Under the substitute amendment, DNR must grant the permits for the utility
facility if DNR makes certain findings, including that the proposal complies with
certain environmental statutes and that it does not unduly affect public rights and
interests in navigable waterways. The substitute amendment requires DNR to
grant or deny the application within 30 days of the date on which the PSC issues its
decision on the utility's application for a certificate.
The substitute amendment also specifies that as a part of this permit procedure
DNR must review the proposed utility facility to assess whether the location, site,
or route is capable of meeting the criteria for obtaining the required permits from
DNR and must provide this information to the PSC. DNR must also participate in
PSC investigations or proceedings relating to the application for a certificate of
public convenience and necessity for the utility facility. The substitute amendment
provides that if the PSC issues the certificate for that utility facility, after considering
DNR's participation in the PSC's proceedings and after considering certain other
factors, DNR may not require the applicant to make any further analysis of utility

facility alternatives, except that DNR may identify adjustments that may be
required to address permitting issues within the location, site, or route for which the
certificate is issued.
Under current law, for certain activities affecting navigable waters that are
undertaken by riparian owners, or for activities relating to the construction,
dredging, or enlarging of certain waterways, DNR may issue general permits
authorizing a class of activities. This substitute amendment requires DNR to issue
a general permit for the construction of those high-voltage transmission line projects
to which the expedited procedure created in this substitute amendment for obtaining
a certificate from the PSC applies.
Environmental impacts
Current law requires state agencies, including the PSC and DNR, to consider
the environmental impacts of proposed actions, including proposals to issue the
certificates, permits, and approvals described above. These requirements were
created by the Wisconsin Environmental Policy Act (WEPA). The PSC and DNR
have promulgated rules for complying with WEPA. Under these rules, the PSC or
DNR must prepare an environmental impact statement (EIS) for major actions that
significantly affect the quality of the human environment and an environmental
assessment (EA) for actions that have the potential to significantly affect the quality
of the human environment. Based on the results of an EA, the PSC or DNR may also
prepare an EIS.
The substitute amendment requires the PSC and DNR to coordinate their
compliance with WEPA when the PSC and DNR receive applications for certificates,
permits, and approvals that are required from both the PSC and DNR for the
construction of electric generating facilities and high-voltage transmission lines and
certain other nontelecommunications utility projects (such as, for example,
construction of a natural gas pipeline). The substitute amendment also requires
such coordination when public utilities that are not telecommunications utilities
apply to the PSC for certificates authorizing other types of construction projects.
Such coordination is also required when a natural gas utility applies to the PSC for
a certificate authorizing a project involving switching sources of natural gas
supplies.
Under the substitute amendment, if the rules of either the PSC or DNR require
the preparation of an EIS for an application for a certificate, permit, or approval
described above, the PSC and DNR must cooperatively prepare an EIS. If neither
agency's rules require an EIS, but either agency's rules require an EA, the PSC and
DNR must cooperatively prepare an EA. The joint EIS or EA that is required under
the substitute amendment must include all of the information necessary for both the
PSC and DNR to comply with WEPA. In addition, the substitute amendment does
not waive the duty of the PSC or DNR to comply with WEPA, except that the PSC
and DNR are only required to consider the project that is the subject of the
application and one alternative to the project. Under current law, the PSC and DNR
must consider more than one alternative under WEPA. In addition, the substitute
amendment does not waive any duty of the PSC or DNR to take any other action
required by law regarding the project.

The substitute amendment also specifies that the PSC is not required to
prepare an EIS for construction of a high-voltage line that does not require a
certificate from the PSC. As discussed above, this exemption is changed by the
substitute amendment to apply to certain construction activities related to
high-voltage transmission lines that operate at 345 or less kilovolts. Although an
EIS is not required, the substitute amendment requires the PSC to prepare an EA
for construction that is subject to the exemption, but only if the PSC's rules require
an EA for the construction.
State policy on siting of electric transmission facilities
Current law makes certain declarations of state energy policy, including goals
for conserving energy and meeting energy demands. This substitute amendment
declares a new policy regarding the siting of new electric transmission facilities,
including high-voltage transmission lines. The substitute amendment provides
that, in the siting of such facilities, it is state policy to utilize the following corridors
in the following order of priority: 1) existing utility corridors; 2) highway and
railroad corridors; 3) recreational trails; and 4) new corridors. The corridors must
be utilized in such a manner to the greatest extent feasible that is consistent with
economic and engineering considerations, reliability of the electric system, and
protection of the environment. Also, recreational trails must be utilized to the extent
that facilities may be constructed below ground and do not significantly impact
environmentally sensitive areas.
The substitute amendment also directs the PSC, DNR, and Department of
Transportation to implement the policy described above in making all decisions,
rules, and orders affecting the siting of new electric transmission facilities.
Utility aid payment
Under current law, generally, each municipality and county in which a power
production plant is located annually receives utility aid payments based on the net
value of the production plant. Beginning with utility aid payments in 2005, each
municipality and county in which a production plant is located will receive a
payment based on the megawatt capacity of the production plant, if the plant began
operating after December 31, 2003. If a plant is located in more than one
municipality, the payment is divided among the municipalities in which the plant is
located based on the net value of that portion of the plant located in each
municipality. Under this substitute amendment, if a plant is located in more than
one county, the payment is divided among the counties in which the plant is located
based on the net value of that portion of the plant located in each county.
Under current law, for production plants that begin operating after December
31, 2003, each municipality and county in which such a production plant is located
may receive an additional utility aid payment based on the production plant's
megawatt capacity if the plant is built on the site of an existing or decommissioned
production plant or on brownfields or if the plant is a baseload electric generating
facility, derives energy from an alternative energy resource, or is a cogeneration
production plant. Under this substitute amendment, if such a production plant is
located in more than one municipality or county, the payment is divided among the

municipalities or counties in which the plant is located based on the net value of that
portion of the plant located in each municipality or county.
Under current law, a county or municipality that receives a utility aid payment
based on a cogeneration production plant located in the county or municipality may
not receive a payment based on a production plant that derives energy from an
alternative energy resource and that is located in the county or municipality. Under
this substitute amendment, a county or municipality that receives a utility aid
payment based on a cogeneration production plant located in the county or
municipality may also receive a payment based on a production plant that derives
energy from an alternative energy resource, if the production plant that derives
energy from an alternative energy resource is not the cogeneration production plant.
Under this substitute amendment, generally, an electric public utility may not
recover in rates the cost of any payments paid to a local unit of government to
mitigate the impact of an electric generating facility on the local unit of government,
unless the agreement providing for the payments is received by the PSC before June
10, 2003, and the PSC finds the agreement to be reasonable.
Under current law, electric utilities (and other public utilities) are allowed,
under certain circumstances, to acquire property by condemnation. For construction
by an electric utility that requires a certificate of public convenience and necessity
from the PSC, current law provides that the utility's authority to condemn property
for the construction does not exist until the certificate is issued.
This substitute amendment allows an electric utility to negotiate with a
property owner before a certificate is issued. However, the electric utility must
advise the property owner that the electric utility does not have the right to condemn
the property until the certificate is issued.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB300-SSA1, s. 1 1Section 1. 1.12 (6) of the statutes is created to read:
SB300-SSA1,7,72 1.12 (6) Siting of electric transmission facilities. In the siting of new electric
3transmission facilities, including high-voltage transmission lines, as defined in s.
4196.491 (1) (f), it is the policy of this state that, to the greatest extent feasible that
5is consistent with economic and engineering considerations, reliability of the electric
6system, and protection of the environment, the following corridors should be utilized
7in the following order of priority:
SB300-SSA1,7,88 (a) Existing utility corridors.
SB300-SSA1,8,1
1(b) Highway and railroad corridors.
SB300-SSA1,8,42 (c) Recreational trails, to the extent that the facilities may be constructed below
3ground and that the facilities do not significantly impact environmentally sensitive
4areas.
SB300-SSA1,8,55 (d) New corridors.
SB300-SSA1, s. 2 6Section 2. 15.795 (1) of the statutes is amended to read:
SB300-SSA1,8,147 15.795 (1) Office of the commissioner of railroads. There is created an office
8of the commissioner of railroads which is attached to the public service commission
9under s. 15.03, provided that s. 85.02 (1) does not apply to the office of the
10commissioner of railroads. The commissioner of railroads shall have expertise in
11railroad issues and may not have a financial interest in a railroad, as defined in s.
12195.02 (1). The commissioner may not serve on or under any committee of a political
13party. The commissioner shall hold office until a successor is appointed and
14qualified.
SB300-SSA1, s. 3 15Section 3. 16.969 (4) of the statutes is amended to read:
SB300-SSA1,8,2316 16.969 (4) A county, town, village, or city that receives a distribution under sub.
17(3) (b) may use the distribution only for park, conservancy, wetland or other similar
18environmental programs, unless the commission approves a different use under this
19subsection. A county, town, village, or city that receives a distribution may request
20in writing at any time that the commission approve a different use. The commission
21shall make a decision no later than 14 days after receiving such a request. The
22commission shall approve a request if it finds that the request is in the public
23interest
.
SB300-SSA1, s. 4 24Section 4. 23.09 (22m) of the statutes is created to read:
SB300-SSA1,9,3
123.09 (22m) Siting of electric transmission facilities. The department shall
2implement the policy specified in s. 1.12 (6) in making all decisions, orders, and rules
3affecting the siting of new electric transmission facilities.
SB300-SSA1, s. 5 4Section 5. 30.02 (1) of the statutes is amended to read:
SB300-SSA1,9,75 30.02 (1) In Except as provided in s. 30.025, in any proceeding under this
6chapter where public notice is required, the department shall follow the procedures
7in subs. (3) and (4).
SB300-SSA1, s. 6 8Section 6. 30.02 (2) of the statutes is amended to read:
SB300-SSA1,9,129 30.02 (2) In Except as provided in s. 30.025, in any proceeding under this
10chapter where public notice is not required, the department shall follow the
11procedures in subs. (3) and (4) if it determines that substantial interests of any party
12may be adversely affected by the proceeding.
SB300-SSA1, s. 7 13Section 7. 30.025 (title) of the statutes is amended to read:
SB300-SSA1,9,15 1430.025 (title) Optional permit Permit procedure for certain electric
15generating facilities and high-voltage transmission lines
utility facilities.
SB300-SSA1, s. 8 16Section 8. 30.025 (1) of the statutes is renumbered 30.025 (1s) (a) and
17amended to read:
SB300-SSA1,9,2518 30.025 (1s) (a) Any electric utility, as defined in s. 196.491 (1) (d), person
19proposing to construct a utility facility, as defined in s. 196.491 (1) (e), which facility
20is to be located adjacent to a waterway in such a manner as to require one or more
21permits to be issued under this chapter and ch. 31 may
to which this section applies
22shall
, in lieu of separate application for permits under those chapters, submit an
23engineering plan
one application for permits together with any additional
24information required by the department. Such plan The application shall be filed
25with the department within 20 days after at the same time that an application for

1a certificate of public convenience and necessity is filed with the public service
2commission under s. 196.49 or in a manner consistent with s. 196.491 (3) and shall
3include the detailed information that the department requires to determine whether
4an application is complete and to carry out its obligations under sub. (4)
. The
5department may require supplemental information to be furnished thereafter.
SB300-SSA1, s. 9 6Section 9. 30.025 (1b) of the statutes is created to read:
SB300-SSA1,10,77 30.025 (1b) Definitions. In this section:
SB300-SSA1,10,88 (a) "Commission" means the public service commission.
SB300-SSA1,10,129 (b) "Permit" means a permit or approval required under this chapter or ch. 31,
10a storm water discharge permit required under s. 283.33 (1) (a), or a water quality
11certification required under s. 281.36 or under rules promulgated under subch. II of
12ch. 281 to implement 33 USC 1341 (a).
SB300-SSA1,10,1413 (c) "Utility facility" means a project, as defined in s. 196.49 (3) (a), or a facility,
14as defined in s. 196.491 (1) (e).
SB300-SSA1, s. 10 15Section 10. 30.025 (1e) of the statutes is created to read:
SB300-SSA1,10,1816 30.025 (1e) Applicability. (a) Except as provided in par. (b), this section applies
17to a proposal to construct a utility facility if the utility facility is required to obtain
18one or more permits.
SB300-SSA1,10,21 19(b) This section does not apply to a proposal to construct a utility facility if the
20only permit that the utility facility is required to obtain from the department is a
21storm water discharge permit under s. 283.33 (1) (a).
SB300-SSA1, s. 11 22Section 11. 30.025 (1m) of the statutes is created to read:
SB300-SSA1,11,423 30.025 (1m) Preapplication process. Before filing an application under this
24section, a person proposing to construct a utility facility shall notify the department
25of the intention to file an application. After receiving such notice, the department

1shall confer with the person, in cooperation with the commission, to make a
2preliminary assessment of the project's scope, to make an analysis of alternatives,
3to identify potential interested persons, and to ensure that the person making the
4proposal is aware of all of the following:
SB300-SSA1,11,55 (a) The permits that the person may be required to obtain.
SB300-SSA1,11,66 (b) The information that the person will be required to provide.
SB300-SSA1,11,97 (c) The timing of information submissions that the person will be required to
8provide in order to enable the department to participate in commission review
9procedures and to process the application in a timely manner.
SB300-SSA1, s. 12 10Section 12. 30.025 (1s) (title) of the statutes is created to read:
SB300-SSA1,11,1111 30.025 (1s) (title) Application for permits.
SB300-SSA1, s. 13 12Section 13. 30.025 (1s) (b) of the statutes is created to read:
SB300-SSA1,11,1513 30.025 (1s) (b) A person who applies to the commission for a certificate under
14s. 196.49 or 196.491 (3) is eligible to apply under par. (a) for any permit that the utility
15facility may require and to receive such permit.
SB300-SSA1, s. 14 16Section 14. 30.025 (2) of the statutes is amended to read:
SB300-SSA1,12,217 30.025 (2) Hearing. Once electric utilities have met the applicant meets the
18requirements of sub. (1) (1s) (a), the department shall may schedule the matter for
19a public hearing. Notice of the hearing shall be given to the applicant and shall be
20published as a class 1 notice under ch. 985. The department may give such further
21notice as it deems proper, and shall give notice to persons requesting same. One copy
22of the application shall be available for public inspection at the office of the
23department, at least one copy in the district regional office of the department, and
24at least one copy at the main public library, of the area affected. Notwithstanding

1s. 227.42, the hearing shall be an informational hearing and may not be treated as
2a contested case hearing nor converted to a contested case hearing.
SB300-SSA1, s. 15 3Section 15. 30.025 (2g) of the statutes is created to read:
SB300-SSA1,12,84 30.025 (2g) Participation in commission proceedings. (a) The department
5shall review every proposed utility facility subject to this section, including each
6location, site, or route proposed for the utility facility, to assess whether each
7proposed location, site, or route can meet the criteria for obtaining the required
8permits, and shall provide that information to the commission.
SB300-SSA1,12,139 (b) The department shall participate in commission investigations or
10proceedings under s. 196.49 or 196.491 (3) with regard to any proposed utility facility
11that is subject to this section. In order to ensure that the commission's decision is
12consistent with the department's responsibilities, the department shall provide the
13commission with information that is relevant to only the following:
SB300-SSA1,12,1414 1. Environmental issues that concern the proposed utility facility.
SB300-SSA1,12,1615 2. Public rights in navigable waters that may be affected by the proposed utility
16facility.
SB300-SSA1,12,1817 3. Location, site, or route issues concerning the proposed utility facility,
18including alternative locations, sites, or routes.
SB300-SSA1, s. 16 19Section 16. 30.025 (2s) of the statutes is created to read:
SB300-SSA1,12,2220 30.025 (2s) Consideration of alternatives. (a) The department shall treat the
21commission's decision under s. 196.49 or 196.491 (3) as concluding that there is no
22practicable alternative for the utility facility if all of the following apply:
SB300-SSA1,12,2423 1. The department has participated in the commission's investigations or
24proceedings under sub. (2g).
SB300-SSA1,13,3
12. The commission's decision under s. 196.49 or 196.491 (3) is consistent with
2the department's assessment and information under sub. (2g) considering those
3factors required to be considered by the commission under s. 196.49 or 196.491 (3).
SB300-SSA1,13,104 (b) If par. (a) applies, the department may not require the applicant for the
5proposed utility facility to undertake further analysis of any utility facility
6alternatives, including an analysis of alternative methods of meeting the need for the
7project or alternative locations, sites, or routes in order to satisfy the criteria under
8sub. (3). The department may identify adjustments that may be required to address
9permitting issues within the location, site, or route approved by the commission
10under s. 196.49 or 196.491 (3).
SB300-SSA1, s. 17 11Section 17. 30.025 (3) (intro.) of the statutes is amended to read:
SB300-SSA1,13,1312 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:
SB300-SSA1, s. 18 14Section 18. 30.025 (3m) of the statutes is created to read:
SB300-SSA1,13,2015 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.
SB300-SSA1, s. 19 21Section 19. 30.025 (4) of the statutes is amended to read:
SB300-SSA1,14,222 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).
SB300-SSA1, s. 20 3Section 20. 30.206 (1m) of the statutes is created to read:
SB300-SSA1,14,64 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).
SB300-SSA1, s. 21 7Section 21. 32.03 (5) (c) of the statutes is created to read:
SB300-SSA1,14,138 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.
SB300-SSA1, s. 22 14Section 22. 66.0119 (1) (a) of the statutes is amended to read:
SB300-SSA1,14,2215 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.
SB300-SSA1, s. 23 23Section 23. 79.04 (6) (c) 3. of the statutes is created to read:
SB300-SSA1,15,424 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.
SB300-SSA1, s. 24 5Section 24. 79.04 (7) (c) 1m. of the statutes, as created by 2003 Wisconsin Act
631
, is amended to read:
SB300-SSA1,15,167 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
.
SB300-SSA1, s. 25 17Section 25. 79.04 (7) (d) of the statutes is created to read:
SB300-SSA1,15,2318 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.
SB300-SSA1, s. 26 24Section 26. 85.02 of the statutes is renumbered 85.02 (1).
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