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Vehicles, Local Carbon Fuel Standards, Transportation Infrastructure

California’s Low Emission Vehicle Emissions (Wis. §§ 110.20; 285.30, .305; Sections 57, 58, & 276; pp. 137-8)

  • Current Law
    • Under the Clean Air Act, the federal Environmental Protection Agency sets limits on pollutants that may be emitted by motor vehicles.
    • The CAA generally prohibits states from enacting motor vehicle emissions standards that differ from federal limitations. However, the CAA allows California to enact standards or limitations that differ from the federal limitations.
    • The CAA allows other states to enact motor vehicle emissions limitations that are identical to the limitations imposed by California agency, the California Air Resources Board.
  • Proposed Law
    • The bill would create a new section (s. 285.305) that directs the DNR to promulgate rules specifying statewide emissions limitations for 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 are identical to the California greenhouse gas emission standards under Title 13 of the California Code of Regulations.
    • The DNR is required to amend its rules to maintain consistency with the California standards.
    • The DNR may also promulgate rules specifying statewide emissions limitations for motor vehicles that are identical to the California emission standards for zero emission vehicles, if the DNR determines that those emission limitations are necessary for this state to meet the greenhouse gas emission reduction goals.
    • Requires the DNR to 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 Oct. 1, 2009.
    • The DNR shall report the results of the study, including its conclusion regarding whether it is necessary to adopt the California regulations, to the legislative committees with jurisdiction over environmental matter by the first day of the 7th month beginning after the effective date of this bill, or beginning after California adopts a regulation, whichever is later.
  • Amends Wis. § 110.20 (Wisconsin’s motor vehicle emission inspection and maintenance program) by adding California’s emission regulations.

Low Carbon Fuel Standard (Wis. Stat. § 285.795; Section 278, pp. 139-41)

  • This provision requires the DNR to promulgate a “Low Carbon Fuel Standard” if the following occurs:
    • The Midwestern Governors Association Low 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 Midwest Governors Association Energy Security Summit on November 15, 2007.
  • The DNR is required to promulgate a rule, consistent with the above recommendations, which require 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.
  • If the DNR promulgates such a Low Carbon Fuel Standard rule, it is required to cooperate with other states in effectuating the requirements under the rule.
    • This includes working with other states in operating a regional system for trading credits that may be used to comply with the requirements under the rule.
  • DNR is required to consult with the DATCP, Commerce, PSC, OIE, and the UW-Extension in determining the carbon intensities for different types of transportation fuels necessary to implement the rule.
  • The DNR is also required to consult with DATCP, Commerce, DOR, PSC, and OIE to determine the method of collecting information needed to implement and enforce the rule that is most cost-effective for state government and least burdensome for the persons subject to the reporting requirements.
  • Penalties
    • Any person who sells a transportation fuel in violation of a DNR shall forfeit not more than $5,000 for each violation.
    • Any person who fails to provide information requested by a state agency shall forfeit not more than $1,000 for each violation.
    • Each sale in violation of the rule and each failure to provide information constitutes a separate offense, and each day of continued violation is a separate offense.
    • A court imposing a forfeiture shall consider all of the following in determining the amount of the forfeiture:
      • The appropriateness of the amount of the forfeiture considering the volume of business of the person subject to the forfeiture.
      • The gravity of the violation.
      • Any good faith attempt to achieve compliance after the person receives notice of the violation.

Carbon-Audited Transportation Investment (Wis. Stat. § 85.021; Section 37; pp. 45-47)

  • Creates a new section under the Chapter 85 (Transportation) of Wisconsin Statutes.
  • If the DOT prepares an environmental assessment or environmental impact statement, under Wis. § 1.11, for a transportation project, it must include the following:
    • The greenhouse gas emissions and energy use that will result from the transportation project, over the life cycle of the project; and
    • If the DOT is also considering any alternative to the project, DOT must prepare an emission and energy evaluation for each alternative project, over the life cycle of the alternative project.
  • Any evaluation required under this bill shall take into consideration all of the following relating to the project:
    • Transportation mode
    • Project materials
    • Project construction methods
    • Maintenance requirements
    • Transportation use derived from the project, including predicted vehicle miles traveled and predicted congestion, if applicable
    • Other pertinent factors
  • In performing any cost-benefit analysis related to a transportation project for which an evaluation is required, the DOT shall consider the monetary value of the greenhouse gas emissions and energy use that will result from the transportation project, calculated according to the rules that the DOT is required to promulgate (see below).
  • “2030 Plan”
    • The DOT creates a “2030 plan”, which is the DOT’s statewide long-range multimodal transportation plan for the 20-year period ending in 2030.
    • As part of the environmental evaluation in the DOT’s 2030 plan, the department shall consider greenhouse gas emission and energy use in identifying, prioritizing, evaluating, or assessing transportation facility or service needs for the statewide transportation system.
    • In revision or modification of the 2030 plan, and in any other statewide long-range multimodal transportation plan, the DOT shall consider the greenhouse gas emissions an energy use in identifying, prioritizing, evaluating, or assessing transportation facility or service needs for the statewide transportation system.
  • Grants DOT rulemaking authority to calculate the monetary value of the greenhouse gas emissions and energy use that will result from transportation projects, over the life cycle of the projects, to be used in performing the cost-benefit analyses of the transportation system.

Technical Advisory Committee (Section 9150; p. 172)

  • The DOT, in consultation with the DNR, shall appoint a technical advisory committee to make recommendations to the DOT on the factors to be considered, and the methodology to be used, in preparing environmental evaluations in this act.
  • The Committee shall also make recommendations to the DOT on setting monetary value for greenhouse gas emissions and energy use, based on factors such as social costs, market rates for carbon credits, and energy costs.

Planning Grants for Compact Development (Wis. Stat. § 16.965; Sections 7- 12; pp. 34- 6)

  • Under current law, the Dept. of Administration may provide grants to local governmental unit to be used to finance the cost of various planning activities.
  • Under current law, DOA requires any local government that receives a grant to finance a percentage of the cost of the product or service funded by the grant.
  • Under this bill, DOA will require any local government that receives a grant for planning activities to consider, as part of the planning activities, whether (1) the improvement is in a “qualified area” or (2) will result in a reduction of travel, energy use, or emission of greenhouse gases.
  • A “qualified area” includes the following:
    • Whether any area considered for “traditional neighborhood development” is any of the following:
      • Surrounded by or adjacent to existing development.
      • Within a sewer service territory in the sewer service area provisions of an area-wide water quality management plan approved by the DNR.
      • An area consisting primarily of blighted properties.
      • An area that meets other criteria, specified by the DOA by rule, designed to ensure that the project reduces greenhouse gas emissions.
    • “Tradition neighborhood development” is defined as a compact, mixed-use neighborhood where residential, commercial and civil buildings are within close proximity to each other.

Model Parking Ordinance (Wis. § 36.605; Section 20; pp. 38-9)

  • The bill requires the University of Wisconsin-Extension, in consultation with the Advisory Committee established under this bill, to develop a model market-pricing ordinance.
  • The ordinance shall include market pricing methods for on-street parking and preferred parking opportunities for vehicles with “relatively low emissions of greenhouse gases.”
    In developing the model ordinance, the UW-Extension shall evaluate current practices with respect to mandatory minimum parking space requirements for public buildings.
  • Once the model ordinance is completed, the UW-Extension shall make the model ordinance publicly available to interested persons and shall provide the ordinance to organizations representing local units of government in this state.
  • The UW-Extension shall appoint and convene an Advisory Committee to provide guidance to the Extension in the development of the model ordinance.

Surface Transportation Planning (Wis. Stat. §§ 66.0309, 85.0215; Section 21)

  • Current Law
    • Under current law, the Department of Transportation (DOT) may expend state and federal funds for transportation planning relating to highways, mass transit, railroads, and any other transportation mode.
    • To the extent practicable, local governments, including regional planning commissions, must follow DOT’s recommendations relating to transportation. DOT has various other responsibilities relating to studying and planning, and assisting local governments in planning transportation systems in this state.
  • Proposed Law
    • Creation of Metropolitan Planning Organizations
      • Uses definition of Metropolitan Planning Organization under federal law (23 USC 134)
    • To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals—
      • by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as named by the Bureau of the Census); or
      • in accordance with procedures established by applicable State or local law.
    • Structure. Each metropolitan planning organization that serves an area designated as a transportation management area, when designated or redesignated under this subsection, shall consist of—
      • local elected officials;
      • officials of public agencies that administer or operate major modes of transportation in the metropolitan area; and
      • appropriate state officials.
  • Greenhouse Gas Emission Reduction Goals
    • The Dept. of Transportation (DOT), in consultation with the DNR, shall establish statewide goals for reducing greenhouse gas emissions from surface transportation in this state that, if achieved, will contribute to the state achieving the statewide greenhouse gas emission reduction goals. After establishing these goals, DOT shall revise the goals whenever appropriate.
  • Development of Strategies and Planning Methods and Procedures
    • The DOT, in consultation with the DNR, DOA, appropriate units in the University of Wisconsin System as designated by the president of the University of Wisconsin System, and metropolitan planning organizations, shall do all of the following:
    • (a) Identify strategies for reducing greenhouse gas emissions from surface transportation, other than strategies for the reduction of greenhouse gases emitted by motor vehicles or railroad trains through emission limitations or reduced fuel consumption per mile traveled by motor vehicles or railroad trains or through improvements in the greenhouse gas performance of transportation fuels. Identifying these strategies, the department shall consider all of the following:
      • Efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement.
      • Efforts to increase walking, bicycling, and other forms of nonmotorized transportation.
      • Implementation of zoning and other land use regulations and plans to support increases in population density, transit−oriented development or redevelopment, or mixed−use development.
      • Travel demand management programs, including carpool, vanpool, or other car−share projects; transportation pricing measures; parking policies; and programs to promote telecommuting, flexible work schedules, and satellite work centers.
      • Surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce long−term greenhouse gas emissions through reduced congestion and improved system management.
      • Intercity passenger rail improvements.
      • Intercity bus improvements.
      • Freight rail improvements.
      • Use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions.
      • Public facilities for supplying electricity to electric or plug−in hybrid−electric vehicles.
    • (b) Develop methods and procedures for preparing multimodal transportation plans and transportation improvement programs that incorporate the strategies under par. (a). Where applicable and to the extent practicable, this planning and program preparation shall be based on maximizing the accessibility to destinations provided by the affected transportation systems using all relevant travel modes, including walking and bicycling.
  • Use of Strategies and Planning Methods and Procedures
    • Beginning on the first day two years after the effective date of this subsection bill, the DOT, to the extent practicable, shall do all of the following:
      • Use the methods and procedures developed under (b) (see above) in preparing its long−range statewide transportation plans and statewide transportation improvement programs.
      • Incorporate the strategies developed under sub. (a) (see above) into its long−range statewide transportation plans and statewide transportation improvement program.
  • Reports and Assessments
    • By July 1, 2013, and every four years thereafter, the DOT shall assess its progress in achieving its goals as well as the progress of metropolitan planning organizations in achieving their goals under s. 66.0309 (17) (b), and shall report its findings to the department of natural resources.
  • Financial Assistance to Metropolitan Planning Organizations
    • After the department has identified strategies for reducing greenhouse gas emissions from surface transportation as provided in sub. (3) (a) and developed methods and procedures for preparing multimodal transportation plans and transportation improvement programs as provided in sub. (3) (b), the department may not, from any appropriation to the department under s. 20.395 or 20.866 (2), provide financial assistance to a metropolitan planning organization unless the metropolitan planning organization has made a good faith effort to satisfy the requirements under s. 66.0309 (17) (c).
  • Conformance with Federal Law
    • If a federal law enacted after the effective dates of this bill conflicts with the requirements of this section, the DOT shall, by rule, modify the conflicting requirements to comply with the federal law.

Growth Accommodation Incentives

  • Transportation Facilities Economic Assistance Development (TFEAD program) (Wis. Stat. § 84.185; Section 30; pp. 42-3)
    • Under current law, the DOT administers a transportation facilities economic assistance and development program (TFEAD program) under which DOT provides assistance for constructions or reconstruction of highways, airports, harbors, and railways (improvements).
    • Under current law, before DOT can provides assistance for any of the above improvements, it must be shown that the improvement increases the number of jobs in the state and only if the DOT has made determinations to 13 specifically identified factors.
    • The bill adds a 14th factor, which is whether the improvement will result in a reduction travel, energy use, or emissions from greenhouse gas emissions, or if the improvement is located in a “qualified area” (defined above).
  • Brownfields Site Assessment Grants (Wis. Stat. § 292.75; Section 281-86; pp. 142-44)
    • Under current law, the DNR provides grants to local governments for the purpose of investigating environmental contamination, moving abandoned containers, and conduction demolition at brownfields.
    • Under current law, a grant recipient to provide matching funds of at least 20% of the amount of the grant.
    • Under this bill, the DNR may give greater weight in awarding grants if the project will result in a reduction of travel, energy use, or emissions of greenhouse gases, or if the eligible site or facility is located in a “qualified area.”
    • In addition, the bill allows DNR to promulgate rules that reduces the amount of matching funds that required under the program for such a project to below 20% of the amount of the grant.
  • Brownfields Grant Program (Wis. Stat. § 560.13; Sections 303-7; pp. 162-64)
  • Under current law, Commerce awards grants to person, including municipalities and counties, for brownfields redevelopment and associated environmental remediation.
  • In determining whether to award a brownfields development grant, Commerce may consider specified criteria, including the potential of the project to promote economic development in the area and the level of financial commitment of the applicant.
  • Under current law, a recipient of a brownfields development grant must contribute matching funds towards the project of a percentage that varies depending upon the cost of the project, from not less than 20% to not less than 50% of the cost of the project.
  • This bill grants Commerce rulemaking authority that specifies the minimum contribution by a recipient that is less than the percentage of the cost of the project, if the following apply:
    • The recipient is a city, village, town or county.
    • The project is a qualifying project, which means that:
      • The project will result in a reduction in travel, energy use, or the emission of greenhouse gases, or if any of the following applies.
      • The project is located in an area that is designated for traditional neighborhood development and at lease of one of the following applies:
        • The project is surrounded by or adjacent to existing development.
        • Is within a sewer service territory in the sewer service area provisions of an areawide water quality management plan approved by the DNR.
        • Is an area consisting primarily of blighted properties.
        • Is in area that meets other criteria, specified by by rule, designed to ensure that the project reduces greenhouse gas emissions.
        • The city, village, town, or county in which the project is located has adopted the design standards under s. 101.027(4)(Energy Conservation Code for Public Buildings and Places of Employment) and the project is in an area that is subject to the design standards;
    • All of the following apply:
      • The project is located in an area that is subject to either a charter under s. 299.83(7e) (Green Tier Program) issued to an association of entities that include the city, village, town, or county in which the area is located or a participation contract under s. 299.83 (6) (Tier II) entered into by the city, village, town, or county in which the area is located.
      • The DNR determines, in consultation with the Departments of Commerce, Administration, the Public Service Commission, and the Office of Energy Independence, that implementation of the charter is likely to result in significant reductions in emissions of greenhouse gases, or in energy use by public or private entities within the city, village, town, or county.
    • The project is located in a city, village, town, or county that participates in Tier I, the area in which the project is located is affected by the participation in Tier I, and the DNR, in consultation with Commerce, DOA, PSC, and OEI, that participation in Tier I is likely to result in significant reductions of emissions of greenhouse gases, or in energy use by public or private entities within the city, village, town, or county.
  • Forward Innovation Fund (Wis. § 560.302; Section 309-10; pp. 165-67)
    • Under current law, Commerce may award grants or loans from the Forward Innovation Fund (FIF) to certain eligible recipients, including municipalities, to undertake certain eligible activities, including innovative proposals to strengthen inner cities and rural areas.
    • Recipients of such grants must provide a match of 25% of the grant or loan.
    • This provision requires Commerce to give an addition consideration to an eligible activity proposed by an eligible recipient that will result in a reduction in travel, energy use, or the emission of greenhouse gases, or if the eligible activity is located in a “qualified area” (as defined above).
    • Commerce is authorized to establish, by rule, a match of less than 25% for a municipality that receives a grant or loan if the grant or loan is awarded to that municipality for an eligible activity that will result in a reduction in travel, energy use, or the emission of greenhouse gases or that is located in a “qualified area” (as defined above).