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.
AB649-ASA1, s. 44 8Section 44. 93.475 of the statutes is created to read:
AB649-ASA1,28,11 993.475 Bioenergy feedstock production, sustainable forestry, carbon
10sequestration and biomass and agricultural production incentive studies.

11(1) In this section:
AB649-ASA1,28,1312 (a) "Bioenergy feedstock" means biomass used to produce energy, including
13heat or electricity, or to produce a fuel, including transportation fuel.
AB649-ASA1,28,1414 (b) "Biomass" has the meaning given in s. 196.374 (1) (am).
AB649-ASA1,28,1515 (c) "Cap and trade program" has the meaning given in s. 299.04 (1) (a).
AB649-ASA1,28,17 16(2) (a) The department of agriculture, trade and consumer protection shall, in
17consultation with the department of natural resources, do all of the following:
AB649-ASA1,28,2418 1. Study whether current and projected markets for bioenergy feedstocks and
19state and federal programs in effect on the effective date of this subdivision .... [LRB
20inserts date], provide adequate financial incentives to prompt producers of bioenergy
21feedstocks to sustainably produce a supply of biomass that, as a result of the use of
22that biomass as bioenergy feedstocks, will significantly contribute to the
23achievement of the state greenhouse gas emission reduction goals established under
24s. 299.03 (2).
AB649-ASA1,29,6
12. Study whether current and projected markets and state and federal
2programs in effect on the effective date of this subdivision .... [LRB inserts date],
3provide adequate financial incentives to prompt entities to engage in sustainable
4forestry, carbon sequestration, and biomass and agricultural production practices in
5this state that will significantly contribute to the achievement of the state
6greenhouse gas emission reduction goals established under s. 299.03 (2).
AB649-ASA1,29,77 3. Prepare reports on the studies required under subds. 1. and 2.
AB649-ASA1,29,158 (b) The department of agriculture, trade and consumer protection and the
9department of natural resources shall prepare the studies required under this
10subsection in consultation with the office of energy independence in the department
11of administration, the public service commission, the University of Wisconsin
12System, the administrator of the statewide energy efficiency and renewable resource
13programs under s. 196.374 (2) (a) 1., representatives of natural resources and
14environmental organizations, and representatives of sectors of the economy in this
15state that are affected by the programs.
AB649-ASA1,30,5 16(3) (a) If, after conducting the study under sub. (2) (a) 1., the department of
17agriculture, trade and consumer protection and the department of natural resources
18determine that the financial incentives under state and federal law are inadequate
19to prompt producers of bioenergy feedstocks to sustainably produce a supply of
20biomass that will significantly contribute to the achievement of the state greenhouse
21gas emission reduction goals established under s. 299.03 (2), and that additional
22financial incentives are warranted, the department of agriculture, trade and
23consumer protection and the department of natural resources shall recommend
24changes to improve the effectiveness of financial incentives under existing state
25programs and propose new legislation offering additional financial incentives to

1prompt bioenergy feedstock producers to sustainably produce additional biomass in
2order to help achieve the state greenhouse gas emission reduction goals. The
3department of agriculture, trade and consumer protection and the department of
4natural resources shall consider all of the following when making the
5recommendations required under this paragraph:
AB649-ASA1,30,76 1. Methods to reduce financial risks of bioenergy feedstock producers, such as
7loan guarantees and insurance.
AB649-ASA1,30,118 2. Expansion of a cap and trade program or a voluntary greenhouse gas
9emission reduction offset program to create credits for producers of bioenergy
10feedstocks who reduce greenhouse gas emissions during the production of bioenergy
11feedstocks by adopting appropriate management practices.
AB649-ASA1,30,1412 3. Expansion of the renewable resource credits created under s. 196.378 (3) (a)
131. to authorize the creation of credits from the production or generation of nonelectric
14energy, as defined in s. 196.378 (1r) (dm), that is produced or generated from biomass.
AB649-ASA1,31,515 (b) If, after conducting the study under sub. (2) (a) 2., the department of
16agriculture, trade and consumer protection and the department of natural resources
17determine that financial incentives under state and federal law are inadequate to
18prompt entities to engage in sustainable forestry, carbon sequestration, and biomass
19and agricultural production practices in this state that will significantly contribute
20to the achievement of the state greenhouse gas emission reduction goals established
21under s. 299.03 (2), and that additional financial incentives are warranted, the
22department of agriculture, trade and consumer protection and the department of
23natural resources shall recommend changes to improve the effectiveness of financial
24incentives under existing state programs and propose new legislation offering
25additional financial incentives to prompt entities to engage in sustainable forestry,

1carbon sequestration, and biomass and agricultural production practices in order to
2help achieve the state greenhouse gas emission reduction goals. The department of
3agriculture, trade and consumer protection and the department of natural resources
4shall consider all of the following when making the recommendations required under
5this paragraph:
AB649-ASA1,31,86 1. Methods to reduce financial risks of entities engaged in sustainable forestry,
7carbon sequestration, and biomass and agricultural production practices, such as
8loan guarantees and insurance.
AB649-ASA1,31,129 2. Expansion of a cap and trade program or a voluntary greenhouse gas
10emission reduction offset program to create credits for entities who engage in
11sustainable forestry, carbon sequestration, and biomass and agricultural production
12practices who reduce greenhouse gas emissions as a result of such practices.
AB649-ASA1,31,1613 3. Expansion of the renewable resource credits created under s. 196.378 (3) (a)
141. to authorize the creation of credits from the amount of greenhouse gas reductions
15occurring from sustainable forestry, carbon sequestration, and biomass and
16agricultural production practices.
AB649-ASA1,31,2117 (c) No later than July 1, 2013, the department of agriculture, trade and
18consumer protection and the department of natural resources shall submit a report
19on the studies required under sub. (2) together with any recommended changes to
20current law or recommended new legislation proposed under par. (a) or (b) to the
21climate change coordinating council.
AB649-ASA1, s. 45 22Section 45. 101.02 (22m) of the statutes is created to read:
AB649-ASA1,32,223 101.02 (22m) The department shall inform owners of construction sites of their
24responsibilities under s. 346.947 (7). The department may fulfill this duty by any

1reasonable means, including notice on any applicable form prepared by the
2department.
AB649-ASA1, s. 46 3Section 46. 101.02 (23) of the statutes is created to read:
AB649-ASA1,32,74 101.02 (23) No later than July 1, 2013, and at least every 4 years thereafter,
5the department shall prepare and provide to the department of natural resources an
6assessment of progress toward meeting the new building energy use goal in s. 299.03
7(3).
AB649-ASA1, s. 47 8Section 47. 101.027 (1) of the statutes is renumbered 101.027 (1m) and
9amended to read:
AB649-ASA1,32,1510 101.027 (1m) In this section, "energy conservation code" means the The
11department shall, by rule, promulgate an
energy conservation code promulgated by
12the department
that sets minimum design requirements standards for construction
13and equipment for the purpose of energy conservation in public buildings and places
14of employment. Except as provided in sub. (1r), the rules shall conform to the energy
15design standards contained in a generally accepted code.
AB649-ASA1, s. 48 16Section 48. 101.027 (1g) of the statutes is created to read:
AB649-ASA1,32,2217 101.027 (1g) In this section, "generally accepted code" means the International
18Energy Conservation Code or an energy efficiency code that provides at least as great
19an energy conservation benefit as the energy design standards contained in the
20International Energy Conservation Code and that is generally accepted and used by
21architects, engineers, and the construction industry in the construction of public
22buildings and places of employment.
AB649-ASA1, s. 49 23Section 49. 101.027 (1r) of the statutes is created to read:
AB649-ASA1,33,224 101.027 (1r) (a) The department may set particular design standards that are
25less strict than those contained in the generally accepted code used by the

1department to promulgate the energy conservation code under sub. (1m) if all of the
2following apply:
AB649-ASA1,33,43 1. Application of the generally accepted code is unreasonably burdensome
4because of specific conditions existing in this state.
AB649-ASA1,33,65 2. The less strict standards provide the greatest energy conservation benefits
6that are consistent with the specific conditions.
AB649-ASA1,33,137 (b) The department may set particular design standards that are stricter than
8those contained in the generally accepted code used by the department to promulgate
9the energy conservation code under sub. (1m) if the department takes into account
10the cost of complying with the stricter standards in relationship to the benefits
11derived from complying with the stricter standards, including the reasonably
12foreseeable economic and environmental benefits to this state from any reduction in
13the use of fossil fuel and in emissions of greenhouse gasses.
AB649-ASA1, s. 50 14Section 50. 101.027 (2) of the statutes is amended to read:
AB649-ASA1,34,515 101.027 (2) The department shall review the energy conservation code
16promulgated under sub. (1m), and shall, subject to the requirements of sub. (1r),
17promulgate rules that change the requirements of the energy conservation code to
18improve energy conservation. No rule may be promulgated that has not taken into
19account the cost of the energy conservation code requirement, as changed by the rule,
20in relationship to the benefits derived from that requirement, including the
21reasonably foreseeable economic and environmental benefits to the state from any
22reduction in the use of imported fossil fuel. The proposed rules changing the energy
23conservation code shall be submitted to the legislature in the manner provided under
24s. 227.19. In conducting a review under this subsection, the department shall
25consider incorporating, into the energy conservation code, design requirements from

1the most current national energy efficiency design standards, including the
2International Energy Conservation Code or an energy efficiency code other than the
3International Energy Conservation Code if that energy efficiency code is used to
4prescribe design requirements for the purpose of conserving energy in buildings and
5is generally accepted and used by engineers and the construction industry.
AB649-ASA1, s. 51 6Section 51. 101.027 (3) (a) 1. of the statutes is amended to read:
AB649-ASA1,34,97 101.027 (3) (a) 1. A revision of the International Energy Conservation Code
8generally accepted code used by the department to promulgate the energy efficiency
9code under sub. (1m)
is published.
AB649-ASA1, s. 52 10Section 52. 101.027 (3) (b) 1. of the statutes is amended to read:
AB649-ASA1,34,1811 101.027 (3) (b) 1. If the department begins a review under sub. (2) because a
12revision of the International Energy Conservation Code generally accepted code
13used by the department to promulgate the energy efficiency code under sub. (1m)
is
14published, the department shall complete its review of the energy conservation code,
15as defined in sub. (1),
and submit to the legislature proposed rules changing the
16energy conservation code, as defined in sub. (1), no later than 18 months after the
17date on which the revision of the International Energy Conservation Code generally
18accepted code
is published.
AB649-ASA1, s. 53 19Section 53. 101.027 (4) of the statutes is created to read:
AB649-ASA1,35,1320 101.027 (4) The department shall promulgate rules that set voluntary design
21standards for the purpose of reducing the environmental impact of constructing,
22maintaining, and using public buildings and places of employment. The department
23shall base the design standards on standards jointly established by the American
24National Standards Institute, the American Society of Heating, Refrigerating and
25Air Conditioning Engineers, the U.S. Green Building Council, and the Illuminating

1Engineering Society of North America or on similar standards that are generally
2accepted and used by architects, engineers, and the construction industry in the
3construction of public buildings and places of employment if the similar standards
4provide benefits in reducing the environmental impact of constructing, maintaining,
5and using public buildings and places of employment that are at least as great as the
6benefits provided in the jointly established standards. The department shall
7promulgate rules under this subsection that set design standards that provide
8significantly greater energy conservation benefits than those provided by the design
9standards contained in the energy conservation code under sub. (1m).
10Notwithstanding s. 101.02 (7) (a), no county, city, village, or town may enact any
11ordinance or adopt any regulation that requires compliance with the voluntary
12design standards set by the department under rules promulgated under this
13subsection.
AB649-ASA1, s. 54 14Section 54. 101.028 of the statutes is created to read:
AB649-ASA1,35,20 15101.028 Agricultural building code. The department shall, by rule,
16promulgate an energy conservation code that sets minimum design standards for
17agricultural facilities. The department shall define, for purposes of that code,
18"agricultural facility," which shall include a barn and a milking parlor. The
19department shall consult with the department of agriculture, trade and consumer
20protection before promulgating rules under this section.
AB649-ASA1, s. 55 21Section 55. 101.62 of the statutes is amended to read:
AB649-ASA1,36,11 22101.62 Dwelling code council; power. The dwelling code council shall
23review the standards and rules for one- and 2-family dwelling construction and
24recommend a uniform dwelling code for adoption by the department which shall
25include rules providing for the conservation of energy in the construction and

1maintenance of dwellings, consistent with the requirements of s. 101.63 (1m), and
2for costs of specific code provisions to home buyers to be related to the benefits
3derived from such provisions. The council shall study the need for and availability
4of one-family and 2-family dwellings that are accessible to persons with disabilities,
5as defined in s. 106.50 (1m) (g), and shall make recommendations to the department
6for any changes to the uniform dwelling code that may be needed to ensure an
7adequate supply of one-family and 2-family dwellings. Upon its own initiative or
8at the request of the department, the council shall consider and make
9recommendations to the department pertaining to rules and any other matters
10related to this subchapter. The council shall recommend variances for different
11climate and soil conditions throughout the state.
AB649-ASA1, s. 56 12Section 56. 101.63 (1) (intro.) of the statutes is amended to read:
AB649-ASA1,36,2213 101.63 (1) (intro.) Adopt rules which establish standards for the construction
14and inspection of one- and 2-family dwellings and components thereof. Where
15feasible, the standards used shall be those nationally recognized and shall apply to
16the dwelling and to its electrical, heating, ventilating, air conditioning and other
17systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be
18adopted which has not taken into account the conservation of energy in construction
19and maintenance of dwellings and the costs of specific code provisions to home buyers
20in relationship to the benefits derived from the provisions.
Rules promulgated under
21this subsection do not apply to a bed and breakfast establishment, as defined under
22s. 254.61 (1), except that the rules apply to all of the following:
AB649-ASA1, s. 57 23Section 57. 101.63 (1m) of the statutes is created to read:
AB649-ASA1,37,424 101.63 (1m) (a) In this subsection, "generally accepted code" means the
25International Energy Conservation Code or an energy efficiency code that provides

1at least as great an energy conservation benefit as the energy design standards
2contained in the International Energy Conservation Code and that is generally
3accepted and used by architects, engineers, and the construction industry in the
4construction of one- and 2-family dwellings.
AB649-ASA1,37,115 (b) The department shall, by rule, promulgate an energy conservation code that
6sets minimum design standards for construction and equipment for the purpose of
7energy conservation in one- and 2-family dwellings. In promulgating the rules the
8department shall ensure that the minimum design standards are appropriate to
9specific conditions existing in this state and shall consider incorporating into the
10rules, subject to the requirements under pars. (c) and (d), the energy design
11standards contained in a generally accepted code.
AB649-ASA1,37,1412 (c) Before the department may set particular design standards that are less
13strict than those contained in a generally accepted code, it shall consider all of the
14following:
AB649-ASA1,37,1615 1. Whether application of a generally accepted code is unreasonably
16burdensome because of specific conditions existing in this state.
AB649-ASA1,37,1817 2. Whether the less strict standards provide the greatest energy conservation
18benefits that are consistent with the specific conditions.
AB649-ASA1,37,2419 (d) The department may set particular design standards that are stricter than
20those contained in a generally accepted code if the department takes into account the
21cost of complying with the stricter standards in relationship to the benefits derived
22from complying with the stricter standards, including the reasonably foreseeable
23economic and environmental benefits to this state from any reduction in the use of
24fossil fuel and in emissions of greenhouse gasses.
AB649-ASA1,38,4
1(e) The department shall review the energy conservation code promulgated
2under par. (b), and shall, subject to the requirements of pars. (c) and (d), promulgate
3rules that change the requirements of the energy conservation code to improve
4energy conservation.
AB649-ASA1,38,65 (f) The department shall begin a review under par. (e) whenever one of the
6following occurs:
AB649-ASA1,38,87 1. A revision of the generally accepted code used by the department to
8promulgate the energy conservation code under par. (b) is published.
AB649-ASA1,38,109 2. Three years have passed from the date on which the department last
10submitted to the legislature proposed rules changing the energy conservation code.
AB649-ASA1,38,1111 (g) The department shall complete a review under par. (e) as follows:
AB649-ASA1,38,1712 1. If the department begins a review under par. (e) because a revision of the
13generally accepted code used by the department to promulgate the energy
14conservation code under par. (b) is published, the department shall complete its
15review of the energy conservation code and submit to the legislature proposed rules
16changing the energy conservation code no later than 18 months after the date on
17which the revision of the generally accepted code is published.
AB649-ASA1,38,2318 2. If the department begins a review under par. (e) because 3 years have passed
19from the date on which the department last submitted to the legislature proposed
20rules changing the energy conservation code, the department shall complete its
21review of the energy conservation code and submit to the legislature proposed rules
22changing the energy conservation code no later than 9 months after the last day of
23the 3-year period.
AB649-ASA1, s. 58 24Section 58. 101.80 (1j) of the statutes is amended to read:
AB649-ASA1,39,3
1101.80 (1j) "Electricity provider" means a public utility, an electric cooperative,
2or a wholesale merchant plant operator, or, beginning on the date specified in the
3notice published under s. 196.493 (3) (b), a nonutility nuclear power plant operator
.
AB649-ASA1, s. 59 4Section 59. 101.80 (2m) of the statutes is created to read:
AB649-ASA1,39,75 101.80 (2m) "Nonutility nuclear power plant operator" means the operator of
6a nonutility nuclear power plant, as defined in s. 196.491 (1) (i). This subsection
7takes effect on the date specified in the notice published under s. 196.493 (3) (b).
AB649-ASA1, s. 60 8Section 60. 196.025 (1) (ag) 1. of the statutes is renumbered 196.025 (1) (ag)
91r.
AB649-ASA1, s. 61 10Section 61. 196.025 (1) (ag) 1g. of the statutes is created to read:
AB649-ASA1,39,1211 196.025 (1) (ag) 1g. "Municipal utility" has the meaning given in s. 16.957 (1)
12(q).
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