SB185-SSA1,3,6 223.39 Placement of wind turbines. The department shall identify areas in
3this state where wind turbines, if placed in those areas, may have a significant
4adverse effect on bat and migratory bird populations. The department shall
5maintain an Internet Web site that provides this information to the public and that
6includes a map of the identified areas.
SB185-SSA1, s. 2 7Section 2. 66.0401 (1) of the statutes is renumbered 66.0401 (1m), and 66.0401
8(1m) (intro.), as renumbered, is amended to read:
SB185-SSA1,3,169 66.0401 (1m) Authority to restrict systems limited. (intro.) No county, city,
10town, or village
political subdivision may place any restriction, either directly or in
11effect, on the installation or use of a wind energy system that is more restrictive than
12the rules promulgated by the commission under s. 196.378 (4g) (b). No political
13subdivision
may place any restriction, either directly or in effect, on the installation
14or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy
15system, as defined in s. 66.0403 (1) (m), unless the restriction satisfies one of the
16following conditions:
SB185-SSA1, s. 3 17Section 3. 66.0401 (1e) of the statutes is created to read:
SB185-SSA1,3,1818 66.0401 (1e) Definitions. In this section:
SB185-SSA1,3,2119 (a) "Application for approval" means an application for approval of a wind
20energy system under rules promulgated by the commission under s. 196.378 (4g) (c)
211.
SB185-SSA1,3,22
1(b) "Commission" means the public service commission.
SB185-SSA1,4,22 (c) "Political subdivision" means a city, village, town, or county.
SB185-SSA1,4,33 (d) "Wind energy system" has the meaning given in s. 66.0403 (1) (m).
SB185-SSA1, s. 4 4Section 4. 66.0401 (2) of the statutes is amended to read:
SB185-SSA1,4,145 66.0401 (2) Authority to require trimming of blocking vegetation. A county,
6city, village, or town
Subject to sub. (6) (a), a political subdivision may provide by
7enact an ordinance for relating to the trimming of vegetation that blocks solar
8energy, as defined in s. 66.0403 (1) (k), from a collector surface, as defined under s.
9700.41 (2) (b), or that blocks wind from a wind energy system, as defined in s. 66.0403
10(1) (m)
. The ordinance may include, but is not limited to, a designation of
11responsibility for the costs of the trimming. The ordinance may not require the
12trimming of vegetation that was planted by the owner or occupant of the property on
13which the vegetation is located before the installation of the solar or wind energy
14system.
SB185-SSA1, s. 5 15Section 5. 66.0401 (3) of the statutes is created to read:
SB185-SSA1,4,2016 66.0401 (3) Testing activities. A political subdivision may not prohibit or
17restrict any person from conducting testing activities to determine the suitability of
18a site for the placement of a wind energy system. A political subdivision objecting
19to such testing may petition the commission to impose reasonable restrictions on the
20testing activity.
SB185-SSA1, s. 6 21Section 6. 66.0401 (4) of the statutes is created to read:
SB185-SSA1,5,922 66.0401 (4) Local procedure. (a) 1. Subject to subd. 2., a political subdivision
23that receives an application for approval shall determine whether it is complete and,
24no later than 45 days after the application is filed, notify the applicant about the
25determination. As soon as possible after receiving the application for approval, the

1political subdivision shall publish a class 1 notice, under ch. 985, stating that an
2application for approval has been filed with the political subdivision. If the political
3subdivision determines that the application is incomplete, the notice shall state the
4reason for the determination. An applicant may supplement and refile an
5application that the political subdivision has determined to be incomplete. There is
6no limit on the number of times that an applicant may refile an application for
7approval. If the political subdivision fails to determine whether an application for
8approval is complete within 45 days after the application is filed, the application
9shall be considered to be complete.
SB185-SSA1,5,1710 2. If a political subdivision that receives an application for approval under
11subd. 1. does not have in effect an ordinance described under par. (g), the 45-day time
12period for determining whether an application is complete, as described in subd. 1.,
13does not begin until the first day of the 4th month beginning after the political
14subdivision receives the application. A political subdivision may notify an applicant
15at any time, after receipt of the application and before the first day of the 4th month
16after its receipt, that it does not intend to enact an ordinance described under par.
17(g).
SB185-SSA1,5,2018 3. On the same day that an applicant makes an application for approval under
19subd. 1. for a wind energy system the applicant shall mail or deliver written notice
20of the application to the owners of land adjoining the site of the wind energy system.
SB185-SSA1,5,2221 4. A political subdivision may not consider an applicant's minor modification
22to the application to constitute a new application for the purposes of this subsection.
SB185-SSA1,6,323 (b) A political subdivision shall make a record of its decision making on an
24application for approval, including a recording of any public hearing, copies of
25documents submitted at any public hearing, and copies of any other documents

1provided to the political subdivision in connection with the application for approval.
2The political subdivision's record shall conform to the commission's rules
3promulgated under s. 196.378 (4g) (c) 2.
SB185-SSA1,6,74 (c) A political subdivision shall base its decision on an application for approval
5on written findings of fact that are supported by the evidence in the record under par.
6(b). A political subdivision's procedure for reviewing the application for approval
7shall conform to the commission's rules promulgated under s. 196.378 (4g) (c) 3.
SB185-SSA1,6,128 (d) Except as provided in par. (e), a political subdivision shall approve or
9disapprove an application for approval no later than 90 days after the day on which
10it notifies the applicant that the application for approval is complete. If a political
11subdivision fails to act within the 90 days, or within any extended time period
12established under par. (e), the application is considered approved.
SB185-SSA1,6,1613 (e) A political subdivision may extend the time period in par. (d) if, within that
1490-day period, the political subdivision authorizes the extension in writing. Any
15combination of the following extensions may be granted, except that the total amount
16of time for all extensions granted under this paragraph may not exceed 90 days:
SB185-SSA1,6,1817 1. An extension of up to 45 days if the political subdivision needs additional
18information to determine whether to approve or deny the application for approval.
SB185-SSA1,6,2019 2. An extension of up to 90 days if the applicant makes a material modification
20to the application for approval.
SB185-SSA1,6,2221 3. An extension of up to 90 days for other good cause specified in writing by the
22political subdivision.
SB185-SSA1,7,223 (f) 1. Except as provided in subd. 2., a political subdivision may not deny or
24impose a restriction on an application for approval unless the political subdivision

1enacts an ordinance that is no more restrictive than the rules the commission
2promulgates under s. 196.378 (4g) (b).
SB185-SSA1,7,93 2. A political subdivision may deny an application for approval if the proposed
4site of the wind energy system is in an area primarily designated for future
5residential or commercial development, as shown in a map that is adopted, as part
6of a comprehensive plan, under s. 66.1001 (2) (b) and (f), before June 2, 2009, or as
7shown in such maps after December 31, 2015, as part of a comprehensive plan that
8is updated as required under s. 66.1001 (2) (i). This subdivision applies to a wind
9energy system has a nominal capacity of at least one megawatt.
SB185-SSA1,7,1310 (g) A political subdivision that chooses to regulate wind energy systems shall
11enact an ordinance, subject to sub. (6) (b), that is no more restrictive than the
12applicable standards established by the commission in rules promulgated under s.
13196.378 (4g).
SB185-SSA1, s. 7 14Section 7. 66.0401 (5) of the statutes is created to read:
SB185-SSA1,7,1915 66.0401 (5) Public service commission review. (a) A decision of a political
16subdivision to determine that an application is incomplete under sub. (4) (a) 1., or to
17approve, disapprove, or impose a restriction upon a wind energy system, or an action
18of a political subdivision to enforce a restriction on a wind energy system, may be
19appealed only as provided in this subsection.
SB185-SSA1,8,420 (b) 1. Any aggrieved person seeking to appeal a decision or enforcement action
21specified in par. (a) may begin the political subdivision's administrative review
22process. If the person is still aggrieved after the administrative review is completed,
23the person may file an appeal with the commission. No appeal to the commission
24under this subdivision may be filed later than 30 days after the political subdivision
25has completed its administrative review process. For purposes of this subdivision,

1if a political subdivision fails to complete its administrative review process within 90
2days after an aggrieved person begins the review process, the political subdivision
3is considered to have completed the process on the 90th day after the person began
4the process.
SB185-SSA1,8,95 2. Rather than beginning an administrative review under subd. 1., an
6aggrieved person seeking to appeal a decision or enforcement action of a political
7subdivision specified in par. (a) may file an appeal directly with the commission. No
8appeal to the commission under this subdivision may be filed later than 30 days after
9the decision or initiation of the enforcement action.
SB185-SSA1,8,1410 3. An applicant whose application for approval is denied under sub. (4) (f) 2.
11may appeal the denial to the commission. The commission may grant the appeal
12notwithstanding the inconsistency of the application for approval with the political
13subdivision's planned residential or commercial development if the commission
14determines that granting the appeal is consistent with the public interest.
SB185-SSA1,8,2015 (c) Upon receiving an appeal under par. (b), the commission shall notify the
16political subdivision. The political subdivision shall provide a certified copy of the
17record upon which it based its decision or enforcement action within 30 days after
18receiving notice. The commission may request of the political subdivision any other
19relevant governmental records and, if requested, the political subdivision shall
20provide such records within 30 days after receiving the request.
SB185-SSA1,9,421 (d) The commission may confine its review to the records it receives from the
22political subdivision or, if it finds that additional information would be relevant to
23its decision, expand the records it reviews. The commission shall issue a decision
24within 90 days after the date on which it receives all of the records it requests under
25par. (c), unless for good cause the commission extends this time period in writing.

1If the commission determines that the political subdivision's decision or enforcement
2action does not comply with the rules it promulgates under s. 196.378 (4g) or is
3otherwise unreasonable, the political subdivision's decision shall be superseded by
4the commission's decision and the commission may order an appropriate remedy.
SB185-SSA1,9,95 (e) In conducting a review under par. (d), the commission may treat a political
6subdivision's determination that an application under sub. (4) (a) 1. is incomplete as
7a decision to disapprove the application if the commission determines that a political
8subdivision has unreasonably withheld its determination that an application is
9incomplete.
SB185-SSA1,9,1410 (f) Judicial review is not available until the commission issues its decision or
11order under par. (d). Judicial review shall be of the commission's decision or order,
12not of the political subdivision's decision or enforcement action. The commission's
13decision or order is subject to judicial review under ch. 227. Injunctive relief is
14available only as provided in s. 196.43.
SB185-SSA1, s. 8 15Section 8. 66.0401 (6) of the statutes is created to read:
SB185-SSA1,9,1816 66.0401 (6) Applicability of a county ordinance. (a) 1. A county ordinance
17enacted under sub. (2) applies only to the towns in the county that have not enacted
18an ordinance under sub. (2).
SB185-SSA1,9,2219 2. If a town enacts an ordinance under sub. (2) after a county has enacted an
20ordinance under sub. (2), the county ordinance does not apply, and may not be
21enforced, in the town, except that if the town later repeals its ordinance, the county
22ordinance applies in that town.
SB185-SSA1,9,2423 (b) 1. Subject to subd. 2., a county ordinance enacted under sub. (4) applies only
24in the unincorporated parts of the county.
SB185-SSA1,9,25
12. If a town enacts an ordinance under sub. (4), either before or after a county
2enacts an ordinance under sub. (4), the more restrictive terms of the 2 ordinances
3apply to the town, except that if the town later repeals its ordinance, the county
4ordinance applies in that town.
SB185-SSA1, s. 9 5Section 9. 66.0403 (1) (m) of the statutes is amended to read:
SB185-SSA1,10,86 66.0403 (1) (m) "Wind energy system" means equipment and associated
7facilities
that converts convert and then stores store or transfers transfer energy
8from the wind into usable forms of energy.
SB185-SSA1, s. 10 9Section 10. 196.378 (4) (title) of the statutes is repealed and recreated to read:
SB185-SSA1,10,1010 196.378 (4) (title) Renewable resource rules.
SB185-SSA1, s. 11 11Section 11. 196.378 (4g) of the statutes is created to read:
SB185-SSA1,10,1212 196.378 (4g) Wind siting rules. (a) In this subsection:
SB185-SSA1,10,1313 1. "Application for approval" has the meaning given in s. 66.0401 (1e) (a).
SB185-SSA1,10,1414 2. "Political subdivision" means a city, village, town, or county.
SB185-SSA1,10,1515 3. "Wind energy system" has the meaning given in s. 66.0403 (1) (m).
SB185-SSA1,10,2416 (b) The commission shall promulgate rules that specify the restrictions a
17political subdivision may impose on the installation or use of a wind energy system
18consistent with the conditions specified in s. 66.0401 (1m) (a) to (c). The subject
19matter of these rules may include visual appearance, lighting, electrical connections
20to the power grid, setback distances, maximum audible sound levels, shadow flicker,
21proper means of measuring noise, interference with radio, telephone, or television
22signals, decommissioning, or other matters. A political subdivision may not place a
23restriction on the installation or use of a wind energy system that is more restrictive
24than these rules.
SB185-SSA1,11,2
1(c) In addition to the rules under par. (b), the commission shall promulgate
2rules that do all of the following:
SB185-SSA1,11,53 1. Specify the information and documentation to be provided in an application
4for approval to demonstrate that a proposed wind energy system complies with rules
5promulgated under par. (b)
SB185-SSA1,11,76 2. Specify the information and documentation to be included in a political
7subdivision's record of decision under s. 66.0401 (4) (b).
SB185-SSA1,11,98 3. Specify the procedure a political subdivision shall follow in reviewing an
9application for approval under s. 66.0401 (4).
SB185-SSA1,11,1110 4. Specify the requirements and procedures for a political subdivision to enforce
11the restrictions allowed under par. (b).
SB185-SSA1, s. 12 12Section 12. 196.491 (3) (dg) of the statutes is created to read:
SB185-SSA1,11,1713 196.491 (3) (dg) In making a determination under par. (d) that applies to a large
14electric generating facility, if the large electric generating facility is a wind energy
15system, as defined in s. 66.0403 (1) (m), the commission shall consider whether
16installation or use of the facility is consistent with the standards specified in the
17rules promulgated by the commission under s. 196.378 (4g) (b).
SB185-SSA1, s. 13 18Section 13. Nonstatutory provisions.
SB185-SSA1,11,1919 (1) Advisory committee; public hearings.
SB185-SSA1,11,2020 (a) In this subsection:
SB185-SSA1,11,21 211. "Political subdivision" means a city, village, town, or county.
SB185-SSA1,11,23 222. "Wind energy system" has the meaning given in section 66.0403 (1) (m) of
23the statutes, as affected by this act.
SB185-SSA1,12,824 (b) Before the public service commission may promulgate the rules required
25under section 196.378 (4g) of the statutes, as created by this act, the commission shall

