AB649-ASA1,123,2423 6. Other significant mitigation and adaptation strategies that address climate
24change.
AB649-ASA1,123,2525 7. The causes and effects of climate change.
AB649-ASA1,124,3
1(d) The council shall give priority under par. (a) to promoting and coordinating
2programs for students in kindergarten through 12th grade and to undergraduate
3and graduate students and their teachers.
AB649-ASA1,124,9 4(3) Subcommittees. The council may create subcommittees to assist in its
5work. The council may appoint to its subcommittees members of the council,
6employees of the agencies with members on the council, employees of other state
7agencies, representatives of counties and municipalities, and others. The council
8shall consider the need for subcommittees on the subjects within the scope of its
9duties under sub. (2) and other subjects determined to be appropriate by the council.
AB649-ASA1,124,11 10(4) Support. The state agencies with membership on the council and its
11subcommittees shall provide adequate staff to conduct the functions of the council.
AB649-ASA1, s. 300 12Section 300. 299.04 of the statutes is created to read:
AB649-ASA1,124,14 13299.04 Report on greenhouse gas cap and trade program. (1) In this
14section:
AB649-ASA1,124,1715 (a) "Cap and trade program" means a program that imposes limits on emissions
16of greenhouse gases from specified sources of emissions and that provides for the
17trading of allowances that may be used to satisfy those limits.
AB649-ASA1,124,1818 (b) "Greenhouse gas" has the meaning given in s. 299.03 (1) (d).
AB649-ASA1,124,21 19(2) The department shall submit a report to the appropriate standing
20committees of the legislature, under s. 13.172 (3), and to the governor if any of the
21following occurs:
AB649-ASA1,124,2222 (a) Enactment of federal legislation creating a federal cap and trade program.
AB649-ASA1,124,2323 (b) Adoption of a federal regulation creating a federal cap and trade program.
AB649-ASA1,125,3
1(c) Recommendation of a regional cap and trade program by governors of
2midwestern states, including the governor of this state, that would be applicable to
3any person in this state.
AB649-ASA1,125,8 4(3) The department shall include in the report under sub. (2) a description of
5the cap and trade program and recommendations on any legislation that would be
6necessary to implement the cap and trade program in this state. In preparing the
7report under sub. (2), the department shall consult with state agencies that would
8be affected by the cap and trade program.
AB649-ASA1, s. 301 9Section 301. 299.045 of the statutes is created to read:
AB649-ASA1,125,11 10299.045 Greenhouse gas emissions by state agencies. (1) Definitions.
11In this section:
AB649-ASA1,125,1612 (a) "Agency" means the department of administration, the department of
13agriculture, trade and consumer protection, the department of corrections, the
14department of health services, the department of natural resources, the department
15of public instruction, the department of transportation, the department of veterans
16affairs, and the Board of Regents of the University of Wisconsin System.
AB649-ASA1,125,1717 (b) "Biomass" has the meaning given in s. 196.374 (1) (am).
AB649-ASA1,125,1818 (c) "Global warming potential" has the meaning given in s. 299.03 (1) (c).
AB649-ASA1,125,1919 (d) "Greenhouse gas" has the meaning given in s. 299.03 (1) (d).
AB649-ASA1,125,24 20(2) Analysis. No later than the first day of the 13th month beginning after the
21date on which the department of administration prescribes the initial guidelines and
22protocols under s. 16.954 (2), each agency shall prepare an analysis that estimates
23the amount of greenhouse gas emissions that are attributable to activities of the
24agency in calendar years 2005 and 2010.
AB649-ASA1,125,25 25(3) Development and achievement of goals. Each agency shall:
AB649-ASA1,126,4
1(a) Establish achievable goals for the reduction of greenhouse gas emissions
2identified in its analysis under sub. (2) which shall include a reduction by January
31, 2020, to an annual amount that is 22 percent lower than the annual amount
4attributable to the agency in 2005.
AB649-ASA1,126,65 (b) Develop a plan for achieving the goals established in par. (a) by means of
6specific actions to be taken and completed no later than January 1, 2020.
AB649-ASA1,126,9 7(4) Elements of plan. In developing its plan under sub. (3) (b), each agency
8shall consider all cost-effective and technically feasible opportunities to reduce
9greenhouse gas emissions, including:
AB649-ASA1,126,1010 (a) Increasing the efficiency of energy use by the agency.
