Amendment ASA1-AB649

AB649-ASA1,28,24 1. Study whether current and projected markets for bioenergy feedstocks and state and federal programs in effect on the effective date of this subdivision .... [LRB inserts date], provide adequate financial incentives to prompt producers of bioenergy feedstocks to sustainably produce a supply of biomass that, as a result of the use of that biomass as bioenergy feedstocks, will significantly contribute to the achievement of the state greenhouse gas emission reduction goals established under s. 299.03 (2).

AB649-ASA1,29,6 2. Study whether current and projected markets and state and federal programs in effect on the effective date of this subdivision .... [LRB inserts date], provide adequate financial incentives to prompt entities to engage in sustainable forestry, carbon sequestration, and biomass and agricultural production practices in this state that will significantly contribute to the achievement of the state greenhouse gas emission reduction goals established under s. 299.03 (2).

AB649-ASA1,29,7 3. Prepare reports on the studies required under subds. 1. and 2.

AB649-ASA1,29,15 (b) The department of agriculture, trade and consumer protection and the department of natural resources shall prepare the studies required under this subsection in consultation with the office of energy independence in the department of administration, the public service commission, the University of Wisconsin System, the administrator of the statewide energy efficiency and renewable resource programs under s. 196.374 (2) (a) 1., representatives of natural resources and environmental organizations, and representatives of sectors of the economy in this state that are affected by the programs.

AB649-ASA1,30,5 (3) (a) If, after conducting the study under sub. (2) (a) 1., the department of agriculture, trade and consumer protection and the department of natural resources determine that the financial incentives under state and federal law are inadequate to prompt producers of bioenergy feedstocks to sustainably produce a supply of biomass that will significantly contribute to the achievement of the state greenhouse gas emission reduction goals established under s. 299.03 (2), and that additional financial incentives are warranted, the department of agriculture, trade and consumer protection and the department of natural resources shall recommend changes to improve the effectiveness of financial incentives under existing state programs and propose new legislation offering additional financial incentives to prompt bioenergy feedstock producers to sustainably produce additional biomass in order to help achieve the state greenhouse gas emission reduction goals. The department of agriculture, trade and consumer protection and the department of natural resources shall consider all of the following when making the recommendations required under this paragraph:

AB649-ASA1,30,7 1. Methods to reduce financial risks of bioenergy feedstock producers, such as loan guarantees and insurance.

AB649-ASA1,30,11 2. Expansion of a cap and trade program or a voluntary greenhouse gas emission reduction offset program to create credits for producers of bioenergy feedstocks who reduce greenhouse gas emissions during the production of bioenergy feedstocks by adopting appropriate management practices.

AB649-ASA1,30,14 3. Expansion of the renewable resource credits created under s. 196.378 (3) (a) 1. to authorize the creation of credits from the production or generation of nonelectric energy, as defined in s. 196.378 (1r) (dm), that is produced or generated from biomass.

AB649-ASA1,31,5 (b) If, after conducting the study under sub. (2) (a) 2., the department of agriculture, trade and consumer protection and the department of natural resources determine that financial incentives under state and federal law are inadequate to prompt entities to engage in sustainable forestry, carbon sequestration, and biomass and agricultural production practices in this state that will significantly contribute to the achievement of the state greenhouse gas emission reduction goals established under s. 299.03 (2), and that additional financial incentives are warranted, the department of agriculture, trade and consumer protection and the department of natural resources shall recommend changes to improve the effectiveness of financial incentives under existing state programs and propose new legislation offering additional financial incentives to prompt entities to engage in sustainable forestry, carbon sequestration, and biomass and agricultural production practices in order to help achieve the state greenhouse gas emission reduction goals. The department of agriculture, trade and consumer protection and the department of natural resources shall consider all of the following when making the recommendations required under this paragraph:

AB649-ASA1,31,8 1. Methods to reduce financial risks of entities engaged in sustainable forestry, carbon sequestration, and biomass and agricultural production practices, such as loan guarantees and insurance.

AB649-ASA1,31,12 2. Expansion of a cap and trade program or a voluntary greenhouse gas emission reduction offset program to create credits for entities who engage in sustainable forestry, carbon sequestration, and biomass and agricultural production practices who reduce greenhouse gas emissions as a result of such practices.

AB649-ASA1,31,16 3. Expansion of the renewable resource credits created under s. 196.378 (3) (a) 1. to authorize the creation of credits from the amount of greenhouse gas reductions occurring from sustainable forestry, carbon sequestration, and biomass and agricultural production practices.

