2009 WISCONSIN ACT 401
An Act to repeal 66.1103 (2) (k) 18. and 93.46 (3); to renumber and amend 16.956 (2) (c), 93.46 (1) (d) and 560.126 (1); to amend 16.04 (1) (a), 16.956 (3) (a) and (c), 20.115 (4) (c), 20.115 (4) (r), 70.32 (2) (c) 1g., 71.07 (5j) (b), 71.28 (5j) (b), 71.47 (5j) (b), 73.03 (50) (intro.), 93.46 (2) (a), 96.01 (3) and 96.02; and to create 15.137 (6), 16.045 (1) (cm) and (f), 16.045 (4m) and (6), 16.954, 16.956 (1) (bg) and (br), 16.956 (2) (c) 2. and 3., 16.956 (3) (f), 16.956 (4), 26.42, 70.32 (2) (c) 1i., 70.32 (2) (c) 1k., 71.07 (5j) (a) 2d., 71.07 (5j) (a) 2m., 71.07 (5j) (c) 3., 71.28 (5j) (a) 2d., 71.28 (5j) (a) 2m., 71.28 (5j) (c) 3., 71.47 (5j) (a) 2d., 71.47 (5j) (a) 2m., 71.47 (5j) (c) 3., 73.0303, 78.005 (13j), 78.01 (2n), 78.07 (5), 93.07 (26), 93.46 (1) (d) 1. to 4., 93.46 (1e), 93.46 (2) (b) 4m. and 5m. and (dm), 93.47, 96.01 (4m), 96.05 (1m), 100.51 (6), 100.60, 168.05 (6), 168.12 (2) and 560.126 (1d) of the statutes; relating to: financial assistance related to bioenergy feedstocks, biorefineries, and conversion to biomass energy; the definition of the term agricultural use for the purpose of determining the assessed value of a parcel of land; requiring a strategic bioenergy feedstock assessment; creation of a bioenergy council; the agricultural and forestry diversification programs; biofuels training assessment; a study of regulatory burdens relating to biofuel production facilities; marketing orders and agreements for bioenergy feedstocks; exempting personal renewable fuel production and use from the motor vehicle fuel tax, the petroleum inspection fee, and business tax registration requirements; an income and franchise tax credit for installing or retrofitting pumps that mix motor vehicle fuels from separate storage tanks; offering gasoline that is not blended with ethanol to motor fuel dealers; state renewable motor vehicle fuels sales goals; use of petroleum-based transportation fuels by state vehicles; use of alternative fuels in flex fuel vehicles owned by the state; use of public alternative fuel refueling facilities; duties of the Office of Energy Independence; granting rule-making authority; requiring the exercise of rule-making authority; making appropriations; and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
401, s. 1
15.137 (6) of the statutes is created to read:
15.137 (6) Bioenergy council. There is created a bioenergy council which is attached to the department of agriculture, trade and consumer protection under s. 15.03. The secretary of agriculture, trade and consumer protection shall appoint the members of the council, to serve at the pleasure of the secretary.
401, s. 2
16.04 (1) (a) of the statutes is amended to read:
16.04 (1) (a) Develop uniform state policies and guidelines for vehicle and aircraft acquisition, use, maintenance, recording of operational and other costs, performance evaluation and replacement of vehicles and aircraft. The department shall incorporate the fuel usage requirements under s. 16.045 (4m) in any policies or guidelines developed under this paragraph.
401, s. 3
16.045 (1) (cm) and (f) of the statutes are created to read:
16.045 (1) (cm) "Flex fuel vehicle" means a vehicle designed to operate on gasoline, a blend of a fuel marketed as gasoline and 85 percent ethanol or a higher percentage of ethanol, or a mixture of gasoline and that blend.
(f) "Office" means the office of energy independence.
401, s. 4
16.045 (4m) and (6) of the statutes are created to read:
16.045 (4m) The department shall require all agencies to collectively reduce the usage of gasoline and diesel fuel in state-owned vehicles that is petroleum-based below the total amount that the agencies used in 2006 by at least the following percentages:
(a) For gasoline:
1. Twenty percent by 2010.
2. Fifty percent by 2015.
(b) For diesel fuel:
1. Ten percent by 2010.
2. Twenty-five percent by 2015.
(6) The office shall adopt, revise as necessary, and implement a plan designed to facilitate usage of alternative fuels in the flex fuel vehicles and other vehicles owned by the state. The plan shall ensure all of the following:
(a) That all flex fuel vehicles and other vehicles powered by an alternative fuel other than gasohol that are owned by the state are identifiable.
(b) That all state employees driving flex fuel vehicles and other vehicles powered by an alternative fuel other than gasohol are made aware of the alternative fuel refueling stations in the vicinity of their route of travel.
(c) That all state employees strive to use alternative fuels when operating state flex fuel and diesel-powered vehicles.
401, s. 5
16.954 of the statutes is created to read:
16.954 Strategic bioenergy feedstock assessment. (1) In this section:
(a) "Affected agencies" means the department of administration, the department of agriculture, trade and consumer protection, the department of natural resources, the office, and the public service commission.
(b) "Bioenergy feedstock" means biomass used to produce energy, including transportation fuel, heat, or electricity.
(c) "Office" means the office of energy independence.
(2) The office shall coordinate among affected agencies the preparation of a biennial strategic bioenergy feedstock assessment that assists producers and users of bioenergy feedstocks and state and local government policy makers in understanding trends in the production and use of bioenergy feedstocks in this state and the effects of that production and use. Using readily available information, each assessment shall do all of the following:
(a) Summarize the bioenergy feedstocks currently and projected to be produced in the state by region.
(b) Identify the current and projected significant markets for bioenergy feedstocks produced in the state and major facilities located or likely to be located in the state that use bioenergy feedstocks produced in or outside the state.
(c) Identify key factors that influence the supply of and demand for major bioenergy feedstocks in the state, including the types and amounts of land devoted to producing these feedstocks.
(d) Assess whether any of the factors identified under par. (c) are likely to change during the period covered by the assessment and, if so, how those changes may affect the availability of future bioenergy feedstocks.
(e) Assess the impacts of the increased use in the state of biomass for energy production on all of the following:
1. Other consumers of that biomass.
2. Land use.
3. Environmental quality.
4. Other benefits and services derived from the natural systems in which the biomass is produced.
(f) Recommend, as appropriate, legislation or changes in programs or rules of affected agencies, including whether the assessment should be continued.
(3) No later than April 30, 2013, and no later than April 30 of each odd-numbered year thereafter, the office shall submit a copy of an assessment prepared under sub. (2) to the governor and the appropriate standing committees of the legislature under s. 13.172 (3) and shall post a copy of the assessment on the office's Internet site.
401, s. 6
16.956 (1) (bg) and (br) of the statutes are created to read:
16.956 (1) (bg) "Biorefinery" means a facility, including equipment and processes, that converts biomass into fuels and products and may produce electricity.
(br) "Executive branch agency" has the meaning given in s. 16.70 (4).
401, s. 7
16.956 (2) (c) of the statutes is renumbered 16.956 (2) (c) (intro.) and amended to read:
16.956 (2) (c) (intro.) Ensuring that Wisconsin is a national leader in groundbreaking all of the following:
1. Groundbreaking research that will make alternative energies more affordable and create well-paying jobs in this state.
401, s. 8
16.956 (2) (c) 2. and 3. of the statutes are created to read:
16.956 (2) (c) 2. Developing biorefineries.
3. Advancing the sale and use in all types of motor vehicles of blends of gasoline and a biofuel that contain more than 10 percent of the biofuel.
401, s. 9
16.956 (3) (a) and (c) of the statutes are amended to read:
16.956 (3) (a) Ensure and facilitate the implementation of the initiatives specified in sub. (2) and identify barriers to the implementation of such initiatives. The office shall serve as the central unit of state government to coordinate the activities of all executive branch agencies in connection with these initiatives.
(c) Develop energy independence policy options for consideration by the governor, the legislature, and
state the executive branch agencies.