AB649-ASA1,126,1111 (b) Installing renewable energy systems in facilities used by the agency.
AB649-ASA1,126,1212 (c) Purchasing energy derived from renewable resources for use by the agency.
AB649-ASA1,126,1313 (d) Increasing the efficiency of boilers in existing facilities used by the agency.
AB649-ASA1,126,1514 (e) Converting boilers in existing facilities used by the agency to fuels that
15result in lower net greenhouse gas emissions, including biomass fuels.
AB649-ASA1,126,1716 (f) Reducing transportation-related emissions by the agency in all of the
17following ways:
AB649-ASA1,126,1918 1. Converting the agency's on-road and off-road vehicle fleet to vehicles that
19are more efficient, or that use renewable fuels, or both.
AB649-ASA1,126,2120 2. Encouraging teleconferencing in lieu of attending in-person meetings that
21require travel to meeting sites.
AB649-ASA1,126,2322 3. Encouraging employees of the agency to telecommute, carpool, bicycle, walk,
23or use public transit.
AB649-ASA1,126,2524 4. Reducing the idling of on-road and off-road motor vehicles operated by the
25agency.
AB649-ASA1,127,5
15. Reducing the idling of on-road and off-road motor vehicles operated by any
2person who enters into a contract with an agency and who receives payments under
3that contract from moneys appropriated by this state with respect to services
4performed under the contract, whether or not within this state, during the period
5that the contract is in effect.
AB649-ASA1,127,86 6. Converting the refrigerants used in on-road and off-road motor vehicles in
7the vehicle fleet maintained by the agency to refrigerants with low global warming
8potential.
AB649-ASA1,127,109 7. Purchasing fuels for on-road and off-road motor vehicles used by the agency
10that are derived in whole or in part from renewable resources.
AB649-ASA1,127,1111 8. Any other appropriate means.
AB649-ASA1,127,1212 (g) Reducing the water and other materials used by the agency.
AB649-ASA1,127,1313 (h) Increasing the recycling of waste generated by the agency.
AB649-ASA1,127,1514 (i) Planting trees or deep-rooted, herbaceous, perennial plants on lands
15controlled by the agency, including highway rights-of-way and building grounds.
AB649-ASA1,127,19 16(5) Biennial reports. No later than March 1 of each odd-numbered year each
17agency shall report to the department of administration in the form specified by that
18department concerning its progress toward achieving or success in maintaining
19adherence to the goals established by the agency under sub. (3) (a).
AB649-ASA1,127,23 20(6) Idling reduction assistance. The department shall assist agencies in
21identifying opportunities to reduce greenhouse gas emissions through development
22of idling reduction techniques for incorporation into agency plans under sub. (4) (f)
234. and 5.
AB649-ASA1, s. 302 24Section 302. 299.97 (1) of the statutes is amended to read:
AB649-ASA1,128,6
1299.97 (1) Any person who violates this chapter, except s. 299.15 (1), 299.47
2(2), 299.51 (4) (b), 299.53 (2) (a) or (3), 299.62 (2) or , 299.64 (2), or 299.045, or any rule
3promulgated or any plan approval, license or special order issued under this chapter,
4except under those sections, shall forfeit not less than $10 nor more than $5,000, for
5each violation. Each day of continued violation is a separate offense. While the order
6is suspended, stayed or enjoined, this penalty does not accrue.
AB649-ASA1, s. 303 7Section 303. 343.32 (2) (bs) of the statutes is created to read:
AB649-ASA1,128,98 343.32 (2) (bs) The scale adopted by the secretary may not assess any demerit
9points for a violation of s. 346.947.
AB649-ASA1, s. 304 10Section 304. 346.947 of the statutes is created to read:
AB649-ASA1,128,15 11346.947 Idling of motor vehicles used for commercial purposes. (1)
12Except as provided in sub. (5), and subject to sub. (3), an operator of a motor vehicle
13designed primarily for on-highway operation, and the operator's employer, may not,
14while the vehicle is being used for commercial purposes, cause or permit the vehicle's
15primary propulsion engine to idle for more than 5 minutes in any 60 minute period.
AB649-ASA1,128,19 16(2) Except as provided in sub. (5), and subject to sub. (3), an operator of a motor
17vehicle designed primarily for off-highway operation may not, while the vehicle is
18being used for commercial purposes, cause or permit the vehicle's primary propulsion
19engine to idle for more than 5 consecutive minutes when the vehicle is not in use.
AB649-ASA1,129,2 20(3) (a) Except as provided in par. (c), an operator of a motor vehicle designed
21primarily for on-highway operation, and the operator's employer, may not, while the
22vehicle is being used for commercial purposes, cause or permit the vehicle's primary
23propulsion engine to idle within 100 feet of an occupied school, day care or child care
24center, hospital, or facility for housing the elderly, if the school, day care or child care
25center, hospital, or facility for housing the elderly is clearly marked as a school, day

1care or child care center, hospital, or facility for housing the elderly by signage visible
2from the roadway.
AB649-ASA1,129,93 (b) Except as provided in par. (c), an operator of a motor vehicle designed
4primarily for off-highway operation may not, while the vehicle is being used for
5commercial purposes at a construction site, cause or permit the vehicle's primary
6propulsion engine to idle within 100 feet of an occupied school, day care or child care
7center, hospital, or facility for housing the elderly, if the school, day care or child care
8center, hospital, or facility for housing the elderly is identified on the project plan
9documents for the construction site, as required under sub. (7).
AB649-ASA1,129,1310 (c) Paragraph (a) does not apply with respect to any of the motor vehicles or
11circumstances specified in sub. (5) (a) to (h), (j) to (o), (q), and (s). Paragraph (b) does
12not apply with respect to any of the motor vehicles or circumstances specified in sub.
13(5) (d) to (g), (j), (m), (p), (r), and (t).
AB649-ASA1,129,19 14(4) A person operating a location where a motor vehicle subject to sub. (1) that
15is used to transport property is loaded or unloaded may not require an operator of
16the vehicle to idle the vehicle's primary propulsion engine for a period longer than
1730 minutes by directing that the vehicle be kept running pending the loading or
18unloading of the vehicle at that location. This subsection does not apply if an
19exception under sub. (5) applies with respect to the vehicle.
AB649-ASA1,129,20 20(5) Subsections (1) and (2) do not apply to any of the following:
AB649-ASA1,129,2221 (a) The period when a motor vehicle remains motionless because of traffic, an
22official traffic control device, or the direction of a traffic officer.
AB649-ASA1,129,2523 (b) The period when a motor vehicle's defroster, heater, air conditioner, medical
24equipment, or emergency lighting is being operated on the motor vehicle to prevent
25a safety or health emergency and not as part of a rest period.
AB649-ASA1,130,2
1(c) An authorized emergency vehicle or military vehicle being used in the
2course of official business.
AB649-ASA1,130,53 (d) The idling of a motor vehicle's primary propulsion engine for maintenance,
4servicing, repair, or diagnostic purposes if the idling is necessary to accomplish any
5of these purposes.
AB649-ASA1,130,86 (e) The idling of a motor vehicle as part of a state or federal vehicle inspection
7to verify that all of the vehicle's equipment is in good working order if the idling is
8required as part of the inspection.
AB649-ASA1,130,129 (f) The period when the idling of a motor vehicle's primary propulsion engine
10is necessary to power work-related mechanical or electrical operations, excluding
11operations related to propulsion, cabin comfort, or nonessential on-board equipment
12but including any of the following operations:
AB649-ASA1,130,1313 1. Mixing, dumping, or processing cargo.
AB649-ASA1,130,1514 2. Operating a lift, generator, crane, pump, drill, hoist, or other auxiliary
15mechanical equipment.
AB649-ASA1,130,1716 3. Heating or refrigeration to protect cargo or freight being transported by the
17motor vehicle.
AB649-ASA1,130,1818 4. Utility service restoration.
AB649-ASA1,130,2319 (g) The period when a motor bus used for transit purposes, or a motor vehicle
20designed primarily for off-highway operation, is engaged in a stop-and-go project
21element or is in immediate stand-by mode for purposes related to passenger loading
22or unloading, project or worker safety, or readiness for an upcoming phase of a
23specific project element.
AB649-ASA1,130,2524 (h) An armored vehicle for the period when a person remains inside the vehicle
25to guard the contents of the vehicle or the vehicle is being loaded or unloaded.
AB649-ASA1,131,3
1(i) The period when an occupied motor vehicle with a sleeper berth
2compartment idles for purposes of air conditioning or heating during a rest or sleep
3period.
AB649-ASA1,131,54 (j) The period when a motor vehicle's idling is necessary for regeneration of
5exhaust emission control devices or to recharge batteries on a hybrid vehicle.
AB649-ASA1,131,86 (k) A motor bus or school bus idling to maintain passenger comfort while
7passengers other than the operator are on board, if the motor bus or school bus does
8not exceed 15 minutes of idling in any 60 minute period.
AB649-ASA1,131,139 (L) The period when a motor vehicle's idling is necessary due to mechanical
10difficulties over which the vehicle operator has no control, if within 30 days after the
11end of this period the motor vehicle's owner submits by mail to the appropriate
12authority repair paperwork or a product receipt verifying that the mechanical
13difficulty has been fixed.
AB649-ASA1,131,1514 (m) The period when a motor vehicle's idling is necessary to warm the motor
15vehicle up to the manufacturer's recommended operating temperature.
AB649-ASA1,131,1916 (n) A motor vehicle designed primarily for on-highway operation if the outdoor
17temperature is below 40 degrees Fahrenheit or above 75 degrees Fahrenheit and if
18the motor vehicle does not exceed 15 consecutive minutes of idling in any 60 minute
19period.
AB649-ASA1,131,2120 (o) A motor vehicle designed primarily for on-highway operation if the outdoor
21temperature is below 10 degrees Fahrenheit.
AB649-ASA1,131,2322 (p) A motor vehicle designed primarily for off-highway operation if the outdoor
23temperature is below 40 degrees Fahrenheit or above 75 degrees Fahrenheit.
AB649-ASA1,131,2424 (q) A motor vehicle operated completely by electric power.
AB649-ASA1,132,2
1(r) A motor vehicle designed primarily for off-highway operation that is a farm
2tractor or an implement of husbandry.
AB649-ASA1,132,53 (s) A motor vehicle designed primarily for on-highway operation that remains
4motionless while it is in a queue of motor vehicles delivering construction materials
5at a construction site.
AB649-ASA1,132,86 (t) A motor vehicle designed primarily for off-highway operation that is subject
7to an air pollution operation permit, including a general permit, under subch. VII of
8ch. 285.
AB649-ASA1,132,10 9(6) This section applies to the idling of motor vehicles' primary propulsion
10engines both on highways and off highways.
AB649-ASA1,132,16 11(7) With respect to construction activity that involves the operation of motor
12vehicles designed primarily for off-highway operation, the owner of the applicable
13construction site has the responsibility to identify on the project plan documents that
14portion of any school, day care or child care center, hospital, or facility for housing
15the elderly that is located within 100 feet of any part of the construction site and that
16will be occupied during any part of the construction activity.
AB649-ASA1,132,19 17(8) A person operating a location specified in sub. (4) shall, to the maximum
18extent practical, minimize delays in loading and unloading operations in order to
19reduce idling times.
AB649-ASA1,132,23 20(9) Every employer of an operator of a motor vehicle designed primarily for
21off-highway operation, other than a motor vehicle described in sub. (5) (r), shall
22provide to each such operator information on the benefits of reducing the idling of
23these motor vehicles and the requirements under this section.
AB649-ASA1,133,3 24(10) This section is an enactment of statewide concern for the purpose of
25providing uniform regulation of motor vehicle idling. Notwithstanding ss. 59.03,

161.34 (1), 62.11 (5), 85.16, 349.03, 349.06, and any other provision of law, no
2municipality or county may enact an ordinance, and no state agency may promulgate
3a rule, regulating the same or similar subject matter as that covered in this section.
AB649-ASA1, s. 305 4Section 305. 346.95 (11) of the statutes is created to read:
AB649-ASA1,133,85 346.95 (11) Beginning on July 1, 2011, any person violating s. 346.947 (1), (2),
6(3), (4), (7), or (9) may be required to forfeit $150 for each violation. Notwithstanding
7s. 939.61, prior to July 1, 2011, no penalty shall apply to a violation specified in this
8subsection.
AB649-ASA1, s. 306 9Section 306. 560.032 (1) of the statutes is renumbered 560.032 (1r) (a) and
10amended to read:
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