AB649-ASA1,16,321 66.0602 (2) Levy limit. Except as provided in subs. (3), (4), and (5), no political
22subdivision may increase its levy in any year by a percentage that exceeds the
23political subdivision's valuation factor. The base amount in any year, to which the
24limit under this section applies, shall be the maximum allowable levy for the
25immediately preceding year. In determining its levy in any year, a city, village, or

1town shall subtract any tax increment that is calculated under s. 59.57 (3) (a), 60.85
2(1) (L), or 66.1105 (2) (i). The base amount in any year, to which the limit under this
3section applies, may not include any amount to which sub. (3) (e) 8. or 9. applies.
AB649-ASA1, s. 26 4Section 26. 66.0602 (3) (e) 9. of the statutes is created to read:
AB649-ASA1,16,105 66.0602 (3) (e) 9. The amount that a political subdivision levies in that year to
6pay for energy efficiency measures and renewable energy products that result in the
7avoidance of, or reduction in, energy costs. The department of administration shall
8promulgate rules to facilitate the implementation of this subdivision by creating
9standards and definitions for terms including energy efficiency measures, renewable
10energy products, and energy costs.
AB649-ASA1, s. 27 11Section 27. 66.0627 (title) of the statutes, as affected by 2009 Wisconsin Act
1211
, is amended to read:
AB649-ASA1,16,14 1366.0627 (title) Special charges for current services and energy and
14water
efficiency improvement loans.
AB649-ASA1, s. 28 15Section 28. 66.0627 (1) (a) of the statutes, as created by 2009 Wisconsin Act
1611
, is amended to read:
AB649-ASA1,16,1917 66.0627 (1) (a) "Energy efficiency improvement" means an improvement to a
18residential, commercial, or industrial premises that reduces the usage of energy, or
19increases the efficiency of energy usage, at the premises.
AB649-ASA1, s. 29 20Section 29. 66.0627 (1) (d) of the statutes is created to read:
AB649-ASA1,16,2321 66.0627 (1) (d) "Water efficiency improvement" means an improvement to a
22residential, commercial, or industrial premises that reduces the usage of water, or
23increases the efficiency of water usage, at the premises.
AB649-ASA1, s. 30 24Section 30. 66.0627 (8) of the statutes, as created by 2009 Wisconsin Act 11,
25is amended to read:
AB649-ASA1,17,12
166.0627 (8) A political subdivision may make a loan to a resident of an owner
2or lessee of a premises located in
the political subdivision for making or installing an
3energy efficiency improvement, a water efficiency improvement, or a renewable
4resource application to the resident's residential property premises, or enter into an
5agreement with the owner or lessee regarding loan repayments to a 3rd party for
6owner-arranged or lessee-arranged financing for such purposes
. If a political
7subdivision makes such a loan or enters into such an agreement, the political
8subdivision may collect the loan repayment as a special charge under this section.
9Notwithstanding the provisions of sub. (4), a special charge imposed under this
10subsection may be collected in installments and may be included in the current or
11next tax roll for collection and settlement under ch. 74 even if the special charge is
12not delinquent.
AB649-ASA1, s. 31 13Section 31. 76.28 (1) (gm) 3. of the statutes is created to read:
AB649-ASA1,17,1714 76.28 (1) (gm) 3. A nonutility nuclear power plant, as defined in s. 196.491 (1)
15(i), that has a total power production capacity of at least 50 megawatts. This
16subdivision takes effect on the date specified in the notice published under s. 196.493
17(3) (b).
AB649-ASA1, s. 32 18Section 32. 77.54 (30) (a) 1m. of the statutes is amended to read:
AB649-ASA1,17,2019 77.54 (30) (a) 1m. Biomass, as defined in s. 196.378 (1) (ar) 196.374 (1) (am),
20that is used for fuel sold for residential use.
AB649-ASA1, s. 33 21Section 33. 79.005 (1b) of the statutes is amended to read:
AB649-ASA1,17,2422 79.005 (1b) "Alternative energy resource" means a renewable resource, as
23defined in s. 196.378 (1) (h) 196.374 (1) (j); garbage, as defined in s. 289.01 (9); or
24nonvegetation-based industrial, commercial, or household waste.
AB649-ASA1, s. 34 25Section 34. 79.005 (4) (d) of the statutes is amended to read:
AB649-ASA1,18,4
179.005 (4) (d) Replacing steam generating equipment at a combustion-based
2renewable facility, as defined in s. 196.378 (1) (1r) (g), that is located in this state, to
3increase efficiency or capacity, if the facility remains a combustion-based renewable
4facility, as defined in s. 196.378 (1) (1r) (g), after replacing the equipment.
AB649-ASA1, s. 35 5Section 35. 79.04 (6) (a) of the statutes is amended to read:
AB649-ASA1,18,206 79.04 (6) (a) Annually, beginning in 2005, for production plants that begin
7operation after December 31, 2003, or begin operation as a repowered production
8plant after December 31, 2003, except as provided in sub. (4m), the department of
9administration, upon certification by the department of revenue, shall distribute
10payments from the public utility account, as determined under par. (b), to each
11municipality and county in which a production plant is located, if the production
12plant has a name-plate capacity of at least one megawatt and is used by a light, heat,
13or power company assessed under s. 76.28 (2) or 76.29 (2), except property described
14in s. 66.0813, unless the production plant is owned or operated by a local
15governmental unit located outside of the municipality; by a qualified wholesale
16electric company, as defined in s. 76.28 (1) (gm); by a wholesale merchant plant, as
17defined in s. 196.491 (1) (w); by an electric cooperative assessed under ss. 76.07 and
1876.48, respectively; or by a municipal electric company under s. 66.0825; or,
19beginning on the date specified in the notice published under s. 196.493 (3) (b), by
20a nonutility nuclear power plant, as defined in s. 196.491 (1) (i)
.
AB649-ASA1, s. 36 21Section 36. 84.185 (1) (br) and (cr) of the statutes are created to read:
AB649-ASA1,18,2222 84.185 (1) (br) "Greenhouse gas" has the meaning given in s. 299.03 (1) (d).
AB649-ASA1,18,2423 (cr) "Traditional neighborhood development" has the meaning given in s.
2466.1027 (1) (c).
AB649-ASA1, s. 37 25Section 37. 84.185 (2) (b) 15. of the statutes is created to read:
AB649-ASA1,19,2
184.185 (2) (b) 15. Whether the improvement is a qualifying improvement under
2sub. (2m).
AB649-ASA1, s. 38 3Section 38. 84.185 (2) (d) of the statutes is created to read:
AB649-ASA1,19,64 84.185 (2) (d) The secretary may give greater weight to the criterion under par.
5(b) 15. than to the other criteria under par. (b) in determining whether to approve an
6improvement.
AB649-ASA1, s. 39 7Section 39. 84.185 (2m) of the statutes is created to read:
AB649-ASA1,19,118 84.185 (2m) Qualifying improvements. An improvement is a qualifying
9improvement for the purposes of subs. (2) (b) 15. and (4) (b) if the improvement will
10result in a reduction of travel, energy use, or emissions of greenhouse gases or if any
11of the following applies:
AB649-ASA1,19,1612 (a) The improvement is located in an area that is both designated for traditional
13neighborhood development in a comprehensive plan adopted under s. 66.1001 and
14to be developed as a traditional neighborhood development under an ordinance
15consistent with the model ordinance under s. 66.1027 (2) and any of the following
16applies:
AB649-ASA1,19,1717 1. The area is surrounded by or is adjacent to existing development.
AB649-ASA1,19,2018 2. The area is within a sewer service territory in the sewer service area
19provisions of an areawide water quality management plan under s. 283.83 approved
20by the department of natural resources.
AB649-ASA1,19,2121 3. The area consists primarily of blighted properties.
AB649-ASA1,19,2322 4. The area meets other criteria, specified by the department by rule, designed
23to ensure that the project reduces greenhouse gas emissions.
AB649-ASA1,20,3
1(b) The political subdivision in which the improvement is located has adopted
2the design standards under s. 101.027 (4) and the improvement is in an area that is
3subject to the design standards.
AB649-ASA1,20,44 (c) All of the following apply:
AB649-ASA1,20,85 1. The improvement is located in an area that is subject to either a charter
6under s. 299.83 (7e) issued to an association of entities that includes the political
7subdivision in which the area is located or a participation contract under s. 299.83
8(6) entered into by the city, village, town, or county in which the area is located.
AB649-ASA1,20,139 2. The department of natural resources determines, in consultation with the
10department of commerce, the department of administration, the public service
11commission, and the office of energy independence, that implementation of the
12charter is likely to result in significant reductions in emissions of greenhouse gases
13or in energy use by public or private entities within the political subdivision.
AB649-ASA1,20,2114 (d) The improvement is located in a political subdivision that participates in
15tier I under s. 299.83 (3), the area in which the improvement is located is affected by
16the participation in tier I, and the department of natural resources determines, in
17consultation with the department of commerce, the department of administration,
18the public service commission, and the office of energy independence, that the
19participation in tier I is likely to result in significant reductions in emissions of
20greenhouse gases or in energy use by public or private entities within the political
21subdivision.
AB649-ASA1, s. 40 22Section 40. 84.185 (3) (a) (intro.) of the statutes is amended to read:
AB649-ASA1,21,223 84.185 (3) (a) (intro.) When awarding a grant under this section, the
24department shall establish a grant ceiling. Except as provided in par. (b) 2., the grant
25ceiling shall not be amended after the secretary has approved an application for

1funding. Except as provided in par. (b) and sub. (4) (b), the grant ceiling shall be the
2lesser of the following:
AB649-ASA1, s. 41 3Section 41. 84.185 (4) of the statutes is renumbered 84.185 (4) (a).
AB649-ASA1, s. 42 4Section 42. 84.185 (4) (b) of the statutes is created to read:
AB649-ASA1,21,85 84.185 (4) (b) The rules promulgated under this subsection may provide for all
6of the following with respect to an improvement that is a qualifying improvement
7under sub. (2m) and that is the subject of an agreement under sub. (7m) between the
8department and a governing body:
AB649-ASA1,21,99 1. A grant ceiling that is higher than the grant ceiling specified in sub. (3).
AB649-ASA1,21,1210 2. Different standards related to job creation or retention, or both, than those
11that would apply under sub. (2) (b) 3. and 4. to an improvement that is not a
12qualifying improvement.
AB649-ASA1, s. 43 13Section 43. 93.47 of the statutes is created to read:
AB649-ASA1,21,14 1493.47 Energy crop reserve program. (1) Definitions. In this section:
AB649-ASA1,21,1615 (a) "Agronomic practices" means agricultural practices generally associated
16with row cropping, including row crop production, soil management, and cultivation.
AB649-ASA1,21,1917 (b) "Native sod" means land on which the plant cover is composed principally
18of native grasses, grass-like plants, forbs, or shrubs suitable for grazing and
19browsing, and that has never been tilled for the production of an annual crop.
AB649-ASA1,21,2120 (c) "Short rotation woody crop" means a woody crop, including willows and
21poplars, grown using agronomic practices.
AB649-ASA1,21,24 22(2) Program. The department shall administer a program in which it pays
23persons to establish and produce any eligible perennial herbaceous crop or short
24rotation woody crop for the production of energy or fuel.
AB649-ASA1,22,3
1(3) Contract. (a) The department may enter into a contract, for a period not
2to exceed 10 years, with a person who applies to participate in the program under this
3section if all of the following are satisfied:
AB649-ASA1,22,44 1. The person is eligible under sub. (5).
AB649-ASA1,22,55 2. The person's land is eligible for enrollment under sub. (6).
AB649-ASA1,22,76 3. The person is producing or will produce an energy crop eligible under sub.
7(7).
AB649-ASA1,22,88 (b) The department may renew a contract entered into under this section.
AB649-ASA1,22,129 (c) A person who has entered into a contract with the department and enrolled
10eligible land in the program under this section may enter into additional contracts
11with the department to enroll additional eligible land in the program under this
12section.
AB649-ASA1,22,1413 (d) If applicable, a person who enters into a contract under this section shall
14comply with each of the following on all lands under the person's control:
AB649-ASA1,22,1615 1. Sustainable planting and harvesting requirements established by the
16department by rule for perennial herbaceous crops or for short rotation woody crops.
AB649-ASA1,22,1817 2. Notwithstanding s. 281.16 (3) (e), the performance standards, prohibitions,
18conservation practices, and technical standards under s. 281.16 (3) (a) to (c).
AB649-ASA1,22,22 19(4) Payments; limitations. (a) Subject to the limitations under par. (b), from
20the appropriation under s. 20.115 (4) (d), the department may make any of the
21following payments to a person with whom the department has entered into a
22contract under sub. (3) if the person is eligible for the payment:
AB649-ASA1,22,2523 1. Cost-sharing payments equal to a percentage, specified by the department
24under sub. (8) (c), of the cost to establish an energy crop on the land enrolled under
25the contract.
