Setback requirements for wind energy systems

What it would have done

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

Under current law, the Public Service Commission (PSC), with the advice of the Wind Siting Council, must promulgate rules specifying the restrictions that a city, village, town, or county may impose on the installation or use of a "wind energy system," which is defined as equipment and associated facilities that convert and then store or transfer wind energy into usable forms of energy. The restrictions must satisfy certain conditions, including preserving or protecting the public health or safety and not significantly increasing the cost of a wind energy system or significantly decreasing its efficiency. In addition, the subject matter of the rules must include setback requirements and decommissioning, and may include other matters. Current law prohibits a city, village, town, or county from placing a restriction on the installation or use of a wind energy system that is more restrictive than the PSC's rules.

This bill creates an exception from this prohibition for setback requirements, as the bill allows a city, village, town, or county to impose a setback requirement that is more restrictive than the PSC's rules. The bill also prohibits the PSC, which has jurisdiction over a wind energy system with a capacity of 100 megawatts or more, from issuing a certificate of public convenience and necessity for such a wind energy system unless the system is consistent with any applicable setback requirement that is more restrictive than the PSC's rules.

Who's behind it

7 lawmakers are its authors⁠. All 7 are Republicans.

1 more lawmaker signed on in support⁠.