Amendment SSA3-SB544

SB544-SSA3,5,8 (d) Except as provided in par. (e), a political subdivision shall approve or disapprove an application for approval no more than 90 days after the day on which it notifies the applicant that the application for approval is complete. If an applicant complies with the rules promulgated under sub. (7) (b) 1. and the information and documentation provided by the applicant is sufficient to establish, without considering any other information or documentation, that the application complies with applicable requirements for approval, the political subdivision shall approve the application unless the political subdivision finds, based on other clear and convincing information or documentation in the record, that the application does not comply with applicable requirements.

SB544-SSA3,5,13 (e) A political subdivision may extend the time limit in par. (d) if the political subdivision needs additional information to determine whether to approve or deny the application for approval, if the applicant makes a material modification to the application for approval, or for other good cause specified in writing by the political subdivision.

SB544-SSA3,5,16 (f) A political subdivision may not deny or impose a restriction on an application for approval unless the political subdivision enacts an ordinance that is no more restrictive than the rules the board promulgates under sub (7) (a).

SB544-SSA3,5,19 (g) A political subdivision that chooses to regulate wind energy systems shall enact an ordinance, subject to sub. (6) (b), that is consistent with the applicable standards established by the board in rules promulgated under sub. (7) (a).

SB544-SSA3,5,22 (h) A political subdivision may not place a restriction on the installation or use of a wind energy system that is more restrictive than the rules the board promulgates under sub (7) (a).

SB544-SSA3, s. 8 Section 8. 66.0401 (5) of the statutes is created to read:

SB544-SSA3,6,3 66.0401 (5) Review of siting decisions. (a) In this subsection "aggrieved person" means a person who applied to a political subdivision for approval of a wind energy system, a person who lives within 2 miles of a wind energy system that is proposed to be sited, or a person who owns land within 2 miles of a wind energy system that is proposed to be sited.

SB544-SSA3,6,13 (b) An aggrieved person may challenge the decision of a political subdivision on an application for approval on the grounds that the political subdivision incorrectly applied the state standards under sub. (7) (a) that are applicable to the wind energy system siting by requesting the board to review the decision. An aggrieved person is not required to exhaust the political subdivision's administrative remedies before requesting review by the board. An aggrieved person shall request a review under this paragraph within 30 days after the political subdivision approves or disapproves the application for approval or, if the aggrieved person chooses to exhaust the political subdivision's administrative remedies, within 30 days after the final decision in the political subdivision's administrative review process.

SB544-SSA3,6,17 (bm) Upon receiving a request under par. (b), the board shall notify the political subdivision of the request. The political subdivision shall provide a certified copy of the record under sub. (4) to the board within 30 days after the day on which it receives the notice.

SB544-SSA3,6,24 (c) Upon receiving the certified copy of the record under par. (bm), the board shall determine whether the challenge is valid. The board shall make its decision without deference to the decision of the political subdivision and shall base its decision only on the evidence in the record under sub. (4) (b). The board shall make its decision within 60 days after the day on which it receives the certified copy of the record under par. (bm), except that the board may extend this time limit for good cause specified in writing by the board.

SB544-SSA3,7,5 (d) If the board determines that a challenge is valid, the board shall reverse the decision of the political subdivision. The decision of the board is binding on the political subdivision, subject to par. (e). If a political subdivision fails to comply with a decision of the board that has not been appealed under par. (e), an aggrieved person may bring an action to enforce the decision.

SB544-SSA3,7,8 (e) An aggrieved person or the political subdivision may appeal the decision of the board to circuit court. The filing of an appeal does not in itself stay the effect of a decision of the board.

SB544-SSA3,7,11 (f) A circuit court to which a decision of the board is appealed under par. (e) shall review the decision of the board based on the evidence in the record under sub. (4) (b).

SB544-SSA3, s. 9 Section 9. 66.0401 (6) of the statutes is created to read:

SB544-SSA3,7,15 66.0401 (6) Applicability of a county ordinance. (a) 1. A county ordinance enacted under sub. (2) applies only to the towns in the county that have not enacted an ordinance under sub. (2).

