Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB47 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 47
5	5	February 14, 2023 - Introduced by Senators BALLWEG, FELZKOWSKI and MARKLEIN,
6	6	cosponsored by Representatives PLUMER, MURSAU, BEHNKE, BODDEN, MURPHY,
7	7	O'CONNOR and SCHRAA. Referred to Committee on Utilities and Technology.
8	8	AN ACT to create 66.0401 (7), 196.378 (1) (e), 196.378 (4j), 196.491 (1) (h) and
9	9	196.491 (3) (a) 4. of the statutes; relating to: requiring notice to political
10	10	subdivisions and landowners regarding proposed large solar energy facilities,
11	11	requirements for applying for certificates for large solar electric generating
12	12	facilities, joint development agreements related to large solar electric
13	13	generating facilities, and granting rule-making authority.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill requires a person, including a representative of a developer or other
16	16	company, who seeks to purchase or lease land for the purpose of developing certain
17	17	large solar electric generating facilities to provide notice to any political subdivision
18	18	in which the land is located of the person's interest in purchasing or leasing land for
19	19	this purpose at least 30 days before the person contacts the landowner about the
20	20	purchase or lease. The bill defines a political subdivision as a city, village, town, or
21	21	county. The person must also provide written notice to the landowner and any other
22	22	landowners located within one mile of that land.
23	23	Under current law, a person seeking to construct a large electric generating
24	24	facility, specifically a facility designed with an electric generating capacity of at least
25	25	100 megawatts, must obtain a certificate of public convenience and necessity (CPCN)
26	26	from the Public Service Commission. The bill provides that at least 45 days before
27	27	a person files a CPCN application with PSC for certain large solar electric generating
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35	35	SENATE BILL 47
36	36	facilities, the person must submit a written notice indicating the person's interest in
37	37	entering into a joint development agreement (JDA) with each political subdivision
38	38	in which the proposed facility would be located. In addition, during the 45 days
39	39	immediately after providing that written notice the person must make a good faith
40	40	effort to negotiate a joint development agreement with each political subdivision in
41	41	which the proposed facility would be located.
42	42	Under the bill, each political subdivision considering a JDA must make a record
43	43	of its decision-making process, including a record of any public hearing, copies of
44	44	documents submitted at any public hearing, and copies of any other documents
45	45	provided to the political subdivision in connection with the proposed JDA. The bill
46	46	specifies that a political subdivision's authority to enter a JDA is subject to current
47	47	law restrictions that prohibit a city, village, town, or county from placing any
48	48	restriction, either directly or in effect, on the installation or use of a solar energy
49	49	system unless the restriction: 1) serves to preserve or protect the public health or
50	50	safety; 2) does not significantly increase the cost of the system or significantly
51	51	decrease its efficiency; or 3) allows for an alternative system of comparable cost and
52	52	efficiency. The bill requires that the parties to a JDA must ensure that the agreement
53	53	is consistent with rules promulgated by PSC that establish subject matter that a JDA
54	54	must address, and further requires that the political subdivision must base its
55	55	decision regarding the provisions of a JDA on written findings of fact that are
56	56	supported by the evidence in the record.
57	57	For further information see the state and local fiscal estimate, which will be
58	58	printed as an appendix to this bill.
59	59	The people of the state of Wisconsin, represented in senate and assembly, do
60	60	enact as follows:
61	61	SECTION 1. 66.0401 (7) of the statutes is created to read:
62	62	66.0401 (7) LARGE SOLAR ELECTRIC GENERATING FACILITIES. (a) In this section:
63	63	1. “Large solar electric generating facility" has the meaning given in s. 196.491
64	64	(1) (h).
65	65	2. “Political subdivision” means a city, village, town, or county.
66	66	(b) At least 30 days before a person, including a representative of a developer
67	67	or other company, contacts a landowner for the purpose of purchasing or leasing land
68	68	to develop a large solar electric generating facility, the person shall provide written
69	69	notice of the person's interest in purchasing or leasing the land for the purposes of
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81	81	SECTION 1
82	82	SENATE BILL 47
83	83	constructing a large solar electric generating facility. The person shall provide
84	84	written notice to all of the following:
85	85	1. The landowner.
86	86	2. Each political subdivision in which the land is located.
87	87	3. Each landowner located within one mile of the land that the person is seeking
88	88	to purchase or lease.
89	89	(c) A person providing notice to landowners under par. (b) shall include in the
90	90	notice the name of the person seeking to purchase or lease land and specify that the
91	91	person will be seeking to purchase or lease land within the area for the purposes of
92	92	constructing a large solar electric generating facility.
93	93	(d) Before a person submits an application for a certificate of public convenience
94	94	and necessity for a large solar electric generating facility as required under s.
95	95	196.491 (3), the person shall submit a written notice indicating the person's interest
96	96	in entering into a joint development agreement to each political subdivision in which
97	97	the proposed facility would be located and shall make a good faith effort during the
98	98	immediately following 45 days to negotiate a joint development agreement with each
99	99	political subdivision.
100	100	(e) Each political subdivision considering a joint development agreement under
101	101	this subsection must make a record of its decision-making process regarding the
102	102	proposed joint development agreement, including a record of any public hearing,
103	103	copies of documents submitted at any public hearing, and copies of any other
104	104	documents provided to the political subdivision in connection with the proposed joint
105	105	development agreement. A political subdivision's authority to enter a joint
106	106	development agreement is subject to the restrictions under sub. (1m), and the parties
107	107	to an agreement under this section shall ensure that the agreement is consistent
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134	134	SECTION 1 SENATE BILL 47
135	135	with rules promulgated by the public service commission under s. 196.378 (4j). A
136	136	political subdivision shall base its decision regarding the provisions of a joint
137	137	development agreement on written findings of fact that are supported by the
138	138	evidence in the record created under this section.
139	139	SECTION 2. 196.378 (1) (e) of the statutes is created to read:
140	140	196.378 (1) (e) “Large solar electric generating facility” has the meaning given
141	141	in s. 196.491 (1) (h).
142	142	SECTION 3. 196.378 (4j) of the statutes is created to read:
143	143	196.378 (4j) JOINT DEVELOPMENT AGREEMENT REQUIREMENTS FOR LARGE SOLAR
144	144	ELECTRIC GENERATING FACILITIES. The commission shall promulgate rules that specify
145	145	the subject matter that a joint development agreement under s. 66.0401 (7) is
146	146	required to address, including all of the following:
147	147	(a) Setback requirements.
148	148	(b) Proof of financial responsibility ensuring the availability of funds for
149	149	decommissioning the large solar electric generating facility upon discontinuance of
150	150	use of the large solar electric generating facility.
151	151	(c) Environmental impact studies.
152	152	(d) The type of land on which the large solar electric generating facility will be
153	153	located.
154	154	SECTION 4. 196.491 (1) (h) of the statutes is created to read:
155	155	196.491 (1) (h) “Large solar electric generating facility” means a
156	156	ground-mounted photovoltaic solar energy system that is a large electric generating
157	157	facility.
158	158	SECTION 5. 196.491 (3) (a) 4. of the statutes is created to read:
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183	183	LRB-1711/1
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185	185	SECTION 5
186	186	SENATE BILL 47
187	187	196.491 (3) (a) 4. At least 45 days before a person files an application under
188	188	subd. 1., the person shall satisfy the requirement under s. 66.0401 (7) (d) if the
189	189	facility is a large solar electric generating facility. This subdivision does not require
190	190	a person to enter into a joint development agreement with a political subdivision
191	191	under s. 66.0401 (7) to file an application under subd. 1.
192	192	(END)
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