SB185-SSA3,1,119 (b) There is created in the department of agriculture, trade and consumer
10protection a wind siting council that consists of the following members appointed by
11the department for 3-year terms:
SB185-SSA3,1,12
11. Two members representing wind energy system developers.
SB185-SSA3,2,22 2. One member representing towns and one member representing counties.
SB185-SSA3,2,33 3. Two members representing the energy industry.
SB185-SSA3,2,44 4. Two members representing environmental groups.
SB185-SSA3,2,55 5. Two members representing realtors.
SB185-SSA3,2,86 6. Two members who are landowners living adjacent to or in the vicinity of a
7wind energy system and who have not received compensation by or on behalf of
8owners, operators, or developers of wind energy systems.
SB185-SSA3,2,99 7. Two public members.
SB185-SSA3,2,1110 8. One member who is a University of Wisconsin System faculty member with
11expertise regarding the health impacts of wind energy systems.
SB185-SSA3, s. 2 12Section 2. 23.39 of the statutes is created to read:
SB185-SSA3,2,17 1323.39 Placement of wind turbines. The department shall identify areas in
14this state where wind turbines, if placed in those areas, may have a significant
15adverse effect on bat and migratory bird populations. The department shall
16maintain an Internet Web site that provides this information to the public and that
17includes a map of the identified areas.
SB185-SSA3, s. 3 18Section 3. 66.0401 (1) of the statutes is renumbered 66.0401 (1m), and 66.0401
19(1m) (intro.), as renumbered, is amended to read:
SB185-SSA3,3,220 66.0401 (1m) Authority to restrict systems limited. (intro.) No county, city,
21town, or village
political subdivision may place any restriction, either directly or in
22effect, on the installation or use of a wind energy system that is more restrictive than
23the rules promulgated by the department under s. 100.59 (2). No political
24subdivision
may place any restriction, either directly or in effect, on the installation
25or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy

1system, as defined in s. 66.0403 (1) (m), unless the restriction satisfies one of the
2following conditions:
SB185-SSA3, s. 4 3Section 4. 66.0401 (1e) of the statutes is created to read:
SB185-SSA3,3,44 66.0401 (1e) Definitions. In this section:
SB185-SSA3,3,65 (a) "Application for approval" means an application for approval of a wind
6energy system under rules promulgated by the department under s. 100.59 (3) (a).
SB185-SSA3,3,87 (b) "Department" means the department of agriculture, trade and consumer
8protection.
SB185-SSA3,3,99 (c) "Political subdivision" means a city, village, town, or county.
SB185-SSA3,3,1010 (d) "Wind energy system" has the meaning given in s. 66.0403 (1) (m).
SB185-SSA3, s. 5 11Section 5. 66.0401 (2) of the statutes is amended to read:
SB185-SSA3,3,2112 66.0401 (2) Authority to require trimming of blocking vegetation. A county,
13city, village, or town
Subject to sub. (6) (a), a political subdivision may provide by
14enact an ordinance for relating to the trimming of vegetation that blocks solar
15energy, as defined in s. 66.0403 (1) (k), from a collector surface, as defined under s.
16700.41 (2) (b), or that blocks wind from a wind energy system, as defined in s. 66.0403
17(1) (m)
. The ordinance may include, but is not limited to, a designation of
18responsibility for the costs of the trimming. The ordinance may not require the
19trimming of vegetation that was planted by the owner or occupant of the property on
20which the vegetation is located before the installation of the solar or wind energy
21system.
SB185-SSA3, s. 6 22Section 6. 66.0401 (3) of the statutes is created to read:
SB185-SSA3,4,223 66.0401 (3) Testing activities. A political subdivision may not prohibit or
24restrict any person from conducting testing activities to determine the suitability of
25a site for the placement of a wind energy system. A political subdivision objecting

1to such testing may petition the department to impose reasonable restrictions on the
2testing activity.
SB185-SSA3, s. 7 3Section 7. 66.0401 (4) of the statutes is created to read:
SB185-SSA3,4,164 66.0401 (4) Local procedure. (a) 1. Subject to subd. 2., a political subdivision
5that receives an application for approval shall determine whether it is complete and,
6no later than 45 days after the application is filed, notify the applicant about the
7determination. As soon as possible after receiving the application for approval, the
8political subdivision shall publish a class 1 notice, under ch. 985, stating that an
9application for approval has been filed with the political subdivision. If the political
10subdivision determines that the application is incomplete, the notice shall state the
11reason for the determination. An applicant may supplement and refile an
12application that the political subdivision has determined to be incomplete. There is
13no limit on the number of times that an applicant may refile an application for
14approval. If the political subdivision fails to determine whether an application for
15approval is complete within 45 days after the application is filed, the application
16shall be considered to be complete.
SB185-SSA3,4,2417 2. If a political subdivision that receives an application for approval under
18subd. 1. does not have in effect an ordinance described under par. (g), the 45-day time
19period for determining whether an application is complete, as described in subd. 1.,
20does not begin until the first day of the 4th month beginning after the political
21subdivision receives the application. A political subdivision may notify an applicant
22at any time, after receipt of the application and before the first day of the 4th month
23after its receipt, that it does not intend to enact an ordinance described under par.
24(g).
SB185-SSA3,5,3
13. On the same day that an applicant makes an application for approval under
2subd. 1. for a wind energy system, the applicant shall mail or deliver written notice
3of the application to the owners of land adjoining the site of the wind energy system.
SB185-SSA3,5,54 4. A political subdivision may not consider an applicant's minor modification
5to the application to constitute a new application for the purposes of this subsection.
SB185-SSA3,5,116 (b) A political subdivision shall make a record of its decision making on an
7application for approval, including a recording of any public hearing, copies of
8documents submitted at any public hearing, and copies of any other documents
9provided to the political subdivision in connection with the application for approval.
10The political subdivision's record shall conform to the department's rules
11promulgated under s. 100.59 (3) (b).
SB185-SSA3,5,1512 (c) A political subdivision shall base its decision on an application for approval
13on written findings of fact that are supported by the evidence in the record under par.
14(b). A political subdivision's procedure for reviewing the application for approval
15shall conform to the department's rules promulgated under s. 100.59 (3) (c).
SB185-SSA3,5,2016 (d) Except as provided in par. (e), a political subdivision shall approve or
17disapprove an application for approval no later than 90 days after the day on which
18it notifies the applicant that the application for approval is complete. If a political
19subdivision fails to act within the 90 days, or within any extended time period
20established under par. (e), the application is considered approved.
SB185-SSA3,5,2421 (e) A political subdivision may extend the time period in par. (d) if, within that
2290-day period, the political subdivision authorizes the extension in writing. Any
23combination of the following extensions may be granted, except that the total amount
24of time for all extensions granted under this paragraph may not exceed 90 days:
SB185-SSA3,6,2
11. An extension of up to 45 days if the political subdivision needs additional
2information to determine whether to approve or deny the application for approval.
SB185-SSA3,6,43 2. An extension of up to 90 days if the applicant makes a material modification
4to the application for approval.
SB185-SSA3,6,65 3. An extension of up to 90 days for other good cause specified in writing by the
6political subdivision.
SB185-SSA3,6,107 (f) 1. Except as provided in subd. 2., a political subdivision may not deny or
8impose a restriction on an application for approval unless the political subdivision
9enacts an ordinance that is no more restrictive than the rules the department
10promulgates under s. 100.59 (2).
SB185-SSA3,6,1711 2. A political subdivision may deny an application for approval if the proposed
12site of the wind energy system is in an area primarily designated for future
13residential or commercial development, as shown in a map that is adopted, as part
14of a comprehensive plan, under s. 66.1001 (2) (b) and (f), before June 2, 2009, or as
15shown in such maps after December 31, 2015, as part of a comprehensive plan that
16is updated as required under s. 66.1001 (2) (i). This subdivision applies to a wind
17energy system that has a nominal capacity of at least one megawatt.
SB185-SSA3,6,2118 (g) A political subdivision that chooses to regulate wind energy systems shall
19enact an ordinance, subject to sub. (6) (b), that is no more restrictive than the
20applicable standards established by the department in rules promulgated under s.
21100.59.
SB185-SSA3, s. 8 22Section 8. 66.0401 (5) of the statutes is created to read:
SB185-SSA3,7,323 66.0401 (5) Review by department of agriculture, trade and consumer
24protection.
(a) A decision of a political subdivision to determine that an application
25is incomplete under sub. (4) (a) 1., or to approve, disapprove, or impose a restriction

1upon a wind energy system, or an action of a political subdivision to enforce a
2restriction on a wind energy system, may be appealed only as provided in this
3subsection.
SB185-SSA3,7,134 (b) 1. Any aggrieved person seeking to appeal a decision or enforcement action
5specified in par. (a) may begin the political subdivision's administrative review
6process. If the person is still aggrieved after the administrative review is completed,
7the person may file an appeal with the department. No appeal to the department
8under this subdivision may be filed later than 30 days after the political subdivision
9has completed its administrative review process. For purposes of this subdivision,
10if a political subdivision fails to complete its administrative review process within 90
11days after an aggrieved person begins the review process, the political subdivision
12is considered to have completed the process on the 90th day after the person began
13the process.
SB185-SSA3,7,1814 2. Rather than beginning an administrative review under subd. 1., an
15aggrieved person seeking to appeal a decision or enforcement action of a political
16subdivision specified in par. (a) may file an appeal directly with the department. No
17appeal to the department under this subdivision may be filed later than 30 days after
18the decision or initiation of the enforcement action.
SB185-SSA3,7,2319 3. An applicant whose application for approval is denied under sub. (4) (f) 2.
20may appeal the denial to the department. The department may grant the appeal
21notwithstanding the inconsistency of the application for approval with the political
22subdivision's planned residential or commercial development if the department
23determines that granting the appeal is consistent with the public interest.
SB185-SSA3,8,424 (c) Upon receiving an appeal under par. (b), the department shall notify the
25political subdivision. The political subdivision shall provide a certified copy of the

1record upon which it based its decision or enforcement action within 30 days after
2receiving notice. The department may request of the political subdivision any other
3relevant governmental records and, if requested, the political subdivision shall
4provide such records within 30 days after receiving the request.
SB185-SSA3,8,135 (d) The department may confine its review to the records it receives from the
6political subdivision or, if it finds that additional information would be relevant to
7its decision, expand the records it reviews. The department shall issue a decision
8within 90 days after the date on which it receives all of the records it requests under
9par. (c), unless for good cause the department extends this time period in writing.
10If the department determines that the political subdivision's decision or enforcement
11action does not comply with the rules it promulgates under s. 100.59 or is otherwise
12unreasonable, the political subdivision's decision shall be superseded by the
13department's decision and the department may order an appropriate remedy.
SB185-SSA3,8,1814 (e) In conducting a review under par. (d), the department may treat a political
15subdivision's determination that an application under sub. (4) (a) 1. is incomplete as
16a decision to disapprove the application if the department determines that a political
17subdivision has unreasonably withheld its determination that an application is
18complete.
SB185-SSA3,8,2519 (f) Judicial review is not available until the department issues its decision or
20order under par. (d). Judicial review shall be of the department's decision or order,
21not of the political subdivision's decision or enforcement action. The department's
22decision or order is subject to judicial review under ch. 227. Injunctive relief of the
23department's decision or order is available only in the manner that injunctive relief
24would have been available under s. 196.43 if the decision or order had been made by
25the public service commission.
SB185-SSA3, s. 9
1Section 9. 66.0401 (6) of the statutes is created to read:
SB185-SSA3,9,42 66.0401 (6) Applicability of a political subdivision or county ordinance. (a)
31. A county ordinance enacted under sub. (2) applies only to the towns in the county
4that have not enacted an ordinance under sub. (2).
SB185-SSA3,9,85 2. If a town enacts an ordinance under sub. (2) after a county has enacted an
6ordinance under sub. (2), the county ordinance does not apply, and may not be
7enforced, in the town, except that if the town later repeals its ordinance, the county
8ordinance applies in that town.
SB185-SSA3,9,109 (b) 1. Subject to subd. 2., a county ordinance enacted under sub. (4) applies only
10in the unincorporated parts of the county.
