Amendment ASA1-AB584

AB584-ASA1,5,23 79.04 (1) (c) 1. The payment for any municipality in which a production plant is located, which the public service commission certifies to the department of revenue will produce a nominal rated capacity of 200 megawatts or more, shall be no less than $75,000 annually, except that the amount distributable to a municipality in any year shall not exceed the per capita limit specified in par. (a). Payments under this paragraph may be extended to decommissioned production plants as provided in subd. 3 (am).

AB584-ASA1, s. 11 Section 11. 79.04 (1) (c) 3. of the statutes is repealed.

AB584-ASA1, s. 12 Section 12. 79.04 (1) (c) 4. of the statutes is created to read:

AB584-ASA1,6,9 79.04 (1) (c) 4. Beginning with the distributions in 2003, if property that was exempt from the property tax under s. 70.112 (4) and that was used to generate power by a light, heat, or power company, except property under s. 66.0813, by an electric cooperative, by a municipal electric company, or by a qualified wholesale electric company, is decommissioned, the municipality shall be paid an amount calculated by subtracting an amount equal to the property taxes paid for that property during the current year to the municipality for its general operations from the following percentages of the payment that the municipality received under this section during the last year that the property was exempt from the property tax:

AB584-ASA1,6,10 a. In the first year that the property is taxable, 100%.

AB584-ASA1,6,11 b. In the 2nd year that the property is taxable, 80%.

AB584-ASA1,6,12 c. In the 3rd year that the property is taxable, 60%.

AB584-ASA1,6,13 d. In the 4th year that the property is taxable, 40%.

AB584-ASA1,6,14 e. In the 5th year that the property is taxable, 20%.

AB584-ASA1, s. 13 Section 13. 79.04 (2) (a) of the statutes is amended to read:

AB584-ASA1,8,4 79.04 (2) (a) Annually Except as provided in par. (ad) and sub. (5), annually, the department of administration, upon certification by the department of revenue, shall distribute from the shared revenue account in 2002, and from the public utility distribution account in 2003 and subsequent years, to any county having within its boundaries a production plant or a general structure, including production plants and general structures under construction, used by a light, heat or power company assessed under s. 76.28 (2), except property described in s. 66.0813 unless the production plant is owned or operated by a local governmental unit that is located outside of the municipality in which the production plant is located, or by an electric cooperative assessed under ss. 76.07 and 76.48, respectively, or by a municipal electric company under s. 66.0825 an amount determined by multiplying by 6 mills in the case of property in a town and by 3 mills in the case of property in a city or village, for the distribution in 2002, the first $125,000,000; for the distribution in 2003, the first $140,000,000; for the distribution in 2004, the first $160,000,000; for the distribution in 2005, the first $185,000,000; and for the distribution in 2006 and subsequent years, the first $250,000,000; of the amount shown in the account, plus leased property, of each public utility except qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding year for either "production plant, exclusive of land" and "general structures", or "work in progress" for production plants and general structures under construction, in the case of light, heat and power companies, electric cooperatives or municipal electric companies, for all property within the municipality in accordance with the system of accounts established by the public service commission or rural electrification administration, less depreciation thereon as determined by the department of revenue and less the value of treatment plant and pollution abatement equipment, as defined under s. 70.11 (21) (a), as determined by the department of revenue plus an amount from the shared revenue account in 2002, and from the public utility distribution account in 2003 and subsequent years, determined by multiplying by 6 mills in the case of property in a town, and 3 mills in the case of property in a city or village, of the total original cost of production plant, general structures and work-in-progress less depreciation, land and approved waste treatment facilities of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), as reported to the department of revenue of all property within the municipality. The total of amounts, as depreciated, from the accounts of all public utilities for the same production plant is also limited to not more than $125,000,000. The amount distributable to a county in any year shall not exceed $100 times the population of the county, for the distribution in 2002; $140,000,000, for the distribution in 2003; $160,000,000, for the distribution in 2004; $185,000,000, for the distribution in 2005; and $250,000,000, for the distribution in 2006 and subsequent years.

AB584-ASA1, s. 14 Section 14. 79.04 (2) (a) of the statutes, as affected by 2001 Wisconsin Acts 16 and .... (this act) is repealed and recreated to read:

AB584-ASA1,9,19 79.04 (2) (a) Except as provided in par. (ad) and sub. (5), annually, the department of administration, upon certification by the department of revenue, shall distribute from the shared revenue account in 2002, and from the public utility distribution account in 2003 and subsequent years, to any county having within its boundaries a production plant or a general structure, including production plants and general structures under construction, used by a light, heat or power company assessed under s. 76.28 (2) or 76.29 (2), except property described in s. 66.0813 unless the production plant is owned or operated by a local governmental unit that is located outside of the municipality in which the production plant is located, or by an electric cooperative assessed under ss. 76.07 and 76.48, respectively, or by a municipal electric company under s. 66.0825 an amount determined by multiplying by 6 mills in the case of property in a town and by 3 mills in the case of property in a city or village, for the distribution in 2002, the first $125,000,000; for the distribution in 2003, the first $140,000,000; for the distribution in 2004, the first $160,000,000; for the distribution in 2005, the first $185,000,000; and for the distribution in 2006 and subsequent years, the first $250,000,000; of the amount shown in the account, plus leased property, of each public utility except qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding year for either "production plant, exclusive of land" and "general structures", or "work in progress" for production plants and general structures under construction, in the case of light, heat and power companies, electric cooperatives or municipal electric companies, for all property within the municipality in accordance with the system of accounts established by the public service commission or rural electrification administration, less depreciation thereon as determined by the department of revenue and less the value of treatment plant and pollution abatement equipment, as defined under s. 70.11 (21) (a), as determined by the department of revenue plus an amount from the shared revenue account in 2002, and from the public utility distribution account in 2003 and subsequent years, determined by multiplying by 6 mills in the case of property in a town, and 3 mills in the case of property in a city or village, of the total original cost of production plant, general structures and work-in-progress less depreciation, land and approved waste treatment facilities of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), as reported to the department of revenue of all property within the municipality. The total of amounts, as depreciated, from the accounts of all public utilities for the same production plant is also limited to not more than $125,000,000, for the distribution in 2002; $140,000,000, for the distribution in 2003; $160,000,000, for the distribution in 2004; $185,000,000, for the distribution in 2005; and $250,000,000, for the distribution in 2006 and subsequent years.

AB584-ASA1, s. 15 Section 15. 79.04 (2) (ad) of the statutes is created to read:

AB584-ASA1,9,22 79.04 (2) (ad) The amount distributable to a county under par. (a) shall not exceed the following:

AB584-ASA1,9,24 1. For the distribution in 2002, an amount equal to the county's population multiplied by $100.

AB584-ASA1,10,2 2. For the distribution in 2003, an amount equal to the county's population multiplied by $225.

AB584-ASA1,10,4 3. For the distribution in 2004, an amount equal to the county's population multiplied by $325.

AB584-ASA1,10,6 4. For the distribution in 2005, an amount equal to the county's population multiplied by $475.

AB584-ASA1,10,8 5. For the distribution in 2006 and subsequent years, an amount equal to the county's population multiplied by $600.

AB584-ASA1, s. 16 Section 16. 79.04 (2) (am) 3. of the statutes is amended to read:

AB584-ASA1,10,11 79.04 (2) (am) 3. The amount of a distribution under this paragraph, as affected by subd. 1., may not exceed the per capita amount established under par. (a) (ad).

AB584-ASA1, s. 17 Section 17. 79.04 (2) (b) of the statutes is amended to read:

AB584-ASA1,10,17 79.04 (2) (b) The payment under par. (a) for any county in which a production plant is located, which the public service commission certifies to the department of revenue will produce a nominal rated capacity of 200 megawatts or more, shall be not less than $75,000 annually, except that the amount distributable to a county in any year shall not exceed the per capita limit specified in par. (a) (ad).

AB584-ASA1, s. 18 Section 18. 79.04 (2) (c) of the statutes is created to read:

AB584-ASA1,11,2 79.04 (2) (c) Beginning with the distributions in 2003, if property that was exempt from the property tax under s. 70.112 (4) and that was used to generate power by a light, heat, or power company, except property under s. 66.0813, by an electric cooperative, by a municipal electric company, or by a qualified wholesale electric company, is decommissioned, the county shall be paid an amount calculated by subtracting an amount equal to the property taxes paid for that property during the current year to the county for its general operations from the following percentages of the payment the county received under this section during the last year that the property was exempt from the property tax:

AB584-ASA1,11,3 1. In the first year that the property is taxable, 100%.

AB584-ASA1,11,4 2. In the 2nd year that the property is taxable, 80%.

AB584-ASA1,11,5 3. In the 3rd year that the property is taxable, 60%.

AB584-ASA1,11,6 4. In the 4th year that the property is taxable, 40%.

AB584-ASA1,11,7 5. In the 5th year that the property is taxable, 20%.

AB584-ASA1, s. 19 Section 19. 79.04 (5) of the statutes is created to read:

AB584-ASA1,12,5 79.04 (5) (a) Beginning with payments in 2003, if a production plant, other than a coal-powered or nuclear-powered production plant, is built on the site of, or on a site adjacent to, an existing or decommissioned production plant or on, or on a site adjacent to, brownfields, as defined in s. 560.13 (1) (a), after January 1, 2002, and is operating at a total power production capacity of at least 50 megawatts, the city, village, or town in which the plant is located shall receive annually an additional payment from the department of administration equal to the portion of the amount in the account for the "production plant, exclusive of land," for light, heat, and power companies, electric cooperatives, or municipal electric companies, less depreciation and less the value of treatment plant and pollution abatement equipment, as described under s. 70.11 (21) (a); and for the total original cost of the production plant of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), less depreciation, land, and approved waste facilities; that is used to calculate a payment under sub. (1) (a) multiplied by one mill, and the county in which the plant is located shall receive annually an additional payment from the department of administration equal to the portion of the amount in the account for the "production plant, exclusive of land," for light, heat, and power companies, electric cooperatives, or municipal electric companies, less depreciation and less the value of treatment plant and pollution abatement equipment, as described under s. 70.11 (21) (a); and for the total original cost of the production plant of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), less depreciation, land, and approved waste facilities; that is used to calculate a payment under sub. (2) (a) multiplied by one mill.

AB584-ASA1,13,2 (b) Beginning with payments in 2003, if a coal-powered production plant is built on the site of, or on a site adjacent to, an existing or decommissioned production plant or on, or on a site adjacent to, brownfields, as defined in s. 560.13 (1) (a), after January 1, 2002, and is operating at a total power production capacity of at least 50 megawatts, the city, village, or town in which the plant is located shall receive annually an additional payment from the department of administration equal to the portion of the amount in the account for the "production plant, exclusive of land," for light, heat, and power companies, electric cooperatives, or municipal electric companies, less depreciation and less the value of treatment plant and pollution abatement equipment, as described under s. 70.11 (21) (a); and for the total original cost of the production plant of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), less depreciation, land, and approved waste facilities; that is used to calculate a payment under sub. (1) (a) multiplied by 2 mills, and the county in which the plant is located shall receive annually an additional payment from the department of administration equal to the portion of the amount in the account for the "production plant, exclusive of land," for light, heat, and power companies, electric cooperatives, or municipal electric companies, less depreciation and less the value of treatment plant and pollution abatement equipment, as described under s. 70.11 (21) (a); and for the total original cost of the production plant of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), less depreciation, land, and approved waste facilities; that is used to calculate a payment under sub. (2) (a) multiplied by one mill.

AB584-ASA1, s. 20 Section 20. 79.04 (6) of the statutes is created to read:

AB584-ASA1,13,9 79.04 (6) (a) Any increase in the total amount of payments to municipalities and counties under this section in any year as compared to the total amount of payments to municipalities and counties under this section in 2001 may not exceed an amount equal to the sum of the revenue collected under ss. 76.28, 76.29, and 76.48 in the year before the year of the statement under s. 79.015, less an amount equal to the sum of the revenue collected under ss. 76.28 and 76.48 in 2001.

AB584-ASA1,13,14 (b) The total amount of the payments to municipalities and counties under this section shall be allocated to each municipality and county in proportion to the total amount of the payments to municipalities and counties calculated under this section in any year in which the total amount of the payments to municipalities and counties calculated under this section exceeds the limit under par. (a).

AB584-ASA1, s. 21 Section 21. Effective dates. This act takes effect on the day after publication, except as follows:

AB584-ASA1,13,18 (1) The repeal and recreation of section 79.04 (2) (a) of the statutes takes effect on January 1, 2002.

AB584-ASA1,13,20 (2) The treatment of sections 20.835 (1) (d) and (dm), 79.01 (2) and (2m), and 79.04 (6) of the statutes takes effect on January 1, 2003.

AB584-ASA1,13,21 (End)