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1. The area is surrounded by or is adjacent to existing development.
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2. The area is within a sewer service territory in the sewer service area
17provisions of an areawide water quality management plan under s. 283.83 approved
18by the department of natural resources.
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3. The area consists primarily of blighted properties.
AB649,43,2120
4. The area meets other criteria, specified by the department by rule, designed
21to ensure that the project reduces greenhouse gas emissions.
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(b) The political subdivision in which the improvement is located has adopted
23the design standards under s. 101.027 (4) and the improvement is in an area that is
24subject to the design standards.
AB649,43,2525
(c) All of the following apply:
AB649,44,4
11. The improvement is located in an area that is subject to either a charter
2under s. 299.83 (7e) issued to an association of entities that includes the political
3subdivision in which the area is located or a participation contract under s. 299.83
4(6) entered into by the city, village, town, or county in which the area is located.
AB649,44,95
2. The department of natural resources determines, in consultation with the
6department of commerce, the department of administration, the public service
7commission, and the office of energy independence, that implementation of the
8charter is likely to result in significant reductions in emissions of greenhouse gases
9or in energy use by public or private entities within the political subdivision.
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(d) The improvement is located in a political subdivision that participates in
11tier I under s. 299.83 (3), the area in which the improvement is located is affected by
12the participation in tier I, and the department of natural resources determines, in
13consultation with the department of commerce, the department of administration,
14the public service commission, and the office of energy independence, that the
15participation in tier I is likely to result in significant reductions in emissions of
16greenhouse gases or in energy use by public or private entities within the political
17subdivision.
AB649, s. 34
18Section
34. 84.185 (3) (a) (intro.) of the statutes is amended to read:
AB649,44,2319
84.185
(3) (a) (intro.) When awarding a grant under this section, the
20department shall establish a grant ceiling. Except as provided in par. (b) 2., the grant
21ceiling shall not be amended after the secretary has approved an application for
22funding. Except as provided in par. (b)
and sub. (4) (b), the grant ceiling shall be the
23lesser of the following:
AB649, s. 35
24Section
35. 84.185 (4) of the statutes is renumbered 84.185 (4) (a).
AB649, s. 36
25Section
36. 84.185 (4) (b) of the statutes is created to read:
AB649,45,4
184.185
(4) (b) The rules promulgated under this subsection may provide for all
2of the following with respect to an improvement that is a qualifying improvement
3under sub. (2m) and that is the subject of an agreement under sub. (7m) between the
4department and a governing body:
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1. A grant ceiling that is higher than the grant ceiling specified in sub. (3).
AB649,45,86
2. Different standards related to job creation or retention, or both, than those
7that would apply under sub. (2) (b) 3. and 4. to an improvement that is not a
8qualifying improvement.
AB649, s. 37
9Section
37. 85.021 of the statutes is created to read:
AB649,45,11
1085.021 Environmental evaluations for transportation projects. (1) In
11this section:
AB649,45,1412
(a) "Environmental assessment" means an analysis of a proposed action to
13determine whether the proposed action constitutes a major action significantly
14affecting the human environment under s. 1.11 (2) (c).
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(b) "Environmental impact statement" means a detailed statement required
16under s. 1.11 (2) (c).
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(c) "Greenhouse gas" has the meaning given in s. 299.03 (1) (d).
AB649,45,2118
(d) "Transportation project" means any construction, reconstruction,
19rehabilitation, or other improvement of infrastructure related to any mode of
20transportation, funded in whole or in part from any appropriation to the department
21under s. 20.395 or 20.866 (2).
AB649,45,2322
(e) "2030 plan" means the department's statewide long-range multimodal
23transportation plan for the 20-year period ending in 2030.
AB649,46,4
24(2) (a) Beginning with environmental assessments and environmental impact
25statements commenced on the first day of the 24th month beginning after the
1effective date of this paragraph .... [LRB inserts date], if the department prepares an
2environmental assessment or environmental impact statement for a transportation
3project, the environmental assessment or environmental impact statement shall
4include an evaluation of all of the following:
AB649,46,65
1. The greenhouse gas emissions and energy use that will result from the
6transportation project, over the life cycle of the project.
AB649,46,107
2. If any other transportation project that is an alternative to the
8transportation project under subd. 1. is being considered, the greenhouse gas
9emissions and energy use that will result from each alternative project, over the life
10cycle of the alternative project.
AB649,46,1211
(b) Any evaluation required under par. (a) shall take into consideration all of
12the following relating to the project:
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1. Transportation mode.
AB649,46,1414
2. Project materials.
AB649,46,1515
3. Project construction methods.
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4. Maintenance requirements.
AB649,46,1817
5. Transportation use derived from the project, including predicted vehicle
18miles traveled and predicted congestion, if applicable.
AB649,46,1919
6. Other pertinent factors.
AB649,46,2420
(c) In performing any cost-benefit analysis related to a transportation project
21for which an evaluation is required under par. (a), the department shall consider the
22monetary value of the greenhouse gas emissions and energy use that will result from
23the transportation project, calculated according to the rules promulgated under sub.
24(4).
AB649,47,8
1(3) As part of the environmental evaluation in the department's 2030 plan, the
2department shall consider greenhouse gas emissions and energy use in identifying,
3prioritizing, evaluating, or assessing transportation facility or service needs for the
4statewide transportation system. In any revision, modification, or update of the 2030
5plan, and in any other statewide long-range multimodal transportation plan of the
6department, the department shall consider greenhouse gas emissions and energy
7use in identifying, prioritizing, evaluating, or assessing transportation facility or
8service needs for the statewide transportation system.
AB649,47,12
9(4) The department shall promulgate rules for calculating the monetary value
10of the greenhouse gas emissions and energy use that will result from transportation
11projects, over the life cycle of the projects, to be used in performing cost-benefit
12analyses of transportation project options.
AB649, s. 38
13Section
38. 85.0215 of the statutes is created to read:
AB649,47,15
1485.0215 Surface transportation planning to achieve greenhouse gas
15emission reductions. (1) Definitions. In this section:
AB649,47,1616
(a) "Greenhouse gas" has the meaning given in s. 299.03 (1) (d).
AB649,47,1717
(b) "Intelligent transportation system" has the meaning given in s. 84.001 (1r).
AB649,47,1918
(c) "Metropolitan planning organization" has the meaning given in s. 66.0309
19(17) (a) 3.
AB649,48,2
20(2) Greenhouse gas emission reduction goals. The department of
21transportation, in consultation with the department of natural resources, shall
22establish statewide goals for reducing greenhouse gas emissions from surface
23transportation in this state that, if achieved, will contribute to the state achieving
24the statewide greenhouse gas emission reduction goals under s. 299.03 (2). After
1establishing these goals, the department of transportation shall revise the goals
2whenever appropriate.
AB649,48,7
3(3) Development of strategies and planning methods and procedures. The
4department of transportation, in consultation with the department of natural
5resources, the department of administration, appropriate units in the University of
6Wisconsin System as designated by the president of the University of Wisconsin
7System, and metropolitan planning organizations, shall do all of the following:
AB649,48,138
(a) Identify strategies for reducing greenhouse gas emissions from surface
9transportation, other than strategies for the reduction of greenhouse gases emitted
10by motor vehicles or railroad trains through emission limitations or reduced fuel
11consumption per mile traveled by motor vehicles or railroad trains or through
12improvements in the greenhouse gas performance of transportation fuels. In
13identifying these strategies, the department shall consider all of the following:
AB649,48,1514
1. Efforts to increase public transportation ridership, including through
15service improvements, capacity expansions, and access enhancement.
AB649,48,1716
2. Efforts to increase walking, bicycling, and other forms of nonmotorized
17transportation.
