AB649-ASA1,28,2418 1. Study whether current and projected markets for bioenergy feedstocks and
19state and federal programs in effect on the effective date of this subdivision .... [LRB
20inserts date], provide adequate financial incentives to prompt producers of bioenergy
21feedstocks to sustainably produce a supply of biomass that, as a result of the use of
22that biomass as bioenergy feedstocks, will significantly contribute to the
23achievement of the state greenhouse gas emission reduction goals established under
24s. 299.03 (2).
AB649-ASA1,29,6
12. Study whether current and projected markets and state and federal
2programs in effect on the effective date of this subdivision .... [LRB inserts date],
3provide adequate financial incentives to prompt entities to engage in sustainable
4forestry, carbon sequestration, and biomass and agricultural production practices in
5this state that will significantly contribute to the achievement of the state
6greenhouse gas emission reduction goals established under s. 299.03 (2).
AB649-ASA1,29,77 3. Prepare reports on the studies required under subds. 1. and 2.
AB649-ASA1,29,158 (b) The department of agriculture, trade and consumer protection and the
9department of natural resources shall prepare the studies required under this
10subsection in consultation with the office of energy independence in the department
11of administration, the public service commission, the University of Wisconsin
12System, the administrator of the statewide energy efficiency and renewable resource
13programs under s. 196.374 (2) (a) 1., representatives of natural resources and
14environmental organizations, and representatives of sectors of the economy in this
15state that are affected by the programs.
AB649-ASA1,30,5 16(3) (a) If, after conducting the study under sub. (2) (a) 1., the department of
17agriculture, trade and consumer protection and the department of natural resources
18determine that the financial incentives under state and federal law are inadequate
19to prompt producers of bioenergy feedstocks to sustainably produce a supply of
20biomass that will significantly contribute to the achievement of the state greenhouse
21gas emission reduction goals established under s. 299.03 (2), and that additional
22financial incentives are warranted, the department of agriculture, trade and
23consumer protection and the department of natural resources shall recommend
24changes to improve the effectiveness of financial incentives under existing state
25programs and propose new legislation offering additional financial incentives to

1prompt bioenergy feedstock producers to sustainably produce additional biomass in
2order to help achieve the state greenhouse gas emission reduction goals. The
3department of agriculture, trade and consumer protection and the department of
4natural resources shall consider all of the following when making the
5recommendations required under this paragraph:
AB649-ASA1,30,76 1. Methods to reduce financial risks of bioenergy feedstock producers, such as
7loan guarantees and insurance.
AB649-ASA1,30,118 2. Expansion of a cap and trade program or a voluntary greenhouse gas
9emission reduction offset program to create credits for producers of bioenergy
10feedstocks who reduce greenhouse gas emissions during the production of bioenergy
11feedstocks by adopting appropriate management practices.
AB649-ASA1,30,1412 3. Expansion of the renewable resource credits created under s. 196.378 (3) (a)
131. to authorize the creation of credits from the production or generation of nonelectric
14energy, as defined in s. 196.378 (1r) (dm), that is produced or generated from biomass.
AB649-ASA1,31,515 (b) If, after conducting the study under sub. (2) (a) 2., the department of
16agriculture, trade and consumer protection and the department of natural resources
17determine that financial incentives under state and federal law are inadequate to
18prompt entities to engage in sustainable forestry, carbon sequestration, and biomass
19and agricultural production practices in this state that will significantly contribute
20to the achievement of the state greenhouse gas emission reduction goals established
21under s. 299.03 (2), and that additional financial incentives are warranted, the
22department of agriculture, trade and consumer protection and the department of
23natural resources shall recommend changes to improve the effectiveness of financial
24incentives under existing state programs and propose new legislation offering
25additional financial incentives to prompt entities to engage in sustainable forestry,

1carbon sequestration, and biomass and agricultural production practices in order to
2help achieve the state greenhouse gas emission reduction goals. The department of
3agriculture, trade and consumer protection and the department of natural resources
4shall consider all of the following when making the recommendations required under
5this paragraph:
AB649-ASA1,31,86 1. Methods to reduce financial risks of entities engaged in sustainable forestry,
7carbon sequestration, and biomass and agricultural production practices, such as
8loan guarantees and insurance.
AB649-ASA1,31,129 2. Expansion of a cap and trade program or a voluntary greenhouse gas
10emission reduction offset program to create credits for entities who engage in
11sustainable forestry, carbon sequestration, and biomass and agricultural production
12practices who reduce greenhouse gas emissions as a result of such practices.
AB649-ASA1,31,1613 3. Expansion of the renewable resource credits created under s. 196.378 (3) (a)
141. to authorize the creation of credits from the amount of greenhouse gas reductions
15occurring from sustainable forestry, carbon sequestration, and biomass and
16agricultural production practices.
AB649-ASA1,31,2117 (c) No later than July 1, 2013, the department of agriculture, trade and
18consumer protection and the department of natural resources shall submit a report
19on the studies required under sub. (2) together with any recommended changes to
20current law or recommended new legislation proposed under par. (a) or (b) to the
21climate change coordinating council.
AB649-ASA1, s. 45 22Section 45. 101.02 (22m) of the statutes is created to read:
AB649-ASA1,32,223 101.02 (22m) The department shall inform owners of construction sites of their
24responsibilities under s. 346.947 (7). The department may fulfill this duty by any

1reasonable means, including notice on any applicable form prepared by the
2department.
AB649-ASA1, s. 46 3Section 46. 101.02 (23) of the statutes is created to read:
AB649-ASA1,32,74 101.02 (23) No later than July 1, 2013, and at least every 4 years thereafter,
5the department shall prepare and provide to the department of natural resources an
6assessment of progress toward meeting the new building energy use goal in s. 299.03
7(3).
AB649-ASA1, s. 47 8Section 47. 101.027 (1) of the statutes is renumbered 101.027 (1m) and
9amended to read:
AB649-ASA1,32,1510 101.027 (1m) In this section, "energy conservation code" means the The
11department shall, by rule, promulgate an
energy conservation code promulgated by
12the department
that sets minimum design requirements standards for construction
13and equipment for the purpose of energy conservation in public buildings and places
14of employment. Except as provided in sub. (1r), the rules shall conform to the energy
15design standards contained in a generally accepted code.
AB649-ASA1, s. 48 16Section 48. 101.027 (1g) of the statutes is created to read:
AB649-ASA1,32,2217 101.027 (1g) In this section, "generally accepted code" means the International
18Energy Conservation Code or an energy efficiency code that provides at least as great
19an energy conservation benefit as the energy design standards contained in the
20International Energy Conservation Code and that is generally accepted and used by
21architects, engineers, and the construction industry in the construction of public
22buildings and places of employment.
AB649-ASA1, s. 49 23Section 49. 101.027 (1r) of the statutes is created to read:
AB649-ASA1,33,224 101.027 (1r) (a) The department may set particular design standards that are
25less strict than those contained in the generally accepted code used by the

1department to promulgate the energy conservation code under sub. (1m) if all of the
2following apply:
AB649-ASA1,33,43 1. Application of the generally accepted code is unreasonably burdensome
4because of specific conditions existing in this state.
AB649-ASA1,33,65 2. The less strict standards provide the greatest energy conservation benefits
6that are consistent with the specific conditions.
AB649-ASA1,33,137 (b) The department may set particular design standards that are stricter than
8those contained in the generally accepted code used by the department to promulgate
9the energy conservation code under sub. (1m) if the department takes into account
10the cost of complying with the stricter standards in relationship to the benefits
11derived from complying with the stricter standards, including the reasonably
12foreseeable economic and environmental benefits to this state from any reduction in
13the use of fossil fuel and in emissions of greenhouse gasses.
AB649-ASA1, s. 50 14Section 50. 101.027 (2) of the statutes is amended to read:
AB649-ASA1,34,515 101.027 (2) The department shall review the energy conservation code
16promulgated under sub. (1m), and shall, subject to the requirements of sub. (1r),
17promulgate rules that change the requirements of the energy conservation code to
18improve energy conservation. No rule may be promulgated that has not taken into
19account the cost of the energy conservation code requirement, as changed by the rule,
20in relationship to the benefits derived from that requirement, including the
21reasonably foreseeable economic and environmental benefits to the state from any
22reduction in the use of imported fossil fuel. The proposed rules changing the energy
23conservation code shall be submitted to the legislature in the manner provided under
24s. 227.19. In conducting a review under this subsection, the department shall
25consider incorporating, into the energy conservation code, design requirements from

1the most current national energy efficiency design standards, including the
2International Energy Conservation Code or an energy efficiency code other than the
3International Energy Conservation Code if that energy efficiency code is used to
4prescribe design requirements for the purpose of conserving energy in buildings and
5is generally accepted and used by engineers and the construction industry.
AB649-ASA1, s. 51 6Section 51. 101.027 (3) (a) 1. of the statutes is amended to read:
AB649-ASA1,34,97 101.027 (3) (a) 1. A revision of the International Energy Conservation Code
8generally accepted code used by the department to promulgate the energy efficiency
9code under sub. (1m)
is published.
AB649-ASA1, s. 52 10Section 52. 101.027 (3) (b) 1. of the statutes is amended to read:
AB649-ASA1,34,1811 101.027 (3) (b) 1. If the department begins a review under sub. (2) because a
12revision of the International Energy Conservation Code generally accepted code
13used by the department to promulgate the energy efficiency code under sub. (1m)
is
14published, the department shall complete its review of the energy conservation code,
15as defined in sub. (1),
and submit to the legislature proposed rules changing the
16energy conservation code, as defined in sub. (1), no later than 18 months after the
17date on which the revision of the International Energy Conservation Code generally
18accepted code
is published.
AB649-ASA1, s. 53 19Section 53. 101.027 (4) of the statutes is created to read:
AB649-ASA1,35,1320 101.027 (4) The department shall promulgate rules that set voluntary design
21standards for the purpose of reducing the environmental impact of constructing,
22maintaining, and using public buildings and places of employment. The department
23shall base the design standards on standards jointly established by the American
24National Standards Institute, the American Society of Heating, Refrigerating and
25Air Conditioning Engineers, the U.S. Green Building Council, and the Illuminating

1Engineering Society of North America or on similar standards that are generally
2accepted and used by architects, engineers, and the construction industry in the
3construction of public buildings and places of employment if the similar standards
4provide benefits in reducing the environmental impact of constructing, maintaining,
5and using public buildings and places of employment that are at least as great as the
6benefits provided in the jointly established standards. The department shall
7promulgate rules under this subsection that set design standards that provide
8significantly greater energy conservation benefits than those provided by the design
9standards contained in the energy conservation code under sub. (1m).
10Notwithstanding s. 101.02 (7) (a), no county, city, village, or town may enact any
11ordinance or adopt any regulation that requires compliance with the voluntary
12design standards set by the department under rules promulgated under this
13subsection.
AB649-ASA1, s. 54 14Section 54. 101.028 of the statutes is created to read:
AB649-ASA1,35,20 15101.028 Agricultural building code. The department shall, by rule,
16promulgate an energy conservation code that sets minimum design standards for
17agricultural facilities. The department shall define, for purposes of that code,
18"agricultural facility," which shall include a barn and a milking parlor. The
19department shall consult with the department of agriculture, trade and consumer
20protection before promulgating rules under this section.
AB649-ASA1, s. 55 21Section 55. 101.62 of the statutes is amended to read:
AB649-ASA1,36,11 22101.62 Dwelling code council; power. The dwelling code council shall
23review the standards and rules for one- and 2-family dwelling construction and
24recommend a uniform dwelling code for adoption by the department which shall
25include rules providing for the conservation of energy in the construction and

1maintenance of dwellings, consistent with the requirements of s. 101.63 (1m), and
2for costs of specific code provisions to home buyers to be related to the benefits
3derived from such provisions. The council shall study the need for and availability
4of one-family and 2-family dwellings that are accessible to persons with disabilities,
5as defined in s. 106.50 (1m) (g), and shall make recommendations to the department
6for any changes to the uniform dwelling code that may be needed to ensure an
7adequate supply of one-family and 2-family dwellings. Upon its own initiative or
8at the request of the department, the council shall consider and make
9recommendations to the department pertaining to rules and any other matters
10related to this subchapter. The council shall recommend variances for different
11climate and soil conditions throughout the state.
AB649-ASA1, s. 56 12Section 56. 101.63 (1) (intro.) of the statutes is amended to read:
AB649-ASA1,36,2213 101.63 (1) (intro.) Adopt rules which establish standards for the construction
14and inspection of one- and 2-family dwellings and components thereof. Where
15feasible, the standards used shall be those nationally recognized and shall apply to
16the dwelling and to its electrical, heating, ventilating, air conditioning and other
17systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be
18adopted which has not taken into account the conservation of energy in construction
19and maintenance of dwellings and the costs of specific code provisions to home buyers
20in relationship to the benefits derived from the provisions.
Rules promulgated under
21this subsection do not apply to a bed and breakfast establishment, as defined under
22s. 254.61 (1), except that the rules apply to all of the following:
AB649-ASA1, s. 57 23Section 57. 101.63 (1m) of the statutes is created to read:
AB649-ASA1,37,424 101.63 (1m) (a) In this subsection, "generally accepted code" means the
25International Energy Conservation Code or an energy efficiency code that provides

1at least as great an energy conservation benefit as the energy design standards
2contained in the International Energy Conservation Code and that is generally
3accepted and used by architects, engineers, and the construction industry in the
4construction of one- and 2-family dwellings.
AB649-ASA1,37,115 (b) The department shall, by rule, promulgate an energy conservation code that
6sets minimum design standards for construction and equipment for the purpose of
7energy conservation in one- and 2-family dwellings. In promulgating the rules the
8department shall ensure that the minimum design standards are appropriate to
9specific conditions existing in this state and shall consider incorporating into the
10rules, subject to the requirements under pars. (c) and (d), the energy design
11standards contained in a generally accepted code.
AB649-ASA1,37,1412 (c) Before the department may set particular design standards that are less
13strict than those contained in a generally accepted code, it shall consider all of the
14following:
AB649-ASA1,37,1615 1. Whether application of a generally accepted code is unreasonably
16burdensome because of specific conditions existing in this state.
AB649-ASA1,37,1817 2. Whether the less strict standards provide the greatest energy conservation
18benefits that are consistent with the specific conditions.
AB649-ASA1,37,2419 (d) The department may set particular design standards that are stricter than
20those contained in a generally accepted code if the department takes into account the
21cost of complying with the stricter standards in relationship to the benefits derived
22from complying with the stricter standards, including the reasonably foreseeable
23economic and environmental benefits to this state from any reduction in the use of
24fossil fuel and in emissions of greenhouse gasses.
AB649-ASA1,38,4
1(e) The department shall review the energy conservation code promulgated
2under par. (b), and shall, subject to the requirements of pars. (c) and (d), promulgate
3rules that change the requirements of the energy conservation code to improve
4energy conservation.
AB649-ASA1,38,65 (f) The department shall begin a review under par. (e) whenever one of the
6following occurs:
AB649-ASA1,38,87 1. A revision of the generally accepted code used by the department to
8promulgate the energy conservation code under par. (b) is published.
AB649-ASA1,38,109 2. Three years have passed from the date on which the department last
10submitted to the legislature proposed rules changing the energy conservation code.
AB649-ASA1,38,1111 (g) The department shall complete a review under par. (e) as follows:
AB649-ASA1,38,1712 1. If the department begins a review under par. (e) because a revision of the
13generally accepted code used by the department to promulgate the energy
14conservation code under par. (b) is published, the department shall complete its
15review of the energy conservation code and submit to the legislature proposed rules
16changing the energy conservation code no later than 18 months after the date on
17which the revision of the generally accepted code is published.
AB649-ASA1,38,2318 2. If the department begins a review under par. (e) because 3 years have passed
19from the date on which the department last submitted to the legislature proposed
20rules changing the energy conservation code, the department shall complete its
21review of the energy conservation code and submit to the legislature proposed rules
22changing the energy conservation code no later than 9 months after the last day of
23the 3-year period.
AB649-ASA1, s. 58 24Section 58. 101.80 (1j) of the statutes is amended to read:
AB649-ASA1,39,3
1101.80 (1j) "Electricity provider" means a public utility, an electric cooperative,
2or a wholesale merchant plant operator, or, beginning on the date specified in the
3notice published under s. 196.493 (3) (b), a nonutility nuclear power plant operator
.
AB649-ASA1, s. 59 4Section 59. 101.80 (2m) of the statutes is created to read:
AB649-ASA1,39,75 101.80 (2m) "Nonutility nuclear power plant operator" means the operator of
6a nonutility nuclear power plant, as defined in s. 196.491 (1) (i). This subsection
7takes effect on the date specified in the notice published under s. 196.493 (3) (b).
AB649-ASA1, s. 60 8Section 60. 196.025 (1) (ag) 1. of the statutes is renumbered 196.025 (1) (ag)
91r.
AB649-ASA1, s. 61 10Section 61. 196.025 (1) (ag) 1g. of the statutes is created to read:
AB649-ASA1,39,1211 196.025 (1) (ag) 1g. "Municipal utility" has the meaning given in s. 16.957 (1)
12(q).
AB649-ASA1, s. 62 13Section 62. 196.025 (1) (b) 1. of the statutes is renumbered 196.025 (1) (b) 1.
14(intro.) and amended to read:
AB649-ASA1,39,1915 196.025 (1) (b) 1. (intro.) In a proceeding in which an investor-owned electric
16public utility is a party, the commission shall not order or otherwise impose energy
17conservation or efficiency requirements on the investor-owned electric public utility
18if the commission has fulfilled all of its duties under s. 196.374 and the
19investor-owned
any of the following is satisfied:
AB649-ASA1,39,21 20a. The electric public utility has satisfied the requirements of s. 196.374 for the
21year prior to commencement of the proceeding, as specified in s. 196.374 (8) (d).
AB649-ASA1, s. 63 22Section 63. 196.025 (1) (b) 1. b. of the statutes is created to read:
AB649-ASA1,40,323 196.025 (1) (b) 1. b. If the electric public utility is a municipal utility, the
24commission determines under s. 196.374 (8) that the electric public utility has, on
25average over the 4 years preceding the commencement of the proceeding, met, in the

1aggregate, the goals established under s. 196.374 (3) (bn) 1. f. for the electric public
2utility or the commission determines that the electric public utility has made a good
3faith effort to meet the goals during such 4-year period.
AB649-ASA1, s. 64 4Section 64. 196.025 (1) (b) 2. of the statutes is amended to read:
AB649-ASA1,40,195 196.025 (1) (b) 2. In a proceeding in which a wholesale supplier that has
6accepted an assignment from a municipal utility or retail electric cooperative under
7s. 196.374 (7) (bg)
is a party, the commission shall not order or otherwise impose
8energy conservation or efficiency requirements on the wholesale supplier or any
9municipal utility or retail electric cooperative that made the assignment
if the
10commission has fulfilled all of its duties under s. 196.374 and the wholesale
11supplier's members are in the aggregate substantially in compliance with s. 196.374
12(7)
commission determines under s. 196.374 (8) that the wholesale supplier or all
13municipal utilities or retail electric cooperatives from which the wholesale supplier
14has accepted assignment have, on average over the 4 years preceding the
15commencement of the proceeding, met, in the aggregate, the goals established under
16s. 196.374 (3) (bn) 1. f. for the municipal utilities or retail electric cooperatives or the
17commission determines that the wholesale supplier, municipal utilities, or retail
18electric cooperatives have made a good faith effort to meet the goals during such
194-year period
.
AB649-ASA1, s. 65 20Section 65. 196.025 (1) (c) 1. of the statutes is amended to read:
AB649-ASA1,41,321 196.025 (1) (c) 1. In a proceeding in which an investor-owned electric public
22utility is a party, the commission shall not order or otherwise impose any renewable
23resource requirements on the investor-owned electric public utility if the
24commission has fulfilled all of its duties under s. 196.378 and the commission has
25informed the utility under s. 196.378 (2) (c) 2. that, with respect to the most recent

1report submitted under s. 196.378 (2) (c) 1., the utility is in compliance with the
2requirements of s. 196.378 (2) (a) 2. This subdivision does not limit the authority of
3the commission to enforce a public utility's obligations under s. 196.374.
AB649-ASA1, s. 66 4Section 66. 196.025 (1) (c) 2. of the statutes is amended to read:
AB649-ASA1,41,95 196.025 (1) (c) 2. In a proceeding in which a wholesale supplier is a party, the
6commission shall not order or otherwise impose any renewable resource
7requirements on the wholesale supplier if the commission has fulfilled all of its
8duties under s. 196.378 and the wholesale supplier's members or customers are in
9the aggregate substantially in compliance with s. 196.378 (2).
AB649-ASA1, s. 67 10Section 67. 196.025 (1) (c) 3. of the statutes is created to read:
AB649-ASA1,41,1411 196.025 (1) (c) 3. The commission shall give priority in the scheduling of its
12business to the consideration of applications for a certificate of authority under s.
13196.49, or a certificate of public convenience and necessity under s. 196.491 (3), for
14a proposed renewable facility, as defined in s. 196.378 (1r) (g).
AB649-ASA1, s. 68 15Section 68. 196.025 (2m) (c) of the statutes is amended to read:
AB649-ASA1,42,216 196.025 (2m) (c) Paragraph (b) does not waive any duty of the commission or
17the department to comply with s. 1.11 or to take any other action required by law
18regarding a project, except that, in the consideration of alternative locations, sites,
19or routes for a project, the commission and the department are required to consider
20only the location, site, or route for the project identified in an application for a
21certificate under s. 196.49 and no more than one alternative location, site, or route;
22and, for a project identified in an application for a certificate under s. 196.491 (3),
23other than an application for a renewable facility, as defined in s. 196.378 (1r) (g), the
24commission and the department are required to consider only the location, site, or

1route for the project identified in the application and one alternative location, site,
2or route.
AB649-ASA1, s. 69 3Section 69. 196.025 (7) of the statutes is created to read:
AB649-ASA1,42,74 196.025 (7) Energy conservation assessment. No later than July 1, 2013, and
5at least every 4 years thereafter, the commission shall prepare and provide to the
6department of natural resources an assessment of progress toward meeting the
7statewide energy conservation goals in s. 299.03 (3m).
AB649-ASA1, s. 70 8Section 70. 196.25 (1) of the statutes is renumbered 196.25 (1r).
AB649-ASA1, s. 71 9Section 71. 196.25 (1g) of the statutes is created to read:
AB649-ASA1,42,1310 196.25 (1g) In this section, "public utility" includes the owner or operator of a
11nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has
12issued a certificate of public convenience and necessity under s. 196.491 (3) on or
13after the date specified in the notice published under s. 196.493 (3) (b).
AB649-ASA1, s. 72 14Section 72. 196.374 (1) (am) of the statutes is created to read:
AB649-ASA1,42,1815 196.374 (1) (am) "Biomass" means plant material, including wood, or residue;
16biological waste; biogas; or landfill gases. "Biomass" does not include garbage, as
17defined in s. 289.01 (9), or nonbiological industrial, nonbiological commercial, or
18nonbiological household waste.
AB649-ASA1, s. 73 19Section 73. 196.374 (1) (b) of the statutes is amended to read:
AB649-ASA1,42,2520 196.374 (1) (b) "Commitment to community program" means an energy
21efficiency or load management program by or on behalf for regulated fuel usage in
22the service territory
of a municipal utility or retail electric cooperative or a renewable
23resource program involving customer applications of renewable resources that take
24place at the premises of the customers or members of a municipal utility or retail
25electric cooperative
.
AB649-ASA1, s. 74
1Section 74. 196.374 (1) (c) of the statutes is amended to read:
AB649-ASA1,43,52 196.374 (1) (c) "Customer application of renewable resources" means the
3generation of energy from renewable resources that takes place on the premises of
4a customer or member of an energy utility or, municipal utility, or a member of a retail
5electric cooperative.
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