LRBa0693/1
MDK:kjf:ph
2009 - 2010 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2009 SENATE BILL 185
September 16, 2009 - Offered by Representative Ripp.
SB185-AA1,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 2, as follows:
SB185-AA1,1,3 31. Page 11, line 13: after that line insert:
SB185-AA1,1,4 4" Section 9e. 66.0401 (7) of the statutes is created to read:
SB185-AA1,1,125 66.0401 (7) Removal of noncompliant wind energy system. (a) If a political
6subdivision receives a written complaint that a wind energy system does not comply
7with the political subdivision's ordinance relating to the setback requirements of the
8system in relation to a home, or the volume of noise that the wind energy system
9generates, the political subdivision shall investigate the complaint and determine
10whether the wind energy system violates the ordinance within 60 days of receiving
11the complaint. The political subdivision shall send a written copy of its findings to
12the complainant.
SB185-AA1,2,4
1(b) If a political subdivision receives a complaint regarding the location of, or
2noise from, a wind energy system for which the commission has issued a certificate
3of public convenience and necessity under s. 196.491 (3), the political subdivision
4shall forward the complaint to the commission.
SB185-AA1,2,95 (c) If the political subdivision determines that the wind energy system does
6violate the political subdivision's ordinance, the political subdivision shall send a
7written copy of its findings to the owner of the wind energy system. The written
8findings shall order the owner to remove the wind energy system no later than 90
9days after the owner receives the findings.
SB185-AA1,2,1210 (d) An owner of a wind energy system who is ordered to remove the system, as
11described in par. (c), may appeal the political subdivision's order to the circuit court
12under ch. 227.".
SB185-AA1,2,13 132. Page 13, line 9: after that line insert:
SB185-AA1,2,20 14"(dm) 1. If the commission receives a written complaint about the location of,
15or noise from, a wind energy system for which the commission has issued a certificate
16of public convenience and necessity under s. 196.491 (3), including a complaint
17forwarded by a political subdivision under s. 66.0401 (7) (b), the commission shall
18investigate the complaint and determine whether the wind energy system violates
19the certificate within 60 days of receiving the complaint. The commission shall send
20a written copy of its findings to the complainant.
SB185-AA1,3,221 2. If the commission determines under subd. 1. that the wind energy system
22does violate the certificate of public convenience and necessity, the commission shall
23send a written copy of its findings to the owner of the wind energy system. The

1written findings shall order the owner to remove the wind energy system no later
2than 90 days after the owner receives the findings.
SB185-AA1,3,53 3. An owner of a wind energy system who is ordered to remove the system, as
4described in subd. 2., may appeal the commission's order to the circuit court under
5ch. 227.".
SB185-AA1,3,6 63. Page 13, line 24: after that line insert:
SB185-AA1,3,7 7" Section 13m. 196.85 (1m) (e) of the statutes is created to read:
SB185-AA1,3,118 196.85 (1m) (e) For the purpose of direct assessment under sub. (1) of expenses
9incurred by the commission in connection with its activities under s. 196.378 (4g)
10(dm), the term "public utility" includes the owner of a wind energy system, as defined
11in s. 66.0403 (1) (m).".
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