SB279: Bill Text

SB279,8,6 (c) Identify key factors that influence the supply of and demand for major bioenergy feedstocks in the state, including the types and amounts of land devoted to producing these feedstocks.

SB279,8,9 (d) Assess whether any of the factors identified under par. (c) are likely to change during the period covered by the assessment and, if so, how those changes may affect the availability of future bioenergy feedstocks.

SB279,8,11 (e) Assess the impacts of the increased use in the state of biomass for energy production on all of the following:

SB279,8,12 1. Other consumers of that biomass.

SB279,8,13 2. Land use.

SB279,8,14 3. Environmental quality.

SB279,8,16 4. Other benefits and services derived from the natural systems in which the biomass is produced.

SB279,8,18 (f) Recommend, as appropriate, legislation or changes in programs or rules of affected agencies, including whether the assessment should be continued.

SB279,8,23 (3) No later than April 30, 2013, and no later than April 30 of each odd-numbered year thereafter, the office shall submit a copy of an assessment prepared under sub. (2) to the governor and the appropriate standing committees of the legislature under s. 13.172 (3) and shall post a copy of the assessment on the office's Internet site.

SB279, s. 6 Section 6. 16.956 (1) (bg) and (br) of the statutes are created to read:

SB279,9,2 16.956 (1) (bg) "Biorefinery" means a facility, including equipment and processes, that converts biomass into fuels and products and may produce electricity.

SB279,9,3 (br) "Executive branch agency" has the meaning given in s. 16.70 (4).

SB279, s. 7 Section 7. 16.956 (2) (c) of the statutes is renumbered 16.956 (2) (c) (intro.) and amended to read:

SB279,9,7 16.956 (2) (c) (intro.) Ensuring that Wisconsin is a national leader in groundbreaking all of the following:

SB279,9,9 1. Groundbreaking research that will make alternative energies more affordable and create well-paying jobs in this state.

SB279, s. 8 Section 8. 16.956 (2) (c) 2. and 3. of the statutes are created to read:

SB279,9,11 16.956 (2) (c) 2. Developing biorefineries.

SB279,9,13 3. Advancing the sale and use in all types of motor vehicles of blends of gasoline and a biofuel that contain more than 10 percent of the biofuel.

SB279, s. 9 Section 9. 16.956 (3) (a) and (c) of the statutes are amended to read:

SB279,9,18 16.956 (3) (a) Ensure and facilitate the implementation of the initiatives specified in sub. (2) and identify barriers to the implementation of such initiatives. The office shall serve as the central unit of state government to coordinate the activities of all executive branch agencies in connection with these initiatives.

SB279,9,20 (c) Develop energy independence policy options for consideration by the governor, the legislature, and state the executive branch agencies.

SB279, s. 10 Section 10 . 16.956 (3) (f) of the statutes is created to read:

SB279,9,25 16.956 (3) (f) Pursue, in cooperation with the department of agriculture, trade and consumer protection, the establishment and maintenance of sufficient alternative fuel refueling facilities at public retail outlets to meet the traveling needs of the public.

SB279, s. 11 Section 11. 16.956 (4) of the statutes is created to read:

SB279,10,3 16.956 (4) Other state agencies shall assist the office in fulfilling its duties under this section to the fullest extent possible.

SB279, s. 12 Section 12. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB279, s. 13 Section 13. 20.115 (3) (im) of the statutes is created to read:

SB279,10,10 20.115 (3) (im) Renewable fuel program. The amounts in the schedule for the administration and enforcement of the renewable fuel program under s. 100.60 (5). All monies received from the fees authorized by s. 100.60 (5) (f) shall be credited to this appropriation account.

SB279, s. 14 Section 14. 20.115 (4) (c) of the statutes is amended to read:

SB279,10,13 20.115 (4) (c) Agricultural investment aids. Biennially, the amounts in the schedule for agricultural research and development grants under s. 93.46 (2) and (3).

SB279, s. 15 Section 15. 20.115 (4) (r) of the statutes is amended to read:

SB279,10,17 20.115 (4) (r) Agricultural investment aids, agrichemical management fund. Biennially, from the agrichemical management fund, the amounts in the schedule for agricultural research and development grants under s. 93.46 (2) and (3).

SB279, s. 16 Section 16. 26.42 of the statutes is created to read:

SB279,11,4 26.42 Forestry diversification. (1) The department shall establish a forestry diversification program and shall promote and assist the development and use of industrial and commercial products from forestry products, including all of the following:

SB279,11,6 (a) Alternative fuels, including fuels that are considered to be renewable fuels under the renewable fuel program under 42 USC 7545 (o).

SB279,11,7 (b) Heat.

SB279,11,9 (c) Electricity, including electricity that satisfies the requirements in s. 196.378 (2).

SB279,11,12 (d) Marketable credits for reducing emissions of greenhouse gases, as defined in s. 285.78 (1) (c), derived from appropriate management practices used in the production of timber.

SB279,11,16 (2) The department shall promote and assist the development and use of the products identified in sub. (1) (a) to (d) in cooperation with and with the assistance of the department of agriculture, trade and consumer protection and the University of Wisconsin-Extension.

SB279, s. 17 Section 17. 66.1103 (2) (k) 18. of the statutes is repealed.

SB279, s. 18 Section 18. 70.32 (2) (c) 1g. of the statutes is amended to read:

SB279,11,21 70.32 (2) (c) 1g. "Agricultural land" means land, exclusive of buildings and improvements and the land necessary for their location and convenience, that is devoted primarily to agricultural use, as defined by rule.

SB279, s. 19 Section 19. 70.32 (2) (c) 1i. of the statutes is created to read:

SB279,11,25 70.32 (2) (c) 1i. "Agricultural use" means agricultural use as defined by the department of revenue by rule and includes the growing of short rotation woody crops, including poplars and willows, using agronomic practices.

SB279, s. 20 Section 20. 70.32 (2) (c) 1k. of the statutes is created to read:

SB279,12,4 70.32 (2) (c) 1k. "Agronomic practices" means agricultural practices generally associated with field crop production, including soil management, cultivation, and row cropping.

SB279, s. 21 Section 21. 71.07 (5j) (a) 2d. of the statutes is created to read:

SB279,12,10 71.07 (5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and any other fuel derived from a renewable resource that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel and that the department of commerce designates by rule as a diesel replacement renewable fuel.

SB279, s. 22 Section 22. 71.07 (5j) (a) 2m. of the statutes is created to read:

SB279,12,16 71.07 (5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and any other fuel derived from a renewable resource that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel and that the department of commerce designates by rule as a gasoline replacement renewable fuel.

SB279, s. 23 Section 23. 71.07 (5j) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB279,13,4 71.07 (5j) (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 ss. 71.02 and 71.08, up to the amount of the taxes, an amount that is equal to 25 percent of the amount that the claimant paid in the taxable year to install or retrofit pumps located in this state that dispense motor vehicle fuel consisting of at least marketed as gasoline and 85 percent ethanol or a higher percentage of ethanol or at least motor vehicle fuel marketed as diesel fuel and 20 percent biodiesel fuel or that mix fuels from separate storage tanks and allow the end user to choose the percentage of gasoline replacement renewable fuel or diesel replacement renewable fuel in the motor vehicle fuel dispensed.

SB279, s. 24 Section 24. 71.28 (5j) (a) 2d. of the statutes is created to read:

SB279,13,10 71.28 (5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and any other fuel derived from a renewable resource that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel and that the department of commerce designates by rule as a diesel replacement renewable fuel.

SB279, s. 25 Section 25. 71.28 (5j) (a) 2m. of the statutes is created to read:

SB279,13,16 71.28 (5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and any other fuel derived from a renewable resource that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel and that the department of commerce designates by rule as a gasoline replacement renewable fuel.

SB279, s. 26 Section 26. 71.28 (5j) (b) of the statutes is amended to read:

SB279,14,3 71.28 (5j) (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. 71.23, up to the amount of the taxes, an amount that is equal to 25 percent of the amount that the claimant paid in the taxable year to install or retrofit pumps located in this state that dispense motor vehicle fuel consisting of at least marketed as gasoline and 85 percent ethanol or a higher percentage of ethanol or at least motor vehicle fuel marketed as diesel fuel and 20 percent biodiesel fuel or that mix fuels from separate storage tanks and allow the end user to choose the percentage of gasoline replacement renewable fuel or diesel replacement renewable fuel in the motor vehicle fuel dispensed.

