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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1169
March 22, 2024 - Introduced by Representatives SCHUTT, BODDEN, BEHNKE,
GOEBEN, GREEN, GUNDRUM, HURD, KRUG, MAXEY, MURSAU, PENTERMAN,
RETTINGER, SCHMIDT, TRANEL, WICHGERS and EDMING, cosponsored by Senators
TOMCZYK, FELZKOWSKI, JACQUE, MARKLEIN and WANGGAARD. Referred to
Committee on Energy and Utilities.
AN ACT to amend 66.0401 (1m) (intro.); and to create 66.0401 (1r), 66.0401 (4)
(h), 196.49 (4m) and 196.491 (3) (d) 9. of the statutes; relating to: requiring
local approval for certain wind and solar projects before Public Service
Commission approval.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from beginning construction of a large electric
generating facility (LEGF) unless the Public Service Commission grants a certificate
of public convenience and necessity (CPCN) for the proposed facility. An LEGF is
defined as a facility with a nominal operating capacity of 100 megawatts or more. In
addition, a public utility may not engage in certain construction, expansion, or other
projects unless PSC grants a certificate of authority (CA) for the proposed project.
The bill defines a “solar project” and “wind project” as an area of land on which,
respectively, solar photovoltaic panels or devices used for collecting wind energy,
along with any associated equipment and facilities, are installed in order to generate
electricity, and which altogether is designed for nominal operation at a capacity of
15 megawatts or more.
Under this bill, before the PSC may approve a CA or a CPCN for the
construction of a solar project or wind project, the person seeking the certificate must
seek approval from each city, village, and town in which the solar project or wind
project is to be located. The bill requires a city, village, or town to approve or
disapprove a proposed solar project or wind project by adopting a resolution to that
effect no later than 90 days receiving a request for such approval. If the city, village,
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or town fails to act within that time period, the project is considered approved. The
bill allows this deadline to be extended for certain reasons. Current law limits the
authority of political subdivisions to regulate solar and wind energy systems,
allowing political subdivisions to impose restrictions only if they meet certain
conditions. The bill provides that those limitations do not apply to the approval or
disapproval of a solar project or a wind project by a city, town, or village. Current law
also imposes procedures for political subdivisions that receive applications for
approval relating to wind energy systems. Those procedures do not apply to approval
or disapproval of a wind project under the bill.
Under the bill, PSC may not issue a CPCN or CA for a solar project or wind
project unless each city, village, and town in which the project is proposed to be
located has adopted a resolution approving the project.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 66.0401 (1m) (intro.) of the statutes is amended to read:
66.0401 (1m) AUTHORITY TO RESTRICT SYSTEMS LIMITED. (intro.) No Except as
provided in sub. (1r), no political subdivision may place any restriction, either
directly or in effect, on the installation or use of a wind energy system that is more
restrictive than the rules promulgated by the commission under s. 196.378 (4g) (b).
No Except as provided in sub. (1r), no political subdivision may place any restriction,
either directly or in effect, on the installation or use of a solar energy system, as
defined in s. 13.48 (2) (h) 1. g., or a wind energy system, unless the restriction satisfies
one of the following conditions:
SECTION 2. 66.0401 (1r) of the statutes is created to read:
66.0401 (1r) AUTHORITY TO APPROVE OR REJECT CERTAIN WIND OR SOLAR PROJECTS.
(a) In this subsection:
1. “Municipality” means a city, village, or town.
2. “Solar project” means an area of land on which solar photovoltaic panels or
other devices used for collecting solar energy and any associated equipment and
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facilities are installed in order to generate electricity, and which altogether is
designed for nominal operation at a capacity of 15 megawatts or more.
3. “Wind project” means an area of land on which devices used for collecting
wind energy and any associated equipment and facilities are installed in order to
generate electricity, and which altogether is designed for nominal operation at a
capacity of 15 megawatts or more.
(b) Before the commission may approve a certificate of authority under s.
196.49 or a certificate of public convenience and necessity under s. 196.491 (3) to
construct a solar project or wind project, the person seeking the certificate shall seek
approval from each municipality in which the solar project or wind project is to be
located.
(c) Notwithstanding sub. (4), a municipality shall, except as provided under
par. (d), approve or disapprove a proposed solar project or wind project by adopting
a resolution to that effect no later than 90 days after the person seeking approval
submits the request for such approval. If a municipality fails to act within the 90
days, or within any extended time period established under par. (d), the solar project
or wind project is considered approved.
(d) A municipality may extend the time period under par. (c) if, within that
90-day period, the municipality 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:
1. An extension of up to 45 days if the municipality needs additional
information to determine whether to approve or deny the request for approval.
2. An extension of up to 90 days if the requester makes a material modification
to the request for approval.
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SECTION 2 ASSEMBLY BILL 1169
3. An extension of up to 90 days for other good cause specified in writing by the
municipality.
(e) The limitations of authority under s. 66.0401 (1m) do not apply to requests
for approval of a solar project or wind project by a municipality under this subsection.
SECTION 3. 66.0401 (4) (h) of the statutes is created to read:
66.0401 (4) (h) This subsection does not apply to requests for approval of a wind
project under sub. (1r).
SECTION 4. 196.49 (4m) of the statutes is created to read:
196.49 (4m) The commission may not issue a certificate under sub. (1), (2), or
(3) for the construction of a solar project, as defined in s. 66.0401 (1r) (a) 2., or a wind
project, as defined in s. 66.0401 (1r) (a) 3., unless each city, village, or town in which
the project is proposed to be located has adopted a resolution approving the project
under s. 66.0401.
SECTION 5. 196.491 (3) (d) 9. of the statutes is created to read:
196.491 (3) (d) 9. For a facility that is a solar project, as defined in s. 66.0401
(1r) (a) 2., or a wind project, as defined in s. 66.0401 (1r) (a) 3., each city, village, or
town in which the project is proposed to be located has adopted a resolution
approving the project under s. 66.0401.
(END)
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