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Bills from the 2009–10 session

Senate Bill 185

Regulation of wind energy systems and granting rule-making authority

Topics: County: Ordinance, Electric utility, Energy conservation, Municipality: Ordinance, Public Service Commission, Reorganization of state government, Reports

Became law

The governor signed it on Oct 1, 2009. It's ⁠.

  1. Introduced, passed

    May 4, 2009

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Sep 15, 2009

  4. Assembly vote, passed

    Passed 65 to 31

  5. Governor, passed

    Signed

  6. Law, here now

    2009 Wisconsin Act 40

Latest entry in the official record, Oct 7, 2009: “Published 10-14-2009.”

Read the bill

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

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.

Read the full summary

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 convenience and necessity (CPCN) to the person. If the PSC has granted a CPCN to such a facility, and if installation or utilization of the facility is precluded or inhibited by a local ordinance, current law provides that the installation and utilization of the facility may nevertheless proceed. Because this bill does not affect that provision, the authority of a political subdivision to regulate a wind energy system under the bill is limited to those wind energy systems with a nominal operating capacity of less than 100 megawatts. However, the bill requires the PSC to consider the restrictions specified in the rules described above when the PSC determines whether to grant a CPCN to a wind energy system with a nominal operating capacity of 100 megawatts or more.

Who's behind it

11 senators are its ⁠. 10 are Democrats and 1 is a Republican.

21 more lawmakers ⁠.

See all 32 names

Authors (11)

Signed on in support (21)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 11 votes on this bill.

Senate Committee on Commerce vote on an amendment

Passed, 7 to 0 · Aug 5, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report introduction of Senate Substitute Amendment 1 recommended by committee on Commerce, Utilities, Energy, and Rail, Ayes 7, Noes 0 by committee on Commerce, Utilities, Energy, and Rail”. Official record · This vote on its own page

Senate vote to pass it

Passed, 23 to 9 · Sep 15, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Read a third time and passed, Ayes 23, Noes 9”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 65 to 31 · Sep 16, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Read a third time and concurred in, Ayes 65, Noes 31, Paired 2”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 50 to 47 · Sep 16, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 2 laid on table, Ayes 50, Noes 47”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 56 to 42 · Sep 16, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 3 laid on table, Ayes 56, Noes 42”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 50 to 48 · Sep 16, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 4 laid on table, Ayes 50, Noes 48”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 50 to 48 · Sep 16, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 5 laid on table, Ayes 50, Noes 48”. Official record · This vote on its own page

Assembly vote on an amendment

Failed, 49 to 49 · Sep 16, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Refused to table Assembly amendment 6, Ayes 49, Noes 49”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 62 to 36 · Sep 16, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 7 laid on table, Ayes 62, Noes 36”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 61 to 37 · Sep 16, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 8 laid on table, Ayes 61, Noes 37”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 50 to 48 · Sep 16, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 9 laid on table, Ayes 50, Noes 48”. Official record · This vote on its own page

What happened

  1. Oct 7, 2009

    The new law was published.

  2. Oct 1, 2009

    The governor signed it. It became 2009 Wisconsin Act 40.

  3. Sep 29, 2009

    Sent to the governor.

  4. Sep 16, 2009

    The Assembly passed it too, 65 to 31.

  5. Sep 16, 2009

    “Read” (the official wording)

  6. Sep 16, 2009

    The Assembly received it.

  7. Sep 15, 2009

    The Senate passed it, 23 to 9.

  8. Sep 15, 2009

    The Senate adopted it.

  9. Sep 15, 2009

    1 more senator signed on in support.

  10. Aug 5, 2009

    The committee voted to recommend passing it, 6 to 1.

  11. Aug 5, 2009

    “Report adoption of Senate Substitute Amendment 1 recommended by committee on Commerce, Utilities, Energy, and Rail, Ayes 7, Noes 0” (the official wording)

  12. Aug 5, 2009

    “Report introduction of Senate Substitute Amendment 1 recommended by committee on Commerce, Utilities, Energy, and Rail, Ayes 7, Noes 0 by committee on Commerce, Utilities, Energy, and Rail” (the official wording)

  13. May 12, 2009

    A state agency sent in its estimate of the cost.

  14. May 12, 2009

    The committee held a public hearing.

  15. May 4, 2009

    Sent to the Senate Committee on Commerce, Utilities, Energy, and Rail.

  16. May 4, 2009

    Introduced in the Senate.

See the official record, word for word
  1. May 4, 2009 · Senate

    Introduced by Senators Plale, Hopper, Hansen, Holperin, Kreitlow, Taylor, Sullivan, Miller, Risser, Wirch and Coggs;Cosponsored by Representatives Soletski, Montgomery, Parisi, Black, Mason, Spanbauer, Hilgenberg, Roys, Townsend, Richards, Suder, Honadel, Pocan, Clark, Wood, Smith, Pasch, Vruwink, Molepske Jr. and Stone

  2. May 4, 2009 · Senate

    Read first time and referred to committee on Commerce, Utilities, Energy, and Rail

  3. May 12, 2009 · Senate

    Public hearing held

  4. May 12, 2009 · Senate

    Fiscal estimate received

  5. Aug 4, 2009 · Senate

    Executive action taken

  6. Aug 5, 2009 · Senate

    Report introduction of Senate Substitute Amendment 1 recommended by committee on Commerce, Utilities, Energy, and Rail, Ayes 7, Noes 0 by committee on Commerce, Utilities, Energy, and Rail

  7. Aug 5, 2009 · Senate

    Report introduction and adoption of Senate Amendment 1 to Senate Substitute Amendment 1 recommended by committee on Commerce, Utilities, Energy, and Rail, Ayes 7, Noes 0 by committee on Commerce, Utilities, Energy, and Rail

  8. Aug 5, 2009 · Senate

    Report introduction and adoption of Senate Amendment 2 to Senate Substitute Amendment 1 recommended by committee on Commerce, Utilities, Energy, and Rail, Ayes 7, Noes 0 by committee on Commerce, Utilities, Energy, and Rail

  9. Aug 5, 2009 · Senate

    Report introduction and adoption of Senate Amendment 3 to Senate Substitute Amendment 1 recommended by committee on Commerce, Utilities, Energy, and Rail, Ayes 7, Noes 0 by committee on Commerce, Utilities, Energy, and Rail

  10. Aug 5, 2009 · Senate

    Report adoption of Senate Substitute Amendment 1 recommended by committee on Commerce, Utilities, Energy, and Rail, Ayes 7, Noes 0

  11. Aug 5, 2009 · Senate

    Report passage as amended recommended by committee on Commerce, Utilities, Energy, and Rail, Ayes 6, Noes 1

  12. Aug 5, 2009 · Senate

    Available for scheduling

  13. Aug 17, 2009 · Senate

    LRB correction (Senate Substitute Amendment 1)

  14. Sep 8, 2009 · Senate

    Placed on calendar 9-15-2009 by committee on Senate Organization

  15. Sep 14, 2009 · Senate

    Senate substitute amendment 2 offered by Senator Plale

  16. Sep 15, 2009 · Senate

    Senator Lassa added as a coauthor

  17. Sep 15, 2009 · Senate

    Read a second time

  18. Sep 15, 2009 · Senate

    Senate substitute amendment 1 laid on table

  19. Sep 15, 2009 · Senate

    Senate substitute amendment 2 adopted

  20. Sep 15, 2009 · Senate

    Senate substitute amendment 3 offered by Senator Schultz

  21. Sep 15, 2009 · Senate

    Senate substitute amendment 3 withdrawn and returned to author

  22. Sep 15, 2009 · Senate

    Ordered to a third reading

  23. Sep 15, 2009 · Senate

    Rules suspended

  24. Sep 15, 2009 · Senate

    Read a third time and passed, Ayes 23, Noes 9

  25. Sep 15, 2009 · Senate

    Ordered immediately messaged

  26. Sep 16, 2009 · Assembly

    Received from Senate

  27. Sep 16, 2009 · Assembly

    Read

  28. Sep 16, 2009 · Assembly

    Rules suspended to withdraw from Senate message and place on calendar 9-16-2009

  29. Sep 16, 2009 · Assembly

    Rules suspended to withdraw from calendar and take up

  30. Sep 16, 2009 · Assembly

    Read a second time

  31. Sep 16, 2009 · Assembly

    Assembly amendment 1 offered by Representative Ripp

  32. Sep 16, 2009 · Assembly

    Assembly amendment 1 withdrawn and returned to author

  33. Sep 16, 2009 · Assembly

    Assembly amendment 2 offered by Representative Davis

  34. Sep 16, 2009 · Assembly

    Assembly amendment 2 laid on table, Ayes 50, Noes 47

  35. Sep 16, 2009 · Assembly

    Assembly amendment 3 offered by Representative Davis

  36. Sep 16, 2009 · Assembly

    Assembly amendment 3 laid on table, Ayes 56, Noes 42

  37. Sep 16, 2009 · Assembly

    Assembly amendment 4 offered by Representative Davis

  38. Sep 16, 2009 · Assembly

    Assembly amendment 4 laid on table, Ayes 50, Noes 48

  39. Sep 16, 2009 · Assembly

    Assembly amendment 5 offered by Representatives Huebsch and Ripp

  40. Sep 16, 2009 · Assembly

    Assembly amendment 5 laid on table, Ayes 50, Noes 48

  41. Sep 16, 2009 · Assembly

    Assembly amendment 6 offered by Representatives Huebsch and Ripp

  42. Sep 16, 2009 · Assembly

    Refused to table Assembly amendment 6, Ayes 49, Noes 49

  43. Sep 16, 2009 · Assembly

    Refused to adopt Assembly amendment 6, Ayes 49, Noes 49

  44. Sep 16, 2009 · Assembly

    Assembly amendment 7 offered by Representative Wood

  45. Sep 16, 2009 · Assembly

    Assembly amendment 7 laid on table, Ayes 62, Noes 36

  46. Sep 16, 2009 · Assembly

    Assembly amendment 8 offered by Representative Krusick

  47. Sep 16, 2009 · Assembly

    Assembly amendment 8 laid on table, Ayes 61, Noes 37

  48. Sep 16, 2009 · Assembly

    Assembly amendment 9 offered by Representatives Krusick and Ballweg

  49. Sep 16, 2009 · Assembly

    Assembly amendment 9 laid on table, Ayes 50, Noes 48

  50. Sep 16, 2009 · Assembly

    Ordered to a third reading

  51. Sep 16, 2009 · Assembly

    Rules suspended

  52. Sep 16, 2009 · Assembly

    Read a third time and concurred in, Ayes 65, Noes 31, Paired 2

  53. Sep 16, 2009 · Assembly

    Ordered immediately messaged

  54. Sep 17, 2009 · Senate

    Received from Assembly concurred in

  55. Sep 21, 2009 · Senate

    Report correctly enrolled on 9-21-2009

  56. Sep 29, 2009 · Senate

    Presented to the Governor on 9-29-2009

  57. Oct 1, 2009 · Senate

    Report approved by the Governor on 9-30-2009. 2009 Wisconsin Act 40

  58. Oct 7, 2009 · Senate

    Published 10-14-2009.

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote

More in the glossary