AB632-ASA1, s. 17
11Section
17. 30.025 (3) (intro.) of the statutes is amended to read:
AB632-ASA1,13,1312
30.025
(3) Permit issuance. (intro.) The department shall grant the necessary
13permits if
, after hearing, it finds that the applicant has shown that the proposal:
AB632-ASA1,13,2015
30.025
(3m) Environmental assessments for certain projects. The
16department is not required to prepare an environmental impact statement under s.
171.11 (2) (c) for the construction of a project that is specified in s. 196.491 (4) (c) 1. and
18for which one or more permits are required, but shall prepare an environmental
19assessment regarding the construction if the department's rules require an
20environmental assessment.
AB632-ASA1,14,222
30.025
(4) Permit conditions. The permit may be issued upon stated
23conditions deemed necessary to assure compliance with the criteria designated
24under sub. (3). The department shall grant or deny the application
within the time
25limit applicable under s. 196.491 (3) (a) 3. b. for a permit for the utility facility within
130 days of the date on which the commission issues its decision under s. 196.49 or
2196.491 (3).
AB632-ASA1,14,64
30.206
(1m) The department shall issue a general permit under this section
5for the construction of projects for which the commission is considered to have issued
6a certificate under s. 196.491 (3b).
AB632-ASA1,14,138
32.03
(5) (c) This subsection does not prohibit an electric utility from
9negotiating with the owner, or one of the owners, of a property, or the representative
10of an owner, before the issuance of a certificate of public convenience and necessity,
11if the electric utility advises the owner or representative that the electric utility does
12not have the authority to acquire the property by condemnation until the issuance
13of a certificate of public convenience and necessity.
AB632-ASA1,14,2215
66.0119
(1) (a) "Inspection purposes"
include includes such purposes as
16building, housing, electrical, plumbing, heating, gas, fire, health, safety,
17environmental pollution, water quality, waterways, use of water, food, zoning,
18property assessment, meter and obtaining data required to be submitted in an initial
19site report or feasibility report under subch. III of ch. 289 or s. 291.23, 291.25, 291.29
20or 291.31 or an environmental impact statement related to one of those reports.
21"Inspection purposes" also includes purposes for obtaining information specified in
22s. 196.02 (5m) by or on behalf of the public service commission.
AB632-ASA1,15,424
79.04
(6) (c) 3. For the purpose of determining the amount of the payment
25under par. (b), if a production plant is located in more than one county, the payment
1amount under par. (b) shall be divided among the counties in which the plant is
2located based on the net book value of that portion of the plant located in each county
3as of December 31, 2004, or as of the date on which the plant is operational,
4whichever is later.
AB632-ASA1,15,167
79.04
(7) (c) 1m. Beginning with payments in 2005, if a cogeneration production
8plant, as described in sub. (6) (a), is built and completed after December 31, 2003, and
9has a name-plate capacity of at least one megawatt, each municipality and county
10in which such a cogeneration production plant is located shall receive annually from
11the public utility account a payment in an amount that is equal to the number of
12megawatts that represents the cogeneration production plant's name-plate capacity,
13multiplied by $1,000. Any municipality or county that receives a payment under this
14subdivision in any year may not receive a payment under subd. 1. in that year
, if the
15payment under subd. 1. is based on the same production plant as the payment under
16this subdivision.
AB632-ASA1,15,2318
79.04
(7) (d) For the purpose of determining the amount of any payment under
19this subsection, if a production plant is located in more than one municipality or
20county, the payment amount shall be divided among the municipalities or counties
21in which the plant is located based on the net book value of that portion of the plant
22located in each municipality or county as of December 31, 2004, or as of the date on
23which the plant is operational, whichever is later.
AB632-ASA1,16,3
185.02
(2) The department shall implement the policy specified in s. 1.12 (6) in
2making all decisions, orders, and rules affecting the siting of new electric
3transmission facilities.
AB632-ASA1,16,85
91.75
(4) Such ordinances shall be considered local ordinances for purposes of
6s. 196.491 (3) (i)
and (4) (c) 3. and shall provide that gas and electric utility uses not
7requiring authorization under s. 196.491 (3) are special exceptions or permitted or
8conditional uses and are uses that are consistent with agricultural use.
