AB174: Bill Text

AB174,6,18 66.0401 (5) (a) A decision of a political subdivision to determine that an application is incomplete under sub. (4) (a) (am) 1., or to approve, disapprove, or impose a restriction upon a wind energy system, or an action of a political subdivision to enforce a restriction on a wind energy system, may be appealed only as provided in this subsection.

AB174,6,23 (e) In conducting a review under par. (d), the commission may treat a political subdivision’s determination that an application under sub. (4) (a) (am) 1. is incomplete as a decision to disapprove the application if the commission determines that a political subdivision has unreasonably withheld its determination that an application is complete.

AB174,13 Section 13. 66.0401 (7) to (12) of the statutes are created to read:

AB174,7,5 66.0401 (7) Decommissioning of large wind, large solar, and battery energy systems. A person who submits an application for approval of a large wind energy system, large solar energy system, or battery energy storage system under this section or s. 196.491 (3) shall submit with the application a decommissioning and site restoration plan that includes all of the following:

AB174,7,19 (a) A plan to clear, clean, and remove the foundations of the large wind energy system, solar energy system, or battery energy storage system from the ground to a depth of at least 3 feet below the surface grade of the land in which the foundations are installed on the site within 18 months from the date the large wind energy system, large solar energy system, or battery energy storage system ceases operations, unless otherwise agreed to by the property owner. The date the large wind energy system, large solar energy system, or battery energy storage system ceases operation is the date on which the system is no longer capable of generating or storing electricity in commercial quantities, except when such inability to generate or store electricity is the result of an event of force majeure or when the grantee is in the process of repairing the wind energy system, solar energy system, or battery energy storage system, provided that, in either case, the large wind energy system, large solar energy system, or battery energy storage system resumes generating or storing electricity in commercial quantities within 180 days.

AB174,7,21 (b) A plan to restore the land to a reasonably similar condition as prior to the commencement of construction.

AB174,8,5 (c) A financial assurance obligation in an amount equal to the estimated cost of decommissioning the large wind energy system, large solar energy system, or battery energy storage system less the salvage value of the components, as calculated by a 3rd-party licensed engineer. This amount shall be provided in a surety bond, irrevocable line of credit, parent company guarantee, or similar instrument and shall be posted by the 15th anniversary of the start of operations of the large wind energy system, large solar energy system, or battery energy storage system.

AB174,8,15 (8) Visual screening. At the request of the owner of nonparticipating property and prior to the start of operations, a person who has received a certificate of public convenience and necessity under s. 196.491 (3) for a large solar energy system or battery energy storage system and the participating property owner shall, at their joint expense, provide visual screening for nonparticipating residences within 250 feet of the above-ground components of the large solar energy system or battery energy storage system, with a maximum cost of $1,500 per property line. The visual screening may be erected by the large solar energy system owner or battery energy storage system owner, as applicable, or provided as a one- time payment-in-lieu directly to the nonparticipating property owner.

AB174,8,23 (9) Good neighbor agreements. (a) Within 120 days of submitting an application for any approval of a large wind energy system, large solar energy system, or battery energy storage system under this section or s. 196.491 (3), the person proposing the large wind energy system, large solar energy system, or battery energy storage system or that person’s representative shall make no less than three attempts to meet with nonparticipating property owners to disclose and discuss the project and enter into any contractual agreements, unless advised by the contacted property owner to cease contact attempts.

AB174,9,2 (b) An attempt under par. (a) may be made in-person, electronically, or via certified mail.

AB174,9,7 (c) A person proposing a large wind energy system, large solar energy system, or battery energy storage system shall make commercially reasonable attempts to reach agreements with nonparticipating property owners, and nonparticipating property owners shall accept or deny any such contractual agreements no later than 45 days after receiving an offer.

AB174,9,11 (d) Payments made pursuant to a contractual agreement under par. (c) shall be contingent upon the person proposing the project receiving all required approvals for construction of the large wind energy system, large solar energy system, or battery energy storage system.

AB174,9,19 (10) Economic development agreements. (a) No later than 45 days before a person submits an application for approval of a large wind energy system, large solar energy system, or battery energy storage system under s. 196.491 (3), if required, the person shall submit a written notice indicating the person's interest in entering into an economic development agreement to each political subdivision in which the proposed facility would be located and shall take all commercially reasonable efforts to negotiate an economic development agreement with each political subdivision.

AB174,9,21 (b) An economic development agreement under this subsection may include any of the following:

AB174,9,22 1. Setbacks and screening from occupied community buildings.

AB174,9,23 2. Road use agreements.

AB174,9,24 3. Decommissioning.

AB174,10,1 4. Drainage infrastructure.

AB174,10,2 5. First responder services and communication.

AB174,10,3 6. Planning and coordination of construction activities.

AB174,10,5 (c) Failure to reach an agreement may not be used as justification for denial of any approval under this section or s.196.491 (3).

AB174,10,10 (11) Drainage plan. A person who seeks approval of a large wind energy system, large solar energy system, or battery energy storage system under this section or s. 196.491 (3) shall submit with its application a drainage plan, which shall include plans to repair or replace any subsurface drainage affected during the construction or decommissioning of the system.

AB174,10,15 (12) Information for property owners and political subdivisions. (a) The public service commission shall create a pamphlet of not more than 2 pages, available on its website, that explains in plain language all provisions under this section and s. 196.491 (3) that relate specifically to large wind energy systems, large solar energy systems, and battery energy storage systems.

AB174,10,21 (b) If the commission receives an application for a certificate of public convenience and necessity under s. 196.491 (3) for a large wind energy system, large solar energy system, or battery energy storage system, the commission shall distribute the pamphlet under par. (a) by mail or electronically to any owner of property on which or adjacent to which the project is proposed to be located and any political subdivision in which the project is proposed to be located.

AB174,14 Section 14. 66.0627 (1) (bk) 2. of the statutes is amended to read:

AB174,11,2 66.0627 (1) (bk) 2. An improvement to a premises that allows for the small scale derivation of electricity from a renewable low-carbon-emission resource listed under s. 196.378 (1) (h).

AB174,15 Section 15. 93.74 of the statutes is created to read:

AB174,11,5 93.74 Purchase of agricultural conservation easements required for large wind, large solar, and battery systems. (1) Definitions. In this section:

AB174,11,8 (a) “Agricultural conservation easement” means a conservation easement, as defined in s. 700.40 (1) (a), the purpose of which is to assure the availability of land for agricultural use.

AB174,11,11 (b) “Agricultural use” has the meaning given in s. 93.73 (1m) (b), except that “agricultural use” does not include use of land on which any of the following is located:

AB174,11,12 1. A wind energy system, as defined in s. 66.0403 (1) (m).

AB174,11,13 2. A solar energy system, as defined in s. 13.48 (2) (h) 1. g.

AB174,11,14 3. A battery energy storage system, as defined in s. 196.491 (1) (ar).

AB174,11,17 (c) “Owner-operator” means a person who has an ownership interest in land and who materially participates in a nonpassive trade or business that engages in an agricultural use on that land.

AB174,11,21 (d) “Prime farmland” means land in use for an agricultural use or in use for a use that has agricultural value including land that is part of a crop rotation or land enrolled in the federal conservation reserve program under 16 USC 3831 et seq. if the land is any of the following:

AB174,11,22 1. Prime farmland under the specifications in 7 CFR 657.5 (a).

AB174,11,23 2. Unique farmland under the specifications in 7 CFR 657.5 (b).

AB174,12,2 3. Additional farmland of statewide importance under the specification in 7 CFR 657.5 (c).

AB174,12,5 (e) “Productivity index” means the national commodity crop productivity index as identified by the natural resources conservation service of the federal department of agriculture.

AB174,12,7 (f) “Purchase cost” means the amount paid to a landowner to acquire an agricultural conservation easement from the landowner.

AB174,12,10 (g) “Specified facility” means a large wind energy system, as defined in s. 66.0401 (1e) (bL), a large solar energy system, as defined in s. 66.0401 (1e) (bk), or a battery energy storage system, as defined in s. 196.491 (1) (ar).

AB174,12,17 (2) Purchase of easement required. (a) 1. An owner of a specified facility that is located on land that has a productivity index of 0.6 or greater and that was prime farmland at the time that the application pursuant to s. 196.491 (3) was filed for the specified facility shall before placing the specified facility in service and, if the land is leased, before renewing a lease or entering into a new lease for land on which the specified facility is located purchase agricultural conservation easements as follows:

AB174,12,22 a. For each acre of land on which the specified facility is located that was prime farmland having a productivity index of 0.8 or greater at the time that the application for the specified facility was filed, the owner shall purchase agricultural conservation easements for 4 acres of prime farmland having a productivity index of 0.8 or greater as provided in par. (b).

AB174,13,3 b. For each acre of land on which the specified facility is located that was prime farmland having a productivity index of not less than 0.6 and not more than 0.8 at the time that the application for the specified facility was filed, the owner shall purchase agricultural conservation easements for 2 acres of prime farmland having a productivity index of 0.6 of greater as provided in par. (b).

AB174,13,10 2. a. An owner of a specified facility that is located on land that was unique farmland under the specifications in 7 CFR 657.5 (b) or additional farmland of statewide importance under the specification in 7 CFR 657.5 (c) at the time that the application pursuant to s. 196.491 (3) was filed for the specified facility shall before placing the specified facility in service and, if the land is leased, before renewing a lease or entering into a new lease for land on which the specified facility is located purchase agricultural conservation easements as provided in par. (b).

AB174,13,18 b. For each acre of land on which a specified facility described in subd. 2. a. is located that was unique farmland under the specifications in 7 CFR 657.5 (b) or additional farmland of statewide importance under the specification in 7 CFR 657.5 (c) at the time that the application for the specified facility was filed, the owner shall purchase as provided in par. (b) agricultural conservation easements for 2 acres of prime farmland that is unique farmland under the specifications in 7 CFR 657.5 (b) or additional farmland of statewide importance under the specification in 7 CFR 657.5 (c) or that has a productivity index of 0.6 or greater.

AB174,13,23 (b) 1. An owner required to purchase agricultural conservation easements under par. (a) shall make commercially reasonable efforts to purchase all of those required agricultural conservation easements on acres of prime farmland that are adjacent to the parcel on which the owner’s specified facility is located and that are owned by an owner-operator.

AB174,14,6 2. If an owner required to purchase agricultural conservation easements under par. (a) is unable to purchase all of those required agricultural conservation easements on acres of prime farmland described in subd. 1., the owner shall make commercially reasonable efforts to purchase the remaining agricultural conservation easements required under par. (a) on acres of prime farmland that are located in the same county as the owner’s specified facility and that are owned by an owner-operator.

AB174,14,13 3. If an owner required to purchase agricultural conservation easements under par. (a) is unable to purchase all of those required agricultural conservation easements on acres of prime farmland described in subd. 1. or 2., the owner shall make commercially reasonable efforts to purchase the remaining agricultural conservation easements required under par. (a) on acres of prime farmland that are located in a county that is adjacent to the county in which the owner’s specified facility located and that are owned by an owner-operator.

AB174,14,19 4. If an owner required to purchase agricultural conservation easements under par. (a) is unable to purchase all of those required agricultural conservation easements on acres of prime farmland described in subd. 1., 2., or 3., the owner shall make commercially reasonable efforts to purchase the remaining agricultural conservation easements required under par. (a) on acres of prime farmland that are adjacent to the parcel on which the owner’s specified facility is located.

AB174,15,2 5. If an owner required to purchase agricultural conservation easements under par. (a) is unable to purchase all of those required agricultural conservation easements on acres of prime farmland described in subd. 1., 2., 3., or 4., the owner shall make commercially reasonable efforts to purchase the remaining agricultural conservation easements required under par. (a) on acres of prime farmland that are located in the same county as the owner’s specified facility.

AB174,15,9 6. If an owner required to purchase agricultural conservation easements under par. (a) is unable to purchase all of those required agricultural conservation easements on acres of prime farmland described in subd. 1., 2., 3., 4., or 5., the owner shall make commercially reasonable efforts to purchase the remaining agricultural conservation easements required under par. (a) on acres of prime farmland that are located in a county that is adjacent to the county in which the owner’s specified facility is located.

AB174,15,15 7. If an owner required to purchase agricultural conservation easements under par. (a) is unable to purchase all of those required agricultural conservation easements on acres of prime farmland described in subd. 1., 2., 3., 4., 5., or 6., the owner shall make commercially reasonable efforts to purchase the remaining agricultural conservation easements required under par. (a) on acres of prime farmland that are located in this state.

AB174,15,17 (c) 1. The purchase cost of an agricultural conservation easement purchased pursuant to par. (a) shall be $2,500 for each acre.

AB174,15,21 2. The purchase cost of an agricultural conservation easement purchased pursuant to par. (a) shall be paid to the landowner in equal payments made over 5 years, beginning with the year in which the specified facility for which that easement is purchased pursuant to par. (a) is placed in service.

AB174,15,23 (d) 1. An agricultural conservation easement purchased pursuant to par. (a) shall satisfy all of the following:

AB174,16,2 a. The easement shall prohibit the land subject to the easement from being developed for a use that would make the land unavailable or unsuitable for agricultural use.

AB174,16,4 b. The easement shall include a provision that authorizes the department, on behalf of this state, to bring an action to enforce or defend the easement.

AB174,16,6 2. An agricultural conservation easement purchased pursuant to par. (a) shall terminate at the one of the following, whichever is earliest:

AB174,16,8 a. The end of the lease term for the land on which is located the specified facility for which the easement is purchased pursuant to par. (a).

AB174,16,10 b. The termination of the lease for the land on which is located the specified facility for which the easement is purchased pursuant to par. (a).

AB174,16,12 c. The decommissioning of the specified facility for which the easement is purchased pursuant to par. (a).

AB174,16,17 (3) Splitting of facilities prohibited. An owner of a proposed specified facility may not separate the proposed specified facility into multiple specified facilities to decrease the nominal capacity of each of the specified facilities below 100 megawatts to construct the specified facilities without complying with the requirements under this section.

AB174,16,21 (4) Recording; enforcement; transfers. (a) Upon purchase of an agricultural conservation easement pursuant to sub. (2) (a), the holder shall promptly record the easement with the register of deeds of the county in which the land subject to the easement is located.

AB174,16,24 (b) The department may enforce and defend an agricultural conservation easement purchased pursuant to sub. (2) (a) and may, on behalf of this state, bring an action to enforce or defend such an easement.

AB174,17,3 (c) The transfer of a holder’s interest in an agricultural conservation easement purchased pursuant to sub. (2) (a) does not affect the department’s authority to bring an action to enforce the agricultural conservation easement.

AB174,17,5 (d) A holder of an agricultural conservation easement purchased pursuant to sub. (2) (a) may not terminate the easement except as provided under sub. (2) (d) 2.

AB174,17,10 (e) If an owner of a specified facility that is required to purchase an agricultural conservation easement under sub. (2) (a) transfers ownership of the specified facility, the owner shall also transfer all agricultural conservation easements purchased for the specified facility that are held by the owner to the person to which the specified facility is transferred.

AB174,16 Section 16. 114.135 (7) of the statutes is renumbered 114.135 (7) (b) (intro.) and amended to read:

AB174,17,15 114.135 (7) (b) (intro.) For the purposes of sub. (6), the power and authority to control the erection of buildings, structures, towers, and other objects by the secretary of transportation shall be limited to those objects all of the following:

AB174,17,17 1. An object that would either extend to a height of more than 500 feet above the ground or surface of the water within one mile of the location of the object, or.

AB174,17,20 2. An object that would extend above a height determined by the ratio of one foot vertical to 40 feet horizontal measured from the nearest boundary of the nearest public airport or spaceport within the state; however, this.

AB174,18,2 (c) The power and authority under par. (b) shall not extend to objects of less than 150 feet in height above the ground or water level at the location of the object or to objects located within areas zoned under s. 114.136 or to objects located within areas zoned under s. 62.23 (7) where the zoning ordinance enacted under said subsection controls the height of structures.

AB174,17 Section 17. 114.135 (7) (a) of the statutes is created to read:

AB174,18,4 114.135 (7) (a) In this subsection:

AB174,18,6 1. “High-voltage transmission line tower” means a tower used to support a high-voltage transmission line, as defined in s. 196.491 (1) (f).

AB174,18,10 2. “Light-mitigating technology system” means aircraft detection lighting or any other comparable system capable of reducing the impact of obstruction lighting while maintaining conspicuity sufficient to assist aircraft in identifying and avoiding collision with a structure.

AB174,18,13 3. “Utility structure” means a high-voltage transmission line tower or a wind energy system that meets the criteria that would require submittal of a notice to the federal aviation administration under 14 CFR 77.9.

AB174,18,14 4. “Wind energy system” has the meaning given in s. 66.0403 (1) (m).

AB174,18 Section 18. 114.135 (7) (b) 3. of the statutes is created to read:

AB174,18,16 114.135 (7) (b) 3. A utility structure.

AB174,19 Section 19. 114.135 (7) (d) of the statutes is created to read:

AB174,19,2 114.135 (7) (d) 1. The secretary may not issue a permit under sub. (6) for a utility structure placed in service on or after the effective date of this subdivision .... [LRB inserts date], under par. (b) 3. unless the applicant has received federal aviation administration approval to install a light-mitigating technology system on the utility structure and the permit under sub. (6) includes as a condition that the applicant install the light-mitigating technology system no later than 24 months after issuance of the permit.

AB174,19,14 2. No person may install a light-mitigating technology system on a utility structure unless the person is approved by the federal aviation administration to perform that installation. A person who is selected to install a light-mitigating technology system on a utility structure required under subd. 1. shall provide notice to the department and to the city, village, or town in which the utility structure is located, in the form and manner prescribed by the department, of the progress of the installation. If the installation is delayed beyond the 24-month installation requirement under subd. 1., the installer shall provide an update to the department and to the city, village, or town in which the utility structure is located on the reasons for the delay and the current status of the installation not less than once every 3 months. The department may establish policies and procedures to set a uniform schedule for submitting notice and updates pursuant to this subdivision.

AB174,19,19 3. No later than July 1, 2026, the owner of a utility structure placed in service before the effective date of this subdivision .... [LRB inserts date], for which a permit is issued under sub. (6) shall submit a report to the public service commission on the commercial feasibility of installing a light-mitigating technology system on the utility structure.

AB174,20 Section 20. 196.374 (3) (a) of the statutes is amended to read:

AB174,20,6 196.374 (3) (a) In general. The commission shall have oversight of programs under sub. (2). The commission shall maximize coordination of program delivery, including coordination between programs under subs. (2) (a) 1., (b) 1. and 2., and (c) and (7), ordered programs, low-income weatherization programs under s. 16.957, renewable resource low-carbon-emission energy source programs under s. 196.378, and other energy efficiency or renewable resource programs. The commission shall cooperate with the department of natural resources to ensure coordination of energy efficiency and renewable resource programs with air quality programs and to maximize and document the air quality improvement benefits that can be realized from energy efficiency and renewable resource programs.

AB174,21 Section 21. 196.378 (title) of the statutes is repealed and recreated to read:

AB174,20,8 196.378 (title) Low-carbon-emission energy sources.