AB649,48,2018
3. Implementation of zoning and other land use regulations and plans to
19support increases in population density, transit-oriented development or
20redevelopment, or mixed-use development.
AB649,48,2321
4. Travel demand management programs, including carpool, vanpool, or other
22car-share projects; transportation pricing measures; parking policies; and programs
23to promote telecommuting, flexible work schedules, and satellite work centers.
AB649,49,224
5. Surface transportation system operation improvements, including
25intelligent transportation systems or other operational improvements to reduce
1long-term greenhouse gas emissions through reduced congestion and improved
2system management.
AB649,49,33
6. Intercity passenger rail improvements.
AB649,49,44
7. Intercity bus improvements.
AB649,49,55
8. Freight rail improvements.
AB649,49,76
9. Use of materials or equipment associated with the construction or
7maintenance of transportation projects that reduce greenhouse gas emissions.
AB649,49,98
10. Public facilities for supplying electricity to electric or plug-in
9hybrid-electric vehicles.
AB649,49,1510
(b) Develop methods and procedures for preparing multimodal transportation
11plans and transportation improvement programs that incorporate the strategies
12under par. (a). Where applicable and to the extent practicable, this planning and
13program preparation shall be based on maximizing the accessibility to destinations
14provided by the affected transportation systems using all relevant travel modes,
15including walking and bicycling.
AB649,49,19
16(4) Use of strategies and planning methods and procedures. Beginning on
17the first day of the 24th month beginning after the effective date of this subsection
18.... [LRB inserts date], the department, to the extent practicable, shall do all of the
19following:
AB649,49,2220
(a) Use the methods and procedures developed under sub. (3) (b) in preparing
21its long-range statewide transportation plans and statewide transportation
22improvement programs.
AB649,49,2523
(b) Incorporate the strategies developed under sub. (3) (a) into its long-range
24statewide transportation plans and statewide transportation improvement
25programs.
AB649,50,5
1(5) Reports and assessments. By July 1, 2013, and at least every 4 years
2thereafter, the department shall assess its progress in achieving its goals under sub.
3(2), as well as the progress of metropolitan planning organizations in achieving their
4goals under s. 66.0309 (17) (b), and shall report its findings to the department of
5natural resources.
AB649,50,14
6(6) Financial assistance to metropolitan planning organizations. After the
7department has identified strategies for reducing greenhouse gas emissions from
8surface transportation as provided in sub. (3) (a) and developed methods and
9procedures for preparing multimodal transportation plans and transportation
10improvement programs as provided in sub. (3) (b), the department may not, from any
11appropriation to the department under s. 20.395 or 20.866 (2), provide financial
12assistance to a metropolitan planning organization unless the metropolitan
13planning organization has made a good faith effort to satisfy the requirements under
14s. 66.0309 (17) (c).
AB649,50,18
15(7) Conformance with federal law. If a federal law enacted after the effective
16date of this subsection .... [LRB inserts date], conflicts with the requirements of this
17section or s. 66.0309 (17), the department shall, by rule, modify the conflicting
18requirements of this section or s. 66.0309 (17) to comply with the federal law.
AB649, s. 39
19Section
39. 93.47 of the statutes is created to read:
AB649,50,20
2093.47 Energy crop reserve program. (1) Definitions. In this section:
AB649,50,2221
(a) "Agronomic practices" means agricultural practices generally associated
22with row cropping, including row crop production, soil management, and cultivation.
AB649,50,2523
(b) "Native sod" means land on which the plant cover is composed principally
24of native grasses, grass-like plants, forbs, or shrubs suitable for grazing and
25browsing, and that has never been tilled for the production of an annual crop.
AB649,51,2
1(c) "Short rotation woody crop" means a woody crop, including willows and
2poplars, grown using agronomic practices.
AB649,51,5
3(2) Program. The department shall administer a program in which it pays
4persons to establish and produce any eligible perennial herbaceous crop or short
5rotation woody crop for the production of energy or fuel.
AB649,51,8
6(3) Contract. (a) The department may enter into a contract, for a period not
7to exceed 10 years, with a person who applies to participate in the program under this
8section if all of the following are satisfied:
AB649,51,99
1. The person is eligible under sub. (5).
AB649,51,1010
2. The person's land is eligible for enrollment under sub. (6).
AB649,51,1211
3. The person is producing or will produce an energy crop eligible under sub.
12(7).
AB649,51,1313
(b) The department may renew a contract entered into under this section.
AB649,51,1714
(c) A person who has entered into a contract with the department and enrolled
15eligible land in the program under this section may enter into additional contracts
16with the department to enroll additional eligible land in the program under this
17section.
AB649,51,1918
(d) If applicable, a person who enters into a contract under this section shall
19comply with each of the following on all lands under the person's control:
AB649,51,2120
1. Sustainable planting and harvesting requirements established by the
21department by rule for perennial herbaceous crops or for short rotation woody crops.
AB649,51,2322
2. Notwithstanding s. 281.16 (3) (e), the performance standards, prohibitions,
23conservation practices, and technical standards under s. 281.16 (3) (a) to (c).
AB649,52,2
24(4) Payments; limitations. (a) Subject to the limitations under par. (b), from
25the appropriation under s. 20.115 (4) (d), the department may make any of the
1following payments to a person with whom the department has entered into a
2contract under sub. (3) if the person is eligible for the payment:
AB649,52,53
1. Cost-sharing payments equal to a percentage, specified by the department
4under sub. (8) (a) 3., of the cost to establish an energy crop on the land enrolled under
5the contract.
AB649,52,166
2. Income replacement payments of a percentage, specified by the department
7under sub. (8) (a) 4., of the average annual net income the person earned from the
8land enrolled under the contract in the 5 consecutive years before the land was
9enrolled in the program under this section. The person may receive an annual
10payment under this subsection until the person is eligible to receive or has received
11a production payment under subd. 3. for energy crops harvested on land enrolled
12under the contract, or for the number of years specified by the department under sub.
13(8) (a) 4. a., whichever is less. A payment under this subdivision may replace a
14portion of the payment, as specified by the department under sub. (8) (a) 4. b., the
15person had received under the conservation reserve program under
16 USC 3831 to
163836.
AB649,52,1917
3. Production payments, of an amount determined by the department under
18sub. (8) (a) 5., for each ton of energy crop harvested and used to produce energy or
19fuel or sold to a person that will use the crop to produce energy or fuel.
AB649,52,2320
(b) 1. If the total amount of payments to be made under par. (a) in a fiscal year
21would exceed the amount available from the appropriation under s. 20.115 (4) (d), the
22department shall prorate the payments among all persons eligible to receive a
23payment under par. (a) in that fiscal year.
AB649,52,2524
2. No person eligible to receive a payment under par. (a) may receive payments
25in excess of the amount established by the department under sub. (8) (a) 7.
AB649,53,2
1(5) Eligibility. A person is eligible to participate in the program under this
2section if any of the following applies:
AB649,53,33
(a) The person owns land eligible to be enrolled in the program.
AB649,53,54
(b) The person controls land eligible to be enrolled in the program under a lease
5that covers the contract period established under sub. (3).
AB649,53,8
6(6) Enrollment. (a) Except as provided in par. (b), a person eligible under sub.
7(5) may apply to enroll in the program under this section any land in this state that
8is used or suitable for growing the crops identified under sub. (7).
AB649,53,99
(b) The following land may not be enrolled in the program under this section:
AB649,53,1210
1. Federally owned land, other than land in this state held in trust by the
11federal government for an American Indian or a federally recognized American
12Indian tribe or band.
AB649,53,1413
2. Land owned by a municipality. In this subdivision, "municipality" has the
14meaning given in s. 66.0301 (1) (a).