AB649-ASA1,136,2518 (d) The project is located in a municipality that participates in tier I under s.
19299.83 (3), the area in which the project is located is affected by the participation in
20tier I, and the department of natural resources determines, in consultation with the
21department of commerce, the department of administration, the public service
22commission, and the office of energy independence, that the participation in tier I is
23likely to result in significant reductions in emissions of greenhouse gases, as defined
24in s. 299.03 (1) (d), or in energy use by public or private entities within the
25municipality.
AB649-ASA1, s. 313
1Section 313. 560.081 (2) (e) of the statutes is amended to read:
AB649-ASA1,137,112 560.081 (2) (e) Annually select, upon application, up to 5 municipalities to
3participate in the state main street program. The program for each municipality
4shall conclude after 3 years, except that the program for each municipality selected
5after July 29, 1995, shall conclude after 5 years. The department shall select
6program participants representing various geographical regions and populations,
7and may give greater weight to a municipality that has proposed a project that is a
8qualifying project under sub. (1m)
. A municipality may apply to participate, and the
9department may select a municipality for participation, more than one time. In
10selecting a municipality, however, the department may give priority to those
11municipalities that have not previously participated.
AB649-ASA1, s. 314 12Section 314. 560.081 (2) (f) 6. of the statutes is created to read:
AB649-ASA1,137,1413 560.081 (2) (f) 6. Whether a project proposed by a municipality that has applied
14to participate in the program under par. (e) is a qualifying project under sub. (1m).
AB649-ASA1, s. 315 15Section 315. 560.13 (2) (b) 2. of the statutes is amended to read:
AB649-ASA1,137,2216 560.13 (2) (b) 2. For Except as provided in subd. 3., for a grant that does not
17exceed $300,000, the recipient shall be required to contribute not less than 20% of
18the cost of the project. For Except as provided in subd. 3., for a grant that is greater
19than $300,000 but that does not exceed $700,000, the recipient shall be required to
20contribute not less than 35% of the cost of the project. For Except as provided in subd.
213., for
a grant that is greater than $700,000 but that does not exceed $1,250,000, the
22recipient shall be required to contribute not less than 50% of the cost of the project.
AB649-ASA1, s. 316 23Section 316. 560.13 (2) (b) 3. of the statutes is created to read:
AB649-ASA1,138,3
1560.13 (2) (b) 3. The department may promulgate a rule that specifies a
2minimum contribution by a recipient that is less than the percentage of the cost of
3the project specified in subd. 2. if all of the following apply:
AB649-ASA1,138,44 a. The recipient is a city, village, town, or county.
AB649-ASA1,138,55 b. The project is a qualifying project.
AB649-ASA1, s. 317 6Section 317. 560.13 (3) (intro.) of the statutes, as affected by 2009 Wisconsin
7Act 28
, is amended to read:
AB649-ASA1,138,108 560.13 (3) (intro.) The department may consider the following criteria in
9making awards under this section, and shall give additional consideration to a
10project that satisfies the criteria under par. (em)
:
AB649-ASA1, s. 318 11Section 318. 560.13 (3) (em) of the statutes is created to read:
AB649-ASA1,138,1212 560.13 (3) (em) The project is a qualifying project under sub. (3m).
AB649-ASA1, s. 319 13Section 319. 560.13 (3m) of the statutes is created to read:
AB649-ASA1,138,1714 560.13 (3m) A proposed project is a "qualifying project" for purposes of subs.
15(2) (b) 3. b. and (3) (em) if the project is proposed by a city, village, town, or county
16and the project will result in a reduction in travel, energy use, or the emission of
17greenhouse gases, as defined in s. 299.03 (1) (d), or if any of the following applies:
AB649-ASA1,138,2018 (a) The project is located in an area that is designated for traditional
19neighborhood development, as defined in s. 66.1027 (1) (c), in a comprehensive plan
20adopted under s. 66.1001 and at least one of the following applies:
AB649-ASA1,138,2121 1. The area is surrounded by or is adjacent to existing development.
AB649-ASA1,138,2422 2. The area is within a sewer service territory in the sewer service area
23provisions of an areawide water quality management plan under s. 283.83 approved
24by the department of natural resources.
AB649-ASA1,138,2525 3. The area consists primarily of blighted properties.
AB649-ASA1,139,2
14. The area meets other criteria, specified by the department by rule, designed
2to ensure that the project reduces greenhouse gas emissions.
AB649-ASA1,139,53 (b) The city, village, town, or county in which the project is located has adopted
4the design standards under s. 101.027 (4) and the project is in an area that is subject
5to the design standards.
AB649-ASA1,139,66 (c) All of the following apply:
AB649-ASA1,139,107 1. The project is located in an area that is subject to either a charter under s.
8299.83 (7e) issued to an association of entities that includes the city, village, town,
9or county in which the area is located or a participation contract under s. 299.83 (6)
10entered into by the city, village, town, or county in which the area is located.
AB649-ASA1,139,1611 2. The department of natural resources determines, in consultation with the
12department of commerce, the department of administration, the public service
13commission, and the office of energy independence, that implementation of the
14charter is likely to result in significant reductions in emissions of greenhouse gases,
15as defined in s. 299.03 (1) (d), or in energy use by public or private entities within the
16city, village, town, or county.
AB649-ASA1,139,2417 (d) The project is located in a city, village, town, or county that participates in
18tier I under s. 299.83 (3), the area in which the project is located is affected by the
19participation in tier I, and the department of natural resources determines, in
20consultation with the department of commerce, the department of administration,
21the public service commission, and the office of energy independence, that the
22participation in tier I is likely to result in significant reductions in emissions of
23greenhouse gases, as defined in s. 299.03 (1) (d), or in energy use by public or private
24entities within the city, village, town, or county.
AB649-ASA1, s. 320
1Section 320. 560.205 (1) (g) of the statutes, as affected by 2009 Wisconsin Act
22
, is amended to read:
AB649-ASA1,140,83 560.205 (1) (g) It is not primarily engaged in real estate development,
4insurance, banking, lending, lobbying, political consulting, professional services
5provided by attorneys, accountants, business consultants, physicians, or health care
6consultants, wholesale or retail trade, leisure, hospitality, transportation, or
7construction, except construction of power production plants that derive energy from
8a renewable resource, as defined in s. 196.378 (1) (h) 196.374 (1) (j).
AB649-ASA1, s. 321 9Section 321. 560.302 of the statutes, as created by 2009 Wisconsin Act 28, is
10renumbered 560.302 (2m), and 560.302 (2m) (intro.) and (h), as renumbered, are
11amended to read:
AB649-ASA1,140,1412 560.302 (2m) (intro.) Upon receipt of an application by an any eligible
13recipient, the department may consider any of the following in determining whether
14to award a grant or make a loan under s. 560.304:
AB649-ASA1,140,2015 (h) Any other criteria established by the department by rule, including the
16types of projects that are eligible for funding and the types of eligible projects that
17will receive priority. The criteria established under this paragraph shall include a
18criterion that requires the department to give additional consideration to an eligible
19activity proposed by an eligible recipient that is a municipality if the eligible activity
20is described in sub. (1m).
AB649-ASA1, s. 322 21Section 322. 560.302 (1m) of the statutes is created to read:
AB649-ASA1,141,222 560.302 (1m) Upon receipt of an application by an eligible recipient that is a
23municipality, the department shall consider whether an eligible activity proposed by
24that municipality will result in a reduction in travel, energy use, or the emission of

1greenhouse gases, as defined in s. 299.03 (1) (d), or whether one of the following
2applies to that eligible activity:
AB649-ASA1,141,53 (a) The eligible activity is located in an area that is designated for traditional
4neighborhood development, as defined in s. 66.1027 (1) (c), in a comprehensive plan
5adopted under s. 66.1001 and at least one of the following applies:
AB649-ASA1,141,66 1. The area is surrounded by or is adjacent to existing development.
AB649-ASA1,141,97 2. The area is within a sewer service territory in the sewer service area
8provisions of an areawide water quality management plan under s. 283.83 approved
9by the department of natural resources.
AB649-ASA1,141,1010 3. The area consists primarily of blighted properties.
AB649-ASA1,141,1211 4. The area meets other criteria, specified by the department by rule, designed
12to ensure that the eligible activity reduces greenhouse gas emissions.
AB649-ASA1,141,1513 (b) The municipality in which the eligible activity is located has adopted the
14design standards under s. 101.027 (4) and the eligible activity is in an area that is
15subject to the design standards.
AB649-ASA1,141,1616 (c) All of the following apply:
AB649-ASA1,141,2017 1. The eligible activity is located in an area that is subject to either a charter
18under s. 299.83 (7e) issued to an association of entities that includes the municipality
19in which the area is located or a participation contract under s. 299.83 (6) entered into
20by the municipality in which the area is located.
AB649-ASA1,142,221 2. The department of natural resources determines, in consultation with the
22department of commerce, the department of administration, the public service
23commission, and the office of energy independence, that implementation of the
24charter is likely to result in significant reductions in emissions of greenhouse gases,

1as defined in s. 299.03 (1) (d), or in energy use by public or private entities within the
2municipality.
AB649-ASA1,142,103 (d) The eligible activity is located in a municipality that participates in tier I
4under s. 299.83 (3), the area in which the eligible activity is located is affected by the
5participation in tier I, and the department of natural resources determines, in
6consultation with the department of commerce, the department of administration,
7the public service commission, and the office of energy independence, that the
8participation in tier I is likely to result in significant reductions in emissions of
9greenhouse gases, as defined in s. 299.03 (1) (d), or in energy use by public or private
10entities within the municipality.
AB649-ASA1, s. 323 11Section 323. 560.305 (4) of the statutes, as created by 2009 Wisconsin Act 28,
12is renumbered 560.305 (4) (a) and amended to read:
AB649-ASA1,142,1513 560.305 (4) (a) The Except as provided in par. (b), the board shall require, as
14a condition of a grant or loan, that a recipient contribute to a project an amount that
15is not less than 25 percent of the amount of the grant or loan.
AB649-ASA1, s. 324 16Section 324. 560.305 (4) (b) of the statutes is created to read:
AB649-ASA1,142,1917 560.305 (4) (b) The department may promulgate a rule that specifies a
18minimum contribution by an eligible recipient that is less than 25 percent of the
19amount of the grant or loan if all of the following apply:
AB649-ASA1,142,2020 1. The eligible recipient is a municipality.
AB649-ASA1,142,2221 2. The eligible recipient has proposed an eligible activity that satisfies the
22criteria in s. 560.302 (1m).
AB649-ASA1,142,2323 3. The eligible recipient receives a grant or loan under this subchapter.
AB649-ASA1, s. 325 24Section 325. 1983 Wisconsin Act 401, section 1 is repealed.
AB649-ASA1, s. 9101 25Section 9101. Nonstatutory provisions; Administration.
AB649-ASA1,143,4
1(1) Greenhouse gas emissions by state agencies; guidelines and protocols.
2T
he department of administration shall prescribe initial guidelines and protocols
3under section 16.954 (2) of the statutes, as created by this act, no later than the first
4day of the 13th month beginning after the effective date of this subsection.
AB649-ASA1,143,85 (2) Greenhouse gas emissions by state agencies; initial report.
6Notwithstanding section 16.954 (6) of the statutes, as created by this act, the
7department of administration shall submit its initial report under that subsection
8no later than July 1, 2013.
AB649-ASA1,143,18 9(3) Levy limits exception. Using the procedure under section 227.24 of the
10statutes, the department of administration may promulgate the rules required
11under section 66.0602 (3) (e) 9. of the statutes for the period before the effective date
12of the permanent rule promulgated under that section but not to exceed the period
13authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding
14section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of administration
15is not required to provide evidence that promulgating a rule under this subsection
16as an emergency rule is necessary for the preservation of the public peace, health,
17safety, or welfare and is not required to provide a finding of emergency for a rule
18promulgated under this subsection.
AB649-ASA1, s. 9110 19Section 9110. Nonstatutory provisions; Commerce.
AB649-ASA1,143,2420 (1) Agricultural facilities energy conservation code. The department of
21commerce shall submit in proposed form the rules required under section 101.028 of
22the statutes, as created by this act, to the legislative council staff under section
23227.15 (1) of the statutes no later than the first day of the 25th month beginning after
24the effective date of this subsection.
