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.
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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:
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(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.
AB649,58,125
(b) The department of agriculture, trade and consumer protection and the
6department of natural resources shall prepare the study required under this
7subsection in consultation with the office of energy independence in the department
8of administration, the public service commission, the University of Wisconsin
9System, the administrator of the statewide energy efficiency and renewable resource
10programs under s. 196.374 (2) (a) 1., representatives of natural resources and
11environmental organizations, and representatives of sectors of the economy in this
12state that are affected by the programs.
AB649,59,2
13(3) (a) If, after conducting the study under sub. (2), the department of
14agriculture, trade and consumer protection and the department of natural resources
15determine that the financial incentives under state and federal law are inadequate
16to prompt producers of bioenergy feedstocks to sustainably produce a supply of
17biomass that will significantly contribute to the achievement of the state greenhouse
18gas emission reduction goals established under s. 299.03 (2), and that additional
19financial incentives are warranted, the department of agriculture, trade and
20consumer protection and the department of natural resources shall recommend
21changes to improve the effectiveness of financial incentives under existing state
22programs and propose new legislation offering additional financial incentives to
23prompt bioenergy feedstock producers to sustainably produce additional biomass in
24order to help achieve the state greenhouse gas emission reduction goals. The
25department of agriculture, trade and consumer protection and the department of
1natural resources shall consider all of the following when making the
2recommendations required under this paragraph:
AB649,59,43
1. Methods to reduce financial risks of bioenergy feedstock producers, such as
4loan guarantees and insurance.
AB649,59,85
2. Expansion of a cap and trade program or a voluntary greenhouse gas
6emission reduction offset program to create credits for producers of bioenergy
7feedstocks who reduce greenhouse gas emissions during the production of bioenergy
8feedstocks by adopting appropriate management practices.
AB649,59,119
3. Expansion of the renewable resource credits created under s. 196.378 (3) (a)
101. to authorize the creation of credits from the production or generation of nonelectric
11energy, as defined in s. 196.378 (1r) (dm), that is produced or generated from biomass.
AB649,59,1612
(b) No later than July 1, 2013, the department of agriculture, trade and
13consumer protection and the department of natural resources shall submit a report
14on the study required under sub. (2) together with any recommended changes to
15current law or recommended new legislation proposed under par. (a) to the climate
16change coordinating council.
AB649, s. 41
17Section
41. 100.215 of the statutes is created to read:
AB649,59,19
18100.215 Energy efficiency; consumer audio and video equipment. (1) 19Definitions. In this section:
AB649,59,2420
(b) "Compact audio device" means an integrated audio system that is encased
21in a single housing; that includes an amplifier, radio tuner, and attached or separable
22speakers; and that can reproduce audio from magnetic tape, compact disc, digital
23versatile disc, or flash memory, except that "compact audio device" does not include
24any of the following:
AB649,59,2525
1. A device that can only be powered by internal batteries.
AB649,60,1
12. A device that has a powered external satellite antenna.
AB649,60,22
3. A device that can produce a video output signal.
AB649,60,43
(c) "Digital versatile disc" means a laser-encoded plastic medium capable of
4storing a large amount of digital audio, video, or computer data.
AB649,60,85
(d) "Digital versatile disc player" means a commercially available electronic
6device encased in a single housing that includes an integral power supply and whose
7primary purpose is the decoding of digitized audio and video signals on a digital
8versatile disc.
AB649,60,139
(e) "Digital versatile disc recorder" means a commercially available electronic
10device encased in a single housing that includes an integral power supply and for
11which the primary purpose is the production or recording of digitized audio and video
12signals on a digital versatile disc, except that "digital versatile disc recorder" does not
13include a device that has an electronic programming guide.
AB649,60,1714
(f) "Digital video recorder" means a device that can record audio and video
15signals on a hard disk drive or other device that can store the signals digitally, except
16that "digital video recorder" does not include a device that has an electronic
17programming guide.
AB649,60,2018
(g) "Electronic programming guide" means an application that provides an
19interactive on-screen menu of television listings and that downloads program
20information from the vertical blanking interval of a television signal.
AB649,60,2321
(h) "Standby mode" means the condition in which a device is connected to a
22power source and does not produce video or audio output signals, but can be switched
23into another mode with a remote control unit or an internal signal.
AB649,61,324
(i) "Television" means a commercially available electronic device consisting of
25a monitor, with or without a tuner or receiver, encased in a single housing, which is
1designed to receive and display an analog or digital video signal received from a
2terrestrial, satellite, cable, or broadband source, except that "television" does not
3include any of the following:
AB649,61,64
1. A multifunction device that can perform functions performed by a video
5cassette recorder, digital versatile disc player or recorder, digital video recorder, or
6electronic programming guide or that has a point-of-deployment card slot.
AB649,61,77
2. A computer monitor.
AB649,61,108
(j) "Video cassette recorder" means a commercially available analog recording
9device that includes an integral power supply and that records audio and video
10signals onto a tape medium for subsequent viewing.
AB649,61,12
11(2) Prohibition; penalty. (a) No person may sell or offer for sale at retail in this
12state any of the following:
AB649,61,1413
1. A compact audio device without a permanently illuminated clock that uses
14more than 2 watts in standby mode.
AB649,61,1615
2. A compact audio device with a permanently illuminated clock that uses more
16than 4 watts in standby mode.
AB649,61,1717
3. A television that uses more than 3 watts in standby mode.
AB649,61,1918
4. A digital versatile disc player or digital versatile disc recorder that uses more
19than 3 watts in standby mode.
AB649,61,2220
(b) A person who violates this subsection is subject to a forfeiture of not more
21than $100. Each device sold or offered for sale in violation of this subsection
22constitutes a separate violation.
AB649, s. 42
23Section
42. 101.02 (23) of the statutes is created to read:
AB649,62,224
101.02
(23) No later than July 1, 2013, and at least every 4 years thereafter,
25the department shall prepare and provide to the department of natural resources an
1assessment of progress toward meeting the new building energy use goal in s. 299.03
2(3).
AB649, s. 43
3Section
43. 101.027 (1) of the statutes is renumbered 101.027 (1m) and
4amended to read:
AB649,62,105
101.027
(1m) In this section, "energy conservation code" means the The
6department shall, by rule, promulgate an energy conservation code
promulgated by
7the department that sets
minimum design
requirements standards for construction
8and equipment for the purpose of energy conservation in public buildings and places
9of employment.
Except as provided in sub. (1r), the rules shall conform to the energy
10design standards contained in a generally accepted code.
AB649, s. 44
11Section
44. 101.027 (1g) of the statutes is created to read:
AB649,62,1712
101.027
(1g) In this section, "generally accepted code" means the International
13Energy Conservation Code or an energy efficiency code that provides at least as great
14an energy conservation benefit as the energy design standards contained in the
15International Energy Conservation Code and that is generally accepted and used by
16architects, engineers, and the construction industry in the construction of public
17buildings and places of employment.
AB649, s. 45
18Section
45. 101.027 (1r) of the statutes is created to read: