2009 - 2010 LEGISLATURE
September 16, 2009 - Offered by Representatives Huebsch and Ripp.
SB185-AA5,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 2, as follows:
SB185-AA5,1,3 31. Page 6, line 13: after that line insert:
SB185-AA5,1,6 4"1g. At least 30 days before filing an application under subd. 1., an applicant
5for a wind energy system with a nominal capacity of at least 10 megawatts shall
6provide a notice to the commission that does all of the following:
SB185-AA5,1,77 a. Describes the applicant's tentative plans, designs, and timing.
SB185-AA5,1,108 b. Seeks a preliminary determination from the commission on alternatives to
9the wind energy system that must be evaluated and the information necessary to
10complete the commission's environmental review under s. 196.025 (7).
SB185-AA5,1,1211 c. Seeks input concerning other agencies the applicant may be required to
11r. At the time of filing an application under subd. 1., an applicant for a wind
2energy system with a nominal capacity of at least 10 megawatts shall provide to the
3commission a copy of the application, as well as a notice that does all of the following:
SB185-AA5,2,54 a. Identifies, develops, and evaluates reasonable alternatives to the wind
5energy system.
SB185-AA5,2,76 b. Includes a summary of the applicant's contacts with agencies, if any, that the
7commission has identified to the applicant in response to subd. 1g. c.".
SB185-AA5,2,9 82. Page 7, line 4: after "public hearing," insert "copies of any documents
9provided by the commission pursuant to s. 196.025 (7),".
SB185-AA5,2,11 103. Page 7, line 13: delete "par. (e), a political subdivision shall" and substitute
11"pars. (e) and (em), a political subdivision shall, after holding a public hearing,".
SB185-AA5,2,12 124. Page 7, line 17: after "par. (e)" insert "or (em)".
SB185-AA5,2,13 135. Page 7, line 17: after that line insert:
SB185-AA5,2,17 14"(dm) If the commission prepares an environmental impact statement
15pursuant to s. 196.025 (7), the political subdivision may not hold the public hearing
16required under par. (d) until at least 30 days after the commission has distributed
17the final environmental impact statement.".
SB185-AA5,2,18 186. Page 8, line 2: after that line insert:
SB185-AA5,2,22 19"(em) If the commission notifies the political subdivision that additional time
20is necessary for the the commission to carry out its duties under s. 196.025 (7), the
21political subdivision shall extend the time period under par. (d) by the additional
22time specified by the commission.".
SB185-AA5,2,23 237. Page 11, line 17: after that line insert:
SB185-AA5,2,24 24" Section 10m. 196.025 (7) of the statutes is created to read:
1196.025 (7) Environmental review of certain wind energy systems. (a) In this
SB185-AA5,3,33 1. "Application for approval" has the meaning given in s. 66.0401 (1e) (a).
SB185-AA5,3,44 2. "Political subdivision" means a city, village, town, or county.
SB185-AA5,3,75 3. "Wind energy system" means a wind energy system, as defined in s. 66.0403
6(1) (m), that has a nominal capacity of more than 10 megawatts and less than 100
SB185-AA5,3,148 (b) If the commission receives a copy of an application for approval for a wind
9energy system under s. 66.0401 (4) (a) 1r., the commission shall treat the application
10for approval as a type II action under its rules promulgated under s. 1.11 and perform
11all review and other actions under the rules that are required for type II actions,
12except that, if the commission determines that an environmental impact statement
13is required under the rules, the commission is not required to hold a public hearing
14on the application for approval.
SB185-AA5,3,1815 (c) If the commission cannot comply with par. (b) within the 90-day time period
16specified in s. 66.0401 (4) (d), the commission shall notify the political subdivision to
17which the application for approval was made and specify the additional time
18necessary for the commission to comply with par. (b).".
SB185-AA5,3,19 198. Page 13, line 24: after that line insert:
SB185-AA5,3,20 20" Section 13m. 196.85 (1m) (e) of the statutes is created to read:
SB185-AA5,4,221 196.85 (1m) (e) For the purpose of direct assessment under sub. (1) of expenses
22incurred by the commission in connection with its activities under s. 196.025 (7), the

1term "public utility" includes an applicant for an application for approval, as defined
2in s. 66.0401 (1e) (a), for a wind energy system, as defined in s. 196.025 (7) (a) 3.".