LRB-3845/1

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2021 - 2022 LEGISLATURE

2021 Senate BILL 522

August 26, 2021 - Introduced by Senator Cowles, cosponsored by Representatives Oldenburg, Armstrong, Snodgrass, Andraca, Mursau and Baldeh. Referred to Committee on Utilities, Technology and Telecommunications.

SB522,1,4 An Act to renumber 66.0401 (1m) (intro.), (a), (b) and (c); to amend 196.378 (4g) (b); and to create 66.0401 (1m) (am), 196.38, 196.49 (5m) and 196.491 (3) (ds) of the statutes; relating to: establishing solar field designations and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill creates voluntary “pollinator friendly” and “agriculture friendly” designations for ground-mounted photovoltaic solar energy systems (solar installations). Under the bill, the Public Service Commission must designate a solar installation as a pollinator friendly solar installation if various requirements are satisfied, including that the site of the installation is managed to benefit habitat for pollinator species and other wildlife. PSC must consult with the Department of Natural Resources in promulgating rules that establish requirements for being designated as a pollinator friendly solar installation. PSC must also design an official logotype for use by owners or operators of pollinator friendly solar installations, and the logotype may be used to represent that the installation is pollinator friendly.

The bill also requires PSC to designate a solar installation as an agriculture friendly solar installation if various requirements are satisfied, including that the site of the installation is managed to promote agricultural productivity. PSC must consult with the Department of Agriculture, Trade and Consumer Protection in promulgating rules that establish requirements for being designated as an agriculture friendly solar installation. PSC must also design an official logotype for use by owners or operators of agriculture friendly solar installations, and the logotype may be used to represent that the installation is agriculture friendly.

A solar installation that satisfies the pollinator friendly installation requirements and the agriculture friendly installation requirements may receive both designations. Also, under the bill, PSC and cities, villages, towns, and counties may not require as a condition of approving a solar installation that the installation be designated as either a pollinator friendly or agriculture friendly solar installation.

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:

SB522,1 Section 1. 66.0401 (1m) (intro.), (a), (b) and (c) of the statutes are renumbered 66.0401 (1m) (a) (intro.), 1., 2. and 3.

SB522,2 Section 2. 66.0401 (1m) (am) of the statutes is created to read:

SB522,2,7 66.0401 (1m) (am) No political subdivision may require, as a condition of approving an application relating to a solar installation, as defined in s. 196.38 (1), that a solar installation be designated as a pollinator friendly solar installation under s. 196.38 (2) or as an agriculture friendly solar installation under s. 196.38 (3).

SB522,3 Section 3. 196.378 (4g) (b) of the statutes is amended to read:

SB522,3,4 196.378 (4g) (b) The commission shall, with the advice of the wind siting council, promulgate rules that specify the restrictions a political subdivision may impose on the installation or use of a wind energy system consistent with the conditions specified in s. 66.0401 (1m) (a) to (c) 1. to 3. The subject matter of these rules shall include setback requirements that provide reasonable protection from any health effects, including health effects from noise and shadow flicker, associated with wind energy systems. The subject matter of these rules shall also include decommissioning and may include visual appearance, lighting, electrical connections to the power grid, setback distances, maximum audible sound levels, shadow flicker, proper means of measuring noise, interference with radio, telephone, or television signals, or other matters. A political subdivision may not place a restriction on the installation or use of a wind energy system that is more restrictive than these rules.

SB522,4 Section 4. 196.38 of the statutes is created to read: