Amendment ASA1-AB649

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.

AB649-ASA1,22,18 2. Notwithstanding s. 281.16 (3) (e), the performance standards, prohibitions, conservation practices, and technical standards under s. 281.16 (3) (a) to (c).

AB649-ASA1,22,22 (4) Payments; limitations. (a) Subject to the limitations under par. (b), from the appropriation under s. 20.115 (4) (d), the department may make any of the following payments to a person with whom the department has entered into a contract under sub. (3) if the person is eligible for the payment:

AB649-ASA1,22,25 1. Cost-sharing payments equal to a percentage, specified by the department under sub. (8) (c), of the cost to establish an energy crop on the land enrolled under the contract.

AB649-ASA1,23,10 2. Income replacement payments of a percentage, specified by the department under sub. (8) (d), of the average annual net income the person earned from the land enrolled under the contract in the 5 consecutive years before the land was enrolled in the program under this section. The person may receive an annual payment under this subsection until the person is eligible to receive or has received a production payment under subd. 3. for energy crops harvested on land enrolled under the contract, or for the number of years specified by the department under sub. (8) (d) 1., whichever is less. A payment under this subdivision may replace a portion of the payment, as specified by the department under sub. (8) (d) 2., the person had received under the conservation reserve program under 16 USC 3831 to 3836.

AB649-ASA1,23,13 3. Production payments, of an amount determined by the department under sub. (8) (e), for each ton of energy crop harvested and used to produce energy or fuel or sold to a person that will use the crop to produce energy or fuel.

AB649-ASA1,23,17 (b) 1. If the total amount of payments to be made under par. (a) in a fiscal year would exceed the amount available from the appropriation under s. 20.115 (4) (d), the department shall prorate the payments among all persons eligible to receive a payment under par. (a) in that fiscal year.

AB649-ASA1,23,19 2. No person eligible to receive a payment under par. (a) may receive payments in excess of the amount established by the department under sub. (8) (g).

AB649-ASA1,23,21 (5) Eligibility. A person is eligible to participate in the program under this section if any of the following applies:

AB649-ASA1,23,22 (a) The person owns land eligible to be enrolled in the program.

AB649-ASA1,23,24 (b) The person controls land eligible to be enrolled in the program under a lease that covers the contract period established under sub. (3).

AB649-ASA1,24,3 (6) Enrollment. (a) Except as provided in par. (b), a person eligible under sub. (5) may apply to enroll in the program under this section any land in this state that is used or suitable for growing the crops identified under sub. (7).

AB649-ASA1,24,4 (b) The following land may not be enrolled in the program under this section:

AB649-ASA1,24,7 1. Federally owned land, other than land in this state held in trust by the federal government for an American Indian or a federally recognized American Indian tribe or band.

AB649-ASA1,24,9 2. Land owned by a municipality. In this subdivision, "municipality" has the meaning given in s. 66.0301 (1) (a).

AB649-ASA1,24,11 3. Land that is in native sod on the effective date of this subdivision .... [LRB inserts date].

AB649-ASA1,24,12 4. Land enrolled in the program under subch. I or subch. VI of ch. 77.

AB649-ASA1,24,13 5. Land enrolled in any of the following:

AB649-ASA1,24,14 a. The conservation reserve program under 16 USC 3831 to 3836.

AB649-ASA1,24,15 b. The wetlands reserve program under 16 USC 3837 to 3837f.

AB649-ASA1,24,16 c. The grassland reserve program under 16 USC 3838n to 3838q.

AB649-ASA1,24,17 d. The biomass crop assistance program under 7 USC 8111.

AB649-ASA1,24,20 (7) Eligible energy crops. (a) Except as provided in par. (b), a person may receive payments under this section for the production of any perennial herbaceous crop or short rotation woody crop to be harvested and used to produce energy or fuel.

AB649-ASA1,24,22 (b) No payments may be received under this section for the growth of any of the following:

AB649-ASA1,24,25 1. A crop that is produced and harvested for a purpose other than the production of energy or fuel, even if the residue of the crop may be used to produce energy or fuel.

AB649-ASA1,25,2 2. Any plant identified by the department of natural resources under s. 23.22 as invasive or having the potential to become invasive.

AB649-ASA1,25,3 3. Any other crop specified by the department by rule.

AB649-ASA1,25,7 (8) Rule making. The department of agriculture, trade and consumer protection shall promulgate the following by rule and shall consult with the department of natural resources in the preparation of any rules that affect the natural resources of this state: