SB185,8,135 (d) The commission 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 commission 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 commission extends this time period in writing.
10If the commission determines that the political subdivision's decision or enforcement
11action does not comply with the rules it promulgates under s. 196.378 (4g) or is
12otherwise unreasonable, the political subdivision's decision shall be superseded by
13the commission's decision and the commission may order an appropriate remedy.
SB185,8,1614 (e) In conducting a review under par. (d), the commission may treat a political
15subdivision's determination that an application under sub. (4) (a) 1. is incomplete as
16a decision to disapprove the application.
SB185,8,2117 (f) Judicial review is not available until the commission issues its decision or
18order under par. (d). Judicial review shall be of the commission's decision or order,
19not of the political subdivision's decision or enforcement action. The commission's
20decision or order is subject to judicial review under ch. 227. Injunctive relief is
21available only as provided in s. 196.43.
SB185, s. 7 22Section 7. 66.0401 (6) of the statutes is created to read:
SB185,8,2523 66.0401 (6) Applicability of a county ordinance. (a) 1. A county ordinance
24enacted under sub. (2) applies only to the towns in the county that have not enacted
25an ordinance under sub. (2).
SB185,9,4
12. If a town enacts an ordinance under sub. (2) after a county has enacted an
2ordinance under sub. (2), the county ordinance does not apply, and may not be
3enforced, in the town, except that if the town later repeals its ordinance, the county
4ordinance applies in that town.
SB185,9,65 (b) 1. Subject to subd. 2., a county ordinance enacted under sub. (4) applies only
6in the unincorporated parts of the county.
SB185,9,107 2. If a town enacts an ordinance under sub. (4), either before or after a county
8enacts an ordinance under sub. (4), the more restrictive terms of the 2 ordinances
9apply to the town, except that if the town later repeals its ordinance, the county
10ordinance applies in that town.
SB185, s. 8 11Section 8. 66.0403 (1) (m) of the statutes is amended to read:
SB185,9,1412 66.0403 (1) (m) "Wind energy system" means equipment and associated
13facilities
that converts convert and then stores store or transfers transfer energy
14from the wind into usable forms of energy.
SB185, s. 9 15Section 9. 196.378 (4) (title) of the statutes is repealed and recreated to read:
SB185,9,1616 196.378 (4) (title) Renewable resource rules.
SB185, s. 10 17Section 10. 196.378 (4g) of the statutes is created to read:
SB185,9,1818 196.378 (4g) Wind siting rules. (a) In this subsection:
SB185,9,1919 1. "Application for approval" has the meaning given in s. 66.0401 (1e) (a).
SB185,9,2020 2. "Political subdivision" means a city, village, town, or county.
SB185,9,2121 3. "Wind energy system" has the meaning given in s. 66.0403 (1) (m).
SB185,9,2522 (b) The commission shall promulgate rules that specify the restrictions a
23political subdivision may impose on the installation or use of a wind energy system
24consistent with the conditions specified in s. 66.0401 (1m) (a) to (c). The subject
25matter of these rules may include visual appearance, lighting, electrical connections

1to the power grid, setback distances, maximum audible sound levels, shadow flicker,
2proper means of measuring noise, interference with radio, telephone, or television
3signals, decommissioning, or other matters. A political subdivision may not place a
4restriction on the installation or use of a wind energy system that is more restrictive
5than these rules.
SB185,10,76 (c) In addition to the rules under par. (b), the commission shall promulgate
7rules that do all of the following:
SB185,10,108 1. Specify the information and documentation to be provided in an application
9for approval to demonstrate that a proposed wind energy system complies with rules
10promulgated under par. (b)
SB185,10,1211 2. Specify the information and documentation to be included in a political
12subdivision's record of decision under s. 66.0401 (4) (b).
SB185,10,1413 3. Specify the procedure a political subdivision shall follow in reviewing an
14application for approval under s. 66.0401 (4).
SB185,10,1615 4. Specify the requirements and procedures for a political subdivision to enforce
16the restrictions allowed under par. (b).
SB185, s. 11 17Section 11. 196.491 (3) (dg) of the statutes is created to read:
SB185,10,2218 196.491 (3) (dg) In making a determination under par. (d) that applies to a large
19electric generating facility, if the large electric generating facility is a wind energy
20system, as defined in s. 66.0403 (1) (m), the commission shall consider whether
21installation or use of the facility is consistent with the restrictions specified in the
22rules promulgated by the commission under s. 196.378 (4g) (b).
SB185, s. 12 23Section 12. Nonstatutory provisions.
SB185,10,2424 (1) Advisory committee.
SB185,10,2525 (a) In this subsection:
SB185,11,1
11. "Political subdivision" means a city, village, town, or county.
SB185,11,3 22. "Wind energy system" has the meaning given in section 66.0403 (1) (m) of
3the statutes, as affected by this act.
SB185,11,114 (b) Before the public service commission may promulgate the rules required
5under section 196.378 (4g) of the statutes, as created by this act, the commission shall
6establish an advisory committee under section 227.13 of the statutes, composed of
7representatives of wind energy system developers, political subdivisions, energy
8groups, environmental groups, realtors, landowners who live adjacent to or in the
9vicinity of wind energy systems and who have not received compensation by or on
10behalf of owners, operators, or developers of wind energy systems, and the public, to
11advise the commission on the rules.
SB185, s. 13 12Section 13. Initial applicability.
SB185,11,1713 (1) The public service commission review process for a political subdivision's
14decision or enforcement action under section 66.0401 (5) of the statutes, as created
15by this act, first applies to a local decision or action that is issued or initiated after
16the public service commission's rules under section 196.378 (4g) of the statutes, as
17created by this act, take effect.
SB185,11,2118 (2) The treatment of section 196.491 (3) (dg) of the statutes, as created by this
19act, first applies to applications for certificates of public convenience and necessity
20that are received after the public service commission's rules under section 196.378
21(4g) of the statutes, as created by this act, take effect.
SB185,11,2222 (End)
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