AB1063: Bill Text

LRB-0798/1

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1995 - 1996 LEGISLATURE

1995 Assembly BILL 1063

March 21, 1996 - Introduced by Representative Black, cosponsored by Senator Burke. Referred to Committee on Environment and Utilities.

AB1063,1,3 An Act to amend 196.491 (3) (d) 3. and 196.491 (3) (d) 4. of the statutes; relating to: proposed electric generating facility or transmission line air pollution stan dards.

Analysis by the Legislative Reference Bureau

Under present law, a public utility must obtain a certificate of public conve nience and necessity from the public service commission (PSC) before that utility may construct a large electric generating facility or a transmission line. In addition to other criteria, the PSC must consider environmental factors before deciding if the proposed facility or line is in the public interest. However, if a proposed facility meets air pollution control standards established by the department of natural resources, the PSC may not deny a certificate of public convenience or necessity because of the adverse impact the proposed facility may have on air quality. This bill repeals that condition.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1063, s. 1 Section 1. 196.491 (3) (d) 3. of the statutes is amended to read:

AB1063,2,3 196.491 (3) (d) 3. The design and location or route is in the public interest con sidering alternative sources of supply, alternative locations or routes, individual hardships, engineering, economic, safety, reliability and environmental factors. In its consideration of environmental factors, the commission may not determine that the design and location or route is not in the public interest because of the impact of air pollution if the proposed facility will meet the requirements of ss. 144.30 to 144.426.

AB1063, s. 2 Section 2. 196.491 (3) (d) 4. of the statutes is amended to read:

AB1063,2,11 196.491 (3) (d) 4. The proposed facility will not have undue adverse impact on other environmental values such as, but not limited to, ecological balance, public health and welfare, historic sites, geological formations, the aesthetics of land and water and recreational use. In its consideration of the impact on other environmen tal values, the commission may not determine that the proposed facility will have an undue adverse impact on these values because of the impact of air pollution if the proposed facility will meet the requirements of ss. 144.30 to 144.426.

AB1063,2,12 (End)