LRB-5671/1
KSH:kaf&skg:jlb
1995 - 1996 LEGISLATURE
March 27, 1996 - Introduced by Senator Burke, cosponsored by Representative
Black. Referred to Committee on Environment and Energy.
SB662,1,3 1An Act to amend 196.491 (3) (d) 3. and 196.491 (3) (d) 4. of the statutes; relating
2to:
proposed electric generating facility or transmission line air pollution
3standards.
Analysis by the Legislative Reference Bureau
Under present law, a public utility must obtain a certificate of public
convenience 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:
SB662, s. 1 4Section 1. 196.491 (3) (d) 3. of the statutes is amended to read:
SB662,2,35 196.491 (3) (d) 3. The design and location or route is in the public interest
6considering alternative sources of supply, alternative locations or routes, individual
7hardships, engineering, economic, safety, reliability and environmental factors. In
8its consideration of environmental factors, the commission may not determine that

1the design and location or route is not in the public interest because of the impact of
2air pollution if the proposed facility will meet the requirements of ss. 144.30 to
3144.426.
SB662, s. 2 4Section 2. 196.491 (3) (d) 4. of the statutes is amended to read:
SB662,2,115 196.491 (3) (d) 4. The proposed facility will not have undue adverse impact on
6other environmental values such as, but not limited to, ecological balance, public
7health and welfare, historic sites, geological formations, the aesthetics of land and
8water and recreational use. In its consideration of the impact on other
9environmental values, the commission may not determine that the proposed facility
10will have an undue adverse impact on these values because of the impact of air
11pollution if the proposed facility will meet the requirements of ss. 144.30 to 144.426.
SB662,2,1212 (End)
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