The bill creates a continuing appropriation from the conservation fund to DNR
for restoration projects in the Pierce County islands wildlife area.
Terrestrial invasive species prevention
The bill creates an annual appropriation from the conservation fund to DNR for
grants to cooperative invasive species management areas for surveying, monitoring,
and controlling terrestrial invasive species.
Law enforcement technology
Under current law, DNR is appropriated scheduled amounts from the general
fund, the environmental fund, and the conservation fund for acquiring law
enforcement radios. Under the bill, each appropriation is made for the purpose of
acquiring law enforcement technology.
Sheboygan Marsh dam funding
The bill authorizes DNR to award a $1,000,000 grant to Sheboygan county to
remove and reconstruct a dam on the Sheboygan River at the Sheboygan Marsh.
MacKenzie environmental center
Under current law, moneys are appropriated to the MacKenzie environmental
center biennially from the general fund (MacKenzie appropriation). A biennial
appropriation is expendable only for the biennium for which made. Current law
allows DNR to charge fees to participants in a DNR environmental education
program to cover the costs of the program, and requires such fees collected by DNR
for the use of the MacKenzie environmental center to be deposited in the general
fund and credited to the MacKenzie appropriation.
The bill changes the MacKenzie appropriation to a continuing appropriation,
which is an appropriation that is expendable until fully depleted or repealed by
subsequent action of the legislature. Under the bill, the MacKenzie appropriation
is still funded by all moneys received from fees collected for the use of the MacKenzie
environmental center.
Funding from Indian gaming receipts
Current law requires DOA to transfer portions of Indian gaming receipts to
certain DNR appropriations annually. The bill eliminates the requirement to
transfer these amounts to appropriations that fund elk management and the
reintroduction of whooping cranes, eliminates those appropriations, and replaces
them with appropriations funded from the conservation fund. The bill also
eliminates the requirement to transfer these amounts to an appropriation that funds
snowmobile law enforcement operations and safety training and fatality reporting
and eliminates that appropriation. The bill makes no change to an appropriation
funding the same purposes from the conservation fund.
Navigable waters and wetlands
Great Lakes erosion control loan program
The bill requires DNR to administer a revolving loan program to assist
municipalities and owners of homes located on the shore of Lake Michigan or Lake
Superior where the structural integrity of municipal buildings or homes is
threatened by erosion of the shoreline. Under the bill, moneys for the program are
provided from the environmental fund. The bill requires DNR to promulgate rules
to administer the program, including eligibility requirements and income
limitations, and authorizes DNR to promulgate emergency rules for the period before
permanent rules take effect.
Hydrologic restoration
Under current law, DNR may issue a general permit to a person wishing to
proceed with a wetland restoration activity sponsored by a federal agency. The bill
requires DNR to issue a general permit that authorizes wetland, stream, and
floodplain restoration and management activities that will result in a net
improvement in hydrologic connections, conditions, and functions.
The general permit issued under the bill is valid for a period of five years, except
that an activity that DNR determines is authorized by a general permit remains
authorized under the permit until the activity is completed. The general permit
issued under the bill for an activity is in lieu of any permit or approval that would
otherwise be required for that activity under state navigable water law, water
quality law, or wetland law. The bill requires DNR to apply several conditions to the
new general permit and authorizes DNR to require an individual seeking approval
to conduct activities under the general permit to apply for an individual permit under
certain circumstances.
The bill creates at DNR a hydrologic restoration and management advisory
council to provide input, make recommendations, and generally assist DNR with the
implementation of the new general permit and associated restoration projects.
Bonding for dam safety projects
Under current law, the state may contract up to $29,500,000 in public debt to
provide financial assistance to counties, cities, villages, towns, and public inland
lake protection and rehabilitation districts for dam safety projects. The bill increases
the bonding authority for these projects by $6,000,000.
Parks, forestry, and recreation
Free admission to state parks for 4th graders
Under current law, no person may operate a vehicle in any state park or in
certain other recreational areas on state land unless the vehicle displays a vehicle
admission receipt. The bill requires DNR to waive the fee for an annual vehicle
admission receipt issued to the parent or guardian of a student receiving a 4th grade
level of instruction. A parent or guardian of a qualifying pupil may apply to DNR for
the waiver by submitting required certifications. A parent or guardian may receive
the waiver only once in his or her lifetime and DNR may issue a waiver only once for
a household. The bill also requires DNR to provide on its website an activity guide
for state parks, forests, recreation areas, and trails.
Recreational vehicle online registration
Under current law, no person may operate an ATV, UTV, or snowmobile and no
owner may give permission for such operation unless the ATV, UTV, or snowmobile
is registered with DNR. Current law allows DNR to appoint persons who are not
DNR employees as agents to issue, transfer, or renew registration documents for
ATVs, UTVs, and snowmobiles and to issue reprints of those documents. Current
law provides that an agent who accepts an application and required fees for ATV,
UTV, or snowmobile registration documents must issue to the applicant a temporary
operating receipt or some or all of the registration documents at the time the
application is submitted, and issue any remaining registration documents directly
from DNR at a later date. The bill allows an agent to accept an application by
facilitating an online application for registration documents.
Current law requires every ATV, UTV, or snowmobile manufacturer, dealer,
distributor, or renter to register with DNR and apply to DNR for, respectively, a
commercial ATV and UTV or commercial snowmobile certificate. The bill allows
these applications to be completed through an online application system.
Under current law, no person may operate an off-highway motorcycle (OHM)
off the highways and no owner may give permission for such operation unless the
OHM is registered with DNR. Current law requires an OHM dealer to register with
DNR and apply to obtain a commercial OHM certificate. Current law requires an
OHM dealer to require an OHM buyer to pay the applicable registration fee and
complete an application for registration of an OHM. Current law requires an OHM
dealer to affix a decal issued by DNR to a removable plate or sign on an OHM offered
for sale. If a commercial OHM certificate or decal is lost or destroyed, current law
allows the holder to apply to DNR for a duplicate. The bill allows for all of these
applications to be completed through an online application system.
Current law requires an OHM dealer to provide an OHM buyer with a
temporary operating receipt, and to mail or deliver the application and fee to DNR
no later than seven days after the date of the sale. If ownership of an unregistered
OHM is transferred by a person other than an OHM dealer, current law requires the
buyer or transferee to complete an application for registration. If ownership of a
registered OHM is transferred, current law requires the transferee to complete an
application for transfer on a DNR form and mail or deliver the form to DNR within
10 days after the date of transfer. The bill allows for all of these applications to be
completed through an online application system.
Boating enforcement aids
Under current law, a county or municipality that operates a water safety patrol
unit is eligible for an aid payment that is calculated based on the costs that are
directly attributable to the operation and maintenance of the water safety patrol
unit. Aid payments are currently limited to 75 percent of these costs. The bill
increases the aid payment limit to 80 percent of costs.
Vehicle registration and trail use fee retention
Off-highway motorcycle administration
Under current law, moneys received from the sale of nonresident trail passes
for OHM operation are not credited to a specific appropriation but are deposited in
the conservation fund. Under the bill, all moneys received from the sale of
nonresident trail passes for OHM operation will continue to be deposited in the
conservation fund but will be credited to the appropriation account that provides
DNR moneys to administer the OHM program.
Snowmobile aids for trail maps and grooming tracker
Under current law, state aid is available for snowmobile trail development,
maintenance, rehabilitation, and signage. The bill expands the purposes for which
this state aid may be used to include payment of a qualified vendor to provide
real-time tracking of snowmobile trail grooming through DNR's online trail
grooming reporting system (commonly known as the Snowmobile Automated
Reporting System, or SNARS) and to develop and maintain an accurate, statewide
geographic information system map of snowmobile trails.
Withdrawal of county forest lands for sale to American Indian tribes
Under current law, a county board may designate certain land as a county forest
and enter that designation by application to DNR. The county must manage the
county forest for recreational use, timber harvesting, and other specified purposes
and DNR must make payment to the county based on the acreage of county forest the
county maintains. A county may subsequently apply to DNR to withdraw the entry
of land as a county forest and sell the land. If the sale is to be to a person other than
the state or a local unit of government, DNR must establish a minimum value for the
land to be withdrawn. Under the bill, county forest that is withdrawn to be sold to
an American Indian tribe or band is also excluded from the requirement that DNR
establish the minimum value of the land to be withdrawn.
Emergency rule making for the urban forestry grant program
Under current law, DNR administers an urban forestry grant program to
provide grants to municipalities and NCOs to undertake various tree projects in
urban areas. The bill allows DNR to promulgate emergency rules to incorporate new
priorities and categories of grants and recipients and to increase the minimum
amount of urban forestry grants, without finding that an emergency exists or
providing evidence that promulgating an emergency rule is necessary to preserve
public peace, health, safety, or welfare.
Fish, game, and wildlife
Use of ID card to establish residency for DNR approvals
Under current law, DNR issues approvals that authorize the holder of the
approval to engage in certain activities, such as hunting wild animals. In general,
residents of the state are issued a different approval, for a lower fee, than
nonresidents of the state. Current law provides that a resident is anyone who has
maintained a permanent abode in the state for at least 30 days prior to applying for
an approval, which must be established by demonstrating domiciliary intent. Under
current law, evidence of domiciliary intent includes voting, paying personal income
taxes, or obtaining a driver's license at a location in the state. The bill provides that
domiciliary intent may also be satisfied by obtaining an identification card issued by
DOT. Under current law, an identification card issued by DOT is required to contain
the same information that is required for an operator's license, including the license
holder's name, address, and photograph, but must be clearly labeled as providing
only identification of the card's holder.
Waterfowl stamp fee and uses
Under current law generally, no person may hunt waterfowl unless he or she
is issued a conservation patron license, a hunting license authorizing the hunting of
small game and a waterfowl hunting stamp, or a sports license and a waterfowl
hunting stamp. The bill raises the fee for a waterfowl hunting stamp from $6.75 to
$11.75. Current law requires DNR to spend 67 percent of the money received from
fees for waterfowl hunting stamps for developing, managing, preserving, restoring,
and maintaining wetland habitat and for producing waterfowl and ecologically
related species of wildlife. Under the bill, DNR may also provide those moneys to
NCOs and local units of government for developing and restoring wetland habitat.
Aquatic plant management
Under current law, without a valid aquatic plant management permit issued
by DNR, no person may introduce nonnative aquatic plants into waters of this state,
manually remove aquatic plants from navigable waters, or control aquatic plants in
waters of this state by the use of chemicals or by introducing biological agents, by
using a process that involves dewatering, desiccation, burning, or freezing, or by
using mechanical means. Under current law, DNR establishes fees for aquatic plant
management permits, and those fees are deposited into a general fund appropriation
used for facilities, materials, or services provided by DNR relating to its
environmental quality functions and to the management of the state's water
resources. Under the bill, those fees are deposited into a general fund appropriation
used solely for the aquatic plant management permit program.
Deer carcass disposal sites
The bill requires DNR to provide financial assistance to local governments,
individuals, businesses, and conservation organizations to purchase large metal
containers for the disposal of deer carcasses.
Public Utilities
Broadband line extension grants
The bill requires PSC to make grants to residents of properties that are not
served by a broadband service provider to assist in paying the customer costs
associated with line extension necessary to connect broadband service to the
properties. The maximum amount of a broadband line extension grant is $4,000.
The bill also requires PSC to give priority to primary residences and to establish
other criteria for awarding the grants.
Broadband planning grants
The bill requires PSC to make grants to cities, villages, towns, counties, school
districts, tribal governments, regional planning commissions, nonprofit
organizations, and local economic development councils for the following: 1)
broadband planning; 2) feasibility engineering related to broadband infrastructure
construction; 3) broadband adoption planning; and 4) digital inclusion activities.
The maximum amount of a broadband planning grant is $50,000. The bill also
requires PSC to provide training, technical assistance, and information on
broadband infrastructure construction, broadband adoption, and digital inclusion.
Creating an appropriation for the state broadband office
The bill creates an appropriation to fund the operations of the state broadband
office within PSC. Currently, the state broadband office enhances the availability,
adoption, and use of broadband across the state.
Funding for broadband expansion grant program
The bill appropriates general purpose revenue for the broadband expansion
grant program administered by PSC.
Eligibility for broadband expansion grants
The bill makes a city, village, town, or county (political subdivision) eligible to
apply for a broadband expansion grant from PSC if the political subdivision is
underserved or located in an unserved area. Under current law, underserved means
served by fewer than two broadband service providers, and an unserved area is an
area not served by an Internet service provider that meets certain standards for the
service provided and for upload and download speeds. Under current law, a political
subdivision is only eligible to apply for a broadband expansion grant if its application
is submitted in partnership with a nonprofit organization or a telecommunications
utility.
Broadband mapping
Under the bill, PSC must require Internet service providers, annually by April
1, to disclose to PSC the properties they serve, the average minimum download and
upload speeds at which they provide Internet service to those properties, and a
description of their existing service areas. The bill requires PSC to use this
information to conduct broadband mapping and facilitate the deployment of
broadband infrastructure and access to broadband service. The bill adds an
exception to the public records law by requiring PSC to withhold from public
inspection any information disclosed by Internet service providers that would aid a
competitor in competing with that provider if PSC determines that public disclosure
is not necessary to conduct broadband mapping or facilitate the deployment of
broadband infrastructure and access to broadband service.
Allowing electric providers to use easements for broadband service
The bill allows electric providers to use easements that they hold to do the
following: 1) install or maintain broadband infrastructure; and 2) lease or provide
excess capacity in broadband infrastructure to a supplier of broadband services.
Under the bill, “electric provider” includes both electric public utilities and electric
cooperatives. The bill also provides that except for an easement that expressly
prohibits, by its terms, using the easement for those purposes, the terms or
conditions of an easement held by an electric provider that inhibit it from using the
easement for those purposes do not apply.
Before an electric provider uses an easement for the purposes allowed under the
bill, it must provide notice to the owner of the property subject to the easement. After
providing notice, an electric provider may record a memorandum including certain
information in the office of the register of deeds of the county where the property
subject to the easement is located. The bill also establishes requirements for actions
brought by a property owner against an electric provider, subsidiary of an electric
provider, or supplier of broadband services because of the electric provider's use of
an easement for a purpose allowed by the bill, and the bill prohibits owners from
bringing such actions if the bill's requirements are not satisfied.
Focus on Energy funding
The bill makes changes to the funding of statewide energy efficiency and
renewable resources programs, known as Focus on Energy, that current law requires
investor-owned electric and natural gas utilities to fund. Under the bill, PSC must
require those utilities to spend 2.4 percent of their annual operating revenues
derived from retail sales to fund Focus on Energy and related programs. Under
current law, the amount those utilities must spend is 1.2 percent of their annual
operating revenues from retail sales.
Focus on Energy initiatives for low-income households
The bill requires statewide energy efficiency and renewable resources
programs, known as Focus on Energy, to include programs that promote energy
efficiency and renewable energy measures for low-income households and that
address the energy needs and decrease the energy burden of low-income households.
Current law requires investor-owned electric and natural gas utilities to fund Focus
on Energy and related programs.
Social cost of carbon
The bill requires PSC to consider the social cost of carbon in determining
whether to issue certificates required to construct large electric generating facilities
or high-voltage transmission lines or to engage in certain other public utility
projects. The bill defines “social cost of carbon” as a measure of the economic harms
and other impacts expressed in dollars that result from emitting one ton of carbon
dioxide into the atmosphere. The bill requires PSC to evaluate and set the social cost
of carbon emissions as a dollar amount per ton of carbon dioxide emitted into the
atmosphere. The bill requires PSC to evaluate and adjust as necessary that dollar
amount every two years. In making the evaluations, PSC must use integrated
assessment models and consider appropriate discount rates. The bill requires any
adjustment by PSC to be consistent with the international consensus on the social
cost of carbon. The bill requires PSC to consult with DNR in making the evaluations.
The bill also requires that, beginning no later than December 31, 2021, PSC
must submit a report every odd-numbered year to the legislature describing PSC's
evaluation of the social cost of carbon. If PSC adjusts the previously set dollar
amount, the report must specify the social cost of carbon as adjusted by PSC.
Nonutility-owned electric vehicle charging stations
The bill exempts from regulation as a public utility a person who supplies
electricity through an electric vehicle charging station to users' electric vehicles.
Under current law, a person who directly or indirectly provides electricity to the
public is regulated as a public utility by PSC.
Compensation for participants in PSC proceedings
The bill requires PSC to require investor-owned electric and natural gas public
utilities to provide funding to a “consumer advocate,” which is defined as the Citizens
Utility Board. All actions by the consumer advocate that are funded under the bill
must be directed toward a duty to represent and protect the interests of residential,
small commercial, and small industrial energy customers of the state. The bill
requires the consumer advocate to annually file with PSC a budget, which PSC must
approve if it is consistent with the foregoing duty and covers reasonable annual costs.
The bill allows PSC to approve the budget with conditions and modifications that
PSC determines are necessary.
The bill limits the total annual funding for the consumer advocate to a
maximum of $900,000. Each energy utility's share of that total is based on an
individual energy utility's proportionate share of residential, small commercial, and
small industrial customer meters in the state. The bill requires PSC to ensure in
rate-making orders that energy utilities recover the funding from their customers.
The bill also limits the amount that PSC may compensate the consumer for
participating in PSC proceedings to $100,000 annually. Under current law, if certain
requirements are satisfied, PSC is allowed to compensate participants in
proceedings who are not public utilities.
The bill also requires PSC to reserve $50,000 annually to compensate
equity-focused participants who review economic and environmental issues
impacting low-income populations.
Residential energy improvement program
The bill authorizes PSC to establish and implement a program under which a
public utility may finance energy improvements at a specific dwelling for a
residential customer. Under the bill, a public utility may recover the costs of such
an energy improvement through a surcharge periodically placed on the customer's
account.
Model ordinance and marketing related to efficiency and renewable
resource improvements
Under current law, a political subdivision may make a loan to, or enter into a
repayment agreement with, an owner or lessee of a premises for installing certain
energy or water efficiency improvements or renewable resource improvements
(known as the property assessed clean energy or PACE program). The bill requires
PSC to develop and make available a model ordinance that addresses political
subdivisions making loans or entering into agreements under the PACE program for
installing certain energy or water efficiency improvements or renewable resource
improvements.
The bill also authorizes activities advertising the availability of PACE program
loans to be conducted as part of Focus on Energy programs. Under current law, Focus
on Energy programs are a set of statewide energy efficiency and renewable resources
programs that investor-owned electric and natural gas utilities are required to fund.
Energy utility innovative technology programs
The bill allows investor-owned energy utilities to establish innovative
technology programs. Under the bill, a program must first be approved by PSC, and
an energy utility may pay for the program by charging its customers or by another
method approved by PSC. The bill also requires PSC to promulgate rules and
establish goals, priorities, and measurable targets related to these programs.
Penalties for gas pipeline safety violations
The bill increases the maximum penalties for persons who fail to operate and
maintain gas production, transmission, and distribution facilities in a reasonably
adequate and safe manner. Current law requires gas production, transmission, and
distribution facilities to be operated and maintained in a reasonably adequate and
safe manner and authorizes PSC to issue orders and rules to promote safety of those
facilities. Under current law, a person who violates one of these PSC orders or rules
or fails to operate and maintain gas production, transmission, and distribution
facilities in a reasonably adequate and safe manner is subject to a forfeiture of up
$25,000 per day and a total forfeiture of up to $500,000 for a single persisting
violation. Under the bill, a violator is subject to a forfeiture of up to $200,000 per day
and a total forfeiture of up to $2,000,000 for a single persisting violation.
