AB649: Bill Text

AB649,163,21 (a) The project is located in an area that is designated for traditional neighborhood development, as defined in s. 66.1027 (1) (c), in a comprehensive plan adopted under s. 66.1001 and at least one of the following applies:

AB649,163,22 1. The area is surrounded by or is adjacent to existing development.

AB649,163,25 2. The area is within a sewer service territory in the sewer service area provisions of an areawide water quality management plan under s. 283.83 approved by the department of natural resources.

AB649,164,1 3. The area consists primarily of blighted properties.

AB649,164,3 4. The area meets other criteria, specified by the department by rule, designed to ensure that the project reduces greenhouse gas emissions.

AB649,164,6 (b) The city, village, town, or county in which the project is located has adopted the design standards under s. 101.027 (4) and the project is in an area that is subject to the design standards.

AB649,164,7 (c) All of the following apply:

AB649,164,11 1. The project is located in an area that is subject to either a charter under s. 299.83 (7e) issued to an association of entities that includes the city, village, town, or county in which the area is located or a participation contract under s. 299.83 (6) entered into by the city, village, town, or county in which the area is located.

AB649,164,17 2. 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 implementation of the charter 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.

AB649,164,25 (d) The project is located in a city, village, town, or county that participates in tier I under s. 299.83 (3), the area in which the project 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, s. 308 Section 308. 560.205 (1) (g) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB649,165,8 560.205 (1) (g) It is not primarily engaged in real estate development, insurance, banking, lending, lobbying, political consulting, professional services provided by attorneys, accountants, business consultants, physicians, or health care consultants, wholesale or retail trade, leisure, hospitality, transportation, or construction, except construction of power production plants that derive energy from a renewable resource, as defined in s. 196.378 (1) (h) 196.374 (1) (j).

AB649, s. 309 Section 309. 560.302 of the statutes, as created by 2009 Wisconsin Act 28, is renumbered 560.302 (2m), and 560.302 (2m) (intro.) and (h), as renumbered, are amended to read:

AB649,165,14 560.302 (2m) (intro.) Upon receipt of an application by an any eligible recipient, the department may consider any of the following in determining whether to award a grant or make a loan under s. 560.304:

AB649,165,20 (h) Any other criteria established by the department by rule, including the types of projects that are eligible for funding and the types of eligible projects that will receive priority. The criteria established under this paragraph shall include a criterion that requires the department to give additional consideration to an eligible activity proposed by an eligible recipient that is a municipality if the eligible activity is described in sub. (1m).

AB649, s. 310 Section 310. 560.302 (1m) of the statutes is created to read:

AB649,166,2 560.302 (1m) Upon receipt of an application by an eligible recipient that is a municipality, the department shall consider whether an eligible activity proposed by that municipality will result in a reduction in travel, energy use, or the emission of greenhouse gases, as defined in s. 299.03 (1) (d), or whether one of the following applies to that eligible activity:

AB649,166,5 (a) The eligible activity is located in an area that is designated for traditional neighborhood development, as defined in s. 66.1027 (1) (c), in a comprehensive plan adopted under s. 66.1001 and at least one of the following applies:

AB649,166,6 1. The area is surrounded by or is adjacent to existing development.

AB649,166,9 2. The area is within a sewer service territory in the sewer service area provisions of an areawide water quality management plan under s. 283.83 approved by the department of natural resources.

AB649,166,10 3. The area consists primarily of blighted properties.

AB649,166,12 4. The area meets other criteria, specified by the department by rule, designed to ensure that the eligible activity reduces greenhouse gas emissions.

AB649,166,15 (b) The municipality in which the eligible activity is located has adopted the design standards under s. 101.027 (4) and the eligible activity is in an area that is subject to the design standards.

AB649,166,16 (c) All of the following apply:

AB649,166,20 1. The eligible activity is located in an area that is subject to either a charter under s. 299.83 (7e) issued to an association of entities that includes the municipality in which the area is located or a participation contract under s. 299.83 (6) entered into by the municipality in which the area is located.

AB649,167,2 2. 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 implementation of the charter 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 municipality.

AB649,167,10 (d) The eligible activity is located in a municipality that participates in tier I under s. 299.83 (3), the area in which the eligible activity 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 municipality.

AB649, s. 311 Section 311. 560.305 (4) of the statutes, as created by 2009 Wisconsin Act 28, is renumbered 560.305 (4) (a) and amended to read:

AB649,167,15 560.305 (4) (a) The Except as provided in par. (b), the board shall require, as a condition of a grant or loan, that a recipient contribute to a project an amount that is not less than 25 percent of the amount of the grant or loan.

AB649, s. 312 Section 312. 560.305 (4) (b) of the statutes is created to read:

AB649,167,19 560.305 (4) (b) The department may promulgate a rule that specifies a minimum contribution by an eligible recipient that is less than 25 percent of the amount of the grant or loan if all of the following apply:

AB649,167,20 1. The eligible recipient is a municipality.

AB649,167,22 2. The eligible recipient has proposed an eligible activity that satisfies the criteria in s. 560.302 (1m).

AB649,167,23 3. The eligible recipient receives a grant or loan under this subchapter.

AB649, s. 313 Section 313. 1983 Wisconsin Act 401, section 1 is repealed.

AB649, s. 9101 Section 9101. Nonstatutory provisions; Administration.

AB649,168,4 (1) Greenhouse gas emissions by state agencies; guidelines and protocols. The department of administration shall prescribe initial guidelines and protocols under section 16.954 (2) of the statutes, as created by this act, no later than the first day of the 13th month beginning after the effective date of this subsection.

AB649,168,8 (2) Greenhouse gas emissions by state agencies; initial report. Notwithstanding section 16.954 (6) of the statutes, as created by this act, the department of administration shall submit its initial report under that subsection no later than July 1, 2013.

AB649,168,18 (3) Levy limits exception. Using the procedure under section 227.24 of the statutes, the department of administration may promulgate the rules required under section 66.0602 (3) (e) 9. of the statutes for the period before the effective date of the permanent rule promulgated under that section but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of administration is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB649, s. 9110 Section 9110. Nonstatutory provisions; Commerce.

AB649,168,24 (1) Agricultural facilities energy conservation code. The department of commerce shall submit in proposed form the rules required under section 101.028 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 25th month beginning after the effective date of this subsection.

AB649, s. 9137 Section 9137. Nonstatutory provisions; Natural Resources.

AB649,169,1 (1) Study of engine idling.

AB649,169,2 (a) In this subsection:

AB649,169,3 1. "Department" means the department of natural resources.

AB649,169,5 2. "Greenhouse gas" has the meaning given in section 299.03 (1) (d) of the statutes, as created by this act.

AB649,169,7 3. "Mobile source" has the meaning given in section NR 400.02 (98), Wisconsin Administrative Code.

AB649,169,14 (b) The department shall study emissions of greenhouse gases from the idling of engines in mobile sources, other than vehicles subject to section 346.94 (21) of the statutes, as created by this act, and shall recommend incentives, technical assistance, or regulations, or a combination of these approaches, to achieve technically and economically feasible reductions in these emissions. The department shall base the study on a review of the existing literature and governmental policies designed to reduce these emissions.

AB649,169,17 (c) The department shall report the results of its study under paragraph (b ) to the legislature, in the manner provided in section 13.172 (2) of the statutes, and to the governor no later than the 90th day after the effective date of this paragraph.

AB649,169,22 (2) Air permit streamlining rules. The department of natural resources shall submit in proposed form the rules to implement section 285.60 (11) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 18th month beginning after the effective date of this subsection.

AB649,170,2 (3) Forest grant program. The department of natural resources shall submit in proposed form the rules required under section 26.38 (3) (d) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

AB649, s. 9141 Section 9141. Nonstatutory provisions; Public Service Commission.

AB649,170,16 (1) Nonseverability. Notwithstanding section 990.001 (11) of the statutes, if a court finds that section 196.493 (2) (am) 4. of the statutes, as created by this act, is unconstitutional, the treatment of sections 76.28 (1) (gm) 3., 79.04 (6) (a), 101.80 (1j) and (2m), 196.25 (1) and (1g), 196.49 (1), (1g), (2), (3) (a) and (cm), (4), and (6), 196.491 (1) (i) and (j), (3) (d) (intro.) and 2., (em), and (g), and (3m) (title), (a) (intro.), (b) 1. am. and 3. b., and (c) 1. a., 196.493 (title), (1), (1g), (1r) (ag) and (b), (2) (intro.), (a), (am) 1m., 2. c., 3., and 4., (b) (intro.), 1., 2., and 3., and (c), (3), and (4), 196.65 (1), (1g), and (2), 196.66 (1), (1g), (2), and (4) (b), 196.795 (6m) (a) 4m. and (cm) and (11) (b), 196.80 (1r), and 196.85 (1m) (a) of the statutes, the renumbering of section 196.491 (5) of the statutes, the renumbering and amendment of section 196.491 (1) (g) and (w) 2. and (3m) (d) of the statutes, and the creation of section 196.491 (1) (g) 2. and (w) 2. b., (3m) (d) 1. and 2., and (5) (am) and (c) 1. am. and 2. bm. of the statutes by this act are void.

AB649,170,17 (2) Renewable portfolio standard report.

AB649,170,18 (a) In this subsection:

AB649,170,20 1. "Electric provider" has the meaning given in section 196.378 (1r) (c) of the statutes, as affected by this act.

AB649,170,22 2. "Renewable portfolio standard" has the meaning given in section 196.378 (1r) (gm) of the statutes, as created by this act.

AB649,170,25 (b) The public service commission shall study options for ensuring that electric providers are able to comply with the renewable portfolio standard, including options for doing all of the following with regard to renewable energy construction projects:

AB649,171,1 1. Streamlining the regulatory approval and siting process.

AB649,171,3 2. Encouraging proposals that encompass multiple projects, with multiproject, integrative plans for the acquisition of sites, equipment, and contractors.

AB649,171,5 3. Approving multiyear commitments for the acquisition of necessary equipment in a timely manner, with appropriate recovery of development costs.

AB649,171,7 4. Encouraging larger electric providers to partner with smaller electric providers.

AB649,171,12 (c) No later than 6 months after the effective date of this paragraph, the public service commission shall submit a report to the legislature and governor under section 13.172 (2) of the statutes that describes the actions the commission has taken or proposes to take to implement the options specified in paragraph (b) and any recommendations for legislation necessary to fully implement the options.

AB649,171,17 (3) Nonelectric energy rules. The public service commission shall submit in proposed form the rules required under section 196.378 (3m) (a) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB649,171,25 (4) Large energy customer program rules. The public service commission shall study the rules it has promulgated under section 196.374 (3) (f) 3. of the statutes to determine whether the rules provide adequate opportunities for creating programs under section 196.374 (2) (c) of the statutes. No later than 6 months after the effective date of this subsection, the public service commission shall submit a report to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor that describes the commission's findings and the actions the commission has taken or intends to take to correct any deficiencies in the rules.

AB649, s. 9150 Section 9150. Nonstatutory provisions; Transportation.

AB649,172,8 (1) Wind turbine report. The department of transportation shall review regulatory barriers to the transport over the highways in this state of wind turbine components. No later than 6 months after the effective date of this subsection, the department shall submit a report to the legislature and governor under section 13.172 (2) of the statutes that describes the actions the department has taken to remove such barriers and any recommendations for legislation necessary to fully remove such barriers.

AB649,172,9 (2) Advisory committee.

AB649,172,16 (a) The department of transportation, in consultation with the department of natural resources, shall appoint a technical advisory committee under sections 15.04 (1) (c) and 227.13 of the statutes to make recommendations to the department of transportation on the factors to be considered, and the methodology to be used, in preparing evaluations required under section 85.021 (2) (a) of the statutes, as created by this act. These evaluations shall take into consideration all of the factors specified in section 85.021 (2) (b) of the statutes, as created by this act.

AB649,172,20 (b) The technical advisory committee shall make recommendations to the department of transportation on setting a monetary value for greenhouse gas emissions and energy use, based on factors such as social costs, market rates for carbon credits, and energy costs.

AB649,172,25 (3) 2030 plan. If the department of transportation completes its final 2030 plan, as defined in section 85.021 (1) (e) of the statutes, as created by this act, prior to the effective date of this subsection, the department shall revise the final 2030 plan to incorporate the requirement specified in section 85.021 (3) of the statutes, as created by this act.

AB649,173,5 (4) Rules relating to transportation projects. The department of transportation shall submit in proposed form the rules required under section 85.021 (4) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 18th month beginning after the effective date of this subsection.

AB649, s. 9157 Section 9157. Nonstatutory provisions; Other.

AB649,173,10 (1) School district participation; initial OEI report. Notwithstanding section 16.956 (3) (i) of the statutes, as created by this act, the office of energy independence shall submit its initial report under section 16.956 (3) (i) of the statutes, as created by this act, on July 1, 2013.

AB649,173,15 (2) Greenhouse gas emissions; initial state agency report. Notwithstanding section 299.045 (5) of the statutes, as created by this act, each agency, as defined in section 299.045 (1) (a) of the statutes, as created by this act, shall submit its initial report under section 299.045 (5) of the statutes, as created by this act, on March 1, 2013.

AB649, s. 9333 Section 9333. Initial applicability; Local Government.

AB649,173,19 (1) Levy limits exception. The treatment of section 66.0602 (3) (e) 9. of the statutes first applies to a fiscal year that begins on January 1 of the year following the year in which this subsection takes effect.

AB649, s. 9341 Section 9341. Initial applicability; Public Service Commission.

AB649,173,24 (1) Renewable energy percentage reports. The treatment of sections 196.374 (1) (am) and 196.378 (1) (ar) and (fg), (1r) (dm), (ds), (fg) 2. and 3. and (fm) 3. and 4., and (3m) of the statutes first applies to reports submitted for the April 15, 2012, deadline under section 196.378 (2) (c) 1. of the statutes, as affected by this act.

AB649, s. 9400 Section 9400. Effective dates; general. Except as provided in Sections 9401 to 9457 of this act, this act takes effect on the day after publication.

AB649, s. 9401 Section 9401. Effective dates; Administration.

AB649,174,7 (1) State building design standards. The treatment of section 16.856 of the statutes takes effect on the effective date of the initial rules promulgated by the department of commerce under section 101.027 (4) of the statutes, as created by this act.

AB649, s. 9403 Section 9403. Effective dates; Agriculture, Trade and Consumer Protection.

AB649,174,11 (1) Energy efficiency; consumer audio and video equipment. The treatment of section 100.215 of the statutes takes effect on the first day of the 12th month beginning after publication.

AB649,174,13 (2) Energy crop reserve program. The treatment of sections 20.115 (4) (d) and 93.47 of the statutes takes effect on July 1, 2011.

AB649, s. 9450 Section 9450. Effective dates; Transportation.

AB649,174,16 (1) Truck idling. The treatment of sections 346.94 (21) and 346.95 (11) of the statutes takes effect on January 1, 2011.

AB649,174,17 (End)