Amendment ASA1-AB649

AB649-ASA1,24,17 d. The biomass crop assistance program under 7 USC 8111.

AB649-ASA1,24,20 (7) Eligible energy crops. (a) Except as provided in par. (b), a person may receive payments under this section for the production of any perennial herbaceous crop or short rotation woody crop to be harvested and used to produce energy or fuel.

AB649-ASA1,24,22 (b) No payments may be received under this section for the growth of any of the following:

AB649-ASA1,24,25 1. A crop that is produced and harvested for a purpose other than the production of energy or fuel, even if the residue of the crop may be used to produce energy or fuel.

AB649-ASA1,25,2 2. Any plant identified by the department of natural resources under s. 23.22 as invasive or having the potential to become invasive.

AB649-ASA1,25,3 3. Any other crop specified by the department by rule.

AB649-ASA1,25,7 (8) Rule making. The department of agriculture, trade and consumer protection shall promulgate the following by rule and shall consult with the department of natural resources in the preparation of any rules that affect the natural resources of this state:

AB649-ASA1,25,9 (a) Rules to implement and administer the program under this section, including all of the following:

AB649-ASA1,25,10 1. The application form and procedures for applying.

AB649-ASA1,25,12 2. Procedures and criteria for the review and approval or rejection of an application.

AB649-ASA1,25,14 3. Procedures and criteria for disbursing payments under the program, including prorating of payments under sub. (4) (b) 1.

AB649-ASA1,25,16 4. Reporting required of persons who have entered into a contract with the department under sub. (3).

AB649-ASA1,25,17 5. Conditions under which a person may reenroll land under this section.

AB649-ASA1,25,18 (b) Crops ineligible for payments, as described under sub. (7) (b).

AB649-ASA1,25,22 (c) The amount of, limits on, and procedures for calculating cost-sharing payments available to persons under sub. (4) (a) 1., including the manner in which the amounts of or limits on cost-sharing payments will vary with the energy crops being established and the costs required to establish that energy crop.

AB649-ASA1,25,24 (d) The amount of, limits on, and procedures for calculating income replacement payments under sub. (4) (a) 2., including all of the following:

AB649-ASA1,26,3 1. The maximum number of years a person may receive payments under sub. (4) (a) 2., which number shall depend upon the time required to establish the energy crop being established by the person.

AB649-ASA1,26,11 2. Limits on the amount or percent of income from payments received under the federal conservation reserve program, 7 USC 3831 to 3836, that may be included in the calculation of income replacement under sub. (4) (a) 2. The rules promulgated under this subdivision shall be designed to provide an incentive for persons who remove their land from the federal conservation reserve program to enroll the land in the program under this section, but small enough that those persons will not choose to withdraw their land from the federal conservation reserve program solely for the purpose of receiving payments under sub. (4) (a) 2.

AB649-ASA1,26,16 (e) The amount of and limits on production payments made under sub. (4) (a) 3., including the manner in which the amount of the payment available to a person under sub. (4) (a) 3. will vary depending upon the energy or fuel derived from the particular energy crop produced, the costs to produce the energy crop, and other factors consistent with the objectives of the program under this section.

AB649-ASA1,26,19 (f) Procedures and criteria for allocating funds available from the appropriation under s. 20.115 (4) (d) between cost-sharing payments, income replacement payments, and production payments.

AB649-ASA1,26,22 (g) Limits on the amount of payments that a person with whom the department has entered into a contract under sub. (3) may receive in any payment category under sub. (4) (a), in any contract year, and over the duration of the contract.

AB649-ASA1,27,2 (h) Requirements for sustainable planting and harvesting practices, including practices to minimize consumptive water use and maximize water conservation, applicable to persons with whom the person has entered into a contract under sub. (3).

AB649-ASA1,27,7 (i) Rules to establish priorities for entering into contracts with persons and enrolling land in the program under this section, and for making payments to a person who has entered into a contract under sub. (3), based upon the attributes of the land, the agricultural practices of the person, or any other pertinent factors to advance all of the following objectives:

AB649-ASA1,27,8 1. Maximizing carbon sequestration, as defined in s. 299.03 (1) (bm).

AB649-ASA1,27,11 2. Minimizing life-cycle greenhouse gas emissions of the production, harvesting, processing, and distribution of the energy crop by minimizing any of the following:

AB649-ASA1,27,13 a. The distance the energy crop must be transported between the point of production and the point of end use.

AB649-ASA1,27,14 b. The use of fossil fuels to plant, cultivate, and harvest the energy crop.

AB649-ASA1,27,16 c. The application of fertilizer and pesticide in connection with the production of the energy crop.

AB649-ASA1,27,17 d. Other energy-consuming practices.

AB649-ASA1,27,19 3. The preservation of farmland through a farmland preservation agreement or farmland preservation zoning.

AB649-ASA1,27,20 4. Providing soil and water conservation or wildlife preservation benefits.

AB649-ASA1,27,24 (9) Program outcomes and reports. The department of agriculture, trade and consumer protection shall, no later than July 1 of each odd year, submit to the departments of administration and natural resources a report containing all of the following information about the program under this section:

AB649-ASA1,27,25 (a) The number of acres of land enrolled in the program.

AB649-ASA1,28,2 (b) The number of tons and the energy content of each energy crop harvested under the program.

AB649-ASA1,28,3 (c) Costs of the program.

AB649-ASA1,28,5 (d) The extent to which the program under this section complements and is coordinated with the biomass crop assistance program under 7 USC 8111.

AB649-ASA1,28,7 (e) Any recommendations for legislation to improve the program under this section.

AB649-ASA1, s. 44 Section 44. 93.475 of the statutes is created to read:

AB649-ASA1,28,11 93.475 Bioenergy feedstock production, sustainable forestry, carbon sequestration and biomass and agricultural production incentive studies. (1) In this section:

AB649-ASA1,28,13 (a) "Bioenergy feedstock" means biomass used to produce energy, including heat or electricity, or to produce a fuel, including transportation fuel.

AB649-ASA1,28,14 (b) "Biomass" has the meaning given in s. 196.374 (1) (am).

AB649-ASA1,28,15 (c) "Cap and trade program" has the meaning given in s. 299.04 (1) (a).

AB649-ASA1,28,17 (2) (a) The department of agriculture, trade and consumer protection shall, in consultation with the department of natural resources, do all of the following:

AB649-ASA1,28,24 1. Study whether current and projected markets for bioenergy feedstocks and state and federal programs in effect on the effective date of this subdivision .... [LRB inserts date], provide adequate financial incentives to prompt producers of bioenergy feedstocks to sustainably produce a supply of biomass that, as a result of the use of that biomass as bioenergy feedstocks, will significantly contribute to the achievement of the state greenhouse gas emission reduction goals established under s. 299.03 (2).

AB649-ASA1,29,6 2. Study whether current and projected markets and state and federal programs in effect on the effective date of this subdivision .... [LRB inserts date], provide adequate financial incentives to prompt entities to engage in sustainable forestry, carbon sequestration, and biomass and agricultural production practices in this state that will significantly contribute to the achievement of the state greenhouse gas emission reduction goals established under s. 299.03 (2).

AB649-ASA1,29,7 3. Prepare reports on the studies required under subds. 1. and 2.

AB649-ASA1,29,15 (b) The department of agriculture, trade and consumer protection and the department of natural resources shall prepare the studies required under this subsection in consultation with the office of energy independence in the department of administration, the public service commission, the University of Wisconsin System, the administrator of the statewide energy efficiency and renewable resource programs under s. 196.374 (2) (a) 1., representatives of natural resources and environmental organizations, and representatives of sectors of the economy in this state that are affected by the programs.

AB649-ASA1,30,5 (3) (a) If, after conducting the study under sub. (2) (a) 1., the department of agriculture, trade and consumer protection and the department of natural resources determine that the financial incentives under state and federal law are inadequate to prompt producers of bioenergy feedstocks to sustainably produce a supply of biomass that will significantly contribute to the achievement of the state greenhouse gas emission reduction goals established under s. 299.03 (2), and that additional financial incentives are warranted, the department of agriculture, trade and consumer protection and the department of natural resources shall recommend changes to improve the effectiveness of financial incentives under existing state programs and propose new legislation offering additional financial incentives to prompt bioenergy feedstock producers to sustainably produce additional biomass in order to help achieve the state greenhouse gas emission reduction goals. The department of agriculture, trade and consumer protection and the department of natural resources shall consider all of the following when making the recommendations required under this paragraph:

AB649-ASA1,30,7 1. Methods to reduce financial risks of bioenergy feedstock producers, such as loan guarantees and insurance.

AB649-ASA1,30,11 2. Expansion of a cap and trade program or a voluntary greenhouse gas emission reduction offset program to create credits for producers of bioenergy feedstocks who reduce greenhouse gas emissions during the production of bioenergy feedstocks by adopting appropriate management practices.

AB649-ASA1,30,14 3. Expansion of the renewable resource credits created under s. 196.378 (3) (a) 1. to authorize the creation of credits from the production or generation of nonelectric energy, as defined in s. 196.378 (1r) (dm), that is produced or generated from biomass.

AB649-ASA1,31,5 (b) If, after conducting the study under sub. (2) (a) 2., the department of agriculture, trade and consumer protection and the department of natural resources determine that financial incentives under state and federal law are inadequate to prompt entities to engage in sustainable forestry, carbon sequestration, and biomass and agricultural production practices in this state that will significantly contribute to the achievement of the state greenhouse gas emission reduction goals established under s. 299.03 (2), and that additional financial incentives are warranted, the department of agriculture, trade and consumer protection and the department of natural resources shall recommend changes to improve the effectiveness of financial incentives under existing state programs and propose new legislation offering additional financial incentives to prompt entities to engage in sustainable forestry, carbon sequestration, and biomass and agricultural production practices in order to help achieve the state greenhouse gas emission reduction goals. The department of agriculture, trade and consumer protection and the department of natural resources shall consider all of the following when making the recommendations required under this paragraph:

AB649-ASA1,31,8 1. Methods to reduce financial risks of entities engaged in sustainable forestry, carbon sequestration, and biomass and agricultural production practices, such as loan guarantees and insurance.

AB649-ASA1,31,12 2. Expansion of a cap and trade program or a voluntary greenhouse gas emission reduction offset program to create credits for entities who engage in sustainable forestry, carbon sequestration, and biomass and agricultural production practices who reduce greenhouse gas emissions as a result of such practices.

AB649-ASA1,31,16 3. Expansion of the renewable resource credits created under s. 196.378 (3) (a) 1. to authorize the creation of credits from the amount of greenhouse gas reductions occurring from sustainable forestry, carbon sequestration, and biomass and agricultural production practices.

AB649-ASA1,31,21 (c) No later than July 1, 2013, the department of agriculture, trade and consumer protection and the department of natural resources shall submit a report on the studies required under sub. (2) together with any recommended changes to current law or recommended new legislation proposed under par. (a) or (b) to the climate change coordinating council.

AB649-ASA1, s. 45 Section 45. 101.02 (22m) of the statutes is created to read:

AB649-ASA1,32,2 101.02 (22m) The department shall inform owners of construction sites of their responsibilities under s. 346.947 (7). The department may fulfill this duty by any reasonable means, including notice on any applicable form prepared by the department.

AB649-ASA1, s. 46 Section 46. 101.02 (23) of the statutes is created to read:

AB649-ASA1,32,7 101.02 (23) No later than July 1, 2013, and at least every 4 years thereafter, the department shall prepare and provide to the department of natural resources an assessment of progress toward meeting the new building energy use goal in s. 299.03 (3).

AB649-ASA1, s. 47 Section 47. 101.027 (1) of the statutes is renumbered 101.027 (1m) and amended to read:

AB649-ASA1,32,15 101.027 (1m) In this section, "energy conservation code" means the The department shall, by rule, promulgate an energy conservation code promulgated by the department that sets minimum design requirements standards for construction and equipment for the purpose of energy conservation in public buildings and places of employment. Except as provided in sub. (1r), the rules shall conform to the energy design standards contained in a generally accepted code.

AB649-ASA1, s. 48 Section 48. 101.027 (1g) of the statutes is created to read:

AB649-ASA1,32,22 101.027 (1g) In this section, "generally accepted code" means the International Energy Conservation Code or an energy efficiency code that provides at least as great an energy conservation benefit as the energy design standards contained in the International Energy Conservation Code and that is generally accepted and used by architects, engineers, and the construction industry in the construction of public buildings and places of employment.

AB649-ASA1, s. 49 Section 49. 101.027 (1r) of the statutes is created to read:

AB649-ASA1,33,2 101.027 (1r) (a) The department may set particular design standards that are less strict than those contained in the generally accepted code used by the department to promulgate the energy conservation code under sub. (1m) if all of the following apply:

AB649-ASA1,33,4 1. Application of the generally accepted code is unreasonably burdensome because of specific conditions existing in this state.

AB649-ASA1,33,6 2. The less strict standards provide the greatest energy conservation benefits that are consistent with the specific conditions.

AB649-ASA1,33,13 (b) The department may set particular design standards that are stricter than those contained in the generally accepted code used by the department to promulgate the energy conservation code under sub. (1m) if the department takes into account the cost of complying with the stricter standards in relationship to the benefits derived from complying with the stricter standards, including the reasonably foreseeable economic and environmental benefits to this state from any reduction in the use of fossil fuel and in emissions of greenhouse gasses.

AB649-ASA1, s. 50 Section 50. 101.027 (2) of the statutes is amended to read:

AB649-ASA1,34,5 101.027 (2) The department shall review the energy conservation code promulgated under sub. (1m), and shall, subject to the requirements of sub. (1r), promulgate rules that change the requirements of the energy conservation code to improve energy conservation. No rule may be promulgated that has not taken into account the cost of the energy conservation code requirement, as changed by the rule, in relationship to the benefits derived from that requirement, including the reasonably foreseeable economic and environmental benefits to the state from any reduction in the use of imported fossil fuel. The proposed rules changing the energy conservation code shall be submitted to the legislature in the manner provided under s. 227.19. In conducting a review under this subsection, the department shall consider incorporating, into the energy conservation code, design requirements from the most current national energy efficiency design standards, including the International Energy Conservation Code or an energy efficiency code other than the International Energy Conservation Code if that energy efficiency code is used to prescribe design requirements for the purpose of conserving energy in buildings and is generally accepted and used by engineers and the construction industry.

AB649-ASA1, s. 51 Section 51. 101.027 (3) (a) 1. of the statutes is amended to read:

AB649-ASA1,34,9 101.027 (3) (a) 1. A revision of the International Energy Conservation Code generally accepted code used by the department to promulgate the energy efficiency code under sub. (1m) is published.

AB649-ASA1, s. 52 Section 52. 101.027 (3) (b) 1. of the statutes is amended to read:

AB649-ASA1,34,18 101.027 (3) (b) 1. If the department begins a review under sub. (2) because a revision of the International Energy Conservation Code generally accepted code used by the department to promulgate the energy efficiency code under sub. (1m) is published, the department shall complete its review of the energy conservation code, as defined in sub. (1), and submit to the legislature proposed rules changing the energy conservation code, as defined in sub. (1), no later than 18 months after the date on which the revision of the International Energy Conservation Code generally accepted code is published.

AB649-ASA1, s. 53 Section 53. 101.027 (4) of the statutes is created to read:

AB649-ASA1,35,13 101.027 (4) The department shall promulgate rules that set voluntary design standards for the purpose of reducing the environmental impact of constructing, maintaining, and using public buildings and places of employment. The department shall base the design standards on standards jointly established by the American National Standards Institute, the American Society of Heating, Refrigerating and Air Conditioning Engineers, the U.S. Green Building Council, and the Illuminating Engineering Society of North America or on similar standards that are generally accepted and used by architects, engineers, and the construction industry in the construction of public buildings and places of employment if the similar standards provide benefits in reducing the environmental impact of constructing, maintaining, and using public buildings and places of employment that are at least as great as the benefits provided in the jointly established standards. The department shall promulgate rules under this subsection that set design standards that provide significantly greater energy conservation benefits than those provided by the design standards contained in the energy conservation code under sub. (1m). Notwithstanding s. 101.02 (7) (a), no county, city, village, or town may enact any ordinance or adopt any regulation that requires compliance with the voluntary design standards set by the department under rules promulgated under this subsection.

AB649-ASA1, s. 54 Section 54. 101.028 of the statutes is created to read:

AB649-ASA1,35,20 101.028 Agricultural building code. The department shall, by rule, promulgate an energy conservation code that sets minimum design standards for agricultural facilities. The department shall define, for purposes of that code, "agricultural facility," which shall include a barn and a milking parlor. The department shall consult with the department of agriculture, trade and consumer protection before promulgating rules under this section.

AB649-ASA1, s. 55 Section 55. 101.62 of the statutes is amended to read:

AB649-ASA1,36,11 101.62 Dwelling code council; power. The dwelling code council shall review the standards and rules for one- and 2-family dwelling construction and recommend a uniform dwelling code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings, consistent with the requirements of s. 101.63 (1m), and for costs of specific code provisions to home buyers to be related to the benefits derived from such provisions. The council shall study the need for and availability of one-family and 2-family dwellings that are accessible to persons with disabilities, as defined in s. 106.50 (1m) (g), and shall make recommendations to the department for any changes to the uniform dwelling code that may be needed to ensure an adequate supply of one-family and 2-family dwellings. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall recommend variances for different climate and soil conditions throughout the state.

AB649-ASA1, s. 56 Section 56. 101.63 (1) (intro.) of the statutes is amended to read:

AB649-ASA1,36,22 101.63 (1) (intro.) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 254.61 (1), except that the rules apply to all of the following:

AB649-ASA1, s. 57 Section 57. 101.63 (1m) of the statutes is created to read:

AB649-ASA1,37,4 101.63 (1m) (a) In this subsection, "generally accepted code" means the International Energy Conservation Code or an energy efficiency code that provides at least as great an energy conservation benefit as the energy design standards contained in the International Energy Conservation Code and that is generally accepted and used by architects, engineers, and the construction industry in the construction of one- and 2-family dwellings.

AB649-ASA1,37,11 (b) The department shall, by rule, promulgate an energy conservation code that sets minimum design standards for construction and equipment for the purpose of energy conservation in one- and 2-family dwellings. In promulgating the rules the department shall ensure that the minimum design standards are appropriate to specific conditions existing in this state and shall consider incorporating into the rules, subject to the requirements under pars. (c) and (d), the energy design standards contained in a generally accepted code.

AB649-ASA1,37,14 (c) Before the department may set particular design standards that are less strict than those contained in a generally accepted code, it shall consider all of the following: