12-22-09 DRAFT CONFIDENTIAL

LEGACY COMMUNITIES GREEN TIER CHARTER

04-27-2010 Draft

I. Purpose

The purpose of this Charter is to establish an agreement, pursuant to Wis. Stat. § 299.83(7e), by
which participating communities may take actions to achieve superior environmental
performance through improved efficiencies in operations, reduced energy use and reduced
greenhouse gas emissions.

The Charter will achieve superior environmental performance in ways that are not required by
state or federal law, or that go beyond current requirements of state or federal law, in the
following ways:

• Promote reductions of greenhouse gas (GHG) emissions, precursors of ozone pollution,

particulate matter and other regulated air pollutants by municipal facilities, services, and
vehicle fleets by reducing total energy use; increasing energy efficiency; and increasing
the use of renewable fuels

• Promote the use of comprehensive planning, smart growth principles, and progressive
transportation policies to reduce per-capita vehicle miles traveled (VMT) and thereby
reduce GHG emissions by community members

• Provide for the sharing of information, resources, infrastructure, and technology between
Charter signatories to enable more efficient and cost-effective reductions in energy use
and GHG emissions

II. Background

1. Wisconsin’s Green Tier Program, established by Wis. Stat. § 299.83, authorizes

the Wisconsin Department of Natural Resources (DNR) to issue an environmental results charter
to an association of public or private entities to assist those entities in achieving superior
environmental performance and to assist those entities in participating in Tier 1 or Tier 2 of the
Green Tier Program.

2. In 2007, Governor Jim Doyle created the Global Warming Task Force (GWTF) in
part to develop policy recommendations and identify goals for GHG reductions and to minimize
the economic, environmental, and public health impacts of global warming. In July 2008, the
GWTF issued its Final Report, entitled Wisconsin’s Strategy for Reducing Global Warming.
Recognizing that many direct and indirect sources of GHG emissions fall under the jurisdiction
or control of local units of government, the GWTF Report includes numerous strategies that
either directly apply to, or are inherently reliant upon, local units of government in Wisconsin.

3. Wisconsin’s Comprehensive Planning Law, Wis. Stat. § 66.1001, requires most

political subdivisions in Wisconsin to develop a Comprehensive Plan by January 1, 2010, in

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order to promote harmonious and coordinated development, meet future needs, and provide for
the general welfare. To assist communities with comprehensive planning, the Wisconsin
Department of Administration operates a Comprehensive Planning Grant Program.

4. Governor Jim Doyle established Wisconsin’s Office of Energy Independence

(OEI) in April 2007 in part to advance the goal of producing 25 percent of Wisconsin’s power
and 25 percent of Wisconsin’s transportation fuels from renewable sources by 2025. OEI serves
as the state government point of contact for businesses and local units of government pursuing
energy efficiency and the development of renewable energy. OEI also identifies, and facilitates
applications for, federal, state, and private sources of funding for energy efficiency and
renewable energy projects.

5. The United States Environmental Protection Agency (USEPA), pursuant to its

authorities under the federal Clean Air Act, has initiated (or is expected to soon initiate) steps to
regulate the emission of greenhouse gasses from mobile sources and major stationary sources.
Steps taken by USEPA include issuance of a final rule requiring the mandatory reporting of
GHG emissions by certain source categories (74 FR 56260; October 30, 2009) and issuance of
findings that GHG emissions endanger the public health and welfare, and that emissions of
GHGs from mobile sources contribute to this endangerment (74 FR 66496; December 15, 2009).

6. [Add paragraph about PM2.5 and ozone nonattainment]

7. Many communities in Wisconsin have embraced local sustainability initiatives,

such as The Natural Step Framework, as a means to reduce greenhouse gas emissions and reduce
a community’s overall environmental impact.

8. State and Federal grants are available to assist communities with local
sustainability, public transportation, comprehensive planning, energy and water conservation,
and other climate-related efforts.

9. In light of these varied but overlapping programs aimed at curbing energy use and
GHG emissions and reducing environmental impact at the community level, a mechanism is
needed to facilitate action by local units of government in a manner that realizes the economic
benefits of such reductions.

III. Goals of the Charter

The Goals of this Charter are:

1. To assist local units of government in achieving superior environmental

performance in the areas of energy efficiency and GHG emissions within three key areas under
local government jurisdiction and control: (1) public infrastructure; (2) public services; and (3)
land use planning and development. Specifically, this Charter will enable Charter Signatories to:

(A) Establish community-wide baseline GHG emissions and achieve

measurable reductions in those emissions over time.

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(B) Establish community-wide baseline per capita VMT and achieve

measurable reductions in per capita VMT over time
(C) Provide a pathway for sustainable development through Comprehensive
Plan implementation
(D) Provide communities with a means to partially meet their 25 x 25 Energy
Independent Communities obligations through demand reduction.

2. To facilitate access to state and federal funding for projects and activities related
to energy efficiency, renewable energy, GHG reductions, comprehensive planning, and
transportation.

3. To achieve and maintain attainment with National Ambient Air Quality Standards
(NAAQS) for particulate matter and ozone.

4. To realize economic savings through reduced expenditures on fuel and energy

use, transportation.

5. To achieve other demonstrable and measurable environmental improvement

beyond what is required by local, state, or federal law.

IV. Charter Signatories

The Signatories to the Charter will or may include:

1. The Wisconsin Department of Natural Resources (DNR).

2. 1,000 Friends of Wisconsin (1,000 Friends)

3. Wisconsin League of Municipalities (League)

4. Individual local units of government (Cities, Towns, Counties, and Villages) that
elect to participate in this Charter and agree to be bound by its terms and conditions.

V. Timeframe of Charter

1. Effective Date. This Charter will become effective when signed by DNR, 1,000
Friends, the League, and the first local unit of government to subscribe to the Charter, and will
remain in effect for five years subsequent to that date.

2. Duration of Charter. This Charter will remain in effect for five (5) years from the
effective date unless terminated as described below:

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(A) The Charter may be extended for additional five (5) year terms with the
written approval of the DNR, 1,000 Friends, the League, and a majority of
the local units of government which have subscribed to this Charter.

(B) The Charter may be terminated as a whole by the DNR, 1,000 Friends, the
League, or a majority of the local units of government which have
subscribed to this Charter after 90 days of written notice of termination.

VI. Responsibilities of Signatories

1. The Wisconsin Department of Natural Resources agrees to:

(A) Convene an ad hoc “Resource Team” of agency experts to serve as a

resource for Charter Signatories

(B) Explore and facilitate access to state funding, and the means to prioritize
funding applications, on behalf of Charter Signatories to further the goals
of this Charter

(C) Provide access to senior DNR officials so that barriers to sustainable

practices may be identified and removed

(D) Facilitate interagency cooperation with the Department of Transportation

on behalf of Charter Signatories

2. 1,000 Friends of Wisconsin agrees to:

(A) Promote and solicit signatories to the Charter

(B) Organize and convene regular meetings and conference calls of the
Charter signatories

(C) Lead an annual evaluation of the progress towards the goals of the Charter

3. The League of Municipalities agrees to:

(A)

4. Individual local units of government who become signatories to this Charter agree
to:

(A) Provide baseline data on GHG emissions, energy use, VMT, and other
parameters as determined by the Charter signatories, and provide regular
updates to these data

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(B) Engage the public and other affected stakeholders, and track public
response and opinion as to the goals and progress of the Charter

(C) Identify and act upon local environmental priorities consistent with this
Charter while striving in good faith to achieve each of the Charter’s goals

(D) Share information, technologies, and strategies used to advance the

Charter’s goals with the other signatories to the Charter

(E) Work towards continuous environmental improvement by incorporating

GHG emission reductions, reductions in total energy use, and increases in
the use of renewable energy in all aspects of local government operations.

VII. Governance Provisions

Gov. Jim Doyle signed into law Wisconsin’s Green Tier program in April 2004. This results-
based environmental policy rewards superior environmental performance that improves the
quality of air, water, land or natural resources beyond the minimum standard required by law.
Green Tier allows the state to differentiate among good environmental actors and those
performing at or near the regulatory minimum.

The Charter known as “Legacy Communities Green Tier Charter” (LCGTC).

This Charter will be governed by a Steering Committee.

Membership will consist of one member from each of the partnering organizations (1,000
Friends of Wisconsin, Wisconsin League of Municipalities, and Wisconsin Department of
Natural Resources [and (WECC-the Wisconsin Energy Conservation Corporation) and/or (MEG-
Municipal Environmental Group)]; and one member each from two of the participating Tier Two
communities.

The Executive Officer of each Partnering Organizations can either appoint their representative or
establish a selection process.
Each Tier Two Charter Member Communities Executive Officer may submit a nomination to the
Partnering Organizations for consideration and selection.

The LCGTC Steering Committee shall:

1. Meet at least on a quarterly basis,
2. Be established to oversee the charters development, criteria and rules,
3. Accept and review applications for membership in the Charter,
4. Meet at least on a semi annual basis to review LCGTC members annual reports outlining
their successes and revised targets, and certify continual improvements,
5. Advocate for LCGTC Members with State agencies for recognition and consideration
corresponding to their superior environmental performance,
6. Review required Environmental Management System Plans and demonstration of
superior environmental performance for Tier 2 participation.
7. Certify scoring using agreed upon metrics for awarding incentives.

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8. Secure funds to provide for the ongoing administration and implementation of the
LCGTC.



VIII. General Provisions

Amendment to the Charter to add requirements and change obligations over time

IX. Warranty of Authority

[Boilerplate]

X. Signatures

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