AB649-ASA1,109,1111 (b) A prime supplier, as defined in s. 196.374 (1) (ig).
AB649-ASA1, s. 283 12Section 283. 196.66 (2) of the statutes is amended to read:
AB649-ASA1,109,1813 196.66 (2) Each day separate offense. Every day during which any public
14utility or any officer, agent, as defined in sub. (3) (a), or employee of a public utility
15fails to comply with any order or direction of the commission or to perform any duty
16enjoined by this chapter or ch. 197 shall constitute a separate and distinct violation
17under sub. (1) (1r). If the order is suspended, stayed or enjoined, this penalty shall
18not accrue.
AB649-ASA1, s. 284 19Section 284. 196.66 (4) (b) of the statutes is amended to read:
AB649-ASA1,109,2320 196.66 (4) (b) If a public utility fails to comply with any rule, order or direction
21of the commission after actual receipt by the public utility of written notice from the
22commission specifying the failure, the maximum forfeiture under sub. (1) (1r) shall
23be $15,000.
AB649-ASA1, s. 285 24Section 285. 196.795 (6m) (a) 4m. of the statutes is created to read:
AB649-ASA1,110,5
1196.795 (6m) (a) 4m. "Nonutility nuclear power plant" means a nonutility
2nuclear power plant, as defined in s. 196.491 (1) (i), that is located in the reliability
3council area and that is owned, operated, or controlled by an affiliated interest of a
4public utility. This subdivision takes effect on the date specified in the notice
5published under s. 196.493 (3) (b).
AB649-ASA1, s. 286 6Section 286. 196.795 (6m) (cm) of the statutes is created to read:
AB649-ASA1,110,127 196.795 (6m) (cm) Nonutility nuclear power plants. The assets of a nonutility
8nuclear power plant shall not be included in the sum of the assets of a public utility
9affiliate under par. (b) 1. a., b., or c. and shall not be included in a nonutility affiliate's
10total assets under par. (b) 2. a. if the requirements specified in s. 196.491 (3m) (a) 1.
11and 2. are satisfied. This paragraph takes effect on the date specified in the notice
12published under s. 196.493 (3) (b).
AB649-ASA1, s. 287 13Section 287. 196.795 (11) (b) of the statutes is amended to read:
AB649-ASA1,110,2414 196.795 (11) (b) This section shall be deemed to legalize and confirm the
15formation, prior to November 28, 1985, of any holding company, which is not itself
16a public utility, and shall be deemed to legalize and confirm the operations and
17issuances of securities of the holding company, except that nothing in this section
18shall be deemed to prevent the commission from imposing reasonable terms,
19limitations or conditions on any holding company which are consistent with the
20requirements of sub. (6m) (c) or to (d) or which are consistent with and necessary to
21satisfy the requirements of sub. (5) (b) to (o) and (q) to (s) or which relate to future
22investments by the holding company unless the holding company owns, operates,
23manages or controls a telecommunications utility and does not also own, operate,
24manage or control a public utility which is not a telecommunications utility.
AB649-ASA1, s. 288 25Section 288. 196.80 (1r) of the statutes is created to read:
AB649-ASA1,111,4
1196.80 (1r) (a) In this subsection, "nuclear power plant" means a nuclear power
2plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate
3of public convenience and necessity under s. 196.491 (3) on or after the date specified
4in the notice published under s. 196.493 (3) (b).
AB649-ASA1,111,85 (b) With the consent and approval of the commission but not otherwise an
6owner or operator of a nuclear power plant may sell, acquire, lease, or rent any
7nuclear power plant or property constituting an operating unit or system of a nuclear
8power plant.
AB649-ASA1, s. 289 9Section 289. 196.85 (1m) (a) of the statutes is amended to read:
AB649-ASA1,111,1710 196.85 (1m) (a) For the purpose of direct assessment under sub. (1) of expenses
11incurred by the commission in connection with its activities under s. 196.491, the
12term "public utility" includes electric utilities, as defined in s. 196.491 (1) (d).
13Subsection (1) (b) does not apply to assessments for the commission's activities under
14s. 196.491 related to the construction of wholesale merchant plants , as defined in s.
15196.491 (1) (w) or, beginning on the date specified in the notice published under s.
16196.493 (3) (b), related to the construction of nonutility nuclear power plants, as
17defined in s. 196.491 (1) (i)
.
AB649-ASA1, s. 290 18Section 290. 196.85 (1m) (e) of the statutes is created to read:
AB649-ASA1,111,2219 196.85 (1m) (e) For the purpose of direct assessment under sub. (1) of expenses
20incurred by the commission in connection with its activities under s. 196.374, the
21term "public utility" includes retail electric cooperatives, as defined in s. 196.374 (1)
22(L), and prime suppliers, as defined in s. 196.374 (1) (ig).
AB649-ASA1, s. 291 23Section 291. 285.60 (11) of the statutes is created to read:
AB649-ASA1,112,324 285.60 (11) Reducing greenhouse gas emissions. As part of its continual
25assessment under sub. (10) in 2010 and 2011, the department shall develop and

1implement measures to lessen permit obligations under this section and ss. 281.61
2to 281.65 for the construction, reconstruction, replacement, or modification of a
3stationary source if all of the following apply:
AB649-ASA1,112,54 (a) The owner or operator of the stationary source is not required to obtain a
5major source construction permit for the proposed project.
AB649-ASA1,112,76 (b) The construction, reconstruction, replacement, or modification would
7significantly reduce emissions of greenhouse gasses, as defined in s. 299.03 (1) (d).
AB649-ASA1,112,98 (c) The proposed project satisfies other requirements specified by the
9department by rule.
AB649-ASA1, s. 292 10Section 292. 292.75 (5) of the statutes is renumbered 292.75 (5) (a).
AB649-ASA1, s. 293 11Section 293. 292.75 (5) (a) 2m. of the statutes is created to read:
AB649-ASA1,112,1212 292.75 (5) (a) 2m. Whether the project is a qualifying project under sub. (5m).
AB649-ASA1, s. 294 13Section 294. 292.75 (5) (b) of the statutes is created to read:
AB649-ASA1,112,1614 292.75 (5) (b) The department may give greater weight to the criterion under
15par. (a) 2m. than to the other criteria under par. (a) in determining whether to award
16a grant.
AB649-ASA1, s. 295 17Section 295. 292.75 (5m) of the statutes is created to read:
AB649-ASA1,112,2118 292.75 (5m) Qualifying projects. A proposed project is a qualifying project for
19the purposes of subs. (5) (a) 2m. and (7) (b) if the project will result in a reduction of
20travel, energy use, or emissions of greenhouse gases, as defined in s. 299.03 (1) (d),
21or if one of the following applies:
AB649-ASA1,112,2522 (a) The eligible site or facility is located in an area that is designated for
23traditional neighborhood development, as defined in s. 66.1027 (1) (c), in a
24comprehensive plan adopted under s. 66.1001 and at least one of the following
25applies:
AB649-ASA1,112,26
11. The area is surrounded by or is adjacent to existing development.
AB649-ASA1,113,42 2. The area is within a sewer service territory in the sewer service area
3provisions of an areawide water quality management plan under s. 283.83 approved
4by the department.
AB649-ASA1,113,55 3. The area consists primarily of blighted properties.
AB649-ASA1,113,76 4. The area meets other criteria, specified by the department by rule, designed
7to ensure that the project reduces greenhouse gas emissions.
AB649-ASA1,113,108 (b) The city, village, town, or county in which the eligible site or facility is
9located has adopted the design standards under s. 101.027 (4) and the eligible site
10or facility is in an area that is subject to the design standards.
AB649-ASA1,113,1111 (c) All of the following apply:
AB649-ASA1,113,1612 1. The eligible site or facility is located in an area that is subject to either a
13charter under s. 299.83 (7e) issued to an association of entities that includes the city,
14village, town, or county in which the area is located or a participation contract under
15s. 299.83 (6) entered into by the city, village, town, or county in which the area is
16located.
AB649-ASA1,113,2217 2. The department determines, in consultation with the department of
18commerce, the department of administration, the public service commission, and the
19office of energy independence, that implementation of the charter or the
20participation contract is likely to result in significant reductions in emissions of
21greenhouse gases, as defined in s. 299.03 (1) (d), or in energy use by public or private
22entities within the city, village, town, or county.
AB649-ASA1,114,523 (d) The eligible site or facility is located in a city, village, town, or county that
24participates in tier I under s. 299.83 (3), the area in which the eligible site or facility
25is located is affected by the participation in tier I, and the department of natural

1resources determines, in consultation with the department of commerce, the
2department of administration, the public service commission, and the office of energy
3independence, that the participation in tier I is likely to result in significant
4reductions in emissions of greenhouse gases, as defined in s. 299.03 (1) (d), or in
5energy use by public or private entities within the city, village, town, or county.
AB649-ASA1, s. 296 6Section 296. 292.75 (7) of the statutes is renumbered 292.75 (7) (a) and
7amended to read:
AB649-ASA1,114,118 292.75 (7) (a) The Except as provided under par. (b), the department may not
9distribute a grant unless the applicant contributes matching funds equal to 20% 20
10percent
of the grant. Matching funds may be in the form of cash or in-kind
11contribution or both.
AB649-ASA1, s. 297 12Section 297. 292.75 (7) (b) of the statutes is created to read:
AB649-ASA1,114,1513 292.75 (7) (b) The department may promulgate a rule that specifies a minimum
14contribution of matching funds by an applicant that is less than 20 percent of a grant
15for a project if the project is a qualifying project under sub. (5m).
AB649-ASA1, s. 298 16Section 298. 299.03 of the statutes is created to read:
AB649-ASA1,114,17 17299.03 Greenhouse gas emission goals. (1) Definitions. In this section:
AB649-ASA1,114,2318 (a) "Annual net greenhouse gas emissions" means the amount of greenhouse
19gasses, measured as tons of carbon dioxide equivalent, emitted to the atmosphere by
20all sources and activities in this state in a year minus the amount of greenhouse
21gasses, measured as tons of carbon dioxide equivalent, removed from the atmosphere
22by all sources and activities , including by carbon sequestration, in this state in the
23year.
AB649-ASA1,115,224 (b) "Carbon dioxide equivalent" means the amount of carbon dioxide that has
25the equivalent radiative effect as a specified amount of a greenhouse gas, calculated

1by multiplying the specified amount of the greenhouse gas by its global warming
2potential.
AB649-ASA1,115,43 (bm) "Carbon sequestration" means the long-term storage of carbon in water
4bodies, soil, vegetation, or geologic formations.
AB649-ASA1,115,65 (c) "Global warming potential" means the relative radiative effect of a
6greenhouse gas compared to the radiative effect of carbon dioxide.
AB649-ASA1,115,97 (d) "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, sulphur
8hexafluoride, nitrogen trifluoride, a hydrofluorocarbon, a perfluorocarbon, or any
9other gas identified by the department under sub. (4).
AB649-ASA1,115,1110 (dm) "Radiative effect" means the capability of a gas in the atmosphere to
11absorb infrared radiation that is emitted from the earth's surface.
AB649-ASA1,115,1312 (e) "Renewable energy generation" means the generation of energy using a
13renewable resource, as defined in s. 196.374 (1) (j).
AB649-ASA1,115,1414 (f) "Zero net energy building" means one of the following:
AB649-ASA1,115,1615 1. A building that annually, based on a 3-year average, uses no more energy
16than is provided by on-site renewable energy generation.
AB649-ASA1,115,2017 2. One of 2 or more buildings that have an integrated system of energy supply
18and use and that together annually, based on a 3-year average, use no more energy
19than is provided by renewable energy generation that is part of the integrated
20system.
AB649-ASA1,115,23 21(2) Greenhouse gas emission reduction goals. (a) It is the goal of this state
22that annual net greenhouse gas emissions in 2014 are no greater than annual net
23greenhouse gas emissions in 2005.
AB649-ASA1,115,2524 (b) It is the goal of this state that annual net greenhouse gas emissions in 2022
25are at least 22 percent less than annual net greenhouse gas emissions in 2005.
AB649-ASA1,116,3
1(c) It is the goal of this state that annual net greenhouse gas emissions in 2050
2and each year thereafter are at least 75 percent less than annual net greenhouse gas
3emissions in 2005.
AB649-ASA1,116,54 (d) It is the goal of this state to make continuous progress in reducing net
5greenhouse gas emissions in order to achieve the goals in pars. (a), (b), and (c).
AB649-ASA1,116,8 6(3) New building energy use goal. It is the goal of this state that, by 2030, all
7newly constructed residential and commercial buildings are zero net energy
8buildings.
AB649-ASA1,116,12 9(3m) Statewide energy conservation goals. (a) Electricity. It is the goal of
10this state to reduce the statewide consumption of electricity in each year by an
11amount not less than the product of the public service commission's projection of the
12statewide consumption of electricity for the year and the following percentages:
AB649-ASA1,116,1313 1. In 2011, 1 percent.
AB649-ASA1,116,1414 2. In 2012, 1.25 percent.
AB649-ASA1,116,1515 3. In 2013, 1.5 percent.
AB649-ASA1,116,1616 4. In 2014, 1.75 percent.
AB649-ASA1,116,1717 5. In 2015 and each year thereafter, 2 percent.
AB649-ASA1,116,2118 (am) Small scale renewable facilities. It is the goal of this state that by 2025
19at least 1 percent of the renewable energy, as defined in s. 196.378 (1r) (fg), produced
20in this state annually is derived from renewable facilities, as defined in s. 196.378
21(1r) (g), that are designed for nominal operation at a capacity of 10 megawatts or less.
AB649-ASA1,117,222 (b) Liquified petroleum gas, heating oil, and natural gas. It is the goal of this
23state to reduce the statewide consumption of liquified petroleum gas, heating oil, and
24natural gas in each year by an amount not less than the product of the public service

1commission's projection of statewide consumption of liquified petroleum gas, heating
2oil, and natural gas for the year and the following percentages:
AB649-ASA1,117,33 1. In 2011, 0.5 percent.
AB649-ASA1,117,44 2. In 2012, 0.75 percent.
AB649-ASA1,117,55 3. In 2013 and each year thereafter, 1 percent.
AB649-ASA1,117,7 6(4) Rule making. The department may promulgate rules identifying additional
7gasses as greenhouse gasses.
AB649-ASA1,117,10 8(5) Information and analyses. (a) Emission and sequestration information.
9The department shall periodically collect or estimate information concerning all of
10the following:
AB649-ASA1,117,1311 1. Amounts of greenhouse gas emissions from sectors of this state's economy,
12including from stationary and mobile sources of greenhouse gas emissions, and from
13natural systems in this state associated with various types of land uses.
AB649-ASA1,117,1514 2. Amounts of carbon sequestered by natural systems in this state associated
15with various types of land uses.
AB649-ASA1,117,2216 (b) Comprehensive accounting system. 1. As part of its activities under par. (a),
17the department shall develop and maintain a comprehensive accounting system to
18estimate the net annual emissions of greenhouse gases from natural systems in this
19state in 2005 and changes in these emissions in subsequent years due to significant
20changes in land cover or in the management of land. The department shall ensure
21that the system identifies greenhouse gas emissions for at least agricultural,
22forestry, grassland, wetland, urban, and suburban land uses.
AB649-ASA1,118,223 2. The department shall design and operate the system under subd. 1. to
24produce statistically valid data, for use in each of the assessments under sub. (6), that
25can be used to estimate the emissions and changes in emissions specified in subd. 1.

1and to provide information for the smallest land areas consistent with economic
2practicality, but in no case larger than a county.
AB649-ASA1,118,43 3. The department shall include a land cover database in the system under
4subd. 1.
AB649-ASA1,118,85 4. The department may design and operate the system under subd. 1. to serve
6other purposes, including use in climate change programs related to public
7education, the management and supply of bioenergy feedstocks, and sustainable
8forest management.
AB649-ASA1,118,149 (c) Inventories and analyses. The department shall periodically prepare
10inventories and analyses of the information collected or estimated under par. (a) that
11include inventories of greenhouse gas emissions from man-made sources in 2005
12and of net greenhouse gas emissions from natural systems in 2005 and trends in
13greenhouse gas emissions from man-made sources and of net greenhouse gas
14emissions from natural systems adjusted for all of the following:
AB649-ASA1,118,1615 1. Meteorological, economic, and other variable factors that cause significant
16deviations from normal trends.
AB649-ASA1,118,1817 2. Changes in energy use, fuel composition, and other factors likely to
18permanently affect future emissions, or sequestration, of greenhouse gases.
AB649-ASA1,118,2519 (d) Emission reporting requirements. 1. The department shall promulgate a
20rule to revise the air contaminant emissions reporting requirements under ss. 285.17
21and 299.15 (1) and (2) in effect on the effective date of this subdivision .... [LRB
22inserts date], to set the reporting level for carbon dioxide at 10,000 tons per year and
23to require a person owning or operating a stationary source who is required to report
24carbon dioxide emissions to also report methane and nitrous oxide emissions from
25the combustion of a solid, liquid, or gaseous fuel.
AB649-ASA1,119,2
12. After it complies with subd. 1., the department may promulgate a rule that
2modifies the reporting requirements described in subd. 1.
AB649-ASA1,119,3 3(5m) Emissions from transportation use. (a) In this subsection:
AB649-ASA1,119,54 1. "Metropolitan planning organization" has the meaning given in 23 USC 134
5(b) (2).
AB649-ASA1,119,76 2. "Transportation use" does not include the construction or maintenance of
7vehicles or of infrastructure related to any mode of transportation.
AB649-ASA1,119,108 (b) The department of natural resources and the department of transportation
9jointly, with the assistance of metropolitan planning organizations, shall do all of the
10following:
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