SB9, s. 1 1Section 1. 196.378 (4g) (a) 1. of the statutes is renumbered 196.378 (4g) (a) 1r.
SB9, s. 2 2Section 2. 196.378 (4g) (a) 1g. of the statutes is created to read:
SB9,3,53 196.378 (4g) (a) 1g. "Affected owner" means the owner of property located
4within one-half mile of property on which a wind energy system is installed or
5proposed to be installed.
SB9, s. 3 6Section 3. 196.378 (4g) (a) 2g. of the statutes is created to read:
SB9,3,107 196.378 (4g) (a) 2g. "Large wind energy system" means a wind energy system
8that has a total installed nameplate capacity of more than 300 kilowatts and that
9consists of individual wind turbines that have an installed nameplate capacity of
10more than 100 kilowatts.
SB9, s. 4 11Section 4. 196.378 (4g) (a) 2r. of the statutes is created to read:
SB9,3,1312 196.378 (4g) (a) 2r. "Large wind energy system owner" means any of the
13following:
SB9,4,214 a. A person with a direct ownership interest in a large wind energy system,
15regardless of whether the person was involved in acquiring the necessary rights,

1permits, and approvals or otherwise planning for the construction and operation of
2a large wind energy system.
SB9,4,73 b. At the time a large wind energy system is being developed, a person who is
4acting as a large wind energy system developer by acquiring the necessary rights,
5permits, and approvals for or by planning for the construction and operation of a
6large wind energy system, regardless of whether the person will own or operate the
7large wind energy system.
SB9, s. 5 8Section 5. 196.378 (4g) (a) 5. of the statutes is created to read:
SB9,4,109 196.378 (4g) (a) 5. "Working day" means each day except Saturday, Sunday, or
10a legal holiday under s. 995.20.
SB9, s. 6 11Section 6. 196.378 (4g) (am) of the statutes is created to read:
SB9,4,1512 196.378 (4g) (am) 1. A large wind energy system owner shall design and
13construct a large wind energy system so that the setback distance is at least 1,800
14feet, unless the owners of all of the following properties agree in writing to a setback
15distance of less than 1,800 feet:
SB9,4,1716 a. Properties that adjoin the property on which the large wind energy system
17is located.
SB9,4,1918 b. Properties separated only by a right-of-way from the property on which the
19large wind energy system is located.
SB9,4,2320 2. For purposes of this paragraph, setback distance shall be measured as a
21straight line from the vertical center line of the wind turbine tower of the large wind
22energy system to the nearest point on the property line of the property on which the
23large wind energy system is located.
SB9, s. 7 24Section 7. 196.378 (4g) (b) of the statutes is amended to read:
SB9,5,13
1196.378 (4g) (b) The commission shall, with the advice of the wind siting
2council, promulgate rules that specify the restrictions a political subdivision may
3impose on the installation or use of a wind energy system consistent with the
4conditions specified in s. 66.0401 (1m) (a) to (c). The subject matter of these rules
5shall include setback requirements that provide reasonable protection from any
6health effects, including health effects from noise and shadow flicker, associated with
7wind energy systems. The subject matter of these rules shall also include

8decommissioning and may include visual appearance, lighting, electrical
9connections to the power grid, setback distances, maximum audible sound levels,
10shadow flicker, proper means of measuring noise, interference with radio, telephone,
11or television signals, or other matters. A political subdivision may not place a
12restriction on the installation or use of a wind energy system that is more restrictive
13than these rules.
SB9, s. 8 14Section 8. 196.378 (4g) (br) of the statutes is created to read:
SB9,5,1715 196.378 (4g) (br) Any rules promulgated under par. (b) that involve a person
16who is affected by a wind energy system, including rules requiring written notice,
17shall ensure that such a person includes an affected owner.
SB9, s. 9 18Section 9. 196.378 (4g) (c) 5. of the statutes is created to read:
SB9,5,2219 196.378 (4g) (c) 5. Allow an affected owner who has entered into an agreement
20with the owner or operator of a wind energy system regarding the installation or use
21of the wind energy system to terminate the agreement upon giving written notice of
22the termination no later than 10 working days after entering into the agreement.
SB9, s. 10 23Section 10. 196.378 (4g) (c) 6. of the statutes is created to read:
SB9,6,224 196.378 (4g) (c) 6. Require the owner or operator of a wind energy system to
25provide a copy of the brochure specified in par. (dm) to an affected owner prior to

1entering into an agreement with the affected owner regarding the installation or use
2of the wind energy system.
SB9, s. 11 3Section 11. 196.378 (4g) (c) 7. of the statutes is created to read:
SB9,6,94 196.378 (4g) (c) 7. Require any individual who negotiates an agreement with
5an affected owner on behalf of the owner or operator of a wind energy system
6regarding an interest in real estate related to the installation or use of the wind
7energy system to make a written disclosure that the individual is licensed as a real
8estate broker under ch. 452 or is exempt from such licensure. The rules shall also
9require inclusion of the written disclosure as an addendum to the agreement.
SB9, s. 12 10Section 12. 196.378 (4g) (dm) of the statutes is created to read:
SB9,6,1511 196.378 (4g) (dm) The commission shall prepare and make available to the
12public a brochure that describes wind energy systems, requirements under state law
13applicable to wind energy systems, including any provisions of the commission's
14rules that allow for waiver of any such requirements, and the possible impacts of
15wind energy systems on property owners, including affected owners.
SB9, s. 13 16Section 13. 196.378 (4g) (e) of the statutes is amended to read:
SB9,7,217 196.378 (4g) (e) The wind siting council shall survey the peer-reviewed
18scientific research regarding the health impacts of wind energy systems and study
19state and national regulatory developments regarding the siting of wind energy
20systems. The wind siting council shall also study the impacts of wind energy systems
21on property values.
No later than October 1, 2014, and every 5 years thereafter, the
22wind siting council shall submit a report to the chief clerk of each house of the
23legislature, for distribution to the appropriate standing committees under s. 13.172
24(3), describing the research and, regulatory developments, and property value

1impacts,
and including any recommendations of the council for legislation that is
2based on the research and, regulatory developments, and property value impacts.
SB9, s. 14 3Section 14. Nonstatutory provisions.
SB9,7,94 (1) The public service commission shall submit in proposed form the rules that
5are necessary to comply with section 196.378 (4g) (br) of the statutes, as created by
6this act, and that are required under section 196.378 (4g) (c) 5., 6., and 7. of the
7statutes, as created by this act, to the legislative council staff under section 227.15
8(1) of the statutes no later than the first day of the 4th month beginning after the
9effective date of this subsection.
SB9,7,2010 (2) The public service commission shall comply with section 196.378 (4g) (br)
11of the statutes, as created by this act, by using the procedure under section 227.24
12of the statutes to promulgate rules under section 196.378 (4g) (b) of the statutes, for
13the period before the effective date of the rules submitted under subsection (1), but
14not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject
15to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24
16(1) (a), (2) (b), and (3) of the statutes, the public service commission is not required
17to provide evidence that promulgating rules under this subsection as emergency
18rules is necessary for the preservation of the public peace, health, safety, or welfare
19and is not required to provide a finding of emergency for rules promulgated under
20this subsection.
SB9,8,521 (3) Using the procedure under section 227.24 of the statutes, the public service
22commission shall promulgate rules required under section 196.378 (4g) (c) 5., 6., and
237. of the statutes, as created by this act, for the period before the effective date of the
24rules submitted under subsection (1 ), but not to exceed the period authorized under
25section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of

1the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes,
2the public service commission is not required to provide evidence that promulgating
3rules under this subsection as emergency rules is necessary for the preservation of
4the public peace, health, safety, or welfare and is not required to provide a finding
5of emergency for rules promulgated under this subsection.
SB9, s. 15 6Section 15. Initial applicability.
SB9,8,97 (1) The treatment of section 196.378 (4g) (am) of the statutes first applies to
8large wind energy systems for which design or construction commences on the
9effective date of this subsection.
SB9, s. 16 10Section 16. Effective date.
SB9,8,1211 (1) This act takes effect on the first day of the 4th month beginning after
12publication.
SB9,8,1313 (End)
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