AB649-ASA1,31,21 (c) No later than July 1, 2013, the department of agriculture, trade and consumer protection and the department of natural resources shall submit a report on the studies required under sub. (2) together with any recommended changes to current law or recommended new legislation proposed under par. (a) or (b) to the climate change coordinating council.

AB649-ASA1, s. 45 Section 45. 101.02 (22m) of the statutes is created to read:

AB649-ASA1,32,2 101.02 (22m) The department shall inform owners of construction sites of their responsibilities under s. 346.947 (7). The department may fulfill this duty by any reasonable means, including notice on any applicable form prepared by the department.

AB649-ASA1, s. 46 Section 46. 101.02 (23) of the statutes is created to read:

AB649-ASA1,32,7 101.02 (23) No later than July 1, 2013, and at least every 4 years thereafter, the department shall prepare and provide to the department of natural resources an assessment of progress toward meeting the new building energy use goal in s. 299.03 (3).

AB649-ASA1, s. 47 Section 47. 101.027 (1) of the statutes is renumbered 101.027 (1m) and amended to read:

AB649-ASA1,32,15 101.027 (1m) In this section, "energy conservation code" means the The department shall, by rule, promulgate an energy conservation code promulgated by the department that sets minimum design requirements standards for construction and equipment for the purpose of energy conservation in public buildings and places of employment. Except as provided in sub. (1r), the rules shall conform to the energy design standards contained in a generally accepted code.

AB649-ASA1, s. 48 Section 48. 101.027 (1g) of the statutes is created to read:

AB649-ASA1,32,22 101.027 (1g) In this section, "generally accepted code" means the International Energy Conservation Code or an energy efficiency code that provides at least as great an energy conservation benefit as the energy design standards contained in the International Energy Conservation Code and that is generally accepted and used by architects, engineers, and the construction industry in the construction of public buildings and places of employment.

AB649-ASA1, s. 49 Section 49. 101.027 (1r) of the statutes is created to read:

AB649-ASA1,33,2 101.027 (1r) (a) The department may set particular design standards that are less strict than those contained in the generally accepted code used by the department to promulgate the energy conservation code under sub. (1m) if all of the following apply:

AB649-ASA1,33,4 1. Application of the generally accepted code is unreasonably burdensome because of specific conditions existing in this state.

AB649-ASA1,33,6 2. The less strict standards provide the greatest energy conservation benefits that are consistent with the specific conditions.

AB649-ASA1,33,13 (b) The department may set particular design standards that are stricter than those contained in the generally accepted code used by the department to promulgate the energy conservation code under sub. (1m) if the department takes into account the cost of complying with the stricter standards in relationship to the benefits derived from complying with the stricter standards, including the reasonably foreseeable economic and environmental benefits to this state from any reduction in the use of fossil fuel and in emissions of greenhouse gasses.

AB649-ASA1, s. 50 Section 50. 101.027 (2) of the statutes is amended to read:

AB649-ASA1,34,5 101.027 (2) The department shall review the energy conservation code promulgated under sub. (1m), and shall, subject to the requirements of sub. (1r), promulgate rules that change the requirements of the energy conservation code to improve energy conservation. No rule may be promulgated that has not taken into account the cost of the energy conservation code requirement, as changed by the rule, in relationship to the benefits derived from that requirement, including the reasonably foreseeable economic and environmental benefits to the state from any reduction in the use of imported fossil fuel. The proposed rules changing the energy conservation code shall be submitted to the legislature in the manner provided under s. 227.19. In conducting a review under this subsection, the department shall consider incorporating, into the energy conservation code, design requirements from the most current national energy efficiency design standards, including the International Energy Conservation Code or an energy efficiency code other than the International Energy Conservation Code if that energy efficiency code is used to prescribe design requirements for the purpose of conserving energy in buildings and is generally accepted and used by engineers and the construction industry.

AB649-ASA1, s. 51 Section 51. 101.027 (3) (a) 1. of the statutes is amended to read:

AB649-ASA1,34,9 101.027 (3) (a) 1. A revision of the International Energy Conservation Code generally accepted code used by the department to promulgate the energy efficiency code under sub. (1m) is published.

AB649-ASA1, s. 52 Section 52. 101.027 (3) (b) 1. of the statutes is amended to read:

AB649-ASA1,34,18 101.027 (3) (b) 1. If the department begins a review under sub. (2) because a revision of the International Energy Conservation Code generally accepted code used by the department to promulgate the energy efficiency code under sub. (1m) is published, the department shall complete its review of the energy conservation code, as defined in sub. (1), and submit to the legislature proposed rules changing the energy conservation code, as defined in sub. (1), no later than 18 months after the date on which the revision of the International Energy Conservation Code generally accepted code is published.

AB649-ASA1, s. 53 Section 53. 101.027 (4) of the statutes is created to read:

AB649-ASA1,35,13 101.027 (4) The department shall promulgate rules that set voluntary design standards for the purpose of reducing the environmental impact of constructing, maintaining, and using public buildings and places of employment. The department shall base the design standards on standards jointly established by the American National Standards Institute, the American Society of Heating, Refrigerating and Air Conditioning Engineers, the U.S. Green Building Council, and the Illuminating Engineering Society of North America or on similar standards that are generally accepted and used by architects, engineers, and the construction industry in the construction of public buildings and places of employment if the similar standards provide benefits in reducing the environmental impact of constructing, maintaining, and using public buildings and places of employment that are at least as great as the benefits provided in the jointly established standards. The department shall promulgate rules under this subsection that set design standards that provide significantly greater energy conservation benefits than those provided by the design standards contained in the energy conservation code under sub. (1m). Notwithstanding s. 101.02 (7) (a), no county, city, village, or town may enact any ordinance or adopt any regulation that requires compliance with the voluntary design standards set by the department under rules promulgated under this subsection.

AB649-ASA1, s. 54 Section 54. 101.028 of the statutes is created to read:

AB649-ASA1,35,20 101.028 Agricultural building code. The department shall, by rule, promulgate an energy conservation code that sets minimum design standards for agricultural facilities. The department shall define, for purposes of that code, "agricultural facility," which shall include a barn and a milking parlor. The department shall consult with the department of agriculture, trade and consumer protection before promulgating rules under this section.

AB649-ASA1, s. 55 Section 55. 101.62 of the statutes is amended to read:

AB649-ASA1,36,11 101.62 Dwelling code council; power. The dwelling code council shall review the standards and rules for one- and 2-family dwelling construction and recommend a uniform dwelling code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings, consistent with the requirements of s. 101.63 (1m), and for costs of specific code provisions to home buyers to be related to the benefits derived from such provisions. The council shall study the need for and availability of one-family and 2-family dwellings that are accessible to persons with disabilities, as defined in s. 106.50 (1m) (g), and shall make recommendations to the department for any changes to the uniform dwelling code that may be needed to ensure an adequate supply of one-family and 2-family dwellings. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall recommend variances for different climate and soil conditions throughout the state.

AB649-ASA1, s. 56 Section 56. 101.63 (1) (intro.) of the statutes is amended to read:

AB649-ASA1,36,22 101.63 (1) (intro.) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 254.61 (1), except that the rules apply to all of the following:

AB649-ASA1, s. 57 Section 57. 101.63 (1m) of the statutes is created to read:

AB649-ASA1,37,4 101.63 (1m) (a) In this subsection, "generally accepted code" means the International Energy Conservation Code or an energy efficiency code that provides at least as great an energy conservation benefit as the energy design standards contained in the International Energy Conservation Code and that is generally accepted and used by architects, engineers, and the construction industry in the construction of one- and 2-family dwellings.

AB649-ASA1,37,11 (b) The department shall, by rule, promulgate an energy conservation code that sets minimum design standards for construction and equipment for the purpose of energy conservation in one- and 2-family dwellings. In promulgating the rules the department shall ensure that the minimum design standards are appropriate to specific conditions existing in this state and shall consider incorporating into the rules, subject to the requirements under pars. (c) and (d), the energy design standards contained in a generally accepted code.

AB649-ASA1,37,14 (c) Before the department may set particular design standards that are less strict than those contained in a generally accepted code, it shall consider all of the following:

AB649-ASA1,37,16 1. Whether application of a generally accepted code is unreasonably burdensome because of specific conditions existing in this state.

AB649-ASA1,37,18 2. Whether the less strict standards provide the greatest energy conservation benefits that are consistent with the specific conditions.

AB649-ASA1,37,24 (d) The department may set particular design standards that are stricter than those contained in a generally accepted code if the department takes into account the cost of complying with the stricter standards in relationship to the benefits derived from complying with the stricter standards, including the reasonably foreseeable economic and environmental benefits to this state from any reduction in the use of fossil fuel and in emissions of greenhouse gasses.

AB649-ASA1,38,4 (e) The department shall review the energy conservation code promulgated under par. (b), and shall, subject to the requirements of pars. (c) and (d), promulgate rules that change the requirements of the energy conservation code to improve energy conservation.

AB649-ASA1,38,6 (f) The department shall begin a review under par. (e) whenever one of the following occurs:

AB649-ASA1,38,8 1. A revision of the generally accepted code used by the department to promulgate the energy conservation code under par. (b) is published.

AB649-ASA1,38,10 2. Three years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code.

AB649-ASA1,38,11 (g) The department shall complete a review under par. (e) as follows:

AB649-ASA1,38,17 1. If the department begins a review under par. (e) because a revision of the generally accepted code used by the department to promulgate the energy conservation code under par. (b) is published, the department shall complete its review of the energy conservation code and submit to the legislature proposed rules changing the energy conservation code no later than 18 months after the date on which the revision of the generally accepted code is published.

AB649-ASA1,38,23 2. If the department begins a review under par. (e) because 3 years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code, the department shall complete its review of the energy conservation code and submit to the legislature proposed rules changing the energy conservation code no later than 9 months after the last day of the 3-year period.

AB649-ASA1, s. 58 Section 58. 101.80 (1j) of the statutes is amended to read:

AB649-ASA1,39,3 101.80 (1j) "Electricity provider" means a public utility, an electric cooperative, or a wholesale merchant plant operator, or, beginning on the date specified in the notice published under s. 196.493 (3) (b), a nonutility nuclear power plant operator.

AB649-ASA1, s. 59 Section 59. 101.80 (2m) of the statutes is created to read:

AB649-ASA1,39,7 101.80 (2m) "Nonutility nuclear power plant operator" means the operator of a nonutility nuclear power plant, as defined in s. 196.491 (1) (i). This subsection takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 60 Section 60. 196.025 (1) (ag) 1. of the statutes is renumbered 196.025 (1) (ag) 1r.

AB649-ASA1, s. 61 Section 61. 196.025 (1) (ag) 1g. of the statutes is created to read:

AB649-ASA1,39,12 196.025 (1) (ag) 1g. "Municipal utility" has the meaning given in s. 16.957 (1) (q).

AB649-ASA1, s. 62 Section 62. 196.025 (1) (b) 1. of the statutes is renumbered 196.025 (1) (b) 1. (intro.) and amended to read:

AB649-ASA1,39,19 196.025 (1) (b) 1. (intro.) In a proceeding in which an investor-owned electric public utility is a party, the commission shall not order or otherwise impose energy conservation or efficiency requirements on the investor-owned electric public utility if the commission has fulfilled all of its duties under s. 196.374 and the investor-owned any of the following is satisfied:

AB649-ASA1,39,21 a. The electric public utility has satisfied the requirements of s. 196.374 for the year prior to commencement of the proceeding, as specified in s. 196.374 (8) (d).

AB649-ASA1, s. 63 Section 63. 196.025 (1) (b) 1. b. of the statutes is created to read:

AB649-ASA1,40,3 196.025 (1) (b) 1. b. If the electric public utility is a municipal utility, the commission determines under s. 196.374 (8) that the electric public utility has, on average over the 4 years preceding the commencement of the proceeding, met, in the aggregate, the goals established under s. 196.374 (3) (bn) 1. f. for the electric public utility or the commission determines that the electric public utility has made a good faith effort to meet the goals during such 4-year period.

AB649-ASA1, s. 64 Section 64. 196.025 (1) (b) 2. of the statutes is amended to read:

AB649-ASA1,40,19 196.025 (1) (b) 2. In a proceeding in which a wholesale supplier that has accepted an assignment from a municipal utility or retail electric cooperative under s. 196.374 (7) (bg) is a party, the commission shall not order or otherwise impose energy conservation or efficiency requirements on the wholesale supplier or any municipal utility or retail electric cooperative that made the assignment if the commission has fulfilled all of its duties under s. 196.374 and the wholesale supplier's members are in the aggregate substantially in compliance with s. 196.374 (7) commission determines under s. 196.374 (8) that the wholesale supplier or all municipal utilities or retail electric cooperatives from which the wholesale supplier has accepted assignment have, on average over the 4 years preceding the commencement of the proceeding, met, in the aggregate, the goals established under s. 196.374 (3) (bn) 1. f. for the municipal utilities or retail electric cooperatives or the commission determines that the wholesale supplier, municipal utilities, or retail electric cooperatives have made a good faith effort to meet the goals during such 4-year period.

AB649-ASA1, s. 65 Section 65. 196.025 (1) (c) 1. of the statutes is amended to read:

AB649-ASA1,41,3 196.025 (1) (c) 1. In a proceeding in which an investor-owned electric public utility is a party, the commission shall not order or otherwise impose any renewable resource requirements on the investor-owned electric public utility if the commission has fulfilled all of its duties under s. 196.378 and the commission has informed the utility under s. 196.378 (2) (c) 2. that, with respect to the most recent report submitted under s. 196.378 (2) (c) 1., the utility is in compliance with the requirements of s. 196.378 (2) (a) 2. This subdivision does not limit the authority of the commission to enforce a public utility's obligations under s. 196.374.

AB649-ASA1, s. 66 Section 66. 196.025 (1) (c) 2. of the statutes is amended to read:

AB649-ASA1,41,9 196.025 (1) (c) 2. In a proceeding in which a wholesale supplier is a party, the commission shall not order or otherwise impose any renewable resource requirements on the wholesale supplier if the commission has fulfilled all of its duties under s. 196.378 and the wholesale supplier's members or customers are in the aggregate substantially in compliance with s. 196.378 (2).

AB649-ASA1, s. 67 Section 67. 196.025 (1) (c) 3. of the statutes is created to read:

AB649-ASA1,41,14 196.025 (1) (c) 3. The commission shall give priority in the scheduling of its business to the consideration of applications for a certificate of authority under s. 196.49, or a certificate of public convenience and necessity under s. 196.491 (3), for a proposed renewable facility, as defined in s. 196.378 (1r) (g).

AB649-ASA1, s. 68 Section 68. 196.025 (2m) (c) of the statutes is amended to read:

AB649-ASA1,42,2 196.025 (2m) (c) Paragraph (b) does not waive any duty of the commission or the department to comply with s. 1.11 or to take any other action required by law regarding a project, except that, in the consideration of alternative locations, sites, or routes for a project, the commission and the department are required to consider only the location, site, or route for the project identified in an application for a certificate under s. 196.49 and no more than one alternative location, site, or route; and, for a project identified in an application for a certificate under s. 196.491 (3), other than an application for a renewable facility, as defined in s. 196.378 (1r) (g), the commission and the department are required to consider only the location, site, or route for the project identified in the application and one alternative location, site, or route.

AB649-ASA1, s. 69 Section 69. 196.025 (7) of the statutes is created to read:

AB649-ASA1,42,7 196.025 (7) Energy conservation assessment. No later than July 1, 2013, and at least every 4 years thereafter, the commission shall prepare and provide to the department of natural resources an assessment of progress toward meeting the statewide energy conservation goals in s. 299.03 (3m).

AB649-ASA1, s. 70 Section 70. 196.25 (1) of the statutes is renumbered 196.25 (1r).

AB649-ASA1, s. 71 Section 71. 196.25 (1g) of the statutes is created to read:

AB649-ASA1,42,13 196.25 (1g) In this section, "public utility" includes the owner or operator of a nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 72 Section 72. 196.374 (1) (am) of the statutes is created to read:

AB649-ASA1,42,18 196.374 (1) (am) "Biomass" means plant material, including wood, or residue; biological waste; biogas; or landfill gases. "Biomass" does not include garbage, as defined in s. 289.01 (9), or nonbiological industrial, nonbiological commercial, or nonbiological household waste.

AB649-ASA1, s. 73 Section 73. 196.374 (1) (b) of the statutes is amended to read:

AB649-ASA1,42,25 196.374 (1) (b) "Commitment to community program" means an energy efficiency or load management program by or on behalf for regulated fuel usage in the service territory of a municipal utility or retail electric cooperative or a renewable resource program involving customer applications of renewable resources that take place at the premises of the customers or members of a municipal utility or retail electric cooperative.

AB649-ASA1, s. 74 Section 74. 196.374 (1) (c) of the statutes is amended to read:

AB649-ASA1,43,5 196.374 (1) (c) "Customer application of renewable resources" means the generation of energy from renewable resources that takes place on the premises of a customer or member of an energy utility or, municipal utility, or a member of a retail electric cooperative.