Chapter PSC 128

PSC 128.32(4) (4) Effect of ownership change on approval. Approval by a political subdivision of a wind energy system remains in effect if there is a change in the owner of the wind energy system. A political subdivision may require an owner to provide timely notice of any change in the owner of the wind energy system.

PSC 128.32(5) (5) Fees.

PSC 128.32(5)(a) (a) A political subdivision may charge an owner a reasonable application fee or require an owner to reimburse the political subdivision for reasonable expenses relating to the review and processing of an application for a wind energy system.

PSC 128.32(5)(b) (b) A political subdivision’s fee or reimbursement requirement under par. (a) shall be based on the actual and necessary cost of the review of the wind energy system application, and may include the cost of services necessary to review an application that are provided by outside engineers, attorneys, planners, environmental specialists, and other consultants or experts. The political subdivision may by ordinance set standardized application fees based on the size and complexity of a proposed wind energy system.

PSC 128.32(5)(c) (c) A political subdivision may require an owner of a wind energy system to submit up to 50 percent of the total estimated amount of the fee or reimbursement for the wind energy system application under par. (a) before issuing a written decision under sub. (3) (a), if the political subdivision gives written notice to the owner of its intent to do so within 10 days of the date the application is deemed complete and the notice contains an estimate of the amount of the fee and the relevant reimbursement requirements.

PSC 128.32(5)(d) (d) A political subdivision may not charge an owner an annual fee or other recurring fees to operate or maintain a wind energy system.

PSC 128.32 Note Note: See also s. 66.0628 (2), Stats., which requires any fee imposed by a political subdivision to bear a reasonable relationship to the service for which the fee is imposed.

PSC 128.32 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.33 PSC 128.33 Political subdivision permitted provisions. A political subdivision may do any of the following in an ordinance or establish any of the following as a condition for approval of an application to construct a wind energy system:

PSC 128.33(1) (1) Information. Require information about whether an owner has consulted with and received any non-binding recommendations for constructing, operating or decommissioning the wind energy system from a state or federal agency, and whether the owner has incorporated such non-binding recommendations into the design of the wind energy system.

PSC 128.33(2) (2) Studies. Require an owner to cooperate with any study of the effects of wind energy systems coordinated by a state agency.

PSC 128.33(3) (3) Monetary compensation. Require an owner of a wind energy system to offer an agreement that includes annual monetary compensation to the owner of a nonparticipating residence, if the residence is located within 0.5 mile of a constructed wind turbine. For one turbine located within 0.5 mile of a nonparticipating residence, the initial annual monetary compensation may not exceed $600. For two turbines located within 0.5 mile of a nonparticipating residence, the initial annual monetary compensation may not exceed $800. For three or more turbines located within 0.5 mile of a nonparticipating residence, the initial annual monetary compensation may not exceed $1,000. The initial annual monetary compensation under this subsection shall apply to agreements entered into in 2011. For agreements entered into in 2012 and thereafter, the initial annual amounts shall increase each year by the greater of two percent or the increase in the Consumer Price Index, as described in s. 196.374 (5) (bm) 2. b., Stats., from the previous year. An agreement offered under this subsection shall specify in writing any waiver of a requirement or right under this chapter and whether the landowner’s acceptance of payment establishes the landowner’s property as a participating property under this chapter.

PSC 128.33(3m) (3m) Aerial spraying. Require an owner of a wind energy system to offer an agreement that includes monetary compensation to a farm operator farming on a nonparticipating property located within 0.5 mile of a constructed wind turbine if the farm operator demonstrates all of the following:

PSC 128.33(3m)(a) (a) Substantial evidence of a history, before the wind energy system owner gives notice under s. PSC 128.105 (1), of using aerial spraying for pest control or disease prevention for growing potatoes, peas, snap beans or sweet corn on all or part of a farm field located within 0.5 mile of a constructed wind turbine.

PSC 128.33(3m)(b) (b) A material reduction in potato, pea, snap bean or sweet corn production or a material increase in application costs on all or part of a farm field located within 0.5 mile of a constructed wind turbine as a result of the wind energy system’s effect on aerial spraying practices.

PSC 128.33(4) (4) Permits. Require the owner to submit to the political subdivision copies of all necessary state and federal permits and approvals.

PSC 128.33(5) (5) Annual reports. Require the owner to file an annual report with the political subdivision documenting the operation and maintenance of the wind energy system during the previous calendar year.

PSC 128.33 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.34 PSC 128.34 Record of decision.

PSC 128.34(1) (1) Recordkeeping.

PSC 128.34(1)(a) (a) A political subdivision shall keep a complete written record of its decision-making relating to an application for a wind energy system.

PSC 128.34(1)(b) (b) If a political subdivision denies an application, the political subdivision shall keep the record for at least 7 years following the year in which it issues the decision.

PSC 128.34(1)(c) (c) If a political subdivision approves an application, the political subdivision shall keep the record for at least 7 years after the year in which the wind energy system is decommissioned.

PSC 128.34(2) (2) Record contents. The record of a decision shall include all of the following:

PSC 128.34(2)(a) (a) The approved application and all additions or amendments to the application.

PSC 128.34(2)(b) (b) A representative copy of all notices issued under ss. PSC 128.105 (1) (a), 128.30 (5), and 128.42 (1).

PSC 128.34(2)(c) (c) A copy of any notice or correspondence that the political subdivision issues related to the application.

PSC 128.34(2)(d) (d) A record of any public meeting under s. PSC 128.30 (6) (c) and any hearing related to the application. The record may be an electronic recording, a transcript prepared from an electronic recording, or a transcript prepared by a court reporter or stenographer. The record shall include any documents or evidence submitted by meeting or hearing participants.

PSC 128.34(2)(e) (e) Copies of any correspondence or evidentiary material that the political subdivision considered in relation to the application, including copies of all written public comments filed under s. PSC 128.30 (6) (b).

PSC 128.34(2)(f) (f) Minutes of any political subdivision, board, council or committee meetings held to consider or act on the application.

PSC 128.34(2)(g) (g) A copy of the written decision under s. PSC 128.32 (3) (a).

PSC 128.34(2)(h) (h) Other materials that the political subdivision prepared to document its decision-making process.

PSC 128.34(2)(i) (i) A copy of any political subdivision ordinance cited in or applicable to the decision.

PSC 128.34(3) (3) Post-construction filing requirement. Within 90 days of the date a wind energy system commences operation, the owner shall file with the political subdivision and the commission an as-built description of the wind energy system, an accurate map of the wind energy system showing the location of all wind energy system facilities, geographic information system information showing the location of all wind energy system facilities and current information identifying the owner of the wind energy system. An owner shall in the filings under this subsection label each wind turbine location with a unique identifier consistent with the information posted at the wind turbine location under s. PSC 128.18 (1) (g).

PSC 128.34 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.35 PSC 128.35 Modifications to an approved wind energy system.

PSC 128.35(1) (1) Material change.

PSC 128.35(1)(a) (a) An owner may not make a material change in the approved design, location or construction of a wind energy system without the prior written approval of the political subdivision that authorized the wind energy system, unless the political subdivision automatically approves the material change by taking either of the steps specified in s. PSC 128.32 (2) (b) 1. or 2.

PSC 128.35(1)(b) (b) An owner shall submit an application for a material change to an approved wind energy system to the political subdivision that authorized the wind energy system.

PSC 128.35(2) (2) Review limited.

PSC 128.35(2)(a) (a) A political subdivision that receives an application for a material change to a wind energy system under sub. (1) (b) may not reopen the merits of the earlier approval but shall consider only those issues relevant to the proposed change.

PSC 128.35(2)(b) (b) An application for a material change is subject to ss. PSC 128.30 (1), (3) to (5), (6) (a) and (b), and (7) and 128.31 to 128.34.

PSC 128.35(2)(c) (c) An application for a material change shall contain information necessary to understand the material change.

PSC 128.35(2)(d) (d) A political subdivision may hold at least one public meeting to obtain comments on and to inform the public about a proposed material change to an approved wind energy system.

PSC 128.35 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.36 PSC 128.36 Monitoring compliance.

PSC 128.36(1) (1) Monitoring procedure. A political subdivision may establish a procedure to monitor compliance by the owner with any condition on an approved wind energy system or to assess when wind energy system facilities are not maintained in good repair and operating condition. The procedure may include timelines, provide for payment of reasonable fees for conducting an assessment, and provide for notification to the public.

PSC 128.36(2) (2) Third-party inspector during construction. A political subdivision may require an owner to pay a reasonable fee for a third-party inspector to monitor and report to the political subdivision regarding the owner’s compliance with permit requirements during construction. An inspector monitoring compliance under this subsection shall also report to a state permitting authority upon the state permitting authority’s request.

PSC 128.36 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

subch. IV of ch. PSC 128 Subchapter IV — Complaints

PSC 128.40 PSC 128.40 Complaint process.

PSC 128.40(1) (1) Making a complaint.

PSC 128.40(1)(a) (a) An aggrieved person may make a complaint regarding failure by an owner to comply with an obligation under this chapter or an ordinance adopted under this chapter.

PSC 128.40(1)(b) (b) A complaint under par. (a) shall be made first to the owner of the wind energy system pursuant to a complaint resolution process developed by the owner.

PSC 128.40(1)(c) (c) A complainant may petition the political subdivision for review of a complaint that is not resolved within 45 days of the day the owner receives the original complaint.

PSC 128.40(1)(d) (d) A political subdivision’s decision under par. (c) is subject to review under s. 66.0401 (5), Stats.

PSC 128.40(2) (2) Complaint resolution.

PSC 128.40(2)(a) (a) An owner shall use reasonable efforts to resolve complaints regarding a wind energy system and shall investigate complaints regarding a wind energy system at the owner’s expense.

PSC 128.40(2)(b) (b) Upon receipt of a complaint, an owner shall provide the complainant with a copy of the notice described in s. PSC 128.42 (1). Within 30 days of receiving a complaint, an owner shall provide an initial response to the complainant.

PSC 128.40(2)(c) (c) An owner shall make a good faith effort to resolve complaints within 45 days of receiving a complaint. An owner shall notify a political subdivision of complaints that have not been resolved within 45 days of the date the owner received the original complaint.

PSC 128.40(2)(d) (d) An owner shall maintain a log of all complaints received regarding the wind energy system. The owner shall include in the log the name and address of each complainant, the nature of each complaint, and the steps taken to resolve each complaint. An owner shall provide a copy of a complaint log monthly, at no cost, either to a monitoring committee established under s. PSC 128.41 or, if a monitoring committee has not been established, to the political subdivision. An owner shall make any complaint log available to the commission upon request.

PSC 128.40(2)(e) (e) An owner shall develop a complaint resolution process that is consistent with this subsection.

PSC 128.40 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.41 PSC 128.41 Monitoring committee.

PSC 128.41(1) (1) Committee. Except as provided in sub. (3), a political subdivision may establish a monitoring committee to oversee resolution of complaints regarding a wind energy system. A monitoring committee shall include on the committee a member who is a local employee of an owner of a wind energy system and, if in existence, at least one nonparticipating landowner residing in the political subdivision within 0.5 mile of a wind turbine that is located in the political subdivision.

PSC 128.41(2) (2) Duties. A monitoring committee established under sub. (1) may do any of the following:

PSC 128.41(2)(a) (a) Maintain a record of all complaints brought to it.

PSC 128.41(2)(b) (b) Require the owner to provide the committee with information regarding the owner’s response to any complaint forwarded to the owner by the committee.

PSC 128.41(2)(c) (c) Recommend to the political subdivision a reasonable resolution to a complaint based upon the information gathered by the committee.

PSC 128.41(3) (3) Multiple jurisdictions. If a wind energy system is located in more than one political subdivision with jurisdiction over the wind energy system and multiple political subdivisions decide to establish a monitoring committee, the political subdivisions shall jointly establish a single monitoring committee to oversee resolution of complaints regarding the wind energy system.

PSC 128.41 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.42 PSC 128.42 Notice to property owners and residents.

PSC 128.42(1) (1) Notice of process for making complaints. Before construction of a wind energy system begins, an owner shall provide written notice of the process for making complaints and obtaining mitigation measures to all residents and landowners within 0.5 mile of any wind energy system facility. An owner shall include in the notice the requirements under s. PSC 128.40 (1) for submitting a complaint to the owner, a petition for review to the political subdivision, and an appeal to the commission, and shall include a contact person and telephone number for the owner for receipt of complaints or concerns during construction, operation, maintenance and decommissioning.

PSC 128.42(2) (2) Notice to political subdivision. An owner shall provide a copy of the notice under sub. (1) to any political subdivision with jurisdiction over the wind energy system, and the owner shall keep the contact person and telephone number current and on file with the political subdivision.

PSC 128.42 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

subch. V of ch. PSC 128 Subchapter V — Commission Procedure

PSC 128.50 PSC 128.50 Standards established by the commission.

PSC 128.50(1) (1) Detailed application filing requirements. The commission shall establish detailed application filing requirements for applications filed for political subdivision review of a wind energy system, which shall contain a detailed description of the information required to satisfy the filing requirements for applications under s. PSC 128.30 (2). The commission may revise these requirements as necessary. The commission shall make the filing requirements available to the public on the commission’s website.

PSC 128.50(2) (2) Commission protocols.

PSC 128.50(2)(a) (a) The commission may periodically create and revise measurement, compliance, and testing protocols as needed to provide standards for evaluating compliance with this chapter. These protocols may be created and revised to reflect current industry practice, changes in the state of the art, and implementation of new technologies. The commission may make protocols under this subsection available to the public on the commission’s website.

PSC 128.50(2)(b) (b) The commission may establish protocols in any of the following areas:

PSC 128.50(2)(b)1. 1. Noise measurement, compliance and mitigation.

PSC 128.50(2)(b)2. 2. Stray voltage testing and remediation.

PSC 128.50(2)(b)3. 3. Shadow flicker compliance and mitigation.

PSC 128.50(2)(b)4. 4. Communications interference testing and mitigation.

PSC 128.50(2)(b)5. 5. Other areas where protocols are appropriate.

PSC 128.50 History History: CR 10-057: cr. Register February 2011 No. 662, eff. 3-1-11.

PSC 128.51 PSC 128.51 Commission review.

PSC 128.51(1) (1) Appeals to the commission. An appeal under s. 66.0401 (5) (b), Stats., shall be treated as a petition to open a docket under s. PSC 2.07, except the time provisions of that section do not apply.