2003 Wisconsin Act 89

1. "Department" means the department of natural resources.

2. "Project" means a project or construction requiring a certificate under s. 196.49 or 196.491 (3) and requiring a permit or approval from the department.

(b) The commission and the department shall coordinate the execution of their respective duties under s. 1.11 for any action of the commission or department regarding a project as follows:

1. If the rules of either the commission or the department require the commission or the department to prepare an environmental impact statement on the project, the commission and the department shall cooperatively prepare an environmental impact statement.

2. If subd. 1. does not apply and the rules of either the commission or the department require the commission or the department to prepare an environmental assessment on the project, the commission and the department shall cooperatively prepare an environmental assessment.

3. The environmental impact statement or environmental assessment under subd. 1. or 2. shall include all of the information required for both the commission and the department to carry out their respective duties under s. 1.11.

(c) Paragraph (b) does not waive any duty of the commission or the department to comply with s. 1.11 or to take any other action required by law regarding a project, except that, in the consideration of alternative locations, sites, or routes for a project, the commission and the department are required to consider only the location, site, or route for the project identified in an application for a certificate under s. 196.49 and no more than one alternative location, site, or route; and, for a project identified in an application for a certificate under s. 196.491 (3), the commission and the department are required to consider only the location, site, or route for the project identified in the application and one alternative location, site, or route.

89,33 Section 33. 196.20 (7) of the statutes is created to read:

196.20 (7) (a) In this subsection, "mitigation payment" means, as approved by the commission, an unrestricted or recurring monetary payment to a local unit of government in which an electric generating facility is located to mitigate the impact of the electric generating facility on the local unit of government. "Mitigation payment" does not include payments made or in-kind contributions for restricted purposes to directly address health or safety impacts of the electric generating facility on the local unit of government.

(b) Except as provided in par. (c), an electric public utility may not recover in rates any of the following:

1. The cost of mitigation payments paid by the utility.

2. The cost of mitigation payments paid by the owner or operator of an electric generating facility that the owner or operator recovers from the utility by selling electricity to the utility, by leasing the facility to the utility, or by any agreement between the owner or operator of the electric generating facility and the public utility.

(c) The commission shall only approve a mitigation payment agreement that is received by the commission before June 10, 2003, and, if the commission finds the agreement to be reasonable, shall not subsequently modify the agreement.

89,34 Section 34. 196.49 (4) of the statutes is created to read:

196.49 (4) The commission may not issue a certificate under sub. (1), (2), or (3) for the construction of electric generating equipment and associated facilities unless the commission determines that brownfields, as defined in s. 560.13 (1) (a), are used to the extent practicable.

89,35 Section 35. 196.491 (3) (a) 1. of the statutes is amended to read:

196.491 (3) (a) 1. No Except as provided in sub. (3b), no person may commence the construction of a facility unless the person has applied for and received a certificate of public convenience and necessity from the commission as provided in this section under this subsection. An application for a certificate issued under this subsection shall be in the form and containing contain the information required by commission rules for such certificate and shall be filed with the commission not less than 6 months prior to the commencement of construction of a facility. Within 10 days after filing the an application under this subdivision, the commission shall send a copy of the application to the clerk of each municipality and town in which the proposed facility is to be located and to the main public library in each such county.

89,36 Section 36. 196.491 (3) (a) 3. a. of the statutes is amended to read:

196.491 (3) (a) 3. a. At least 60 days before a person files an application under subd. 1., the person shall provide the department with an engineering plan showing if the facility is a large electric generating facility or a detailed project plan if the facility is a high-voltage transmission line. The engineering or project plan shall show the location of the facility, a description of the facility, including the major components of the facility that have a significant air, water or solid waste pollution potential, and a brief description of the anticipated effects of the facility on air and quality, water quality, wetlands, solid waste disposal capacity, and other natural resources. Within 30 days after a person provides an engineering or project plan, the department shall provide the person with a listing of each department permit or approval which, on the basis of the information contained in the engineering or project plan, appears to be required for the construction or operation of the facility.

89,37 Section 37. 196.491 (3) (b) of the statutes is amended to read:

196.491 (3) (b) The commission shall hold a public hearing on an application filed under par. (a) 1. that is determined or considered to be complete in the area affected pursuant to s. 227.44. A class 1 notice, under ch. 985, shall be given at least 30 days prior to the hearing.

89,38 Section 38. 196.491 (3) (d) (intro.) of the statutes is amended to read:

196.491 (3) (d) (intro.) Except as provided under par. (e) and s. 196.493, the commission shall approve an application filed under par. (a) 1. for a certificate of public convenience and necessity only if the commission determines all of the following:

89,39 Section 39. 196.491 (3) (d) 8. of the statutes is created to read:

196.491 (3) (d) 8. For a large electric generating facility, brownfields, as defined in s. 560.13 (1) (a), are used to the extent practicable.

89,40 Section 40. 196.491 (3) (e) of the statutes is amended to read:

196.491 (3) (e) If the an application filed under par. (a) 1. does not meet the criteria under par. (d), the commission shall reject the application or approve the application with such modifications as are necessary for an affirmative finding under par. (d). The commission may not issue a certificate of public convenience and necessity under this subsection until the department has issued all permits and approvals identified in the listing specified in par. (a) 3. a. that are required prior to construction.

89,41 Section 41. 196.491 (3) (g) 1. of the statutes is renumbered 196.491 (3) (g) and amended to read:

196.491 (3) (g) The commission shall take final action on an application filed under par. (a) 1. within 180 days after the application is determined or considered to be complete under par. (a) 2. If the commission fails to take final action within the 180-day period, the commission is considered to have issued a certificate of public convenience and necessity with respect to the application, unless the commission, within the 180-day period, petitions the circuit court for Dane County for an extension of time for taking final action on the application and the court grants an extension. Upon a showing of good cause, the court may extend the 180-day period for no more than an additional 180 days . If the commission fails to take final action within the extended period, the commission is considered to have issued a certificate of public convenience and necessity with respect to the application.

89,42 Section 42. 196.491 (3) (g) 1m. of the statutes is repealed.

89,43 Section 43. 196.491 (3) (gm) of the statutes is amended to read:

196.491 (3) (gm) The commission may not approve an application filed after October 29, 1999, under this section subsection for a certificate of public convenience and necessity for a high-voltage transmission line that is designed for operation at a nominal voltage of 345 kilovolts or more unless the approval includes the condition that the applicant shall pay the fees specified in sub. (3g) (a). If the commission has approved an application under this section subsection for a certificate of public convenience and necessity for a high-voltage transmission line that is designed for operation at a nominal voltage of 345 kilovolts or more that was filed after April 1, 1999, and before October 29, 1999, the commission shall require the applicant to pay the fees specified in sub. (3g) (a). For any application subject to this paragraph, the commission shall determine the cost of the high-voltage transmission line, identify the counties, towns, villages and cities through which the high-voltage transmission line is routed and allocate the amount of investment associated with the high-voltage transmission line to each such county, town, village and city.

89,44 Section 44. 196.491 (3) (h) of the statutes is renumbered 196.491 (6).

89,45 Section 45. 196.491 (3) (j) of the statutes is amended to read:

196.491 (3) (j) Any person whose substantial rights may be adversely affected or any county, municipality or town having jurisdiction over land affected by a certificate of public convenience and necessity for which an application is filed under par. (a) 1. may petition for judicial review, under ch. 227, of any decision of the commission regarding the certificate.

89,46 Section 46. 196.491 (3b) of the statutes is created to read:

196.491 (3b) Expedited review. (a) A person who proposes to construct a high-voltage transmission line may apply for a certificate under this subsection if the construction is limited to adding conductors to existing transmission poles or towers and if all related construction activity takes place entirely within the area of an existing electric transmission line right-of-way.

(b) The commission shall promulgate rules specifying the information that must be included in an application under this subsection. If the commission receives an application that complies with rules, the commission shall, as soon as practicable, notify the applicant that the commission has received a complete application.

(c) The commission is considered to have issued a certificate of public convenience and necessity under sub. (3) for construction specified in an application under par. (a) unless the commission notifies the applicant, no later than 30 business days after the date on which the commission notifies an applicant under par. (b) that the application is complete, that the commission has determined that the public interest requires the applicant to obtain a certificate under s. 196.49.

89,47 Section 47. 196.491 (4) (c) of the statutes is renumbered 196.491 (4) (c) 1. and amended to read:

196.491 (4) (c) 1. A certificate under sub. (3) is not required for a person to construct a high-voltage transmission line designed for operation at a nominal voltage of less than 230 345 kilovolts if all related construction activity takes place entirely within the area of an existing electric transmission line right-of-way.

89,48 Section 48. 196.491 (4) (c) 2. of the statutes is created to read:

196.491 (4) (c) 2. The commission is not required to prepare an environmental impact statement under under s. 1.11 (2) (c) for construction that is specified in subd. 1., but shall prepare an environmental assessment regarding the construction if an environmental assessment is required under the commission's rules.

89,49 Section 49. 196.491 (4) (c) 3. of the statutes is created to read:

196.491 (4) (c) 3. If construction or utilization of a high-voltage transmission line described in subd. 1. is precluded or inhibited by a local ordinance, the construction and utilization of the line may nevertheless proceed.

89,50 Section 50. 196.491 (6) (title) of the statutes is created to read:

196.491 (6) (title) Waiver.

89,51 Section 51. Initial applicability.

(1) Utility aid payments. The treatment of section 79.04 (6) (c) 3. and (7) (c) 1m. and (d) of the statutes first applies to distributions made on the 4th Monday of July 2005.

(2) Department of natural resources procedures. The treatment of sections 30.02 (1) and (2), 30.025 (title), (1), (1b), (1e), (1m), (1s) (title) and (b), (2), (2g), (2s), (3) (intro.), (3m), and (4), and 30.206 (1m) of the statutes first applies to applications for permits, as defined in section 30.025 (1b) (b) of the statutes, as created by this act, filed with the department of natural resources on the effective date of this subsection.

(3) Public service commission procedures. The treatment of sections 196.49 (4) and 196.491 (3) (a) 1. and 3. a., (b), (d) (intro.) and 8., (e), (g) 1. and 1m., (gm), and (j), (3b), and (4) (c) 2. and 3. of the statutes and the renumbering and amendment of section 196.491 (4) (c) of the statutes first apply to applications submitted on the effective date of this subsection.