AB581: Bill Text

LRB-4092/1

MDK:wlj&cjs:jm

2011 - 2012 LEGISLATURE

2011 Assembly BILL 581

February 17, 2012 - Introduced by Representatives Murtha, Bies, Jacque, Kestell, LeMahieu, Pridemore and Van Roy, cosponsored by Senator Lasee. Referred to Committee on Energy and Utilities.

AB581,1,4 An Act to amend 66.0401 (1m) (intro.), 66.0401 (4) (f) 1., 66.0401 (4) (g), 66.0401 (5) (a), 66.0401 (5) (d), 196.378 (4g) (b), 196.378 (4g) (c) 1., 196.491 (3) (d) (intro.) and 196.491 (3) (dg); and to create 196.491 (1) (x) of the statutes; relating to: setback requirements for wind energy systems.

Analysis by the Legislative Reference Bureau

Under current law, the Public Service Commission (PSC), with the advice of the Wind Siting Council, must promulgate rules specifying the restrictions that a city, village, town, or county may impose on the installation or use of a "wind energy system," which is defined as equipment and associated facilities that convert and then store or transfer wind energy into usable forms of energy. The restrictions must satisfy certain conditions, including preserving or protecting the public health or safety and not significantly increasing the cost of a wind energy system or significantly decreasing its efficiency. In addition, the subject matter of the rules must include setback requirements and decommissioning, and may include other matters. Current law prohibits a city, village, town, or county from placing a restriction on the installation or use of a wind energy system that is more restrictive than the PSC's rules.

This bill creates an exception from this prohibition for setback requirements, as the bill allows a city, village, town, or county to impose a setback requirement that is more restrictive than the PSC's rules. The bill also prohibits the PSC, which has jurisdiction over a wind energy system with a capacity of 100 megawatts or more, from issuing a certificate of public convenience and necessity for such a wind energy system unless the system is consistent with any applicable setback requirement that is more restrictive than the PSC's rules.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB581, s. 1 Section 1. 66.0401 (1m) (intro.) of the statutes is amended to read:

AB581,2,9 66.0401 (1m) Authority to restrict systems limited. (intro.) No Except for restrictions regarding setback requirements, no political subdivision may place any restriction, either directly or in effect, on the installation or use of a wind energy system that is more restrictive than the rules promulgated by the commission under s. 196.378 (4g) (b). No political subdivision may place any restriction, either directly or in effect, on the installation or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, unless the restriction satisfies one of the following conditions:

AB581, s. 2 Section 2. 66.0401 (4) (f) 1. of the statutes is amended to read:

AB581,2,15 66.0401 (4) (f) 1. Except as provided in subd. 2., a political subdivision may not deny or impose a restriction, except a restriction regarding setback requirements, on an application for approval unless the political subdivision enacts an ordinance that is no more restrictive than the rules the commission promulgates under s. 196.378 (4g) (b).

AB581, s. 3 Section 3. 66.0401 (4) (g) of the statutes is amended to read:

AB581,2,21 66.0401 (4) (g) A political subdivision that chooses to regulate wind energy systems shall enact an ordinance, subject to sub. (6) (b), that is no more restrictive than the applicable standards established by the commission in rules promulgated under s. 196.378 (4g). This paragraph does not apply to the regulation of setback requirements for wind energy systems.

AB581, s. 4 Section 4. 66.0401 (5) (a) of the statutes is amended to read:

AB581,3,7 66.0401 (5) (a) A decision of a political subdivision to determine that an application is incomplete under sub. (4) (a) 1., or to approve, disapprove, or impose a restriction upon a wind energy system, or an action of a political subdivision to enforce a restriction on a wind energy system, may be appealed only as provided in this subsection. This paragraph does not apply to a restriction regarding setback requirements.

AB581, s. 5 Section 5. 66.0401 (5) (d) of the statutes is amended to read:

AB581,3,18 66.0401 (5) (d) The commission may confine its review to the records it receives from the political subdivision or, if it finds that additional information would be relevant to its decision, expand the records it reviews. The commission shall issue a decision within 90 days after the date on which it receives all of the records it requests under par. (c), unless for good cause the commission extends this time period in writing. If the commission determines that the political subdivision's decision or enforcement action does not comply with the rules it promulgates under s. 196.378 (4g) that are applicable or is otherwise unreasonable, the political subdivision's decision shall be superseded by the commission's decision and the commission may order an appropriate remedy.

AB581, s. 6 Section 6. 196.378 (4g) (b) of the statutes is amended to read:

AB581,4,7 196.378 (4g) (b) The commission shall, with the advice of the wind siting council, promulgate rules that specify the restrictions a political subdivision may impose on the installation or use of a wind energy system consistent with the conditions specified in s. 66.0401 (1m) (a) to (c). The subject matter of these rules shall include setback requirements that provide reasonable protection from any health effects, including health effects from noise and shadow flicker, associated with wind energy systems. The subject matter of these rules shall also include decommissioning and may include visual appearance, lighting, electrical connections to the power grid, setback distances, maximum audible sound levels, shadow flicker, proper means of measuring noise, interference with radio, telephone, or television signals, or other matters. A Except for a restriction regarding setback requirements, a political subdivision may not place a restriction on the installation or use of a wind energy system that is more restrictive than these rules.

AB581, s. 7 Section 7. 196.378 (4g) (c) 1. of the statutes is amended to read:

AB581,4,12 196.378 (4g) (c) 1. Specify the information and documentation to be provided in an application for approval to demonstrate that a proposed wind energy system complies with rules promulgated under par. (b) or any applicable setback requirement that is more restrictive than rules.

AB581, s. 8 Section 8. 196.491 (1) (x) of the statutes is created to read:

AB581,4,15 196.491 (1) (x) "Wind energy system" has the meaning given in s. 66.0403 (1) (m).

AB581, s. 9 Section 9. 196.491 (3) (d) (intro.) of the statutes is amended to read:

AB581,4,20 196.491 (3) (d) (intro.) Except as provided under par. pars. (dg) and (e) and s. 196.493, the commission shall approve an application filed under par. (a) 1. for a certificate of public convenience and necessity only if the commission determines all of the following:

AB581, s. 10 Section 10. 196.491 (3) (dg) of the statutes is amended to read:

AB581,5,5 196.491 (3) (dg) In making a determination under par. (d) that applies to a large electric generating facility, if the large electric generating facility is a wind energy system, as defined in s. 66.0403 (1) (m), the commission shall consider whether installation or use of the facility is consistent with the standards specified in the rules promulgated by the commission under s. 196.378 (4g) (b) or any applicable setback requirement that is more restrictive than the rules. The commission may not approve an application filed under par. (a) 1. for a wind energy system unless the system is consistent with any applicable setback requirement that is more restrictive than the rules.

AB581, s. 11 Section 11. Initial applicability.

AB581,5,10 (1) The treatment of sections 66.0401 (1m) (intro.) and (4) (f) 1., 196.378 (4g) (b) and (c) 1., and 196.491 (1) (x) and (3) (d) (intro.) and (dg) of the statutes first applies to restrictions that a city, village, town, or county places on a wind energy system on the effective date of this subsection.

AB581,5,11 (End)