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).
AB649,53,1615
3. Land that is in native sod on the effective date of this subdivision .... [LRB
16inserts date].
AB649,53,1717
4. Land enrolled in the program under subch. I or subch. VI of ch. 77.
AB649,53,1818
5. Land enrolled in any of the following:
AB649,53,1919a. The conservation reserve program under
16 USC 3831 to
3836.
AB649,53,2020b. The wetlands reserve program under
16 USC 3837 to
3837f.
AB649,53,2121c. The grassland reserve program under
16 USC 3838n to
3838q.
AB649,53,2222d. The biomass crop assistance program under
7 USC 8111.
AB649,53,25
23(7) Eligible energy crops. (a) Except as provided in par. (b), a person may
24receive payments under this section for the production of any perennial herbaceous
25crop or short rotation woody crop to be harvested and used to produce energy or fuel.
AB649,54,2
1(b) No payments may be received under this section for the growth of any of the
2following:
AB649,54,53
1. A crop that is produced and harvested for a purpose other than the
4production of energy or fuel, even if the residue of the crop may be used to produce
5energy or fuel.
AB649,54,76
2. Any plant identified by the department of natural resources under s. 23.22
7as invasive or having the potential to become invasive.
AB649,54,88
3. Any other crop specified by the department by rule.
AB649,54,9
9(8) Rule making. (a) The department shall promulgate the following by rule:
AB649,54,1110
1. Rules to implement and administer the program under this section,
11including all of the following:
AB649,54,1212
a. The application form and procedures for applying.
AB649,54,1413
b. Procedures and criteria for the review and approval or rejection of an
14application.
AB649,54,1615
c. Procedures and criteria for disbursing payments under the program,
16including prorating of payments under sub. (4) (b) 1.
AB649,54,1817
d. Reporting required of persons who have entered into a contract with the
18department under sub. (3).
AB649,54,1919
e. Conditions under which a person may reenroll land under this section.
AB649,54,2020
2. Crops ineligible for payments, as described under sub. (7) (b).
AB649,54,2421
3. The amount of, limits on, and procedures for calculating cost-sharing
22payments available to persons under sub. (4) (a) 1., including the manner in which
23the amounts of or limits on cost-sharing payments will vary with the energy crops
24being established and the costs required to establish that energy crop.
AB649,55,2
14. The amount of, limits on, and procedures for calculating income replacement
2payments under sub. (4) (a) 2., including all of the following:
AB649,55,53
a. The maximum number of years a person may receive payments under sub.
4(4) (a) 2., which number shall depend upon the time required to establish the energy
5crop being established by the person.
AB649,55,136
b. Limits on the amount or percent of income from payments received under
7the federal conservation reserve program,
7 USC 3831 to
3836, that may be included
8in the calculation of income replacement under sub. (4) (a) 2. The rules promulgated
9under this subd. 4. b. shall be designed to provide an incentive for persons who
10remove their land from the federal conservation reserve program to enroll the land
11in the program under this section, but small enough that those persons will not
12choose to withdraw their land from the federal conservation reserve program solely
13for the purpose of receiving payments under sub. (4) (a) 2.
AB649,55,1814
5. The amount of and limits on production payments made under sub. (4) (a)
153., including the manner in which the amount of the payment available to a person
16under sub. (4) (a) 3. will vary depending upon the energy or fuel derived from the
17particular energy crop produced, the costs to produce the energy crop, and other
18factors consistent with the objectives of the program under this section.
AB649,55,2119
6. Procedures and criteria for allocating funds available from the appropriation
20under s. 20.115 (4) (d) between cost-sharing payments, income replacement
21payments, and production payments.
AB649,55,2422
7. Limits on the amount of payments that a person with whom the department
23has entered into a contract under sub. (3) may receive in any payment category under
24sub. (4) (a), in any contract year, and over the duration of the contract.
AB649,56,4
18. Requirements for sustainable planting and harvesting practices, including
2practices to minimize consumptive water use and maximize water conservation,
3applicable to persons with whom the person has entered into a contract under sub.
4(3).
AB649,56,95
(b) To advance any of the following objectives, the department may promulgate
6rules to establish priorities for entering into contracts with persons and enrolling
7land in the program under this section, and for making payments to a person who
8has entered into a contract under sub. (3), based upon the attributes of the land, the
9agricultural practices of the person, or any other pertinent factors:
AB649,56,1010
1. Maximizing carbon sequestration, as defined in s. 299.03 (1) (bm).
AB649,56,1311
2. Minimizing life-cycle greenhouse gas emissions of the production,
12harvesting, processing, and distribution of the energy crop by minimizing any of the
13following:
AB649,56,1514
a. The distance the energy crop must be transported between the point of
15production and the point of end use.
AB649,56,1616
b. The use of fossil fuels to plant, cultivate, and harvest the energy crop.
AB649,56,1817
c. The application of fertilizer and pesticide in connection with the production
18of the energy crop.
AB649,56,1919
d. Other energy-consuming practices.
AB649,56,2120
3. The preservation of farmland through a farmland preservation agreement
21or farmland preservation zoning.
AB649,56,2222
4. Providing soil and water conservation or wildlife preservation benefits.
AB649,56,2523
(c) The department of agriculture, trade and consumer protection shall consult
24with the department of natural resources in the preparation of any rules that affect
25the natural resources of this state.
AB649,57,4
1(9) Program outcomes and reports. The department of agriculture, trade and
2consumer protection shall, no later than July 1 of each odd year, submit to the
3departments of administration and natural resources a report containing all of the
4following information about the program under this section:
AB649,57,55
(a) The number of acres of land enrolled in the program.
AB649,57,76
(b) The number of tons and the energy content of each energy crop harvested
7under the program.
AB649,57,88
(c) Costs of the program.
AB649,57,109
(d) The extent to which the program under this section complements and is
10coordinated with the biomass crop assistance program under
7 USC 8111.
AB649,57,1211
(e) Any recommendations for legislation to improve the program under this
12section.
AB649, s. 40
13Section
40. 93.475 of the statutes is created to read:
AB649,57,15
1493.475 Bioenergy feedstock production incentive study. (1) In this
15section:
AB649,57,1716
(a) "Bioenergy feedstock" means biomass used to produce energy, including
17heat or electricity, or to produce a fuel, including transportation fuel.
AB649,57,1818
(b) "Biomass" has the meaning given in s. 196.374 (1) (am).
AB649,57,1919
(c) "Cap and trade program" has the meaning given in s. 299.04 (1) (a).
AB649,58,4
20(2) (a) The department of agriculture, trade and consumer protection shall, in
21consultation with the department of natural resources, study whether current and
22projected markets for bioenergy feedstocks and state and federal programs in effect
23on the effective date of this paragraph .... [LRB inserts date], provide adequate
24financial incentives to prompt producers of bioenergy feedstocks to sustainably
25produce a supply of biomass that, as a result of the use of that biomass as bioenergy
1feedstocks, will significantly contribute to the achievement of the state greenhouse
2gas emission reduction goals established under s. 299.03 (2). The department of
3agriculture, trade and consumer protection and the department of natural resources
4shall prepare a report on the study.