LRB-1483/1
MDK:cjs:ph
2011 - 2012 LEGISLATURE
April 1, 2011 - Introduced by
Joint Committee For Review of Administrative
Rules. Referred to Committee on Judiciary, Utilities, Commerce, and
Government Operations.
SB50,1,1
1An Act relating to: wind energy system rules.
Analysis by the Legislative Reference Bureau
Current law requires the Public Service Commission (PSC), with the advice of
the wind siting council, to promulgate rules that specify the restrictions that a city,
village, town, or county (political subdivision) 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 energy from the wind into usable forms of
energy. The subject matter of the rules must include certain setback and
decommissioning requirements, and may include visual appearance, lighting,
electrical connections to the power grid, maximum audible sound levels, shadow
flicker, proper means of measuring noise, interference with radio, telephone, or
television signals, or other matters. Current law prohibits a political subdivision
from imposing a restriction that is more restrictive than the rules. Current law also
requires the PSC to promulgate rules regarding the process used by political
subdivisions to approve wind energy systems, as well as rules regarding enforcement
of the restrictions by political subdivisions.
The PSC promulgated the rules under the current law provisions described
above as clearinghouse rule number 10-057. The rules became effective March 1,
2011. This bill repeals those rules and requires the PSC to submit proposed rules
pursuant to the current law provisions described above to the legislative council staff
no later than approximately six months after the bill's effective date.
This bill is introduced as required by s. 227.26 (2) (f), stats., in support of the
action of the Joint Committee for Review of Administrative Rules in suspending
chapter PSC 128, Wis. Adm. Code, a rule of the PSC, on March 1, 2011.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB50,2,22
(1) In this section, "commission" means the public service commission.
SB50,2,83
(2) Chapter PSC 128, Wisconsin Administrative Code, as promulgated by the
4commission as clearinghouse rule number 10-057, is repealed. The commission
5shall submit in proposed form the rules that are required under section 196.378 (4g)
6(b), (c), and (d) of the statutes to the legislative council staff under section 227.15 (1)
7of the statutes no later than the first day of the 7th month beginning after the
8effective date of this subsection.
