196.491 (3) (d) (intro.) Except as provided under par. (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:
89,39
Section
39. 196.491 (3) (d) 8. of the statutes is created to read:
196.491 (3) (d) 8. For a large electric generating facility, brownfields, as defined in s. 560.13 (1) (a), are used to the extent practicable.
89,40
Section
40. 196.491 (3) (e) of the statutes is amended to read:
196.491 (3) (e) If the an application filed under par. (a) 1. does not meet the criteria under par. (d), the commission shall reject the application or approve the application with such modifications as are necessary for an affirmative finding under par. (d). The commission may not issue a certificate of public convenience and necessity under this subsection until the department has issued all permits and approvals identified in the listing specified in par. (a) 3. a. that are required prior to construction.
89,41
Section
41. 196.491 (3) (g) 1. of the statutes is renumbered 196.491 (3) (g) and amended to read:
196.491 (3) (g) The commission shall take final action on an application filed under par. (a) 1. within 180 days after the application is determined or considered to be complete under par. (a) 2. If the commission fails to take final action within the 180-day period, the commission is considered to have issued a certificate of public convenience and necessity with respect to the application, unless the commission, within the 180-day period, petitions the circuit court for Dane County for an extension of time for taking final action on the application and the court grants an extension. Upon a showing of good cause, the court may extend the 180-day period for no more than an additional 180 days . If the commission fails to take final action within the extended period, the commission is considered to have issued a certificate of public convenience and necessity with respect to the application.
89,42
Section
42. 196.491 (3) (g) 1m. of the statutes is repealed.
89,43
Section
43. 196.491 (3) (gm) of the statutes is amended to read:
196.491 (3) (gm) The commission may not approve an application filed after October 29, 1999, under this section subsection for a certificate of public convenience and necessity for a high-voltage transmission line that is designed for operation at a nominal voltage of 345 kilovolts or more unless the approval includes the condition that the applicant shall pay the fees specified in sub. (3g) (a). If the commission has approved an application under this section subsection for a certificate of public convenience and necessity for a high-voltage transmission line that is designed for operation at a nominal voltage of 345 kilovolts or more that was filed after April 1, 1999, and before October 29, 1999, the commission shall require the applicant to pay the fees specified in sub. (3g) (a). For any application subject to this paragraph, the commission shall determine the cost of the high-voltage transmission line, identify the counties, towns, villages and cities through which the high-voltage transmission line is routed and allocate the amount of investment associated with the high-voltage transmission line to each such county, town, village and city.
89,44
Section
44. 196.491 (3) (h) of the statutes is renumbered 196.491 (6).
89,45
Section
45. 196.491 (3) (j) of the statutes is amended to read:
196.491 (3) (j) Any person whose substantial rights may be adversely affected or any county, municipality or town having jurisdiction over land affected by a certificate of public convenience and necessity for which an application is filed under par. (a) 1. may petition for judicial review, under ch. 227, of any decision of the commission regarding the certificate.
89,46
Section
46. 196.491 (3b) of the statutes is created to read:
196.491 (3b) Expedited review. (a) A person who proposes to construct a high-voltage transmission line may apply for a certificate under this subsection if the construction is limited to adding conductors to existing transmission poles or towers and if all related construction activity takes place entirely within the area of an existing electric transmission line right-of-way.
(b) The commission shall promulgate rules specifying the information that must be included in an application under this subsection. If the commission receives an application that complies with rules, the commission shall, as soon as practicable, notify the applicant that the commission has received a complete application.
(c) The commission is considered to have issued a certificate of public convenience and necessity under sub. (3) for construction specified in an application under par. (a) unless the commission notifies the applicant, no later than 30 business days after the date on which the commission notifies an applicant under par. (b) that the application is complete, that the commission has determined that the public interest requires the applicant to obtain a certificate under s. 196.49.
89,47
Section
47. 196.491 (4) (c) of the statutes is renumbered 196.491 (4) (c) 1. and amended to read:
196.491 (4) (c) 1. A certificate under sub. (3) is not required for a person to construct a high-voltage transmission line designed for operation at a nominal voltage of less than 230 345 kilovolts if all related construction activity takes place entirely within the area of an existing electric transmission line right-of-way.
89,48
Section
48. 196.491 (4) (c) 2. of the statutes is created to read:
196.491 (4) (c) 2. The commission is not required to prepare an environmental impact statement under under s. 1.11 (2) (c) for construction that is specified in subd. 1., but shall prepare an environmental assessment regarding the construction if an environmental assessment is required under the commission's rules.
89,49
Section
49. 196.491 (4) (c) 3. of the statutes is created to read:
196.491 (4) (c) 3. If construction or utilization of a high-voltage transmission line described in subd. 1. is precluded or inhibited by a local ordinance, the construction and utilization of the line may nevertheless proceed.
89,50
Section
50. 196.491 (6) (title) of the statutes is created to read:
196.491 (6) (title) Waiver.
89,51
Section
51.
Initial applicability.
(1) Utility aid payments. The treatment of section 79.04 (6) (c) 3. and (7) (c) 1m. and (d) of the statutes first applies to distributions made on the 4th Monday of July 2005.
(2) Department of natural resources procedures. The treatment of sections 30.02 (1) and (2), 30.025 (title), (1), (1b), (1e), (1m), (1s) (title) and (b), (2), (2g), (2s), (3) (intro.), (3m), and (4), and 30.206 (1m) of the statutes first applies to applications for permits, as defined in section 30.025 (1b) (b) of the statutes, as created by this act, filed with the department of natural resources on the effective date of this subsection.
(3) Public service commission procedures. The treatment of sections 196.49 (4) and 196.491 (3) (a) 1. and 3. a., (b), (d) (intro.) and 8., (e), (g) 1. and 1m., (gm), and (j), (3b), and (4) (c) 2. and 3. of the statutes and the renumbering and amendment of section 196.491 (4) (c) of the statutes first apply to applications submitted on the effective date of this subsection.
