LRB-3679/1
JK:lmk:rs
2005 - 2006 LEGISLATURE
November 9, 2005 - Introduced by Representatives Honadel, Hahn, Albers,
Gottlieb, Gronemus, Hines, Hundertmark, Jensen, Kerkman, Kreibich,
Kreuser, F. Lasee, LeMahieu, McCormick, Montgomery, Nerison, Nischke,
Ott, Petrowski, Sheridan, Steinbrink, Towns and Van Roy, cosponsored by
Senators Plale, Leibham, Kanavas, Brown, A. Lasee and Wirch. Referred to
Committee on Energy and Utilities.
AB818,1,8
1An Act to renumber and amend 196.20 (7) (c);
to amend 16.969 (2) (a), 70.05
2(5) (a) 1m., 70.112 (4) (a), 76.28 (9), 76.29 (2), 79.04 (1) (intro.), 79.04 (1) (b) 1.,
379.04 (2) (a), 79.04 (2) (am) 1., 79.04 (6) (a) and 196.491 (3) (gm); and
to create
470.112 (4) (am), 70.32 (2) (a) 8., 70.32 (2) (c) 2m., 70.995 (15), 76.28 (3) (e), 76.48
5(3d), 79.04 (4m) and 196.20 (7) (c) 2. of the statutes;
relating to: public utility
6aid payments, imposing local general property taxes on production plant
7general structures and substations, and creating a credit against license fees
8imposed on light, heat, and power companies and electric cooperatives.
Analysis by the Legislative Reference Bureau
Under current law, beginning in 2005, each county and municipality in which
a power production plant is located receives a state aid payment based on the net
book value of the production plant, for production plants that, generally, began
operation before January 1, 2004, or based on the production plant's megawatt
capacity, for production plants that began operation after December 31, 2003. Under
this bill, beginning in 2007, if in any year the payments to the municipality and
county in which a production plant is located would be greater based on the
production plant's name-plate capacity than on the depreciated net book value of the
production plant, the municipality and county will receive payments based on the
production plant's name-plate capacity beginning in that year and in each year
thereafter.
Under current law, generally, the property of a light, heat, and power company,
including general structures and substations, is exempt from the imposition of local
general property taxes, if the company is subject to license fees. Under the bill,
beginning with the property tax assessments as of January 1, 2007, a general
structure that is owned or leased by a light, heat, and power company is subject to
local general property taxes. In addition, beginning with the property tax
assessments as of January 1, 2008, a substation of a light, heat, and power company,
not including transmission substation property, is subject to local general property
taxes. However, the property of a light, heat, and power company that is located
within the municipality that operates the company is not subject to property taxes.
In addition, beginning with license fees that are due in 2008, a light, heat, and
power company may claim as a credit against its license fee liability an amount equal
to the amount of the property taxes that the company paid in the calendar year on
general structures and substations. An electric cooperative may also claim a credit
against its license fee liability in an amount equal to the amount of any payments
in lieu of property taxes that the cooperative paid in the calendar year, not to exceed
the amount of property taxes that the cooperative would have paid had its property
been subject to property taxes. If the credit claimed by a light, heat, and power
company or an electric cooperative exceeds the license fee liability of the company or
cooperative, the state will not issue a refund check, but the company or cooperative
may carry forward any remaining credit to the 15 following years.
Under current law, a person who is issued a certificate of public convenience
and necessity for a high-voltage transmission line must pay the Department of
Administration an annual impact fee equal to 0.3 percent of the cost of the
high-voltage transmission line. Under the bill, the annual impact fee is equal to 0.3
percent of the net book value of the high-voltage transmission line.
Under the bill, if the Public Service Commission receives a mitigation payment
agreement before June 10, 2003, and does not determine that the agreement is
unreasonable before November 11, 2003, mitigation payments in accordance with
the terms of the agreement are recoverable in rates.
Finally, the bill requires the Department of Revenue to convene a study group,
no later than December 31, 2005, to assess the feasibility and desirability of imposing
local general property taxes on all distribution property of electric cooperatives,
municipal utilities, and light, heat, and power companies.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB818, s. 1
1Section
1. 16.969 (2) (a) of the statutes is amended to read:
AB818,3,3
116.969
(2) (a) An annual impact fee in an amount equal to
0.3% 0.3 percent of
2the
cost net book value of the high-voltage transmission line, as determined by the
3commission under s. 196.491 (3) (gm).
AB818, s. 2
4Section
2. 70.05 (5) (a) 1m. of the statutes is amended to read:
AB818,3,95
70.05
(5) (a) 1m. "Class of property" means residential under s. 70.32 (2) (a) 1.;
6commercial under s. 70.32 (2) (a) 2.;
public utility general structures and substations
7under s. 70.32 (2) (a) 8.; personal property; or the sum of undeveloped under s. 70.32
8(2) (a) 5., agricultural forest under s. 70.32 (2) (a) 5m.; productive forest land under
9s. 70.32 (2) (a) 6. and other under s. 70.32 (2) (a) 7.
AB818, s. 3
10Section
3. 70.112 (4) (a) of the statutes is amended to read:
AB818,3,2411
70.112
(4) (a)
All Except as provided in par. (am), all special property assessed
12under ss. 76.01 to 76.26 and property of any light, heat, and power company taxed
13under s. 76.28, car line company, and electric cooperative association that is used and
14useful in the operation of the business of such company or association.
If Except as
15provided in par. (am) 1., if a general structure for which an exemption is sought under
16this section is used and useful in part in the operation of any public utility assessed
17under ss. 76.01 to 76.26 or of the business of any light, heat, and power company
18taxed under s. 76.28, car line company, or electric cooperative association and in part
19for nonoperating purposes of the public utility or company or association, that
20general structure shall be assessed for taxation under this chapter at the percentage
21of its full market value that fairly measures and represents the extent of its use for
22nonoperating purposes. Nothing provided in this paragraph shall exclude any real
23estate or any property which is separately accounted for under s. 196.59 from special
24assessments for local improvements under s. 66.0705.
AB818, s. 4
25Section
4. 70.112 (4) (am) of the statutes is created to read:
AB818,4,5
170.112
(4) (am) 1. Except as provided in subd. 3., beginning with the property
2tax assessments as of January 1, 2007, a general structure owned or leased by a light,
3heat, and power company taxed under s. 76.28 or 76.29 is subject to general property
4taxes and, beginning with distributions in 2008, shall not be included in the
5calculation of payments under s. 79.04 (1) and (2).
AB818,4,116
2. Except as provided in subd. 3., beginning with the property tax assessments
7as of January 1, 2008, a substation of a light, heat, and power company taxed under
8s. 76.28 or 76.29 is subject to general property taxes and, beginning with
9distributions in 2009, shall not be included in the calculation of payments under s.
1079.04 (1) and (2), except that this subdivision does not apply to transmission
11substation property.
AB818,4,1412
3. This paragraph does not apply to the property of a light, heat, and power
13company that is located within the boundaries of the municipality that operates the
14company and for which payments are made under s. 66.0811 (2).
AB818,4,1615
4. Property subject to taxation under this paragraph shall be assessed by the
16department of revenue, as provided under s. 70.995.
AB818, s. 5
17Section
5. 70.32 (2) (a) 8. of the statutes is created to read:
AB818,4,1818
70.32
(2) (a) 8. Public utility general structures and substations.
AB818, s. 6
19Section
6. 70.32 (2) (c) 2m. of the statutes is created to read:
AB818,4,2120
70.32
(2) (c) 2m. "Public utility general structures and substations" means
21property described under s. 70.112 (4) (am).
AB818, s. 7
22Section
7. 70.995 (15) of the statutes is created to read:
AB818,4,2523
70.995
(15) (a) For the property tax assessments as of January 1, 2007, the
24treatment of manufacturing property under subs. (4) to (14) extends to property
25described under s. 70.112 (4) (am) 1.
AB818,5,3
1(b) For the property tax assessments as of January 1, 2008, the treatment of
2manufacturing property under subs. (4) to (14) extends to property described under
3s. 70.112 (4) (am) 2.
AB818, s. 8
4Section
8. 76.28 (3) (e) of the statutes is created to read:
AB818,5,145
76.28
(3) (e) Beginning with the fees due in calendar year 2008, a light, heat,
6and power company may claim as a credit against the fees imposed under sub. (2) and
7s. 76.29 (2) an amount equal to the amount of property taxes imposed under ch. 70
8on general structures and substations that the light, heat, and power company paid
9in the then current calendar year. If a credit computed under this paragraph is not
10entirely offset against the license fees otherwise due for the then current calendar
11year, the unused balance may be carried forward and credited against license fees
12otherwise due for the following 15 calender years to the extent not offset by the
13license fees otherwise due in all intervening years between the year in which the
14property taxes were paid and the year in which the carry-forward credit is claimed.
AB818, s. 9
15Section
9. 76.28 (9) of the statutes is amended to read:
AB818,6,416
76.28
(9) Property subject to local tax. The Except as provided in s. 70.112
17(4) (am) the license fees imposed by this section upon the gross revenues of light, heat
18and power companies as defined in sub. (1) (e) shall be in lieu of all other taxes on
19all property used and useful in the operation of the business of such companies in this
20state, except that the same shall be subject to special assessments for local
21improvements. If a general structure is used and useful in part in the operation of
22the business of those companies in this state and in part for nonoperating purposes,
23the license fees imposed by this section are in place of the percentage of all other taxes
24on the property that fairly measures and represents the extent of the use and
25usefulness in the operation of the business of those companies in this state, and the
1balance is subject to local assessment and taxation, except that the entire general
2structure is subject to special assessments for local improvements. Property under
3s. 76.025 (2) shall not be taxed under this section, but shall be subject to local
4assessment and taxation.
AB818, s. 10
5Section
10. 76.29 (2) of the statutes is amended to read:
AB818,6,176
76.29
(2) Imposition. There Subject to the credits under ss. 76.28 (3) (e) and
776.48 (3d), there is imposed on every light, heat, and power company and electric
8cooperative that owns an electric utility plant, an annual license fee to be assessed
9by the department on or before May 1, 2005, and every May 1 thereafter, ending with
10the assessment on May 1, 2010, measured by the gross revenues of the preceding tax
11period in an amount equal to the apportionment factor multiplied by gross revenues
12multiplied by
1.59% 1.59 percent. The fee shall become delinquent if not paid when
13due and when delinquent shall be subject to interest at the rate of
1.5% 1.5 percent 14per month until paid. Gross revenues earned by a light, heat, and power company
15after December 31, 2009, are subject to the license fee imposed under s. 76.28 (2).
16Gross revenues earned by an electric cooperative after December 31, 2009, are
17subject to the license fee imposed under s. 76.48 (1r).
AB818, s. 11
18Section
11. 76.48 (3d) of the statutes is created to read:
AB818,7,519
76.48
(3d) (a) Beginning with the fees due in calendar year 2008, an electric
20cooperative may claim as a credit against the fees imposed under sub. (1r) and s.
2176.29 (2) an amount equal to the amount of any payments in lieu of property taxes
22that the electric cooperative paid in the then current calendar year, not to exceed the
23amount of property taxes that the cooperative would have paid in that year had the
24cooperative's property been subject to taxation under ch. 70. If a credit computed
25under this paragraph is not entirely offset against the license fees otherwise due for
1the then current calendar year, the unused balance may be carried forward and
2credited against license fees otherwise due for the following 15 calender years to the
3extent not offset by the license fees otherwise due in all intervening years between
4the year in which the payments were paid and the year in which the carry-forward
5credit is claimed.
AB818,7,126
(b) Beginning with distributions in 2008, a general structure owned or leased
7by an electric cooperative for which a payment in lieu of property taxes is made in
8the year of the distribution shall not be included in the calculation of payments under
9s. 79.04 (1) and (2). Beginning with distributions in 2009, a substation of an electric
10cooperative, other than a transmission substation, for which a payment in lieu of
11property taxes is made in the year of the distribution shall not be included in the
12calculation of payments under s. 79.04 (1) and (2).
AB818, s. 12
13Section
12. 79.04 (1) (intro.) of the statutes is amended to read:
AB818,7,2414
79.04
(1) (intro.) Annually, except for production plants that begin operation
15after December 31, 2003, or begin operation as a repowered production plant after
16December 31, 2003,
and except as provided in sub. (4m) and under s. 70.112 (4) (am), 17the department of administration, upon certification by the department of revenue,
18shall distribute to a municipality having within its boundaries a production plant,
19general structure, or substation, used by a light, heat, or power company assessed
20under s. 76.28 (2) or 76.29 (2), except property described in s. 66.0813 unless the
21production plant or substation is owned or operated by a local governmental unit
22located outside of the municipality, or by an electric cooperative assessed under ss.
2376.07 and 76.48, respectively, or by a municipal electric company under s. 66.0825
24the amount determined as follows:
AB818, s. 13
25Section
13. 79.04 (1) (b) 1. of the statutes is amended to read:
AB818,8,6
179.04
(1) (b) 1. Beginning with the distribution under this subsection in 1991,
2and ending with the distribution under this subsection in 2006, the amount
3determined under par. (a) to value property used by a light, heat or power company
4in a municipality may not be less than the amount determined to value the property
5for the distribution to the municipality under this subsection in 1990, subject to
6subds. 2., 3. and 4.
AB818, s. 14
7Section
14. 79.04 (2) (a) of the statutes is amended to read:
AB818,9,168
79.04
(2) (a) Annually, except for production plants that begin operation after
9December 31, 2003, or begin operation as a repowered production plant after
10December 31, 2003,
and except as provided in sub. (4m) and under s. 70.112 (4) (am), 11the department of administration, upon certification by the department of revenue,
12shall distribute from the shared revenue account or, for the distribution in 2003, from
13the appropriation under s. 20.835 (1) (t) to any county having within its boundaries
14a production plant, general structure, or substation, used by a light, heat or power
15company assessed under s. 76.28 (2) or 76.29 (2), except property described in s.
1666.0813 unless the production plant or substation is owned or operated by a local
17governmental unit that is located outside of the municipality in which the production
18plant or substation is located, or by an electric cooperative assessed under ss. 76.07
19and 76.48, respectively, or by a municipal electric company under s. 66.0825 an
20amount determined by multiplying by 6 mills in the case of property in a town and
21by 3 mills in the case of property in a city or village the first $125,000,000 of the
22amount shown in the account, plus leased property, of each public utility except
23qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), on December
2431 of the preceding year for "production plant, exclusive of land," "general
25structures," and "substations," in the case of light, heat and power companies,
1electric cooperatives or municipal electric companies, for all property within the
2municipality in accordance with the system of accounts established by the public
3service commission or rural electrification administration, less depreciation thereon
4as determined by the department of revenue and less the value of treatment plant
5and pollution abatement equipment, as defined under s. 70.11 (21) (a), as determined
6by the department of revenue plus an amount from the shared revenue account or,
7for the distribution in 2003, from the appropriation under s. 20.835 (1) (t) determined
8by multiplying by 6 mills in the case of property in a town, and 3 mills in the case of
9property in a city or village, of the total original cost of production plant, general
10structures, and substations less depreciation, land and approved waste treatment
11facilities of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm),
12as reported to the department of revenue of all property within the municipality. The
13total of amounts, as depreciated, from the accounts of all public utilities for the same
14production plant is also limited to not more than $125,000,000. The amount
15distributable to a county under this subsection and sub. (6) in any year shall not
16exceed $100 times the population of the county.
AB818, s. 15
17Section
15. 79.04 (2) (am) 1. of the statutes is amended to read:
AB818,9,2218
79.04
(2) (am) 1. Beginning with the distribution under this subsection in 1991,
19and ending with the distribution under this subsection in 2006, the amount
20determined under par. (a) to value property used by a light, heat or power company
21in a county may not be less than the amount determined to value the property for the
22distribution to the county under this subsection in 1990, subject to subds. 2. and 3.
AB818, s. 16
23Section
16. 79.04 (4m) of the statutes is created to read:
AB818,9,2524
79.04
(4m) Beginning with distributions in 2007, for production plants
25described under subs. (1) and (2), if in any year the payments to the municipality and
1county in which the production plant is located would be greater under subs. (6) and
2(7) (c) 1. based on the production plant's name-plate capacity than under sub. (1) or
3(2) based on the depreciated net book value of the production plant, the municipality
4and county shall receive payments under subs. (6) and (7) (c) 1., rather than under
5sub. (1) or (2), beginning in that year and in each year thereafter.
AB818, s. 17
6Section
17. 79.04 (6) (a) of the statutes is amended to read:
AB818,10,197
79.04
(6) (a) Annually, beginning in 2005, for production plants that begin
8operation after December 31, 2003, or begin operation as a repowered production
9plant after December 31, 2003,
except as provided in sub. (4m), the department of
10administration, upon certification by the department of revenue, shall distribute
11payments from the public utility account, as determined under par. (b), to each
12municipality and county in which a production plant is located, if the production
13plant has a name-plate capacity of at least one megawatt and is used by a light, heat,
14or power company assessed under s. 76.28 (2) or 76.29 (2), except property described
15in s. 66.0813, unless the production plant is owned or operated by a local
16governmental unit located outside of the municipality; by a qualified wholesale
17electric company, as defined in s. 76.28 (1) (gm); by a wholesale merchant plant, as
18defined in s. 196.491 (1) (w); by an electric cooperative assessed under ss. 76.07 and
1976.48, respectively; or by a municipal electric company under s. 66.0825.
AB818, s. 18
20Section
18. 196.20 (7) (c) of the statutes is renumbered 196.20 (7) (c) 1. and
21amended to read:
AB818,10,2522
196.20
(7) (c) 1.
The Except as provided in subd. 2., the commission shall only
23approve a mitigation payment agreement that is received by the commission before
24June 10, 2003, and, if the commission finds the agreement to be reasonable, shall not
25subsequently modify the agreement.
AB818, s. 19
1Section
19. 196.20 (7) (c) 2. of the statutes is created to read:
AB818,11,62
196.20
(7) (c) 2. If the commission receives a mitigation payment agreement
3before June 10, 2003, and does not determine that the agreement is unreasonable
4before November 11, 2003, mitigation payments in accordance with the terms of the
5agreement shall be recoverable in rates, notwithstanding any subsequent
6limitations imposed by the commission on the mitigation payments.