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12. The commission shall consult with the department of natural resources in
2promulgating rules under this paragraph.
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3. The rules promulgated under this paragraph shall require all of the following
4for a solar installation to be designated as a pollinator friendly solar installation
5under par. (a):
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a. That the site of the installation is managed to benefit habitat for pollinator
7species and other wildlife.
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b. That the site of the installation includes vegetation that assists in controlling
9runoff of water and soil erosion.
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(c) 1. The commission shall design an official logotype appropriate for use by
11owners or operators whose solar installation is designated as a pollinator friendly
12solar installation under par. (a).
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2. An owner or operator of a solar installation designated as a pollinator
14friendly solar installation under par. (a) may use the logotype designed under this
15paragraph and any other materials created by the commission to represent that a
16solar installation is designated as pollinator friendly.
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3. The commission shall prohibit the use of the logotype and materials
18described in subd. 2. to represent that a solar installation is designated as a
19pollinator friendly solar installation unless the solar installation is designated by the
20commission under par. (a).
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21(3) Agriculture friendly solar installation. (a) The commission shall
22designate a solar installation as an agriculture friendly solar installation if the
23installation's owner or operator applies to the commission and all of the following
24apply:
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1. Construction of the installation is complete.
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12. The installation has an electric generating capacity of at least 40 kilowatts.
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3. The application includes the information specified in rules promulgated
3under sub. (4) (b) and any other information that the commission requests.
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4. If the commission requests, a site management plan of the installation is
5prepared.
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5. The installation satisfies requirements established by rule under par. (b).
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(b) 1. The commission shall promulgate rules establishing requirements for
8designating a solar installation as an agriculture friendly solar installation under
9par. (a). The rules promulgated under this paragraph may establish separate
10requirements for installations with an electric generating capacity of 15 megawatts
11or less and for installations with an electric generating capacity of more than 15
12megawatts.
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2. The commission shall consult with the department of agriculture, trade and
14consumer protection in promulgating rules under this paragraph.
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3. The rules promulgated under this paragraph shall require all of the following
16for a solar installation to be designated as an agriculture friendly solar installation
17under par. (a):
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a. The site of the installation is managed to promote agricultural productivity.
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b. The site of the installation is managed to the extent feasible to minimize the
20loss of productive agricultural land on and immediately surrounding the site, such
21as by colocating the installation and agricultural production, incorporating land for
22grazing, placing beehives, reducing runoff or controlling erosion on adjacent
23agricultural land, incorporating setbacks for agricultural activities that are
24necessary only for maintaining the installation and associated infrastructure, or
1providing revenues to agricultural producers who remain in active production after
2the installation is established.
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(c) 1. The commission shall design an official logotype appropriate for use by
4owners or operators whose solar installation is designated as an agriculture friendly
5solar installation under par. (a).
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2. An owner or operator of a solar installation designated as an agriculture
7friendly solar installation under par. (a) may use the logotype designed under this
8paragraph and any other materials created by the commission to represent that a
9solar installation is designated as agriculture friendly.
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3. The commission shall prohibit the use of the logotype and materials
11described in subd. 2. to represent that a solar installation is designated as an
12agriculture friendly solar installation unless the solar installation is designated by
13the commission under par. (a).
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14(4) Administration. (a) The commission may designate a solar installation as
15both a pollinator friendly solar installation under sub. (2) and an agriculture friendly
16solar installation under sub. (3) if the requirements under subs. (2) and (3) are
17satisfied.
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(b) The commission shall promulgate rules that do all of the following:
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1. Establish a process for determining whether an application for a designation
20under this section satisfies the requirements of this section.
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2. Specify the information to be included in an application for a designation
22under this section.
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23Section
5. 196.49 (5m) of the statutes is created to read:
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196.49
(5m) The commission may not require as a condition of obtaining a
25certification or approval under sub. (2) or (3) that a solar installation, as defined in
1s. 196.38 (1), be designated as a pollinator friendly solar installation under s. 196.38
2(2) or as an agriculture friendly solar installation under s. 196.38 (3).
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3Section
6. 196.491 (3) (ds) of the statutes is created to read:
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196.491
(3) (ds) The commission may not require as a condition of obtaining
5a certificate under this subsection that a proposed facility that is a solar installation,
6as defined in s. 196.38 (1), be designated as a pollinator friendly solar installation
7under s. 196.38 (2) or as an agriculture friendly solar installation under s. 196.38 (3).