AB256-ASA1,3,2424 (d) "Political subdivision" means a city, village, town, or county.
AB256-ASA1,3,2525 (e) "Wind energy system" has the meaning given in s. 66.0403 (1) (m).
AB256-ASA1, s. 4
1Section 4. 66.0401 (2) of the statutes is amended to read:
AB256-ASA1,4,112 66.0401 (2) Authority to require trimming of blocking vegetation. A county,
3city, village, or town
Subject to sub. (6) (a), a political subdivision may provide by
4enact an ordinance for relating to the trimming of vegetation that blocks solar
5energy, as defined in s. 66.0403 (1) (k), from a collector surface, as defined under s.
6700.41 (2) (b), or that blocks wind from a wind energy system, as defined in s. 66.0403
7(1) (m)
. The ordinance may include, but is not limited to, a designation of
8responsibility for the costs of the trimming. The ordinance may not require the
9trimming of vegetation that was planted by the owner or occupant of the property on
10which the vegetation is located before the installation of the solar or wind energy
11system.
AB256-ASA1, s. 5 12Section 5. 66.0401 (3) of the statutes is created to read:
AB256-ASA1,4,1713 66.0401 (3) Testing activities. A political subdivision may not prohibit or
14restrict any person from conducting testing activities to determine the suitability of
15a site for the placement of a wind energy system. A political subdivision objecting
16to such testing may petition the commission to impose reasonable restrictions on the
17testing activity.
AB256-ASA1, s. 6 18Section 6. 66.0401 (4) of the statutes is created to read:
AB256-ASA1,5,619 66.0401 (4) Local procedure. (a) 1. Subject to subd. 2., a political subdivision
20that receives an application for approval shall determine whether it is complete and,
21no later than 45 days after the application is filed, notify the applicant about the
22determination. As soon as possible after receiving the application for approval, the
23political subdivision shall publish a class 1 notice, under ch. 985, stating that an
24application for approval has been filed with the political subdivision. If the political
25subdivision determines that the application is incomplete, the notice shall state the

1reason for the determination. An applicant may supplement and refile an
2application that the political subdivision has determined to be incomplete. There is
3no limit on the number of times that an applicant may refile an application for
4approval. If the political subdivision fails to determine whether an application for
5approval is complete within 45 days after the application is filed, the application
6shall be considered to be complete.
AB256-ASA1,5,147 2. If a political subdivision that receives an application for approval under
8subd. 1. does not have in effect an ordinance described under par. (g), the 45-day time
9period for determining whether an application is complete, as described in subd. 1.,
10does not begin until the first day of the 4th month beginning after the political
11subdivision receives the application. A political subdivision may notify an applicant
12at any time, after receipt of the application and before the first day of the 4th month
13after its receipt, that it does not intend to enact an ordinance described under par.
14(g).
AB256-ASA1,5,1715 3. On the same day that an applicant makes an application for approval under
16subd. 1. for a wind energy system the applicant shall mail or deliver written notice
17of the application to the owners of land adjoining the site of the wind energy system.
AB256-ASA1,5,1918 4. A political subdivision may not consider an applicant's minor modification
19to the application to constitute a new application for the purposes of this subsection.
AB256-ASA1,5,2520 (b) A political subdivision shall make a record of its decision making on an
21application for approval, including a recording of any public hearing, copies of
22documents submitted at any public hearing, and copies of any other documents
23provided to the political subdivision in connection with the application for approval.
24The political subdivision's record shall conform to the commission's rules
25promulgated under s. 196.378 (4g) (c) 2.
AB256-ASA1,6,4
1(c) A political subdivision shall base its decision on an application for approval
2on written findings of fact that are supported by the evidence in the record under par.
3(b). A political subdivision's procedure for reviewing the application for approval
4shall conform to the commission's rules promulgated under s. 196.378 (4g) (c) 3.
AB256-ASA1,6,95 (d) Except as provided in par. (e), a political subdivision shall approve or
6disapprove an application for approval no later than 90 days after the day on which
7it notifies the applicant that the application for approval is complete. If a political
8subdivision fails to act within the 90 days, or within any extended time period
9established under par. (e), the application is considered approved.
AB256-ASA1,6,1310 (e) A political subdivision may extend the time period in par. (d) if, within that
1190-day period, the political subdivision authorizes the extension in writing. Any
12combination of the following extensions may be granted, except that the total amount
13of time for all extensions granted under this paragraph may not exceed 90 days:
AB256-ASA1,6,1514 1. An extension of up to 45 days if the political subdivision needs additional
15information to determine whether to approve or deny the application for approval.
AB256-ASA1,6,1716 2. An extension of up to 90 days if the applicant makes a material modification
17to the application for approval.
AB256-ASA1,6,1918 3. An extension of up to 90 days for other good cause specified in writing by the
19political subdivision.
AB256-ASA1,6,2320 (f) 1. Except as provided in subd. 2., a political subdivision may not deny or
21impose a restriction on an application for approval unless the political subdivision
22enacts an ordinance that is no more restrictive than the rules the commission
23promulgates under s. 196.378 (4g) (b).
AB256-ASA1,7,424 2. A political subdivision may deny an application for approval if the proposed
25site of the large wind energy system is in an area primarily designated for future

1residential or commercial development, as shown in a map that is adopted, as part
2of a comprehensive plan, under s. 66.1001 (2) (b) and (f), before June 2, 2009, or as
3shown in such maps after December 31, 2015, as part of a comprehensive plan that
4is updated as required under s. 66.1001 (2) (i).
AB256-ASA1,7,85 (g) A political subdivision that chooses to regulate wind energy systems shall
6enact an ordinance, subject to sub. (6) (b), that is no more restrictive than the
7applicable standards established by the commission in rules promulgated under s.
8196.378 (4g).
AB256-ASA1, s. 7 9Section 7. 66.0401 (5) of the statutes is created to read:
AB256-ASA1,7,1410 66.0401 (5) Public service commission review. (a) A decision of a political
11subdivision to determine that an application is incomplete under sub. (4) (a) 1., or to
12approve, disapprove, or impose a restriction upon a wind energy system, or an action
13of a political subdivision to enforce a restriction on a wind energy system, may be
14appealed only as provided in this subsection.
AB256-ASA1,7,2415 (b) 1. Any aggrieved person seeking to appeal a decision or enforcement action
16specified in par. (a) may begin the political subdivision's administrative review
17process. If the person is still aggrieved after the administrative review is completed,
18the person may file an appeal with the commission. No appeal to the commission
19under this subdivision may be filed later than 30 days after the political subdivision
20has completed its administrative review process. For purposes of this subdivision,
21if a political subdivision fails to complete its administrative review process within 90
22days after an aggrieved person begins the review process, the political subdivision
23is considered to have completed the process on the 90th day after the person began
24the process.
AB256-ASA1,8,5
12. Rather than beginning an administrative review under subd. 1., an
2aggrieved person seeking to appeal a decision or enforcement action of a political
3subdivision specified in par. (a) may file an appeal directly with the commission. No
4appeal to the commission under this subdivision may be filed later than 30 days after
5the decision or initiation of the enforcement action.
AB256-ASA1,8,106 3. An applicant whose application for approval is denied under sub. (4) (f) 2.
7may appeal the denial to the commission. The commission may grant the appeal
8notwithstanding the inconsistency of the application for approval with the political
9subdivision's planned residential or commercial development if the commission
10determines that granting the appeal is consistent with the public interest.
AB256-ASA1,8,1611 (c) Upon receiving an appeal under par. (b), the commission shall notify the
12political subdivision. The political subdivision shall provide a certified copy of the
13record upon which it based its decision or enforcement action within 30 days after
14receiving notice. The commission may request of the political subdivision any other
15relevant governmental records and, if requested, the political subdivision shall
16provide such records within 30 days after receiving the request.
AB256-ASA1,8,2517 (d) The commission may confine its review to the records it receives from the
18political subdivision or, if it finds that additional information would be relevant to
19its decision, expand the records it reviews. The commission shall issue a decision
20within 90 days after the date on which it receives all of the records it requests under
21par. (c), unless for good cause the commission extends this time period in writing.
22If the commission determines that the political subdivision's decision or enforcement
23action does not comply with the rules it promulgates under s. 196.378 (4g) or is
24otherwise unreasonable, the political subdivision's decision shall be superseded by
25the commission's decision and the commission may order an appropriate remedy.
AB256-ASA1,9,5
1(e) In conducting a review under par. (d), the commission may treat a political
2subdivision's determination that an application under sub. (4) (a) 1. is incomplete as
3a decision to disapprove the application if the commission determines that a political
4subdivision has unreasonably withheld its determination that an application is
5incomplete.
AB256-ASA1,9,106 (f) Judicial review is not available until the commission issues its decision or
7order under par. (d). Judicial review shall be of the commission's decision or order,
8not of the political subdivision's decision or enforcement action. The commission's
9decision or order is subject to judicial review under ch. 227. Injunctive relief is
10available only as provided in s. 196.43.
AB256-ASA1, s. 8 11Section 8. 66.0401 (6) of the statutes is created to read:
AB256-ASA1,9,1412 66.0401 (6) Applicability of a county ordinance. (a) 1. A county ordinance
13enacted under sub. (2) applies only to the towns in the county that have not enacted
14an ordinance under sub. (2).
AB256-ASA1,9,1815 2. If a town enacts an ordinance under sub. (2) after a county has enacted an
16ordinance under sub. (2), the county ordinance does not apply, and may not be
17enforced, in the town, except that if the town later repeals its ordinance, the county
18ordinance applies in that town.
AB256-ASA1,9,2019 (b) 1. Subject to subd. 2., a county ordinance enacted under sub. (4) applies only
20in the unincorporated parts of the county.
AB256-ASA1,9,2421 2. If a town enacts an ordinance under sub. (4), either before or after a county
22enacts an ordinance under sub. (4), the more restrictive terms of the 2 ordinances
23apply to the town, except that if the town later repeals its ordinance, the county
24ordinance applies in that town.
AB256-ASA1, s. 9 25Section 9. 66.0403 (1) (m) of the statutes is amended to read:
AB256-ASA1,9,26
166.0403 (1) (m) "Wind energy system" means equipment and associated
2facilities
that converts convert and then stores store or transfers transfer energy
3from the wind into usable forms of energy.
AB256-ASA1, s. 10 4Section 10. 196.378 (4) (title) of the statutes is repealed and recreated to read:
AB256-ASA1,10,55 196.378 (4) (title) Renewable resource rules.
AB256-ASA1, s. 11 6Section 11. 196.378 (4g) of the statutes is created to read:
AB256-ASA1,10,77 196.378 (4g) Wind siting rules. (a) In this subsection:
AB256-ASA1,10,88 1. "Application for approval" has the meaning given in s. 66.0401 (1e) (a).
AB256-ASA1,10,99 2. "Political subdivision" means a city, village, town, or county.
AB256-ASA1,10,1010 3. "Wind energy system" has the meaning given in s. 66.0403 (1) (m).
AB256-ASA1,10,1911 (b) The commission shall promulgate rules that specify the restrictions a
12political subdivision may impose on the installation or use of a wind energy system
13consistent with the conditions specified in s. 66.0401 (1m) (a) to (c). The subject
14matter of these rules may include visual appearance, lighting, electrical connections
15to the power grid, setback distances, maximum audible sound levels, shadow flicker,
16proper means of measuring noise, interference with radio, telephone, or television
17signals, decommissioning, or other matters. A political subdivision may not place a
18restriction on the installation or use of a wind energy system that is more restrictive
19than these rules.
AB256-ASA1,10,2120 (c) In addition to the rules under par. (b), the commission shall promulgate
21rules that do all of the following:
AB256-ASA1,10,2422 1. Specify the information and documentation to be provided in an application
23for approval to demonstrate that a proposed wind energy system complies with rules
24promulgated under par. (b)
AB256-ASA1,11,2
12. Specify the information and documentation to be included in a political
2subdivision's record of decision under s. 66.0401 (4) (b).
AB256-ASA1,11,43 3. Specify the procedure a political subdivision shall follow in reviewing an
4application for approval under s. 66.0401 (4).
AB256-ASA1,11,65 4. Specify the requirements and procedures for a political subdivision to enforce
6the restrictions allowed under par. (b).
AB256-ASA1, s. 12 7Section 12. 196.491 (3) (dg) of the statutes is created to read:
AB256-ASA1,11,128 196.491 (3) (dg) In making a determination under par. (d) that applies to a large
9electric generating facility, if the large electric generating facility is a wind energy
10system, as defined in s. 66.0403 (1) (m), the commission shall consider whether
11installation or use of the facility is consistent with the standards specified in the
12rules promulgated by the commission under s. 196.378 (4g) (b).
AB256-ASA1, s. 13 13Section 13. Nonstatutory provisions.
AB256-ASA1,11,1414 (1) Advisory committee; public hearings.
AB256-ASA1,11,1515 (a) In this subsection:
AB256-ASA1,11,16 161. "Political subdivision" means a city, village, town, or county.
AB256-ASA1,11,18 172. "Wind energy system" has the meaning given in section 66.0403 (1) (m) of
18the statutes, as affected by this act.
AB256-ASA1,12,319 (b) Before the public service commission may promulgate the rules required
20under section 196.378 (4g) of the statutes, as created by this act, the commission shall
21establish an advisory committee under section 227.13 of the statutes, composed of
22a member of the University of Wisconsin faculty who offers expertise in the issues
23to be addressed by the advisory committee and representatives of wind energy
24system developers, political subdivisions, energy groups, environmental groups,
25realtors, landowners who live adjacent to or in the vicinity of wind energy systems

1and who have not received compensation by or on behalf of owners of, operators of,
2or developers of wind energy systems, and the public, to advise the commission on
3the rules.
AB256-ASA1,12,9 4(c) The public service commission shall hold at least 2 public hearings prior to
5promulgating the rules required under section 196.378 (4g) of the statutes, as
6created by this act. The public service commission shall hold at least one of the
7hearings in Monroe County and at least one of the hearings in an area outside of
8Dane County and Monroe County in which developers have proposed wind energy
9systems.
AB256-ASA1,13,2 10(2) Department of natural resources study. The department of natural
11resources shall conduct a study to determine whether the department's statutory
12authority is sufficient to adequately protect wildlife and the environment from any
13adverse effect from the siting, construction, or operation of wind energy systems. In
14conducting the study, the department shall consider the authority of other state
15agencies and political subdivisions to regulate the environmental impact of wind
16energy systems, including the authority of the public service commission under
17section 196.491 (3) (d) 3. and 4. of the statutes and of political subdivisions under
18section 66.0401 (1m) and (4) (g) of the statutes, as affected by this act. On or before
19the first day of the 13th month beginning after the effective date of this subsection,
20the department shall submit a report containing the results of the study to the
21legislature in the manner provided under section 13.172 (2) of the statutes. If the
22department's study concludes that the department's statutory authority is not
23sufficient to adequately protect wildlife and the environment from any adverse effect
24from the siting, construction, or operation of wind energy systems, the report shall

1include recommendations to the legislature for a bill that provides the department
2with such authority.
AB256-ASA1, s. 14 3Section 14. Initial applicability.
AB256-ASA1,13,84 (1) The public service commission review process for a political subdivision's
5decision or enforcement action under section 66.0401 (5) of the statutes, as created
6by this act, first applies to a local decision or action that is issued or initiated after
7the public service commission's rules under section 196.378 (4g) of the statutes, as
8created by this act, take effect.
AB256-ASA1,13,129 (2) The treatment of section 196.491 (3) (dg) of the statutes, as created by this
10act, first applies to applications for certificates of public convenience and necessity
11that are received after the public service commission's rules under section 196.378
12(4g) of the statutes, as created by this act, take effect.
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