Amendment ASA1-AB649

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).

AB649-ASA1, s. 319 Section 319. 560.13 (3m) of the statutes is created to read:

AB649-ASA1,138,17 560.13 (3m) A proposed project is a "qualifying project" for purposes of subs. (2) (b) 3. b. and (3) (em) if the project is proposed by a city, village, town, or county and 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-ASA1,138,20 (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-ASA1,138,21 1. The area is surrounded by or is adjacent to existing development.

AB649-ASA1,138,24 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-ASA1,138,25 3. The area consists primarily of blighted properties.

AB649-ASA1,139,2 4. The area meets other criteria, specified by the department by rule, designed to ensure that the project reduces greenhouse gas emissions.

AB649-ASA1,139,5 (b) The city, village, town, or county 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-ASA1,139,6 (c) All of the following apply:

AB649-ASA1,139,10 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 city, village, town, or county in which the area is located or a participation contract under s. 299.83 (6) entered into by the city, village, town, or county in which the area is located.

AB649-ASA1,139,16 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 city, village, town, or county.

AB649-ASA1,139,24 (d) The project is located in a city, village, town, or county 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 city, village, town, or county.

AB649-ASA1, s. 320 Section 320. 560.205 (1) (g) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB649-ASA1,140,8 560.205 (1) (g) It is not primarily engaged in real estate development, insurance, banking, lending, lobbying, political consulting, professional services provided by attorneys, accountants, business consultants, physicians, or health care consultants, wholesale or retail trade, leisure, hospitality, transportation, or construction, except construction of power production plants that derive energy from a renewable resource, as defined in s. 196.378 (1) (h) 196.374 (1) (j).

AB649-ASA1, s. 321 Section 321. 560.302 of the statutes, as created by 2009 Wisconsin Act 28, is renumbered 560.302 (2m), and 560.302 (2m) (intro.) and (h), as renumbered, are amended to read:

AB649-ASA1,140,14 560.302 (2m) (intro.) Upon receipt of an application by an any eligible recipient, the department may consider any of the following in determining whether to award a grant or make a loan under s. 560.304:

AB649-ASA1,140,20 (h) Any other criteria established by the department by rule, including the types of projects that are eligible for funding and the types of eligible projects that will receive priority. The criteria established under this paragraph shall include a criterion that requires the department to give additional consideration to an eligible activity proposed by an eligible recipient that is a municipality if the eligible activity is described in sub. (1m).

AB649-ASA1, s. 322 Section 322. 560.302 (1m) of the statutes is created to read:

AB649-ASA1,141,2 560.302 (1m) Upon receipt of an application by an eligible recipient that is a municipality, the department shall consider whether an eligible activity proposed by that municipality will result in a reduction in travel, energy use, or the emission of greenhouse gases, as defined in s. 299.03 (1) (d), or whether one of the following applies to that eligible activity:

AB649-ASA1,141,5 (a) The eligible activity 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-ASA1,141,6 1. The area is surrounded by or is adjacent to existing development.

AB649-ASA1,141,9 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-ASA1,141,10 3. The area consists primarily of blighted properties.

AB649-ASA1,141,12 4. The area meets other criteria, specified by the department by rule, designed to ensure that the eligible activity reduces greenhouse gas emissions.

AB649-ASA1,141,15 (b) The municipality in which the eligible activity is located has adopted the design standards under s. 101.027 (4) and the eligible activity is in an area that is subject to the design standards.

AB649-ASA1,141,16 (c) All of the following apply:

AB649-ASA1,141,20 1. The eligible activity 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-ASA1,142,2 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-ASA1,142,10 (d) The eligible activity is located in a municipality that participates in tier I under s. 299.83 (3), the area in which the eligible activity 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. 323 Section 323. 560.305 (4) of the statutes, as created by 2009 Wisconsin Act 28, is renumbered 560.305 (4) (a) and amended to read:

AB649-ASA1,142,15 560.305 (4) (a) The Except as provided in par. (b), the board shall require, as a condition of a grant or loan, that a recipient contribute to a project an amount that is not less than 25 percent of the amount of the grant or loan.

