AB291: Bill Text

LRB-3513/1

RCT:kmg:kaf

1995 - 1996 LEGISLATURE

1995 Assembly BILL 291

April 4, 1995 - Introduced by Representatives Hoven, Lazich, Duff, Jensen and Powers. Referred to Committee on Environment and Utilities.

AB291,1,3 An Act to renumber and amend 144.3712 (3); to amend 144.3712 (2); and to create 144.3712 (3) (b) and 144.3712 (4) and (5) of the statutes; relating to: the employe trip reduction program.

Analysis by the Legislative Reference Bureau

The federal clean air act requires a state that contains an area that is classified as a severe ozone nonattainment area to require employers in that area to implement a program to reduce work-related vehicle trips and miles traveled by employes. The employe trip reduction program (also called the employe commute options program) must require each employer of 100 or more persons in the area to increase passenger occupancy per vehicle in commuting trips during peak travel periods. The program must also require each of those employers to submit a compliance plan by November 15, 1994, that shows that the employer will comply with the requirements of the program no later than November 15, 1996. States that do not comply with requirements of the clean air act may be subject to penalties, including the loss of certain federal highway funds.

Current state law requires the department of natural resources to promulgate rules for an employe trip reduction program that is consistent with federal law. This bill provides that an employer is not subject to penalties for failure to achieve increases in passenger occupancy per vehicle if the employer has an approved compliance plan for the employe trip reduction program and makes reasonable efforts to implement the compliance plan. This bill authorizes an employer to submit and implement a plan for an alternate way to reduce emissions of air contaminants instead of submitting and implementing an employe trip reduction compliance plan. The bill authorizes the secretary of natural resources to suspend the employe trip reduction program in this state if the federal requirement to implement the program is suspended or terminated. This bill also authorizes the governor to suspend the employe trip reduction program if the governor determines that one house of congress has passed legislation that eliminates or substantially modifies the requirement to implement the program.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB291, s. 1 Section 1. 144.3712 (2) of the statutes is amended to read:

AB291,2,12 144.3712 (2) Requirements. The department shall promulgate by rule requirements for employers who are located in areas described under sub. (1) (a) or (b) to implement programs to reduce work-related trips and miles traveled by employes. The department shall develop the rules in accordance with 42 USC 7511a (d) (1) (B) and the guidance issued by the administrator of the federal environmental protection agency under 42 USC 7408 (f). The rules shall require that each employer who employs 100 or more persons in an area described under sub. (1) (a) or (b) increase average passenger occupancy per vehicle in commuting trips between home and workplace during peak travel periods by not less than 25% above the average passenger occupancy per vehicle for all such trips in the area as of November 15, 1992, or any later date specified by the federal environmental protection agency.

AB291, s. 2 Section 2. 144.3712 (3) of the statutes is renumbered 144.3712 (3) (a) and amended to read:

AB291,2,20 144.3712 (3) (a) If Except as provided under sub. (4) or (5), if an employer is located in an area that is described before November 15, 1993, by the department under sub. (1) (a) or (b) and is subject to the rules promulgated under sub. (2), the employer shall submit to the department, no later than November 15, 1994, a plan that demonstrates that the employer will comply with the rules no later than November 15, 1996.

AB291, s. 3 Section 3. 144.3712 (3) (b) of the statutes is created to read:

AB291,3,6 144.3712 (3) (b) An employer required to submit a compliance plan under par. (a) is not subject to a penalty under s. 144.426 for failure to achieve an increase in average occupancy per vehicle specified in the rules under sub. (2) if the employer's compliance plan is approved by the department and the employer makes reasonable efforts to implement the compliance plan.

AB291, s. 4 Section 4. 144.3712 (4) and (5) of the statutes are created to read:

AB291,3,13 144.3712 (4) Alternate control plan. Instead of submitting a compliance plan under sub. (3) (a), an employer may submit to the department a plan for an alternate control program for reducing emissions of air contaminants by at least the same amount as a compliance plan under sub. (3) (a). A person who violates a plan under this subsection that is approved by the department is subject to the penalties under s. 144.426.

AB291,3,16 (5) Suspension. (a) If the secretary determines that the requirement for an employe trip reduction program under 42 USC 7511a (d) (1) (B) is suspended or terminated, the secretary may suspend the program under this section.

AB291,3,20 (b) If the governor determines that one house of the U.S. congress has passed legislation that eliminates or substantially modifies the requirement for an employe trip reduction program under 42 USC 7511a (d) (1) (B), the governor may suspend the program under this section.

AB291,3,21 (End)