Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB151 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 SENATE BILL 151
5	5	April 3, 2023 - Introduced by Senators JACQUE, QUINN, STROEBEL and WANGGAARD,
6	6	cosponsored by Representatives BODDEN, BRANDTJEN, BROOKS, ROZAR, SCHUTT,
7	7	WICHGERS and BEHNKE. Referred to Committee on Utilities and Technology.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to repeal 66.0401 (4) (f) 1.; to renumber and amend 66.0401 (4) (f) 2.;
10	10	and to amend 66.0401 (1m) (intro.), 66.0401 (4) (g), 66.0401 (5) (b) 3. and
11	11	196.378 (4g) (b) of the statutes; relating to: the regulation of wind energy
12	12	systems by local governments.
13	13	Analysis by the Legislative Reference Bureau
14	14	Current law limits the authority of a political subdivision to regulate solar and
15	15	wind energy systems. For both types of systems, current law prohibits a political
16	16	subdivision from imposing a restriction on the installation or use of the system
17	17	unless the restriction satisfies one of the following three conditions: 1) it serves to
18	18	preserve or protect the public health or safety; 2) it does not significantly increase
19	19	the cost of the system or significantly decrease the system's efficiency; or 3) it allows
20	20	for an alternative system of comparable cost and efficiency. However, for wind energy
21	21	systems, current law imposes an additional limitation on a political subdivision's
22	22	authority by prohibiting a restriction that is more restrictive than rules promulgated
23	23	by the Public Service Commission under current law. This bill allows a political
24	24	subdivision to impose a restriction on a wind energy system that is more restrictive
25	25	than the PSC rules, but only if the restriction satisfies one of the foregoing three
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31	31	SENATE BILL 151
32	32	conditions. The bill does not affect a political subdivision's authority regarding solar
33	33	energy systems.
34	34	The people of the state of Wisconsin, represented in senate and assembly, do
35	35	enact as follows:
36	36	SECTION 1. 66.0401 (1m) (intro.) of the statutes is amended to read:
37	37	66.0401 (1m) AUTHORITY TO RESTRICT SYSTEMS LIMITED. (intro.) No A political
38	38	subdivision may place any a restriction, either directly or in effect, on the installation
39	39	or use of a wind energy system that is more restrictive than the rules promulgated
40	40	by the commission under s. 196.378 (4g) (b). No political subdivision may place any
41	41	restriction, either directly, or in effect, a restriction on the installation or use of a
42	42	solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, unless
43	43	but only if the restriction satisfies one of the following conditions:
44	44	SECTION 2. 66.0401 (4) (f) 1. of the statutes is repealed.
45	45	SECTION 3. 66.0401 (4) (f) 2. of the statutes is renumbered 66.0401 (4) (f) and
46	46	amended to read:
47	47	66.0401 (4) (f) A political subdivision may deny an application for approval if
48	48	the proposed site of the wind energy system is in an area primarily designated for
49	49	future residential or commercial development, as shown in a map that is adopted,
50	50	as part of a comprehensive plan, under s. 66.1001 (2) (b) and (f), before June 2, 2009,
51	51	or as shown in such maps after December 31, 2015, as part of a comprehensive plan
52	52	that is updated as required under s. 66.1001 (2) (i). This subdivision paragraph
53	53	applies to a wind energy system that has a nominal capacity of at least one megawatt.
54	54	SECTION 4. 66.0401 (4) (g) of the statutes is amended to read:
55	55	66.0401 (4) (g) A political subdivision that chooses to regulate wind energy
56	56	systems shall enact an ordinance to do so, subject to sub. (6) (b), that is no. Subject
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80	80	SECTION 4
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82	82	to sub. (1m), the ordinance may be more restrictive than the applicable standards
83	83	established by the commission in rules promulgated under s. 196.378 (4g).
84	84	SECTION 5. 66.0401 (5) (b) 3. of the statutes is amended to read:
85	85	66.0401 (5) (b) 3. An applicant whose application for approval is denied under
86	86	sub. (4) (f) 2. may appeal the denial to the commission. The commission may grant
87	87	the appeal notwithstanding the inconsistency of the application for approval with
88	88	the political subdivision's planned residential or commercial development if the
89	89	commission determines that granting the appeal is consistent with the public
90	90	interest.
91	91	SECTION 6. 196.378 (4g) (b) of the statutes is amended to read:
92	92	196.378 (4g) (b) The commission shall, with the advice of the wind siting
93	93	council, promulgate rules that specify the restrictions a political subdivision may
94	94	impose on the installation or use of a wind energy system consistent with the
95	95	conditions specified in s. 66.0401 (1m) (a) to (c). The subject matter of these rules
96	96	shall include setback requirements that provide reasonable protection from any
97	97	health effects, including health effects from noise and shadow flicker, associated with
98	98	wind energy systems. The subject matter of these rules shall also include
99	99	decommissioning and may include visual appearance, lighting, electrical
100	100	connections to the power grid, setback distances, maximum audible sound levels,
101	101	shadow flicker, proper means of measuring noise, interference with radio, telephone,
102	102	or television signals, or other matters. A As provided in s. 66.0401 (1m), a political
103	103	subdivision may not place a restriction on the installation or use of a wind energy
104	104	system that is more restrictive than these rules.
105	105	SECTION 7.0Initial applicability.
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131	131	SECTION 7 SENATE BILL 151
132	132	(1) The treatment of s. 66.0401 (1m) (intro.) and (4) (g) first applies to an
133	133	ordinance that takes effect on the effective date of this subsection.
134	134	(END)
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