AB 256

Under current law, a city, village, town, or county (political subdivision) may not

place any restrictions on the installation or use of an energy system (a solar energy

system or a wind energy system) unless the restriction is for health or safety reasons,

does not significantly increase the cost of the system or decrease its efficiency, or

allows for an alternative comparable system. Current law defines "wind energy

system" as equipment that converts and then stores or transfers energy from the

wind into usable forms of energy.

This bill requires the Public Service Commission (PSC) to promulgate rules

establishing common standards for political subdivisions to regulate the

construction and operation of wind energy systems. The bill also revises the

definition of "wind energy system" to include associated facilities of the equipment

specified under current law. The PSC's rules must specify the restrictions a political

subdivision may impose on the installation or use of such a system, and may include

subjects such as visual appearance, setback distances, decommissioning, shadow

flicker, electrical connections to the power grid, and interference with radio,

telephone, or television signals. The PSC must also promulgate rules specifying

requirements and procedures for a political subdivision to enforce such restrictions.

If a political subdivision chooses to regulate such systems, its ordinances may

not be more restrictive than the PSC rules. The bill also specifies various standards,

procedures for applicants, and approval timelines for political subdivisions that

must be contained in a political subdivision's ordinance regulating the systems.

The bill prohibits a political subdivision from prohibiting or restricting any

person from conducting tests to determine the suitability of a site for the possible

placement of a wind energy system, although the political subdivision may petition

the PSC to impose reasonable restrictions on the testing.

With regard to a proposed wind energy system that is one megawatt or larger,

the bill provides that any person who is aggrieved by a political subdivision's decision

or enforcement action may seek review by the PSC. If the PSC determines that the

political subdivision's decision or enforcement action does not comply with the

agency's rules or is unreasonable, it must issue a superseding decision and order an

appropriate remedy. The PSC's decision or order may be appealed to circuit court.

The bill specifies that if a county enacts an ordinance relating to the

construction or operation of a wind energy system, as provided by the bill, the county

ordinance applies only in the unincorporated parts of the county, except that if a town

enacts a similar ordinance, the more restrictive terms of the two ordinances apply

to the town.

Finally, the bill does not affect a provision under current law that exempts

certain electric generating facilities from local ordinances. Under current law, a

person may not construct an electric generating facility with a nominal operating

capacity of 100 megawatts or more unless the PSC grants a certificate of public