1establish an advisory committee under section 227.13 of the statutes, composed of
2a member of the University of Wisconsin faculty who offers expertise in the issues
3to be addressed by the advisory committee and representatives of wind energy
4system developers, political subdivisions, energy groups, environmental groups,
5realtors, landowners who live adjacent to or in the vicinity of wind energy systems
6and who have not received compensation by or on behalf of owners of, operators of,
7or developers of wind energy systems, and the public, to advise the commission on
8the rules.
SB185-SSA1,12,14 9(c) The public service commission shall hold at least 2 public hearings prior to
10promulgating the rules required under section 196.378 (4g) of the statutes, as
11created by this act. The public service commission shall hold at least one of the
12hearings in Monroe County and at least one of the hearings in an area outside of
13Dane County and Monroe County in which developers have proposed wind energy
14systems.
SB185-SSA1,13,6 15(2) Department of natural resources study. The department of natural
16resources shall conduct a study to determine whether the department's statutory
17authority is sufficient to adequately protect wildlife and the environment from any
18adverse effect from the siting, construction, or operation of wind energy systems. In
19conducting the study, the department shall consider the authority of other state
20agencies and political subdivisions to regulate the environmental impact of wind
21energy systems, including the authority of the public service commission under
22section 196.491 (3) (d) 3. and 4. of the statutes and of political subdivisions under
23section 66.0401 (1m) and (4) (g) of the statutes, as affected by this act. On or before
24the first day of the 13th month beginning after the effective date of this subsection,
25the department shall submit a report containing the results of the study to the

1legislature in the manner provided under section 13.172 (2) of the statutes. If the
2department's study concludes that the department's statutory authority is not
3sufficient to adequately protect wildlife and the environment from any adverse effect
4from the siting, construction, or operation of wind energy systems, the report shall
5include recommendations to the legislature for a bill that provides the department
6with such authority.
SB185-SSA1, s. 14 7Section 14. Initial applicability.
SB185-SSA1,13,128 (1) The public service commission review process for a political subdivision's
9decision or enforcement action under section 66.0401 (5) of the statutes, as created
10by this act, first applies to a local decision or action that is issued or initiated after
11the public service commission's rules under section 196.378 (4g) of the statutes, as
12created by this act, take effect.
SB185-SSA1,13,1613 (2) The treatment of section 196.491 (3) (dg) of the statutes, as created by this
14act, first applies to applications for certificates of public convenience and necessity
15that are received after the public service commission's rules under section 196.378
16(4g) of the statutes, as created by this act, take effect.
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