Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB46 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 46
5	5	February 20, 2023 - Introduced by Representatives PLUMER, MURSAU, BEHNKE,
6	6	BODDEN, MURPHY, O'CONNOR and SCHRAA, cosponsored by Senators BALLWEG,
7	7	FELZKOWSKI and MARKLEIN. Referred to Committee on Energy and Utilities.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to create 66.0401 (7), 196.378 (1) (e), 196.378 (4j), 196.491 (1) (h) and
10	10	196.491 (3) (a) 4. of the statutes; relating to: requiring notice to political
11	11	subdivisions and landowners regarding proposed large solar energy facilities,
12	12	requirements for applying for certificates for large solar electric generating
13	13	facilities, joint development agreements related to large solar electric
14	14	generating facilities, and granting rule-making authority.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill requires a person, including a representative of a developer or other
17	17	company, who seeks to purchase or lease land for the purpose of developing certain
18	18	large solar electric generating facilities to provide notice to any political subdivision
19	19	in which the land is located of the person's interest in purchasing or leasing land for
20	20	this purpose at least 30 days before the person contacts the landowner about the
21	21	purchase or lease. The bill defines a political subdivision as a city, village, town, or
22	22	county. The person must also provide written notice to the landowner and any other
23	23	landowners located within one mile of that land.
24	24	Under current law, a person seeking to construct a large electric generating
25	25	facility, specifically a facility designed with an electric generating capacity of at least
26	26	100 megawatts, must obtain a certificate of public convenience and necessity (CPCN)
27	27	from the Public Service Commission. The bill provides that at least 45 days before
28	28	a person files a CPCN application with PSC for certain large solar electric generating
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37	37	facilities, the person must submit a written notice indicating the person's interest in
38	38	entering into a joint development agreement (JDA) with each political subdivision
39	39	in which the proposed facility would be located. In addition, during the 45 days
40	40	immediately after providing that written notice the person must make a good faith
41	41	effort to negotiate a joint development agreement with each political subdivision in
42	42	which the proposed facility would be located.
43	43	Under the bill, each political subdivision considering a JDA must make a record
44	44	of its decision-making process, including a record of any public hearing, copies of
45	45	documents submitted at any public hearing, and copies of any other documents
46	46	provided to the political subdivision in connection with the proposed JDA. The bill
47	47	specifies that a political subdivision's authority to enter a JDA is subject to current
48	48	law restrictions that prohibit a city, village, town, or county from placing any
49	49	restriction, either directly or in effect, on the installation or use of a solar energy
50	50	system unless the restriction: 1) serves to preserve or protect the public health or
51	51	safety; 2) does not significantly increase the cost of the system or significantly
52	52	decrease its efficiency; or 3) allows for an alternative system of comparable cost and
53	53	efficiency. The bill requires that the parties to a JDA must ensure that the agreement
54	54	is consistent with rules promulgated by PSC that establish subject matter that a JDA
55	55	must address, and further requires that the political subdivision must base its
56	56	decision regarding the provisions of a JDA on written findings of fact that are
57	57	supported by the evidence in the record.
58	58	For further information see the state and local fiscal estimate, which will be
59	59	printed as an appendix to this bill.
60	60	The people of the state of Wisconsin, represented in senate and assembly, do
61	61	enact as follows:
62	62	SECTION 1. 66.0401 (7) of the statutes is created to read:
63	63	66.0401 (7) LARGE SOLAR ELECTRIC GENERATING FACILITIES. (a) In this section:
64	64	1. “Large solar electric generating facility" has the meaning given in s. 196.491
65	65	(1) (h).
66	66	2. “Political subdivision” means a city, village, town, or county.
67	67	(b) At least 30 days before a person, including a representative of a developer
68	68	or other company, contacts a landowner for the purpose of purchasing or leasing land
69	69	to develop a large solar electric generating facility, the person shall provide written
70	70	notice of the person's interest in purchasing or leasing the land for the purposes of
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82	82	SECTION 1
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84	84	constructing a large solar electric generating facility. The person shall provide
85	85	written notice to all of the following:
86	86	1. The landowner.
87	87	2. Each political subdivision in which the land is located.
88	88	3. Each landowner located within one mile of the land that the person is seeking
89	89	to purchase or lease.
90	90	(c) A person providing notice to landowners under par. (b) shall include in the
91	91	notice the name of the person seeking to purchase or lease land and specify that the
92	92	person will be seeking to purchase or lease land within the area for the purposes of
93	93	constructing a large solar electric generating facility.
94	94	(d) Before a person submits an application for a certificate of public convenience
95	95	and necessity for a large solar electric generating facility as required under s.
96	96	196.491 (3), the person shall submit a written notice indicating the person's interest
97	97	in entering into a joint development agreement to each political subdivision in which
98	98	the proposed facility would be located and shall make a good faith effort during the
99	99	immediately following 45 days to negotiate a joint development agreement with each
100	100	political subdivision.
101	101	(e) Each political subdivision considering a joint development agreement under
102	102	this subsection must make a record of its decision-making process regarding the
103	103	proposed joint development agreement, including a record of any public hearing,
104	104	copies of documents submitted at any public hearing, and copies of any other
105	105	documents provided to the political subdivision in connection with the proposed joint
106	106	development agreement. A political subdivision's authority to enter a joint
107	107	development agreement is subject to the restrictions under sub. (1m), and the parties
108	108	to an agreement under this section shall ensure that the agreement is consistent
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135	135	SECTION 1 ASSEMBLY BILL 46
136	136	with rules promulgated by the public service commission under s. 196.378 (4j). A
137	137	political subdivision shall base its decision regarding the provisions of a joint
138	138	development agreement on written findings of fact that are supported by the
139	139	evidence in the record created under this section.
140	140	SECTION 2. 196.378 (1) (e) of the statutes is created to read:
141	141	196.378 (1) (e) “Large solar electric generating facility” has the meaning given
142	142	in s. 196.491 (1) (h).
143	143	SECTION 3. 196.378 (4j) of the statutes is created to read:
144	144	196.378 (4j) JOINT DEVELOPMENT AGREEMENT REQUIREMENTS FOR LARGE SOLAR
145	145	ELECTRIC GENERATING FACILITIES. The commission shall promulgate rules that specify
146	146	the subject matter that a joint development agreement under s. 66.0401 (7) is
147	147	required to address, including all of the following:
148	148	(a) Setback requirements.
149	149	(b) Proof of financial responsibility ensuring the availability of funds for
150	150	decommissioning the large solar electric generating facility upon discontinuance of
151	151	use of the large solar electric generating facility.
152	152	(c) Environmental impact studies.
153	153	(d) The type of land on which the large solar electric generating facility will be
154	154	located.
155	155	SECTION 4. 196.491 (1) (h) of the statutes is created to read:
156	156	196.491 (1) (h) “Large solar electric generating facility” means a
157	157	ground-mounted photovoltaic solar energy system that is a large electric generating
158	158	facility.
159	159	SECTION 5. 196.491 (3) (a) 4. of the statutes is created to read:
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186	186	SECTION 5
187	187	ASSEMBLY BILL 46
188	188	196.491 (3) (a) 4. At least 45 days before a person files an application under
189	189	subd. 1., the person shall satisfy the requirement under s. 66.0401 (7) (d) if the
190	190	facility is a large solar electric generating facility. This subdivision does not require
191	191	a person to enter into a joint development agreement with a political subdivision
192	192	under s. 66.0401 (7) to file an application under subd. 1.
193	193	(END)
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