AB632-ASA1,16,1410
196.02
(5m) Property inspections. The commission may inspect property for
11the purpose of obtaining any information related to the preparation or review of an
12application for a certificate under s. 196.49 or 196.491 (3), including any information
13necessary to evaluate any environmental features or effects that are relevant to such
14an application.
AB632-ASA1,16,1816
196.025
(1m) The commission shall implement the policy specified in s. 1.12
17(6) in making all decisions, orders, and rules affecting the siting of new electric
18transmission facilities.
AB632-ASA1, s. 31
19Section
31. 196.025 (2) (intro.) of the statutes is amended to read:
AB632-ASA1,16,2320
196.025
(2) (intro.) The commission shall promulgate rules establishing
21requirements and procedures for the commission to carry out the duties under s.
221.11. Rules promulgated under this subsection shall include requirements and
23procedures for
the commission to comply with sub. (2m) and for each of the following:
AB632-ASA1,16,2525
196.025
(2m) (a) In this subsection:
AB632-ASA1,17,1
11. "Department" means the department of natural resources.
AB632-ASA1,17,32
2. "Project" means a project or construction requiring a certificate under s.
3196.49 or 196.491 (3) and requiring a permit or approval from the department.
AB632-ASA1,17,64
(b) The commission and the department shall coordinate the execution of their
5respective duties under s. 1.11 for any action of the commission or department
6regarding a project as follows:
AB632-ASA1,17,107
1. If the rules of either the commission or the department require the
8commission or the department to prepare an environmental impact statement on the
9project, the commission and the department shall cooperatively prepare an
10environmental impact statement.
AB632-ASA1,17,1411
2. If subd. 1. does not apply and the rules of either the commission or the
12department require the commission or the department to prepare an environmental
13assessment on the project, the commission and the department shall cooperatively
14prepare an environmental assessment.
AB632-ASA1,17,1715
3. The environmental impact statement or environmental assessment under
16subd. 1. or 2. shall include all of the information required for both the commission
17and the department to carry out their respective duties under s. 1.11.
AB632-ASA1,17,2218
(c) Paragraph (b) does not waive any duty of the commission or the department
19to comply with s. 1.11 or to take any other action required by law regarding a project,
20except that, notwithstanding s. 1.11 (2) (c) 3. and (e), the commission and the
21department are required to consider only the project identified in the application for
22the certificate under s. 196.49 or 196.491 (3) and one alternative to the project.
AB632-ASA1,18,524
196.20
(7) (a) In this subsection, "mitigation payment" means, as approved by
25the commission, an unrestricted or recurring monetary payment to a local unit of
1government in which an electric generating facility is located to mitigate the impact
2of the electric generating facility on the local unit of government. "Mitigation
3payment" does not include payments made or in-kind contributions for restricted
4purposes to directly address health or safety impacts of the electric generating
5facility on the local unit of government.
AB632-ASA1,18,76
(b) Except as provided in par. (c), an electric public utility may not recover in
7rates any of the following:
AB632-ASA1,18,88
1. The cost of mitigation payments paid by the utility.
AB632-ASA1,18,139
2. The cost of mitigation payments paid by the owner or operator of an electric
10generating facility that the owner or operator recovers from the utility by selling
11electricity to the utility, by leasing the facility to the utility, or by any agreement
12between the owner or operator of the electric generating facility and the public
13utility.
AB632-ASA1,18,1614
(c) The commission shall only approve a mitigation payment agreement that
15is received by the commission before June 10, 2003, and, if the commission finds the
16agreement to be reasonable, shall not subsequently modify the agreement.
AB632-ASA1,18,2118
196.49
(4) The commission may not issue a certificate under sub. (1), (2), or (3)
19for the construction of electric generating equipment and associated facilities unless
20the commission determines that brownfields, as defined in s. 560.13 (1) (a), are used
21to the extent practicable.
AB632-ASA1, s. 35
22Section
35. 196.491 (3) (a) 1. of the statutes is amended to read:
AB632-ASA1,19,723
196.491
(3) (a) 1.
