Assembly Bill 72 – Introduced by Joint Committee for Review of Administrative Rules
Senate Bill 50 – Introduced by Joint Committee for Review of Administrative Rules
Status
Assembly Bill 72 was scheduled for a floor vote and has been referred back to the Assembly Committee on Rules on May 10, 2011.
Senate Bill 50 was referred to the Senate Committee on Senate Organization and is now available for scheduling for a floor vote as of May 10, 2011.
This legislation failed to be enacted into law during the 2011-2012 legislative session.
Summary
Assembly Bill 72 and Senate Bill 50 repeal Clearinghouse Rule 10-057 until the Public Service Commission (PSC) creates rules for a city, village, town or county (political subdivision) to approve wind energy systems as well as rules regarding the enforcement of the restrictions by political subdivisions. The PSC is to submit new rules to the legislative council by September, 2011.
Background
Clearinghouse Rule 10-057 became effective on March 1, 2011. Current law requires the PSC, with the advice of the wind siting council, to create rules that specify the restrictions that a political subdivision may impose on the installation or use of a “wind energy system,” which is defined as equipment and associated facilities that convert and then store or transfer energy from the wind into usable forms of energy. The rules must include certain setback and decommissioning requirements, and may include visual appearances, lighting, electrical connections to the power grid, maximum audible sound levels, shadow flicker, proper means of measuring noise, interference with radio, telephone, or television signals, or other matters. Current law prohibits a political subdivision from imposing a restriction that is more restrictive than the rules.
Position - SUPPORT