AB649-ASA1, s. 324 Section 324. 560.305 (4) (b) of the statutes is created to read:

AB649-ASA1,142,19 560.305 (4) (b) The department may promulgate a rule that specifies a minimum contribution by an eligible recipient that is less than 25 percent of the amount of the grant or loan if all of the following apply:

AB649-ASA1,142,20 1. The eligible recipient is a municipality.

AB649-ASA1,142,22 2. The eligible recipient has proposed an eligible activity that satisfies the criteria in s. 560.302 (1m).

AB649-ASA1,142,23 3. The eligible recipient receives a grant or loan under this subchapter.

AB649-ASA1, s. 325 Section 325. 1983 Wisconsin Act 401, section 1 is repealed.

AB649-ASA1, s. 9101 Section 9101. Nonstatutory provisions; Administration.

AB649-ASA1,143,4 (1) Greenhouse gas emissions by state agencies; guidelines and protocols. The department of administration shall prescribe initial guidelines and protocols under section 16.954 (2) of the statutes, as created by this act, no later than the first day of the 13th month beginning after the effective date of this subsection.

AB649-ASA1,143,8 (2) Greenhouse gas emissions by state agencies; initial report. Notwithstanding section 16.954 (6) of the statutes, as created by this act, the department of administration shall submit its initial report under that subsection no later than July 1, 2013.

AB649-ASA1,143,18 (3) Levy limits exception. Using the procedure under section 227.24 of the statutes, the department of administration may promulgate the rules required under section 66.0602 (3) (e) 9. of the statutes for the period before the effective date of the permanent rule promulgated under that section but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of administration is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB649-ASA1, s. 9110 Section 9110. Nonstatutory provisions; Commerce.

AB649-ASA1,143,24 (1) Agricultural facilities energy conservation code. The department of commerce shall submit in proposed form the rules required under section 101.028 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 25th month beginning after the effective date of this subsection.

AB649-ASA1, s. 9137 Section 9137. Nonstatutory provisions; Natural Resources.

AB649-ASA1,144,5 (1) Air permit streamlining rules. The department of natural resources shall submit in proposed form the rules to implement section 285.60 (11) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 18th month beginning after the effective date of this subsection.

AB649-ASA1,144,10 (2) Forest grant program. The department of natural resources shall submit in proposed form the rules required under section 26.38 (3) (d) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

AB649-ASA1,144,19 (3) Biomass availability study. The department of natural resources shall create a committee consisting of representatives of state agencies and of groups with interests in the production, availability, and use of biomass. The committee shall study the availability of different types of biomass throughout the state and the impact that the use of biomass for energy production has on prices for biomass and shall evaluate the highest and best uses for biomass. The committee shall submit the results of the study and evaluation to the legislature, in the manner provided under section 13.172 (2) of the statutes, and to the governor no later than July 1, 2012.

AB649-ASA1, s. 9141 Section 9141. Nonstatutory provisions; Public Service Commission.

AB649-ASA1,144,21 (1) Renewable portfolio standard report.

AB649-ASA1,144,22 (a) In this subsection:

AB649-ASA1,144,24 1. "Electric provider" has the meaning given in section 196.378 (1r) (c) of the statutes, as affected by this act.

AB649-ASA1,145,2 2. "Renewable portfolio standard" has the meaning given in section 196.378 (1r) (gm) of the statutes, as created by this act.

AB649-ASA1,145,5 (b) The public service commission shall study options for ensuring that electric providers are able to comply with the renewable portfolio standard, including options for doing all of the following with regard to renewable energy construction projects:

AB649-ASA1,145,6 1. Streamlining the regulatory approval and siting process.

AB649-ASA1,145,8 2. Encouraging proposals that encompass multiple projects, with multiproject, integrative plans for the acquisition of sites, equipment, and contractors.

AB649-ASA1,145,10 3. Approving multiyear commitments for the acquisition of necessary equipment in a timely manner, with appropriate recovery of development costs.

AB649-ASA1,145,12 4. Encouraging larger electric providers to partner with smaller electric providers.

AB649-ASA1,145,17 (c) No later than 6 months after the effective date of this paragraph, the public service commission shall submit a report to the legislature and governor under section 13.172 (2) of the statutes that describes the actions the commission has taken or proposes to take to implement the options specified in paragraph (b) and any recommendations for legislation necessary to fully implement the options.

AB649-ASA1,145,25 (2) Large energy customer program rules. The public service commission shall study the rules it has promulgated under section 196.374 (3) (f) 3. of the statutes to determine whether the rules provide adequate opportunities for creating programs under section 196.374 (2) (c) of the statutes. No later than 6 months after the effective date of this subsection, the public service commission shall submit a report to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor that describes the commission's findings and the actions the commission has taken or intends to take to correct any deficiencies in the rules.

AB649-ASA1,146,5 (3) Portfolio credit rules. The public service commission shall submit in proposed form the rules required under section 196.378 (3) (a) 5., (b), and (c) 4. of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB649-ASA1,146,6 (4) Conservation certificate and capital investment rules.

AB649-ASA1,146,16 (a) Using the procedure under section 227.24 of the statutes, the public service commission shall promulgate rules required under section 196.378 (3m) (b) and (c) 3. of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under that section, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the public service commission is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this paragraph.

AB649-ASA1,146,21 (b) The public service commission shall submit in proposed form the rules required under section 196.378 (3m) (b) and (c) 3. of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this paragraph.

AB649-ASA1,147,4 (c) Before the date on which the rules required under section 196.378 (3m) (b) and (c) 3. of the statutes, as created by this act, are promulgated, the public service commission shall administer section 196.378 (3m) of the statutes, as created by this act, according to policies and procedures established by that public service commission, but not promulgated as rules, notwithstanding the absence of rules to administer that section. The public service commission shall make available to the public on its Internet Web site the policies and procedures established by the commission under this paragraph.

AB649-ASA1,147,16 (d) Before the date on which the rules required under section 196.374 (9) (b) of the statutes, as created by this act, are promulgated, the public service commission shall administer section 196.374 (9) (a) of the statutes, as created by this act, according to policies and procedures established by the public service commission, but not promulgated as rules, notwithstanding the absence of rules to administer that section. In administering section 196.374 (9) (a) of the statutes, as created by this act, pursuant to this paragraph, the public service commission shall give expeditious treatment to investments that involve the creation of conservation certificates, as defined in section 196.378 (1r) (at) of the statutes, as created by this act. The public service commission shall make available to the public on its Internet Web site the policies and procedures established by the commission under this paragraph.

AB649-ASA1,147,17 (5) Microcogeneration equipment.

AB649-ASA1,147,20 (a) In this subsection, "microcogeneration equipment" means equipment that produces electricity and heat for space or water heating through the combustion of natural gas or liquid propane gas, to which all of the following apply:

AB649-ASA1,147,22 1. The equipment has a rated electric generation capacity of not more than 20 kilowatts.

AB649-ASA1,147,24 2. The equipment captures not less than 85 percent of the energy content of the fuel in the form of electricity or usable heat.

AB649-ASA1,148,2 3. The equipment modulates its electric power output to match the electric power demand of the load it serves.

AB649-ASA1,148,18 (b) A statewide programs contractor, as defined in section 196.374 (1) (me) of the statutes, as created by this act, shall conduct a study of microcogeneration equipment, including the availability and reliability of the equipment, the cost of acquiring, installing, and operating the equipment, and the energy savings that can be realized by replacement of existing equipment commonly in use with microcogeneration equipment. If the contractor finds that microcogeneration equipment has reasonable potential to cost effectively reduce the use of fossil fuels while meeting the electric power and heating needs of residential buildings, the contractor shall include in the residential energy efficiency and conservation programs under the statewide programs, as defined in section 196.374 (1) (mb) of the statutes, as created by this act, elements to promote microcogeneration equipment, including financial assistance or incentives to the owners of residential buildings for the purchase and installation of microcogeneration equipment and elements to provide education to residential building owners regarding the availability of the equipment and and to provide education and training to persons in the building trades regarding the installation and maintenance of the equipment.

AB649-ASA1, s. 9150 Section 9150. Nonstatutory provisions; Transportation.

AB649-ASA1,149,2 (1) Wind turbine report. The department of transportation shall review regulatory barriers to the transport over the highways in this state of wind turbine components. No later than 6 months after the effective date of this subsection, the department shall submit a report to the legislature and governor under section 13.172 (2) of the statutes that describes the actions the department has taken to remove such barriers and any recommendations for legislation necessary to fully remove such barriers.

AB649-ASA1, s. 9157 Section 9157. Nonstatutory provisions; Other.