SB 491

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 any of

the following: 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 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 imposes additional requirements on the PSC's rules. The bill requires

that, if a PSC rule involves a person who is affected by a wind energy system,

including a rule that requires written notice, the rule must ensure that such a person

includes an "affected owner," which the bill defines as the owner of property located

within one-half mile of property on which a wind energy system is installed or

proposed to be installed. In addition, the rules must allow an affected owner who has

entered into an agreement with an owner or operator of a wind energy system

regarding the installation or use of the wind energy system to terminate the

agreement upon giving written notice of the termination no later than 10 working

days after entering into the agreement. Also, the rules must require any individual

who negotiates an agreement with an affected owner on behalf of an owner or

operator regarding an interest in real estate related to the installation or use of a

wind energy system to make a written disclosure that the individual is licensed as

a real estate broker or is exempt from such licensure. The rules must also require

inclusion of the written disclosure as an addendum to such an agreement.

Additionally, the rules must require an owner or operator to provide a copy of a

brochure prepared by the PSC to an affected owner prior to entering into an

agreement with the affected owner regarding the installation or use of the wind

energy system. The brochure must describe wind energy systems, requirements

under state law applicable to wind energy systems, including any provisions of the

PSC's rules that allow for waiver of any such requirements, and the possible impacts

of wind energy systems on property owners, including affected owners.

In addition, the bill eliminates the requirement for the PSC to promulgate rules

regarding setback requirements, and requires instead that the owners of certain

wind energy systems comply with setback requirements specified in the bill. The