Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB3 Compare Versions

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

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-0775/1
3	3	SWB&EHS:emw&cjs
4	4	2025 SENATE BILL 3
5	5	January 24, 2025 - Introduced by Senators MARKLEIN, TOMCZYK, JACQUE, NASS and
6	6	QUINN, cosponsored by Representatives TRANEL, HURD, KRUG, KREIBICH,
7	7	BEHNKE, BRILL, DITTRICH, GOEBEN, KNODL, MAXEY, MURPHY, PENTERMAN,
8	8	SORTWELL, SPIROS, TUSLER, MELOTIK, WICHGERS and MURSAU. Referred to
9	9	Committee on Utilities and Tourism.
10	10	AN ACT to amend 66.0401 (1m) (intro.); to create 66.0401 (1r), 66.0401 (4) (h),
11	11	196.49 (4m) and 196.491 (3) (d) 9. of the statutes; relating to: requiring local
12	12	approval for certain wind and solar projects before Public Service Commission
13	13	approval.
14	14	Analysis by the Legislative Reference Bureau
15	15	Current law prohibits a person from beginning construction of a large electric
16	16	generating facility (LEGF) unless the Public Service Commission grants a
17	17	certificate of public convenience and necessity (CPCN) for the proposed facility. An
18	18	LEGF is defined as a facility with a nominal operating capacity of 100 megawatts or
19	19	more. In addition, a public utility may not engage in certain construction,
20	20	expansion, or other projects unless PSC grants a certificate of authority (CA) for the
21	21	proposed project. The bill defines a “solar project” and “wind project” as an area of
22	22	land on which, respectively, solar photovoltaic panels or devices used for collecting
23	23	wind energy, along with any associated equipment and facilities, are installed in
24	24	order to generate electricity and which altogether is designed for nominal operation
25	25	at a capacity of 15 megawatts or more.
26	26	Under this bill, before PSC may approve a CA or a CPCN for the construction
27	27	of a solar project or wind project, the person seeking the certificate must seek
28	28	approval from each city, village, and town in which the solar project or wind project 2025 - 2026 Legislature
29	29	SENATE BILL 3
30	30	- 2 - LRB-0775/1
31	31	SWB&EHS:emw&cjs
32	32	is to be located. The bill requires a city, village, or town to approve or disapprove a
33	33	proposed solar project or wind project by adopting a resolution to that effect no later
34	34	than 90 days after receiving a request for such approval. If the city, village, or town
35	35	fails to act within that time period, the project is considered approved. The bill
36	36	allows this deadline to be extended for certain reasons. Current law limits the
37	37	authority of political subdivisions to regulate solar and wind energy systems,
38	38	allowing political subdivisions to impose restrictions only if they meet certain
39	39	conditions. The bill provides that those limitations do not apply to the approval or
40	40	disapproval of a solar project or a wind project by a city, town, or village. Current
41	41	law also imposes procedures for political subdivisions that receive applications for
42	42	approval relating to wind energy systems. Those procedures do not apply to
43	43	approval or disapproval of a wind project under the bill.
44	44	Under the bill, PSC may not issue a CPCN or CA for a solar project or wind
45	45	project unless each city, village, and town in which the project is proposed to be
46	46	located has adopted a resolution approving the project.
47	47	The people of the state of Wisconsin, represented in senate and assembly, do
48	48	enact as follows:
49	49	SECTION 1. 66.0401 (1m) (intro.) of the statutes is amended to read:
50	50	66.0401 (1m) AUTHORITY TO RESTRICT SYSTEMS LIMITED. (intro.) No Except
51	51	as provided in sub. (1r), no political subdivision may place any restriction, either
52	52	directly or in effect, on the installation or use of a wind energy system that is more
53	53	restrictive than the rules promulgated by the commission under s. 196.378 (4g) (b).
