SB 98

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

the restrictions under the rules to provide reasonable protection from any health

effects associated with wind energy systems, including health effects from noise and

shadow flicker. Under current law, the setback requirements under the rules must

provide such protection. As noted below, the bill eliminates the setback

requirements under the 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. Additionally, the rules must require an owner

or operator of a wind energy system 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.

The bill requires that 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 or receiving the brochure, whichever is later. 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