SB 263

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 requires that the PSC promulgate rules specifying setback

requirements that a city, village, town, or county may impose on a wind energy

system, but not until after the PSC receives a report from the Department of Health

Services (DHS) regarding an epidemiological study that evaluates the health

impacts of wind energy systems on people and animals near such systems. DHS may

encourage interested persons to submit such a study to DHS, or DHS may survey

scientific literature for such a study. The bill provides that the study must be

scientifically sound and peer-reviewed and must do the following: 1) include the

health impacts of low frequency sound and infrasound resulting from wind energy

systems; 2) evaluate the differences in health impacts, if any, on people and animals

in different proximities to and directions from such systems; and 3) evaluate any

differences associated with different wind speeds and directions. DHS must submit

a report describing the study's findings to both the PSC and the legislature. In

carrying out its duties regarding the report, DHS must consult with University of

Wisconsin System personnel with the requisite expertise to evaluate such a study.

Upon receipt of DHS's report, the bill requires the PSC to promulgate rules

specifying the setback requirements that a city, village, town, or county may impose

on the installation and use of a wind energy system. The rules must be based on the

findings of the study that is the subject of the report. As under current law, the bill

prohibits a city, village, town, or county from imposing a setback requirement that

is more restrictive than the PSC's rules.

The bill also prohibits a person from commencing construction of a large wind

energy system prior to the effective date of the rules required under the bill. The bill

defines "large wind energy system" as a wind energy system that: 1) has a total

installed nameplate capacity of more than 300 kilowatts; and 2) consists of

individual wind turbines that have an installed nameplate capacity of more than 100

kilowatts. This prohibition applies notwithstanding the approval of a large wind

energy system by a city, village, town, or county. The bill includes legislative findings