LRB-4265/1
EHS:amn
2021 - 2022 LEGISLATURE
March 9, 2022 - Introduced by Senator Smith. Referred to Committee on Natural
Resources and Energy.
SB1086,1,4
1An Act to create 196.49 (4m) and 196.491 (3) (d) 9. of the statutes;
relating to:
2the use of reclaimed nonmetallic mining sites for construction of solar projects
3requiring a certificate of public convenience and necessity or a certificate of
4authority from the Public Service Commission.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from beginning construction of a large electric
generating facility (LEGF) unless the Public Service Commission grants a certificate
of public convenience and necessity (CPCN) for the proposed facility. An LEGF is
defined as a facility with a nominal operating capacity of 100 megawatts or more.
In addition, a public utility may not engage in certain construction, expansion, or
other projects unless PSC grants a certificate of authority (CA) for the proposed
project. Current law prohibits PSC from issuing either a CPCN or a CA unless it
determines that brownfields are used to the extent practicable. This bill requires
that, for solar projects, PSC may not issue a CPCN or CA unless it determines that
reclaimed nonmetallic mining sites are used to the extent practicable. The bill
specifies that the reclamation must have occurred no earlier than 2010. Under the
bill, a solar project is the construction or installation of solar photovoltaic panels or
other devices used for collecting solar energy in order to generate electricity.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB1086,1
1Section
1. 196.49 (4m) of the statutes is created to read:
SB1086,2,22
196.49
(4m) (a) In this subsection:
SB1086,2,63
1. “Reclaimed nonmetallic mining site” means a nonmetallic mining site, as
4defined in s. 295.11 (6), for which nonmetallic mining reclamation, as defined in s.
5295.11 (4), has been completed according to the standards and requirements under
6s. 295.12 no earlier than 2010.
SB1086,2,97
2. “Solar project” means the construction or installation of solar photovoltaic
8panels or other devices used for collecting solar energy in order to generate
9electricity.
SB1086,2,1210
(b) The commission may not issue a certificate under sub. (1), (2), or (3) for a
11solar project and associated facilities unless the commission determines that
12reclaimed nonmetallic mining sites are used to the extent practicable.
SB1086,2
13Section
2. 196.491 (3) (d) 9. of the statutes is created to read:
SB1086,2,1614
196.491
(3) (d) 9. For a solar project, as defined in s. 196.49 (4m) (a) 2.,
15reclaimed nonmetallic mining sites, as defined in s. 196.49 (4m) (a) 1., are used to the
16extent practicable.
