Under current law, a person may not begin construction of an electric
generating facility with a nominal operating capacity of 100 MW or more unless the
PSC grants a certificate of public convenience and necessity (CPCN) for the proposed
facility. In addition, a public utility may not engage in certain projects regarding its
plant, such as extending or improving existing facilities, unless the PSC grants a
certificate of authority (CA) for the proposed project. Additional requirements apply
to a nuclear power plant with a nominal operating capacity of 100 MW or more.
Current law prohibits the PSC from granting a CPCN for the proposed construction
of such a plant, or a CA for a proposed project regarding such a plant, unless the PSC
makes two findings which are in addition to the CPCN or CA requirements that
otherwise apply. First, the PSC must find that a facility inside or outside the United
States is available for adequate disposal of all high-level nuclear waste from all
nuclear power plants operating in this state, including the proposed plant. Second,
the PSC must find that the proposed plant, in comparison with feasible alternatives,
is economically advantageous to ratepayers. The second finding must be based on
the following factors: 1) the existence of a reliable and adequate nuclear fuel supply;
2) the costs for constructing, operating, and decommissioning nuclear power plants
and for disposing of nuclear waste; and 3) any other factor having an impact on the
economics of nuclear power plants, as determined by the PSC.
The bill makes changes to the foregoing findings. However, the changes are
delayed until the first date on which all rules and orders of the PSC are in effect that
are necessary to initially implement the changes made by the bill to energy efficiency
and renewable resource programs and the RPS. The PSC must publish a notice
identifying that date in the Wisconsin Register. This analysis refers to that date as
the "register date."
For CPCNs and CAs for nuclear power plants that are granted on or after the
register date, the bill eliminates the first finding required under current law
regarding waste disposal. Instead, the bill prohibits the the PSC from granting a
CPCN or CA on or after the register date for a proposed nuclear power plant unless
the PSC finds the following: 1) the plan for managing the nuclear waste from the
nuclear power plant is economic, reasonable, stringent, and in the public interest; 2)
the nuclear power plant will provide electricity to ratepayers or members of electric
cooperatives in this state at a reasonable cost based on specified criteria; and 3) the
entire output of electricity produced by the nuclear power plant will be needed and
used to meet the state's expected requirements for electricity. As for the second
finding required under current law, which is that the nuclear power plant must be
economically advantageous to ratepayers, the bill requires the PSC to consider the
benefits to the state and the environment resulting from reductions of air pollutant
emissions from the nuclear power plant, in addition to considering the factors
required under current law. However, the additional factor must be considered only
for a CPCN or CA granted on or after the register date. Also, for a CPCN or CA
granted on or after the register date, the finding is limited to the economic
advantages for ratepayers or cooperative members in this state.
The bill also provides that, after the register date, a CPCN is required for the
proposed construction of a nuclear power plant of any nominal operating capacity.
As noted above, current law requires a CPCN only if the nominal operating capacity
is 100 MW or more. In addition, after the register date, the bill requires a CA for a
project involving a nuclear power plant owned or operated by an entity that is not
a public utility. Under current law, the CA requirements apply only to public
utilities. The bill also allows the PSC to attach terms and conditions in the public
interest to CPCNs and CAs granted on or after the register date for nuclear power
plants. The bill specifies that such terms and conditions apply to any successor in
interest to the entity that is granted the CPCN or CA.
As noted above, the bill requires the PSC to find that the entire output of the
electricity produced by a proposed nuclear power plant will be needed and used to
meet the state's expected requirements. The bill includes a nonseverability clause
that provides that if a court finds that the foregoing requirement is unconstitutional,
then all of the changes made by the bill regarding nuclear power plants are void.
The bill makes other changes, including the following:
1. The bill makes legislative findings regarding the authority of the state to
make the changes described above, as well as the necessity for the changes.
2. The bill allows the PSC to order the owner or operator of a nuclear power
plant to provide financial assurance for decommissioning the plant and disposing of
spent nuclear fuel. However, the PSC's authority applies only to a nuclear power
plant for which the PSC grants a CPCN on or after the register date.
3. The bill requires the PSC to promulgate service standards for nuclear power
plants owned or operated by nonutilities for which the PSC grants a CPCN after the
register date. Under current law, the PSC's authority to promulgate such rules is
limited to plants owned or operated by public utilities.
4. Current law allows the PSC to extend the deadline that applies to its
consideration of applications for CPCNs. Beginning on the register date, the bill
allows the PSC to make an additional extension for applications for CPCNs for
nuclear power plants.
5. The bill provides that, after the register date, nuclear power plants that do
not provide retail service are treated in the same manner as wholesale merchant
plants under current law, except that, for CPCNs granted on or after the register date
to such nuclear power plants, the PSC must consider certain alternatives that the
PSC is not required to consider for wholesale merchant plants.
6. The bill makes certain requirements under current law that apply to public
utilities also applicable to nonutility owners and operators of nuclear power plants
for which CPCNs are granted on or after the register date. These requirements
concern the following: 1) the PSC's authority to obtain information and related
penalties; 2) forfeitures that apply to violations subject to the PSC's jurisdiction; and
3) PSC approval required for selling, acquiring, leasing, or renting plants, operating
units, or systems.
Motor vehicle emission standards
Under the federal Clean Air Act (the act), the federal Environmental Protection
Agency (EPA) sets limits on pollutants that may be emitted by motor vehicles. The
act generally prohibits states from enacting motor vehicle emission limitations that
differ from the federal limitations, but the act allows California to enact limitations
that differ from the federal limitations under certain circumstances. To implement
differing limitations, California must obtain a waiver from the EPA administrator.
The act allows other states to enact motor vehicle emission limitations that are
identical to limitations for which California has obtained a federal waiver.
California has enacted emission limitations that are stricter than EPA's
emission limitations for motor vehicles, including greenhouse gas emission
limitations for passenger cars, light-duty trucks, and medium-duty passenger
vehicles. The California greenhouse gas limitations basically specify requirements
for the average amount of greenhouse gas emissions from vehicles produced by a
manufacturer that are delivered for sale in the state. California has also enacted
regulations that require certain motor vehicle manufacturers (based on the volume
of vehicle sales in California) to deliver zero emission vehicles for sale in California.
A zero emission vehicle is a vehicle that is certified by the California Air Resources
Board to produce no emissions of certain air pollutants (for example, a
battery-powered or fuel cell car).
This bill requires DNR to promulgate rules specifying emission limitations for
passenger cars, light-duty trucks, and medium-duty passenger vehicles that are
identical to the California emission limitations, including the greenhouse gas
emission limitations, but not including the zero emission vehicle requirements.
The bill authorizes DNR to promulgate rules that are identical to the California
zero emission vehicle requirements if DNR determines that those requirements
would be an effective and efficient part of the strategy for this state to meet its
greenhouse gas emission reduction goals. The bill also requires DNR to study any
greenhouse gas emission reduction requirements applicable to other motor vehicles
that California adopts after October 1, 2009, and to report the results of its study to
the legislature.
Low carbon fuel standard
This bill requires DNR to promulgate a rule requiring the reduction in the
carbon intensity of transportation fuels sold in this state, if specified conditions are
met. This kind of requirement is referred to as a low carbon fuel standard. Carbon
intensity is a measure of the amount of greenhouse gases emitted in producing,
distributing, and using a fuel per unit of energy produced by the fuel. The bill
requires DNR to promulgate the rule if an advisory group to the Midwestern
Governors Association (MGA) makes recommendations on the design of a low carbon
fuel standard and the recommendations are endorsed by the governors of a majority
of the states whose governors endorsed the MGA Energy Security and Climate
Stewardship Platform in 2007, including Wisconsin's governor. The DNR rule must
be consistent with the advisory group's recommendations. The bill requires DNR to
cooperate with other states in its activities related to the low carbon fuel standard,
including in operating a regional system for trading credits that may be used to
comply with the low carbon fuel standard.
Assistance to communities
This bill modifies several programs that provide financial assistance to
municipalities, and in some cases counties, to encourage activities that will result in
a reduction of travel, energy use, or emissions of greenhouse gases or that are located
in qualified areas. A qualified area is, generally, an area that is designated for
traditional neighborhood development, is subject to the voluntary energy-saving
building design standards that are established by Commerce under this bill, or is
involved in the Green Tier Program, under which entities voluntarily undertake
actions to improve the environment, if those actions are likely to result in significant
reductions in emissions of greenhouse gases or energy use. A "traditional
neighborhood" is a compact, mixed-use neighborhood where residential,
commercial, and civic buildings are in close proximity to each other.
