Amendment ASA1-AB649

AB649-ASA1,121,14 (c) The assessments under sub. (6).

AB649-ASA1,121,17 (9) Policy review and report. (a) No later than June 1, 2014, and every 4 years thereafter, the climate change coordinating council shall submit a report to the legislature, under s. 13.172 (2), and to the governor on all of the following:

AB649-ASA1,121,23 1. Whether this state is achieving the applicable greenhouse gas emission reduction goal in sub. (2) (a), (b), or (c), whether the state is making continuous progress in reducing net greenhouse gas emissions in accordance with sub. (2) (d), and whether this state is likely to achieve its future greenhouse gas emission reduction goals in sub. (2) and, if not, recommended changes in programs needed to achieve the goals.

AB649-ASA1,121,25 2. Other recommended changes in state and local governmental climate change goals and programs.

AB649-ASA1,122,3 3. The likely reductions in net greenhouse gas emissions and effects on energy use in this state and on the state's economy associated with each program change recommended under subds. 1. and 2.

AB649-ASA1,122,5 4. Whether any climate change goals should be modified and whether any new climate change goals should be created.

AB649-ASA1,122,10 (b) The climate change coordinating council shall base its report under par. (a) on the assessment under sub. (6) and other information received by the council and shall include in the report a summary of the assessments and reports related to climate change that state agencies are required to submit to the department or the council.

AB649-ASA1,122,16 (10) Internet site. (a) The department, in consultation with the climate change coordinating council, and the administrator of the statewide energy efficiency and renewable resource programs under s. 196.374 (2) (a) 1., and other appropriate public and private entities providing educational and training programs on climate change to the public shall establish and maintain an Internet site on climate change.

AB649-ASA1,122,18 (b) The department shall make all of the following available on the Internet site under par. (a):

AB649-ASA1,122,19 1. The information under sub. (5) (a).

AB649-ASA1,122,20 2. The inventories and analyses under sub. (5) (c).

AB649-ASA1,122,21 3. The assessments under sub. (6).

AB649-ASA1,122,22 4. The reports under sub. (9).

AB649-ASA1,122,24 5. The assessments and reports related to climate change that state agencies are required to submit to the department or the climate change coordinating council.

AB649-ASA1, s. 299 Section 299. 299.035 of the statutes is created to read:

AB649-ASA1,123,2 299.035 Climate change coordinating council. (1) Definition. In this section, "council" means the climate change coordinating council.

AB649-ASA1,123,3 (2) Duties. (a) The council shall prepare reports under s. 299.03 (9).

AB649-ASA1,123,5 (b) The council shall assist state agencies in improving and coordinating their programs relating to climate change.

AB649-ASA1,123,11 (c) The council, in consultation with the administrator of the statewide energy efficiency and renewable resource programs under s. 196.374 (2) (a) 1., and other appropriate public and private entities providing educational and training programs on climate change to the public, shall promote and coordinate state educational and training programs related to climate change, including programs that provide information on all of the following:

AB649-ASA1,123,13 1. State goals for the reduction of net greenhouse gas emissions and other related state goals for reducing the consumption of fossil fuels.

AB649-ASA1,123,15 2. Assessments, under s. 299.03 (6) and (9), of changes in net greenhouse gas emissions in this state and of state climate change goals and programs.

AB649-ASA1,123,18 3. Activities by state agencies to meet goals for the reductions of their greenhouse gas emissions and to meet their related goals for energy efficiency and the use of energy derived from renewable sources.

AB649-ASA1,123,20 4. State, local, and federal governmental programs related to or affecting climate change.

AB649-ASA1,123,22 5. Actions that persons can take to reduce the amount of their greenhouse gas emissions.

AB649-ASA1,123,24 6. Other significant mitigation and adaptation strategies that address climate change.

AB649-ASA1,123,25 7. The causes and effects of climate change.

AB649-ASA1,124,3 (d) The council shall give priority under par. (a) to promoting and coordinating programs for students in kindergarten through 12th grade and to undergraduate and graduate students and their teachers.

AB649-ASA1,124,9 (3) Subcommittees. The council may create subcommittees to assist in its work. The council may appoint to its subcommittees members of the council, employees of the agencies with members on the council, employees of other state agencies, representatives of counties and municipalities, and others. The council shall consider the need for subcommittees on the subjects within the scope of its duties under sub. (2) and other subjects determined to be appropriate by the council.

AB649-ASA1,124,11 (4) Support. The state agencies with membership on the council and its subcommittees shall provide adequate staff to conduct the functions of the council.

AB649-ASA1, s. 300 Section 300. 299.04 of the statutes is created to read:

AB649-ASA1,124,14 299.04 Report on greenhouse gas cap and trade program. (1) In this section:

AB649-ASA1,124,17 (a) "Cap and trade program" means a program that imposes limits on emissions of greenhouse gases from specified sources of emissions and that provides for the trading of allowances that may be used to satisfy those limits.

AB649-ASA1,124,18 (b) "Greenhouse gas" has the meaning given in s. 299.03 (1) (d).

AB649-ASA1,124,21 (2) The department shall submit a report to the appropriate standing committees of the legislature, under s. 13.172 (3), and to the governor if any of the following occurs:

AB649-ASA1,124,22 (a) Enactment of federal legislation creating a federal cap and trade program.

AB649-ASA1,124,23 (b) Adoption of a federal regulation creating a federal cap and trade program.

AB649-ASA1,125,3 (c) Recommendation of a regional cap and trade program by governors of midwestern states, including the governor of this state, that would be applicable to any person in this state.

AB649-ASA1,125,8 (3) The department shall include in the report under sub. (2) a description of the cap and trade program and recommendations on any legislation that would be necessary to implement the cap and trade program in this state. In preparing the report under sub. (2), the department shall consult with state agencies that would be affected by the cap and trade program.

AB649-ASA1, s. 301 Section 301. 299.045 of the statutes is created to read:

AB649-ASA1,125,11 299.045 Greenhouse gas emissions by state agencies. (1) Definitions. In this section:

AB649-ASA1,125,16 (a) "Agency" means the department of administration, the department of agriculture, trade and consumer protection, the department of corrections, the department of health services, the department of natural resources, the department of public instruction, the department of transportation, the department of veterans affairs, and the Board of Regents of the University of Wisconsin System.

AB649-ASA1,125,17 (b) "Biomass" has the meaning given in s. 196.374 (1) (am).

AB649-ASA1,125,18 (c) "Global warming potential" has the meaning given in s. 299.03 (1) (c).

AB649-ASA1,125,19 (d) "Greenhouse gas" has the meaning given in s. 299.03 (1) (d).

AB649-ASA1,125,24 (2) Analysis. No later than the first day of the 13th month beginning after the date on which the department of administration prescribes the initial guidelines and protocols under s. 16.954 (2), each agency shall prepare an analysis that estimates the amount of greenhouse gas emissions that are attributable to activities of the agency in calendar years 2005 and 2010.

AB649-ASA1,125,25 (3) Development and achievement of goals. Each agency shall:

AB649-ASA1,126,4 (a) Establish achievable goals for the reduction of greenhouse gas emissions identified in its analysis under sub. (2) which shall include a reduction by January 1, 2020, to an annual amount that is 22 percent lower than the annual amount attributable to the agency in 2005.

AB649-ASA1,126,6 (b) Develop a plan for achieving the goals established in par. (a) by means of specific actions to be taken and completed no later than January 1, 2020.

AB649-ASA1,126,9 (4) Elements of plan. In developing its plan under sub. (3) (b), each agency shall consider all cost-effective and technically feasible opportunities to reduce greenhouse gas emissions, including:

AB649-ASA1,126,10 (a) Increasing the efficiency of energy use by the agency.

AB649-ASA1,126,11 (b) Installing renewable energy systems in facilities used by the agency.

AB649-ASA1,126,12 (c) Purchasing energy derived from renewable resources for use by the agency.

AB649-ASA1,126,13 (d) Increasing the efficiency of boilers in existing facilities used by the agency.

AB649-ASA1,126,15 (e) Converting boilers in existing facilities used by the agency to fuels that result in lower net greenhouse gas emissions, including biomass fuels.

AB649-ASA1,126,17 (f) Reducing transportation-related emissions by the agency in all of the following ways:

AB649-ASA1,126,19 1. Converting the agency's on-road and off-road vehicle fleet to vehicles that are more efficient, or that use renewable fuels, or both.

AB649-ASA1,126,21 2. Encouraging teleconferencing in lieu of attending in-person meetings that require travel to meeting sites.

AB649-ASA1,126,23 3. Encouraging employees of the agency to telecommute, carpool, bicycle, walk, or use public transit.

AB649-ASA1,126,25 4. Reducing the idling of on-road and off-road motor vehicles operated by the agency.

AB649-ASA1,127,5 5. Reducing the idling of on-road and off-road motor vehicles operated by any person who enters into a contract with an agency and who receives payments under that contract from moneys appropriated by this state with respect to services performed under the contract, whether or not within this state, during the period that the contract is in effect.

AB649-ASA1,127,8 6. Converting the refrigerants used in on-road and off-road motor vehicles in the vehicle fleet maintained by the agency to refrigerants with low global warming potential.

AB649-ASA1,127,10 7. Purchasing fuels for on-road and off-road motor vehicles used by the agency that are derived in whole or in part from renewable resources.

AB649-ASA1,127,11 8. Any other appropriate means.

AB649-ASA1,127,12 (g) Reducing the water and other materials used by the agency.

AB649-ASA1,127,13 (h) Increasing the recycling of waste generated by the agency.

AB649-ASA1,127,15 (i) Planting trees or deep-rooted, herbaceous, perennial plants on lands controlled by the agency, including highway rights-of-way and building grounds.

AB649-ASA1,127,19 (5) Biennial reports. No later than March 1 of each odd-numbered year each agency shall report to the department of administration in the form specified by that department concerning its progress toward achieving or success in maintaining adherence to the goals established by the agency under sub. (3) (a).

AB649-ASA1,127,23 (6) Idling reduction assistance. The department shall assist agencies in identifying opportunities to reduce greenhouse gas emissions through development of idling reduction techniques for incorporation into agency plans under sub. (4) (f) 4. and 5.

AB649-ASA1, s. 302 Section 302. 299.97 (1) of the statutes is amended to read:

AB649-ASA1,128,6 299.97 (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-ASA1, s. 303 Section 303. 343.32 (2) (bs) of the statutes is created to read:

AB649-ASA1,128,9 343.32 (2) (bs) The scale adopted by the secretary may not assess any demerit points for a violation of s. 346.947.

AB649-ASA1, s. 304 Section 304. 346.947 of the statutes is created to read:

AB649-ASA1,128,15 346.947 Idling of motor vehicles used for commercial purposes. (1) Except as provided in sub. (5), and subject to sub. (3), an operator of a motor vehicle designed primarily for on-highway operation, and the operator's employer, may not, while the vehicle is being used for commercial purposes, cause or permit the vehicle's primary propulsion engine to idle for more than 5 minutes in any 60 minute period.

AB649-ASA1,128,19 (2) Except as provided in sub. (5), and subject to sub. (3), an operator of a motor vehicle designed primarily for off-highway operation may not, while the vehicle is being used for commercial purposes, cause or permit the vehicle's primary propulsion engine to idle for more than 5 consecutive minutes when the vehicle is not in use.

AB649-ASA1,129,2 (3) (a) Except as provided in par. (c), an operator of a motor vehicle designed primarily for on-highway operation, and the operator's employer, may not, while the vehicle is being used for commercial purposes, cause or permit the vehicle's primary propulsion engine to idle within 100 feet of an occupied school, day care or child care center, hospital, or facility for housing the elderly, if the school, day care or child care center, hospital, or facility for housing the elderly is clearly marked as a school, day care or child care center, hospital, or facility for housing the elderly by signage visible from the roadway.

AB649-ASA1,129,9 (b) Except as provided in par. (c), an operator of a motor vehicle designed primarily for off-highway operation may not, while the vehicle is being used for commercial purposes at a construction site, cause or permit the vehicle's primary propulsion engine to idle within 100 feet of an occupied school, day care or child care center, hospital, or facility for housing the elderly, if the school, day care or child care center, hospital, or facility for housing the elderly is identified on the project plan documents for the construction site, as required under sub. (7).

AB649-ASA1,129,13 (c) Paragraph (a) does not apply with respect to any of the motor vehicles or circumstances specified in sub. (5) (a) to (h), (j) to (o), (q), and (s). Paragraph (b) does not apply with respect to any of the motor vehicles or circumstances specified in sub. (5) (d) to (g), (j), (m), (p), (r), and (t).

AB649-ASA1,129,19 (4) A person operating a location where a motor vehicle subject to sub. (1) that is used to transport property is loaded or unloaded may not require an operator of the vehicle to idle the vehicle's primary propulsion engine for a period longer than 30 minutes by directing that the vehicle be kept running pending the loading or unloading of the vehicle at that location. This subsection does not apply if an exception under sub. (5) applies with respect to the vehicle.

AB649-ASA1,129,20 (5) Subsections (1) and (2) do not apply to any of the following:

AB649-ASA1,129,22 (a) The period when a motor vehicle remains motionless because of traffic, an official traffic control device, or the direction of a traffic officer.

AB649-ASA1,129,25 (b) The period when a motor vehicle's defroster, heater, air conditioner, medical equipment, or emergency lighting is being operated on the motor vehicle to prevent a safety or health emergency and not as part of a rest period.

AB649-ASA1,130,2 (c) An authorized emergency vehicle or military vehicle being used in the course of official business.

AB649-ASA1,130,5 (d) The idling of a motor vehicle's primary propulsion engine for maintenance, servicing, repair, or diagnostic purposes if the idling is necessary to accomplish any of these purposes.

AB649-ASA1,130,8 (e) The idling of a motor vehicle as part of a state or federal vehicle inspection to verify that all of the vehicle's equipment is in good working order if the idling is required as part of the inspection.

AB649-ASA1,130,12 (f) The period when the idling of a motor vehicle's primary propulsion engine is necessary to power work-related mechanical or electrical operations, excluding operations related to propulsion, cabin comfort, or nonessential on-board equipment but including any of the following operations:

AB649-ASA1,130,13 1. Mixing, dumping, or processing cargo.

AB649-ASA1,130,15 2. Operating a lift, generator, crane, pump, drill, hoist, or other auxiliary mechanical equipment.