AB 72

Current law requires the Public Service Commission (PSC), with the advice of

the wind siting council, to promulgate rules that specify the restrictions that a city,

village, town, or county (political subdivision) 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 energy from the wind into usable forms of

energy. The subject matter of the rules must include certain setback and

decommissioning requirements, and may include visual appearance, lighting,

electrical connections to the power grid, maximum audible sound levels, shadow

flicker, proper means of measuring noise, interference with radio, telephone, or

television signals, or other matters. Current law prohibits a political subdivision

from imposing a restriction that is more restrictive than the rules. Current law also

requires the PSC to promulgate rules regarding the process used by political

subdivisions to approve wind energy systems, as well as rules regarding enforcement

of the restrictions by political subdivisions.

The PSC promulgated the rules under the current law provisions described

above as clearinghouse rule number 10-057. The rules became effective March 1,

2011. This bill repeals those rules and requires the PSC to submit proposed rules

pursuant to the current law provisions described above to the legislative council staff

no later than approximately six months after the bill's effective date.

This bill is introduced as required by s. 227.26 (2) (f), stats., in support of the

action of the Joint Committee for Review of Administrative Rules in suspending

chapter PSC 128, Wis. Adm. Code, a rule of the PSC, on March 1, 2011.