Brownfields site assessment grants
Under current law, DNR administers the Brownfields Site Assessment
Program under which it provides grants to local governmental units for the purpose
of investigating environmental contamination, removing abandoned containers, and
conducting demolition at brownfields. "Brownfields" are industrial or commercial
sites that are abandoned, idle, or underused because of actual or perceived
environmental contamination. Current law requires the recipient of a grant under
the program to provide matching funds of at least 20 percent of the amount of the
grant.
This bill authorizes DNR, in awarding grants under the program, to give extra
weight to projects that will result in a reduction of travel, energy use, or emissions
of greenhouse gases or that are located in qualified areas. The bill also authorizes
DNR to promulgate a rule that reduces the amount of matching funds that are
required under the program for such a project to below 20 percent of the amount of
the grant.
Forward innovation fund
Under current law, Commerce may award grants or loans from the Forward
Innovation Fund (FIF) to certain eligible recipients, including municipalities, to
undertake certain eligible activities, including innovative proposals to strengthen
inner cities and rural areas. Recipients of a grant or loan under the FIF must provide
a match of 25 percent of the grant or loan.
This bill requires Commerce to give additional consideration to an eligible
activity proposed by an eligible recipient that is the governing body of a municipality
if the eligible activity will result in a reduction in travel, energy use, or the emission
of greenhouse gases, or if the eligible activity is located in a qualified area.
Commerce is authorized to establish, by rule, a match of less than 25 percent for a
municipality that receives a grant or loan if the grant or loan is awarded to that
municipality for an eligible activity that will result in a reduction in travel, energy
use, or the emission of greenhouse gases or that is located in a qualified area.
State Main Street Program
Also under current law, Commerce administers a State Main Street Program.
Under the State Main Street Program, Commerce provides assistance to
municipalities with the revitalization of business areas in the municipalities. Each
year, Commerce selects up to five municipalities to participate in the program. This
bill permits Commerce to give additional consideration to the application of a
municipality that has proposed a project that is a "qualifying project." A "qualifying
project" is defined by the bill as a project that will result in a reduction in travel,
energy use, or the emission of greenhouse gases or that is located in a qualified area.
Brownfields grant program
Also under current law, Commerce awards grants to persons, including
municipalities and counties, for brownfields redevelopment and associated
environmental remediation. In determining whether to award a brownfields
development grant to a person, Commerce may consider specified criteria, including
the potential of the project to promote economic development in the area and the level
of financial commitment of the applicant. Under current law, the recipient of a
brownfields development grant must contribute matching funds towards the project
of a percentage that varies depending upon the cost of the project, from not less than
20 percent to not less than 50 percent of the cost of the project.
This bill requires Commerce to give additional consideration to a "qualifying
project." A "qualifying project" is defined by the bill as a project proposed by a city,
town, village, or county that will result in a reduction in travel, energy use, or the
emission of greenhouse gases or that is located in a qualified area. Commerce is
authorized to establish, by rule, a match of less than the usual percentage of the cost
of a project if the recipient of the grant is a city, village, town, or county and the project
is a qualifying project.
Transportation facilities economic assistance and development program
Under current law, the Department of Transportation (DOT) administers a
transportation facilities economic assistance and development program (TFEAD
program) under which DOT provides assistance for construction or reconstruction
of highways, airports, harbors, and railways (improvements). Before DOT can
provide assistance for an improvement, DOT must approve the improvement. This
approval may be made only if the improvement is a component of an economic
development project that increases the number of jobs in this state and only after
DOT has made determinations relating to 13 specifically identified factors, including
whether the improvement is a justified transportation need; the ratio of the cost of
the improvement to the increase in jobs; whether the improvement is compatible
with other projects; and whether the improvement will contribute to economic
growth. In awarding a grant under the TFEAD program, DOT must establish its
maximum financial participation in the improvement, which generally is the lesser
of 50 percent of the cost of the improvement or $5,000 for each job resulting from the
improvement or economic development project.
This bill adds a 14th factor that DOT must determine in approving an
improvement under its TFEAD program and allows DOT to give extra weight to this
factor. This 14th factor is whether the improvement will result in a reduction of
travel, energy use, or emissions of greenhouse gases or is located in a qualified area.
For such an improvement, the bill authorizes DOT, with limitations, to promulgate
a rule allowing DOT to establish a higher level of financial participation and to use
different standards for determining job creation or retention, as compared to other
improvements under the TFEAD program.
Planning grants to local governments
Under current law, the Department of Administration (DOA) provides grants
to municipalities, counties, and regional planning commissions for financing the cost
of planning activities or purchasing computerized planning products or services. In
awarding grants, DOA must give preference to applications of these local
governments that contain six specified elements, which are planning efforts that
address the interests of overlapping or neighboring jurisdictions; contain a
description of the means by which 14 specified local, comprehensive planning goals
will be achieved; identify smart growth areas; include development of implementing
ordinances, such as zoning and land division ordinances; are projected to be
completed within 30 months of the grant award; and provide opportunities for public
participation throughout the planning process.
This bill creates a seventh preference element for DOA to evaluate in awarding
grants, which is the local government's planning efforts that include consideration
of traditional neighborhood development. In addition, any local government
awarded a grant by DOA for planning activities must consider, as part of the
planning activities, whether an area considered for traditional neighborhood
development is one of specified areas and whether making the area a traditional
neighborhood development would result in a reduction of travel, energy use, or
emissions of greenhouse gases.
Model parking ordinance
This bill requires the University of Wisconsin-Extension (UW-Extension) to
develop a model parking ordinance that includes market pricing methods for
on-street parking and preferred parking opportunities for vehicles with relatively
low emissions of greenhouse gases. The UW-Extension must appoint and convene
an advisory committee and consult the advisory committee in developing the model
ordinance. The UW-Extension must also evaluate current practices with respect to
minimum parking space requirements for public buildings. Upon completing the
model ordinance, the UW-Extension must make it publicly available and provide it
to organizations representing local governments.
Surface transportation planning to reduce greenhouse gas emissions
Under current law, DOT may expend state and federal funds for transportation
planning relating to highways, mass transit, railroads, and any other transportation
mode. To the extent practicable, local governments, including regional planning
commissions, must follow DOT's recommendations relating to transportation. DOT
has various other responsibilities relating to studying and planning, and assisting
local governments in planning, transportation systems in this state.
This bill requires DOT, in consultation with DNR, to establish statewide goals
for reducing greenhouse gas emissions from surface transportation that will
contribute to achieving the state's overall statewide greenhouse gas emission
reduction goals. DOT must, in consultation with DNR, DOA, the University of
Wisconsin System, and Metropolitan Planning Organizations (MPOs), identify
strategies for reducing greenhouse gas emissions from surface transportation and
develop methods and procedures for preparing multimodal transportation plans and
transportation improvement programs that incorporate these strategies. Beginning
approximately two years after the effective date of the bill, DOT must, to the extent
practicable, use these methods and procedures in preparing, and incorporate these
strategies into, its long-range statewide transportation plans and statewide
transportation improvement programs. By July 1, 2013, and at least every four
years thereafter, DOT must assess its progress in achieving its greenhouse gas
emission reduction goals and must report its findings to DNR.
The bill also requires each MPO in this state, in consultation with DOT and
consistent with the goals established by DOT, to establish goals for reducing
greenhouse gas emissions from surface transportation in the MPO's planning area.
Beginning approximately two years after the effective date of the bill, each MPO
must, to the extent practicable, use the methods and procedures developed by DOT
in preparing, and incorporate the strategies developed by DOT into, its
transportation plans and transportation improvement programs for its planning
area. By March 1, 2013, and at least every four years thereafter, each MPO must
report to DOT its strategies for reducing greenhouse gas emissions from surface
transportation, the status of its implementation of these strategies, and its progress
in achieving its greenhouse gas emission reduction goals. In addition, DOT must
assess the progress of MPOs in achieving their greenhouse gas emission reduction
goals and report its findings to DNR. DOT may not provide financial assistance to
an MPO unless the MPO has made a good faith effort to use the methods and
procedures developed by DOT in preparing, and incorporate the strategies developed
by DOT into, its transportation plans and transportation improvement programs for
its planning area.
Environmental evaluations for transportation projects
This bill requires DOT, in preparing an environmental assessment or
environmental impact statement for a transportation project, to include an
evaluation of the greenhouse gas emissions and energy use that will result from the
project (emission and energy evaluation). If DOT is also considering any alternative
to the project, DOT must prepare an emission and energy evaluation for each
alternative. In performing any cost-benefit analysis related to a project for which
an emission and energy evaluation is required, DOT must consider the monetary
value of the greenhouse gas emissions and energy use that will result from the
project, calculated according to rules that DOT is required under the bill to
promulgate. The bill specifies certain factors that must be considered in any
emission and energy evaluation. The bill also requires DOT, in consultation with
DNR, to appoint a technical advisory committee to make recommendations to DOT
on: the factors to be considered, and the methodology to be used, in preparing
emission and energy evaluations; and setting a monetary value for greenhouse gas
emissions and energy use.
The bill also requires DOT, as part of its statewide long-range multimodal
transportation plan for the 20-year period ending in 2030 (Connections 2030 plan),
to consider greenhouse gas emissions and energy use in identifying, prioritizing,
evaluating, or assessing transportation facility or service needs for the statewide
transportation system. DOT must continue to include these considerations in any
revision, modification, or update of the Connections 2030 plan and in any other
statewide long-range multimodal transportation plan.
Engine idling
Under current law, a "motor truck" is defined as a motor vehicle designed, used,
or maintained primarily for the transportation of property. "Truck tractors" and
"road tractors" are motor vehicles designed and used for drawing other vehicles. Also
under current law, traffic regulations generally apply only on highways.
This bill prohibits the operator of a motor truck, truck tractor, or road tractor
(truck) from allowing the primary propulsion engine of the vehicle to idle for more
than five minutes in any 60 minute period unless: 1) the truck is forced to remain
motionless because of traffic conditions; 2) the outdoor temperature is below ten
degrees, or above 90 degrees, Fahrenheit; 3) the medical needs of the operator or a
passenger require the use of equipment that is powered from the truck's primary
propulsion engine; 4) it is necessary to power equipment needed for loading or
unloading property; 5) it is necessary to regenerate an emission filtration device on
the truck; 6) maintenance procedures, including repair, are being performed on the
truck; or 7) the truck contains a heavy-duty highway diesel engine that complies
with certain air pollutant emission standards. This idling prohibition applies on or
off a highway. The operator of a truck who violates this prohibition may be required
to forfeit not less than $20 nor more than $40 for the first offense, not less than $100
nor more than $500 for the second conviction within a year, and not less than $500
nor more than $1,000 for the third or subsequent conviction within a year.
The bill also requires DNR to study ways to reduce greenhouse gas emissions
from the idling of other kinds of engines.
Energy efficiency and conservation in buildings
Current law requires Commerce to promulgate an energy efficiency code that
sets design requirements for construction and equipment for the purpose of energy
conservation in public buildings and places of employment (commercial buildings).
Commerce must review the energy conservation code according to a specific schedule
and must promulgate rules that change the requirements of the code to improve
energy conservation. In conducting its review, Commerce must consider
incorporating into the energy conservation code the design requirements from the
most current national energy efficiency design standards, including the
International Energy Conservation Code (IECC) or another energy efficiency code
that is generally accepted and used by engineers and the construction industry.
This bill requires Commerce to base the energy conservation code for
commercial buildings on the standards in the IECC or in another generally accepted
code that provides at least as great an energy conservation benefit as the IECC
provides. Commerce may deviate from the IECC or other generally accepted code by
setting less strict standards if specific conditions exist in this state that make
application of the IECC or other generally accepted code unreasonably burdensome.
In that case, the different standards must provide the greatest energy conservation
benefits that are consistent with the specific conditions. Commerce may also
promulgate rules that have stricter standards than those in the IECC or another
generally accepted energy conservation code if Commerce considers certain factors,
including the cost of complying with the stricter standards.
Current law also requires Commerce, in promulgating rules that establish
standards for the construction of one- and two-family dwellings, to take energy
conservation into account. This bill requires Commerce to promulgate an energy
efficiency code by rule for one- and two-family dwellings. The bill requires
Commerce to base the code upon the IECC or another generally accepted energy
conservation code using the same criteria that Commerce must use in promulgating
an energy efficiency code for commercial buildings.
The bill also requires Commerce to promulgate rules establishing energy
conservation standards for agricultural facilities. The bill requires that the rules
define an "agricultural facility" to include a barn and a milking parlor. The bill also
requires Commerce to consult with the Department of Agriculture, Trade and
Consumer Protection (DATCP) before promulgating the rules.
The bill, in addition to requiring Commerce to promulgate rules establishing
mandatory energy conservation standards for commercial buildings, requires
Commerce to promulgate rules establishing voluntary design standards for the
purpose of further reducing the environmental impact of constructing, maintaining,
and using public buildings and places of employment. The bill requires Commerce
to base the voluntary design standards on standards jointly established by specified
organizations or on other generally accepted standards and requires that the
standards provide greater energy conservation benefits than those contained in the
energy conservation code for commercial buildings.
Consumer electronics efficiency requirements
This bill prohibits the sale, or offer for sale, of certain consumer electronic
devices if the devices use more than a specified amount of electricity in "standby
mode" (connected to a power source and not producing video or audio output signals,
but able to be switched into another mode with a remote control or an internal
signal).
Under the bill, no person may sell a compact audio device that uses more than
four watts in standby mode (or two watts, if the device has a permanently
illuminated clock) or a television or digital versatile disc (DVD) player or recorder
that uses more than three watts in standby mode. Violators are subject to a forfeiture
up to $100 for each device sold or offered for sale.
Boiler inspection requirements
This bill also establishes inspection requirements for persons who own
industrial boilers. The bill requires that most industrial boilers be inspected on an
annual basis to assess the boiler's energy efficiency. The owner of the boiler must
take action based upon the results of the inspection to maximize the boiler's energy
efficiency and to minimize the emission of greenhouse gasses from the boiler. The
bill exempts certain industrial boilers from these inspection requirements including
industrial boilers used by public utilities and cooperative organizations that
generate or furnish electric energy to their members.
Greenhouse gas emissions by major state agencies
Currently, with certain exceptions, DOA must ensure that the specifications for
each state construction project require the use of recovered and recycled materials
to the extent that such use is technically and economically feasible. With certain
exceptions, DOA must also prescribe and enforce energy efficiency standards for
energy consuming equipment that is installed in connection with state construction
projects. The standards must meet or exceed specified statutory standards. The
Building Commission must also apply these standards when entering into certain
leases on behalf of the state. Current law also requires the commission to employ a
design for cogeneration of steam and electricity in state-owned central steam
generating facilities unless the commission determines that such a design is not
cost-effective and technically feasible. Currently, the commission must also ensure
that state-operated steam generating facilities are designed to allow the use of
biomass fuels and refuse-derived fuels to the greatest extent cost-effective and
technically feasible. In addition, under current law, the commission is prohibited
from approving the construction or major remodeling of or addition to any state
building or structure unless the building or structure makes maximum practical use
of passive solar energy system design elements and, unless not technically or
economically feasible, incorporates an active solar energy system or photovoltaic
solar energy system or other renewable energy system.
This bill directs nine state agencies (the departments of administration,
agriculture, trade and consumer protection, corrections, health services, natural
resources, public instruction, transportation, and veterans affairs, and the Board of
Regents of the University of Wisconsin System) to: 1) prepare an analysis that
estimates the amount of greenhouse gas emissions that are attributable to activities
of the agency in calendar years 2005 and 2010; 2) establish achievable goals for
reduction of greenhouse gas emissions identified in its analysis that must include a
reduction by January 1, 2020, to an annual amount that is 22 percent lower than the
annual amount attributable to the agency in 2005; and 3) develop a plan for
achieving the goals by means of specific actions to be taken and completed by
January 1, 2020. The plan must address nine specified means of reducing
greenhouse gas emissions. The bill requires each of these agencies to make a
biennial report to DOA concerning its progress toward achieving or its success in
maintaining adherence to its goals. The bill then directs DOA to prepare a biennial
report summarizing the reports it receives from these agencies and submit the report
to DNR.
The bill also directs DOA to prescribe guidelines and protocols for use by these
agencies in estimating the amount of greenhouse gas emissions that are attributable
to activities of the agency, establishing goals for reducing those emissions, and
developing plans to achieve the goals. The bill also directs DOA to establish energy
efficiency goals for these agencies designed to ensure that, by 2030, the overall
energy use by all state agencies is reduced to a level that is 30 percent lower than the
overall use by those agencies in 2005. The bill further directs DOA to establish goals
for each of these agencies that are designed to ensure that overall use by all agencies
of energy derived from biomass is at least equivalent to an amount that gradually
increases from 10 percent in 2010 to 25 percent in 2025.
Design standards for state buildings
This bill directs DOA to ensure that the plans and specifications for 1) each
project to construct or expand a state building; 2) each project to repair, renew, or
renovate an existing state building that affects at least 35,000 square feet of enclosed
space; and 3) each project that affects the envelope or the heating, ventilation, or air
conditioning system of an existing state building conform to the voluntary standards
promulgated by Commerce under the bill unless DOA or the Building Commission
is required by another law to apply a stricter standard for the plans or specifications.
The bill also directs DOA to ensure that the plans and specifications for each other
project to construct a state building or to construct, repair, renew, renovate, or
expand a state building conform to the voluntary standards promulgated by
Commerce if DOA determines that compliance is technically feasible and cost
effective. The requirement for other projects does not apply if DOA or the Building
Commission is required under another law to apply a stricter standard for the plans
and specifications.
Energy efficiency assistance by office of energy independence
The bill directs the Office of Energy Independence (OEI) to provide information
to school districts regarding opportunities to minimize expenses and environmental
impacts through the modification of facilities and operational practices that
maximize the efficiency of energy use, maximize the use of renewable energy
resources, and otherwise minimize emissions of greenhouse gases. The bill also
directs OEI to encourage and assist school districts in voluntarily conducting the
analyses, establishing the goals and developing plans to achieve the goals required
of the nine state agencies under the bill, and to report to DOA and DNR biennially
on the progress made by school districts in so doing.
The bill directs DNR to provide assistance to the nine state agencies that must
develop greenhouse gas emission reduction plans in identifying opportunities to
reduce emissions through development of motor vehicle idling reduction techniques.
No specific penalty applies to violations, but all provisions of law resulting from
enactment of the bill are enforceable through the court system.
Levy limit exception
Under current law, local levy limits are applied to the property tax levies that
are imposed in December 2009 and 2010. Current law prohibits any city, village,
town, or county (political subdivision) from increasing its levy by a percentage that
exceeds its "valuation factor," which is defined as the greater of either 3 percent or
the percentage change in the political subdivision's equalized value due to new
construction, less improvements removed. In addition, the calculation of a political
subdivision's levy does not include any tax increment that is generated by a tax
incremental district.
Current law contains a number of exceptions to the levy limit. These exceptions
include amounts that may be levied for the following purposes or because of the
following situations: political subdivisions that transfer the provision of services to
another governmental unit; cities or villages that annex town territory; political
subdivisions that levy to pay debt service on debt authorized on or after July 1, 2005;
a levy for certain charges assessed by a joint fire department; a county levy that
relates to a county children with disabilities education board, bridge and culvert
repairs, payments to public libraries, and a countywide emergency medical system;
and the amount a village levies to pay for police services, but only for the year after
the year in which a town, which did not have a police force, changed to village status.
This bill creates another exception to the levy limit that would otherwise apply.
Under the bill, the levy limit does not apply to any amount levied by a political
subdivision to pay for energy efficiency measures and renewable energy products
that reduce or avoid energy costs, and such amount may not be included in the
calculation of the base amount of any year's levy. The bill also requires DOA to
promulgate rules to facilitate the implementation of this provision.
Energy crop reserve program
This bill directs DATCP to establish and administer a program to subsidize the
production of crops to be used for the production of fuel or energy. A person may
participate in the program if the person owns or leases eligible land in this state and
enters into a contract, with a term of up to ten years, with DATCP to grow and harvest
eligible crops. Eligible crops include herbaceous perennials or short rotation woody
crops. "Short rotation woody crop" is defined as a woody crop, including willows and
poplars, grown using agronomic practices. "Eligible land" is defined in the bill as
land that is used for or susceptible for use for growing eligible crops. The following
lands are not eligible for enrollment in the program: land owned by a municipality;
federally owned land; land enrolled in certain federal agricultural programs; and
land in native sod on the effective date of the bill. DATCP must designate, by rule,
crops ineligible for payments under the program. A contract entered into under the
program may be renewed. Further, a person may enter into more than one contract
with DATCP under the program.
A person participating in the program who grows eligible crops in compliance
with sustainable planting and harvesting requirements, performance standards,
and conservation practices established by DATCP, in consultation with DNR, may
receive the following payments over the term of the contract: 1) a percentage of the
cost to establish the energy crops; 2) income replacement payments related to income
lost during the years the energy crops are not yet ready for harvest; and 3) production
payments for each ton of energy crop harvested and used to produce energy or fuel.
DATCP must establish, by rule, the amount a person participating in the
program may receive under the program in each payment category and over the term
of the contract. The rules may vary the amount or percentage of each payment
according to a number of variables, including the cost to produce the energy crop, the
amount of energy or fuel produced from the energy crop, the agricultural or
silvicultural practices employed by the participating person, and the extent to which
the production and harvesting practices minimize life-cycle greenhouse gas
emissions and maximize carbon sequestration. DATCP must annually report to
DNR and DOA on the acres of land enrolled in the program, the number of tons and
types of energy crops harvested under the program, and the costs of the program.
This bill also requires DATCP and DNR to study whether financial incentives
provided to bioenergy feedstock producers by state and federal programs, in effect
on the effective date of the bill, are adequate to prompt the sustainable production
of a supply of biomass that will significantly contribute to the achievement of state
greenhouse gas emission reduction goals. The bill requires DATCP and DNR to work
with OEI, the University of Wisconsin System, the PSC, and representatives of
interested parties, including natural resources organizations, in the preparation of
the study.
If DATCP and DNR determine, as a result of the study, that current state and
federal financial incentives are not adequate, DATCP and DNR must, by July 1,
2013, prepare and submit to the Climate Change Coordinating Council
recommended changes to current law and proposed new legislation to induce
bioenergy feedstock producers to sustainably increase their production of biomass
in order to achieve state greenhouse gas emission reduction goals. DATCP and DNR
must consider, as part of the recommendations, methods to reduce financial risk to
bioenergy feedstock producers and the expansion of programs that award credits to
producers who reduce greenhouse gas emissions or use renewable resources in place
of fossil fuels.
Forestry
Under current law, DNR awards grants to certain eligible private forest land
owners to develop and implement forest stewardship management plans and to
award grants to groups of interested parties for projects to control invasive plants in
weed management areas. Each grant recipient must provide a matching
contribution in an amount determined by DNR for that particular grant based on
criteria promulgated by DNR by rule.
This bill requires DNR to promulgate rules that describe those forest
stewardship management plan practices that are eligible for funding under the
grant program, including establishing and maintaining trees; implementing
measures to protect those trees from damage caused by deer; and implementing
measures that promote forest health, including insect and disease control. The bill
also limits the matching contribution required to be made by a grant recipient who
is awarded a grant to plant and maintain trees to not more than 25 percent of that
portion of the grant that is for the costs incurred in planting and maintaining the
trees, subject to the availability of funds.
The bill requires DNR to provide technical assistance to promote sustainable
forest management that increases the long term storage of carbon (carbon
sequestration) in forests owned by private persons and to assist them to generate
marketable credits that can be used by purchasers to satisfy limits on emissions of
greenhouse gases. The bill requires DNR to produce standards and practices for
monitoring and measuring carbon sequestration by forests. The bill also requires
DNR to attempt to identify owners of private forest land who do not participate in
forestry programs, and to notify those owners about information and technical
assistance available from DNR concerning carbon sequestration and sustainable
forest management.
Air pollution permitting for sources reducing greenhouse gas emissions
Under current law, a person must generally obtain an air pollution construction
permit from DNR before constructing or modifying a stationary source of air
pollution. Permitting and other requirements vary depending on whether a
stationary source is considered a major source or a minor source. The determination
of whether a source is a major source is based on provisions of the federal Clean Air
Act. Currently, EPA delegates to DNR the authority to administer the federal Clean
Air Act in this state.
Current law requires DNR to assess air pollution permit obligations for
stationary sources and to implement measures, consistent with state and federal
law, to lessen those obligations, such as by expanding the availability of simplified
permitting processes.
