AB649: Bill Text

AB649,157,6 299.97 (1) Any person who violates this chapter, except s. 299.15 (1), 299.47 (2), 299.51 (4) (b), 299.53 (2) (a) or (3), 299.62 (2) or , 299.64 (2), or 299.045, or any rule promulgated or any plan approval, license or special order issued under this chapter, except under those sections, shall forfeit not less than $10 nor more than $5,000, for each violation. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty does not accrue.

AB649, s. 292 Section 292. 346.94 (21) of the statutes is created to read:

AB649,157,11 346.94 (21) Truck idling. The operator of a motor truck, truck tractor, or road tractor may not allow the primary propulsion engine of the motor vehicle to idle, on or off a highway, for more than 5 minutes in any 60 minute period, except under any of the following circumstances:

AB649,157,13 (a) When the motor vehicle is forced to remain motionless because of traffic conditions.

AB649,157,15 (b) When the outdoor temperature is below 10 degrees Fahrenheit or above 90 degrees Fahrenheit.

AB649,157,19 (c) When the medical needs of the motor vehicle operator or a passenger require the use of equipment that is necessary for the health of the operator or passenger and the equipment is not part of the motor vehicle and is powered from the motor vehicle's primary propulsion engine.

AB649,157,22 (d) When necessary to power equipment needed to load or unload property into or from the motor vehicle or a vehicle combination of which the motor vehicle is a part.

AB649,157,24 (e) When necessary to regenerate an emission filtration device on the motor vehicle.

AB649,157,25 (f) When performing maintenance procedures, including vehicle repair.

AB649,158,4 (g) If the motor vehicle contains a heavy-duty highway diesel engine that complies with the air pollutant emission standards promulgated by the federal environmental protection agency under 42 USC 7521 for engine model year 2007 or a later engine model year.

AB649, s. 293 Section 293. 346.95 (11) of the statutes is created to read:

AB649,158,9 346.95 (11) Any person violating s. 346.94 (21) may be required to forfeit not less than $20 nor more than $40 for the first offense, not less than $100 nor more than $500 for the 2nd conviction within a year, and not less than $500 nor more than $1,000 for the 3rd or subsequent conviction within a year.

AB649, s. 294 Section 294. 560.032 (1) of the statutes is renumbered 560.032 (1r) (a) and amended to read:

AB649,158,18 560.032 (1r) Allocation. (a) The department, by rule, shall establish under 26 USC 146 and administer a system for the allocation of the volume cap on the issuance of private activity bonds, as defined under 26 USC 141 (a), among all municipalities, as defined in s. 67.01 (5), and any corporation formed on behalf of those municipalities, and among this state, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, and the Wisconsin Housing and Economic Development Authority.

AB649, s. 295 Section 295. 560.032 (1g) of the statutes is created to read:

AB649,158,20 560.032 (1g) Definitions. In this section:

AB649,158,22 (a) "Clean energy manufacturing facility" means a facility that manufactures any of the following:

AB649,158,24 1. Energy efficient fixtures or building components, metering equipment, or appliances.

AB649,159,2 2. Equipment used to produce energy from a renewable resource or components of that equipment.

AB649,159,4 3. Equipment used to produce fuel made from a renewable resource or components of that equipment.

AB649,159,6 4. Renewable fuel, flex fuel, advanced diesel, hybrid, electric, or other advanced drive train vehicles designed to operate on highways, as defined in s. 340.01 (22).

AB649,159,7 5. A component of any vehicle identified in subd. 4..

AB649,159,8 (b) "Private activity bond" has the meaning given in 26 USC 141 (a).

AB649,159,9 (c) "Renewable fuel" means a fuel produced from a renewable resource.

AB649,159,14 (d) "Renewable power generating facility" means a facility owned by a person that is not a public utility or an electric cooperative with equipment to generate electricity or another form of energy from a renewable resource if that facility is projected to consume no less than 70 percent of the energy generated by that equipment in manufacturing processes at the site where the equipment is located.

AB649,159,15 (e) "Renewable resource" has the meaning given in s. 196.374 (1) (j).

AB649, s. 296 Section 296. 560.032 (1r) (b) of the statutes is created to read:

AB649,159,19 560.032 (1r) (b) In the rules under par. (a), the department shall provide that 25 percent of the amount allocated to municipalities and corporations formed on behalf of municipalities each year will be allocated for all of the following:

AB649,159,20 1. Clean energy manufacturing facilities.

AB649,159,21 2. Renewable power generating facilities.

AB649, s. 297 Section 297. 560.032 (2) of the statutes is renumbered 560.032 (2) (a) and amended to read:

AB649,160,4 560.032 (2) Amendment to or reallocation of allocation. (a) At any time prior to December 31 in any year, the department may promulgate rules to revise the allocation system established for that year under sub. (1) (1r) (a), except that any revision under this subsection paragraph does not apply to any allocation under which the recipient of that allocation has adopted a resolution authorizing the issuance of a private activity bond, as defined in 26 USC 141 (a).

AB649, s. 298 Section 298. 560.032 (2) (b) of the statutes is created to read:

AB649,160,11 560.032 (2) (b) Beginning on September 1 in any year, the department may reallocate using the system established by rule under sub. (1r) (a) any amount of the allocation made for that year under sub. (1r) (b) for which bonds have not been issued, except that any reallocation under this paragraph does not apply to any allocation under which the recipient of that allocation has adopted a resolution authorizing the issuance of a private activity bond.

AB649, s. 299 Section 299. 560.032 (4) of the statutes is amended to read:

AB649,160,15 560.032 (4) Certification. If the secretary receives notice of the issuance of a bond under an allocation under subs. (1) to (3) this section, the secretary shall certify that that bond meets the requirements of 26 USC 146.

AB649, s. 300 Section 300. 560.081 (1m) of the statutes is created to read:

AB649,160,20 560.081 (1m) A proposed project is a "qualifying project" for purposes of sub. (2) (e) and (f) 6. if the project will result in a reduction in travel, energy use, or the emission of greenhouse gases, as defined in s. 299.03 (1) (d), or if any of the following applies:

AB649,160,23 (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:

AB649,160,24 1. The area is surrounded by or is adjacent to existing development.

AB649,161,3 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.

AB649,161,4 3. The area consists primarily of blighted properties.

AB649,161,6 4. The area meets other criteria, specified by the department by rule, designed to ensure that the project reduces greenhouse gas emissions.

AB649,161,9 (b) The municipality 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.

AB649,161,10 (c) All of the following apply:

AB649,161,14 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 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.

AB649,161,20 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.

AB649,162,3 (d) The project is located in a municipality 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 municipality.

AB649, s. 301 Section 301. 560.081 (2) (e) of the statutes is amended to read:

AB649,162,14 560.081 (2) (e) Annually select, upon application, up to 5 municipalities to participate in the state main street program. The program for each municipality shall conclude after 3 years, except that the program for each municipality selected after July 29, 1995, shall conclude after 5 years. The department shall select program participants representing various geographical regions and populations, and may give greater weight to a municipality that has proposed a project that is a qualifying project under sub. (1m). A municipality may apply to participate, and the department may select a municipality for participation, more than one time. In selecting a municipality, however, the department may give priority to those municipalities that have not previously participated.

AB649, s. 302 Section 302. 560.081 (2) (f) 6. of the statutes is created to read:

AB649,162,17 560.081 (2) (f) 6. Whether a project proposed by a municipality that has applied to participate in the program under par. (e) is a qualifying project under sub. (1m).

AB649, s. 303 Section 303. 560.13 (2) (b) 2. of the statutes is amended to read:

AB649,162,25 560.13 (2) (b) 2. For Except as provided in subd. 3., for a grant that does not exceed $300,000, the recipient shall be required to contribute not less than 20% of the cost of the project. For Except as provided in subd. 3., for a grant that is greater than $300,000 but that does not exceed $700,000, the recipient shall be required to contribute not less than 35% of the cost of the project. For Except as provided in subd. 3., for a grant that is greater than $700,000 but that does not exceed $1,250,000, the recipient shall be required to contribute not less than 50% of the cost of the project.

AB649, s. 304 Section 304. 560.13 (2) (b) 3. of the statutes is created to read:

AB649,163,4 560.13 (2) (b) 3. The department may promulgate a rule that specifies a minimum contribution by a recipient that is less than the percentage of the cost of the project specified in subd. 2. if all of the following apply:

AB649,163,5 a. The recipient is a city, village, town, or county.

AB649,163,6 b. The project is a qualifying project.

AB649, s. 305 Section 305. 560.13 (3) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB649,163,11 560.13 (3) (intro.) The department may consider the following criteria in making awards under this section, and shall give additional consideration to a project that satisfies the criteria under par. (em):

AB649, s. 306 Section 306. 560.13 (3) (em) of the statutes is created to read:

AB649,163,13 560.13 (3) (em) The project is a qualifying project under sub. (3m).

AB649, s. 307 Section 307. 560.13 (3m) of the statutes is created to read:

AB649,163,18 560.13 (3m) A proposed project is a "qualifying project" for purposes of subs. (2) (b) 3. b. and (3) (em) if the project is proposed by a city, village, town, or county and the project will result in a reduction in travel, energy use, or the emission of greenhouse gases, as defined in s. 299.03 (1) (d), or if any of the following applies:

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.