No Except as provided in sub. (3b), no person may commence
24the construction of a facility unless the person has applied for and received a
25certificate of public convenience and necessity
from the commission as provided in
1this section under this subsection. An application
for a certificate issued under this
2subsection shall be in the form and
containing
contain the information required by
3commission rules
for such certificate and shall be filed with the commission not less
4than 6 months prior to the commencement of construction of a facility. Within 10
5days after filing
the an application
under this subdivision, the commission shall send
6a copy of the application to the clerk of each municipality and town in which the
7proposed facility is to be located and to the main public library in each such county.
AB632-ASA1, s. 36
8Section
36. 196.491 (3) (a) 3. a. of the statutes is amended to read:
AB632-ASA1,19,209
196.491
(3) (a) 3. a. At least 60 days before a person files an application under
10subd. 1., the person shall provide the department with an engineering plan
showing 11if the facility is a large electric generating facility or a detailed project plan if the
12facility is a high-voltage transmission line. The engineering or project plan shall
13show the location of the facility, a description of the facility, including the major
14components of the facility that have a significant air, water or solid waste pollution
15potential, and a
brief description of the anticipated effects of the facility on air
and 16quality, water quality
, wetlands, solid waste disposal capacity, and other natural
17resources. Within 30 days after a person provides an engineering
or project plan, the
18department shall provide the person with a listing of each department permit or
19approval which, on the basis of the information contained in the engineering
or
20project plan, appears to be required for the construction or operation of the facility.
AB632-ASA1,19,2522
196.491
(3) (b) The commission shall hold a public hearing on an application
23filed under par. (a) 1. that is determined or considered to be complete in the area
24affected pursuant to s. 227.44. A class 1 notice, under ch. 985, shall be given at least
2530 days prior to the hearing.
AB632-ASA1, s. 38
1Section
38. 196.491 (3) (d) (intro.) of the statutes is amended to read:
AB632-ASA1,20,52
196.491
(3) (d) (intro.) Except as provided under par. (e) and s. 196.493, the
3commission shall approve an application
filed under par. (a) 1. for a certificate of
4public convenience and necessity only if the commission determines all of the
5following:
AB632-ASA1, s. 39
6Section
39. 196.491 (3) (d) 8. of the statutes is created to read:
AB632-ASA1,20,87
196.491
(3) (d) 8. For a large electric generating facility, brownfields, as defined
8in s. 560.13 (1) (a), are used to the extent practicable.
AB632-ASA1,20,1610
196.491
(3) (e) If
the an application
filed under par. (a) 1. does not meet the
11criteria under par. (d), the commission shall reject the application or approve the
12application with such modifications as are necessary for an affirmative finding under
13par. (d). The commission may not issue a certificate of public convenience and
14necessity
under this subsection until the department has issued all permits and
15approvals identified in the listing specified in par. (a) 3. a. that are required prior to
16construction.
AB632-ASA1, s. 41
17Section
41. 196.491 (3) (g) 1. of the statutes is renumbered 196.491 (3) (g) and
18amended to read:
AB632-ASA1,21,419
196.491
(3) (g) The commission shall take final action on an application
filed
20under par. (a) 1. within 180 days after the application is determined or considered
21to be complete under par. (a) 2. If the commission fails to take final action within the
22180-day period, the commission is considered to have issued a certificate of public
23convenience and necessity with respect to the application, unless the commission,
24within the 180-day period, petitions the circuit court for Dane County for an
25extension of time for taking final action on the application and the court grants an
1extension. Upon a showing of good cause, the court may extend the 180-day period
2for no more than an additional 180 days . If the commission fails to take final action
3within the extended period, the commission is considered to have issued a certificate
4of public convenience and necessity with respect to the application.
AB632-ASA1,21,217
196.491
(3) (gm) The commission may not approve an application filed after
8October 29, 1999, under this
section subsection for a certificate of public convenience
9and necessity for a high-voltage transmission line that is designed for operation at
10a nominal voltage of 345 kilovolts or more unless the approval includes the condition
11that the applicant shall pay the fees specified in sub. (3g) (a). If the commission has
12approved an application under this
section subsection for a certificate of public
13convenience and necessity for a high-voltage transmission line that is designed for
14operation at a nominal voltage of 345 kilovolts or more that was filed after
15April 1, 1999, and before October 29, 1999, the commission shall require the
16applicant to pay the fees specified in sub. (3g) (a). For any application subject to this
17paragraph, the commission shall determine the cost of the high-voltage
18transmission line, identify the counties, towns, villages and cities through which the
19high-voltage transmission line is routed and allocate the amount of investment
20associated with the high-voltage transmission line to each such county, town, village
21and city.
AB632-ASA1, s. 44
22Section
44. 196.491 (3) (h) of the statutes is renumbered 196.491 (6).
AB632-ASA1,22,324
196.491
(3) (j) Any person whose substantial rights may be adversely affected
25or any county, municipality or town having jurisdiction over land affected by a
1certificate of public convenience and necessity
for which an application is filed under
2par. (a) 1. may petition for judicial review, under ch. 227, of any decision of the
3commission regarding the certificate.
AB632-ASA1,22,95
196.491
(3b) Expedited review. (a) A person who proposes to construct a
6high-voltage transmission line may apply for a certificate under this subsection if
7the construction is limited to adding conductors to existing transmission poles or
8towers and if all related construction activity takes place entirely within the area of
9an existing electric transmission line right-of-way.
AB632-ASA1,22,1310
(b) The commission shall promulgate rules specifying the information that
11must be included in an application under this subsection. If the commission receives
12an application that complies with rules, the commission shall, as soon as practicable,
13notify the applicant that the commission has received a complete application.
AB632-ASA1,22,1914
(c) The commission is considered to have issued a certificate of public
15convenience and necessity under sub. (3) for construction specified in an application
16under par. (a) unless the commission notifies the applicant, no later than 30 business
17days after the date on which the commission notifies an applicant under par. (b) that
18the application is complete, that the commission has determined that the public
19interest requires the applicant to obtain a certificate under s. 196.49.
AB632-ASA1, s. 47
20Section
47. 196.491 (4) (c) of the statutes is renumbered 196.491 (4) (c) 1. and
21amended to read:
AB632-ASA1,22,2522
196.491
(4) (c) 1. A certificate under sub. (3) is not required for a person to
23construct a high-voltage transmission line designed for operation at a nominal
24voltage of less than
230 345 kilovolts if all related construction activity takes place
25entirely within the area of an existing electric transmission line right-of-way.
AB632-ASA1, s. 48
1Section
48. 196.491 (4) (c) 2. of the statutes is created to read:
AB632-ASA1,23,52
196.491
(4) (c) 2. The commission is not required to prepare an environmental
3impact statement under under s. 1.11 (2) (c) for construction that is specified in subd.
41., but shall prepare an environmental assessment regarding the construction if an
5environmental assessment is required under the commission's rules.
AB632-ASA1, s. 49
6Section
49. 196.491 (4) (c) 3. of the statutes is created to read:
AB632-ASA1,23,97
196.491
(4) (c) 3. If construction or utilization of a high-voltage transmission
8line described in subd. 1. is precluded or inhibited by a local ordinance, the
9construction and utilization of the line may nevertheless proceed.
AB632-ASA1, s. 50
10Section
50. 196.491 (6) (title) of the statutes is created to read:
AB632-ASA1,23,1111
196.491
(6) (title)
Waiver.
AB632-ASA1,23,1513
(1)
Utility aid payments. The treatment of section 79.04 (6) (c) 3. and (7) (c) 1m.
14and (d) of the statutes first applies to distributions made on the 4th Monday of July
152005.
AB632-ASA1,23,2016
(2)
Department of natural resources procedures. The treatment of sections
1730.02 (1) and (2), 30.025 (title), (1), (1b), (1e), (1m), (1s) (title) and (b), (2), (2g), (2s),
18(3) (intro.), (3m), and (4), and 30.206 (1m) of the statutes first applies to applications
19for permits, as defined in section 30.025 (1b) (b) of the statutes, as created by this act,
20filed with the department of natural resources on the effective date of this subsection.
AB632-ASA1,24,221
(3)
Public service commission procedures. The treatment of sections 196.49
22(4) and 196.491 (3) (a) 1. and 3. a., (b), (d) (intro.) and 8., (e), (g) 1. and 1m., (gm), and
23(j), (3b), and (4) (c) 2. and 3. of the statutes and the renumbering and amendment of
1section 196.491 (4) (c) of the statutes first apply to applications submitted on the
2effective date of this subsection.