AB157,8,25 23(4) The department shall make recommendations to the legislature, under s.
2413.172 (2), and to the governor on how to continue reductions in greenhouse gas
25emissions beyond 2020.
AB157,9,8
1286.15 Greenhouse gas emissions; early action measures. (1) On or
2before June 30, 2008, the department shall publish and make available to the public
3a list of emission reduction measures that can be implemented before the measures
4and limits adopted under s. 286.23. The department shall identify emission
5reduction measures that will achieve the maximum reduction in greenhouse gas
6emissions from significant sources or categories of significant sources that is
7technologically feasible and cost-effective, in furtherance of achieving the statewide
8emission limit.
AB157,9,10 9(2) The department shall promulgate rules, to take effect no later than January
101, 2011, to implement the measures identified under sub. (1).
AB157,9,23 11286.20 Greenhouse gas emission reduction plan. (1) Plan. The
12department shall prepare and, no later than January 1, 2010, approve a plan for
13achieving the maximum reduction in greenhouse gas emissions from significant
14sources or categories of significant sources by 2020 that is technologically feasible
15and cost-effective. In preparing the plan, the department shall consult with all state
16agencies with jurisdiction over greenhouse gas emission sources. The department
17shall consult with the public service commission on the elements of the plan that
18pertain to energy-related matters, including the generation of electricity, any
19standards or requirements that are based on the amount of electricity that an electric
20provider sells to retail customers or members, the provision of reliable and affordable
21electrical service, petroleum refining, and statewide fuel supplies to ensure that the
22greenhouse gas emission reduction activities in the plan are complementary and not
23duplicative and can be implemented in an efficient and cost-effective manner.
AB157,9,25 24(2) Contents. In the plan, the department shall identify and make
25recommendations concerning any direct emission reduction actions, alternative

1compliance mechanisms, market-based compliance mechanisms, and monetary and
2nonmonetary incentives for significant sources and categories of significant sources
3that the department determines are necessary or desirable to facilitate achievement
4by 2020 of the maximum reduction in greenhouse gas emissions that is
5technologically feasible and cost-effective.
AB157,10,7 6(3) Preparation. In preparing the plan under this section, the department
7shall do all of the following:
AB157,10,108 (a) Consider relevant information relating to greenhouse gas emission
9reduction programs of local governmental units, other states, and other countries,
10including the northeastern states, Canada, and the European Union.
AB157,10,1411 (b) Evaluate the total potential costs and economic and noneconomic benefits
12of the plan to this state's economy, environment, and public health, using the best
13available economic models, techniques for estimating greenhouse gas emissions, and
14other scientific methods.
AB157,10,1915 (c) Take into account the relative contribution of each greenhouse gas emission
16source or category of greenhouse gas emission sources to statewide greenhouse gas
17emissions and the potential for adverse effects on small businesses and recommend
18a threshold of greenhouse gas emissions below which requirements for reductions in
19greenhouse gas emissions will not apply.
AB157,10,2220 (d) Identify opportunities for emission reduction measures from voluntary
21actions that can be verified and made enforceable, including carbon sequestration
22projects and best management practices.
AB157,11,2 23(4) Public meetings. The department shall conduct a series of public meetings
24to give interested persons an opportunity to comment on the plan under this section.
25The board shall conduct some of the public meetings in areas of the state that have

1the most significant exposure to air pollutants, including communities with minority
2populations and communities with low-income populations.
AB157,11,4 3(5) Updates. The department shall update the plan under this section at least
4once every 5 years.
AB157,11,9 5286.23 Emission limits and reduction measures. (1) Rules. The
6department shall promulgate rules, to take effect no later than January 1, 2013,
7containing greenhouse gas emission limits and emission reduction measures to
8achieve the maximum reduction in greenhouse gas emissions that is technologically
9feasible and cost-effective, in furtherance of achieving the statewide emission limit.
AB157,11,11 10(2) Requirements concerning rule promulgation. In promulgating rules
11under this section, the department shall to the extent feasible do all of the following:
AB157,11,1412 (a) Design the rules, including any distribution of allowances, in a manner that
13is equitable, seeks to minimize costs and maximize total benefits in this state, and
14encourages early action to reduce greenhouse gas emissions.
AB157,11,1615 (b) Ensure that activities undertaken to comply with the rules will not have a
16disproportionate impact on communities with low-income populations.
AB157,11,1817 (c) Ensure that entities that have voluntarily reduced their greenhouse gas
18emissions before the rules take effect receive appropriate credit for those reductions.
AB157,11,2219 (d) Ensure that activities undertaken to comply with the rules complement,
20and do not interfere with, efforts under ch. 285 to achieve and maintain compliance
21with ambient air quality standards and to reduce emissions of hazardous air
22contaminants.
AB157,11,2423 (e) Ensure that the rules result in reductions of greenhouse gas emissions that
24are permanent, quantifiable, verifiable, and enforceable.
AB157,12,4
1(f) Ensure that any provision authorizing use of an alternative compliance
2mechanism results in a reduction of greenhouse gas emissions that occurs over the
3same period and in the same amount as any specific action that would otherwise be
4required under this section.
AB157,12,55 (g) Consider the cost-effectiveness of the rules.
AB157,12,86 (h) Consider overall societal benefits, including reductions in other air
7pollutants, diversification of energy sources, and other benefits to the economy, the
8environment, and public health.
AB157,12,109 (i) Minimize the administrative burden of implementing and complying with
10the rules.
AB157,12,1311 (j) Minimize the extent to which reductions in emissions of greenhouse gases
12within this state are offset by increases in emissions of greenhouse gases outside the
13state.
AB157,12,1614 (k) Consider the significance of the contribution of each greenhouse gas
15emission source or category of greenhouse gas emission sources to statewide
16emissions of greenhouse gases.
AB157,12,1717 (L) Rely upon the best available economic and scientific information.
AB157,12,1918 (m) Rely upon the department's assessment of existing and projected
19technological capabilities.
AB157,12,2220 (n) Consult with the public service commission concerning the rules that affect
21providers of electricity and natural gas in order to minimize duplicative or
22inconsistent regulatory requirements.
AB157,12,25 23(3) Market-based compliance mechanisms. (a) Subject to pars. (b) to (d) and
24sub. (2), in the rules promulgated under this section, the department may authorize
25the use of market-based compliance mechanisms.
AB157,13,3
1(b) Before including market-based compliance mechanisms in the rules
2promulgated under this section, the department shall to the extent feasible do all of
3the following:
AB157,13,64 1. Consider the potential for direct, indirect, and cumulative impacts on
5emissions from using market-based compliance mechanisms, including localized
6impacts in communities already adversely affected by air pollution.
AB157,13,97 2. Design the market-based compliance mechanisms to prevent any increase
8in emissions of hazardous air contaminants or pollutants for which ambient air
9quality standards have been established under s. 285.21.
AB157,13,1110 3. Maximize additional environmental benefits and economic benefits in this
11state, as the department determines is appropriate.
AB157,13,1612 (c) If the department provides for the use of market-based compliance
13mechanisms in the rules promulgated under this section, the department shall
14specify in the rules how the market-based compliance mechanisms may be used by
15entities subject to greenhouse gas emission limits and mandatory emission reporting
16requirements to achieve compliance with their greenhouse gas emission limits.
AB157,14,217 (d) In furtherance of achieving the statewide emission limit, the department
18may promulgate a rule that establishes a system of market-based declining annual
19aggregate greenhouse gas emission limits for significant sources or categories of
20significant sources, applicable from January 1, 2013, to December 31, 2020, that the
21department determines will achieve the maximum reduction in greenhouse gas
22emissions that is technologically feasible and cost-effective, in the aggregate, from
23those significant sources or categories of significant sources, but only if the
24department complies with pars. (b) and (c) and ensures that the reduction is in

1addition to any greenhouse gas emission reduction otherwise required by law and
2any greenhouse gas emission reduction that would otherwise occur.
AB157,14,6 3286.25 Voluntary reductions. (1) The department shall adopt
4methodologies for the quantification of greenhouse gas emission reductions from
5voluntary actions. Notwithstanding s. 227.10 (1), the department is not required to
6adopt the methodologies by rule.
AB157,14,9 7(2) The department shall promulgate rules for verifying and enforcing
8greenhouse gas emission reductions from voluntary actions that the department
9authorizes to be used to comply with greenhouse gas emission limits.
AB157,14,15 10286.27 Authority of the governor. (1) Notwithstanding the dates specified
11in ss. 286.09 (1) (intro.) and (3), 286.15 (1), 286.20 (1), and 286.23 (1) in the event of
12extraordinary circumstances, catastrophic events, or threat of significant economic
13harm, the governor may adjust a deadline in s. 286.09 (1), 286.15 (1), 286.20 (1), or
14286.23 (1), or in a rule promulgated under this chapter, to the earliest feasible date
15after the deadline, subject to sub. (2).
AB157,14,18 16(2) The governor may not adjust a deadline by more than one year at a time,
17but the governor may make successive adjustments of the same deadline as long as
18the adjustments comply with sub. (1).
AB157,14,22 19(3) No more than 10 days after making an adjustment under sub. (1), the
20governor shall provide written notification of the adjustment to the chief clerk of each
21house of the legislature and to the revisor of statutes for publication in the Wisconsin
22administrative register.
AB157,14,25 23286.31 Councils. (1) The greenhouse gas management environmental justice
24council shall advise the department in developing the plan under s. 286.20 and in any
25other matter in the implementation of this chapter.
AB157,15,10
1(2) The greenhouse gas management economic and technology advancement
2council shall advise the department on activities that will facilitate investment in
3and implementation of technological research and development opportunities,
4including identifying new technologies; research; demonstration projects; funding
5opportunities; developing state, national, and international partnerships and
6technology transfer opportunities; and identifying and assessing research and
7advanced technology investment and incentive opportunities that will assist in the
8reduction of greenhouse gas emissions. The council may also advise the department
9on state, regional, national, and international economic and technological
10developments related to greenhouse gas emission reductions.
AB157,15,15 11286.35 Fees. (1) The department may promulgate rules establishing a
12schedule of fees for greenhouse gas emission sources regulated under this chapter.
13The department shall design the fee schedule to ensure that the amount of the fees
14is not more than is reasonably necessary to fund the operation of the program under
15this chapter.
AB157,15,17 16(2) Any fees collected under sub. (1) shall be credited to the appropriation
17account under s. 20.370 (2) (cj).
AB157,15,21 18286.37 Other duties of the department. (1) The department shall
19determine the carbon dioxide equivalents of greenhouse gases based on the best
20available scientific information, including information from the Intergovernmental
21Panel on Climate Change.
AB157,16,2 22(2) The department shall consult with other states, the federal government,
23and other countries to identify the most effective strategies and methods to reduce
24greenhouse gas emissions, manage greenhouse gas control programs, and facilitate

1the development of integrated and cost-effective regional, national, and
2international greenhouse gas emission reduction programs.
AB157,16,9 3(3) The department shall ensure, to the extent feasible, that the rules,
4programs, mechanisms, and incentives under its jurisdiction for the reduction of
5greenhouse gas emissions direct public and private investment toward communities
6with the most disadvantaged populations. The department shall provide the
7opportunity for small businesses, schools, organizations that provide affordable
8housing, and other community institutions to participate in and benefit from
9statewide efforts to reduce greenhouse gas emissions.
AB157,16,14 10286.39 Duty of other state agencies. Each state agency, as defined in s.
1120.001 (1), and the University of Wisconsin Hospitals and Clinics Authority, the
12Wisconsin Housing and Economic Development Authority, and the Wisconsin Health
13and Educational Facilities Authority shall take actions to reduce their greenhouse
14gas emissions.
AB157,16,18 15286.50 Penalties. (1) Any person who violates this chapter or any rule
16promulgated, permit issued, or order issued under this chapter shall forfeit not less
17than $10 or more than $25,000 for each violation. Each day of continued violation
18is a separate offense.
AB157,16,23 19(2) (a) Except as provided in par. (b), any person who intentionally commits an
20act that violates, or fails to perform an act required by, this chapter or any rule
21promulgated, permit issued, or order issued under this chapter shall be fined not
22more than $25,000 per day of violation or imprisoned for not more than 6 months or
23both.
AB157,17,224 (b) If the conviction under par. (a) is for a violation committed after another
25conviction under par. (a), the person is guilty of a Class I felony, except that,

1notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be
2fined not more than $50,000 per day of violation.
AB157, s. 6 3Section 6. 299.95 of the statutes is amended to read:
AB157,17,20 4299.95 Enforcement; duty of department of justice; expenses. The
5attorney general shall enforce chs. 281 to 285 286 and 289 to 295 and this chapter,
6except ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan
7approvals, permits, and water quality certifications of the department, except those
8promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
9in ss. 285.86 and 299.85 (7) (am). The circuit court for Dane county or for any other
10county where a violation occurred in whole or in part has jurisdiction to enforce chs.
11281 to 285 286 and 289 to 295 or this chapter or the rule, special order, license, plan
12approval, permit, or certification by injunctional and other relief appropriate for
13enforcement. For purposes of this proceeding where chs. 281 to 285 286 and 289 to
14295 or this chapter or the rule, special order, license, plan approval, permit or
15certification prohibits in whole or in part any pollution, a violation is considered a
16public nuisance. The department of natural resources may enter into agreements
17with the department of justice to assist with the administration of chs. 281 to 285 286
18and 289 to 295 and this chapter. Any funds paid to the department of justice under
19these agreements shall be credited to the appropriation account under s. 20.455 (1)
20(k).
AB157, s. 7 21Section 7. Nonstatutory provisions.
AB157,18,222 (1) Submission of proposed rules. The department of natural resources shall
23submit in proposed form the rules required under section 286.05 (1) of the statutes,

1as created by this act, to the legislative council staff under section 227.15 (1) of the
2statutes no later than June 30, 2008.
AB157,18,33 (End)
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