AB649: Bill Text

AB649,133,19 196.52 (9) (g) Nothing in this subsection prohibits a cooperative association organized under ch. 185, a municipal utility, as defined in s. 196.377 (2) (a) 3. 196.494 (1) (am), or a municipal electric company, as defined in s. 66.0825 (3) (d), from acquiring an interest in an electric generating facility that is constructed pursuant to a leased generation contract or from acquiring an interest in land on which such an electric generating facility is located.

AB649, s. 261 Section 261. 196.65 (1) of the statutes is renumbered 196.65 (1r).

AB649, s. 262 Section 262. 196.65 (1g) of the statutes is created to read:

AB649,133,22 196.65 (1g) In this section, "public utility" includes all of the following:

AB649,134,2 (a) The owner or operator of a nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649,134,3 (b) A prime supplier, as defined in s. 196.374 (1) (ig).

AB649, s. 263 Section 263. 196.65 (2) of the statutes is amended to read:

AB649,134,8 196.65 (2) A penalty of not less than $500 nor more than $5,000 shall be recovered from the public utility for each offense under sub. (1) (1r) if the officer, agent or employee of the public utility acted in obedience to the direction, instruction or request of the public utility or any general officer of the public utility.

AB649, s. 264 Section 264. 196.66 (1) of the statutes is renumbered 196.66 (1r).

AB649, s. 265 Section 265. 196.66 (1g) of the statutes is created to read:

AB649,134,12 196.66 (1g) Definitions. In this section, "public utility" includes all of the following:

AB649,134,16 (a) The owner or operator of a nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649,134,17 (b) A prime supplier, as defined in s. 196.374 (1) (ig).

AB649, s. 266 Section 266. 196.66 (2) of the statutes is amended to read:

AB649,134,24 196.66 (2) Each day separate offense. Every day during which any public utility or any officer, agent, as defined in sub. (3) (a), or employee of a public utility fails to comply with any order or direction of the commission or to perform any duty enjoined by this chapter or ch. 197 shall constitute a separate and distinct violation under sub. (1) (1r). If the order is suspended, stayed or enjoined, this penalty shall not accrue.

AB649, s. 267 Section 267. 196.66 (4) (b) of the statutes is amended to read:

AB649,135,4 196.66 (4) (b) If a public utility fails to comply with any rule, order or direction of the commission after actual receipt by the public utility of written notice from the commission specifying the failure, the maximum forfeiture under sub. (1) (1r) shall be $15,000.

AB649, s. 268 Section 268. 196.795 (6m) (a) 4m. of the statutes is created to read:

AB649,135,10 196.795 (6m) (a) 4m. "Nonutility nuclear power plant" means a nonutility nuclear power plant, as defined in s. 196.491 (1) (i), that is located in the reliability council area and that is owned, operated, or controlled by an affiliated interest of a public utility. This subdivision takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649, s. 269 Section 269. 196.795 (6m) (cm) of the statutes is created to read:

AB649,135,17 196.795 (6m) (cm) Nonutility nuclear power plants. The assets of a nonutility nuclear power plant shall not be included in the sum of the assets of a public utility affiliate under par. (b) 1. a., b., or c. and shall not be included in a nonutility affiliate's total assets under par. (b) 2. a. if the requirements specified in s. 196.491 (3m) (a) 1. and 2. are satisfied. This paragraph takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649, s. 270 Section 270. 196.795 (11) (b) of the statutes is amended to read:

AB649,136,4 196.795 (11) (b) This section shall be deemed to legalize and confirm the formation, prior to November 28, 1985, of any holding company, which is not itself a public utility, and shall be deemed to legalize and confirm the operations and issuances of securities of the holding company, except that nothing in this section shall be deemed to prevent the commission from imposing reasonable terms, limitations or conditions on any holding company which are consistent with the requirements of sub. (6m) (c) or to (d) or which are consistent with and necessary to satisfy the requirements of sub. (5) (b) to (o) and (q) to (s) or which relate to future investments by the holding company unless the holding company owns, operates, manages or controls a telecommunications utility and does not also own, operate, manage or control a public utility which is not a telecommunications utility.

AB649, s. 271 Section 271. 196.80 (1r) of the statutes is created to read:

AB649,136,9 196.80 (1r) (a) In this subsection, "nuclear power plant" means a nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649,136,13 (b) With the consent and approval of the commission but not otherwise an owner or operator of a nuclear power plant may sell, acquire, lease, or rent any nuclear power plant or property constituting an operating unit or system of a nuclear power plant.

AB649, s. 272 Section 272. 196.85 (1m) (a) of the statutes is amended to read:

AB649,136,22 196.85 (1m) (a) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.491, the term "public utility" includes electric utilities, as defined in s. 196.491 (1) (d). Subsection (1) (b) does not apply to assessments for the commission's activities under s. 196.491 related to the construction of wholesale merchant plants , as defined in s. 196.491 (1) (w) or, beginning on the date specified in the notice published under s. 196.493 (3) (b), related to the construction of nonutility nuclear power plants, as defined in s. 196.491 (1) (i).

AB649, s. 273 Section 273. 196.85 (1m) (e) of the statutes is created to read:

AB649,137,2 196.85 (1m) (e) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.374, the term "public utility" includes retail electric cooperatives, as defined in s. 196.374 (1) (L), and prime suppliers, as defined in s. 196.374 (1) (ig).

AB649, s. 274 Section 274. 285.30 (2) (intro.) of the statutes is amended to read:

AB649,137,11 285.30 (2) Limitations. (intro.) The department shall adopt rules specifying emissions limitations for all, applicable to motor vehicles not exempted under sub. (5) that are not subject to the emissions limitations under s. 285.305, for the purposes of the motor vehicle emission inspection and maintenance program under s. 110.20. The limitations specified under this subsection may be different for each size, type and year of vehicle engine affected and may not be more stringent than those required by federal law at the time of the vehicle's manufacture. The limitations shall be adopted and periodically revised upon consideration of the following factors:

AB649, s. 275 Section 275. 285.30 (5) of the statutes is renumbered 110.20 (14m), and 110.20 (14m) (intro.), as renumbered, is amended to read:

AB649,137,16 110.20 (14m) Exemptions. (intro.) Emissions limitations promulgated under sub. (2) do not apply to the The following motor vehicles are exempt from the inspection requirement under sub. (6):

AB649, s. 276 Section 276. 285.305 of the statutes is created to read:

AB649,138,2 285.305 Greenhouse gas and other motor vehicle emission limitations. (1) The department shall promulgate rules specifying statewide emission limitations, for passenger cars, light-duty trucks, and medium-duty vehicles that are passenger vehicles and have gross vehicle weights of 10,000 pounds or less, that are identical to the California greenhouse gas emission standards and other emission standards applicable to those vehicles, under Division 3 of Title 13 of the California Code of Regulations, other than the standards for zero emission vehicles, and shall amend the rules as necessary to maintain consistency with the California standards.

AB649,138,10 (2) The department may promulgate rules specifying statewide emission limitations for motor vehicles that are identical to the California emission standards for zero emission vehicles, under Division 3 of Title 13 of the California Code of Regulations, if the department determines that adopting those emission limitations would be an effective and efficient part of this state's strategy for meeting the greenhouse gas emission reduction goals under s. 299.03 (2). If the department promulgates rules under this subsection, it shall amend the rules as necessary to maintain consistency with the California standards.

AB649,138,14 (3) The department shall ensure that rules promulgated under this section comply with 42 USC 7507 (2). Rules promulgated under this section do not apply before the administrator of the federal environmental protection agency grants a waiver under 42 USC 7543 (b) for the California standards.

AB649,139,2 (4) The department shall study any greenhouse gas emission reduction regulations for motor vehicles, other than passenger cars, light-duty trucks, and medium-duty vehicles that are passenger vehicles and have gross vehicle weights of 10,000 pounds or less, that California adopts after October 1, 2009. The department shall report the results of a study under this subsection, including its conclusion regarding whether adopting the California regulations would be an effective and efficient part of this state's strategy for meeting the greenhouse gas emission reduction goals under s. 299.03 (2), to the standing committees of the legislature with jurisdiction over environmental matters under s. 13.172 (3) no later than the first day of the 7th month beginning after the effective date of this subsection .... [LRB inserts date], or beginning after California adopts a regulation, whichever is later.

AB649, s. 277 Section 277. 285.60 (11) of the statutes is created to read:

AB649,139,8 285.60 (11) Reducing greenhouse gas emissions. As part of its continual assessment under sub. (10) in 2010 and 2011, the department shall develop and implement measures to lessen permit obligations under this section and ss. 281.61 to 281.65 for the construction, reconstruction, replacement, or modification of a stationary source if all of the following apply:

AB649,139,10 (a) The owner or operator of the stationary source is not required to obtain a major source construction permit for the proposed project.

AB649,139,12 (b) The construction, reconstruction, replacement, or modification would significantly reduce emissions of greenhouse gasses, as defined in s. 299.03 (1) (d).

AB649,139,14 (c) The proposed project satisfies other requirements specified by the department by rule.

AB649, s. 278 Section 278. 285.795 of the statutes is created to read:

AB649,139,16 285.795 Low carbon fuel standard. (1) Definitions. In this section:

AB649,139,17 (a) "Carbon dioxide equivalent" has the meaning given in s. 299.03 (1) (b).

AB649,139,20 (b) "Carbon intensity" means the average amount of greenhouse gases emitted, measured as carbon dioxide equivalent, during the production, distribution, and use of a fuel per unit of energy produced by the fuel.

AB649,139,21 (c) "Greenhouse gas" has the meaning given in s. 299.03 (1) (d).

AB649,139,24 (d) "Low Carbon Fuel Standard Advisory Group" means the body established by the Midwestern Governors Association in 2009 to make recommendations on the design of state low carbon fuel standards.

AB649,140,10 (2) Rule. If the Low Carbon Fuel Standard Advisory Group makes recommendations on the design of state low carbon fuel standards and the recommendations are endorsed by the governors of a majority of the states whose governors endorsed the Midwestern Governors Association Energy Security and Climate Stewardship Platform at the Midwestern Energy Security and Climate Stewardship Summit on November 15, 2007, including the governor of this state, the department shall promulgate a rule, consistent with the recommendations, requiring a reduction in the carbon intensity of transportation fuels sold in this state below the carbon intensity of transportation fuels sold in this state as of a date specified in the rule.

AB649,140,15 (3) Cooperation with other states. If the department promulgates a rule under sub. (2), it shall cooperate with other states in effectuating the requirements under the rule, including cooperating with other states in operating a regional system for trading credits that may be used to comply with the requirements under the rule.

AB649,140,21 (4) Consultation required. If the department promulgates a rule under sub. (2), the department shall consult with the department of agriculture, trade and consumer protection, the department of commerce, the public service commission, the office of energy independence, and the University of Wisconsin-Extension in determining the carbon intensities for different types of transportation fuels necessary to implement the rule.

AB649,141,3 (5) Collection of information. (a) If the department promulgates a rule under sub. (2), the department shall consult with the department of agriculture, trade and consumer protection, the department of commerce, the department of revenue, the public service commission, and the office of energy independence to determine the method of collecting information needed to implement and enforce the rule under sub. (2) that is most cost-effective for state government and least burdensome for the persons subject to the reporting requirements.

AB649,141,7 (b) If an agency with which the department is required to consult under par. (a) has the authority under other law to collect information needed to implement and enforce a rule under sub. (2), the department may enter into an agreement with the agency to have the agency collect the information.

AB649,141,9 (c) The department of revenue may collect information needed to implement and enforce a rule under sub. (2) in the reports under s. 78.12 (1) to (3).

AB649,141,11 (6) Penalties. (a) Any person who sells a transportation fuel in violation of a rule promulgated under sub. (2) shall forfeit not more than $5,000 for each violation.

AB649,141,13 (b) Any person who fails to provide information requested by a state agency under sub. (2) or (5) shall forfeit not more than $1,000 for each violation.

AB649,141,16 (c) Each sale in violation of a rule promulgated under sub. (2) and each failure to provide information requested under sub. (2) or (5) constitutes a separate offense, and each day of continued violation is a separate offense.

AB649,141,18 (e) A court imposing a forfeiture under par. (a) or (b) shall consider all of the following in determining the amount of the forfeiture:

AB649,141,20 1. The appropriateness of the amount of the forfeiture considering the volume of business of the person subject to the forfeiture.

AB649,141,21 2. The gravity of the violation.

AB649,141,23 3. Any good faith attempt to achieve compliance after the person receives notice of the violation.

AB649, s. 279 Section 279. 285.87 (1) of the statutes is amended to read:

AB649,142,4 285.87 (1) Except as provided in s. 285.57 (5) or, 285.59 (8), or 285.795 (6), any person who violates this chapter or any rule promulgated, any permit issued or any special order issued under this chapter shall forfeit not less than $10 or more than $25,000 for each violation. Each day of continued violation is a separate offense.

AB649, s. 280 Section 280. 285.87 (2) (a) of the statutes is amended to read:

AB649,142,10 285.87 (2) (a) Except as provided in par. (b), any person who intentionally commits an act that violates, or fails to perform an act required by this chapter, except s. 285.59 or 285.795, or any rule promulgated, any permit issued or any special order issued under this chapter, except s. 285.59 or 285.795, shall be fined not more than $25,000 per day of violation or imprisoned for not more than 6 months or both.

AB649, s. 281 Section 281. 292.75 (5) of the statutes is renumbered 292.75 (5) (a).

AB649, s. 282 Section 282. 292.75 (5) (a) 2m. of the statutes is created to read:

AB649,142,13 292.75 (5) (a) 2m. Whether the project is a qualifying project under sub. (5m).

AB649, s. 283 Section 283. 292.75 (5) (b) of the statutes is created to read:

AB649,142,17 292.75 (5) (b) The department may give greater weight to the criterion under par. (a) 2m. than to the other criteria under par. (a) in determining whether to award a grant.

AB649, s. 284 Section 284. 292.75 (5m) of the statutes is created to read:

AB649,142,22 292.75 (5m) Qualifying projects. A proposed project is a qualifying project for the purposes of subs. (5) (a) 2m. and (7) (b) if the project will result in a reduction of travel, energy use, or emissions of greenhouse gases, as defined in s. 299.03 (1) (d), or if one of the following applies:

AB649,143,2 (a) The eligible site or facility 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:

AB649,143,3 1. The area is surrounded by or is adjacent to existing development.

AB649,143,6 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.

AB649,143,7 3. The area consists primarily of blighted properties.

AB649,143,9 4. The area meets other criteria, specified by the department by rule, designed to ensure that the project reduces greenhouse gas emissions.

AB649,143,12 (b) The city, village, town, or county in which the eligible site or facility is located has adopted the design standards under s. 101.027 (4) and the eligible site or facility is in an area that is subject to the design standards.

AB649,143,13 (c) All of the following apply:

AB649,143,18 1. The eligible site or facility 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.

AB649,143,24 2. The department 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 or the participation contract 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.

AB649,144,8 (d) The eligible site or facility is located in a city, village, town, or county that participates in tier I under s. 299.83 (3), the area in which the eligible site or facility 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, s. 285 Section 285. 292.75 (7) of the statutes is renumbered 292.75 (7) (a) and amended to read:

AB649,144,14 292.75 (7) (a) The Except as provided under par. (b), the department may not distribute a grant unless the applicant contributes matching funds equal to 20% 20 percent of the grant. Matching funds may be in the form of cash or in-kind contribution or both.

AB649, s. 286 Section 286. 292.75 (7) (b) of the statutes is created to read:

AB649,144,18 292.75 (7) (b) The department may promulgate a rule that specifies a minimum contribution of matching funds by an applicant that is less than 20 percent of a grant for a project if the project is a qualifying project under sub. (5m).

AB649, s. 287 Section 287. 299.03 of the statutes is created to read: