Amendment AA2-AB253

LRBa1691/1

MDK:cjs:rs

2011 - 2012 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO 2011 ASSEMBLY BILL 253

October 20, 2011 - Offered by Representatives Barca, Seidel, Sinicki, Pasch, Richards, Pope-Roberts, Vruwink, Hulsey, Hebl, C. Taylor, Bernard Schaber, Jorgensen, Doyle, Bewley, Kessler, Clark, Steinbrink, Mason, E. Coggs, Zamarripa, Roys and Berceau.

AB253-AA2,1,1 At the locations indicated, amend the bill as follows:

AB253-AA2,1,3 1. Page 1, line 3: after "highways" insert "and the regulation of wind energy systems".

AB253-AA2,1,4 2. Page 2, line 1: before that line insert:

AB253-AA2,1,5 " Section 1b. 66.0401 (1e) (a) of the statutes is amended to read:

AB253-AA2,1,8 66.0401 (1e) (a) "Application for approval" means an application for approval of a wind energy system under the wind energy system rules promulgated by the commission under s. 196.378 (4g) (c) 1.

AB253-AA2, s. 1d Section 1d. 66.0401 (1e) (e) of the statutes is created to read:

AB253-AA2,1,11 66.0401 (1e) (e) "Wind energy system rules" has the meaning given in s. 196.378 (4g) (a) 5.

AB253-AA2, s. 1e Section 1e. 66.0401 (1m) (intro.) of the statutes is amended to read:

AB253-AA2,2,7 66.0401 (1m) Authority to restrict systems limited. (intro.) No political subdivision may place any restriction, either directly or in effect, on the installation or use of a wind energy system that is more restrictive than the wind energy system rules promulgated by the commission under s. 196.378 (4g) (b). No political subdivision may place any restriction, either directly or in effect, on the installation or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, unless the restriction satisfies one of the following conditions:

AB253-AA2, s. 1f Section 1f. 66.0401 (4) (b) of the statutes is amended to read:

AB253-AA2,2,14 66.0401 (4) (b) A political subdivision shall make a record of its decision making on an application for approval, including a recording of any public hearing, copies of documents submitted at any public hearing, and copies of any other documents provided to the political subdivision in connection with the application for approval. The political subdivision's record shall conform to the commission's wind energy system rules promulgated under s. 196.378 (4g) (c) 2.

AB253-AA2, s. 1g Section 1g. 66.0401 (4) (c) of the statutes is amended to read:

AB253-AA2,2,20 66.0401 (4) (c) A political subdivision shall base its decision on an application for approval on written findings of fact that are supported by the evidence in the record under par. (b). A political subdivision's procedure for reviewing the application for approval shall conform to the commission's wind energy system rules promulgated under s. 196.378 (4g) (c) 3.

AB253-AA2, s. 1i Section 1i. 66.0401 (4) (f) 1. of the statutes is amended to read:

AB253-AA2,2,25 66.0401 (4) (f) 1. Except as provided in subd. 2., a political subdivision may not deny or impose a restriction on an application for approval unless the political subdivision enacts an ordinance that is no more restrictive than the wind energy system rules the commission promulgates under s. 196.378 (4g) (b).

AB253-AA2, s. 1j Section 1j. 66.0401 (4) (g) of the statutes is amended to read:

AB253-AA2,3,5 66.0401 (4) (g) A political subdivision that chooses to regulate wind energy systems shall enact an ordinance, subject to sub. (6) (b), that is no more restrictive than the applicable standards established by the commission in the wind energy system rules promulgated under s. 196.378 (4g).

AB253-AA2, s. 1L Section 1L. 66.0401 (5) (d) of the statutes is amended to read:

AB253-AA2,3,16 66.0401 (5) (d) The commission may confine its review to the records it receives from the political subdivision or, if it finds that additional information would be relevant to its decision, expand the records it reviews. The commission shall issue a decision within 90 days after the date on which it receives all of the records it requests under par. (c), unless for good cause the commission extends this time period in writing. If the commission determines that the political subdivision's decision or enforcement action does not comply with the wind energy system rules it promulgates under s. 196.378 (4g) or is otherwise unreasonable, the political subdivision's decision shall be superseded by the commission's decision and the commission may order an appropriate remedy.

AB253-AA2, s. 1n Section 1n. 66.0401 (6) (c) of the statutes is amended to read:

AB253-AA2,3,23 66.0401 (6) (c) If a political subdivision enacts an ordinance under sub. (4) (g) after the commission's rules promulgated under s. 196.378 (4g) take effect effective date of this paragraph .... [LRB inserts date], the political subdivision may not apply that ordinance to, or require approvals under that ordinance for, a wind energy system approved by the political subdivision under a previous ordinance or under a development agreement.

AB253-AA2, s. 1p Section 1p. 196.378 (4g) (a) 5. of the statutes is created to read:

AB253-AA2,4,2 196.378 (4g) (a) 5. "Wind energy system rules" means the final rules created as ch. PSC 128, Wis. Adm. Code by order of the commission dated December 27, 2010.

AB253-AA2, s. 1r Section 1r. 196.378 (4g) (b) of the statutes is amended to read:

AB253-AA2,4,17 196.378 (4g) (b) The commission shall, with the advice of the wind siting council, promulgate rules that specify the restrictions a political subdivision may impose on the installation or use of a wind energy system consistent with the conditions specified in s. 66.0401 (1m) (a) to (c). The subject matter of these rules shall include setback requirements that provide reasonable protection from any health effects, including health effects from noise and shadow flicker, associated with wind energy systems. The subject matter of these rules shall also include decommissioning and may include visual appearance, lighting, electrical connections to the power grid, setback distances, maximum audible sound levels, shadow flicker, proper means of measuring noise, interference with radio, telephone, or television signals, or other matters. The commission shall administer and enforce the wind energy system rules. A political subdivision may not place a restriction on the installation or use of a wind energy system that is more restrictive than these the wind energy system rules.

AB253-AA2, s. 1t Section 1t. 196.378 (4g) (c) of the statutes is repealed.

AB253-AA2, s. 1v Section 1v. 196.378 (4g) (d) of the statutes is repealed.

AB253-AA2, s. 1x Section 1x. 196.491 (3) (dg) of the statutes is amended to read:

AB253-AA2,5,2 196.491 (3) (dg) In making a determination under par. (d) that applies to a large electric generating facility, if the large electric generating facility is a wind energy system, as defined in s. 66.0403 (1) (m), the commission shall consider whether installation or use of the facility is consistent with the standards specified in the wind energy system rules promulgated by the commission under, as defined in s. 196.378 (4g) (b) (a) 5.".

AB253-AA2,5,3 3. Page 2, line 1: delete " 1" and substitute "1z".

AB253-AA2,5,6 4. Page 3, line 1: delete "This act first applies" and substitute "The repeal of section 348.27 (5) (title) of the statutes and the renumbering and amendment of section 348.27 (5) of the statutes first apply".

AB253-AA2,5,7 (End)