SB185-SSA3,9,1411 2. If a town enacts an ordinance under sub. (4), either before or after a county
12enacts an ordinance under sub. (4), the more restrictive terms of the 2 ordinances
13apply to the town, except that if the town later repeals its ordinance, the county
14ordinance applies in that town.
SB185-SSA3,9,1915 (c) If a political subdivision enacts an ordinance under sub. (4) (g) after the
16department's rules promulgated under s. 100.59 take effect, the political subdivision
17may not apply that ordinance to, or require approvals under that ordinance for, a
18wind energy system approved by the political subdivision under a previous ordinance
19or under a development agreement.
SB185-SSA3, s. 10 20Section 10. 66.0403 (1) (m) of the statutes is amended to read:
SB185-SSA3,9,2321 66.0403 (1) (m) "Wind energy system" means equipment and associated
22facilities
that converts convert and then stores store or transfers transfer energy
23from the wind into usable forms of energy.
SB185-SSA3, s. 11 24Section 11. 100.59 of the statutes is created to read:
SB185-SSA3,9,25 25100.59 Wind energy systems. (1) In this section:
SB185-SSA3,9,26
1(a) "Application for approval" has the meaning given in s. 66.0401 (1e) (a).
SB185-SSA3,10,52 (b) "Decommissioning" means removing wind turbines, buildings, cables,
3electrical components, roads, and any other facilities associated with a wind energy
4system that are located at the site of the wind energy system and restoring the site
5of the wind energy system.
SB185-SSA3,10,66 (c) "Political subdivision" means a city, village, town, or county.
SB185-SSA3,10,77 (d) "Wind energy system" has the meaning given in s. 66.0403 (1) (m).
SB185-SSA3,10,19 8(2) The department shall, with the advice of the wind siting council,
9promulgate rules that specify the restrictions a political subdivision may impose on
10the installation or use of a wind energy system consistent with the conditions
11specified in s. 66.0401 (1m) (a) to (c). The subject matter of these rules shall include
12setback requirements that provide reasonable protection from any health effects,
13including health effects from noise and shadow flicker, associated with wind energy
14systems. The subject matter of these rules shall also include decommissioning and
15may include visual appearance, lighting, electrical connections to the power grid,
16setback distances, maximum audible sound levels, shadow flicker, proper means of
17measuring noise, interference with radio, telephone, or television signals, or other
18matters. A political subdivision may not place a restriction on the installation or use
19of a wind energy system that is more restrictive than these rules.
SB185-SSA3,10,21 20(3) In addition to the rules under sub. (2), the department shall, with the advice
21of the wind siting council, promulgate rules that do all of the following:
SB185-SSA3,10,2422 (a) 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 sub. (2).
SB185-SSA3,11,2
1(b) Specify the information and documentation to be included in a political
2subdivision's record of decision under s. 66.0401 (4) (b).
SB185-SSA3,11,43 (c) Specify the procedure a political subdivision shall follow in reviewing an
4application for approval under s. 66.0401 (4).
SB185-SSA3,11,65 (d) Specify the requirements and procedures for a political subdivision to
6enforce the restrictions allowed under sub. (2).
SB185-SSA3,11,13 7(4) The department shall promulgate rules requiring the owner of a wind
8energy system with a nominal operating capacity of at least one megawatt to
9maintain proof of financial responsibility ensuring the availability of funds for
10decommissioning the wind energy system upon discontinuance of use of the wind
11energy system. The rules may require that the proof can be established by a bond,
12deposit, escrow account, irrevocable letter of credit, or other financial commitment
13specified by the department.
SB185-SSA3,11,22 14(5) The wind siting council shall survey the peer-reviewed scientific research
15regarding the health impacts of wind energy systems and study state and national
16regulatory developments regarding the siting of wind energy systems. No later than
17the first day of the 60th month beginning after the effective date of this subsection
18.... [LRB inserts date], and every 5 years thereafter, the wind siting council shall
19submit a report to the chief clerk of each house of the legislature, for distribution to
20the appropriate standing committees under s. 13.172 (3), describing the research and
21regulatory developments and including any recommendations of the council for
22legislation that is based on the research and regulatory developments.
SB185-SSA3, s. 12 23Section 12. 196.491 (3) (dg) of the statutes is created to read:
SB185-SSA3,12,424 196.491 (3) (dg) In making a determination under par. (d) that applies to a large
25electric generating facility, if the large electric generating facility is a wind energy

1system, as defined in s. 66.0403 (1) (m), the commission shall consider whether
2installation or use of the facility is consistent with the standards specified in the
3rules promulgated by the department of agriculture, trade and consumer protection
4under s. 100.59 (2).
SB185-SSA3, s. 13 5Section 13. Nonstatutory provisions.
SB185-SSA3,12,126 (1) Public hearings. The department of agriculture, trade and consumer
7protection shall hold at least 2 public hearings prior to promulgating the rules
8required under section 100.59 of the statutes, as created by this act. The department
9shall hold at least one of the hearings in Monroe County and at least one of the
10hearings in an area outside of Dane County and Monroe County in which developers
11have proposed wind energy systems, as defined in section 66.0403 (1) (m) of the
12statutes, as affected by this act.
SB185-SSA3,12,1313 (2) Wind siting council members.
SB185-SSA3,12,1614 (a) Notwithstanding the length of terms specified for the members of the wind
15siting council specified in section 15.137 (6) (b) of the statutes, as created by this act,
16the initial members shall be appointed for the following terms:
SB185-SSA3,12,18 171. One member specified under section 15.137 (6) (b) 1., 2., 3., 4., 5., 6., and 7.
18of the statutes, as created by this act, for terms expiring on July 1, 2012.
SB185-SSA3,12,20 192. The member specified under section 15.137 (6) (b) 8. of the statutes, as
20created by this act, for a term expiring on July 1, 2013.
SB185-SSA3,12,22 213. One member specified under section 15.137 (6) (b) 1., 2., 3., 4., 5., 6., and 7.
22of the statutes, as created by this act for terms that expire on July 1, 2014.
SB185-SSA3,13,323 (b) Notwithstanding section 15.137 (6) (b) 2. of the statutes, as created by this
24act, the initial member of the wind siting council specified under section 15.137 (6)
25(b) 2. of the statutes that is appointed under paragraph (a) 3 . shall represent a town

1or county that has in effect on the effective date of this paragraph an ordinance
2regulating wind energy systems, as defined in section 66.0403 (1) (m) of the statutes,
3as affected by this act.
SB185-SSA3,13,20 4(3) Department of natural resources study. The department of natural
5resources shall conduct a study to determine whether the department's statutory
6authority is sufficient to adequately protect wildlife and the environment from any
7adverse effect from the siting, construction, or operation of wind energy systems. In
8conducting the study, the department shall consider the authority of other state
9agencies and political subdivisions to regulate the environmental impact of wind
10energy systems, including the authority of the public service commission under
11section 196.491 (3) (d) 3. and 4. of the statutes and of political subdivisions under
12section 66.0401 (1m) and (4) (g) of the statutes, as affected by this act. On or before
13the first day of the 13th month beginning after the effective date of this subsection,
14the department shall submit a report containing the results of the study to the
15legislature in the manner provided under section 13.172 (2) of the statutes. If the
16department's study concludes that the department's statutory authority is not
17sufficient to adequately protect wildlife and the environment from any adverse effect
18from the siting, construction, or operation of wind energy systems, the report shall
19include recommendations to the legislature for a bill that provides the department
20with such authority.
SB185-SSA3, s. 14 21Section 14. Initial applicability.
SB185-SSA3,14,222 (1) The department of agriculture, trade and consumer protection review
23process for a political subdivision's decision or enforcement action under section
2466.0401 (5) of the statutes, as created by this act, first applies to a local decision or

1action that is issued or initiated after the department's rules under section 100.59
2of the statutes, as created by this act, take effect.
SB185-SSA3,14,73 (2) The treatment of section 196.491 (3) (dg) of the statutes, as created by this
4act, first applies to applications for certificates of public convenience and necessity
5that are received after the department of agriculture, trade and consumer
6protection's rules under section 100.59 of the statutes, as created by this act, take
7effect.
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