumbered 196.491 (6).
AB632, s. 43 13Section 43. 196.491 (3) (j) of the statutes is amended to read:
AB632,21,1814 196.491 (3) (j) Any person whose substantial rights may be adversely affected
15or any county, municipality or town having jurisdiction over land affected by a
16certificate of public convenience and necessity for which an application is filed under
17par. (a) 1.
may petition for judicial review, under ch. 227, of any decision of the
18commission regarding the certificate.
AB632, s. 44 19Section 44. 196.491 (3b) of the statutes is created to read:
AB632,21,2420 196.491 (3b) Expedited review. (a) A person who proposes to construct a
21high-voltage transmission line may apply for a certificate of public convenience and
22necessity under this subsection if the construction is limited to adding conductors to
23existing transmission poles or towers and if all related construction activity takes
24place entirely within the area of an existing electric transmission line right-of-way.
AB632,22,4
1(b) The commission shall promulgate rules specifying the information that
2must be included in an application under this subsection. If the commission receives
3an application that complies with rules, the commission shall, as soon as practicable,
4notify the applicant that the commission has received a complete application.
AB632,22,105 (c) The commission is considered to have issued a certificate of public
6convenience and necessity under sub. (3) for construction specified in an application
7under par. (a) unless the commission notifies the applicant, no later than 30 business
8days after the date on which the commission notifies an applicant under par. (b) that
9the application is complete, that the commission has determined that the public
10interest requires the applicant to obtain a certificate under s. 196.49 (3).
AB632, s. 45 11Section 45. 196.491 (4) (c) of the statutes is renumbered 196.491 (4) (c) 1. and
12amended to read:
AB632,22,1613 196.491 (4) (c) 1. A certificate under sub. (3) is not required for a person to
14construct a high-voltage transmission line designed for operation at a nominal
15voltage of less than 230 345 kilovolts if all related construction activity takes place
16entirely within the area of an existing electric transmission line right-of-way.
AB632, s. 46 17Section 46. 196.491 (4) (c) 2. of the statutes is created to read:
AB632,22,2118 196.491 (4) (c) 2. The commission is not required to prepare an environmental
19impact statement under under s. 1.11 (2) (c) for construction that is specified in subd.
201., but shall prepare an environmental assessment regarding the construction if an
21environmental assessment is required under the commission's rules.
AB632, s. 47 22Section 47. 196.491 (4) (c) 3. of the statutes is created to read:
AB632,22,2523 196.491 (4) (c) 3. If construction or utilization of a high-voltage transmission
24line described in subd. 1. is precluded or inhibited by a local ordinance, the
25construction and utilization of the line may nevertheless proceed.
AB632, s. 48
1Section 48. 196.491 (6) (title) of the statutes is created to read:
AB632,23,22 196.491 (6) (title) Waiver.
AB632, s. 49 3Section 49. Initial applicability.
AB632,23,64 (1) Revocation of certificates of public convenience and necessity. The
5treatment of section 196.491 (3) (ge) of the statutes first applies to certificates of
6public convenience and necessity issued on the effective date of this subsection.
AB632,23,97 (2) Utility aid payments. The treatment of section 79.04 (6) (c) 3. and (7) (c) 1m.
8and (d) of the statutes first applies to distributions made on the 4th Monday of July
92005.
AB632,23,1410 (3) Permit procedure for utility facilities. The treatment of sections 30.02
11(1) and (2), 30.025 (title), (1), (1b), (1e), (1m), (1s) (title) and (b), (2), (2g), (2s), (3)
12(intro.), (3m), and (4), and 30.206 (1m) of the statutes first applies to applications for
13permits filed with the department of natural resources on the effective date of this
14subsection.
AB632,23,1515 (End)
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