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:
AB649-ASA1,25,1010 1. The application form and procedures for applying.
AB649-ASA1,25,1211 2. Procedures and criteria for the review and approval or rejection of an
12application.
AB649-ASA1,25,1413 3. Procedures and criteria for disbursing payments under the program,
14including prorating of payments under sub. (4) (b) 1.
AB649-ASA1,25,1615 4. Reporting required of persons who have entered into a contract with the
16department under sub. (3).
AB649-ASA1,25,1717 5. Conditions under which a person may reenroll land under this section.
AB649-ASA1,25,1818 (b) Crops ineligible for payments, as described under sub. (7) (b).
AB649-ASA1,25,2219 (c) The amount of, limits on, and procedures for calculating cost-sharing
20payments available to persons under sub. (4) (a) 1., including the manner in which
21the amounts of or limits on cost-sharing payments will vary with the energy crops
22being established and the costs required to establish that energy crop.
AB649-ASA1,25,2423 (d) The amount of, limits on, and procedures for calculating income
24replacement payments under sub. (4) (a) 2., including all of the following:
AB649-ASA1,26,3
11. The maximum number of years a person may receive payments under sub.
2(4) (a) 2., which number shall depend upon the time required to establish the energy
3crop being established by the person.
AB649-ASA1,26,114 2. Limits on the amount or percent of income from payments received under
5the federal conservation reserve program, 7 USC 3831 to 3836, that may be included
6in the calculation of income replacement under sub. (4) (a) 2. The rules promulgated
7under this subdivision shall be designed to provide an incentive for persons who
8remove their land from the federal conservation reserve program to enroll the land
9in the program under this section, but small enough that those persons will not
10choose to withdraw their land from the federal conservation reserve program solely
11for the purpose of receiving payments under sub. (4) (a) 2.
AB649-ASA1,26,1612 (e) The amount of and limits on production payments made under sub. (4) (a)
133., including the manner in which the amount of the payment available to a person
14under sub. (4) (a) 3. will vary depending upon the energy or fuel derived from the
15particular energy crop produced, the costs to produce the energy crop, and other
16factors consistent with the objectives of the program under this section.
AB649-ASA1,26,1917 (f) Procedures and criteria for allocating funds available from the
18appropriation under s. 20.115 (4) (d) between cost-sharing payments, income
19replacement payments, and production payments.
AB649-ASA1,26,2220 (g) Limits on the amount of payments that a person with whom the department
21has entered into a contract under sub. (3) may receive in any payment category under
22sub. (4) (a), in any contract year, and over the duration of the contract.
AB649-ASA1,27,223 (h) Requirements for sustainable planting and harvesting practices, including
24practices to minimize consumptive water use and maximize water conservation,

1applicable to persons with whom the person has entered into a contract under sub.
2(3).
AB649-ASA1,27,73 (i) Rules to establish priorities for entering into contracts with persons and
4enrolling land in the program under this section, and for making payments to a
5person who has entered into a contract under sub. (3), based upon the attributes of
6the land, the agricultural practices of the person, or any other pertinent factors to
7advance all of the following objectives:
AB649-ASA1,27,88 1. Maximizing carbon sequestration, as defined in s. 299.03 (1) (bm).
AB649-ASA1,27,119 2. Minimizing life-cycle greenhouse gas emissions of the production,
10harvesting, processing, and distribution of the energy crop by minimizing any of the
11following:
AB649-ASA1,27,1312 a. The distance the energy crop must be transported between the point of
13production and the point of end use.
AB649-ASA1,27,1414 b. The use of fossil fuels to plant, cultivate, and harvest the energy crop.
AB649-ASA1,27,1615 c. The application of fertilizer and pesticide in connection with the production
16of the energy crop.
AB649-ASA1,27,1717 d. Other energy-consuming practices.
AB649-ASA1,27,1918 3. The preservation of farmland through a farmland preservation agreement
19or farmland preservation zoning.
AB649-ASA1,27,2020 4. Providing soil and water conservation or wildlife preservation benefits.
AB649-ASA1,27,24 21(9) Program outcomes and reports. The department of agriculture, trade and
22consumer protection shall, no later than July 1 of each odd year, submit to the
23departments of administration and natural resources a report containing all of the
24following information about the program under this section:
AB649-ASA1,27,2525 (a) The number of acres of land enrolled in the program.
AB649-ASA1,28,2
1(b) The number of tons and the energy content of each energy crop harvested
2under the program.
AB649-ASA1,28,33 (c) Costs of the program.
AB649-ASA1,28,54 (d) The extent to which the program under this section complements and is
5coordinated with the biomass crop assistance program under 7 USC 8111.
AB649-ASA1,28,76 (e) Any recommendations for legislation to improve the program under this
7section.
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