AB649: Bill Text

AB649, s. 24 Section 24. 66.0602 (3) (e) 9. of the statutes is created to read:

AB649,41,9 66.0602 (3) (e) 9. The amount that a political subdivision levies in that year to pay for energy efficiency measures and renewable energy products that result in the avoidance of, or reduction in, energy costs. The department of administration shall promulgate rules to facilitate the implementation of this subdivision by creating standards and definitions for terms including energy efficiency measures, renewable energy products, and energy costs.

AB649, s. 25 Section 25. 76.28 (1) (gm) 3. of the statutes is created to read:

AB649,41,14 76.28 (1) (gm) 3. A nonutility nuclear power plant, as defined in s. 196.491 (1) (i), that has a total power production capacity of at least 50 megawatts. This subdivision takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649, s. 26 Section 26. 77.54 (30) (a) 1m. of the statutes is amended to read:

AB649,41,17 77.54 (30) (a) 1m. Biomass, as defined in s. 196.378 (1) (ar) 196.374 (1) (am), that is used for fuel sold for residential use.

AB649, s. 27 Section 27. 79.005 (1b) of the statutes is amended to read:

AB649,41,21 79.005 (1b) "Alternative energy resource" means a renewable resource, as defined in s. 196.378 (1) (h) 196.374 (1) (j); garbage, as defined in s. 289.01 (9); or nonvegetation-based industrial, commercial, or household waste.

AB649, s. 28 Section 28. 79.005 (4) (d) of the statutes is amended to read:

AB649,42,2 79.005 (4) (d) Replacing steam generating equipment at a combustion-based renewable facility, as defined in s. 196.378 (1) (1r) (g), that is located in this state, to increase efficiency or capacity, if the facility remains a combustion-based renewable facility, as defined in s. 196.378 (1) (1r) (g), after replacing the equipment.

AB649, s. 29 Section 29. 79.04 (6) (a) of the statutes is amended to read:

AB649,42,18 79.04 (6) (a) Annually, beginning in 2005, for production plants that begin operation after December 31, 2003, or begin operation as a repowered production plant after December 31, 2003, except as provided in sub. (4m), the department of administration, upon certification by the department of revenue, shall distribute payments from the public utility account, as determined under par. (b), to each municipality and county in which a production plant is located, if the production plant has a name-plate capacity of at least one megawatt and is used by a light, heat, or power company assessed under s. 76.28 (2) or 76.29 (2), except property described in s. 66.0813, unless the production plant is owned or operated by a local governmental unit located outside of the municipality; by a qualified wholesale electric company, as defined in s. 76.28 (1) (gm); by a wholesale merchant plant, as defined in s. 196.491 (1) (w); by an electric cooperative assessed under ss. 76.07 and 76.48, respectively; or by a municipal electric company under s. 66.0825; or, beginning on the date specified in the notice published under s. 196.493 (3) (b), by a nonutility nuclear power plant, as defined in s. 196.491 (1) (i).

AB649, s. 30 Section 30. 84.185 (1) (br) and (cr) of the statutes are created to read:

AB649,42,20 84.185 (1) (br) "Greenhouse gas" has the meaning given in s. 299.03 (1) (d).

AB649,42,22 (cr) "Traditional neighborhood development" has the meaning given in s. 66.1027 (1) (c).

AB649, s. 31 Section 31. 84.185 (2) (b) 15. of the statutes is created to read:

AB649,42,25 84.185 (2) (b) 15. Whether the improvement is a qualifying improvement under sub. (2m).

AB649, s. 32 Section 32. 84.185 (2) (d) of the statutes is created to read:

AB649,43,4 84.185 (2) (d) The secretary may give greater weight to the criterion under par. (b) 15. than to the other criteria under par. (b) in determining whether to approve an improvement.

AB649, s. 33 Section 33. 84.185 (2m) of the statutes is created to read:

AB649,43,9 84.185 (2m) Qualifying improvements. An improvement is a qualifying improvement for the purposes of subs. (2) (b) 15. and (4) (b) if the improvement will result in a reduction of travel, energy use, or emissions of greenhouse gases or if any of the following applies:

AB649,43,14 (a) The improvement is located in an area that is both designated for traditional neighborhood development in a comprehensive plan adopted under s. 66.1001 and to be developed as a traditional neighborhood development under an ordinance consistent with the model ordinance under s. 66.1027 (2) and any of the following applies:

AB649,43,15 1. The area is surrounded by or is adjacent to existing development.

AB649,43,18 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.

AB649,43,19 3. The area consists primarily of blighted properties.

AB649,43,21 4. The area meets other criteria, specified by the department by rule, designed to ensure that the project reduces greenhouse gas emissions.

AB649,43,24 (b) The political subdivision in which the improvement is located has adopted the design standards under s. 101.027 (4) and the improvement is in an area that is subject to the design standards.

