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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 165
April 10, 2023 - Introduced by Representatives BODDEN, BRANDTJEN, BROOKS,
ROZAR, SCHUTT, WICHGERS and BEHNKE, cosponsored by Senators JACQUE,
QUINN, STROEBEL and WANGGAARD. Referred to Committee on Energy and
Utilities.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 66.0401 (4) (f) 1.; to renumber and amend 66.0401 (4) (f) 2.;
and to amend 66.0401 (1m) (intro.), 66.0401 (4) (g), 66.0401 (5) (b) 3. and
196.378 (4g) (b) of the statutes; relating to: the regulation of wind energy
systems by local governments.
Analysis by the Legislative Reference Bureau
Current law limits the authority of a political subdivision to regulate solar and
wind energy systems. For both types of systems, current law prohibits a political
subdivision from imposing a restriction on the installation or use of the system
unless the restriction satisfies one of the following three conditions: 1) it serves to
preserve or protect the public health or safety; 2) it does not significantly increase
the cost of the system or significantly decrease the system's efficiency; or 3) it allows
for an alternative system of comparable cost and efficiency. However, for wind energy
systems, current law imposes an additional limitation on a political subdivision's
authority by prohibiting a restriction that is more restrictive than rules promulgated
by the Public Service Commission under current law. This bill allows a political
subdivision to impose a restriction on a wind energy system that is more restrictive
than the PSC rules, but only if the restriction satisfies one of the foregoing three
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ASSEMBLY BILL 165
conditions. The bill does not affect a political subdivision's authority regarding solar
energy systems.
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 A political
subdivision may place any a 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 political subdivision may place any
restriction, either directly, or in effect, a restriction 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
but only if the restriction satisfies one of the following conditions:
SECTION 2. 66.0401 (4) (f) 1. of the statutes is repealed.
SECTION 3. 66.0401 (4) (f) 2. of the statutes is renumbered 66.0401 (4) (f) and
amended to read:
66.0401 (4) (f) A political subdivision may deny an application for approval if
the proposed site of the wind energy system is in an area primarily designated for
future residential or commercial development, as shown in a map that is adopted,
as part of a comprehensive plan, under s. 66.1001 (2) (b) and (f), before June 2, 2009,
or as shown in such maps after December 31, 2015, as part of a comprehensive plan
that is updated as required under s. 66.1001 (2) (i). This subdivision paragraph
applies to a wind energy system that has a nominal capacity of at least one megawatt.
SECTION 4. 66.0401 (4) (g) of the statutes is amended to read:
66.0401 (4) (g) A political subdivision that chooses to regulate wind energy
systems shall enact an ordinance to do so, subject to sub. (6) (b), that is no. Subject
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ASSEMBLY BILL 165
to sub. (1m), the ordinance may be more restrictive than the applicable standards
established by the commission in rules promulgated under s. 196.378 (4g).
SECTION 5. 66.0401 (5) (b) 3. of the statutes is amended to read:
66.0401 (5) (b) 3. An applicant whose application for approval is denied under
sub. (4) (f) 2. may appeal the denial to the commission. The commission may grant
the appeal notwithstanding the inconsistency of the application for approval with
the political subdivision's planned residential or commercial development if the
commission determines that granting the appeal is consistent with the public
interest.
SECTION 6. 196.378 (4g) (b) of the statutes is amended to read:
196.378 (4g) (b) The commission shall, with the advice of the wind siting
council, promulgate rules that specify the restrictions a political subdivision may
impose on the installation or use of a wind energy system consistent with the
conditions specified in s. 66.0401 (1m) (a) to (c). The subject matter of these rules
shall include setback requirements that provide reasonable protection from any
health effects, including health effects from noise and shadow flicker, associated with
wind energy systems. The subject matter of these rules shall also include
decommissioning and may include visual appearance, lighting, electrical
connections to the power grid, setback distances, maximum audible sound levels,
shadow flicker, proper means of measuring noise, interference with radio, telephone,
or television signals, or other matters. A As provided in s. 66.0401 (1m), a political
subdivision may not place a restriction on the installation or use of a wind energy
system that is more restrictive than these rules.
SECTION 7.0Initial applicability.
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SECTION 7 ASSEMBLY BILL 165
(1) The treatment of s. 66.0401 (1m) (intro.) and (4) (g) first applies to an
ordinance that takes effect on the effective date of this subsection.
(END)
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