Wind Policy in Wisconsin
Environmental Review of Energy Projects
Wind Siting
Wisconsin State Statutes Referencing Wind Energy Systems
Environmental Review
COOPERATIVE AGREEMENT BETWEEN WISCONSIN DEPARTMENT OF NATURAL RESOURCES AND PUBLIC SERVICE COMMISSION OF WISCONSIN for the review and approval of energy construction projects.
The goal of this agreement and the liaison procedures is to ensure that the review of proposed energy construction projects (construction projects) proceeds in a timely and efficient manner that assures that energy needs are met and environmental protection is achieved consistent with our respective agency regulatory authorities.
This agreement also specifies procedures to coordinate DNR and PSC compliance with the
Wisconsin Environmental Policy Act (WEPA) in the course of making respective regulatory
decisions regarding construction projects. This agreement supersedes the December 2001 DNR
and PSC Cooperative Agreement with respect to construction projects and remains in effect until
amended or rescinded by the mutual concurrence of the Chairperson of the PSC and the
Secretary of the DNR.
Wind Siting -
(PSCW Active Docket 1-AC-231) See wind siting overview and supporting documents
Wisconsin’s Wind Siting Council is an advisory body created by 2009 Wisconsin Act 40. Act 40 directs the PSC to develop administrative rules that specify the restrictions that may be imposed on the installation or use of wind energy systems. The new law also required the PSC to appoint a Wind Siting Council that will advise the PSC as it develops uniform wind siting standards for Wisconsin.
Act 40
I. General requirement for rules
Under Wis. Stat. § 196.378(4g)(b), the Public Service Commission of Wisconsin (Commission)
shall, with the advice of the Wind Siting Council promulgate rules that specify the restrictions
that a political subdivision (a city, village, town or county) may impose on the installation or use
of a wind energy system consistent with the conditions specified in Wis. Stat. § 66.0401(1m) (a)
to (c).
Wisconsin Stat. § 66.0401(1m) reads:
66.0401(1m) Authority to restrict systems limited. No political subdivision may place any restriction,
either directly or in effect, on the installation or use of a wind energy system that is more restrictive than
the rules promulgated by the commission under s. 196.378 (4g) (b). No political subdivision may place any
restriction, either directly or in effect, on the installation or use of a solar energy system, as defined in s.
13.48 (2) (h) 1. g., or a wind energy system, unless the restriction satisfies one of the following conditions:
(a) Serves to preserve or protect the public health or safety.
(b) Does not significantly increase the cost of the system or significantly decrease its efficiency.
(c) Allows for an alternative system of comparable cost and efficiency.
Wisconsin State Statutes Referencing
Wind Energy Systems
| Citation | Authority | Says |
|---|---|---|
WI Statutes |
Favors “all new installed capacity for electric |
|
WI Statutes |
County zoning, board of adjustment; powers of board; to grant special exceptions… |
|
WI Statutes |
Town general zoning authority; provide adequate access… |
|
WI Statutes |
Board of adjustment; powers and duties per 59.694 |
|
WI Statutes |
Authority to restrict systems limited (was renumbered from 66.031) |
|
WI Statutes |
Solar and wind access permits and definitions (was renumbered from 66.032) |
|
WI Statutes |
Exempts wind generators, towers, and associated equipment from general property taxes* |
|
WI Statutes |
Defines “qualified wholesale electric company” as not including those selling less than 95% of power generated or not having a total power production capacity of at least 50 megawatts |
|
WI Statutes |
Defines “wholesale merchant plant, as defined in s. 196.491 (1)(w), as having a total power production capacity of at least 50 megawatts |
|
WI Statutes |
Annual public utility distributions to municipalities and counties for siting alternative energy resource power production plants |
|
WI Statutes |
All restrictions void on platted land that prevent or unduly restrict the construction and operation… |
|
WI Statutes |
Renewable energy resource easements |
|
Admin. Code: |
Property tax exemption for solar and wind energy systems |
|
Orders 05ER-11, 12 & 13 (paper only) |
PSCW |
Buy back tariff for utilities in orders dated June 21, |
* For larger generators (greater than 50MW aggregated renewable generation, subject to gross receipts tax,
see http://www.legis.state.wi.us/2003/data/acts/03Act31.pdf or Chapter 79 State Revenue Sharing -
http://www.legis.state.wi.us/statutes/Stat0079.pdf
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