Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1169 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1169
5	5	March 22, 2024 - Introduced by Representatives SCHUTT, BODDEN, BEHNKE,
6	6	GOEBEN, GREEN, GUNDRUM, HURD, KRUG, MAXEY, MURSAU, PENTERMAN,
7	7	RETTINGER, SCHMIDT, TRANEL, WICHGERS and EDMING, cosponsored by Senators
8	8	TOMCZYK, FELZKOWSKI, JACQUE, MARKLEIN and WANGGAARD. Referred to
9	9	Committee on Energy and Utilities.
10	10	AN ACT to amend 66.0401 (1m) (intro.); and to create 66.0401 (1r), 66.0401 (4)
11	11	(h), 196.49 (4m) and 196.491 (3) (d) 9. of the statutes; relating to: requiring
12	12	local approval for certain wind and solar projects before Public Service
13	13	Commission approval.
14	14	Analysis by the Legislative Reference Bureau
15	15	Current law prohibits a person from beginning construction of a large electric
16	16	generating facility (LEGF) unless the Public Service Commission grants a certificate
17	17	of public convenience and necessity (CPCN) for the proposed facility. An LEGF is
18	18	defined as a facility with a nominal operating capacity of 100 megawatts or more. In
19	19	addition, a public utility may not engage in certain construction, expansion, or other
20	20	projects unless PSC grants a certificate of authority (CA) for the proposed project.
21	21	The bill defines a “solar project” and “wind project” as an area of land on which,
22	22	respectively, solar photovoltaic panels or devices used for collecting wind energy,
23	23	along with any associated equipment and facilities, are installed in order to generate
24	24	electricity, and which altogether is designed for nominal operation at a capacity of
25	25	15 megawatts or more.
26	26	Under this bill, before the PSC may approve a CA or a CPCN for the
27	27	construction of a solar project or wind project, the person seeking the certificate must
28	28	seek approval from each city, village, and town in which the solar project or wind
29	29	project is to be located. The bill requires a city, village, or town to approve or
30	30	disapprove a proposed solar project or wind project by adopting a resolution to that
31	31	effect no later than 90 days receiving a request for such approval. If the city, village,
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38	38	or town fails to act within that time period, the project is considered approved. The
39	39	bill allows this deadline to be extended for certain reasons. Current law limits the
40	40	authority of political subdivisions to regulate solar and wind energy systems,
41	41	allowing political subdivisions to impose restrictions only if they meet certain
42	42	conditions. The bill provides that those limitations do not apply to the approval or
43	43	disapproval of a solar project or a wind project by a city, town, or village. Current law
44	44	also imposes procedures for political subdivisions that receive applications for
45	45	approval relating to wind energy systems. Those procedures do not apply to approval
46	46	or disapproval of a wind project under the bill.
47	47	Under the bill, PSC may not issue a CPCN or CA for a solar project or wind
48	48	project unless each city, village, and town in which the project is proposed to be
49	49	located has adopted a resolution approving the project.
50	50	The people of the state of Wisconsin, represented in senate and assembly, do
51	51	enact as follows:
52	52	SECTION 1. 66.0401 (1m) (intro.) of the statutes is amended to read:
53	53	66.0401 (1m) AUTHORITY TO RESTRICT SYSTEMS LIMITED. (intro.) No Except as
54	54	provided in sub. (1r), no political subdivision may place any restriction, either
55	55	directly or in effect, on the installation or use of a wind energy system that is more
56	56	restrictive than the rules promulgated by the commission under s. 196.378 (4g) (b).
57	57	No Except as provided in sub. (1r), no political subdivision may place any restriction,
58	58	either directly or in effect, on the installation or use of a solar energy system, as
59	59	defined in s. 13.48 (2) (h) 1. g., or a wind energy system, unless the restriction satisfies
60	60	one of the following conditions:
61	61	SECTION 2. 66.0401 (1r) of the statutes is created to read:
62	62	66.0401 (1r) AUTHORITY TO APPROVE OR REJECT CERTAIN WIND OR SOLAR PROJECTS.
63	63	(a) In this subsection:
64	64	1. “Municipality” means a city, village, or town.
65	65	2. “Solar project” means an area of land on which solar photovoltaic panels or
66	66	other devices used for collecting solar energy and any associated equipment and
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84	84	SECTION 2
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86	86	facilities are installed in order to generate electricity, and which altogether is
87	87	designed for nominal operation at a capacity of 15 megawatts or more.
88	88	3. “Wind project” means an area of land on which devices used for collecting
89	89	wind energy and any associated equipment and facilities are installed in order to
90	90	generate electricity, and which altogether is designed for nominal operation at a
91	91	capacity of 15 megawatts or more.
92	92	(b) Before the commission may approve a certificate of authority under s.
93	93	196.49 or a certificate of public convenience and necessity under s. 196.491 (3) to
94	94	construct a solar project or wind project, the person seeking the certificate shall seek
95	95	approval from each municipality in which the solar project or wind project is to be
96	96	located.
97	97	(c) Notwithstanding sub. (4), a municipality shall, except as provided under
98	98	par. (d), approve or disapprove a proposed solar project or wind project by adopting
99	99	a resolution to that effect no later than 90 days after the person seeking approval
100	100	submits the request for such approval. If a municipality fails to act within the 90
101	101	days, or within any extended time period established under par. (d), the solar project
102	102	or wind project is considered approved.
103	103	(d) A municipality may extend the time period under par. (c) if, within that
104	104	90-day period, the municipality authorizes the extension in writing. Any
105	105	combination of the following extensions may be granted, except that the total amount
106	106	of time for all extensions granted under this paragraph may not exceed 90 days:
107	107	1. An extension of up to 45 days if the municipality needs additional
108	108	information to determine whether to approve or deny the request for approval.
109	109	2. An extension of up to 90 days if the requester makes a material modification
110	110	to the request for approval.
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137	137	SECTION 2 ASSEMBLY BILL 1169
138	138	3. An extension of up to 90 days for other good cause specified in writing by the
139	139	municipality.
140	140	(e) The limitations of authority under s. 66.0401 (1m) do not apply to requests
141	141	for approval of a solar project or wind project by a municipality under this subsection.
142	142	SECTION 3. 66.0401 (4) (h) of the statutes is created to read:
143	143	66.0401 (4) (h) This subsection does not apply to requests for approval of a wind
144	144	project under sub. (1r).
145	145	SECTION 4. 196.49 (4m) of the statutes is created to read:
146	146	196.49 (4m) The commission may not issue a certificate under sub. (1), (2), or
147	147	(3) for the construction of a solar project, as defined in s. 66.0401 (1r) (a) 2., or a wind
148	148	project, as defined in s. 66.0401 (1r) (a) 3., unless each city, village, or town in which
149	149	the project is proposed to be located has adopted a resolution approving the project
150	150	under s. 66.0401.
151	151	SECTION 5. 196.491 (3) (d) 9. of the statutes is created to read:
152	152	196.491 (3) (d) 9. For a facility that is a solar project, as defined in s. 66.0401
153	153	(1r) (a) 2., or a wind project, as defined in s. 66.0401 (1r) (a) 3., each city, village, or
154	154	town in which the project is proposed to be located has adopted a resolution
155	155	approving the project under s. 66.0401.
156	156	(END)
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