AB649,43,25 (c) All of the following apply:

AB649,44,4 1. The improvement 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 political subdivision 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.

AB649,44,9 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 or in energy use by public or private entities within the political subdivision.

AB649,44,17 (d) The improvement is located in a political subdivision that participates in tier I under s. 299.83 (3), the area in which the improvement 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 or in energy use by public or private entities within the political subdivision.

AB649, s. 34 Section 34. 84.185 (3) (a) (intro.) of the statutes is amended to read:

AB649,44,23 84.185 (3) (a) (intro.) When awarding a grant under this section, the department shall establish a grant ceiling. Except as provided in par. (b) 2., the grant ceiling shall not be amended after the secretary has approved an application for funding. Except as provided in par. (b) and sub. (4) (b), the grant ceiling shall be the lesser of the following:

AB649, s. 35 Section 35. 84.185 (4) of the statutes is renumbered 84.185 (4) (a).

AB649, s. 36 Section 36. 84.185 (4) (b) of the statutes is created to read:

AB649,45,4 84.185 (4) (b) The rules promulgated under this subsection may provide for all of the following with respect to an improvement that is a qualifying improvement under sub. (2m) and that is the subject of an agreement under sub. (7m) between the department and a governing body:

AB649,45,5 1. A grant ceiling that is higher than the grant ceiling specified in sub. (3).

AB649,45,8 2. Different standards related to job creation or retention, or both, than those that would apply under sub. (2) (b) 3. and 4. to an improvement that is not a qualifying improvement.

AB649, s. 37 Section 37. 85.021 of the statutes is created to read:

AB649,45,11 85.021 Environmental evaluations for transportation projects. (1) In this section:

AB649,45,14 (a) "Environmental assessment" means an analysis of a proposed action to determine whether the proposed action constitutes a major action significantly affecting the human environment under s. 1.11 (2) (c).

AB649,45,16 (b) "Environmental impact statement" means a detailed statement required under s. 1.11 (2) (c).

AB649,45,17 (c) "Greenhouse gas" has the meaning given in s. 299.03 (1) (d).

AB649,45,21 (d) "Transportation project" means any construction, reconstruction, rehabilitation, or other improvement of infrastructure related to any mode of transportation, funded in whole or in part from any appropriation to the department under s. 20.395 or 20.866 (2).

AB649,45,23 (e) "2030 plan" means the department's statewide long-range multimodal transportation plan for the 20-year period ending in 2030.

AB649,46,4 (2) (a) Beginning with environmental assessments and environmental impact statements commenced on the first day of the 24th month beginning after the effective date of this paragraph .... [LRB inserts date], if the department prepares an environmental assessment or environmental impact statement for a transportation project, the environmental assessment or environmental impact statement shall include an evaluation of all of the following:

AB649,46,6 1. The greenhouse gas emissions and energy use that will result from the transportation project, over the life cycle of the project.

AB649,46,10 2. If any other transportation project that is an alternative to the transportation project under subd. 1. is being considered, the greenhouse gas emissions and energy use that will result from each alternative project, over the life cycle of the alternative project.

AB649,46,12 (b) Any evaluation required under par. (a) shall take into consideration all of the following relating to the project:

AB649,46,13 1. Transportation mode.

AB649,46,14 2. Project materials.

AB649,46,15 3. Project construction methods.

AB649,46,16 4. Maintenance requirements.

AB649,46,18 5. Transportation use derived from the project, including predicted vehicle miles traveled and predicted congestion, if applicable.

AB649,46,19 6. Other pertinent factors.

AB649,46,24 (c) In performing any cost-benefit analysis related to a transportation project for which an evaluation is required under par. (a), the department shall consider the monetary value of the greenhouse gas emissions and energy use that will result from the transportation project, calculated according to the rules promulgated under sub. (4).

AB649,47,8 (3) As part of the environmental evaluation in the department's 2030 plan, the department shall consider greenhouse gas emissions and energy use in identifying, prioritizing, evaluating, or assessing transportation facility or service needs for the statewide transportation system. In any revision, modification, or update of the 2030 plan, and in any other statewide long-range multimodal transportation plan of the department, the department shall consider greenhouse gas emissions and energy use in identifying, prioritizing, evaluating, or assessing transportation facility or service needs for the statewide transportation system.

AB649,47,12 (4) The department shall promulgate rules for calculating the monetary value of the greenhouse gas emissions and energy use that will result from transportation projects, over the life cycle of the projects, to be used in performing cost-benefit analyses of transportation project options.

AB649, s. 38 Section 38. 85.0215 of the statutes is created to read:

AB649,47,15 85.0215 Surface transportation planning to achieve greenhouse gas emission reductions. (1) Definitions. In this section:

AB649,47,16 (a) "Greenhouse gas" has the meaning given in s. 299.03 (1) (d).

AB649,47,17 (b) "Intelligent transportation system" has the meaning given in s. 84.001 (1r).

AB649,47,19 (c) "Metropolitan planning organization" has the meaning given in s. 66.0309 (17) (a) 3.

AB649,48,2 (2) Greenhouse gas emission reduction goals. The department of transportation, in consultation with the department of natural resources, shall establish statewide goals for reducing greenhouse gas emissions from surface transportation in this state that, if achieved, will contribute to the state achieving the statewide greenhouse gas emission reduction goals under s. 299.03 (2). After establishing these goals, the department of transportation shall revise the goals whenever appropriate.

AB649,48,7 (3) Development of strategies and planning methods and procedures. The department of transportation, in consultation with the department of natural resources, the department of administration, appropriate units in the University of Wisconsin System as designated by the president of the University of Wisconsin System, and metropolitan planning organizations, shall do all of the following:

AB649,48,13 (a) Identify strategies for reducing greenhouse gas emissions from surface transportation, other than strategies for the reduction of greenhouse gases emitted by motor vehicles or railroad trains through emission limitations or reduced fuel consumption per mile traveled by motor vehicles or railroad trains or through improvements in the greenhouse gas performance of transportation fuels. In identifying these strategies, the department shall consider all of the following:

AB649,48,15 1. Efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement.

AB649,48,17 2. Efforts to increase walking, bicycling, and other forms of nonmotorized transportation.

AB649,48,20 3. Implementation of zoning and other land use regulations and plans to support increases in population density, transit-oriented development or redevelopment, or mixed-use development.

AB649,48,23 4. Travel demand management programs, including carpool, vanpool, or other car-share projects; transportation pricing measures; parking policies; and programs to promote telecommuting, flexible work schedules, and satellite work centers.

AB649,49,2 5. Surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce long-term greenhouse gas emissions through reduced congestion and improved system management.

AB649,49,3 6. Intercity passenger rail improvements.

AB649,49,4 7. Intercity bus improvements.

AB649,49,5 8. Freight rail improvements.

AB649,49,7 9. Use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions.

AB649,49,9 10. Public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles.

AB649,49,15 (b) Develop methods and procedures for preparing multimodal transportation plans and transportation improvement programs that incorporate the strategies under par. (a). Where applicable and to the extent practicable, this planning and program preparation shall be based on maximizing the accessibility to destinations provided by the affected transportation systems using all relevant travel modes, including walking and bicycling.

AB649,49,19 (4) Use of strategies and planning methods and procedures. Beginning on the first day of the 24th month beginning after the effective date of this subsection .... [LRB inserts date], the department, to the extent practicable, shall do all of the following:

AB649,49,22 (a) Use the methods and procedures developed under sub. (3) (b) in preparing its long-range statewide transportation plans and statewide transportation improvement programs.

AB649,49,25 (b) Incorporate the strategies developed under sub. (3) (a) into its long-range statewide transportation plans and statewide transportation improvement programs.

AB649,50,5 (5) Reports and assessments. By July 1, 2013, and at least every 4 years thereafter, the department shall assess its progress in achieving its goals under sub. (2), as well as the progress of metropolitan planning organizations in achieving their goals under s. 66.0309 (17) (b), and shall report its findings to the department of natural resources.

AB649,50,14 (6) Financial assistance to metropolitan planning organizations. After the department has identified strategies for reducing greenhouse gas emissions from surface transportation as provided in sub. (3) (a) and developed methods and procedures for preparing multimodal transportation plans and transportation improvement programs as provided in sub. (3) (b), the department may not, from any appropriation to the department under s. 20.395 or 20.866 (2), provide financial assistance to a metropolitan planning organization unless the metropolitan planning organization has made a good faith effort to satisfy the requirements under s. 66.0309 (17) (c).

AB649,50,18 (7) Conformance with federal law. If a federal law enacted after the effective date of this subsection .... [LRB inserts date], conflicts with the requirements of this section or s. 66.0309 (17), the department shall, by rule, modify the conflicting requirements of this section or s. 66.0309 (17) to comply with the federal law.

AB649, s. 39 Section 39. 93.47 of the statutes is created to read:

AB649,50,20 93.47 Energy crop reserve program. (1) Definitions. In this section:

AB649,50,22 (a) "Agronomic practices" means agricultural practices generally associated with row cropping, including row crop production, soil management, and cultivation.

AB649,50,25 (b) "Native sod" means land on which the plant cover is composed principally of native grasses, grass-like plants, forbs, or shrubs suitable for grazing and browsing, and that has never been tilled for the production of an annual crop.

AB649,51,2 (c) "Short rotation woody crop" means a woody crop, including willows and poplars, grown using agronomic practices.

AB649,51,5 (2) Program. The department shall administer a program in which it pays persons to establish and produce any eligible perennial herbaceous crop or short rotation woody crop for the production of energy or fuel.