Amendment SSA2-SB177

LRBs0346/1

RCT:jlg:kjf

1999 - 2000 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO 1999 SENATE BILL 177

March 7, 2000 - Offered by Joint committee on Finance.

SB177-SSA2,1,5 An Act to amend 16.957 (4) (c) 2., 20.505 (10) (s) and subchapter V (title) of chapter 285 [precedes 285.41]; and to create 15.347 (5), 20.370 (2) (bj), 20.370 (2) (bk), 285.11 (19) and 285.50 of the statutes; relating to: a mercury control program from certain sources, research concerning mercury emissions, granting rule-making authority and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB177-SSA2, s. 1 Section 1. 15.347 (5) of the statutes is created to read:

SB177-SSA2,1,9 15.347 (5) Mercury control council. There is created in the department of natural resources a mercury control council consisting of up to 12 members appointed by the secretary of natural resources.

SB177-SSA2, s. 2 Section 2. 16.957 (4) (c) 2. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB177-SSA2,2,12 16.957 (4) (c) 2. `Energy conservation and efficiency and renewable resource funding.' For fiscal year 1999-2000, a portion of the public benefits fee shall be in an amount that, when added to 50% of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year, shall equal $20,000,000. In each fiscal year after fiscal year 1999-2000, a portion of the public benefits fee shall be the amount determined under this subdivision for fiscal year 1999-2000, except that if the department determines to reduce or discontinue a program under sub. (2) (b) 2., the department shall reduce the amount accordingly. If the department reduces the amount, the department shall ensure that sufficient funds are available to make the transfer from the appropriation account under s. 20.505 (10) (s) to the appropriation account under s. 20.370 (2) (bk).

SB177-SSA2, s. 3 Section 3. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB177-SSA2, s. 4 Section 4. 20.370 (2) (bj) of the statutes is created to read:

SB177-SSA2,2,18 20.370 (2) (bj) Air management — small source mercury reduction. All moneys received under s. 285.50 (6) (a) 3. for conducting small source mercury reduction projects.

SB177-SSA2, s. 5 Section 5. 20.370 (2) (bk) of the statutes is created to read:

SB177-SSA2,3,5 20.370 (2) (bk) Air management — mercury control. The amounts in the schedule for mercury research under s. 285.11 (19) and for the mercury control program under s. 285.50. All moneys transferred to this appropriation account from the appropriation account under s. 20.505 (10) (s) shall be credited to this appropriation account.

SB177-SSA2, s. 6 Section 6. 20.505 (10) (s) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB177-SSA2,3,13 20.505 (10) (s) Energy conservation and efficiency and renewable resource grants. From the utility public benefits fund, a sum sufficient for energy conservation and efficiency and renewable resource grants under s. 16.957 (2) (b) 1., to transfer the amounts in the schedule under s. 20.370 (2) (bk) to the appropriation account under s. 20.370 (2) (bk) and to make the transfer to the air quality improvement fund under s. 16.958 (2) (a).

SB177-SSA2, s. 7 Section 7. 285.11 (19) of the statutes is created to read:

SB177-SSA2,3,21 285.11 (19) Conduct, or contract with other persons to conduct, research on the effects of mercury emissions from sources in this state on the environment of this state and identify technologically and economically feasible control technologies that have been implemented successfully in reducing mercury emissions at comparable facilities in or out of this state. Once the department establishes the program under s. 285.50 (1e) (c), research under this subsection shall be consistent with and conducted under that program.

SB177-SSA2, s. 8 Section 8. Subchapter V (title) of chapter 285 [precedes 285.41] of the statutes is amended to read:

SB177-SSA2,3,24 CHAPTER 285

SB177-SSA2,4,5 SUBCHAPTER V SULFUR DIOXIDE AND NITROGEN OXIDE EMISSION RATES AND GOALS; MERCURY control

SB177-SSA2, s. 9 Section 9. 285.50 of the statutes is created to read:

SB177-SSA2,4,7 285.50 Mercury control. (1) Definitions. In this section:

SB177-SSA2,4,9 (a) "Allowance" means a limited authorization to emit one pound of mercury in one year.

SB177-SSA2,4,12 (b) "Baseline mercury emissions" means the average annual mercury emissions of a stationary source in 1997, 1998 and 1999, as determined under sub. (1m).

SB177-SSA2,4,13 (c) "Boiler" means a solid fossil fuel-fired combustion unit.

SB177-SSA2,4,14 (d) "Electric utility" has the meaning given in s. 196.485 (1) (bs).

SB177-SSA2,4,18 (dm) "Industrial boiler" means a boiler that is not owned by a municipality, this state or an electric utility if the total annual mercury emissions from all stationary sources that are located on the site on which the boiler is located exceed 10 pounds in any year.

SB177-SSA2,4,22 (e) "Modify" means to make one or more physical changes in, or changes in the method of operation of, a stationary source so that the annual mercury emissions of the stationary source increase by 5 pounds or more over the baseline mercury emissions of the stationary source.

SB177-SSA2,4,25 (f) "Nonboiler source" means a stationary source that emits mercury and that is not a solid fossil fuel-fired combustion unit. "Nonboiler source" includes a combustion unit that is fired with fossil fuel that is not solid.

SB177-SSA2,5,3 (h) "Regulated electric utility boiler" means a boiler that is owned by an electric utility if the total annual mercury emissions from all stationary sources that are located on the site on which the boiler is located exceed 10 pounds in any year.

SB177-SSA2,5,7 (i) "Regulated government-owned boiler" means a boiler that is owned by a municipality or this state if the total annual mercury emissions from all stationary sources that are located on the site on which the boiler is located exceed 10 pounds in any year.

SB177-SSA2,5,10 (j) "Regulated nonboiler source" means a nonboiler source if the total annual mercury emissions from all stationary sources that are located on the site on which the nonboiler source is located exceed 10 pounds in any year.

SB177-SSA2,5,12 (k) "Site" means contiguous property that is under common ownership or control.

SB177-SSA2,5,18 (1e) Mercury control report and program. (a) No later than July 1, 2001, the department shall submit to the legislature under s. 13.172 (2) and to the governor a mercury control report that summarizes the department's review of mercury emission sources in this state and methods for obtaining reductions in mercury emissions from these sources and describes a comprehensive program that will be administered by the department for addressing mercury in the environment.

SB177-SSA2,5,21 (b) In the review under par. (a) of mercury emission sources in this state and methods for obtaining reductions in mercury emissions from these sources, the department shall include at least descriptions of all of the following:

SB177-SSA2,5,22 1. Mercury emissions by sources in this state.

SB177-SSA2,6,2 2. Each method for obtaining reductions in mercury emissions for the sources identified under subd. 1., including an analysis of the method's effectiveness, technical feasibility, cost, impact on emissions of other pollutants, unintended environmental consequences and impact on the reliability of the supply of electricity in this state or on the delivery of other goods and services.

SB177-SSA2,6,4 (c) In its comprehensive program for addressing mercury in the environment, the department shall include all of the following components:

SB177-SSA2,6,6 1. Mercury-related research funded under s. 20.370 (2) (bk) and funded from other sources.

SB177-SSA2,6,7 2. Mercury deposition studies and monitoring activities.

SB177-SSA2,6,8 3. Public information and education.

SB177-SSA2,6,9 4. Technical assistance for stationary sources that emit mercury.

SB177-SSA2,6,11 5. Methods for reducing mercury emissions, including the requirements under sub. (2) and (3) and any goals under sub. (3m).

SB177-SSA2,6,12 6. Cooperative activities under sub. (10).

SB177-SSA2,6,14 7. Activities to eliminate the use of mercury by, or reduce mercury emissions from, small sources.

SB177-SSA2,6,16 8. Activities to address problems associated with long-term storage and disposal of mercury.

SB177-SSA2,6,18 9. Activities to evaluate the effectiveness of the program for addressing mercury in the environment.

SB177-SSA2,6,19 10. Any other components identified by the department.