SB544: Bill Text

SB544,5,7 (e) A political subdivision may extend the time period in par. (d) if, within that 90-day period, the political subdivision authorizes the extension in writing. Any combination of the following extensions may be granted, except that the total amount of time for all extensions granted under this paragraph may not exceed 90 days:

SB544,5,9 1. An extension of up to 45 days if the political subdivision needs additional information to determine whether to approve or deny the application for approval.

SB544,5,11 2. An extension of up to 90 days if the applicant makes a material modification to the application for approval.

SB544,5,13 3. An extension of up to 90 days for other good cause specified in writing by the political subdivision.

SB544,5,16 (f) 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 rules the commission promulgates under s. 196.378 (4g) (b).

SB544,5,19 (g) A political subdivision that chooses to regulate wind energy systems shall enact an ordinance, subject to sub. (6) (b), that is consistent with the applicable standards established by the commission in rules promulgated under s. 196.378 (4g).

SB544, s. 6 Section 6. 66.0401 (5) of the statutes is created to read:

SB544,5,23 66.0401 (5) Public service commission review. (a) The decision of a political subdivision to approve, reject, or impose a restriction upon a large wind energy system may be appealed only as provided in this subsection.

SB544,6,5 (b) 1. Any aggrieved person seeking to appeal a decision of a political subdivision to approve, reject, or impose a restriction upon a large wind energy system may begin the political subdivision's administrative review process. If the person is still aggrieved after the administrative review is completed, the person may file an appeal with the commission. No appeal to the commission under this subdivision may be filed later than 30 days after the political subdivision has completed its administrative review process.

SB544,6,11 2. Rather than beginning an administrative review under subd. 1., an aggrieved person seeking to appeal a decision of a political subdivision to approve, reject, or impose a restriction upon a large wind energy system may file an appeal directly with the commission. No appeal to the commission under this subdivision may be filed later than 30 days after the decision of the political subdivision to approve, reject, or impose a restriction upon the large wind energy system.

SB544,6,15 (c) Upon receiving an appeal under par. (b), the commission shall notify the political subdivision. The political subdivision shall provide a certified copy of the record upon which it based its decision, and of any other relevant governmental records the commission may request, within 30 days after receiving notice.

SB544,6,24 (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 record 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 does not comply with the 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.

SB544,7,4 (e) Judicial review is not available until the commission issues its decision under par. (d). Judicial review shall be of the commission's decision, not of the political subdivision's decision. The commission's decision is subject to judicial review under ch. 227. Injunctive relief is available only as provided in s. 196.43.

SB544, s. 7 Section 7. 66.0401 (6) of the statutes is created to read:

SB544,7,8 66.0401 (6) Applicability of a county ordinance. (a) 1. A county ordinance enacted under sub. (2) applies only to the towns in the county that have not enacted an ordinance under sub. (2).

SB544,7,12 2. If a town enacts an ordinance under sub. (2) after a county has enacted an ordinance under sub. (2), the county ordinance does not apply, and may not be enforced, in the town, except that if the town later repeals its ordinance, the county ordinance applies in that town.

SB544,7,14 (b) 1. Subject to subd. 2., a county ordinance enacted under sub. (4) applies only in the unincorporated parts of the county.

SB544,7,18 2. If a town enacts an ordinance under sub. (4), either before or after a county enacts an ordinance under sub. (4), the more restrictive terms of the 2 ordinances apply to the town, except that if the town later repeals its ordinance, the county ordinance applies in that town.

SB544, s. 8 Section 8. 196.378 (4) (title) of the statutes is repealed and recreated to read:

SB544,7,20 196.378 (4) (title) Renewable resource rules.

SB544, s. 9 Section 9. 196.378 (4g) of the statutes is created to read:

SB544,7,22 196.378 (4g) Wind siting rules. (a) In this subsection:

SB544,7,23 1. "Application for approval" has the meaning given in s. 66.0401 (1e) (a).

SB544,7,24 2. "Political subdivision" means a city, village, town, or county.

SB544,7,25 3. "Wind energy system" has the meaning given in s. 66.0403 (1) (m).

SB544,8,8 (b) The commission shall promulgate rules that specify the restrictions a political subdivision may impose on the installation or use of a wind energy system. The subject matter of these rules may include visual appearance, lighting, electrical connections to the power grid, setback distances, maximum audible sound levels, proper means of measuring noise, interference with radio, telephone, or television signals, decommissioning, or matters consistent with the conditions specified in s. 66.0401 (1m) (a) to (c). A political subdivision may not place a restriction on the installation or use of a wind energy system that is more restrictive than these rules.

SB544,8,10 (c) In addition to the rules under par. (b), the commission shall promulgate rules that do all of the following:

SB544,8,13 1. Specify the information and documentation to be provided in an application for approval to demonstrate that a proposed wind energy system complies with rules promulgated under par. (b)

SB544,8,15 2. Specify the information and documentation to be included in a political subdivision's record of decision under s. 66.0401 (4) (b).

SB544,8,17 3. Specify the procedure a political subdivision shall follow in reviewing an application for approval under s. 66.0401 (4).

SB544, s. 10 Section 10. Initial applicability.

SB544,8,22 (1) The public service commission review process for a political subdivision's decision under section 66.0401 (5) of the statutes first applies to a local decision that is issued after the public service commission's rules under section 196.378 (4g) of the statutes take effect.

SB544,8,23 (End)