SB450: Bill Text

SB450,139,2 (4) The department shall study any greenhouse gas emission reduction regulations for motor vehicles, other than passenger cars, light-duty trucks, and medium-duty vehicles that are passenger vehicles and have gross vehicle weights of 10,000 pounds or less, that California adopts after October 1, 2009. The department shall report the results of a study under this subsection, including its conclusion regarding whether adopting the California regulations would be an effective and efficient part of this state's strategy for meeting the greenhouse gas emission reduction goals under s. 299.03 (2), to the standing committees of the legislature with jurisdiction over environmental matters under s. 13.172 (3) no later than the first day of the 7th month beginning after the effective date of this subsection .... [LRB inserts date], or beginning after California adopts a regulation, whichever is later.

SB450, s. 277 Section 277. 285.60 (11) of the statutes is created to read:

SB450,139,8 285.60 (11) Reducing greenhouse gas emissions. As part of its continual assessment under sub. (10) in 2010 and 2011, the department shall develop and implement measures to lessen permit obligations under this section and ss. 281.61 to 281.65 for the construction, reconstruction, replacement, or modification of a stationary source if all of the following apply:

SB450,139,10 (a) The owner or operator of the stationary source is not required to obtain a major source construction permit for the proposed project.

SB450,139,12 (b) The construction, reconstruction, replacement, or modification would significantly reduce emissions of greenhouse gasses, as defined in s. 299.03 (1) (d).

SB450,139,14 (c) The proposed project satisfies other requirements specified by the department by rule.

SB450, s. 278 Section 278. 285.795 of the statutes is created to read:

SB450,139,16 285.795 Low carbon fuel standard. (1) Definitions. In this section:

SB450,139,17 (a) "Carbon dioxide equivalent" has the meaning given in s. 299.03 (1) (b).

SB450,139,20 (b) "Carbon intensity" means the average amount of greenhouse gases emitted, measured as carbon dioxide equivalent, during the production, distribution, and use of a fuel per unit of energy produced by the fuel.

SB450,139,21 (c) "Greenhouse gas" has the meaning given in s. 299.03 (1) (d).

SB450,139,24 (d) "Low Carbon Fuel Standard Advisory Group" means the body established by the Midwestern Governors Association in 2009 to make recommendations on the design of state low carbon fuel standards.

SB450,140,10 (2) Rule. If the Low Carbon Fuel Standard Advisory Group makes recommendations on the design of state low carbon fuel standards and the recommendations are endorsed by the governors of a majority of the states whose governors endorsed the Midwestern Governors Association Energy Security and Climate Stewardship Platform at the Midwestern Energy Security and Climate Stewardship Summit on November 15, 2007, including the governor of this state, the department shall promulgate a rule, consistent with the recommendations, requiring a reduction in the carbon intensity of transportation fuels sold in this state below the carbon intensity of transportation fuels sold in this state as of a date specified in the rule.

SB450,140,15 (3) Cooperation with other states. If the department promulgates a rule under sub. (2), it shall cooperate with other states in effectuating the requirements under the rule, including cooperating with other states in operating a regional system for trading credits that may be used to comply with the requirements under the rule.

SB450,140,21 (4) Consultation required. If the department promulgates a rule under sub. (2), the department shall consult with the department of agriculture, trade and consumer protection, the department of commerce, the public service commission, the office of energy independence, and the University of Wisconsin-Extension in determining the carbon intensities for different types of transportation fuels necessary to implement the rule.

SB450,141,3 (5) Collection of information. (a) If the department promulgates a rule under sub. (2), the department shall consult with the department of agriculture, trade and consumer protection, the department of commerce, the department of revenue, the public service commission, and the office of energy independence to determine the method of collecting information needed to implement and enforce the rule under sub. (2) that is most cost-effective for state government and least burdensome for the persons subject to the reporting requirements.

SB450,141,7 (b) If an agency with which the department is required to consult under par. (a) has the authority under other law to collect information needed to implement and enforce a rule under sub. (2), the department may enter into an agreement with the agency to have the agency collect the information.

SB450,141,9 (c) The department of revenue may collect information needed to implement and enforce a rule under sub. (2) in the reports under s. 78.12 (1) to (3).

SB450,141,11 (6) Penalties. (a) Any person who sells a transportation fuel in violation of a rule promulgated under sub. (2) shall forfeit not more than $5,000 for each violation.

SB450,141,13 (b) Any person who fails to provide information requested by a state agency under sub. (2) or (5) shall forfeit not more than $1,000 for each violation.

SB450,141,16 (c) Each sale in violation of a rule promulgated under sub. (2) and each failure to provide information requested under sub. (2) or (5) constitutes a separate offense, and each day of continued violation is a separate offense.

SB450,141,18 (e) A court imposing a forfeiture under par. (a) or (b) shall consider all of the following in determining the amount of the forfeiture:

SB450,141,20 1. The appropriateness of the amount of the forfeiture considering the volume of business of the person subject to the forfeiture.

SB450,141,21 2. The gravity of the violation.

SB450,141,23 3. Any good faith attempt to achieve compliance after the person receives notice of the violation.

SB450, s. 279 Section 279. 285.87 (1) of the statutes is amended to read:

SB450,142,4 285.87 (1) Except as provided in s. 285.57 (5) or, 285.59 (8), or 285.795 (6), any person who violates this chapter or any rule promulgated, any permit issued or any special order issued under this chapter shall forfeit not less than $10 or more than $25,000 for each violation. Each day of continued violation is a separate offense.

SB450, s. 280 Section 280. 285.87 (2) (a) of the statutes is amended to read:

SB450,142,10 285.87 (2) (a) Except as provided in par. (b), any person who intentionally commits an act that violates, or fails to perform an act required by this chapter, except s. 285.59 or 285.795, or any rule promulgated, any permit issued or any special order issued under this chapter, except s. 285.59 or 285.795, shall be fined not more than $25,000 per day of violation or imprisoned for not more than 6 months or both.

SB450, s. 281 Section 281. 292.75 (5) of the statutes is renumbered 292.75 (5) (a).

SB450, s. 282 Section 282. 292.75 (5) (a) 2m. of the statutes is created to read:

SB450,142,13 292.75 (5) (a) 2m. Whether the project is a qualifying project under sub. (5m).

SB450, s. 283 Section 283. 292.75 (5) (b) of the statutes is created to read:

SB450,142,17 292.75 (5) (b) The department may give greater weight to the criterion under par. (a) 2m. than to the other criteria under par. (a) in determining whether to award a grant.

SB450, s. 284 Section 284. 292.75 (5m) of the statutes is created to read:

SB450,142,22 292.75 (5m) Qualifying projects. A proposed project is a qualifying project for the purposes of subs. (5) (a) 2m. and (7) (b) if the project will result in a reduction of travel, energy use, or emissions of greenhouse gases, as defined in s. 299.03 (1) (d), or if one of the following applies:

SB450,143,2 (a) The eligible site or facility 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:

SB450,143,3 1. The area is surrounded by or is adjacent to existing development.

SB450,143,6 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.

SB450,143,7 3. The area consists primarily of blighted properties.

SB450,143,9 4. The area meets other criteria, specified by the department by rule, designed to ensure that the project reduces greenhouse gas emissions.

SB450,143,12 (b) The city, village, town, or county in which the eligible site or facility is located has adopted the design standards under s. 101.027 (4) and the eligible site or facility is in an area that is subject to the design standards.

SB450,143,13 (c) All of the following apply:

SB450,143,18 1. The eligible site or facility 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.

SB450,143,24 2. The department 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 or the participation contract 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.

SB450,144,8 (d) The eligible site or facility is located in a city, village, town, or county that participates in tier I under s. 299.83 (3), the area in which the eligible site or facility 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.

SB450, s. 285 Section 285. 292.75 (7) of the statutes is renumbered 292.75 (7) (a) and amended to read:

SB450,144,14 292.75 (7) (a) The Except as provided under par. (b), the department may not distribute a grant unless the applicant contributes matching funds equal to 20% 20 percent of the grant. Matching funds may be in the form of cash or in-kind contribution or both.

SB450, s. 286 Section 286. 292.75 (7) (b) of the statutes is created to read:

SB450,144,18 292.75 (7) (b) The department may promulgate a rule that specifies a minimum contribution of matching funds by an applicant that is less than 20 percent of a grant for a project if the project is a qualifying project under sub. (5m).

SB450, s. 287 Section 287. 299.03 of the statutes is created to read:

SB450,144,20 299.03 Greenhouse gas emission goals. (1) Definitions. In this section:

SB450,145,2 (a) "Annual net greenhouse gas emissions" means the amount of greenhouse gasses, measured as tons of carbon dioxide equivalent, emitted to the atmosphere by all sources and activities in this state in a year minus the amount of greenhouse gasses, measured as tons of carbon dioxide equivalent, removed from the atmosphere by all sources and activities , including by carbon sequestration, in this state in the year.

SB450,145,6 (b) "Carbon dioxide equivalent" means the amount of carbon dioxide that has the equivalent radiative effect as a specified amount of a greenhouse gas, calculated by multiplying the specified amount of the greenhouse gas by its global warming potential.

SB450,145,8 (bm) "Carbon sequestration" means the long-term storage of carbon in water bodies, soil, vegetation, or geologic formations.

SB450,145,10 (c) "Global warming potential" means the relative radiative effect of a greenhouse gas compared to the radiative effect of carbon dioxide.

SB450,145,13 (d) "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, sulphur hexafluoride, nitrogen trifluoride, a hydrofluorocarbon, a perfluorocarbon, or any other gas identified by the department under sub. (4).

SB450,145,15 (dm) "Radiative effect" means the capability of a gas in the atmosphere to absorb infrared radiation that is emitted from the earth's surface.

SB450,145,17 (e) "Renewable energy generation" means the generation of energy using a renewable resource, as defined in s. 196.374 (1) (j).

SB450,145,18 (f) "Zero net energy building" means one of the following:

SB450,145,20 1. A building that annually, based on a 3-year average, uses no more energy than is provided by on-site renewable energy generation.

SB450,145,24 2. One of 2 or more buildings that have an integrated system of energy supply and use and that together annually, based on a 3-year average, use no more energy than is provided by renewable energy generation that is part of the integrated system.

SB450,146,3 (2) Greenhouse gas emission reduction goals. (a) It is the goal of this state that annual net greenhouse gas emissions in 2014 are no greater than annual net greenhouse gas emissions in 2005.

SB450,146,5 (b) It is the goal of this state that annual net greenhouse gas emissions in 2022 are at least 22 percent less than annual net greenhouse gas emissions in 2005.

SB450,146,8 (c) It is the goal of this state that annual net greenhouse gas emissions in 2050 and each year thereafter are at least 75 percent less than annual net greenhouse gas emissions in 2005.

SB450,146,10 (d) It is the goal of this state to make continuous progress in reducing net greenhouse gas emissions in order to achieve the goals in pars. (a), (b), and (c).

SB450,146,13 (3) New building energy use goal. It is the goal of this state that, by 2030, all newly constructed residential and commercial buildings are zero net energy buildings.

SB450,146,17 (3m) Statewide energy conservation goals. (a) Electricity. It is the goal of this state to reduce the statewide consumption of electricity in each year by an amount not less than the product of the public service commission's projection of the statewide consumption of electricity for the year and the following percentages:

SB450,146,18 1. In 2011, 1 percent.

SB450,146,19 2. In 2012, 1.25 percent.

SB450,146,20 3. In 2013, 1.5 percent.

SB450,146,21 4. In 2014, 1.75 percent.

SB450,146,22 5. In 2015 and each year thereafter, 2 percent.

SB450,147,2 (b) Liquified petroleum gas, heating oil, and natural gas. It is the goal of this state to reduce the statewide consumption of liquified petroleum gas, heating oil, and natural gas in each year by an amount not less than the product of the public service commission's projection of statewide consumption of liquified petroleum gas, heating oil, and natural gas for the year and the following percentages:

SB450,147,3 1. In 2011, 0.5 percent.

SB450,147,4 2. In 2012, 0.75 percent.

SB450,147,5 3. In 2013 and each year thereafter, 1 percent.

SB450,147,7 (4) Rule making. The department may promulgate rules identifying additional gasses as greenhouse gasses.

SB450,147,10 (5) Information and analyses. (a) Emission and sequestration information. The department shall periodically collect or estimate information concerning all of the following:

SB450,147,13 1. Amounts of greenhouse gas emissions from sectors of this state's economy, including from stationary and mobile sources of greenhouse gas emissions, and from natural systems in this state associated with various types of land uses.

SB450,147,15 2. Amounts of carbon sequestered by natural systems in this state associated with various types of land uses.

SB450,147,22 (b) Comprehensive accounting system. 1. As part of its activities under par. (a), the department shall develop and maintain a comprehensive accounting system to estimate the net annual emissions of greenhouse gases from natural systems in this state in 2005 and changes in these emissions in subsequent years due to significant changes in land cover or in the management of land. The department shall ensure that the system identifies greenhouse gas emissions for at least agricultural, forestry, grassland, wetland, urban, and suburban land uses.

SB450,148,2 2. The department shall design and operate the system under subd. 1. to produce statistically valid data, for use in each of the assessments under sub. (6), that can be used to estimate the emissions and changes in emissions specified in subd. 1. and to provide information for the smallest land areas consistent with economic practicality, but in no case larger than a county.

SB450,148,4 3. The department shall include a land cover database in the system under subd. 1.

SB450,148,8 4. The department may design and operate the system under subd. 1. to serve other purposes, including use in climate change programs related to public education, the management and supply of bioenergy feedstocks, and sustainable forest management.

SB450,148,14 (c) Inventories and analyses. The department shall periodically prepare inventories and analyses of the information collected or estimated under par. (a) that include inventories of greenhouse gas emissions from man-made sources in 2005 and of net greenhouse gas emissions from natural systems in 2005 and trends in greenhouse gas emissions from man-made sources and of net greenhouse gas emissions from natural systems adjusted for all of the following:

SB450,148,16 1. Meteorological, economic, and other variable factors that cause significant deviations from normal trends.

SB450,148,18 2. Changes in energy use, fuel composition, and other factors likely to permanently affect future emissions, or sequestration, of greenhouse gases.

SB450,148,25 (d) Emission reporting requirements. 1. The department shall promulgate a rule to revise the air contaminant emissions reporting requirements under ss. 285.17 and 299.15 (1) and (2) in effect on the effective date of this subdivision .... [LRB inserts date], to set the reporting level for carbon dioxide at 10,000 tons per year and to require a person owning or operating a stationary source who is required to report carbon dioxide emissions to also report methane and nitrous oxide emissions from the combustion of a solid, liquid, or gaseous fuel.