Amendment ASA1-AB649

AB649-ASA1,114,5 (d) The eligible site or facility is located in a city, village, town, or county that participates in tier I under s. 299.83 (3), the area in which the eligible site or facility 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, as defined in s. 299.03 (1) (d), or in energy use by public or private entities within the city, village, town, or county.

AB649-ASA1, s. 296 Section 296. 292.75 (7) of the statutes is renumbered 292.75 (7) (a) and amended to read:

AB649-ASA1,114,11 292.75 (7) (a) The Except as provided under par. (b), the department may not distribute a grant unless the applicant contributes matching funds equal to 20% 20 percent of the grant. Matching funds may be in the form of cash or in-kind contribution or both.

AB649-ASA1, s. 297 Section 297. 292.75 (7) (b) of the statutes is created to read:

AB649-ASA1,114,15 292.75 (7) (b) The department may promulgate a rule that specifies a minimum contribution of matching funds by an applicant that is less than 20 percent of a grant for a project if the project is a qualifying project under sub. (5m).

AB649-ASA1, s. 298 Section 298. 299.03 of the statutes is created to read:

AB649-ASA1,114,17 299.03 Greenhouse gas emission goals. (1) Definitions. In this section:

AB649-ASA1,114,23 (a) "Annual net greenhouse gas emissions" means the amount of greenhouse gasses, measured as tons of carbon dioxide equivalent, emitted to the atmosphere by all sources and activities in this state in a year minus the amount of greenhouse gasses, measured as tons of carbon dioxide equivalent, removed from the atmosphere by all sources and activities , including by carbon sequestration, in this state in the year.

AB649-ASA1,115,2 (b) "Carbon dioxide equivalent" means the amount of carbon dioxide that has the equivalent radiative effect as a specified amount of a greenhouse gas, calculated by multiplying the specified amount of the greenhouse gas by its global warming potential.

AB649-ASA1,115,4 (bm) "Carbon sequestration" means the long-term storage of carbon in water bodies, soil, vegetation, or geologic formations.

AB649-ASA1,115,6 (c) "Global warming potential" means the relative radiative effect of a greenhouse gas compared to the radiative effect of carbon dioxide.

AB649-ASA1,115,9 (d) "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, sulphur hexafluoride, nitrogen trifluoride, a hydrofluorocarbon, a perfluorocarbon, or any other gas identified by the department under sub. (4).

AB649-ASA1,115,11 (dm) "Radiative effect" means the capability of a gas in the atmosphere to absorb infrared radiation that is emitted from the earth's surface.

AB649-ASA1,115,13 (e) "Renewable energy generation" means the generation of energy using a renewable resource, as defined in s. 196.374 (1) (j).

AB649-ASA1,115,14 (f) "Zero net energy building" means one of the following:

AB649-ASA1,115,16 1. A building that annually, based on a 3-year average, uses no more energy than is provided by on-site renewable energy generation.

AB649-ASA1,115,20 2. One of 2 or more buildings that have an integrated system of energy supply and use and that together annually, based on a 3-year average, use no more energy than is provided by renewable energy generation that is part of the integrated system.

AB649-ASA1,115,23 (2) Greenhouse gas emission reduction goals. (a) It is the goal of this state that annual net greenhouse gas emissions in 2014 are no greater than annual net greenhouse gas emissions in 2005.

AB649-ASA1,115,25 (b) It is the goal of this state that annual net greenhouse gas emissions in 2022 are at least 22 percent less than annual net greenhouse gas emissions in 2005.

AB649-ASA1,116,3 (c) It is the goal of this state that annual net greenhouse gas emissions in 2050 and each year thereafter are at least 75 percent less than annual net greenhouse gas emissions in 2005.

AB649-ASA1,116,5 (d) It is the goal of this state to make continuous progress in reducing net greenhouse gas emissions in order to achieve the goals in pars. (a), (b), and (c).

AB649-ASA1,116,8 (3) New building energy use goal. It is the goal of this state that, by 2030, all newly constructed residential and commercial buildings are zero net energy buildings.

AB649-ASA1,116,12 (3m) Statewide energy conservation goals. (a) Electricity. It is the goal of this state to reduce the statewide consumption of electricity in each year by an amount not less than the product of the public service commission's projection of the statewide consumption of electricity for the year and the following percentages:

AB649-ASA1,116,13 1. In 2011, 1 percent.

AB649-ASA1,116,14 2. In 2012, 1.25 percent.

AB649-ASA1,116,15 3. In 2013, 1.5 percent.

AB649-ASA1,116,16 4. In 2014, 1.75 percent.

AB649-ASA1,116,17 5. In 2015 and each year thereafter, 2 percent.

AB649-ASA1,116,21 (am) Small scale renewable facilities. It is the goal of this state that by 2025 at least 1 percent of the renewable energy, as defined in s. 196.378 (1r) (fg), produced in this state annually is derived from renewable facilities, as defined in s. 196.378 (1r) (g), that are designed for nominal operation at a capacity of 10 megawatts or less.

AB649-ASA1,117,2 (b) Liquified petroleum gas, heating oil, and natural gas. It is the goal of this state to reduce the statewide consumption of liquified petroleum gas, heating oil, and natural gas in each year by an amount not less than the product of the public service commission's projection of statewide consumption of liquified petroleum gas, heating oil, and natural gas for the year and the following percentages:

AB649-ASA1,117,3 1. In 2011, 0.5 percent.

AB649-ASA1,117,4 2. In 2012, 0.75 percent.

AB649-ASA1,117,5 3. In 2013 and each year thereafter, 1 percent.

AB649-ASA1,117,7 (4) Rule making. The department may promulgate rules identifying additional gasses as greenhouse gasses.

AB649-ASA1,117,10 (5) Information and analyses. (a) Emission and sequestration information. The department shall periodically collect or estimate information concerning all of the following:

AB649-ASA1,117,13 1. Amounts of greenhouse gas emissions from sectors of this state's economy, including from stationary and mobile sources of greenhouse gas emissions, and from natural systems in this state associated with various types of land uses.

AB649-ASA1,117,15 2. Amounts of carbon sequestered by natural systems in this state associated with various types of land uses.

AB649-ASA1,117,22 (b) Comprehensive accounting system. 1. As part of its activities under par. (a), the department shall develop and maintain a comprehensive accounting system to estimate the net annual emissions of greenhouse gases from natural systems in this state in 2005 and changes in these emissions in subsequent years due to significant changes in land cover or in the management of land. The department shall ensure that the system identifies greenhouse gas emissions for at least agricultural, forestry, grassland, wetland, urban, and suburban land uses.

AB649-ASA1,118,2 2. The department shall design and operate the system under subd. 1. to produce statistically valid data, for use in each of the assessments under sub. (6), that can be used to estimate the emissions and changes in emissions specified in subd. 1. and to provide information for the smallest land areas consistent with economic practicality, but in no case larger than a county.

AB649-ASA1,118,4 3. The department shall include a land cover database in the system under subd. 1.

AB649-ASA1,118,8 4. The department may design and operate the system under subd. 1. to serve other purposes, including use in climate change programs related to public education, the management and supply of bioenergy feedstocks, and sustainable forest management.

AB649-ASA1,118,14 (c) Inventories and analyses. The department shall periodically prepare inventories and analyses of the information collected or estimated under par. (a) that include inventories of greenhouse gas emissions from man-made sources in 2005 and of net greenhouse gas emissions from natural systems in 2005 and trends in greenhouse gas emissions from man-made sources and of net greenhouse gas emissions from natural systems adjusted for all of the following:

AB649-ASA1,118,16 1. Meteorological, economic, and other variable factors that cause significant deviations from normal trends.

AB649-ASA1,118,18 2. Changes in energy use, fuel composition, and other factors likely to permanently affect future emissions, or sequestration, of greenhouse gases.

AB649-ASA1,118,25 (d) Emission reporting requirements. 1. The department shall promulgate a rule to revise the air contaminant emissions reporting requirements under ss. 285.17 and 299.15 (1) and (2) in effect on the effective date of this subdivision .... [LRB inserts date], to set the reporting level for carbon dioxide at 10,000 tons per year and to require a person owning or operating a stationary source who is required to report carbon dioxide emissions to also report methane and nitrous oxide emissions from the combustion of a solid, liquid, or gaseous fuel.

AB649-ASA1,119,2 2. After it complies with subd. 1., the department may promulgate a rule that modifies the reporting requirements described in subd. 1.

AB649-ASA1,119,3 (5m) Emissions from transportation use. (a) In this subsection:

AB649-ASA1,119,5 1. "Metropolitan planning organization" has the meaning given in 23 USC 134 (b) (2).

AB649-ASA1,119,7 2. "Transportation use" does not include the construction or maintenance of vehicles or of infrastructure related to any mode of transportation.

AB649-ASA1,119,10 (b) The department of natural resources and the department of transportation jointly, with the assistance of metropolitan planning organizations, shall do all of the following:

AB649-ASA1,119,15 1. Periodically estimate annual amounts of greenhouse gas emissions generated by transportation use in this state, by mode of transportation, and predict amounts of greenhouse gas emissions that will be generated by transportation use in this state, by mode of transportation, 5, 10, and 15 years after the year for which the estimate is made.

AB649-ASA1,119,20 2. Base the estimate and predictions under subd. 1. on transportation plans of this state and metropolitan planning organizations, state and federal laws, trends in the use of each mode of transportation, other factors used in emission modeling conducted for the purpose of preparing state implementation plans under 42 USC 7410, and other relevant factors identified by the departments.

AB649-ASA1,119,22 3. Select the most appropriate method for making the estimate and predictions under subd. 1.

AB649-ASA1,119,25 4. No later than July 1, 2011, and every 2 years thereafter, submit a report on the estimates and predictions under subd. 1. to the climate change coordinating council.

AB649-ASA1,120,3 (c) The department of transportation shall make available on its Internet site the reports under par. (b) 4. or a link to those reports on the Internet site under sub. (10).

AB649-ASA1,120,9 (6) Quadrennial assessment. No later than March 1, 2014, and every 4 years thereafter, the department shall prepare an assessment of the changes in net greenhouse gas emissions in this state and of public and private climate change goals and programs, based on the inventories and analyses under sub. (5) (c) and other relevant information. In the assessment, the department shall address at least all of the following:

AB649-ASA1,120,11 (a) Whether this state is achieving the applicable greenhouse gas emission reduction goal under sub. (2) (a), (b), or (c).

AB649-ASA1,120,13 (b) Whether this state is making continuous progress in reducing net greenhouse gas emissions in accordance with the goal in sub. (2) (d).

AB649-ASA1,120,16 (c) If this state is not achieving the applicable greenhouse gas emission reduction goal or is not likely to achieve its future greenhouse gas emission reduction goals, proposals for alternative programs for meeting the goals.

AB649-ASA1,120,20 (d) Whether any state or local governmental climate change goal or nonregulatory program should be modified to make the program more effective at reducing net greenhouse gas emissions or mitigating the effects of climate change or less costly to implement.

AB649-ASA1,120,24 (e) Whether any state or local governmental climate change goal or nonregulatory program should be modified or created to respond to a new federal initiative relating to climate change or a new scientific understanding of climate change processes or effects.

AB649-ASA1,121,3 (f) Estimates of the likely reductions in net greenhouse gas emissions and of the effects on energy use in this state and on the state's economy associated with each new program or program change analyzed under pars. (c) to (e).

AB649-ASA1,121,6 (7) Consultation and assistance. (a) The department shall consult with the climate change coordinating council in fulfilling its duties under subs. (4), (5), and (6).

AB649-ASA1,121,8 (b) Other state agencies shall assist the department to the fullest extent possible in fulfilling its duties under subs. (4), (5), (6), and (10).

AB649-ASA1,121,10 (8) Public review. The department shall provide an opportunity for public review and comment on all of the following:

AB649-ASA1,121,11 (a) The inventories under sub. (5) (c).

AB649-ASA1,121,13 (b) The methodologies used under sub. (6) to estimate the effects of policies and other factors on changes in net emissions of greenhouse gases.

AB649-ASA1,121,14 (c) The assessments under sub. (6).

AB649-ASA1,121,17 (9) Policy review and report. (a) No later than June 1, 2014, and every 4 years thereafter, the climate change coordinating council shall submit a report to the legislature, under s. 13.172 (2), and to the governor on all of the following:

AB649-ASA1,121,23 1. Whether this state is achieving the applicable greenhouse gas emission reduction goal in sub. (2) (a), (b), or (c), whether the state is making continuous progress in reducing net greenhouse gas emissions in accordance with sub. (2) (d), and whether this state is likely to achieve its future greenhouse gas emission reduction goals in sub. (2) and, if not, recommended changes in programs needed to achieve the goals.

AB649-ASA1,121,25 2. Other recommended changes in state and local governmental climate change goals and programs.

AB649-ASA1,122,3 3. The likely reductions in net greenhouse gas emissions and effects on energy use in this state and on the state's economy associated with each program change recommended under subds. 1. and 2.

AB649-ASA1,122,5 4. Whether any climate change goals should be modified and whether any new climate change goals should be created.

AB649-ASA1,122,10 (b) The climate change coordinating council shall base its report under par. (a) on the assessment under sub. (6) and other information received by the council and shall include in the report a summary of the assessments and reports related to climate change that state agencies are required to submit to the department or the council.

AB649-ASA1,122,16 (10) Internet site. (a) The department, in consultation with the climate change coordinating council, and the administrator of the statewide energy efficiency and renewable resource programs under s. 196.374 (2) (a) 1., and other appropriate public and private entities providing educational and training programs on climate change to the public shall establish and maintain an Internet site on climate change.

AB649-ASA1,122,18 (b) The department shall make all of the following available on the Internet site under par. (a):

AB649-ASA1,122,19 1. The information under sub. (5) (a).

AB649-ASA1,122,20 2. The inventories and analyses under sub. (5) (c).

AB649-ASA1,122,21 3. The assessments under sub. (6).

AB649-ASA1,122,22 4. The reports under sub. (9).

AB649-ASA1,122,24 5. The assessments and reports related to climate change that state agencies are required to submit to the department or the climate change coordinating council.

AB649-ASA1, s. 299 Section 299. 299.035 of the statutes is created to read:

AB649-ASA1,123,2 299.035 Climate change coordinating council. (1) Definition. In this section, "council" means the climate change coordinating council.

AB649-ASA1,123,3 (2) Duties. (a) The council shall prepare reports under s. 299.03 (9).

AB649-ASA1,123,5 (b) The council shall assist state agencies in improving and coordinating their programs relating to climate change.

AB649-ASA1,123,11 (c) The council, in consultation with the administrator of the statewide energy efficiency and renewable resource programs under s. 196.374 (2) (a) 1., and other appropriate public and private entities providing educational and training programs on climate change to the public, shall promote and coordinate state educational and training programs related to climate change, including programs that provide information on all of the following:

AB649-ASA1,123,13 1. State goals for the reduction of net greenhouse gas emissions and other related state goals for reducing the consumption of fossil fuels.

AB649-ASA1,123,15 2. Assessments, under s. 299.03 (6) and (9), of changes in net greenhouse gas emissions in this state and of state climate change goals and programs.

AB649-ASA1,123,18 3. Activities by state agencies to meet goals for the reductions of their greenhouse gas emissions and to meet their related goals for energy efficiency and the use of energy derived from renewable sources.