The bill creates a program revenue appropriation to DATCP that funds the
administration and enforcement of the renewable fuel program. This appropriation is
funded by fees that DATCP establishes by rule as part of the implementation of the
program. The bill provides penalties for violations of any renewable fuel program rules
adopted by DATCP and for violations of any of the reporting requirements authorized by
the bill.
The state as a leader; renewable fuels use in the state fleet. The bill codifies
Executive Order #141, relating to increased utilization of renewable fuels and vehicles
owned and operated by the State of Wisconsin. In particular, the bill directs DOA to
require state agencies to reduce the amount of gasoline and diesel fuels they use that are
petroleum-based by specified percentages, requires OEI to promote the use of alternative
fuels in flex fuel vehicles owned by the state, and directs OEI and DATCP to cooperatively
promote public alternative fuel refueling facilities.
Other duties of the Office of Energy Independence. The bill directs OEI to
work on initiatives that have the goals of ensuring that Wisconsin is a national leader in
developing biorefineries and advancing the sale and use of intermediate blends of
gasoline and biofuels. The bill clarifies that OEI shall serve as the central unit of state
government to coordinate the activities of all state agencies in connection with the
initiatives specified in the office's enabling statute and that the other state agencies shall
assist the office in fulfilling its duties.
AB408, s. 1
1Section
1. 15.137 (6) of the statutes is created to read:
AB408,5,52
15.137
(6) Bioenergy council. There is created a bioenergy council which is
3attached to the department of agriculture, trade and consumer protection under s.
415.03. The secretary of agriculture, trade and consumer protection shall appoint the
5members of the council, to serve at the pleasure of the secretary.
AB408, s. 2
1Section
2. 16.04 (1) (a) of the statutes is amended to read:
AB408,6,62
16.04
(1) (a) Develop uniform state policies and guidelines for vehicle and
3aircraft acquisition, use, maintenance, recording of operational and other costs,
4performance evaluation and replacement of vehicles and aircraft.
The department
5shall incorporate the fuel usage requirements under s. 16.045 (4m) in any policies
6or guidelines developed under this paragraph.
AB408, s. 3
7Section
3. 16.045 (1) (cm) and (f) of the statutes are created to read:
AB408,6,108
16.045
(1) (cm) "Flex fuel vehicle" means a vehicle designed to operate on
9gasoline, a blend of a fuel marketed as gasoline and 85 percent ethanol or a higher
10percentage of ethanol, or a mixture of gasoline and that blend.
AB408,6,1111
(f) "Office" means the office of energy independence.
AB408, s. 4
12Section
4. 16.045 (4m) and (6) of the statutes are created to read:
AB408,6,1613
16.045
(4m) The department shall require all agencies to collectively reduce
14the usage of gasoline and diesel fuel in state-owned vehicles that is petroleum-based
15below the total amount that the agencies used in 2006 by at least the following
16percentages:
AB408,6,1717
(a) For gasoline:
AB408,6,1818
1. Twenty percent by 2010.
AB408,6,1919
2. Fifty percent by 2015.
AB408,6,2020
(b) For diesel fuel:
AB408,6,2121
1. Ten percent by 2010.
AB408,6,2222
2. Twenty-five percent by 2015.
AB408,6,25
23(6) The office shall adopt, revise as necessary, and implement a plan designed
24to facilitate usage of alternative fuels in the flex fuel vehicles and other vehicles
25owned by the state. The plan shall ensure all of the following:
AB408,7,2
1(a) That all flex fuel vehicles and other vehicles powered by an alternative fuel
2other than gasohol that are owned by the state are identifiable.
AB408,7,53
(b) That all state employees driving flex fuel vehicles and other vehicles
4powered by an alternative fuel other than gasohol are made aware of the alternative
5fuel refueling stations in the vicinity of their route of travel.
AB408,7,76
(c) That all state employees strive to use alternative fuels when operating state
7flex fuel and diesel-powered vehicles.
AB408, s. 5
8Section
5. 16.954 of the statutes is created to read:
AB408,7,9
916.954 Strategic bioenergy feedstock assessment. (1) In this section:
AB408,7,1210
(a) "Affected agencies" means the department of administration, the
11department of agriculture, trade and consumer protection, the department of
12natural resources, the office, and the public service commission.
AB408,7,1413
(b) "Bioenergy feedstock" means biomass used to produce energy, including
14transportation fuel, heat, or electricity.
AB408,7,1515
(c) "Office" means the office of energy independence.
AB408,7,21
16(2) The office shall coordinate among affected agencies the preparation of a
17biennial strategic bioenergy feedstock assessment that assists producers and users
18of bioenergy feedstocks and state and local government policy makers in
19understanding trends in the production and use of bioenergy feedstocks in this state
20and the effects of that production and use. Using readily available information, each
21assessment shall do all of the following:
AB408,7,2322
(a) Summarize the bioenergy feedstocks currently and projected to be produced
23in the state by region.
AB408,8,3
1(b) Identify the current and projected significant markets for bioenergy
2feedstocks produced in the state and major facilities located or likely to be located in
3the state that use bioenergy feedstocks produced in or outside the state.
AB408,8,64
(c) Identify key factors that influence the supply of and demand for major
5bioenergy feedstocks in the state, including the types and amounts of land devoted
6to producing these feedstocks.
AB408,8,97
(d) Assess whether any of the factors identified under par. (c) are likely to
8change during the period covered by the assessment and, if so, how those changes
9may affect the availability of future bioenergy feedstocks.
AB408,8,1110
(e) Assess the impacts of the increased use in the state of biomass for energy
11production on all of the following:
AB408,8,1212
1. Other consumers of that biomass.
AB408,8,1313
2. Land use.
AB408,8,1414
3. Environmental quality.
AB408,8,1615
4. Other benefits and services derived from the natural systems in which the
16biomass is produced.
AB408,8,1817
(f) Recommend, as appropriate, legislation or changes in programs or rules of
18affected agencies, including whether the assessment should be continued.
AB408,8,23
19(3) No later than April 30, 2013, and no later than April 30 of each
20odd-numbered year thereafter, the office shall submit a copy of an assessment
21prepared under sub. (2) to the governor and the appropriate standing committees of
22the legislature under s. 13.172 (3) and shall post a copy of the assessment on the
23office's Internet site.
AB408, s. 6
24Section
6. 16.956 (1) (bg) and (br) of the statutes are created to read:
AB408,9,2
116.956
(1) (bg) "Biorefinery" means a facility, including equipment and
2processes, that converts biomass into fuels and products and may produce electricity.
AB408,9,33
(br) "Executive branch agency" has the meaning given in s. 16.70 (4).
AB408, s. 7
4Section
7. 16.956 (2) (c) of the statutes is renumbered 16.956 (2) (c) (intro.) and
5amended to read:
AB408,9,76
16.956
(2) (c) (intro.) Ensuring that Wisconsin is a national leader in
7groundbreaking all of the following:
AB408,9,9
81. Groundbreaking research that will make alternative energies more
9affordable and create well-paying jobs in this state.
AB408, s. 8
10Section
8. 16.956 (2) (c) 2. and 3. of the statutes are created to read:
AB408,9,1111
16.956
(2) (c) 2. Developing biorefineries.
AB408,9,1312
3. Advancing the sale and use in all types of motor vehicles of blends of gasoline
13and a biofuel that contain more than 10 percent of the biofuel.
AB408, s. 9
14Section
9. 16.956 (3) (a) and (c) of the statutes are amended to read:
AB408,9,1815
16.956
(3) (a) Ensure and facilitate the implementation of the initiatives
16specified in sub. (2) and identify barriers to the implementation of such initiatives.
17The office shall serve as the central unit of state government to coordinate the
18activities of all executive branch agencies in connection with these initiatives.
AB408,9,2019
(c) Develop energy independence policy options for consideration by the
20governor
, the legislature, and
state
the executive branch agencies.
AB408, s. 10
21Section
10
. 16.956 (3) (f) of the statutes is created to read:
AB408,9,2522
16.956
(3) (f) Pursue, in cooperation with the department of agriculture, trade
23and consumer protection, the establishment and maintenance of sufficient
24alternative fuel refueling facilities at public retail outlets to meet the traveling needs
25of the public.
AB408, s. 11
1Section
11. 16.956 (4) of the statutes is created to read:
AB408,10,32
16.956
(4) Other state agencies shall assist the office in fulfilling its duties
3under this section to the fullest extent possible.
AB408, s. 12
4Section
12. 20.005 (3) (schedule) of the statutes: at the appropriate place,
5insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB408, s. 13
6Section
13. 20.115 (3) (im) of the statutes is created to read:
AB408,10,107
20.115
(3) (im)
Renewable fuel program. The amounts in the schedule for the
8administration and enforcement of the renewable fuel program under s. 100.60 (5).
9All monies received from the fees authorized by s. 100.60 (5) (f) shall be credited to
10this appropriation account.
AB408, s. 14
11Section
14. 20.115 (4) (c) of the statutes is amended to read:
AB408,10,1312
20.115
(4) (c)
Agricultural investment aids. Biennially, the amounts in the
13schedule for agricultural research and development grants under s. 93.46 (2)
and (3).
AB408, s. 15
14Section
15. 20.115 (4) (r) of the statutes is amended to read:
AB408,10,1715
20.115
(4) (r)
Agricultural investment aids, agrichemical management fund. 16Biennially, from the agrichemical management fund, the amounts in the schedule
17for agricultural research and development grants under s. 93.46 (2)
and (3).
AB408, s. 16
18Section
16. 26.42 of the statutes is created to read:
AB408,11,4
126.42 Forestry diversification. (1) The department shall establish a
2forestry diversification program and shall promote and assist the development and
3use of industrial and commercial products from forestry products, including all of the
4following:
AB408,11,65
(a) Alternative fuels, including fuels that are considered to be renewable fuels
6under the renewable fuel program under
42 USC 7545 (o).
AB408,11,98
(c) Electricity, including electricity that satisfies the requirements in s. 196.378
9(2).
AB408,11,1210
(d) Marketable credits for reducing emissions of greenhouse gases, as defined
11in s. 285.78 (1) (c), derived from appropriate management practices used in the
12production of timber.
AB408,11,16
13(2) The department shall promote and assist the development and use of the
14products identified in sub. (1) (a) to (d) in cooperation with and with the assistance
15of the department of agriculture, trade and consumer protection and the University
16of Wisconsin-Extension.
AB408, s. 17
17Section
17. 66.1103 (2) (k) 18. of the statutes is repealed.
AB408, s. 18
18Section
18. 70.32 (2) (c) 1g. of the statutes is amended to read:
AB408,11,2119
70.32
(2) (c) 1g. "Agricultural land" means land, exclusive of buildings and
20improvements and the land necessary for their location and convenience, that is
21devoted primarily to agricultural use
, as defined by rule.
AB408, s. 19
22Section
19. 70.32 (2) (c) 1i. of the statutes is created to read:
AB408,11,2523
70.32
(2) (c) 1i. "Agricultural use" means agricultural use as defined by the
24department of revenue by rule and includes the growing of short rotation woody
25crops, including poplars and willows, using agronomic practices.
AB408, s. 20
1Section
20. 70.32 (2) (c) 1k. of the statutes is created to read:
AB408,12,42
70.32
(2) (c) 1k. "Agronomic practices" means agricultural practices generally
3associated with field crop production, including soil management, cultivation, and
4row cropping.
AB408, s. 21
5Section
21. 71.07 (5j) (a) 2d. of the statutes is created to read:
AB408,12,106
71.07
(5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and
7any other fuel derived from a renewable resource that meets all of the applicable
8requirements of the American Society for Testing and Materials for that fuel and that
9the department of commerce designates by rule as a diesel replacement renewable
10fuel.
AB408, s. 22
11Section
22. 71.07 (5j) (a) 2m. of the statutes is created to read:
AB408,12,1612
71.07
(5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and
13any other fuel derived from a renewable resource that meets all of the applicable
14requirements of the American Society for Testing and Materials for that fuel and that
15the department of commerce designates by rule as a gasoline replacement renewable
16fuel.
AB408,13,419
71.07
(5j) (b)
Filing claims. Subject to the limitations provided in this
20subsection, for taxable years beginning after December 31, 2007, and before January
211, 2018, a claimant may claim as a credit against the taxes imposed under ss. 71.02
22and 71.08, up to the amount of the taxes, an amount that is equal to 25 percent of the
23amount that the claimant paid in the taxable year to install or retrofit pumps located
24in this state that dispense motor vehicle fuel
consisting of at least marketed as
25gasoline and 85 percent ethanol
or a higher percentage of ethanol or
at least motor
1vehicle fuel marketed as diesel fuel and 20 percent biodiesel fuel
or that mix fuels
2from separate storage tanks and allow the end user to choose the percentage of
3gasoline replacement renewable fuel or diesel replacement renewable fuel in the
4motor vehicle fuel dispensed.
AB408, s. 24
5Section
24. 71.28 (5j) (a) 2d. of the statutes is created to read:
AB408,13,106
71.28
(5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and
7any other fuel derived from a renewable resource that meets all of the applicable
8requirements of the American Society for Testing and Materials for that fuel and that
9the department of commerce designates by rule as a diesel replacement renewable
10fuel.
AB408, s. 25
11Section
25. 71.28 (5j) (a) 2m. of the statutes is created to read:
AB408,13,1612
71.28
(5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and
13any other fuel derived from a renewable resource that meets all of the applicable
14requirements of the American Society for Testing and Materials for that fuel and that
15the department of commerce designates by rule as a gasoline replacement renewable
16fuel.
AB408, s. 26
17Section
26. 71.28 (5j) (b) of the statutes is amended to read:
AB408,14,318
71.28
(5j) (b)
Filing claims. Subject to the limitations provided in this
19subsection, for taxable years beginning after December 31, 2007, and before January
201, 2018, a claimant may claim as a credit against the taxes imposed under s. 71.23,
21up to the amount of the taxes, an amount that is equal to 25 percent of the amount
22that the claimant paid in the taxable year to install or retrofit pumps located in this
23state that dispense motor vehicle fuel
consisting of at least marketed as gasoline and 2485 percent ethanol
or a higher percentage of ethanol or
at least motor vehicle fuel
25marketed as diesel fuel and 20 percent biodiesel fuel
or that mix fuels from separate
1storage tanks and allow the end user to choose the percentage of gasoline
2replacement renewable fuel or diesel replacement renewable fuel in the motor
3vehicle fuel dispensed.
AB408, s. 27
4Section
27. 71.47 (5j) (a) 2d. of the statutes is created to read: