AB378,3,1614 79.005 (2m) "Power generation unit" means a complete set of electric
15generating equipment, as defined in s. 196.52 (9) (a) 1., that, collectively, is sufficient
16to generate electric power.
AB378, s. 6 17Section 6. 79.005 (3) of the statutes is amended to read:
AB378,3,1918 79.005 (3) "Production plant" also includes does not include substations and
19general structures
.
AB378, s. 7 20Section 7. 79.005 (4) of the statutes is created to read:
AB378,3,2121 79.005 (4) "Repowered" means any of the following:
AB378,3,2422 (a) Replacing the boiler on an existing fossil fuel steam unit with a combustion
23turbine and heat recovery steam generator and reusing the steam turbine and heat
24rejection system.
AB378,4,2
1(b) Adding a heat recovery steam generator to a simple cycle combustion
2turbine.
AB378,4,43 (c) Demolishing or abandoning an existing power generation unit and replacing
4it with a new power generation unit at the same site.
AB378, s. 8 5Section 8. 79.04 (1) (intro.) of the statutes is amended to read:
AB378,4,166 79.04 (1) (intro.) Annually, except for production plants that begin operation
7after December 31, 2003, or begin operation as a repowered production plant after
8December 31, 2003,
the department of administration, upon certification by the
9department of revenue, shall distribute to a municipality having within its
10boundaries a production plant or a, general structure, including production plants
11and general structures under construction
or substation, used by a light, heat, or
12power company assessed under s. 76.28 (2) or 76.29 (2), except property described in
13s. 66.0813 unless the production plant or substation is owned or operated by a local
14governmental unit located outside of the municipality, or by an electric cooperative
15assessed under ss. 76.07 and 76.48, respectively, or by a municipal electric company
16under s. 66.0825 the amount determined as follows:
AB378, s. 9 17Section 9. 79.04 (1) (a) of the statutes is amended to read:
AB378,5,1518 79.04 (1) (a) An amount from the shared revenue account determined by
19multiplying by 3 mills in the case of a town, and 6 mills in the case of a city or village,
20the first $125,000,000 of the amount shown in the account, plus leased property, of
21each public utility except qualified wholesale electric companies, as defined in s.
2276.28 (1) (gm), on December 31 of the preceding year for either "production plant,
23exclusive of land" and," "general structures", or "work in progress" for production
24plants and general structures under construction,
," and "substations," in the case of
25light, heat and power companies, electric cooperatives or municipal electric

1companies, for all property within a municipality in accordance with the system of
2accounts established by the public service commission or rural electrification
3administration, less depreciation thereon as determined by the department of
4revenue and less the value of treatment plant and pollution abatement equipment,
5as defined under s. 70.11 (21) (a), as determined by the department of revenue plus
6an amount from the shared revenue account determined by multiplying by 3 mills
7in the case of a town, and 6 mills in the case of a city or village, of the first
8$125,000,000 of the total original cost of production plant, general structures, and
9work-in-progress substations less depreciation, land and approved waste treatment
10facilities of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm),
11as reported to the department of revenue of all property within the municipality. The
12total of amounts, as depreciated, from the accounts of all public utilities for the same
13production plant is also limited to not more than $125,000,000. The amount
14distributable to a municipality under this subsection and sub. (6) in any year shall
15not exceed $300 times the population of the municipality.
AB378, s. 10 16Section 10. 79.04 (1) (b) 2. of the statutes is amended to read:
AB378,5,2317 79.04 (1) (b) 2. When a light, heat or power company no longer uses property
18described under par. (a) as production plant, substation, or general structure in a
19municipality, the amount established under subd. 1. shall be reduced by the
20proportion that the property that is no longer used bears to the total value of all
21property described in par. (a) in the municipality. The proportion shall be determined
22according to the proportional value of the property when the light, heat or power
23company stops using the property.
AB378, s. 11 24Section 11. 79.04 (1) (c) 1. of the statutes is amended to read:
AB378,6,7
179.04 (1) (c) 1. The payment for any municipality in which a production plant
2is located, which the public service commission certifies to the department of revenue
3will produce a nominal rated capacity of 200 megawatts or more, shall be no less than
4$75,000 annually, except that the amount distributable to a municipality in any year
5shall not exceed the per capita limit specified in par. (a). Payments under this
6paragraph may be extended to decommissioned production plants as provided in
7subd. 3.
AB378, s. 12 8Section 12. 79.04 (1) (c) 3. of the statutes is amended to read:
AB378,6,169 79.04 (1) (c) 3. If a production plant with a nominal rated capacity of 200
10megawatts or more is decommissioned or becomes nonutility property, the $75,000
11minimum guaranteed payment under subd. 1. shall continue but diminish by $7,500
12annually, except that the minimum guaranteed payment under this subdivision
13shall cease in the year following the first year in which the property becomes taxable
14by the taxation district. In this subdivision, "nonutility property" has the meaning
15set forth in the uniform system of accounts established by the public service
16commission. This subdivision does not apply after the distributions in 2004.
AB378, s. 13 17Section 13. 79.04 (2) (a) of the statutes is amended to read:
AB378,8,218 79.04 (2) (a) Annually, except for production plants that begin operation after
19December 31, 2003, or begin operation as a repowered production plant after
20December 31, 2003,
the department of administration, upon certification by the
21department of revenue, shall distribute from the shared revenue account to any
22county having within its boundaries a production plant or a, general structure,
23including production plants and general structures under construction or
24substation
, used by a light, heat or power company assessed under s. 76.28 (2) or
2576.29 (2), except property described in s. 66.0813 unless the production plant or

1substation
is owned or operated by a local governmental unit that is located outside
2of the municipality in which the production plant or substation is located, or by an
3electric cooperative assessed under ss. 76.07 and 76.48, respectively, or by a
4municipal electric company under s. 66.0825 an amount determined by multiplying
5by 6 mills in the case of property in a town and by 3 mills in the case of property in
6a city or village the first $125,000,000 of the amount shown in the account, plus
7leased property, of each public utility except qualified wholesale electric companies,
8as defined in s. 76.28 (1) (gm), on December 31 of the preceding year for either
9"production plant, exclusive of land" and," "general structures", or "work in progress"
10for production plants and general structures under construction,
," and
11"substations,"
in the case of light, heat and power companies, electric cooperatives
12or municipal electric companies, for all property within the municipality in
13accordance with the system of accounts established by the public service commission
14or rural electrification administration, less depreciation thereon as determined by
15the department of revenue and less the value of treatment plant and pollution
16abatement equipment, as defined under s. 70.11 (21) (a), as determined by the
17department of revenue plus an amount from the shared revenue account determined
18by multiplying by 6 mills in the case of property in a town, and 3 mills in the case of
19property in a city or village, of the total original cost of production plant, general
20structures, and work-in-progress substations less depreciation, land and approved
21waste treatment facilities of each qualified wholesale electric company, as defined in
22s. 76.28 (1) (gm), as reported to the department of revenue of all property within the
23municipality. The total of amounts, as depreciated, from the accounts of all public
24utilities for the same production plant is also limited to not more than $125,000,000.

1The amount distributable to a county under this subsection and sub. (6) in any year
2shall not exceed $100 times the population of the county.
AB378, s. 14 3Section 14. 79.04 (2) (am) 2. of the statutes is amended to read:
AB378,8,104 79.04 (2) (am) 2. When a light, heat or power company no longer uses property
5described under par. (a) as production plant, substation, or general structure in a
6county, the amount established under subd. 1. shall be reduced by the proportion that
7the property that is no longer used bears to the total value of all property described
8in par. (a) in the county. The proportion shall be determined according to the
9proportional value of the property when the light, heat or power company stops using
10the property.
AB378, s. 15 11Section 15. 79.04 (3m) of the statutes is created to read:
AB378,8,1712 79.04 (3m) For purposes of determining the amount of the payments under
13subs. (1) and (2), the payments for a municipality and county in which an ash disposal
14facility that is owned and operated by an electric cooperative is operating prior to the
15effective date of this subsection .... [revisor inserts date], shall be calculated to
16include an amount that is equal to the net book value of the ash disposal facility
17multiplied by 2.
AB378, s. 16 18Section 16. 79.04 (4) of the statutes is amended to read:
AB378,8,2519 79.04 (4) (a) Annually, in addition to the amount amounts distributed under
20sub. (1) subs. (1), (5), (6), and (7), the department of administration shall distribute
21$50,000 to a municipality if spent nuclear fuel is stored within the municipality on
22December 31 of the preceding year. If a spent nuclear fuel storage facility is located
23within one mile of a municipality, that municipality shall receive $10,000 annually
24and the municipality where that storage facility is located shall receive $40,000
25annually.
AB378,9,8
1(b) Annually, in addition to the amount amounts distributed under sub. (2)
2subs. (2), (5), (6), and (7), the department of administration shall distribute $50,000
3to a county if spent nuclear fuel is stored within the county on December 31 of the
4preceding year. If a spent nuclear fuel storage facility is located at a production plant
5located in more than one county, the payment shall be apportioned according to the
6formula under sub. (1) (c) 2., except that the formula, as it applies to municipalities
7in that subdivision, applies to counties in this paragraph. The payment under this
8paragraph may not be less than $10,000 annually.
AB378, s. 17 9Section 17. 79.04 (5) of the statutes is created to read:
AB378,9,2010 79.04 (5) (a) Beginning with the distributions in 2005, if property that was
11exempt from the property tax under s. 70.112 (4) and that was used to generate power
12by a light, heat, or power company, except property under s. 66.0813, unless the
13production plant is owned or operated by a local governmental unit located outside
14of the municipality, or by an electric cooperative, or by a municipal electric company
15under s. 66.0825, is decommissioned, the municipality shall be paid, from the shared
16revenue account, an amount calculated by subtracting an amount equal to the
17property taxes paid for that property during the current year to the municipality for
18its general operations from the following percentages of the payment that the
19municipality received under this section during the last year that the property was
20exempt from the property tax:
AB378,9,2121 1. In the first year that the property is taxable, 100%.
AB378,9,2222 2. In the 2nd year that the property is taxable, 80%.
AB378,9,2323 3. In the 3rd year that the property is taxable, 60%.
AB378,9,2424 4. In the 4th year that the property is taxable, 40%.
AB378,9,2525 5. In the 5th year that the property is taxable, 20%.
AB378,10,10
1(b) Beginning with the distributions in 2005, if property that was exempt from
2the property tax under s. 70.112 (4) and that was used to generate power by a light,
3heat, or power company, except property under s. 66.0813, unless the production
4plant is owned or operated by a local governmental unit located outside of the
5municipality, or by an electric cooperative, or by a municipal electric company under
6s. 66.0825, is decommissioned, the county shall be paid, from the shared revenue
7account, an amount calculated by subtracting an amount equal to the property taxes
8paid for that property during the current year to the county for its general operations
9from the following percentages of the payment the county received under this section
10during the last year that the property was exempt from the property tax:
AB378,10,1111 1. In the first year that the property is taxable, 100%.
AB378,10,1212 2. In the 2nd year that the property is taxable, 80%.
AB378,10,1313 3. In the 3rd year that the property is taxable, 60%.
AB378,10,1414 4. In the 4th year that the property is taxable, 40%.
AB378,10,1515 5. In the 5th year that the property is taxable, 20%.
AB378, s. 18 16Section 18. 79.04 (6) of the statutes is created to read:
AB378,11,417 79.04 (6) (a) Annually, beginning in 2005, for production plants that begin
18operation after December 31, 2003, or begin operation as a repowered production
19plant after December 31, 2003, the department of administration, upon certification
20by the department of revenue, shall distribute payments from the shared revenue
21account, as determined under par. (b), to each municipality and county in which a
22production plant is located, if the production plant has a name-plate capacity of at
23least one megawatt and is used by a light, heat, or power company assessed under
24s. 76.28 (2) or 76.29 (2), except property described in s. 66.0813, unless the production
25plant is owned or operated by a local governmental unit located outside of the

1municipality; by a qualified wholesale electric company, as defined in s. 76.28 (1)
2(gm); by a wholesale merchant plant, as defined in s. 196.491 (1) (w); by an electric
3cooperative assessed under ss. 76.07 and 76.48, respectively; or by a municipal
4electric company under s. 66.0825.
AB378,11,85 (b) Subject to pars. (c) and (d), each municipality entitled to a payment under
6par. (a) and each county in which such a municipality is located shall receive a
7payment equal to a portion of an amount that is equal to the number of megawatts
8that represents the production plant's name-plate capacity, multiplied by $2,000.
AB378,11,179 (c) 1. If the production plant is located in a city or village, the city or village
10receives a payment equal to two-thirds of the amount determined under par. (b) and
11the county in which the city or village is located receives a payment equal to
12one-third of the amount determined under par. (b). If the production plant is located
13in a town, the town receives a payment equal to one-third of the amount determined
14under par. (b), and the county in which the town is located receives a payment equal
15to two-thirds of the amount determined under par. (b). If a municipality is located
16in more than one county, the county in which the production plant is located shall
17receive the county portion of the payment.
AB378,11,2318 2. For the purpose of determining the amount of the payment under par. (b),
19if a production plant is located in more than one municipality, the payment amount
20under par. (b) shall be divided among the municipalities in which the plant is located
21based on the net book value of that portion of the plant located in each municipality
22as of December 31, 2004, or as of the date on which the plant is operational,
23whichever is later.
AB378,12,324 (d) The total amount distributable to a municipality under this subsection and
25sub. (1) in any fiscal year shall not exceed an amount equal to the municipality's

1population multiplied by $300, and the total amount distributable to a county under
2this subsection and sub. (2) in any year shall not exceed an amount equal to the
3county's population multiplied by $100.
AB378, s. 19 4Section 19. 79.04 (7) of the statutes is created to read:
AB378,12,155 79.04 (7) (a) Beginning with payments in 2005, if a production plant, as
6described in sub. (6) (a), other than a nuclear-powered production plant, is built on
7the site of, or on a site adjacent to, an existing or decommissioned production plant;
8or is built on a site purchased by a public utility before January 1, 1980, that was
9identified in an advance plan as a proposed site for a production plant; or is built on,
10or on a site adjacent to, brownfields, as defined in s. 560.13 (1) (a), after December
1131, 2003, and has a name-plate capacity of at least one megawatt, each municipality
12and county in which such a production plant is located shall receive annually from
13the shared revenue account a payment in an amount that is equal to the number of
14megawatts that represents the production plant's name-plate capacity, multiplied
15by $600.
AB378,12,2216 (b) Beginning with payments in 2005, if a production plant, as described in sub.
17(6) (a), that is a baseload electric generating facility is built after December 31, 2003,
18and has a name-plate capacity of at least 50 megawatts, each municipality and
19county in which such a production plant is located shall receive annually from the
20shared revenue account a payment in an amount that is equal to the number of
21megawatts that represents the production plant's name-plate capacity, multiplied
22by $600.
AB378,13,423 (c) 1. Except as provided in subd. 2., beginning with payments in 2005, if a
24production plant, as described in sub. (6) (a), that derives energy from an alternative
25energy resource is built after December 31, 2003, and has a name-plate capacity of

1at least one megawatt, each municipality and county in which such a production
2plant is located shall receive annually from the shared revenue account a payment
3in an amount that is equal to the number of megawatts that represents the
4production plant's name-plate capacity, multiplied by $1,000.
AB378,13,125 2. If a production plant as described under subd. 1. fires an alternative energy
6resource together with a fuel other than an alternative energy resource, the number
7of megawatts used to calculate the payment under subd. 1. is the number of
8megawatts that represents the production plant's name-plate capacity multiplied by
9a percentage that represents the energy content of the alternative energy resource
10in the year prior to the year in which the payment is made as compared to the total
11energy content of the alternative energy resource and the other fuel in the year prior
12to the year in which the payment is made.
AB378, s. 20 13Section 20. 196.20 (7) of the statutes is created to read:
AB378,13,2014 196.20 (7) (a) In this subsection, "mitigation payment" means, as approved by
15the commission, an unrestricted or recurring monetary payment to a local unit of
16government in which an electric generating facility is located to mitigate the impact
17of the electric generating facility on the local unit of government. "Mitigation
18payment" does not include payments made or in-kind contributions for restricted
19purposes to directly address health or safety impacts of the electric generating
20facility on the local unit of government.
AB378,13,2221 (b) Except as provided in par. (c), an electric public utility may not recover in
22rates any of the following:
AB378,13,2323 1. The cost of mitigation payments paid by the utility.
AB378,14,324 2. The cost of mitigation payments paid by the owner or operator of an electric
25generating facility that the owner or operator recovers from the utility by selling

1electricity to the utility, by leasing the facility to the utility, or by any agreement
2between the owner or operator of the electric generating facility and the public
3utility.
AB378,14,64 (c) The commission shall only approve a mitigation payment agreement that
5is received by the commission before June 1, 2003, and, if the commission finds the
6agreement to be reasonable, shall not subsequently modify the agreement.
AB378, s. 21 7Section 21. Initial applicability.
AB378,14,108 (1) The treatment of sections 79.005 (1), (1b), (1d), (1f), (2m), (3), and (4) and
979.04 (1) (intro.), (a), (b) 2., and (c) 1., (2) (a) and (am) 2., (3m), (4), (5), (6), and (7) of
10the statutes first applies to distributions made on the 4th Monday in July, 2005.
AB378,14,1111 (End)
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