Amendment ASA1-AB649

AB649-ASA1, s. 304 Section 304. 346.947 of the statutes is created to read:

AB649-ASA1,128,15 346.947 Idling of motor vehicles used for commercial purposes. (1) Except as provided in sub. (5), and subject to sub. (3), an operator of a motor vehicle designed primarily for on-highway operation, and the operator's employer, may not, while the vehicle is being used for commercial purposes, cause or permit the vehicle's primary propulsion engine to idle for more than 5 minutes in any 60 minute period.

AB649-ASA1,128,19 (2) Except as provided in sub. (5), and subject to sub. (3), an operator of a motor vehicle designed primarily for off-highway operation may not, while the vehicle is being used for commercial purposes, cause or permit the vehicle's primary propulsion engine to idle for more than 5 consecutive minutes when the vehicle is not in use.

AB649-ASA1,129,2 (3) (a) Except as provided in par. (c), an operator of a motor vehicle designed primarily for on-highway operation, and the operator's employer, may not, while the vehicle is being used for commercial purposes, cause or permit the vehicle's primary propulsion engine to idle within 100 feet of an occupied school, day care or child care center, hospital, or facility for housing the elderly, if the school, day care or child care center, hospital, or facility for housing the elderly is clearly marked as a school, day care or child care center, hospital, or facility for housing the elderly by signage visible from the roadway.

AB649-ASA1,129,9 (b) Except as provided in par. (c), an operator of a motor vehicle designed primarily for off-highway operation may not, while the vehicle is being used for commercial purposes at a construction site, cause or permit the vehicle's primary propulsion engine to idle within 100 feet of an occupied school, day care or child care center, hospital, or facility for housing the elderly, if the school, day care or child care center, hospital, or facility for housing the elderly is identified on the project plan documents for the construction site, as required under sub. (7).

AB649-ASA1,129,13 (c) Paragraph (a) does not apply with respect to any of the motor vehicles or circumstances specified in sub. (5) (a) to (h), (j) to (o), (q), and (s). Paragraph (b) does not apply with respect to any of the motor vehicles or circumstances specified in sub. (5) (d) to (g), (j), (m), (p), (r), and (t).

AB649-ASA1,129,19 (4) A person operating a location where a motor vehicle subject to sub. (1) that is used to transport property is loaded or unloaded may not require an operator of the vehicle to idle the vehicle's primary propulsion engine for a period longer than 30 minutes by directing that the vehicle be kept running pending the loading or unloading of the vehicle at that location. This subsection does not apply if an exception under sub. (5) applies with respect to the vehicle.

AB649-ASA1,129,20 (5) Subsections (1) and (2) do not apply to any of the following:

AB649-ASA1,129,22 (a) The period when a motor vehicle remains motionless because of traffic, an official traffic control device, or the direction of a traffic officer.

AB649-ASA1,129,25 (b) The period when a motor vehicle's defroster, heater, air conditioner, medical equipment, or emergency lighting is being operated on the motor vehicle to prevent a safety or health emergency and not as part of a rest period.

AB649-ASA1,130,2 (c) An authorized emergency vehicle or military vehicle being used in the course of official business.

AB649-ASA1,130,5 (d) The idling of a motor vehicle's primary propulsion engine for maintenance, servicing, repair, or diagnostic purposes if the idling is necessary to accomplish any of these purposes.

AB649-ASA1,130,8 (e) The idling of a motor vehicle as part of a state or federal vehicle inspection to verify that all of the vehicle's equipment is in good working order if the idling is required as part of the inspection.

AB649-ASA1,130,12 (f) The period when the idling of a motor vehicle's primary propulsion engine is necessary to power work-related mechanical or electrical operations, excluding operations related to propulsion, cabin comfort, or nonessential on-board equipment but including any of the following operations:

AB649-ASA1,130,13 1. Mixing, dumping, or processing cargo.

AB649-ASA1,130,15 2. Operating a lift, generator, crane, pump, drill, hoist, or other auxiliary mechanical equipment.

AB649-ASA1,130,17 3. Heating or refrigeration to protect cargo or freight being transported by the motor vehicle.

AB649-ASA1,130,18 4. Utility service restoration.

AB649-ASA1,130,23 (g) The period when a motor bus used for transit purposes, or a motor vehicle designed primarily for off-highway operation, is engaged in a stop-and-go project element or is in immediate stand-by mode for purposes related to passenger loading or unloading, project or worker safety, or readiness for an upcoming phase of a specific project element.

AB649-ASA1,130,25 (h) An armored vehicle for the period when a person remains inside the vehicle to guard the contents of the vehicle or the vehicle is being loaded or unloaded.

AB649-ASA1,131,3 (i) The period when an occupied motor vehicle with a sleeper berth compartment idles for purposes of air conditioning or heating during a rest or sleep period.

AB649-ASA1,131,5 (j) The period when a motor vehicle's idling is necessary for regeneration of exhaust emission control devices or to recharge batteries on a hybrid vehicle.

AB649-ASA1,131,8 (k) A motor bus or school bus idling to maintain passenger comfort while passengers other than the operator are on board, if the motor bus or school bus does not exceed 15 minutes of idling in any 60 minute period.

AB649-ASA1,131,13 (L) The period when a motor vehicle's idling is necessary due to mechanical difficulties over which the vehicle operator has no control, if within 30 days after the end of this period the motor vehicle's owner submits by mail to the appropriate authority repair paperwork or a product receipt verifying that the mechanical difficulty has been fixed.

AB649-ASA1,131,15 (m) The period when a motor vehicle's idling is necessary to warm the motor vehicle up to the manufacturer's recommended operating temperature.

AB649-ASA1,131,19 (n) A motor vehicle designed primarily for on-highway operation if the outdoor temperature is below 40 degrees Fahrenheit or above 75 degrees Fahrenheit and if the motor vehicle does not exceed 15 consecutive minutes of idling in any 60 minute period.

AB649-ASA1,131,21 (o) A motor vehicle designed primarily for on-highway operation if the outdoor temperature is below 10 degrees Fahrenheit.

AB649-ASA1,131,23 (p) A motor vehicle designed primarily for off-highway operation if the outdoor temperature is below 40 degrees Fahrenheit or above 75 degrees Fahrenheit.

AB649-ASA1,131,24 (q) A motor vehicle operated completely by electric power.

AB649-ASA1,132,2 (r) A motor vehicle designed primarily for off-highway operation that is a farm tractor or an implement of husbandry.

AB649-ASA1,132,5 (s) A motor vehicle designed primarily for on-highway operation that remains motionless while it is in a queue of motor vehicles delivering construction materials at a construction site.

AB649-ASA1,132,8 (t) A motor vehicle designed primarily for off-highway operation that is subject to an air pollution operation permit, including a general permit, under subch. VII of ch. 285.

AB649-ASA1,132,10 (6) This section applies to the idling of motor vehicles' primary propulsion engines both on highways and off highways.

AB649-ASA1,132,16 (7) With respect to construction activity that involves the operation of motor vehicles designed primarily for off-highway operation, the owner of the applicable construction site has the responsibility to identify on the project plan documents that portion of any school, day care or child care center, hospital, or facility for housing the elderly that is located within 100 feet of any part of the construction site and that will be occupied during any part of the construction activity.

AB649-ASA1,132,19 (8) A person operating a location specified in sub. (4) shall, to the maximum extent practical, minimize delays in loading and unloading operations in order to reduce idling times.

AB649-ASA1,132,23 (9) Every employer of an operator of a motor vehicle designed primarily for off-highway operation, other than a motor vehicle described in sub. (5) (r), shall provide to each such operator information on the benefits of reducing the idling of these motor vehicles and the requirements under this section.

AB649-ASA1,133,3 (10) This section is an enactment of statewide concern for the purpose of providing uniform regulation of motor vehicle idling. Notwithstanding ss. 59.03, 61.34 (1), 62.11 (5), 85.16, 349.03, 349.06, and any other provision of law, no municipality or county may enact an ordinance, and no state agency may promulgate a rule, regulating the same or similar subject matter as that covered in this section.

AB649-ASA1, s. 305 Section 305. 346.95 (11) of the statutes is created to read:

AB649-ASA1,133,8 346.95 (11) Beginning on July 1, 2011, any person violating s. 346.947 (1), (2), (3), (4), (7), or (9) may be required to forfeit $150 for each violation. Notwithstanding s. 939.61, prior to July 1, 2011, no penalty shall apply to a violation specified in this subsection.

AB649-ASA1, s. 306 Section 306. 560.032 (1) of the statutes is renumbered 560.032 (1r) (a) and amended to read:

AB649-ASA1,133,17 560.032 (1r) Allocation. (a) The department, by rule, shall establish under 26 USC 146 and administer a system for the allocation of the volume cap on the issuance of private activity bonds, as defined under 26 USC 141 (a), among all municipalities, as defined in s. 67.01 (5), and any corporation formed on behalf of those municipalities, and among this state, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, and the Wisconsin Housing and Economic Development Authority.

AB649-ASA1, s. 307 Section 307. 560.032 (1g) of the statutes is created to read:

AB649-ASA1,133,19 560.032 (1g) Definitions. In this section:

AB649-ASA1,133,21 (a) "Clean energy manufacturing facility" means a facility that manufactures any of the following:

AB649-ASA1,133,23 1. Energy efficient fixtures or building components, metering equipment, or appliances.

AB649-ASA1,133,25 2. Equipment used to produce energy from a renewable resource or components of that equipment.

AB649-ASA1,134,2 3. Equipment used to produce fuel made from a renewable resource or components of that equipment.

AB649-ASA1,134,4 4. Renewable fuel, flex fuel, advanced diesel, hybrid, electric, or other advanced drive train vehicles designed to operate on highways, as defined in s. 340.01 (22).

AB649-ASA1,134,5 5. A component of any vehicle identified in subd. 4..

AB649-ASA1,134,6 (b) "Private activity bond" has the meaning given in 26 USC 141 (a).

AB649-ASA1,134,7 (c) "Renewable fuel" means a fuel produced from a renewable resource.

AB649-ASA1,134,12 (d) "Renewable power generating facility" means a facility owned by a person that is not a public utility or an electric cooperative with equipment to generate electricity or another form of energy from a renewable resource if that facility is projected to consume no less than 70 percent of the energy generated by that equipment in manufacturing processes at the site where the equipment is located.

AB649-ASA1,134,13 (e) "Renewable resource" has the meaning given in s. 196.374 (1) (j).

AB649-ASA1, s. 308 Section 308. 560.032 (1r) (b) of the statutes is created to read:

AB649-ASA1,134,17 560.032 (1r) (b) In the rules under par. (a), the department shall provide that 25 percent of the amount allocated to municipalities and corporations formed on behalf of municipalities each year will be allocated for all of the following:

AB649-ASA1,134,18 1. Clean energy manufacturing facilities.

AB649-ASA1,134,19 2. Renewable power generating facilities.

AB649-ASA1, s. 309 Section 309. 560.032 (2) of the statutes is renumbered 560.032 (2) (a) and amended to read:

AB649-ASA1,135,2 560.032 (2) Amendment to or reallocation of allocation. (a) At any time prior to December 31 in any year, the department may promulgate rules to revise the allocation system established for that year under sub. (1) (1r) (a), except that any revision under this subsection paragraph does not apply to any allocation under which the recipient of that allocation has adopted a resolution authorizing the issuance of a private activity bond, as defined in 26 USC 141 (a).

AB649-ASA1, s. 310 Section 310. 560.032 (2) (b) of the statutes is created to read:

AB649-ASA1,135,9 560.032 (2) (b) Beginning on September 1 in any year, the department may reallocate using the system established by rule under sub. (1r) (a) any amount of the allocation made for that year under sub. (1r) (b) for which bonds have not been issued, except that any reallocation under this paragraph does not apply to any allocation under which the recipient of that allocation has adopted a resolution authorizing the issuance of a private activity bond.

AB649-ASA1, s. 311 Section 311. 560.032 (4) of the statutes is amended to read:

AB649-ASA1,135,13 560.032 (4) Certification. If the secretary receives notice of the issuance of a bond under an allocation under subs. (1) to (3) this section, the secretary shall certify that that bond meets the requirements of 26 USC 146.

AB649-ASA1, s. 312 Section 312. 560.081 (1m) of the statutes is created to read:

AB649-ASA1,135,18 560.081 (1m) A proposed project is a "qualifying project" for purposes of sub. (2) (e) and (f) 6. if the project will result in a reduction in travel, energy use, or the emission of greenhouse gases, as defined in s. 299.03 (1) (d), or if any of the following applies:

AB649-ASA1,135,21 (a) The project is located in an area that is designated for traditional neighborhood development, as defined in s. 66.1027 (1) (c), in a comprehensive plan adopted under s. 66.1001 and at least one of the following applies:

AB649-ASA1,135,22 1. The area is surrounded by or is adjacent to existing development.

AB649-ASA1,135,25 2. The area is within a sewer service territory in the sewer service area provisions of an areawide water quality management plan under s. 283.83 approved by the department of natural resources.

AB649-ASA1,135,26 3. The area consists primarily of blighted properties.

AB649-ASA1,136,3 4. The area meets other criteria, specified by the department by rule, designed to ensure that the project reduces greenhouse gas emissions.

AB649-ASA1,136,6 (b) The municipality in which the project is located has adopted the design standards under s. 101.027 (4) and the project is in an area that is subject to the design standards.

AB649-ASA1,136,7 (c) All of the following apply:

AB649-ASA1,136,11 1. The project is located in an area that is subject to either a charter under s. 299.83 (7e) issued to an association of entities that includes the municipality in which the area is located or a participation contract under s. 299.83 (6) entered into by the municipality in which the area is located.

AB649-ASA1,136,17 2. The department of natural resources determines, in consultation with the department of commerce, the department of administration, the public service commission, and the office of energy independence, that implementation of the charter is likely to result in significant reductions in emissions of greenhouse gases, as defined in s. 299.03 (1) (d), or in energy use by public or private entities within the municipality.

AB649-ASA1,136,25 (d) The project is located in a municipality that participates in tier I under s. 299.83 (3), the area in which the project is located is affected by the participation in tier I, and the department of natural resources determines, in consultation with the department of commerce, the department of administration, the public service commission, and the office of energy independence, that the participation in tier I is likely to result in significant reductions in emissions of greenhouse gases, as defined in s. 299.03 (1) (d), or in energy use by public or private entities within the municipality.

AB649-ASA1, s. 313 Section 313. 560.081 (2) (e) of the statutes is amended to read:

AB649-ASA1,137,11 560.081 (2) (e) Annually select, upon application, up to 5 municipalities to participate in the state main street program. The program for each municipality shall conclude after 3 years, except that the program for each municipality selected after July 29, 1995, shall conclude after 5 years. The department shall select program participants representing various geographical regions and populations, and may give greater weight to a municipality that has proposed a project that is a qualifying project under sub. (1m). A municipality may apply to participate, and the department may select a municipality for participation, more than one time. In selecting a municipality, however, the department may give priority to those municipalities that have not previously participated.

AB649-ASA1, s. 314 Section 314. 560.081 (2) (f) 6. of the statutes is created to read:

AB649-ASA1,137,14 560.081 (2) (f) 6. Whether a project proposed by a municipality that has applied to participate in the program under par. (e) is a qualifying project under sub. (1m).

AB649-ASA1, s. 315 Section 315. 560.13 (2) (b) 2. of the statutes is amended to read:

AB649-ASA1,137,22 560.13 (2) (b) 2. For Except as provided in subd. 3., for a grant that does not exceed $300,000, the recipient shall be required to contribute not less than 20% of the cost of the project. For Except as provided in subd. 3., for a grant that is greater than $300,000 but that does not exceed $700,000, the recipient shall be required to contribute not less than 35% of the cost of the project. For Except as provided in subd. 3., for a grant that is greater than $700,000 but that does not exceed $1,250,000, the recipient shall be required to contribute not less than 50% of the cost of the project.

AB649-ASA1, s. 316 Section 316. 560.13 (2) (b) 3. of the statutes is created to read:

AB649-ASA1,138,3 560.13 (2) (b) 3. The department may promulgate a rule that specifies a minimum contribution by a recipient that is less than the percentage of the cost of the project specified in subd. 2. if all of the following apply:

AB649-ASA1,138,4 a. The recipient is a city, village, town, or county.

AB649-ASA1,138,5 b. The project is a qualifying project.

AB649-ASA1, s. 317 Section 317. 560.13 (3) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB649-ASA1,138,10 560.13 (3) (intro.) The department may consider the following criteria in making awards under this section, and shall give additional consideration to a project that satisfies the criteria under par. (em):

AB649-ASA1, s. 318 Section 318. 560.13 (3) (em) of the statutes is created to read:

AB649-ASA1,138,12 560.13 (3) (em) The project is a qualifying project under sub. (3m).