SB185-SSA1,9,1410 (f) Judicial review is not available until the commission issues its decision or
11order under par. (d). Judicial review shall be of the commission's decision or order,
12not of the political subdivision's decision or enforcement action. The commission's
13decision or order is subject to judicial review under ch. 227. Injunctive relief is
14available only as provided in s. 196.43.
SB185-SSA1, s. 8 15Section 8. 66.0401 (6) of the statutes is created to read:
SB185-SSA1,9,1816 66.0401 (6) Applicability of a county ordinance. (a) 1. A county ordinance
17enacted under sub. (2) applies only to the towns in the county that have not enacted
18an ordinance under sub. (2).
SB185-SSA1,9,2219 2. If a town enacts an ordinance under sub. (2) after a county has enacted an
20ordinance under sub. (2), the county ordinance does not apply, and may not be
21enforced, in the town, except that if the town later repeals its ordinance, the county
22ordinance applies in that town.
SB185-SSA1,9,2423 (b) 1. Subject to subd. 2., a county ordinance enacted under sub. (4) applies only
24in the unincorporated parts of the county.
SB185-SSA1,9,25
12. If a town enacts an ordinance under sub. (4), either before or after a county
2enacts an ordinance under sub. (4), the more restrictive terms of the 2 ordinances
3apply to the town, except that if the town later repeals its ordinance, the county
4ordinance applies in that town.
SB185-SSA1, s. 9 5Section 9. 66.0403 (1) (m) of the statutes is amended to read:
SB185-SSA1,10,86 66.0403 (1) (m) "Wind energy system" means equipment and associated
7facilities
that converts convert and then stores store or transfers transfer energy
8from the wind into usable forms of energy.
SB185-SSA1, s. 10 9Section 10. 196.378 (4) (title) of the statutes is repealed and recreated to read:
SB185-SSA1,10,1010 196.378 (4) (title) Renewable resource rules.
SB185-SSA1, s. 11 11Section 11. 196.378 (4g) of the statutes is created to read:
SB185-SSA1,10,1212 196.378 (4g) Wind siting rules. (a) In this subsection:
SB185-SSA1,10,1313 1. "Application for approval" has the meaning given in s. 66.0401 (1e) (a).
SB185-SSA1,10,1414 2. "Political subdivision" means a city, village, town, or county.
SB185-SSA1,10,1515 3. "Wind energy system" has the meaning given in s. 66.0403 (1) (m).
SB185-SSA1,10,2416 (b) The commission shall promulgate rules that specify the restrictions a
17political subdivision may impose on the installation or use of a wind energy system
18consistent with the conditions specified in s. 66.0401 (1m) (a) to (c). The subject
19matter of these rules may include visual appearance, lighting, electrical connections
20to the power grid, setback distances, maximum audible sound levels, shadow flicker,
21proper means of measuring noise, interference with radio, telephone, or television
22signals, decommissioning, or other matters. A political subdivision may not place a
23restriction on the installation or use of a wind energy system that is more restrictive
24than these rules.
SB185-SSA1,11,2
1(c) In addition to the rules under par. (b), the commission shall promulgate
2rules that do all of the following:
SB185-SSA1,11,53 1. Specify the information and documentation to be provided in an application
4for approval to demonstrate that a proposed wind energy system complies with rules
5promulgated under par. (b)
SB185-SSA1,11,76 2. Specify the information and documentation to be included in a political
7subdivision's record of decision under s. 66.0401 (4) (b).
SB185-SSA1,11,98 3. Specify the procedure a political subdivision shall follow in reviewing an
9application for approval under s. 66.0401 (4).
SB185-SSA1,11,1110 4. Specify the requirements and procedures for a political subdivision to enforce
11the restrictions allowed under par. (b).
SB185-SSA1, s. 12 12Section 12. 196.491 (3) (dg) of the statutes is created to read:
SB185-SSA1,11,1713 196.491 (3) (dg) In making a determination under par. (d) that applies to a large
14electric generating facility, if the large electric generating facility is a wind energy
15system, as defined in s. 66.0403 (1) (m), the commission shall consider whether
16installation or use of the facility is consistent with the standards specified in the
17rules promulgated by the commission under s. 196.378 (4g) (b).
SB185-SSA1, s. 13 18Section 13. Nonstatutory provisions.
SB185-SSA1,11,1919 (1) Advisory committee; public hearings.
SB185-SSA1,11,2020 (a) In this subsection:
SB185-SSA1,11,21 211. "Political subdivision" means a city, village, town, or county.
SB185-SSA1,11,23 222. "Wind energy system" has the meaning given in section 66.0403 (1) (m) of
23the statutes, as affected by this act.
SB185-SSA1,12,824 (b) Before the public service commission may promulgate the rules required
25under section 196.378 (4g) of the statutes, as created by this act, the commission shall

1establish an advisory committee under section 227.13 of the statutes, composed of
2a member of the University of Wisconsin faculty who offers expertise in the issues
3to be addressed by the advisory committee and representatives of wind energy
4system developers, political subdivisions, energy groups, environmental groups,
5realtors, landowners who live adjacent to or in the vicinity of wind energy systems
6and who have not received compensation by or on behalf of owners of, operators of,
7or developers of wind energy systems, and the public, to advise the commission on
8the rules.
SB185-SSA1,12,14 9(c) The public service commission shall hold at least 2 public hearings prior to
10promulgating the rules required under section 196.378 (4g) of the statutes, as
11created by this act. The public service commission shall hold at least one of the
12hearings in Monroe County and at least one of the hearings in an area outside of
13Dane County and Monroe County in which developers have proposed wind energy
14systems.
SB185-SSA1,13,6 15(2) Department of natural resources study. The department of natural
16resources shall conduct a study to determine whether the department's statutory
17authority is sufficient to adequately protect wildlife and the environment from any
18adverse effect from the siting, construction, or operation of wind energy systems. In
19conducting the study, the department shall consider the authority of other state
20agencies and political subdivisions to regulate the environmental impact of wind
21energy systems, including the authority of the public service commission under
22section 196.491 (3) (d) 3. and 4. of the statutes and of political subdivisions under
23section 66.0401 (1m) and (4) (g) of the statutes, as affected by this act. On or before
24the first day of the 13th month beginning after the effective date of this subsection,
25the department shall submit a report containing the results of the study to the

1legislature in the manner provided under section 13.172 (2) of the statutes. If the
2department's study concludes that the department's statutory authority is not
3sufficient to adequately protect wildlife and the environment from any adverse effect
4from the siting, construction, or operation of wind energy systems, the report shall
5include recommendations to the legislature for a bill that provides the department
6with such authority.
SB185-SSA1, s. 14 7Section 14. Initial applicability.
SB185-SSA1,13,128 (1) The public service commission review process for a political subdivision's
9decision or enforcement action under section 66.0401 (5) of the statutes, as created
10by this act, first applies to a local decision or action that is issued or initiated after
11the public service commission's rules under section 196.378 (4g) of the statutes, as
12created by this act, take effect.
SB185-SSA1,13,1613 (2) The treatment of section 196.491 (3) (dg) of the statutes, as created by this
14act, first applies to applications for certificates of public convenience and necessity
15that are received after the public service commission's rules under section 196.378
16(4g) of the statutes, as created by this act, take effect.
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