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Public comments received in Commission cases.
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Public comments received by Commission staff outside of Commission cases.
Small Business Impact
The business entities this rule may affect are wind system developers, owners or operators and business owners that may wish to install small wind energy systems. The Commission cannot estimate how many of these qualify as small businesses.
The rule differentiates between large projects and small projects (100 kilowatts or less), in part to make it easier for small businesses to install small systems and in part because it seems likely that a small wind energy development company would not be taking on a very large project. Many of the approval decisions are left in the hands of political subdivisions, although their standards cannot be more restrictive than those in the rule. As a result, some political subdivisions may make additional efforts to ease any burdens on small businesses. Some of the differences contained in this rule for developers of small systems are:
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Lessened notice requirements.
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No advance transportation plan required.
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No advance emergency evacuation plan required.
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The minimum setback despite a landowner waiver is somewhat less.
In addition, a political subdivision may only establish certain requirements for a large system developer. These include:
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An advance written procedure for shutting down in case of a wind energy emergency.
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Proving financial ability to pay for operation, maintenance and decommissioning.
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Providing the political subdivision with a list of tax parcel numbers for property within one mile of the system.
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Specific requirement to cooperate with studies about bat and bird migratory patterns.
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Annual monetary compensation to an owner of a nonparticipating residence within one-half mile of a turbine site.
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Filing an annual operations and maintenance report.
Under certain circumstances, a political subdivision does not have to hold a hearing. Further, the rule allows a political subdivision to set a fee based on the size and complexity of the system.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
It is possible that this proposed rule may have an effect on small business, as defined in Wis. Stat. §
227.114 (1). The business entities this rule may affect are wind energy system developers, owners, or operators. The Commission cannot estimate how many of these entities qualify as a small business.
Reporting, bookkeeping and other procedures required for compliance with the rules.
Small businesses are more likely to be constructing small wind energy systems than other businesses. The rule establishes lesser requirements for small wind energy systems, defined as a system that produces up to 100 kilowatts of electricity. These requirements are described in the analysis, as well as the reporting, bookkeeping, and procedures applicable to a small business.
Types of professional skills necessary for compliance with the rules.
The proposed rule does not impose any additional professional skill requirements.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
State fiscal effect
There are potential costs to the Public Service Commission (PSC) under PSC 128. However, these costs are indeterminate and will be absorbed within existing resources.
Potential staff and Intervenor Compensation costs under PSC 128 are related to the potential number of petitions filed with the Commission to appeal a political subdivision's decision approving or denying construction of a wind energy system or decommissioning a wind energy system.
As drafted, PSC 128 minimizes the potential costs per appeal under
2009 Wisconsin Act 40. PSC 128 does not require the Commission to open a docket or hold a hearing to decide an appeal. However, PSC 128 could increase rather than decrease the potential number of appeals.
Under
2009 Wisconsin Act 40, local governments may not be more restrictive in their wind energy system siting regulations than the statewide set of siting requirements to be established under PSC 128. PSC 128 may result in an increased number appeals from residents because it excludes local governments from considering certain factors in siting decisions, but allows the PSC to make exceptions to the Rule. PSC 128 could also increase the potential number of appeals from owners, operators or developers if a local government enacts more restrictive siting permit and application requirements, than the political subdivision had previously enacted or considered enacting, because PSC 128 allows the more restrictive approach.
Costs from the potential increase in appeals could be offset by the reduced cost per appeal from the rule's more flexible approach to dockets and hearings. However, the total fiscal effect cannot be accurately projected at this time.
PSC 128 as currently drafted does not increase costs to other state agencies. PSC 128 allows political subdivisions flexibility to maintain current levels of consultation and involvement with state agencies (if the overall consultation is allowable under PSC 128).
Local fiscal effect
PSC 128 may increase local governments' permitting process and record retention costs, but it allows local governments to cover these costs with wind siting application fees from owners, operators or developers of wind energy systems. Therefore, PSC 128 does not have a significant local fiscal effect.
State fiscal effect
Increase Costs — May be possible to absorb within agency's budget.
Local government fiscal effect
Increase Costs - Permissive.
Increase Revenues - Permissive.
Types of local governmental units affected
Towns, Villages, Cities, Counties.
Fund sources affected
PRO.
Affected Ch.
20 appropriations
Long-range fiscal implications
Indeterminate.
Text of Proposed Rule
SECTION 1. Chapter
PSC 128 is created to read:
WIND ENERGY SYSTEMS
Subchapter I
General
PSC 128.01 Definitions. In this chapter:
(1) “Commission" means the public service commission.
(2) “Developer" means a person involved in acquiring the necessary rights, permits and approvals, and otherwise planning for the construction and operation of a wind energy system, regardless of whether the person will own or operate the wind energy system. “Developer" includes, prior to completion of construction of a wind energy system, an owner and an operator.
(3) “Decommissioning" means removal of all of the following:
(a) The above ground portion of a wind energy system, including wind turbines and related facilities, except for access roads if removal has been waived by the property owner.
(b) All below ground facilities, except for underground collector circuit facilities, and concrete structures four feet or more below grade.
(4) “DNR" means the Wisconsin department of natural resources.
(5) “Large wind energy system" means a wind energy system with an installed nameplate capacity of greater than 100 kilowatts.
(6) “Maximum blade tip height" means the nominal hub height plus the nominal blade length, as listed in the wind turbine specifications provided by the wind turbine manufacturer. If not listed in the wind turbine specifications, “maximum blade tip height" means the actual hub height plus the blade length.
(7) “Nameplate capacity" means the nominal generating capacity, as listed in the wind turbine specifications provided by the wind turbine manufacturer.
(8) “Nonparticipating property" means real property for which there is no agreement between the landowner and developer that permits the construction of any part of a wind energy system on the property.
(9) “Nonparticipating residence" means an occupied permanent residence located on a nonparticipating property.
(10) “Occupied community building" means a school, church, daycare facility or public library.
(11) “Operator" means the person responsible for the operation and maintenance of a wind energy system.
(12) “Owner" means a person with an ownership interest in a wind energy system.
(13) “Participating property" means any of the following:
(a) Real property which is subject to an agreement between the landowner and the developer, owner, or operator for the construction of any portion of a wind energy system on the property.
(b) Real property that is the subject of an agreement that includes all of the following terms:
1. Provides for the payment of monetary compensation to the landowner from the developer, owner or operator regardless of whether any part of a wind energy system is constructed on the property.
2. Specifies in writing that the landowner's acceptance of payment establishes the landowner's property as a participating property.
(14) “Political subdivision" has the meaning given in s.
66.0401 (1e) (c), Stats.
(15) “Residence" includes a permanent occupied personal residence, hospital, community-based residential facility, residential care apartment complex or similar facility, and nursing home.
(16) “Regulation" includes any ordinance or resolution adopted by the governing body of a political subdivision relating to a wind energy system and any contract or agreement entered into by a political subdivision and a developer relating to a wind energy system.
(17) “Shadow flicker" means a pattern of changes in light intensity resulting from the shadow of rotating wind turbine blades being cast on a residence or an occupied community building.
(18) “Small wind energy system" means a wind energy system that has an installed nameplate capacity of 100 kilowatts or less.
(19) “Turbine host property" means real property which is subject to an agreement between a landowner and a developer, owner, or operator for the construction of one or more wind turbines.
(20) “Wind easement" means a written document that creates a legal interest in real property that permits a developer or owner to place and construct a wind turbine or associated facilities on the property.
(21) “Wind energy system" has the meaning given in s.
66.0403 (1) (m), Stats.
(22) “Wind lease" means a written agreement between a landowner and a developer, owner or operator that establishes terms and conditions associated with the placement or construction of a wind turbine or associated facilities on a landowner's property.
PSC 128.02 Applicability. (1) (a) Except as provided in par. (b), this chapter applies to wind energy systems.
(b) This chapter does not apply to any of the following:
1. A wind energy system for which a certificate of public convenience and necessity application has been filed with the commission before the effective date of this chapter…[LRB inserts date].
2. A wind energy system for which construction began before the effective date of this chapter …[LRB inserts date].
3. A wind energy system placed in operation before the effective date of this chapter … [LRB inserts date].
4. A wind energy system approved by a political subdivision before the effective date of this chapter … [LRB inserts date].