401, s. 10
16.956 (3) (f) of the statutes is created to read:
16.956 (3) (f) Pursue, in cooperation with the department of agriculture, trade and consumer protection, the establishment and maintenance of sufficient alternative fuel refueling facilities at public retail outlets to meet the traveling needs of the public.
401, s. 11
16.956 (4) of the statutes is created to read:
16.956 (4) Other state agencies shall assist the office in fulfilling its duties under this section to the fullest extent possible.
401, s. 14
20.115 (4) (c) of the statutes is amended to read:
20.115 (4) (c) Agricultural investment aids. Biennially, the amounts in the schedule for agricultural research and development grants under s. 93.46 (2) and (3).
401, s. 15
20.115 (4) (r) of the statutes is amended to read:
20.115 (4) (r) Agricultural investment aids, agrichemical management fund. Biennially, from the agrichemical management fund, the amounts in the schedule for agricultural research and development grants under s. 93.46 (2) and (3).
401, s. 16
26.42 of the statutes is created to read:
26.42 Forestry diversification. (1) The department shall establish a forestry diversification program and shall promote and assist the development and use of industrial and commercial products from forestry products, including all of the following:
(a) Alternative fuels, including fuels that are considered to be renewable fuels under the renewable fuel program under 42 USC 7545
(c) Electricity, including electricity that satisfies the requirements in s. 196.378 (2).
(d) Marketable credits for reducing emissions of greenhouse gases, as defined in s. 285.78 (1) (c), derived from appropriate management practices used in the production of timber.
(2) The department shall promote and assist the development and use of the products identified in sub. (1) (a) to (d) in cooperation with and with the assistance of the department of agriculture, trade and consumer protection and the University of Wisconsin-Extension.
401, s. 17
66.1103 (2) (k) 18. of the statutes is repealed.
401, s. 18
70.32 (2) (c) 1g. of the statutes is amended to read:
70.32 (2) (c) 1g. "Agricultural land" means land, exclusive of buildings and improvements and the land necessary for their location and convenience, that is devoted primarily to agricultural use, as defined by rule.
401, s. 19
70.32 (2) (c) 1i. of the statutes is created to read:
70.32 (2) (c) 1i. "Agricultural use" means agricultural use as defined by the department of revenue by rule and includes the growing of short rotation woody crops, including poplars and willows, using agronomic practices.
401, s. 20
70.32 (2) (c) 1k. of the statutes is created to read:
70.32 (2) (c) 1k. "Agronomic practices" means agricultural practices generally associated with field crop production, including soil management, cultivation, and row cropping.
401, s. 21
71.07 (5j) (a) 2d. of the statutes is created to read:
71.07 (5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and any other fuel derived from a renewable resource that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel and that the department of commerce designates by rule as a diesel replacement renewable fuel.
401, s. 22
71.07 (5j) (a) 2m. of the statutes is created to read:
71.07 (5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and any other fuel derived from a renewable resource that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel and that the department of commerce designates by rule as a gasoline replacement renewable fuel.
71.07 (5j) (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2007, and before January 1, 2018, a claimant may claim as a credit against the taxes imposed under ss. 71.02 and 71.08, up to the amount of the taxes, an amount that is equal to 25 percent of the amount that the claimant paid in the taxable year to install or retrofit pumps located in this state that dispense motor vehicle fuel consisting of at least marketed as gasoline and 85 percent ethanol or a higher percentage of ethanol or at least motor vehicle fuel marketed as diesel fuel and 20 percent biodiesel fuel or that mix fuels from separate storage tanks and allow the end user to choose the percentage of gasoline replacement renewable fuel or diesel replacement renewable fuel in the motor vehicle fuel dispensed.
401, s. 23d
71.07 (5j) (c) 3. of the statutes is created to read:
71.07 (5j) (c) 3. The department of commerce shall establish standards to adequately prevent, in the distribution of conventional fuel to an end user, the inadvertent distribution of fuel containing a higher percentage of renewable fuel than the maximum percentage established by the federal environmental protection agency for use in conventionally-fueled engines.
401, s. 24
71.28 (5j) (a) 2d. of the statutes is created to read: