SB450: Bill Text

SB450,54,19 e. Conditions under which a person may reenroll land under this section.

SB450,54,20 2. Crops ineligible for payments, as described under sub. (7) (b).

SB450,54,24 3. The amount of, limits on, and procedures for calculating cost-sharing payments available to persons under sub. (4) (a) 1., including the manner in which the amounts of or limits on cost-sharing payments will vary with the energy crops being established and the costs required to establish that energy crop.

SB450,55,2 4. The amount of, limits on, and procedures for calculating income replacement payments under sub. (4) (a) 2., including all of the following:

SB450,55,5 a. The maximum number of years a person may receive payments under sub. (4) (a) 2., which number shall depend upon the time required to establish the energy crop being established by the person.

SB450,55,13 b. Limits on the amount or percent of income from payments received under the federal conservation reserve program, 7 USC 3831 to 3836, that may be included in the calculation of income replacement under sub. (4) (a) 2. The rules promulgated under this subd. 4. b. shall be designed to provide an incentive for persons who remove their land from the federal conservation reserve program to enroll the land in the program under this section, but small enough that those persons will not choose to withdraw their land from the federal conservation reserve program solely for the purpose of receiving payments under sub. (4) (a) 2.

SB450,55,18 5. The amount of and limits on production payments made under sub. (4) (a) 3., including the manner in which the amount of the payment available to a person under sub. (4) (a) 3. will vary depending upon the energy or fuel derived from the particular energy crop produced, the costs to produce the energy crop, and other factors consistent with the objectives of the program under this section.

SB450,55,21 6. Procedures and criteria for allocating funds available from the appropriation under s. 20.115 (4) (d) between cost-sharing payments, income replacement payments, and production payments.

SB450,55,24 7. Limits on the amount of payments that a person with whom the department has entered into a contract under sub. (3) may receive in any payment category under sub. (4) (a), in any contract year, and over the duration of the contract.

SB450,56,4 8. Requirements for sustainable planting and harvesting practices, including practices to minimize consumptive water use and maximize water conservation, applicable to persons with whom the person has entered into a contract under sub. (3).

SB450,56,9 (b) To advance any of the following objectives, the department may promulgate rules to establish priorities for entering into contracts with persons and enrolling land in the program under this section, and for making payments to a person who has entered into a contract under sub. (3), based upon the attributes of the land, the agricultural practices of the person, or any other pertinent factors:

SB450,56,10 1. Maximizing carbon sequestration, as defined in s. 299.03 (1) (bm).

SB450,56,13 2. Minimizing life-cycle greenhouse gas emissions of the production, harvesting, processing, and distribution of the energy crop by minimizing any of the following:

SB450,56,15 a. The distance the energy crop must be transported between the point of production and the point of end use.

SB450,56,16 b. The use of fossil fuels to plant, cultivate, and harvest the energy crop.

SB450,56,18 c. The application of fertilizer and pesticide in connection with the production of the energy crop.

SB450,56,19 d. Other energy-consuming practices.

SB450,56,21 3. The preservation of farmland through a farmland preservation agreement or farmland preservation zoning.

SB450,56,22 4. Providing soil and water conservation or wildlife preservation benefits.

SB450,56,25 (c) The department of agriculture, trade and consumer protection shall consult with the department of natural resources in the preparation of any rules that affect the natural resources of this state.

SB450,57,4 (9) Program outcomes and reports. The department of agriculture, trade and consumer protection shall, no later than July 1 of each odd year, submit to the departments of administration and natural resources a report containing all of the following information about the program under this section:

SB450,57,5 (a) The number of acres of land enrolled in the program.

SB450,57,7 (b) The number of tons and the energy content of each energy crop harvested under the program.

SB450,57,8 (c) Costs of the program.

SB450,57,10 (d) The extent to which the program under this section complements and is coordinated with the biomass crop assistance program under 7 USC 8111.

SB450,57,12 (e) Any recommendations for legislation to improve the program under this section.

SB450, s. 40 Section 40. 93.475 of the statutes is created to read:

SB450,57,15 93.475 Bioenergy feedstock production incentive study. (1) In this section:

SB450,57,17 (a) "Bioenergy feedstock" means biomass used to produce energy, including heat or electricity, or to produce a fuel, including transportation fuel.

SB450,57,18 (b) "Biomass" has the meaning given in s. 196.374 (1) (am).

SB450,57,19 (c) "Cap and trade program" has the meaning given in s. 299.04 (1) (a).

SB450,58,4 (2) (a) The department of agriculture, trade and consumer protection shall, in consultation with the department of natural resources, study whether current and projected markets for bioenergy feedstocks and state and federal programs in effect on the effective date of this paragraph .... [LRB inserts date], provide adequate financial incentives to prompt producers of bioenergy feedstocks to sustainably produce a supply of biomass that, as a result of the use of that biomass as bioenergy feedstocks, will significantly contribute to the achievement of the state greenhouse gas emission reduction goals established under s. 299.03 (2). The department of agriculture, trade and consumer protection and the department of natural resources shall prepare a report on the study.

SB450,58,12 (b) The department of agriculture, trade and consumer protection and the department of natural resources shall prepare the study required under this subsection in consultation with the office of energy independence in the department of administration, the public service commission, the University of Wisconsin System, the administrator of the statewide energy efficiency and renewable resource programs under s. 196.374 (2) (a) 1., representatives of natural resources and environmental organizations, and representatives of sectors of the economy in this state that are affected by the programs.

SB450,59,2 (3) (a) If, after conducting the study under sub. (2), the department of agriculture, trade and consumer protection and the department of natural resources determine that the financial incentives under state and federal law are inadequate to prompt producers of bioenergy feedstocks to sustainably produce a supply of biomass that will significantly contribute to the achievement of the state greenhouse gas emission reduction goals established under s. 299.03 (2), and that additional financial incentives are warranted, the department of agriculture, trade and consumer protection and the department of natural resources shall recommend changes to improve the effectiveness of financial incentives under existing state programs and propose new legislation offering additional financial incentives to prompt bioenergy feedstock producers to sustainably produce additional biomass in order to help achieve the state greenhouse gas emission reduction goals. The department of agriculture, trade and consumer protection and the department of natural resources shall consider all of the following when making the recommendations required under this paragraph:

SB450,59,4 1. Methods to reduce financial risks of bioenergy feedstock producers, such as loan guarantees and insurance.

SB450,59,8 2. Expansion of a cap and trade program or a voluntary greenhouse gas emission reduction offset program to create credits for producers of bioenergy feedstocks who reduce greenhouse gas emissions during the production of bioenergy feedstocks by adopting appropriate management practices.

SB450,59,11 3. Expansion of the renewable resource credits created under s. 196.378 (3) (a) 1. to authorize the creation of credits from the production or generation of nonelectric energy, as defined in s. 196.378 (1r) (dm), that is produced or generated from biomass.

SB450,59,16 (b) No later than July 1, 2013, the department of agriculture, trade and consumer protection and the department of natural resources shall submit a report on the study required under sub. (2) together with any recommended changes to current law or recommended new legislation proposed under par. (a) to the climate change coordinating council.

SB450, s. 41 Section 41. 100.215 of the statutes is created to read:

SB450,59,19 100.215 Energy efficiency; consumer audio and video equipment. (1) Definitions. In this section:

SB450,59,24 (b) "Compact audio device" means an integrated audio system that is encased in a single housing; that includes an amplifier, radio tuner, and attached or separable speakers; and that can reproduce audio from magnetic tape, compact disc, digital versatile disc, or flash memory, except that "compact audio device" does not include any of the following:

SB450,59,25 1. A device that can only be powered by internal batteries.

SB450,60,1 2. A device that has a powered external satellite antenna.

SB450,60,2 3. A device that can produce a video output signal.

SB450,60,4 (c) "Digital versatile disc" means a laser-encoded plastic medium capable of storing a large amount of digital audio, video, or computer data.

SB450,60,8 (d) "Digital versatile disc player" means a commercially available electronic device encased in a single housing that includes an integral power supply and whose primary purpose is the decoding of digitized audio and video signals on a digital versatile disc.

SB450,60,13 (e) "Digital versatile disc recorder" means a commercially available electronic device encased in a single housing that includes an integral power supply and for which the primary purpose is the production or recording of digitized audio and video signals on a digital versatile disc, except that "digital versatile disc recorder" does not include a device that has an electronic programming guide.

SB450,60,17 (f) "Digital video recorder" means a device that can record audio and video signals on a hard disk drive or other device that can store the signals digitally, except that "digital video recorder" does not include a device that has an electronic programming guide.

SB450,60,20 (g) "Electronic programming guide" means an application that provides an interactive on-screen menu of television listings and that downloads program information from the vertical blanking interval of a television signal.

SB450,60,23 (h) "Standby mode" means the condition in which a device is connected to a power source and does not produce video or audio output signals, but can be switched into another mode with a remote control unit or an internal signal.

SB450,61,3 (i) "Television" means a commercially available electronic device consisting of a monitor, with or without a tuner or receiver, encased in a single housing, which is designed to receive and display an analog or digital video signal received from a terrestrial, satellite, cable, or broadband source, except that "television" does not include any of the following:

SB450,61,6 1. A multifunction device that can perform functions performed by a video cassette recorder, digital versatile disc player or recorder, digital video recorder, or electronic programming guide or that has a point-of-deployment card slot.

SB450,61,7 2. A computer monitor.

SB450,61,10 (j) "Video cassette recorder" means a commercially available analog recording device that includes an integral power supply and that records audio and video signals onto a tape medium for subsequent viewing.

SB450,61,12 (2) Prohibition; penalty. (a) No person may sell or offer for sale at retail in this state any of the following:

SB450,61,14 1. A compact audio device without a permanently illuminated clock that uses more than 2 watts in standby mode.

SB450,61,16 2. A compact audio device with a permanently illuminated clock that uses more than 4 watts in standby mode.

SB450,61,17 3. A television that uses more than 3 watts in standby mode.

SB450,61,19 4. A digital versatile disc player or digital versatile disc recorder that uses more than 3 watts in standby mode.

SB450,61,22 (b) A person who violates this subsection is subject to a forfeiture of not more than $100. Each device sold or offered for sale in violation of this subsection constitutes a separate violation.

SB450, s. 42 Section 42. 101.02 (23) of the statutes is created to read:

SB450,62,2 101.02 (23) No later than July 1, 2013, and at least every 4 years thereafter, the department shall prepare and provide to the department of natural resources an assessment of progress toward meeting the new building energy use goal in s. 299.03 (3).

SB450, s. 43 Section 43. 101.027 (1) of the statutes is renumbered 101.027 (1m) and amended to read:

SB450,62,10 101.027 (1m) In this section, "energy conservation code" means the The department shall, by rule, promulgate an energy conservation code promulgated by the department that sets minimum design requirements standards for construction and equipment for the purpose of energy conservation in public buildings and places of employment. Except as provided in sub. (1r), the rules shall conform to the energy design standards contained in a generally accepted code.

SB450, s. 44 Section 44. 101.027 (1g) of the statutes is created to read:

SB450,62,17 101.027 (1g) In this section, "generally accepted code" means the International Energy Conservation Code or an energy efficiency code that provides at least as great an energy conservation benefit as the energy design standards contained in the International Energy Conservation Code and that is generally accepted and used by architects, engineers, and the construction industry in the construction of public buildings and places of employment.

SB450, s. 45 Section 45. 101.027 (1r) of the statutes is created to read:

SB450,62,22 101.027 (1r) (a) The department may set particular design standards that are less strict than those contained in the generally accepted code used by the department to promulgate the energy conservation code under sub. (1m) if all of the following apply:

SB450,62,24 1. Application of the generally accepted code is unreasonably burdensome because of specific conditions existing in this state.

SB450,63,2 2. The less strict standards provide the greatest energy conservation benefits that are consistent with the specific conditions.

SB450,63,9 (b) The department may set particular design standards that are stricter than those contained in the generally accepted code used by the department to promulgate the energy conservation code under sub. (1m) if the department takes into account the cost of complying with the stricter standards in relationship to the benefits derived from complying with the stricter standards, including the reasonably foreseeable economic and environmental benefits to this state from any reduction in the use of fossil fuel and in emissions of greenhouse gasses.

SB450, s. 46 Section 46. 101.027 (2) of the statutes is amended to read:

SB450,64,2 101.027 (2) The department shall review the energy conservation code promulgated under sub. (1m), and shall, subject to the requirements of sub. (1r), promulgate rules that change the requirements of the energy conservation code to improve energy conservation. No rule may be promulgated that has not taken into account the cost of the energy conservation code requirement, as changed by the rule, in relationship to the benefits derived from that requirement, including the reasonably foreseeable economic and environmental benefits to the state from any reduction in the use of imported fossil fuel. The proposed rules changing the energy conservation code shall be submitted to the legislature in the manner provided under s. 227.19. In conducting a review under this subsection, the department shall consider incorporating, into the energy conservation code, design requirements from the most current national energy efficiency design standards, including the International Energy Conservation Code or an energy efficiency code other than the International Energy Conservation Code if that energy efficiency code is used to prescribe design requirements for the purpose of conserving energy in buildings and is generally accepted and used by engineers and the construction industry.

SB450, s. 47 Section 47. 101.027 (3) (a) 1. of the statutes is amended to read:

SB450,64,6 101.027 (3) (a) 1. A revision of the International Energy Conservation Code generally accepted code used by the department to promulgate the energy efficiency code under sub. (1m) is published.

SB450, s. 48 Section 48. 101.027 (3) (b) 1. of the statutes is amended to read:

SB450,64,15 101.027 (3) (b) 1. If the department begins a review under sub. (2) because a revision of the International Energy Conservation Code generally accepted code used by the department to promulgate the energy efficiency code under sub. (1m) is published, the department shall complete its review of the energy conservation code, as defined in sub. (1), and submit to the legislature proposed rules changing the energy conservation code, as defined in sub. (1), no later than 18 months after the date on which the revision of the International Energy Conservation Code generally accepted code is published.

SB450, s. 49 Section 49. 101.027 (4) of the statutes is created to read:

SB450,65,6 101.027 (4) The department shall promulgate rules that set voluntary design standards for the purpose of reducing the environmental impact of constructing, maintaining, and using public buildings and places of employment. The department shall base the design standards on standards jointly established by the American National Standards Institute, the American Society of Heating, Refrigerating and Air Conditioning Engineers, the U.S. Green Building Council, and the Illuminating Engineering Society of North America or on similar standards that are generally accepted and used by architects, engineers, and the construction industry in the construction of public buildings and places of employment if the similar standards provide benefits in reducing the environmental impact of constructing, maintaining, and using public buildings and places of employment that are at least as great as the benefits provided in the jointly established standards. The department shall promulgate rules under this subsection that set design standards that provide significantly greater energy conservation benefits than those provided by the design standards contained in the energy conservation code under sub. (1m).

SB450, s. 50 Section 50. 101.028 of the statutes is created to read:

SB450,65,13 101.028 Agricultural building code. The department shall, by rule, promulgate an energy conservation code that sets minimum design standards for agricultural facilities. The department shall define, for purposes of that code, "agricultural facility," which shall include a barn and a milking parlor. The department shall consult with the department of agriculture, trade and consumer protection before promulgating rules under this section.

SB450, s. 51 Section 51. 101.173 of the statutes is created to read:

SB450,65,15 101.173 Industrial boilers; energy efficiency. (1) In this section:

SB450,65,16 (a) "Cooperative association" has the meaning given in s. 196.491 (1) (bm).

SB450,65,18 (b) "Industrial boiler" means a closed vessel in which water or other liquid is heated and that produces hot water or steam for an industrial process.

SB450,65,19 (c) "Public utility" has the meaning given in s. 196.01 (5).

SB450,65,24 (d) "Self-generator" means a person that uses equipment and facilities to generate electricity and that consumes, on each day that the equipment and facilities are in use, no less than 70 percent of the aggregate kilowatt hours output from the equipment and facilities in manufacturing processes at the site where the equipment and facilities are located.

SB450,65,25 (e) "Wholesale merchant plant" has the meaning given in s. 196.491 (1) (w).

SB450,66,5 (2) (a) Except as provided in par. (b), a person who owns an industrial boiler shall cause the boiler to be inspected on an annual basis to assess the boiler's energy efficiency. The owner of the industrial boiler shall take such action based upon the results of each annual inspection as necessary to maximize the energy efficiency of, and to minimize the emission of greenhouse gasses from, the industrial boiler.