LRB-3988/2
JK:jld:pg
2007 - 2008 LEGISLATURE
February 21, 2008 - Introduced by Representatives Petrowski, Seidel, Wood and
LeMahieu, cosponsored by Senators Decker, Kreitlow and Grothman.
Referred to Committee on Energy and Utilities.
AB865,1,3
1An Act to renumber and amend 79.04 (4m);
to amend 20.835 (1) (d); and
to
2create 79.04 (4m) (b) of the statutes;
relating to: utility aid payments based
3on a production plant's value in 1990.
Analysis by the Legislative Reference Bureau
Under current law, generally, each county and municipality in which a power
production plant is located receives a utility aid payment from the state. If the plant
began operation before January 1, 2004, the payment is based on the plant's net book
value. Under current law, ending with payments in 2008, the power production plant
value used to determine the utility aid payment to a county or municipality may not
be less than power production plant value used to determine the payment in 1990.
If, however, the plant began operation after December 31, 2003, the utility aid
payment is based on the plant's power capacity. Under current law, beginning with
the payments in 2009, if in any year the amount of the utility aid payment to a county
or municipality would be greater based on the plant's power capacity instead of the
plant's value, the county or municipality will receive, in that year and in each year
thereafter, a payment based on the plant's capacity.
Under the bill, for municipalities where production plants are located, if the
combination of amounts determined for production plants based on value or power
capacity and the amounts determined for substations and general structures based
on value are less for a municipality than the payment amount based on the value of
the property used to calculate the municipality's payment in 1990, less the value of
property no longer in use, the municipality will receive a payment based on the value
of the property used to calculate the municipality's payment in 1990, less the value
of property no longer in use.
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:
AB865, s. 1
1Section
1. 20.835 (1) (d) of the statutes is amended to read:
AB865,2,52
20.835
(1) (d)
Shared revenue account. A sum sufficient to meet the
3requirements of the shared revenue account established under s. 79.01 (2) to provide
4for the distributions from the shared revenue account to counties, towns, villages and
5cities under ss. 79.03, 79.04 (1) to
(4) (4m), and 79.06.
AB865,2,158
79.04
(4m) (a)
Beginning Except as provided in par. (b), beginning with
9distributions in 2009, for production plants described under subs. (1) and (2), if in any
10year the payments to the municipality and county in which the production plant is
11located would be greater under subs. (6) and (7) (c) 1. based on the production plant's
12name-plate capacity than under sub. (1) or (2) based on
either the depreciated net
13book value of the production plant, the municipality and county shall receive
14payments under subs. (6) and (7) (c) 1., rather than under sub. (1) or (2), beginning
15in that year and in each year thereafter.
AB865, s. 3
16Section
3. 79.04 (4m) (b) of the statutes is created to read:
AB865,3,517
79.04
(4m) (b) For municipalities where production plants are located, if the
18combination of amounts determined for production plants under sub. (1) or under
19subs. (6) and (7) (c) 1. and the amounts determined for substations and general
20structures under sub. (1) are less for a municipality than the amount determined
1under sub. (1) based on the value of the property used to calculate the municipality's
2payment in 1990, reduced to reflect the value of property that is no longer in use, the
3municipality's payment shall be calculated under sub. (1) using the value of the
4property used to calculate the municipality's payment in 1990, reduced to reflect the
5value of property no longer in use.