AB649-ASA1, s. 9137 25Section 9137. Nonstatutory provisions; Natural Resources.
AB649-ASA1,144,5
1(1) Air permit streamlining rules. The department of natural resources shall
2submit in proposed form the rules to implement section 285.60 (11) of the statutes,
3as created by this act, to the legislative council staff under section 227.15 (1) of the
4statutes no later than the first day of the 18th month beginning after the effective
5date of this subsection.
AB649-ASA1,144,10 6(2) Forest grant program. The department of natural resources shall submit
7in proposed form the rules required under section 26.38 (3) (d) of the statutes, as
8created by this act, to the legislative council staff under section 227.15 (1) of the
9statutes no later than the first day of the 7th month beginning after the effective date
10of this subsection.
AB649-ASA1,144,19 11(3) Biomass availability study. The department of natural resources shall
12create a committee consisting of representatives of state agencies and of groups with
13interests in the production, availability, and use of biomass. The committee shall
14study the availability of different types of biomass throughout the state and the
15impact that the use of biomass for energy production has on prices for biomass and
16shall evaluate the highest and best uses for biomass. The committee shall submit
17the results of the study and evaluation to the legislature, in the manner provided
18under section 13.172 (2) of the statutes, and to the governor no later than July 1,
192012.
AB649-ASA1, s. 9141 20Section 9141. Nonstatutory provisions; Public Service Commission.
AB649-ASA1,144,2121 (1) Renewable portfolio standard report.
AB649-ASA1,144,2222 (a) In this subsection:
AB649-ASA1,144,24 231. "Electric provider" has the meaning given in section 196.378 (1r) (c) of the
24statutes, as affected by this act.
AB649-ASA1,145,2
12. "Renewable portfolio standard" has the meaning given in section 196.378
2(1r) (gm) of the statutes, as created by this act.
AB649-ASA1,145,53 (b) The public service commission shall study options for ensuring that electric
4providers are able to comply with the renewable portfolio standard, including options
5for doing all of the following with regard to renewable energy construction projects:
AB649-ASA1,145,6 61. Streamlining the regulatory approval and siting process.
AB649-ASA1,145,8 72. Encouraging proposals that encompass multiple projects, with multiproject,
8integrative plans for the acquisition of sites, equipment, and contractors.
AB649-ASA1,145,10 93. Approving multiyear commitments for the acquisition of necessary
10equipment in a timely manner, with appropriate recovery of development costs.
AB649-ASA1,145,12 114. Encouraging larger electric providers to partner with smaller electric
12providers.
AB649-ASA1,145,1713 (c) No later than 6 months after the effective date of this paragraph, the public
14service commission shall submit a report to the legislature and governor under
15section 13.172 (2) of the statutes that describes the actions the commission has taken
16or proposes to take to implement the options specified in paragraph (b) and any
17recommendations for legislation necessary to fully implement the options.
AB649-ASA1,145,25 18(2) Large energy customer program rules. The public service commission
19shall study the rules it has promulgated under section 196.374 (3) (f) 3. of the statutes
20to determine whether the rules provide adequate opportunities for creating
21programs under section 196.374 (2) (c) of the statutes. No later than 6 months after
22the effective date of this subsection, the public service commission shall submit a
23report to the legislature in the manner provided under section 13.172 (2) of the
24statutes and to the governor that describes the commission's findings and the actions
25the commission has taken or intends to take to correct any deficiencies in the rules.
AB649-ASA1,146,5
1(3) Portfolio credit rules. The public service commission shall submit in
2proposed form the rules required under section 196.378 (3) (a) 5., (b), and (c) 4. of the
3statutes, as created by this act, to the legislative council staff under section 227.15
4(1) of the statutes no later than the first day of the 6th month beginning after the
5effective date of this subsection.
AB649-ASA1,146,66 (4) Conservation certificate and capital investment rules.
AB649-ASA1,146,167 (a) Using the procedure under section 227.24 of the statutes, the public service
8commission shall promulgate rules required under section 196.378 (3m) (b) and (c)
93. of the statutes, as created by this act, for the period before the effective date of the
10permanent rules promulgated under that section, but not to exceed the period
11authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding
12section 227.24 (1) (a), (2) (b), and (3) of the statutes, the public service commission
13is not required to provide evidence that promulgating a rule under this paragraph
14as an emergency rule is necessary for the preservation of public peace, health, safety,
15or welfare and is not required to provide a finding of an emergency for a rule
16promulgated under this paragraph.
AB649-ASA1,146,2117 (b) The public service commission shall submit in proposed form the rules
18required under section 196.378 (3m) (b) and (c) 3. of the statutes, as created by this
19act, to the legislative council staff under section 227.15 (1) of the statutes no later
20than the first day of the 6th month beginning after the effective date of this
21paragraph.
AB649-ASA1,147,422 (c) Before the date on which the rules required under section 196.378 (3m) (b)
23and (c) 3. of the statutes, as created by this act, are promulgated, the public service
24commission shall administer section 196.378 (3m) of the statutes, as created by this
25act, according to policies and procedures established by that public service

1commission, but not promulgated as rules, notwithstanding the absence of rules to
2administer that section. The public service commission shall make available to the
3public on its Internet Web site the policies and procedures established by the
4commission under this paragraph.
AB649-ASA1,147,165 (d) Before the date on which the rules required under section 196.374 (9) (b) of
6the statutes, as created by this act, are promulgated, the public service commission
7shall administer section 196.374 (9) (a) of the statutes, as created by this act,
8according to policies and procedures established by the public service commission,
9but not promulgated as rules, notwithstanding the absence of rules to administer
10that section. In administering section 196.374 (9) (a) of the statutes, as created by
11this act, pursuant to this paragraph, the public service commission shall give
12expeditious treatment to investments that involve the creation of conservation
13certificates, as defined in section 196.378 (1r) (at) of the statutes, as created by this
14act. The public service commission shall make available to the public on its Internet
15Web site the policies and procedures established by the commission under this
16paragraph.
AB649-ASA1,147,1717 (5) Microcogeneration equipment.
AB649-ASA1,147,2018 (a) In this subsection, "microcogeneration equipment" means equipment that
19produces electricity and heat for space or water heating through the combustion of
20natural gas or liquid propane gas, to which all of the following apply:
AB649-ASA1,147,22 211. The equipment has a rated electric generation capacity of not more than 20
22kilowatts.
AB649-ASA1,147,2423 2. The equipment captures not less than 85 percent of the energy content of the
24fuel in the form of electricity or usable heat.
AB649-ASA1,148,2
13. The equipment modulates its electric power output to match the electric
2power demand of the load it serves.
AB649-ASA1,148,183 (b) A statewide programs contractor, as defined in section 196.374 (1) (me) of
4the statutes, as created by this act, shall conduct a study of microcogeneration
5equipment, including the availability and reliability of the equipment, the cost of
6acquiring, installing, and operating the equipment, and the energy savings that can
7be realized by replacement of existing equipment commonly in use with
8microcogeneration equipment. If the contractor finds that microcogeneration
9equipment has reasonable potential to cost effectively reduce the use of fossil fuels
10while meeting the electric power and heating needs of residential buildings, the
11contractor shall include in the residential energy efficiency and conservation
12programs under the statewide programs, as defined in section 196.374 (1) (mb) of the
13statutes, as created by this act, elements to promote microcogeneration equipment,
14including financial assistance or incentives to the owners of residential buildings for
15the purchase and installation of microcogeneration equipment and elements to
16provide education to residential building owners regarding the availability of the
17equipment and and to provide education and training to persons in the building
18trades regarding the installation and maintenance of the equipment.
AB649-ASA1, s. 9150 19Section 9150. Nonstatutory provisions; Transportation.
AB649-ASA1,149,220 (1) Wind turbine report. The department of transportation shall review
21regulatory barriers to the transport over the highways in this state of wind turbine
22components. No later than 6 months after the effective date of this subsection, the
23department shall submit a report to the legislature and governor under section
2413.172 (2) of the statutes that describes the actions the department has taken to

1remove such barriers and any recommendations for legislation necessary to fully
2remove such barriers.
AB649-ASA1, s. 9157 3Section 9157. Nonstatutory provisions; Other.
Loading...
Loading...