AB174: Bill Text

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:

AB174,1 Section 1. 1.12 (3) (b) of the statutes is amended to read:

AB174,3,6 1.12 (3) (b) Renewable and nuclear energy resources. It is the goal of the state that, to the extent that it is cost-effective and technically feasible, all new installed capacity for electric generation in the state be based on renewable energy resources, including hydroelectric, wood, wind, solar, refuse, agricultural and biomass energy resources, or nuclear energy.

AB174,2 Section 2. 1.12 (4) (cm) of the statutes is renumbered 1.12 (4) (am).

AB174,3 Section 3. 1.12 (5) (a) of the statutes is amended to read:

AB174,3,14 1.12 (5) (a) In designing all new and replacement energy projects, a state agency or local governmental unit shall rely to the greatest extent feasible on energy efficiency improvements and renewable or nuclear energy resources, if the energy efficiency improvements and renewable or nuclear energy resources are cost-effective and technically feasible and do not have unacceptable environmental impacts.

AB174,4 Section 4. 13.94 (1) (q) of the statutes is created to read:

AB174,4,2 13.94 (1) (q) Conduct audits under s. 196.485 (3r) (c) 1. of 15 percent of transmission facility contracts related to each certificate issued under s. 196.491 (3) that are required to be competitively bid under s. 196.485 (3r) (b), and as the joint legislative audit committee directs, conduct audits of other transmission facility contracts that are required to be competitively bid under s. 196.485 (3r) (b).

AB174,5 Section 5. 16.75 (12) (a) 4. of the statutes is amended to read:

AB174,4,7 16.75 (12) (a) 4. “Renewable Except as provided under par. (e), “renewable resource” has the meaning given in s. 196.378 (1) (h) 1., 1m., or 2. and includes a resource, as defined in s. 196.378 (1) (j), that derives electricity from hydroelectric power.

AB174,6 Section 6. 16.75 (12) (e) of the statutes is renumbered 16.75 (12) (e) 2.

AB174,7 Section 7. 16.75 (12) (e) 1. of the statutes is created to read:

AB174,4,11 16.75 (12) (e) 1. Beginning in 2026, and only for purposes of the report under this paragraph, “renewable resources” also includes nuclear energy resources.

AB174,8 Section 8. 66.0401 (1e) (a) of the statutes is renumbered 66.0401 (4) (ag) and amended to read:

AB174,4,16 66.0401 (4) (ag) “Application In this subsection, “application for approval” means an application for approval of a wind energy system under rules promulgated by the commission under s. 196.378 (4g) (c) 1.

AB174,9 Section 9. 66.0401 (1e) (am), (bk), (bL), (bm), (bn), (bo), (br), (cm) and (cs) of the statutes are created to read:

AB174,4,20 66.0401 (1e) (am) “Battery energy storage system” has the meaning given in s. 196.491 (1) (ar).

AB174,4,22 (bk) “Large solar energy system” means a solar energy system designed for nominal operation at a capacity of 100 megawatts or more.

AB174,4,24 (bL) “Large wind energy system” means a wind energy system designed for nominal operation at a capacity of 100 megawatts or more.

AB174,5,2 (bm) “Nonparticipating property” means real property that is not a participating property.

AB174,5,4 (bn) “Nonparticipating residence” means a residence located on nonparticipating property.

AB174,5,6 (bo) “Occupied community building” means a school, church or similar place of worship, a daycare facility, or a public library.

AB174,5,8 (br) “Participating property” means real property that is the subject of an agreement that does all of the following:

AB174,5,11 1. Provides for the payment of monetary compensation to the landowner from an owner regardless of whether any part of a wind energy system is constructed on the property.

AB174,5,14 2. Specifies in writing any waiver of a requirement or right under this section or rules promulgated thereunder and that the landowner’s acceptance of payment establishes the landowner’s property as a participating property.

AB174,5,21 (cm) “Residence” means a primary or secondary personal residence that is occupied on the date that an application for approval of a wind energy system or solar energy system is filed under this section or s. 196.491 (3), including a manufactured home as defined in s. 101.91 (2), a hospital, community-based residential facility, residential care apartment complex, or similar facility, or a nursing home. “Residence” includes a temporarily unoccupied primary or secondary personal residence. “Residence” does not include any of the following:

AB174,5,23 1. A recreational vehicle, as defined in s. 340.01 (48r), notwithstanding the length of the vehicle.

AB174,5,24 2. A camping trailer, as defined in s. 340.01 (6m).

AB174,6,1 3. A permanently abandoned personal residence.

AB174,6,3 (cs) “Solar energy system” means a solar energy system as defined under s. 13.48 (2) (h) 1. g.

AB174,10 Section 10. 66.0401 (1m) (intro.) of the statutes is amended to read:

AB174,6,11 66.0401 (1m) Authority to restrict systems limited. (intro.) No political subdivision may place any restriction, either directly or in effect, on the installation or use of a wind energy system that is more restrictive than the rules promulgated by the commission under s. 196.378 (4g) (b). No political subdivision may place any restriction, either directly or in effect, on the installation or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, unless the restriction satisfies one of the following conditions:

AB174,11 Section 11. 66.0401 (4) (a) of the statutes is renumbered 66.0401 (4) (am).

AB174,12 Section 12. 66.0401 (5) (a) and (e) of the statutes are amended to read:

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.