54	54	No Except as provided in sub. (1r), no political subdivision may place any
55	55	restriction, either directly or in effect, on the installation or use of a solar energy
56	56	system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, unless the
57	57	restriction satisfies one of the following conditions:
58	58	SECTION 2. 66.0401 (1r) of the statutes is created to read:
59	59	66.0401 (1r) AUTHORITY TO APPROVE OR REJECT CERTAIN WIND OR SOLAR
60	60	PROJECTS. (a) In this subsection:
61	61	1. “Municipality” means a city, village, or town. 2025 - 2026 Legislature
62	62	SENATE BILL 3
63	63	- 3 - LRB-0775/1
64	64	SWB&EHS:emw&cjs
65	65	SECTION 2
66	66	2. “Solar project” means an area of land on which solar photovoltaic panels or
67	67	other devices used for collecting solar energy and any associated equipment and
68	68	facilities are installed in order to generate electricity and which altogether is
69	69	designed for nominal operation at a capacity of 15 megawatts or more.
70	70	3. “Wind project” means an area of land on which devices used for collecting
71	71	wind energy and any associated equipment and facilities are installed in order to
72	72	generate electricity and which altogether is designed for nominal operation at a
73	73	capacity of 15 megawatts or more.
74	74	(b) Before the commission may approve a certificate of authority under s.
75	75	196.49 or a certificate of public convenience and necessity under s. 196.491 (3) to
76	76	construct a solar project or wind project, the person seeking the certificate shall
77	77	seek approval from each municipality in which the solar project or wind project is to
78	78	be located.
79	79	(c) Notwithstanding sub. (4), a municipality shall, except as provided under
80	80	par. (d), approve or disapprove a proposed solar project or wind project by adopting
81	81	a resolution to that effect no later than 90 days after the person seeking approval
82	82	submits the request for such approval. If a municipality fails to act within the 90
83	83	days, or within any extended time period established under par. (d), the solar
84	84	project or wind project is considered approved.
85	85	(d) A municipality may extend the time period under par. (c) if, within that 90-
86	86	day period, the municipality authorizes the extension in writing. A municipality
87	87	may authorize any combination of the following extensions, except that the total 2025 - 2026 Legislature
88	88	SENATE BILL 3
89	89	- 4 - LRB-0775/1
90	90	SWB&EHS:emw&cjs
91	91	SECTION 2
92	92	amount of time for all extensions it authorizes under this paragraph may not exceed
93	93	90 days:
94	94	1. An extension of up to 45 days if the municipality needs additional
95	95	information to determine whether to approve or deny the request for approval.
96	96	2. An extension of up to 90 days if the requester makes a material
97	97	modification to the request for approval.
98	98	3. An extension of up to 90 days for other good cause specified in writing by
99	99	the municipality.
100	100	(e) The limitations of authority under s. 66.0401 (1m) do not apply to requests
101	101	for approval of a solar project or wind project by a municipality under this
102	102	subsection.
103	103	SECTION 3. 66.0401 (4) (h) of the statutes is created to read:
104	104	66.0401 (4) (h) This subsection does not apply to requests for approval of a
105	105	wind project under sub. (1r).
106	106	SECTION 4. 196.49 (4m) of the statutes is created to read:
107	107	196.49 (4m) The commission may not issue a certificate under sub. (1), (2), or
108	108	(3) for the construction of a solar project, as defined in s. 66.0401 (1r) (a) 2., or a
109	109	wind project, as defined in s. 66.0401 (1r) (a) 3., unless each city, village, and town
110	110	in which the project is proposed to be located has adopted a resolution approving
111	111	the project under s. 66.0401.
112	112	SECTION 5. 196.491 (3) (d) 9. of the statutes is created to read:
113	113	196.491 (3) (d) 9. For a facility that is a solar project, as defined in s. 66.0401
114	114	(1r) (a) 2., or a wind project, as defined in s. 66.0401 (1r) (a) 3., each city, village, and 2025 - 2026 Legislature
115	115	SENATE BILL 3
116	116	- 5 - LRB-0775/1
117	117	SWB&EHS:emw&cjs
118	118	SECTION 5
119	119	town in which the project is proposed to be located has adopted a resolution
120	120	approving the project under s. 66.0401.
121	121	(END)