Energy and Utilities

This information memorandum describes the regulation of solar generation facilities by the Public Service Commission (PSC) and the Department of Natural Resources (DNR). Additionally, it includes a flowchart outlining the project review process and highlights opportunities for public participation in project review. Finally, it discusses the authority of local governments to regulate solar facilities and provides an overview of facilities in various stages of development across the state.

Wisconsin law establishes various mechanisms to preserve agricultural land. These mechanisms include land use regulations, such as local zoning, and programs that provide tax credits or other incentives to landowners. Recently, as solar energy facilities have become more prevalent across rural Wisconsin, legislators have inquired about the relationship between the state’s mechanisms for preserving farmland and solar development, including, in particular, the effect of solar development on eligibility for farmland preservation tax credits.

Broadband service generally refers to high-speed internet access that is faster than traditional dialup access. Many rural areas, both in Wisconsin and nationwide, have historically been underserved with respect to broadband. To address this challenge, various state and federal agencies have established programs to further expand broadband coverage to underserved communities.

Within water distribution systems, service lines are the pipes that connect each building to its nearby water main. Historically, these service lines were often constructed from lead owing to the metal’s malleability, durability, and affordability. However, this practice has created a public health risk as lead may be introduced to drinking water as pipes corrode. Even at low levels, lead exposure may result in health impacts including cardiovascular effects and reproductive problems. Additional concerns exist for children, for whom lead exposure may result in an array of health effects including behavioral and learning problems, slowed growth, and anemia. Collectively, these concerns have driven efforts to mitigate lead in drinking water, including elimination of lead from water distribution systems through lead service line replacement.

The availability of heat, light, and water service are central to modern life. For this reason, an individual, business, or local government that provides one of these services to the public is deemed a “public utility” and is subject to a system of state regulation designed to ensure the availability of service and protect the interests of consumers, public utilities, and their investors.

The state public utility regulatory system that exists today was largely created through the 1907 Public Utilities Law. The features of this system generally include: a broad definition of “public utility”; centralized regulatory authority vested in the Public Service Commission; monopoly status for public utilities; state control of rates; minimum service standards; public utility authority to take private property for facilities, subject to state approval; and limitations on public utility ownership.

The 2013 Biennial Budget Act modified the regulatory powers of local governments in regard to cell phone towers. The new law specifies the manner in which a political subdivision can use zoning to regulate cell phone towers and lists specific regulations that a political subdivision may not apply.