AB649-ASA1,23,10
12. Income replacement payments of a percentage, specified by the department
2under sub. (8) (d), of the average annual net income the person earned from the land
3enrolled under the contract in the 5 consecutive years before the land was enrolled
4in the program under this section. The person may receive an annual payment under
5this subsection until the person is eligible to receive or has received a production
6payment under subd. 3. for energy crops harvested on land enrolled under the
7contract, or for the number of years specified by the department under sub. (8) (d)
81., whichever is less. A payment under this subdivision may replace a portion of the
9payment, as specified by the department under sub. (8) (d) 2., the person had received
10under the conservation reserve program under 16 USC 3831 to 3836.
AB649-ASA1,23,1311 3. Production payments, of an amount determined by the department under
12sub. (8) (e), for each ton of energy crop harvested and used to produce energy or fuel
13or sold to a person that will use the crop to produce energy or fuel.
AB649-ASA1,23,1714 (b) 1. If the total amount of payments to be made under par. (a) in a fiscal year
15would exceed the amount available from the appropriation under s. 20.115 (4) (d), the
16department shall prorate the payments among all persons eligible to receive a
17payment under par. (a) in that fiscal year.
AB649-ASA1,23,1918 2. No person eligible to receive a payment under par. (a) may receive payments
19in excess of the amount established by the department under sub. (8) (g).
AB649-ASA1,23,21 20(5) Eligibility. A person is eligible to participate in the program under this
21section if any of the following applies:
AB649-ASA1,23,2222 (a) The person owns land eligible to be enrolled in the program.
AB649-ASA1,23,2423 (b) The person controls land eligible to be enrolled in the program under a lease
24that covers the contract period established under sub. (3).
AB649-ASA1,24,3
1(6) Enrollment. (a) Except as provided in par. (b), a person eligible under sub.
2(5) may apply to enroll in the program under this section any land in this state that
3is used or suitable for growing the crops identified under sub. (7).
AB649-ASA1,24,44 (b) The following land may not be enrolled in the program under this section:
AB649-ASA1,24,75 1. Federally owned land, other than land in this state held in trust by the
6federal government for an American Indian or a federally recognized American
7Indian tribe or band.
AB649-ASA1,24,98 2. Land owned by a municipality. In this subdivision, "municipality" has the
9meaning given in s. 66.0301 (1) (a).
AB649-ASA1,24,1110 3. Land that is in native sod on the effective date of this subdivision .... [LRB
11inserts date].
AB649-ASA1,24,1212 4. Land enrolled in the program under subch. I or subch. VI of ch. 77.
AB649-ASA1,24,1313 5. Land enrolled in any of the following:
AB649-ASA1,24,1414 a. The conservation reserve program under 16 USC 3831 to 3836.
AB649-ASA1,24,1515 b. The wetlands reserve program under 16 USC 3837 to 3837f.
AB649-ASA1,24,1616 c. The grassland reserve program under 16 USC 3838n to 3838q.
AB649-ASA1,24,1717 d. The biomass crop assistance program under 7 USC 8111.
AB649-ASA1,24,20 18(7) Eligible energy crops. (a) Except as provided in par. (b), a person may
19receive payments under this section for the production of any perennial herbaceous
20crop or short rotation woody crop to be harvested and used to produce energy or fuel.
AB649-ASA1,24,2221 (b) No payments may be received under this section for the growth of any of the
22following:
AB649-ASA1,24,2523 1. A crop that is produced and harvested for a purpose other than the
24production of energy or fuel, even if the residue of the crop may be used to produce
25energy or fuel.
AB649-ASA1,25,2
12. Any plant identified by the department of natural resources under s. 23.22
2as invasive or having the potential to become invasive.
AB649-ASA1,25,33 3. Any other crop specified by the department by rule.
AB649-ASA1,25,7 4(8) Rule making. The department of agriculture, trade and consumer
5protection shall promulgate the following by rule and shall consult with the
6department of natural resources in the preparation of any rules that affect the
7natural resources of this state:
AB649-ASA1,25,98 (a) Rules to implement and administer the program under this section,
9including all of the following:
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