Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB165 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 165
5	5	April 10, 2023 - Introduced by Representatives BODDEN, BRANDTJEN, BROOKS,
6	6	ROZAR, SCHUTT, WICHGERS and BEHNKE, cosponsored by Senators JACQUE,
7	7	QUINN, STROEBEL and WANGGAARD. Referred to Committee on Energy and
8	8	Utilities.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 66.0401 (4) (f) 1.; to renumber and amend 66.0401 (4) (f) 2.;
11	11	and to amend 66.0401 (1m) (intro.), 66.0401 (4) (g), 66.0401 (5) (b) 3. and
12	12	196.378 (4g) (b) of the statutes; relating to: the regulation of wind energy
13	13	systems by local governments.
14	14	Analysis by the Legislative Reference Bureau
15	15	Current law limits the authority of a political subdivision to regulate solar and
16	16	wind energy systems. For both types of systems, current law prohibits a political
17	17	subdivision from imposing a restriction on the installation or use of the system
18	18	unless the restriction satisfies one of the following three conditions: 1) it serves to
19	19	preserve or protect the public health or safety; 2) it does not significantly increase
20	20	the cost of the system or significantly decrease the system's efficiency; or 3) it allows
21	21	for an alternative system of comparable cost and efficiency. However, for wind energy
22	22	systems, current law imposes an additional limitation on a political subdivision's
23	23	authority by prohibiting a restriction that is more restrictive than rules promulgated
24	24	by the Public Service Commission under current law. This bill allows a political
25	25	subdivision to impose a restriction on a wind energy system that is more restrictive
26	26	than the PSC rules, but only if the restriction satisfies one of the foregoing three
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32	32	ASSEMBLY BILL 165
33	33	conditions. The bill does not affect a political subdivision's authority regarding solar
34	34	energy systems.
35	35	The people of the state of Wisconsin, represented in senate and assembly, do
36	36	enact as follows:
37	37	SECTION 1. 66.0401 (1m) (intro.) of the statutes is amended to read:
38	38	66.0401 (1m) AUTHORITY TO RESTRICT SYSTEMS LIMITED. (intro.) No A political
39	39	subdivision may place any a restriction, either directly or in effect, on the installation
40	40	or use of a wind energy system that is more restrictive than the rules promulgated
41	41	by the commission under s. 196.378 (4g) (b). No political subdivision may place any
42	42	restriction, either directly, or in effect, a restriction on the installation or use of a
43	43	solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, unless
44	44	but only if the restriction satisfies one of the following conditions:
45	45	SECTION 2. 66.0401 (4) (f) 1. of the statutes is repealed.
46	46	SECTION 3. 66.0401 (4) (f) 2. of the statutes is renumbered 66.0401 (4) (f) and
47	47	amended to read:
48	48	66.0401 (4) (f) A political subdivision may deny an application for approval if
49	49	the proposed site of the wind energy system is in an area primarily designated for
50	50	future residential or commercial development, as shown in a map that is adopted,
51	51	as part of a comprehensive plan, under s. 66.1001 (2) (b) and (f), before June 2, 2009,
52	52	or as shown in such maps after December 31, 2015, as part of a comprehensive plan
53	53	that is updated as required under s. 66.1001 (2) (i). This subdivision paragraph
54	54	applies to a wind energy system that has a nominal capacity of at least one megawatt.
55	55	SECTION 4. 66.0401 (4) (g) of the statutes is amended to read:
56	56	66.0401 (4) (g) A political subdivision that chooses to regulate wind energy
57	57	systems shall enact an ordinance to do so, subject to sub. (6) (b), that is no. Subject
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81	81	SECTION 4
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83	83	to sub. (1m), the ordinance may be more restrictive than the applicable standards
84	84	established by the commission in rules promulgated under s. 196.378 (4g).
85	85	SECTION 5. 66.0401 (5) (b) 3. of the statutes is amended to read:
86	86	66.0401 (5) (b) 3. An applicant whose application for approval is denied under
87	87	sub. (4) (f) 2. may appeal the denial to the commission. The commission may grant
88	88	the appeal notwithstanding the inconsistency of the application for approval with
89	89	the political subdivision's planned residential or commercial development if the
90	90	commission determines that granting the appeal is consistent with the public
91	91	interest.
92	92	SECTION 6. 196.378 (4g) (b) of the statutes is amended to read:
93	93	196.378 (4g) (b) The commission shall, with the advice of the wind siting
94	94	council, promulgate rules that specify the restrictions a political subdivision may
95	95	impose on the installation or use of a wind energy system consistent with the
96	96	conditions specified in s. 66.0401 (1m) (a) to (c). The subject matter of these rules
97	97	shall include setback requirements that provide reasonable protection from any
98	98	health effects, including health effects from noise and shadow flicker, associated with
99	99	wind energy systems. The subject matter of these rules shall also include
100	100	decommissioning and may include visual appearance, lighting, electrical
101	101	connections to the power grid, setback distances, maximum audible sound levels,
102	102	shadow flicker, proper means of measuring noise, interference with radio, telephone,
103	103	or television signals, or other matters. A As provided in s. 66.0401 (1m), a political
104	104	subdivision may not place a restriction on the installation or use of a wind energy
105	105	system that is more restrictive than these rules.
106	106	SECTION 7.0Initial applicability.
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132	132	SECTION 7 ASSEMBLY BILL 165
133	133	(1) The treatment of s. 66.0401 (1m) (intro.) and (4) (g) first applies to an
134	134	ordinance that takes effect on the effective date of this subsection.
135	135	(END)
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