SB544-SSA3,7,19 2. If a town enacts an ordinance under sub. (2) after a county has enacted an ordinance under sub. (2), the county ordinance does not apply, and may not be enforced, in the town, except that if the town later repeals its ordinance, the county ordinance applies in that town.

SB544-SSA3,7,21 (b) 1. Subject to subd. 2., a county ordinance enacted under sub. (4) applies only in the unincorporated parts of the county.

SB544-SSA3,7,25 2. If a town enacts an ordinance under sub. (4), either before or after a county enacts an ordinance under sub. (4), the more restrictive terms of the 2 ordinances apply to the town, except that if the town later repeals its ordinance, the county ordinance applies in that town.

SB544-SSA3, s. 10 Section 10. 66.0401 (7) of the statutes is created to read:

SB544-SSA3,8,12 66.0401 (7) Wind siting rules. (a) The board shall promulgate rules that specify the restrictions a political subdivision may impose on the installation or use of a wind energy system. The subject matter of these rules may include visual appearance, lighting, electrical connections to the power grid, setback distances, maximum audible sound levels, proper means of measuring noise, interference with radio, telephone, or television signals, decommissioning, or matters consistent with the conditions specified in sub. (1m) (a) to (c). The rules under this paragraph shall recognize the diversity of localities in this state and shall establish distinct standards for the siting of wind energy systems under distinct conditions related to factors such as topography, geography, geology, soils, meteorology, and biological resources.

SB544-SSA3,8,14 (b) In addition to the rules under par. (a), the board shall promulgate rules that do all of the following:

SB544-SSA3,8,17 1. Specify the information and documentation to be provided in an application for approval to demonstrate that a proposed wind energy system complies with rules promulgated under par. (a).

SB544-SSA3,8,19 2. Specify the information and documentation to be included in a political subdivision's record of decision under sub. (4) (b).

SB544-SSA3,8,21 3. Specify the procedure a political subdivision shall follow in reviewing an application for approval under sub. (4).

SB544-SSA3,8,23 (c) The commission shall provide technical assistance to the board relating to its promulgation of the rules under pars. (a) and (b).

SB544-SSA3, s. 11 Section 11. 165.25 (4) (aw) of the statutes is created to read:

SB544-SSA3,9,3 165.25 (4) (aw) The department of justice shall furnish legal services to the wind energy system siting review board in defending appeals under s. 66.0401 (5) (e) of decisions of the board.

SB544-SSA3, s. 12 Section 12. Nonstatutory provisions.

SB544-SSA3,9,8 (1) Terms of initial board members. Notwithstanding the length of the terms specified for members of the wind energy system siting review board in section 15.795 (2) (b) of the statutes, as created by this act, the initial members shall be appointed for the following terms:

SB544-SSA3,9,10 (a) The member appointed under section 15.795 (2) (b) 1. of the statutes, as created by this act, for a term expiring on May 1, 2011.

SB544-SSA3,9,13 (b) The member appointed under section 15.795 (2) (b) 2. of the statutes, as created by this act, and one member appointed under section 15.795 (2) (b) 5. of the statutes, as created by this act, for terms expiring on May 1, 2012.

SB544-SSA3,9,16 (c) The member appointed under section 15.795 (2) (b) 3. of the statutes, as created by this act, and one member appointed under section 15.795 (2) (b) 5. of the statutes, as created by this act, for terms expiring on May 1, 2013.

SB544-SSA3,9,19 (d) The member appointed under section 15.795 (2) (b) 4. of the statutes, as created by this act, and one member appointed under section 15.795 (2) (b) 5. of the statutes, as created by this act, for terms expiring on May 1, 2014.

SB544-SSA3, s. 13 Section 13. Initial applicability.

SB544-SSA3,9,24 (1) The wind energy system siting review board review process for a political subdivision's decision under section 66.0401 (5) of the statutes first applies to a local decision that is issued after the wind energy system siting review board's rules under section 66.0401 (7) of the statutes take effect.

SB544-SSA3,9,25 (End)