Amendment ASA1-AB649

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.

AB649-ASA1,130,17 3. Heating or refrigeration to protect cargo or freight being transported by the motor vehicle.

AB649-ASA1,130,18 4. Utility service restoration.

AB649-ASA1,130,23 (g) The period when a motor bus used for transit purposes, or a motor vehicle designed primarily for off-highway operation, is engaged in a stop-and-go project element or is in immediate stand-by mode for purposes related to passenger loading or unloading, project or worker safety, or readiness for an upcoming phase of a specific project element.

AB649-ASA1,130,25 (h) An armored vehicle for the period when a person remains inside the vehicle to guard the contents of the vehicle or the vehicle is being loaded or unloaded.

AB649-ASA1,131,3 (i) The period when an occupied motor vehicle with a sleeper berth compartment idles for purposes of air conditioning or heating during a rest or sleep period.

AB649-ASA1,131,5 (j) The period when a motor vehicle's idling is necessary for regeneration of exhaust emission control devices or to recharge batteries on a hybrid vehicle.

AB649-ASA1,131,8 (k) A motor bus or school bus idling to maintain passenger comfort while passengers other than the operator are on board, if the motor bus or school bus does not exceed 15 minutes of idling in any 60 minute period.

AB649-ASA1,131,13 (L) The period when a motor vehicle's idling is necessary due to mechanical difficulties over which the vehicle operator has no control, if within 30 days after the end of this period the motor vehicle's owner submits by mail to the appropriate authority repair paperwork or a product receipt verifying that the mechanical difficulty has been fixed.

AB649-ASA1,131,15 (m) The period when a motor vehicle's idling is necessary to warm the motor vehicle up to the manufacturer's recommended operating temperature.

AB649-ASA1,131,19 (n) A motor vehicle designed primarily for on-highway operation if the outdoor temperature is below 40 degrees Fahrenheit or above 75 degrees Fahrenheit and if the motor vehicle does not exceed 15 consecutive minutes of idling in any 60 minute period.

AB649-ASA1,131,21 (o) A motor vehicle designed primarily for on-highway operation if the outdoor temperature is below 10 degrees Fahrenheit.

AB649-ASA1,131,23 (p) A motor vehicle designed primarily for off-highway operation if the outdoor temperature is below 40 degrees Fahrenheit or above 75 degrees Fahrenheit.

AB649-ASA1,131,24 (q) A motor vehicle operated completely by electric power.

AB649-ASA1,132,2 (r) A motor vehicle designed primarily for off-highway operation that is a farm tractor or an implement of husbandry.

AB649-ASA1,132,5 (s) A motor vehicle designed primarily for on-highway operation that remains motionless while it is in a queue of motor vehicles delivering construction materials at a construction site.

AB649-ASA1,132,8 (t) A motor vehicle designed primarily for off-highway operation that is subject to an air pollution operation permit, including a general permit, under subch. VII of ch. 285.

AB649-ASA1,132,10 (6) This section applies to the idling of motor vehicles' primary propulsion engines both on highways and off highways.

AB649-ASA1,132,16 (7) With respect to construction activity that involves the operation of motor vehicles designed primarily for off-highway operation, the owner of the applicable construction site has the responsibility to identify on the project plan documents that portion of any school, day care or child care center, hospital, or facility for housing the elderly that is located within 100 feet of any part of the construction site and that will be occupied during any part of the construction activity.

AB649-ASA1,132,19 (8) A person operating a location specified in sub. (4) shall, to the maximum extent practical, minimize delays in loading and unloading operations in order to reduce idling times.

AB649-ASA1,132,23 (9) Every employer of an operator of a motor vehicle designed primarily for off-highway operation, other than a motor vehicle described in sub. (5) (r), shall provide to each such operator information on the benefits of reducing the idling of these motor vehicles and the requirements under this section.

AB649-ASA1,133,3 (10) This section is an enactment of statewide concern for the purpose of providing uniform regulation of motor vehicle idling. Notwithstanding ss. 59.03, 61.34 (1), 62.11 (5), 85.16, 349.03, 349.06, and any other provision of law, no municipality or county may enact an ordinance, and no state agency may promulgate a rule, regulating the same or similar subject matter as that covered in this section.

AB649-ASA1, s. 305 Section 305. 346.95 (11) of the statutes is created to read:

AB649-ASA1,133,8 346.95 (11) Beginning on July 1, 2011, any person violating s. 346.947 (1), (2), (3), (4), (7), or (9) may be required to forfeit $150 for each violation. Notwithstanding s. 939.61, prior to July 1, 2011, no penalty shall apply to a violation specified in this subsection.

AB649-ASA1, s. 306 Section 306. 560.032 (1) of the statutes is renumbered 560.032 (1r) (a) and amended to read:

AB649-ASA1,133,17 560.032 (1r) Allocation. (a) The department, by rule, shall establish under 26 USC 146 and administer a system for the allocation of the volume cap on the issuance of private activity bonds, as defined under 26 USC 141 (a), among all municipalities, as defined in s. 67.01 (5), and any corporation formed on behalf of those municipalities, and among this state, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, and the Wisconsin Housing and Economic Development Authority.

AB649-ASA1, s. 307 Section 307. 560.032 (1g) of the statutes is created to read:

AB649-ASA1,133,19 560.032 (1g) Definitions. In this section:

AB649-ASA1,133,21 (a) "Clean energy manufacturing facility" means a facility that manufactures any of the following:

AB649-ASA1,133,23 1. Energy efficient fixtures or building components, metering equipment, or appliances.

AB649-ASA1,133,25 2. Equipment used to produce energy from a renewable resource or components of that equipment.

AB649-ASA1,134,2 3. Equipment used to produce fuel made from a renewable resource or components of that equipment.

AB649-ASA1,134,4 4. Renewable fuel, flex fuel, advanced diesel, hybrid, electric, or other advanced drive train vehicles designed to operate on highways, as defined in s. 340.01 (22).

AB649-ASA1,134,5 5. A component of any vehicle identified in subd. 4..

AB649-ASA1,134,6 (b) "Private activity bond" has the meaning given in 26 USC 141 (a).

AB649-ASA1,134,7 (c) "Renewable fuel" means a fuel produced from a renewable resource.

AB649-ASA1,134,12 (d) "Renewable power generating facility" means a facility owned by a person that is not a public utility or an electric cooperative with equipment to generate electricity or another form of energy from a renewable resource if that facility is projected to consume no less than 70 percent of the energy generated by that equipment in manufacturing processes at the site where the equipment is located.

AB649-ASA1,134,13 (e) "Renewable resource" has the meaning given in s. 196.374 (1) (j).

AB649-ASA1, s. 308 Section 308. 560.032 (1r) (b) of the statutes is created to read:

AB649-ASA1,134,17 560.032 (1r) (b) In the rules under par. (a), the department shall provide that 25 percent of the amount allocated to municipalities and corporations formed on behalf of municipalities each year will be allocated for all of the following:

AB649-ASA1,134,18 1. Clean energy manufacturing facilities.

AB649-ASA1,134,19 2. Renewable power generating facilities.

AB649-ASA1, s. 309 Section 309. 560.032 (2) of the statutes is renumbered 560.032 (2) (a) and amended to read:

AB649-ASA1,135,2 560.032 (2) Amendment to or reallocation of allocation. (a) At any time prior to December 31 in any year, the department may promulgate rules to revise the allocation system established for that year under sub. (1) (1r) (a), except that any revision under this subsection paragraph does not apply to any allocation under which the recipient of that allocation has adopted a resolution authorizing the issuance of a private activity bond, as defined in 26 USC 141 (a).

AB649-ASA1, s. 310 Section 310. 560.032 (2) (b) of the statutes is created to read:

AB649-ASA1,135,9 560.032 (2) (b) Beginning on September 1 in any year, the department may reallocate using the system established by rule under sub. (1r) (a) any amount of the allocation made for that year under sub. (1r) (b) for which bonds have not been issued, except that any reallocation under this paragraph does not apply to any allocation under which the recipient of that allocation has adopted a resolution authorizing the issuance of a private activity bond.