(b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2009, and before January 1, 2020, a claimant may claim as a credit against the tax imposed under s. 71.43, up to the amount of the tax, the amount determined as follows, except that the maximum amount that a claimant may claim in a taxable year under this subsection is $300,000:
1. Subtract the claimant's 2009 water usage costs from the claimant's water usage costs for the taxable year.
2. If the amount determined under subd. 1. is a positive number, multiply that amount by 0.50.
(c) Limitations. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of amounts under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.
(d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.
332, s. 8L
71.49 (1) (ce) of the statutes is created to read:
71.49 (1) (ce) Water consumption credit under s. 71.47 (5rm).
"Net business income," with respect to a partnership, means taxable income as calculated under section 703
of the Internal Revenue Code; plus the items of income and gain under section 702
of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section 702
of the Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments to partners under section 707
(c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3s), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5rm),
and (8r); and plus or minus, as appropriate, transitional adjustments, depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding income, gain, loss, and deductions from farming. "Net business income," with respect to a natural person, estate, or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employee as defined in section 3121
(d) (3) of the Internal Revenue Code.
332, s. 9
196.374 (2) (a) 2. e. of the statutes is created to read:
196.374 (2) (a) 2. e. Components to implement energy efficiency or renewable energy measures in facilities of manufacturing businesses in this state that are consistent with the objectives under s. 560.128 (1) (a).
332, s. 10
196.374 (2) (a) 4. of the statutes is created to read:
196.374 (2) (a) 4. A person contracted to administer the programs under subd. 1. shall ensure coordination between the programs directed towards industrial and manufacturing customers under subd. 1. and the program under s. 560.128. Annually, a person contracted to administer the programs under subd. 1. shall submit a report to the commission and to the department of commerce regarding the programs directed towards industrial and manufacturing customers under subd. 1.
332, s. 11
196.374 (3) (a) of the statutes is amended to read:
196.374 (3) (a) In general. The commission shall have oversight of programs under sub. (2). The commission shall maximize coordination of program delivery, including coordination between programs under subs. (2) (a) 1., (b) 1. and 2., and (c) and (7), ordered programs, low-income weatherization programs under s. 16.957, renewable resource programs under s. 196.378, and other energy efficiency or renewable resource programs. The commission shall cooperate with the department of natural resources to ensure coordination of energy efficiency and renewable resource programs with air quality programs and to maximize and document the air quality improvement benefits that can be realized from energy efficiency and renewable resource programs. The commission shall cooperate with the department of commerce to ensure coordination of energy efficiency and renewable resource programs under sub. (2) (a) 2. e. with the loan program under s. 560.128 (1) (a).
332, s. 12
560.128 of the statutes is created to read:
560.128 Loans to manufacturing businesses. (1) From the appropriations under s. 20.143 (1) (c), (gm), (hr), (ie), (m), (mr), and (n), the department may make a loan to a manufacturing business in this state to do any of the following:
(a) Implement energy efficiency or renewable energy measures in their facilities to enhance their competitiveness.
(b) Retool existing facilities to manufacture products that support the green economy.
(c) Expand or establish domestic clean energy manufacturing operations.
(d) Create or retain jobs for workers engaged in activities under pars. (a) to (c).
(2) The department shall promulgate rules establishing eligibility criteria that do all of the following:
(a) Set clear job-creation or job-retention standards for loan recipients.
(b) Establish minimum energy savings that an eligible manufacturer must expect will result from the loan's utilization.
(c) Give priority to existing manufacturing businesses and idle manufacturing facilities.
(d) Ensure that loans under this section will be distributed to manufacturing businesses throughout the state.
(e) Require all work paid for with the proceeds of a loan under this section be performed by one of the following:
1. Employees who are paid an hourly wage that is not less than 150 percent of the federal minimum wage.
2. A contractor or subcontractor that agrees to pay all employees who perform work paid for with the proceeds of a loan under this section an hourly wage that is not less than 150 percent of the federal minimum wage.
(1) Using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate rules required under section 560.128 (2) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under that section, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of commerce is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection.