AB649: Bill Text

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.

AB649,51,8 (3) Contract. (a) The department may enter into a contract, for a period not to exceed 10 years, with a person who applies to participate in the program under this section if all of the following are satisfied:

AB649,51,9 1. The person is eligible under sub. (5).

AB649,51,10 2. The person's land is eligible for enrollment under sub. (6).

AB649,51,12 3. The person is producing or will produce an energy crop eligible under sub. (7).

AB649,51,13 (b) The department may renew a contract entered into under this section.

AB649,51,17 (c) A person who has entered into a contract with the department and enrolled eligible land in the program under this section may enter into additional contracts with the department to enroll additional eligible land in the program under this section.

AB649,51,19 (d) If applicable, a person who enters into a contract under this section shall comply with each of the following on all lands under the person's control:

AB649,51,21 1. Sustainable planting and harvesting requirements established by the department by rule for perennial herbaceous crops or for short rotation woody crops.

AB649,51,23 2. Notwithstanding s. 281.16 (3) (e), the performance standards, prohibitions, conservation practices, and technical standards under s. 281.16 (3) (a) to (c).

AB649,52,2 (4) Payments; limitations. (a) Subject to the limitations under par. (b), from the appropriation under s. 20.115 (4) (d), the department may make any of the following payments to a person with whom the department has entered into a contract under sub. (3) if the person is eligible for the payment:

AB649,52,5 1. Cost-sharing payments equal to a percentage, specified by the department under sub. (8) (a) 3., of the cost to establish an energy crop on the land enrolled under the contract.

AB649,52,16 2. Income replacement payments of a percentage, specified by the department under sub. (8) (a) 4., of the average annual net income the person earned from the land enrolled under the contract in the 5 consecutive years before the land was enrolled in the program under this section. The person may receive an annual payment under this subsection until the person is eligible to receive or has received a production payment under subd. 3. for energy crops harvested on land enrolled under the contract, or for the number of years specified by the department under sub. (8) (a) 4. a., whichever is less. A payment under this subdivision may replace a portion of the payment, as specified by the department under sub. (8) (a) 4. b., the person had received under the conservation reserve program under 16 USC 3831 to 3836.

AB649,52,19 3. Production payments, of an amount determined by the department under sub. (8) (a) 5., for each ton of energy crop harvested and used to produce energy or fuel or sold to a person that will use the crop to produce energy or fuel.

AB649,52,23 (b) 1. If the total amount of payments to be made under par. (a) in a fiscal year would exceed the amount available from the appropriation under s. 20.115 (4) (d), the department shall prorate the payments among all persons eligible to receive a payment under par. (a) in that fiscal year.

AB649,52,25 2. No person eligible to receive a payment under par. (a) may receive payments in excess of the amount established by the department under sub. (8) (a) 7.

AB649,53,2 (5) Eligibility. A person is eligible to participate in the program under this section if any of the following applies:

AB649,53,3 (a) The person owns land eligible to be enrolled in the program.

AB649,53,5 (b) The person controls land eligible to be enrolled in the program under a lease that covers the contract period established under sub. (3).

AB649,53,8 (6) Enrollment. (a) Except as provided in par. (b), a person eligible under sub. (5) may apply to enroll in the program under this section any land in this state that is used or suitable for growing the crops identified under sub. (7).

AB649,53,9 (b) The following land may not be enrolled in the program under this section:

AB649,53,12 1. Federally owned land, other than land in this state held in trust by the federal government for an American Indian or a federally recognized American Indian tribe or band.

AB649,53,14 2. Land owned by a municipality. In this subdivision, "municipality" has the meaning given in s. 66.0301 (1) (a).

AB649,53,16 3. Land that is in native sod on the effective date of this subdivision .... [LRB inserts date].

AB649,53,17 4. Land enrolled in the program under subch. I or subch. VI of ch. 77.

AB649,53,18 5. Land enrolled in any of the following:

AB649,53,19 a. The conservation reserve program under 16 USC 3831 to 3836.

AB649,53,20 b. The wetlands reserve program under 16 USC 3837 to 3837f.

AB649,53,21 c. The grassland reserve program under 16 USC 3838n to 3838q.

AB649,53,22 d. The biomass crop assistance program under 7 USC 8111.

AB649,53,25 (7) Eligible energy crops. (a) Except as provided in par. (b), a person may receive payments under this section for the production of any perennial herbaceous crop or short rotation woody crop to be harvested and used to produce energy or fuel.

AB649,54,2 (b) No payments may be received under this section for the growth of any of the following:

AB649,54,5 1. A crop that is produced and harvested for a purpose other than the production of energy or fuel, even if the residue of the crop may be used to produce energy or fuel.

AB649,54,7 2. Any plant identified by the department of natural resources under s. 23.22 as invasive or having the potential to become invasive.

AB649,54,8 3. Any other crop specified by the department by rule.

AB649,54,9 (8) Rule making. (a) The department shall promulgate the following by rule: