AB899,2,103 66.0401 (1m) Authority to restrict systems limited. (intro.) No county, city,
4town, or village political subdivision may place any restriction, either directly or in
5effect, on the installation or use of a wind energy system that is more restrictive than
6the rules promulgated by the commission under s. 196.378 (4g) (b). No political
7subdivision may place any restriction, either directly or in effect, on the installation
8or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy
9system, as defined in s. 66.0403 (1) (m), unless the restriction satisfies one of the
10following conditions:

AB899,2,1212 66.0401 (1e) Definitions. In this section:

AB899,3,3

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1(a) "Application for approval" means an application for approval of a wind
2energy system under rules promulgated by the commission under s. 196.378 (4g) (c)
31.

AB899,3,44 (b) "Commission" means the Public Service Commission.

AB899,3,65 (c) "Large wind energy system" means a wind energy system that has a nominal
6capacity of at least one megawatt.

AB899,3,77 (d) "Municipality" means a city, village, or town.

AB899,3,88 (e) "Political subdivision" means a city, village, town, or county.

AB899,3,99 (f) "Wind energy system" has the meaning given in s. 66.0403 (1) (m).

AB899,3,2011 66.0401 (2) Authority to require trimming of blocking vegetation. A county,
12city, village, or town Subject to sub. (6) (a), a political subdivision may provide by
13enact an ordinance for relating to the trimming of vegetation that blocks solar
14energy, as defined in s. 66.0403 (1) (k), from a collector surface, as defined under s.
15700.41 (2) (b), or that blocks wind from a wind energy system, as defined in s. 66.0403
16(1) (m). The ordinance may include, but is not limited to, a designation of
17responsibility for the costs of the trimming. The ordinance may not require the
18trimming of vegetation that was planted by the owner or occupant of the property on
19which the vegetation is located before the installation of the solar or wind energy
20system.

AB899,4,222 66.0401 (3) Testing activities. A political subdivision may not prohibit or
23restrict any person from conducting testing activities to determine the suitability of
24a site for the placement of a wind energy system. A political subdivision objecting

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1to such testing may petition the commission to impose reasonable restrictions on the
2testing activity.

AB899,4,134 66.0401 (4) Local procedure. (a) A political subdivision that receives an
5application for approval shall determine whether it is complete and, no later than 45
6days after the application is filed, notify the applicant about the determination. If
7the political subdivision determines that the application is incomplete, the notice
8shall state the reason for the determination. An applicant may supplement and
9refile an application that the political subdivision has determined to be incomplete.
10There is no limit on the number of times that an applicant may refile an application
11for approval. If the political subdivision fails to determine whether an application
12for approval is complete within 45 days after the application is filed, the application
13shall be considered to be complete.

AB899,4,1914 (b) A political subdivision shall make a record of its decision making on an
15application for approval, including a recording of any public hearing, copies of
16documents submitted at any public hearing, and copies of any other documents
17provided to the political subdivision in connection with the application for approval.
18The political subdivision's record shall conform to the commission's rules
19promulgated under s. 196.378 (4g) (c) 2.

AB899,4,2320 (c) A political subdivision shall base its decision on an application for approval
21on written findings of fact that are supported by the evidence in the record under par.
22(b). A political subdivision's procedure for reviewing the application for approval
23shall conform to the commission's rules promulgated under s. 196.378 (4g) (c) 3.

AB899,5,324 (d) Except as provided in par. (e), a political subdivision shall approve or
25disapprove an application for approval no later than 90 days after the day on which

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1it notifies the applicant that the application for approval is complete. If a political
2subdivision fails to act within the 90 days, or within any extended time period
3established under par. (e), the application is considered approved.

AB899,5,74 (e) A political subdivision may extend the time period in par. (d) if, within that
590-day period, the political subdivision authorizes the extension in writing. Any
6combination of the following extensions may be granted, except that the total amount
7of time for all extensions granted under this paragraph may not exceed 90 days:

AB899,5,98 1. An extension of up to 45 days if the political subdivision needs additional
9information to determine whether to approve or deny the application for approval.

AB899,5,1110 2. An extension of up to 90 days if the applicant makes a material modification
11to the application for approval.

AB899,5,1312 3. An extension of up to 90 days for other good cause specified in writing by the
13political subdivision.

AB899,5,1614 (f) A political subdivision may not deny or impose a restriction on an application
15for approval unless the political subdivision enacts an ordinance that is no more
16restrictive than the rules the commission promulgates under s. 196.378 (4g) (b).

AB899,5,1917 (g) A political subdivision that chooses to regulate wind energy systems shall
18enact an ordinance, subject to sub. (6) (b), that is consistent with the applicable
19standards established by the commission in rules promulgated under s. 196.378 (4g).

AB899,5,2321 66.0401 (5) Public service commission review. (a) The decision of a political
22subdivision to approve, reject, or impose a restriction upon a large wind energy
23system may be appealed only as provided in this subsection.

AB899,6,524 (b) 1. Any aggrieved person seeking to appeal a decision of a political
25subdivision to approve, reject, or impose a restriction upon a large wind energy

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1system may begin the political subdivision's administrative review process. If the
2person is still aggrieved after the administrative review is completed, the person may
3file an appeal with the commission. No appeal to the commission under this
4subdivision may be filed later than 30 days after the political subdivision has
5completed its administrative review process.

AB899,6,116 2. Rather than beginning an administrative review under subd. 1., an
7aggrieved person seeking to appeal a decision of a political subdivision to approve,
8reject, or impose a restriction upon a large wind energy system may file an appeal
9directly with the commission. No appeal to the commission under this subdivision
10may be filed later than 30 days after the decision of the political subdivision to
11approve, reject, or impose a restriction upon the large wind energy system.

AB899,6,1512 (c) Upon receiving an appeal under par. (b), the commission shall notify the
13political subdivision. The political subdivision shall provide a certified copy of the
14record upon which it based its decision, and of any other relevant governmental
15records the commission may request, within 30 days after receiving notice.

AB899,6,2416 (d) The commission may confine its review to the records it receives from the
17political subdivision or, if it finds that additional information would be relevant to
18its decision, expand the record it reviews. The commission shall issue a decision
19within 90 days after the date on which it receives all of the records it requests under
20par. (c), unless for good cause the commission extends this time period in writing.
21If the commission determines that the political subdivision's decision does not
22comply with the rules it promulgates under s. 196.378 (4g) or is otherwise
23unreasonable, the political subdivision's decision shall be superseded by the
24commission's decision and the commission may order an appropriate remedy.

AB899,7,4

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1(e) Judicial review is not available until the commission issues its decision
2under par. (d). Judicial review shall be of the commission's decision, not of the
3political subdivision's decision. The commission's decision is subject to judicial
4review under ch. 227. Injunctive relief is available only as provided in s. 196.43.

AB899,7,86 66.0401 (6) Applicability of a county ordinance. (a) 1. A county ordinance
7enacted under sub. (2) applies only to the towns in the county that have not enacted
8an ordinance under sub. (2).