Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB738 Compare Versions

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

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1	1	LRB-2233/1
2	2	EHS:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 738
5	5	December 6, 2023 - Introduced by Representatives SCHRAA, SCHUTT, BEHNKE,
6	6	BODDEN, GOEBEN, KRUG, MURPHY, O'CONNOR and MURSAU, cosponsored by
7	7	Senator WANGGAARD. Referred to Committee on Energy and Utilities.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to amend 196.49 (4); and to create 196.49 (4m) and 196.491 (3) (d) 9.
10	10	of the statutes; relating to: solar and wind energy projects on prime farmland.
11	11	Analysis by the Legislative Reference Bureau
12	12	Current law prohibits a person from beginning construction of a large electric
13	13	generating facility (LEGF) unless the Public Service Commission grants a certificate
14	14	of public convenience and necessity (CPCN) for the proposed facility. An LEGF is
15	15	defined as a facility with a nominal operating capacity of 100 megawatts or more. In
16	16	addition, a public utility may not engage in certain construction, expansion, or other
17	17	projects unless PSC grants a certificate of authority (CA) for the proposed project.
18	18	Under this bill, PSC may not issue a CPCN or CA for a solar project or wind
19	19	project unless it determines that no more than 35 percent of project land is classified
20	20	as prime farmland under current state or federal law. The bill defines a solar project
21	21	as an area of land on which solar photovoltaic panels or other devices used for
22	22	collecting solar energy and any associated equipment and facilities are installed in
23	23	order to generate electricity, designed for nominal operation at a capacity of 15
24	24	megawatts or more. The bill defines a wind project as an area of land on which
25	25	devices used for collecting wind energy and any associated equipment and facilities
26	26	are installed in order to generate electricity, with nominal operation at a capacity of
27	27	15 megawatts or more.
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29	29	2 - 2 -2023 - 2024 Legislature LRB-2233/1
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31	31	ASSEMBLY BILL 738
32	32	For further information see the state fiscal estimate, which will be printed as
33	33	an appendix to this bill.
34	34	The people of the state of Wisconsin, represented in senate and assembly, do
35	35	enact as follows:
36	36	SECTION 1. 196.49 (4) of the statutes is amended to read:
37	37	196.49 (4) The Except as provided in sub. (4m), the commission may not issue
38	38	a certificate under sub. (1), (2), or (3) for the construction of electric generating
39	39	equipment and associated facilities unless the commission determines that
40	40	brownfields, as defined in s. 238.13 (1) (a) or s. 560.13 (1) (a), 2009 stats., are used
41	41	to the extent practicable.
42	42	SECTION 2. 196.49 (4m) of the statutes is created to read:
43	43	196.49 (4m) (a) In this subsection:
44	44	1. “Solar project” means an area of land on which solar photovoltaic panels or
45	45	other devices used for collecting solar energy and any associated equipment and
46	46	facilities are installed in order to generate electricity, and which altogether is
47	47	designed for nominal operation at a capacity of 15 megawatts or more.
48	48	2. “Wind project” means an area of land on which devices used for collecting
49	49	wind energy and any associated equipment and facilities are installed in order to
50	50	generate electricity, and which altogether is designed for nominal operation at a
51	51	capacity of 15 megawatts or more.
52	52	(b) The commission may not issue a certificate under sub. (1), (2), or (3) for the
53	53	construction of a solar project or wind project unless the commission determines that
54	54	no more than 35 percent of the solar project or wind project is classified as prime
55	55	farmland, as defined in s. 91.01 (25), or is classified as prime farmlands, pursuant
56	56	to 7 CFR 657.5 (a).
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77	77	21 - 3 -2023 - 2024 Legislature
78	78	LRB-2233/1
79	79	EHS:amn
80	80	SECTION 3
81	81	ASSEMBLY BILL 738
82	82	SECTION 3. 196.491 (3) (d) 9. of the statutes is created to read:
83	83	196.491 (3) (d) 9. For a solar project or wind project, as defined in s. 196.49 (4m)
84	84	1. and 2., respectively, the standard under s. 196.49 (4m) (b) is met.
85	85	(END)
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