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).
401,7
Section
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.
401,8
Section
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.
401,9
Section
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.
401,10
Section
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.
401,11
Section
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.
401,14
Section
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).
401,15
Section
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).
401,16
Section
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 (o).
(b) Heat.
(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.
401,17
Section
17. 66.1103 (2) (k) 18. of the statutes is repealed.
401,18
Section
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.
401,19
Section
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.
401,20
Section
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.
401,21
Section
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.
401,22
Section
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.
401,23d
Section 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.
401,24
Section
24. 71.28 (5j) (a) 2d. of the statutes is created to read:
71.28 (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.
401,25
Section
25. 71.28 (5j) (a) 2m. of the statutes is created to read:
71.28 (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.
401,26
Section
26. 71.28 (5j) (b) of the statutes is amended to read:
71.28 (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 s. 71.23, 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.
401,26d
Section 26d. 71.28 (5j) (c) 3. of the statutes is created to read:
71.28 (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.
401,27
Section
27. 71.47 (5j) (a) 2d. of the statutes is created to read:
71.47 (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.
401,28
Section
28. 71.47 (5j) (a) 2m. of the statutes is created to read:
71.47 (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.
401,29
Section
29. 71.47 (5j) (b) of the statutes is amended to read:
71.47 (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 s. 71.43, 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.
401,29d
Section 29d. 71.47 (5j) (c) 3. of the statutes is created to read:
71.47 (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.
401,30
Section
30. 73.03 (50) (intro.) of the statutes is amended to read:
73.03 (50) (intro.) With the approval of the joint committee on finance, to establish fees for obtaining a business tax registration certificate, which, except as provided in s. 73.0302, is valid for 2 years, and for renewing that certificate and, except as provided in s. ss. 73.0302 and 73.0303, shall issue and renew those certificates if the person who wishes to obtain or renew a certificate does all of the following:
401,31
Section
31. 73.0303 of the statutes is created to read:
73.0303 Personal renewable fuel production. The department may not require a person to obtain a business tax registration certificate related to the production or use of renewable fuel that is exempt under s. 78.01 (2n) from the tax imposed under s. 78.01 (1).
401,32
Section
32. 78.005 (13j) of the statutes is created to read:
78.005 (13j) "Renewable fuel" means fuel that is produced from renewable biomass and that is used to replace or reduce the quantity of fossil fuel used in motor vehicle fuel. "Renewable fuel" includes biodiesel fuel, as defined in s. 168.14 (2m).
401,33
Section
33. 78.01 (2n) of the statutes is created to read:
78.01 (2n) Personal renewable fuel producer exemption. No tax is imposed under sub. (1) on the first 1,000 gallons of renewable fuel produced or converted from another purpose each year by an individual and used by that individual in his or her personal motor vehicle, if the individual does not sell any such renewable fuel during that year.
401,34
Section
34. 78.07 (5) of the statutes is created to read:
78.07 (5) Renewable fuel exempt under s. 78.01 (2n) from the tax under s. 78.01 (1) is not received for the purposes of this section.
401,35
Section
35
. 93.07 (26) of the statutes is created to read:
93.07 (26) Alternative fuel refueling facilities. To pursue in cooperation with the office of energy independence, the establishment and maintenance of sufficient alternative fuel refueling facilities at public retail outlets to meet the traveling needs of the public.
401,36
Section
36. 93.46 (1) (d) of the statutes is renumbered 93.46 (1) (d) (intro.) and amended to read:
93.46 (1) (d) (intro.) Promote and assist the development and use of industrial and commercial products from agricultural commodities and forestry products and from the production of these commodities, including alternative fuels produced from agricultural source stocks. all of the following:
401,37
Section
37. 93.46 (1) (d) 1. to 4. of the statutes are created to read:
93.46
(1) (d) 1. Alternative fuels, including fuels that are considered to be renewable fuels under the renewable fuel program under
42 USC 7545 (o).
2. Heat.
3. Electricity, including electricity that satisfies the requirements in s. 196.378 (2).
4. 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 the agricultural commodity.
401,38
Section
38. 93.46 (1e) of the statutes is created to read:
93.46 (1e) The department shall promote and assist the development and use of the products identified in sub. (1) (d) 1. to 4. in cooperation with and with the assistance of the department of natural resources and the University of Wisconsin-Extension.
401,39
Section
39. 93.46 (2) (a) of the statutes is amended to read:
93.46 (2) (a) The department shall make agricultural and forestry research and development grants. The department may provide grants to fund demonstration projects, feasibility analyses and applied research directed toward new or alternative technologies and practices that will stimulate agricultural and forestry development and economic activity.
401,40
Section
40. 93.46 (2) (b) 4m. and 5m. and (dm) of the statutes are created to read:
93.46 (2) (b) 4m. Diversification and expansion of the production, processing, and distribution of forestry products that are used to produce alternative fuels, heat, or electricity.
5m. Commercial application of new technologies or practices related to the production of alternative fuels, heat, or electricity from forestry products.
(dm) If the department receives an application under this subsection for a grant for a forestry-related project, analysis, or applied research, the department shall do all of the following:
1. Consult with the department of natural resources in evaluating the grant application.
2. If the department of agriculture, trade and consumer protection awards the grant, require the grant recipient to coordinate its activities under the grant with any forestry-related programs identified by the department of natural resources in the consultation under subd. 1.
401,41
Section
41. 93.46 (3) of the statutes is repealed.
401,42
Section
42. 93.47 of the statutes is created to read:
93.47 Bioenergy council. (1) The bioenergy council shall identify voluntary best management practices for sustainable biomass and biofuels production, which may include consideration of practices related to choosing biomass species, where to plant, crop management, harvest, and processing and transport, and factors such as soil management, chemical inputs, carbon sequestration in soil and root mass, plant and animal biodiversity, and other factors at the discretion of the council. The council shall consider efforts relating to sustainable biomass and biofuels production conducted by other entities, including the council on forestry.
