AB649: Bill Text

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.

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.