Wisconsin Administrative Code › Public Service Commission › Chapter PSC 128 - Wind energy systems › Subchapter III - Political Subdivision Procedure › Section PSC 128.33 - Political subdivision permitted provisions

Current through June 24, 2024
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:
(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.
(2) STUDIES. Require an
				owner to cooperate with any study of the effects of wind energy systems
				coordinated by a state agency.
(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.
(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:
(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.
(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.