Amendment ASA1-AB649

AB649-ASA1,12,9 16.965 (5) (a) In addition to grants under sub. (2), from the appropriations under s. 20.505 (1) (cm) and (if), the department may provide grants to local governmental units to be used to finance the development or implementation of ordinances for traditional neighborhood development or conservation subdivisions or to finance planning efforts to increase overall residential densities through measures such as those described in sub. (4) (bm) 1. to 6. Only local governmental units that have in effect comprehensive plans that achieve the goals in sub. (4) (am) 2. are eligible for grants under this subsection. The department shall require any local governmental unit that receives a grant under this subsection to finance a percentage of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. The department shall determine the percentage of the cost to be funded by a local governmental unit based on the number of applications for grants and the availability of funding to finance grants for the fiscal year in which grants are to be provided. A local governmental unit that desires to receive a grant under this subsection shall file an application with the department. A local governmental unit shall include in its application a complete statement of the expenditures proposed to be made for the purposes of the grant.

AB649-ASA1,12,12 (b) The department may not limit the eligibility of a local governmental unit for a grant under this subsection on grounds related to the previous receipt of a grant under sub. (2) by the local governmental unit.

AB649-ASA1, s. 17 Section 17. 20.115 (4) (d) of the statutes is created to read:

AB649-ASA1,12,15 20.115 (4) (d) Energy crop reserve program; payments. The amounts in the schedule for payments under the energy crop reserve program under s. 93.47.

AB649-ASA1, s. 18 Section 18. 20.155 (3) (s) of the statutes is repealed.

AB649-ASA1, s. 19 Section 19. 25.96 of the statutes is amended to read:

AB649-ASA1,12,21 25.96 Utility public benefits fund. There is established a separate nonlapsible trust fund designated as the utility public benefits fund, consisting of low-income assistance fees received under s. 16.957 (4) (a) and (5) (b) 2. and all moneys received under s. 196.374 (3) (b) 4.

AB649-ASA1, s. 20 Section 20. 26.38 (2m) (b) of the statutes is renumbered 26.38 (2m) (b) 1. and amended to read:

AB649-ASA1,13,3 26.38 (2m) (b) 1. Each Except as provided under subd. 2., each recipient of a grant under this section shall provide a matching contribution in an amount to be determined by the department for that particular grant based on criteria promulgated by rule under sub. (3). The matching contribution may be in the form of money or in-kind goods or services or both.

AB649-ASA1, s. 21 Section 21. 26.38 (2m) (b) 2. of the statutes is created to read:

AB649-ASA1,13,9 26.38 (2m) (b) 2. If a grant to implement a forest stewardship management plan includes a requirement that the recipient plant and maintain trees, the recipient shall provide a matching contribution of not more than 25 percent of that portion of the grant that is for the cost of planting and maintaining the trees, subject to the availability of funds.

AB649-ASA1, s. 22 Section 22. 26.38 (3) (d) of the statutes is created to read:

AB649-ASA1,13,15 26.38 (3) (d) A description of the forest stewardship management plan practices that are eligible for funding under this section. Eligible practices shall include 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.

AB649-ASA1, s. 23 Section 23. 26.42 of the statutes is created to read:

AB649-ASA1,13,17 26.42 Carbon sequestration in forests. (1) Definitions. In this section:

AB649-ASA1,13,18 (a) "Cap and trade program" has the meaning given in s. 299.04 (1) (a).

AB649-ASA1,13,19 (am) "Carbon sequestration" has the meaning given in s. 299.03 (1) (bm).

AB649-ASA1,13,20 (b) "Greenhouse gas" has the meaning given in s. 299.03 (1) (d).

AB649-ASA1,13,21 (c) "Sustainable forestry" has the meaning given in s. 28.04 (1) (e).

AB649-ASA1,14,4 (2) Standards and practices. (a) Subject to par. (b), the department, in cooperation with the department of agriculture, trade and consumer protection, the University of Wisconsin-Extension, and the council on forestry, shall specify standards and practices for monitoring and measuring carbon sequestration by forests, including standards and practices for voluntary carbon accounting on forest lands of the state. The department shall design the standards and practices to conform with regional or national systems for trading credits for greenhouse gas emissions.

AB649-ASA1,14,6 (b) Paragraph (a) does not apply until a regional or national cap and trade program that applies to any person in this state is enacted or adopted.

AB649-ASA1,14,13 (3) Technical assistance. The department, in cooperation with the department of agriculture, trade and consumer protection and the University of Wisconsin-Extension, shall provide technical assistance to promote the use of sustainable forestry practices that increase carbon sequestration by persons who own forest lands of the state and to assist them, through the use of those practices, to generate credits that may be used to satisfy limits on emissions of greenhouse gases and to sell the credits.

AB649-ASA1,14,21 (4) Identification and notification of owners of private forest lands. Using the land cover database developed under s. 299.03 (5) (b) 3., county land records, geographic information systems, and other methods, the department shall identify, to the extent practicable, persons who own private forest lands and who do not participate in forestry programs administered by the department. The department shall notify persons identified under this subsection about information and technical assistance that is available from the department concerning carbon sequestration and sustainable forest management.

AB649-ASA1, s. 24 Section 24. 36.605 of the statutes is created to read:

AB649-ASA1,15,9 36.605 Extension's model parking ordinances. (1) The extension, in consultation with the advisory committee appointed under sub. (3), shall develop 2 or more model market pricing parking ordinances. At least one ordinance shall be tailored to parking in urban areas and at least one ordinance shall be tailored to parking in nonurban areas. Each ordinance shall include market pricing methods for on-street parking, parking structures, and fee lots. Each ordinance shall also include preferred parking opportunities for vehicles with relatively low emissions of greenhouse gases, as defined in s. 299.03 (1) (d), considering the complexities of determining whether particular vehicles should be eligible for preferred parking opportunities. In developing these model ordinances, the extension shall evaluate current practices with respect to mandatory minimum parking space requirements for public buildings.

AB649-ASA1,15,13 (2) Upon completion of the model ordinances under sub. (1), the extension shall make these model ordinances publicly available to interested persons and shall provide these model ordinances to organizations representing local units of government in this state.

AB649-ASA1,15,18 (3) The extension shall appoint and convene an advisory committee to provide guidance to the extension in the development of the model ordinances under sub. (1). The advisory committee shall include at least one member from the department of transportation. The provisions of s. 15.04 (1) (c) shall apply to the members of the advisory committee as if the committee had been created and appointed by the board.

AB649-ASA1, s. 25 Section 25. 66.0602 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB649-ASA1,16,3 66.0602 (2) Levy limit. Except as provided in subs. (3), (4), and (5), no political subdivision may increase its levy in any year by a percentage that exceeds the political subdivision's valuation factor. The base amount in any year, to which the limit under this section applies, shall be the maximum allowable levy for the immediately preceding year. In determining its levy in any year, a city, village, or town shall subtract any tax increment that is calculated under s. 59.57 (3) (a), 60.85 (1) (L), or 66.1105 (2) (i). The base amount in any year, to which the limit under this section applies, may not include any amount to which sub. (3) (e) 8. or 9. applies.

AB649-ASA1, s. 26 Section 26. 66.0602 (3) (e) 9. of the statutes is created to read:

AB649-ASA1,16,10 66.0602 (3) (e) 9. The amount that a political subdivision levies in that year to pay for energy efficiency measures and renewable energy products that result in the avoidance of, or reduction in, energy costs. The department of administration shall promulgate rules to facilitate the implementation of this subdivision by creating standards and definitions for terms including energy efficiency measures, renewable energy products, and energy costs.

AB649-ASA1, s. 27 Section 27. 66.0627 (title) of the statutes, as affected by 2009 Wisconsin Act 11, is amended to read:

AB649-ASA1,16,14 66.0627 (title) Special charges for current services and energy and water efficiency improvement loans.

AB649-ASA1, s. 28 Section 28. 66.0627 (1) (a) of the statutes, as created by 2009 Wisconsin Act 11, is amended to read:

AB649-ASA1,16,19 66.0627 (1) (a) "Energy efficiency improvement" means an improvement to a residential, commercial, or industrial premises that reduces the usage of energy, or increases the efficiency of energy usage, at the premises.

AB649-ASA1, s. 29 Section 29. 66.0627 (1) (d) of the statutes is created to read:

AB649-ASA1,16,23 66.0627 (1) (d) "Water efficiency improvement" means an improvement to a residential, commercial, or industrial premises that reduces the usage of water, or increases the efficiency of water usage, at the premises.

AB649-ASA1, s. 30 Section 30. 66.0627 (8) of the statutes, as created by 2009 Wisconsin Act 11, is amended to read:

AB649-ASA1,17,12 66.0627 (8) A political subdivision may make a loan to a resident of an owner or lessee of a premises located in the political subdivision for making or installing an energy efficiency improvement, a water efficiency improvement, or a renewable resource application to the resident's residential property premises, or enter into an agreement with the owner or lessee regarding loan repayments to a 3rd party for owner-arranged or lessee-arranged financing for such purposes. If a political subdivision makes such a loan or enters into such an agreement, the political subdivision may collect the loan repayment as a special charge under this section. Notwithstanding the provisions of sub. (4), a special charge imposed under this subsection may be collected in installments and may be included in the current or next tax roll for collection and settlement under ch. 74 even if the special charge is not delinquent.

AB649-ASA1, s. 31 Section 31. 76.28 (1) (gm) 3. of the statutes is created to read:

AB649-ASA1,17,17 76.28 (1) (gm) 3. A nonutility nuclear power plant, as defined in s. 196.491 (1) (i), that has a total power production capacity of at least 50 megawatts. This subdivision takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 32 Section 32. 77.54 (30) (a) 1m. of the statutes is amended to read:

AB649-ASA1,17,20 77.54 (30) (a) 1m. Biomass, as defined in s. 196.378 (1) (ar) 196.374 (1) (am), that is used for fuel sold for residential use.

AB649-ASA1, s. 33 Section 33. 79.005 (1b) of the statutes is amended to read:

AB649-ASA1,17,24 79.005 (1b) "Alternative energy resource" means a renewable resource, as defined in s. 196.378 (1) (h) 196.374 (1) (j); garbage, as defined in s. 289.01 (9); or nonvegetation-based industrial, commercial, or household waste.

AB649-ASA1, s. 34 Section 34. 79.005 (4) (d) of the statutes is amended to read:

AB649-ASA1,18,4 79.005 (4) (d) Replacing steam generating equipment at a combustion-based renewable facility, as defined in s. 196.378 (1) (1r) (g), that is located in this state, to increase efficiency or capacity, if the facility remains a combustion-based renewable facility, as defined in s. 196.378 (1) (1r) (g), after replacing the equipment.

AB649-ASA1, s. 35 Section 35. 79.04 (6) (a) of the statutes is amended to read:

AB649-ASA1,18,20 79.04 (6) (a) Annually, beginning in 2005, for production plants that begin operation after December 31, 2003, or begin operation as a repowered production plant after December 31, 2003, except as provided in sub. (4m), the department of administration, upon certification by the department of revenue, shall distribute payments from the public utility account, as determined under par. (b), to each municipality and county in which a production plant is located, if the production plant has a name-plate capacity of at least one megawatt and is used by a light, heat, or power company assessed under s. 76.28 (2) or 76.29 (2), except property described in s. 66.0813, unless the production plant is owned or operated by a local governmental unit located outside of the municipality; by a qualified wholesale electric company, as defined in s. 76.28 (1) (gm); by a wholesale merchant plant, as defined in s. 196.491 (1) (w); by an electric cooperative assessed under ss. 76.07 and 76.48, respectively; or by a municipal electric company under s. 66.0825; or, beginning on the date specified in the notice published under s. 196.493 (3) (b), by a nonutility nuclear power plant, as defined in s. 196.491 (1) (i).

AB649-ASA1, s. 36 Section 36. 84.185 (1) (br) and (cr) of the statutes are created to read:

AB649-ASA1,18,22 84.185 (1) (br) "Greenhouse gas" has the meaning given in s. 299.03 (1) (d).

AB649-ASA1,18,24 (cr) "Traditional neighborhood development" has the meaning given in s. 66.1027 (1) (c).

AB649-ASA1, s. 37 Section 37. 84.185 (2) (b) 15. of the statutes is created to read:

AB649-ASA1,19,2 84.185 (2) (b) 15. Whether the improvement is a qualifying improvement under sub. (2m).

AB649-ASA1, s. 38 Section 38. 84.185 (2) (d) of the statutes is created to read:

AB649-ASA1,19,6 84.185 (2) (d) The secretary may give greater weight to the criterion under par. (b) 15. than to the other criteria under par. (b) in determining whether to approve an improvement.

AB649-ASA1, s. 39 Section 39. 84.185 (2m) of the statutes is created to read:

AB649-ASA1,19,11 84.185 (2m) Qualifying improvements. An improvement is a qualifying improvement for the purposes of subs. (2) (b) 15. and (4) (b) if the improvement will result in a reduction of travel, energy use, or emissions of greenhouse gases or if any of the following applies:

AB649-ASA1,19,16 (a) The improvement is located in an area that is both designated for traditional neighborhood development in a comprehensive plan adopted under s. 66.1001 and to be developed as a traditional neighborhood development under an ordinance consistent with the model ordinance under s. 66.1027 (2) and any of the following applies:

AB649-ASA1,19,17 1. The area is surrounded by or is adjacent to existing development.

AB649-ASA1,19,20 2. The area is within a sewer service territory in the sewer service area provisions of an areawide water quality management plan under s. 283.83 approved by the department of natural resources.

AB649-ASA1,19,21 3. The area consists primarily of blighted properties.

AB649-ASA1,19,23 4. The area meets other criteria, specified by the department by rule, designed to ensure that the project reduces greenhouse gas emissions.

AB649-ASA1,20,3 (b) The political subdivision in which the improvement is located has adopted the design standards under s. 101.027 (4) and the improvement is in an area that is subject to the design standards.

AB649-ASA1,20,4 (c) All of the following apply:

AB649-ASA1,20,8 1. The improvement is located in an area that is subject to either a charter under s. 299.83 (7e) issued to an association of entities that includes the political subdivision in which the area is located or a participation contract under s. 299.83 (6) entered into by the city, village, town, or county in which the area is located.

AB649-ASA1,20,13 2. The department of natural resources determines, in consultation with the department of commerce, the department of administration, the public service commission, and the office of energy independence, that implementation of the charter is likely to result in significant reductions in emissions of greenhouse gases or in energy use by public or private entities within the political subdivision.

AB649-ASA1,20,21 (d) The improvement is located in a political subdivision that participates in tier I under s. 299.83 (3), the area in which the improvement is located is affected by the participation in tier I, and the department of natural resources determines, in consultation with the department of commerce, the department of administration, the public service commission, and the office of energy independence, that the participation in tier I is likely to result in significant reductions in emissions of greenhouse gases or in energy use by public or private entities within the political subdivision.

AB649-ASA1, s. 40 Section 40. 84.185 (3) (a) (intro.) of the statutes is amended to read:

AB649-ASA1,21,2 84.185 (3) (a) (intro.) When awarding a grant under this section, the department shall establish a grant ceiling. Except as provided in par. (b) 2., the grant ceiling shall not be amended after the secretary has approved an application for funding. Except as provided in par. (b) and sub. (4) (b), the grant ceiling shall be the lesser of the following:

AB649-ASA1, s. 41 Section 41. 84.185 (4) of the statutes is renumbered 84.185 (4) (a).

AB649-ASA1, s. 42 Section 42. 84.185 (4) (b) of the statutes is created to read:

AB649-ASA1,21,8 84.185 (4) (b) The rules promulgated under this subsection may provide for all of the following with respect to an improvement that is a qualifying improvement under sub. (2m) and that is the subject of an agreement under sub. (7m) between the department and a governing body:

AB649-ASA1,21,9 1. A grant ceiling that is higher than the grant ceiling specified in sub. (3).

AB649-ASA1,21,12 2. Different standards related to job creation or retention, or both, than those that would apply under sub. (2) (b) 3. and 4. to an improvement that is not a qualifying improvement.

AB649-ASA1, s. 43 Section 43. 93.47 of the statutes is created to read:

AB649-ASA1,21,14 93.47 Energy crop reserve program. (1) Definitions. In this section:

AB649-ASA1,21,16 (a) "Agronomic practices" means agricultural practices generally associated with row cropping, including row crop production, soil management, and cultivation.

AB649-ASA1,21,19 (b) "Native sod" means land on which the plant cover is composed principally of native grasses, grass-like plants, forbs, or shrubs suitable for grazing and browsing, and that has never been tilled for the production of an annual crop.

AB649-ASA1,21,21 (c) "Short rotation woody crop" means a woody crop, including willows and poplars, grown using agronomic practices.

AB649-ASA1,21,24 (2) Program. The department shall administer a program in which it pays persons to establish and produce any eligible perennial herbaceous crop or short rotation woody crop for the production of energy or fuel.

AB649-ASA1,22,3 (3) Contract. (a) The department may enter into a contract, for a period not to exceed 10 years, with a person who applies to participate in the program under this section if all of the following are satisfied:

AB649-ASA1,22,4 1. The person is eligible under sub. (5).

AB649-ASA1,22,5 2. The person's land is eligible for enrollment under sub. (6).

AB649-ASA1,22,7 3. The person is producing or will produce an energy crop eligible under sub. (7).

AB649-ASA1,22,8 (b) The department may renew a contract entered into under this section.

AB649-ASA1,22,12 (c) A person who has entered into a contract with the department and enrolled eligible land in the program under this section may enter into additional contracts with the department to enroll additional eligible land in the program under this section.

AB649-ASA1,22,14 (d) If applicable, a person who enters into a contract under this section shall comply with each of the following on all lands under the person's control:

AB649-ASA1,22,16 1. Sustainable planting and harvesting requirements established by the department by rule for perennial herbaceous crops or for short rotation woody crops.