Wisconsin bill would give municipalities a say in wind and solar projects

MADISON, Wis. (WSAW) -The Wisconsin Senate Committee on Utilities, Technology and Tourism heard testimony Tuesday on Senate Bill 3, which would require wind and solar energy projects to receive approval from local municipalities before going before the Public Service Commission.

Currently, wind and solar projects generating less than 100 megawatts only require local approval. Projects above that threshold go through the Public Service Commission.

According to the PSC, commissioners are responsible for independently reviewing the application and the full record of evidence, analyzing and weighing the evidence, and ultimately reaching a decision that complies with state law.

The PSC has 180 days to act on an application unless the commission chair extends the deadline for good cause. If the PSC misses the deadline, the application is automatically approved.

Lawmakers and advocates weigh in

Rep. Karen Hurd, R-Withee, co-authored the Assembly version of the bill. She said the issue is the top concern among her constituents.

“This is the most major issue in my district. There is no other. It is not abortion. It is not all of the issues that we talk about in the state Capitol. None of them are talked about and are so impressed upon their legislators as this particular issue — is having the local control over being able to decide,” Hurd said in her testimony.

She and other legislators have heard from constituents in Marathon and Clark counties about a proposed wind turbine project. The Marathon Wind Farm was initially planned to generate 98 megawatts. The towns of Brighton and Eau Plaine passed ordinances to tighten rules on wind and solar developers. The developer sued the towns, but a Marathon County judge dismissed the lawsuit on procedural grounds last summer. Legal questions remain about the extent of local communities’ authority over such projects.

Alliant Energy ultimately purchased the project and plans to increase power generation to 150 megawatts, which requires the project to go before the Public Service Commission. Alliant plans to file an application for the project this year.

“They don’t have to worry about the locals,” Hurd said.

A few people testified about a project happening in the Town of Morgan in Oconto County under the developer, NextEra, which had a solar project approved last week in the Town of Rome in Adams County.

“If this Senate Bill 3 can give a Democratic voice back to the people in our towns in Wisconsin, then I’m in favor of supporting this bill,” Oconto County board chairman, Dave Behrend said. “The government has completely stepped aside and told the Town of Morgan that in Oconto County, that we need to pay for our own lawyers to stop this NextEra’s large electrical generating facility taking over our towns.”

He said he is barred from entering the courthouse for any meetings related to the project, though did not explain why. He also questioned the PSC’s application review process.

“How can the Public Service Commission office approve equipment studies when a purchase-to-order agreement contract has not been established? How can the Public Service Commission of Wisconsin approve an environmental sound study when the inverter equipment has not even been selected yet?”

Behrend argued the study is irrelevant if they do not use the equipment that was studied.

The Morgan town chair, Lori Witthuhn, said the town began discussions about a joint development agreement with NextEra, since it did not have a choice in whether the project would happen.

“Within a half hour of this meeting, we were told, don’t waste my time,” Witthuhn said during her testimony.

She also noted fire concerns about the battery storage system, explaining that their volunteer fire department would not be able to handle a battery fire if one ignited. She did not cite who advised her, but said the advice the town was given was to let the fire burn.

“We haven’t heard anything from the developers since November of 2024,” Witthuhn added. “So, the thought that they’re even going to remotely work with us, I don’t believe it for a minute.”

NewsChannel 7 reached out to NextEra for comment about what was mentioned in the hearing. NextEra is working on a response to those questions.

The PSC’s approval of a solar project in the Town of Rome — which included conditions requiring the company to hold conversations with stakeholders such as the town and ATV and snowmobile clubs — also drew scrutiny. The conditions do not require the company to comply with stakeholder requests.

Opposition to the bill

Utilities and developers noted opposition to the bill. The Wisconsin League of Conservation Voters also expressed opposition, but sympathized with communities and offered other alternatives.

“We do need to have a large-scale energy conversation in this state, but this bill limits our options and is not a good proposal,” Jennifer Giegerich, government affairs director for the Wisconsin League of Conservation Voters, said.

While some commenters argued the PSC should not be the authority reviewing and ultimately deciding whether these projects go through; it should be the local municipalities. Giegerich said state authority over such projects is appropriate.

“The reality is, in a state, there are going to be things that local communities don’t get the final say on. And there are plenty of (examples of) those: a lot of our transportation projects, all of our energy decisions,” she explained. “It’s not just large-scale wind and solar, it’s all fossil fuels, and it’s nuclear plants as well. Mining was brought up as another example. These are things that, communally, everybody in the state benefits from.”

She continued, “We can’t just say local communities get a decision in every single aspect of it, but we can give them tools to make sure that the people who are coming in are working with communities, nobody’s being surprised, and everybody understands that there are ways that they will benefit from that, and we are minimizing the impacts of it.”

Requiring public notice of a project as soon as municipalities become aware was one suggestion. Several commenters noted they were surprised about projects because the developer worked with the land owner(s) and municipalities only provided official public notice when it came time to make a municipal decision.

“There are things that the legislature could require for practices. So, topsoil is one I’ve heard a lot about, that there’s been disruption of that that causes problems. We could say that there are things that they have to do and maintain as state statute that would provide protections for local communities,” Giegerich said.

She noted the organization’s mission supports increasing alternative energy sources that reduces carbon emissions, but it needs to be done with communities.

“I understand that people are feeling that they are being asked to sacrifice having large-scale wind and solar in their community, but we should be looking at all the ways that we could be developing clean energy in Wisconsin and we should be utilizing all sensible locations,” she explained. “This includes scaling up urban solar on rooftops and parking lots, and supporting residential and commercial applications, and doubling down, most importantly, on energy efficiencies, so lowering our total energy needs. We should prioritize net metering and third-party financing to deploy solar on local businesses and community buildings. Practical measures that decrease the overall demand for large-scale clean energy projects.”

Last week, Rep. Scott Krug, who co-authored the Assembly version of the bill, said the bill would allow smaller businesses to generate and sell energy without having to become a utility, as Giegerich suggested.

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