AB378: Bill Text

LRB-2456/1

JK:jld:nwn

2007 - 2008 LEGISLATURE

2007 Assembly BILL 378

May 31, 2007 - Introduced by Representatives Wood, Gronemus, Moulton, Molepske, Lothian, Hahn, Musser, Mursau, Townsend, Sheridan, Bies, Ballweg, Albers, Gunderson, Tauchen, Nygren and A. Ott, cosponsored by Senators Kreitlow, Darling and Schultz. Referred to Committee on Biofuels and Sustainable Energy.

AB378,1,11 An Act to amend 71.05 (6) (a) 15., 71.21 (4), 71.26 (2) (a), 71.28 (4) (ad) 1., 71.28 (5) (ad) 1., 71.34 (1) (g), 71.45 (2) (a) 10., 71.47 (4) (ad) 1., 71.47 (5) (ad) 1., 77.92 (4), 78.01 (1) and 560.205 (1) (g); and to create 71.07 (3x), 71.07 (3y), 71.07 (5i), 71.07 (5k), 71.07 (8r), 71.10 (4) (dn), 71.10 (4) (gc), 71.10 (4) (gcb), 71.10 (4) (gcd), 71.10 (4) (gce), 71.28 (3x), 71.28 (3y), 71.28 (4) (ad) 4., 71.28 (5) (ad) 4., 71.28 (5i), 71.28 (5k), 71.30 (3) (dk), 71.30 (3) (ed), 71.30 (3) (edb), 71.30 (3) (edc), 71.47 (3x), 71.47 (3y), 71.47 (4) (ad) 4., 71.47 (5) (ad) 4., 71.47 (5i), 71.47 (5k), 71.49 (1) (dk), 71.49 (1) (ds), 71.49 (1) (dsb) and 71.49 (1) (dsc) of the statutes; relating to: the motor vehicle fuel tax imposed on fuel from a renewable resource, income and franchise tax credits related to renewable energy, and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

This bill creates income and franchise tax credits for the amount that a person pays in the taxable year for any of the following:

1. Equipment that generates electricity from solar energy, wind energy, or agricultural waste.

2. Research and development related to designing and manufacturing equipment that generates electricity from solar energy, wind energy, garbage, or agricultural or organic waste.

3. The construction of an energy efficient commercial building.

4. The installation of fuel station equipment that dispenses fuel that, generally, consists of at least 85 percent ethanol or 20 percent biodiesel fuel.

5. Building materials used by a contractor to construct an energy efficient home.

6. Energy efficient equipment and products that the person installs in his or her principal residence, including air-source and geothermal heat pumps, solar water heating systems, windows, exterior doors, Energy Star appliances and metal roofing materials, woodburning furnaces, and cornburning furnaces.

Under current law, a person who makes an "angel" investment in a business certified by the Department of Commerce to receive such investments may claim an income tax credit for 25 percent of the investment. Certain businesses, however, are not eligible for certification, including any business engaged in retail trade, hospitality, transportation, or construction. The bill provides that a business engaged in the construction of a power production plant that derives energy from a renewable resource may be certified to receive angel investments.

Finally, the bill provides that the motor vehicle fuel tax does not apply to ethanol contained in motor vehicle fuel that consists of at least 85 percent ethanol or to biomass or any other renewable resource contained in biodiesel fuel that contains at least 20 percent biomass or other renewable resource.

For further information see the state 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:

AB378, s. 1 Section 1. 71.05 (6) (a) 15. of the statutes is amended to read:

AB378,2,7 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3n), (3s), (3t), (3w), (3x), (3y), (5b), (5d), and (5e), (5f), and (5h), (5i), and (5k) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g).

AB378, s. 2 Section 2. 71.07 (3x) of the statutes is created to read:

AB378,3,2 71.07 (3x) Alternative energy sources credit. (a) Definitions. In this subsection:

AB378,3,3 1. "Claimant" means a person who files a claim under this subsection.

AB378,3,5 2. "Used exclusively" means used to the exclusion of all other uses except for use not exceeding 5 percent of total use.

AB378,3,9 (b) Filing claims. Subject to the limitations provided under this subsection, for taxable years beginning after June 30, 2008, and before July 1, 2010, a claimant may claim as a credit against the taxes imposed under s. 71.02, up to the amount of the tax, an amount equal to any of the following:

AB378,3,14 1. Ten percent of the amount that the claimant paid in the taxable year on the purchase of equipment that captures solar energy, wind energy, or gas from garbage or from agricultural or organic waste, including livestock manure, and converts such energy or gas into electricity, if the rated capacity of all such equipment at the point of interconnection does not exceed 25,000 watts of alternating or direct current.

AB378,3,17 2. Ten percent of the amount that the claimant paid in the taxable year on the purchase of professional services for the design, installation, maintenance, and repair of the equipment described in subd. 1.

AB378,3,21 3. Ten cents per kilowatt hour for energy generated in the taxable year from solar energy, wind energy, or gas from livestock manure and other agricultural waste, if the energy is used exclusively by the claimant or returned to a utility as surplus energy.

AB378,4,3 (c) Limitations. 1. The maximum amount of the credits that may be claimed by all claimants under this subsection in each fiscal year is $1,000,000. No claimant may claim a credit under this subsection unless the claimant files an application for the credit with the department, in the manner prescribed by the department, and the department approves the credit. The department shall adjust the amount of the credits claimed by each claimant so that the total amount of all credits claimed does not exceed the maximum amount established under this subdivision.

AB378,4,11 2. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of amounts under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.

AB378,4,13 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

AB378, s. 3 Section 3. 71.07 (3y) of the statutes is created to read:

AB378,4,16 71.07 (3y) Energy efficient commercial building credit. (a) Definition. In this subsection, "claimant" means a person who files a claim under this subsection.

AB378,5,3 (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2007, a claimant may claim as a credit against the taxes imposed under s. 71.02, up to the amount of the tax, an amount that is equal to the amount that the claimant paid in the taxable year to construct, rehabilitate, remodel, or repair a building that is placed in service in the taxable year, if, after the building is placed in service, the building is assessed as commercial property under s. 70.32 (2) (a) 2. and, as determined by rule by the department of revenue, the building's interior lighting, heating, cooling, ventilation, and hot water systems use at least 50 percent less energy than a building that satisfies the minimum requirements under standard 90.1-2001 of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers and the Illuminating Engineering Society of North America, as in effect on April 2, 2003.

AB378,5,6 (c) Limitations. 1. The maximum amount that a claimant may claim under this subsection is an amount equal to the total square footage of the building multiplied by $1.80.

AB378,5,14 2. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of amounts under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.

AB378,5,16 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

AB378, s. 4 Section 4. 71.07 (5i) of the statutes is created to read:

AB378,5,19 71.07 (5i) Clean fuel fueling station credit. (a) Definitions. In this subsection:

AB378,5,20 1. "Biodiesel fuel" has the meaning given in s. 168.14 (2m) (a).

AB378,5,22 2. "Claimant" means a retail dealer, as defined in s. 78.005 (13m), who files a claim under this subsection.

AB378,5,23 3. "Clean fuel" means any fuel that consists of:

AB378,5,25 a. At least 85 percent ethanol, natural gas, compressed natural gas, liquified natural gas, liquified petroleum gas, or hydrogen.

AB378,6,2 b. A mixture of diesel fuel and biodiesel fuel containing at least 20 percent biodiesel fuel.

AB378,6,7 (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. 71.02, up to the amount of the tax, an amount that is equal to the amount that the claimant paid in the taxable year to install or convert equipment that dispenses clean fuel.

AB378,6,10 (c) Limitations. 1. The maximum amount that a claimant may claim under this subsection is an amount equal to $5,000 for each retail fueling station for which the claimant paid expenses as described under par. (b).

AB378,6,17 2. The maximum amount of the credits that may be claimed by all claimants under this subsection in each taxable year is $1,000,000. No claimant may claim a credit under this subsection unless the claimant files an application for the credit with the department, in the manner prescribed by the department, and the department approves the credit. The department shall adjust the amount of the credits claimed by each claimant so that the total amount of all credits claimed does not exceed the maximum amount established under this subdivision.

AB378,6,25 3. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of amounts under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.

AB378,7,2 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

AB378, s. 5 Section 5. 71.07 (5k) of the statutes is created to read:

AB378,7,5 71.07 (5k) Energy efficient home construction credit. (a) Definitions. In this subsection:

AB378,7,6 1. "Claimant" means a person who files a claim under this subsection.

AB378,7,7 2. "Contractor" has the meaning given in s. 77.51 (2).

AB378,7,10 3. "Energy efficient home" means a home that satisfies the energy savings requirements under section 45L (c) of the Internal Revenue Code, regardless of whether the home is certified under section 45L (d) of the Internal Revenue Code.

AB378,7,16 (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2007, a claimant may claim as a credit against the taxes imposed under s. 71.02, up to the amount of the tax, the amount that the claimant paid in the taxable year for building materials used to construct an energy efficient home in this state, if the claimant is a contractor or a producer of manufactured homes.

AB378,7,19 (c) Limitations. 1. The maximum amount that a claimant may claim under this subsection in a taxable year is an amount equal to $2,000 for each energy efficient home constructed by the claimant in the taxable year.

AB378,8,2 2. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of amounts under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.

AB378,8,4 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

AB378, s. 6 Section 6. 71.07 (8r) of the statutes is created to read:

AB378,8,7 71.07 (8r) Energy efficiency home improvement credit. (a) Definitions. In this subsection:

AB378,8,10 1. "Air-source heat pump" means an air-source heat pump with a heating seasonal performance factor rating of at least 9, an energy efficiency rating of at least 13, and a seasonal energy efficiency rating of at least 15.

AB378,8,11 2. "Claimant" means an individual who files a claim under this subsection.

AB378,8,14 3. "Energy efficient" means satisfying the standards established by the 2001 supplement of the 2000 International Energy Conservation Code or the 2004 supplement of the 2003 International Energy Conservation Code.

AB378,8,17 4. "Geothermal heat pump" means a ground-source heat pump unit used for heating and cooling that employs a fluid to transfer heat between the unit and the earth and that has any of the following:

AB378,8,19 a. For a closed loop product, an energy efficiency rating of at least 14.1 and a heating coefficient of performance of at least 3.3.