AB256-ASA2,11,1919 196.378 (4) (title) Renewable resource rules.
AB256-ASA2, s. 12 20Section 12. 196.378 (4g) of the statutes is created to read:
AB256-ASA2,11,2121 196.378 (4g) Wind energy systems. (a) In this subsection:
AB256-ASA2,11,2222 1. "Application for approval" has the meaning given in s. 66.0401 (1e) (a).
AB256-ASA2,12,223 2. "Decommissioning" means removing wind turbines, buildings, cables,
24electrical components, roads, and any other facilities associated with a wind energy

1system that are located at the site of the wind energy system and restoring the site
2of the wind energy system.
AB256-ASA2,12,33 3. "Political subdivision" means a city, village, town, or county.
AB256-ASA2,12,44 4. "Wind energy system" has the meaning given in s. 66.0403 (1) (m).
AB256-ASA2,12,165 (b) The commission shall, with the advice of the wind siting council, promulgate
6rules that specify the restrictions a political subdivision may impose on the
7installation or use of a wind energy system consistent with the conditions specified
8in s. 66.0401 (1m) (a) to (c). The subject matter of these rules shall include setback
9requirements that provide reasonable protection from any health effects, including
10health effects from noise and shadow flicker, associated with wind energy systems.
11The subject matter of these rules shall also include decommissioning and may
12include visual appearance, lighting, electrical connections to the power grid, setback
13distances, maximum audible sound levels, shadow flicker, proper means of
14measuring noise, interference with radio, telephone, or television signals, or other
15matters. A political subdivision may not place a restriction on the installation or use
16of a wind energy system that is more restrictive than these rules.
AB256-ASA2,12,1817 (c) In addition to the rules under par. (b), the commission shall, with the advice
18of the wind siting council, promulgate rules that do all of the following:
AB256-ASA2,12,2119 1. Specify the information and documentation to be provided in an application
20for approval to demonstrate that a proposed wind energy system complies with rules
21promulgated under par. (b)
AB256-ASA2,12,2322 2. Specify the information and documentation to be included in a political
23subdivision's record of decision under s. 66.0401 (4) (b).
AB256-ASA2,12,2524 3. Specify the procedure a political subdivision shall follow in reviewing an
25application for approval under s. 66.0401 (4).
AB256-ASA2,13,2
14. Specify the requirements and procedures for a political subdivision to enforce
2the restrictions allowed under par. (b).
AB256-ASA2,13,93 (d) The commission shall promulgate rules requiring the owner of a wind
4energy system with a nominal operating capacity of at least one megawatt to
5maintain proof of financial responsibility ensuring the availability of funds for
6decommissioning the wind energy system upon discontinuance of use of the wind
7energy system. The rules may require that the proof can be established by a bond,
8deposit, escrow account, irrevocable letter of credit, or other financial commitment
9specified by the commission.
AB256-ASA2,13,1810 (e) The wind siting council shall survey the peer-reviewed scientific research
11regarding the health impacts of wind energy systems and study state and national
12regulatory developments regarding the siting of wind energy systems. No later than
13the first day of the 60th month beginning after the effective date of this paragraph
14.... [LRB inserts date], and every 5 years thereafter, the wind siting council shall
15submit a report to the chief clerk of each house of the legislature, for distribution to
16the appropriate standing committees under s. 13.172 (3), describing the research and
17regulatory developments and including any recommendations of the council for
18legislation that is based on the research and regulatory developments.
AB256-ASA2, s. 13 19Section 13. 196.491 (3) (dg) of the statutes is created to read:
AB256-ASA2,13,2420 196.491 (3) (dg) In making a determination under par. (d) that applies to a large
21electric generating facility, if the large electric generating facility is a wind energy
22system, as defined in s. 66.0403 (1) (m), the commission shall consider whether
23installation or use of the facility is consistent with the standards specified in the
24rules promulgated by the commission under s. 196.378 (4g) (b).
AB256-ASA2, s. 14 25Section 14. Nonstatutory provisions.
AB256-ASA2,14,6
1(1) Public hearings. The public service commission shall hold at least 2 public
2hearings prior to promulgating the rules required under section 196.378 (4g) of the
3statutes, as created by this act. The public service commission shall hold at least one
4of the hearings in Monroe County and at least one of the hearings in an area outside
5of Dane County and Monroe County in which developers have proposed wind energy
6systems, as defined in section 66.0403 (1) (m) of the statutes, as affected by this act.
AB256-ASA2,14,77 (2) Wind siting council members.
AB256-ASA2,14,108 (a) Notwithstanding the length of terms specified for the members of the wind
9siting council specified in section 15.797 (1) (b) of the statutes, as created by this act,
10the initial members shall be appointed for the following terms:
AB256-ASA2,14,12 111. One member specified under section 15.797 (1) (b) 1., 2., 3., 4., 5., 6., and 7.
12of the statutes, as created by this act, for terms expiring on July 1, 2012.
AB256-ASA2,14,14 132. The member specified under section 15.797 (1) (b) 8. of the statutes, as
14created by this act, for a term expiring on July 1, 2013.
AB256-ASA2,14,16 153. One member specified under section 15.797 (1) (b) 1., 2., 3., 4., 5., 6., and 7.
16of the statutes, as created by this act for terms that expire on July 1, 2014.
AB256-ASA2,14,2217 (b) Notwithstanding section 15.797 (1) (b) 2. of the statutes, as created by this
18act, the initial member of the wind siting council specified under section 15.797 (1)
19(b) 2. of the statutes that is appointed under paragraph (a) 3 . shall represent a town
20or county that has in effect on the effective date of this paragraph an ordinance
21regulating wind energy systems, as defined in section 66.0403 (1) (m) of the statutes,
22as affected by this act.
AB256-ASA2,15,14 23(3) Department of natural resources study. The department of natural
24resources shall conduct a study to determine whether the department's statutory
25authority is sufficient to adequately protect wildlife and the environment from any

1adverse effect from the siting, construction, or operation of wind energy systems. In
2conducting the study, the department shall consider the authority of other state
3agencies and political subdivisions to regulate the environmental impact of wind
4energy systems, including the authority of the public service commission under
5section 196.491 (3) (d) 3. and 4. of the statutes and of political subdivisions under
6section 66.0401 (1m) and (4) (g) of the statutes, as affected by this act. On or before
7the first day of the 13th month beginning after the effective date of this subsection,
8the department shall submit a report containing the results of the study to the
9legislature in the manner provided under section 13.172 (2) of the statutes. If the
10department's study concludes that the department's statutory authority is not
11sufficient to adequately protect wildlife and the environment from any adverse effect
12from the siting, construction, or operation of wind energy systems, the report shall
13include recommendations to the legislature for a bill that provides the department
14with such authority.
AB256-ASA2, s. 15 15Section 15. Initial applicability.
AB256-ASA2,15,2016 (1) The public service commission review process for a political subdivision's
17decision or enforcement action under section 66.0401 (5) of the statutes, as created
18by this act, first applies to a local decision or action that is issued or initiated after
19the public service commission's rules under section 196.378 (4g) of the statutes, as
20created by this act, take effect.
AB256-ASA2,15,2421 (2) The treatment of section 196.491 (3) (dg) of the statutes, as created by this
22act, first applies to applications for certificates of public convenience and necessity
23that are received after the public service commission's rules under section 196.378
24(4g) of the statutes, as created by this act, take effect.
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