SB279, s. 27 Section 27. 71.47 (5j) (a) 2d. of the statutes is created to read:

SB279,14,9 71.47 (5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and any other fuel derived from a renewable resource that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel and that the department of commerce designates by rule as a diesel replacement renewable fuel.

SB279, s. 28 Section 28. 71.47 (5j) (a) 2m. of the statutes is created to read:

SB279,14,15 71.47 (5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and any other fuel derived from a renewable resource that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel and that the department of commerce designates by rule as a gasoline replacement renewable fuel.

SB279, s. 29 Section 29. 71.47 (5j) (b) of the statutes is amended to read:

SB279,15,2 71.47 (5j) (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. 71.43, up to the amount of the taxes, an amount that is equal to 25 percent of the amount that the claimant paid in the taxable year to install or retrofit pumps located in this state that dispense motor vehicle fuel consisting of at least marketed as gasoline and 85 percent ethanol or a higher percentage of ethanol or at least motor vehicle fuel marketed as diesel fuel and 20 percent biodiesel fuel or that mix fuels from separate storage tanks and allow the end user to choose the percentage of gasoline replacement renewable fuel or diesel replacement renewable fuel in the motor vehicle fuel dispensed.

SB279, s. 30 Section 30. 73.03 (50) (intro.) of the statutes is amended to read:

SB279,15,9 73.03 (50) (intro.) With the approval of the joint committee on finance, to establish fees for obtaining a business tax registration certificate, which, except as provided in s. 73.0302, is valid for 2 years, and for renewing that certificate and, except as provided in s. ss. 73.0302 and 73.0303, shall issue and renew those certificates if the person who wishes to obtain or renew a certificate does all of the following:

SB279, s. 31 Section 31. 73.0303 of the statutes is created to read:

SB279,15,14 73.0303 Personal renewable fuel production. The department may not require a person to obtain a business tax registration certificate related to the production or use of renewable fuel that is exempt under s. 78.01 (2n) from the tax imposed under s. 78.01 (1).

SB279, s. 32 Section 32. 78.005 (13j) of the statutes is created to read:

SB279,15,18 78.005 (13j) "Renewable fuel" means fuel that is produced from renewable biomass and that is used to replace or reduce the quantity of fossil fuel used in motor vehicle fuel. "Renewable fuel" includes biodiesel fuel, as defined in s. 168.14 (2m).

SB279, s. 33 Section 33. 78.01 (2n) of the statutes is created to read:

SB279,15,24 78.01 (2n) Personal renewable fuel producer exemption. No tax is imposed under sub. (1) on the first 1,000 gallons of renewable fuel produced or converted from another purpose each year by an individual and used by that individual in his or her personal motor vehicle, if the individual does not sell any such renewable fuel during that year.

SB279, s. 34 Section 34. 78.07 (5) of the statutes is created to read:

SB279,16,2 78.07 (5) Renewable fuel exempt under s. 78.01 (2n) from the tax under s. 78.01 (1) is not received for the purposes of this section.

SB279, s. 35 Section 35 . 93.07 (26) of the statutes is created to read:

SB279,16,7 93.07 (26) Alternative fuel refueling facilities. To pursue in cooperation with the office of energy independence, the establishment and maintenance of sufficient alternative fuel refueling facilities at public retail outlets to meet the traveling needs of the public.

SB279, s. 36 Section 36. 93.46 (1) (d) of the statutes is renumbered 93.46 (1) (d) (intro.) and amended to read:

SB279,16,13 93.46 (1) (d) (intro.) Promote and assist the development and use of industrial and commercial products from agricultural commodities and forestry products and from the production of these commodities, including alternative fuels produced from agricultural source stocks. all of the following:

SB279, s. 37 Section 37. 93.46 (1) (d) 1. to 4. of the statutes are created to read:

SB279,16,16 93.46 (1) (d) 1. Alternative fuels, including fuels that are considered to be renewable fuels under the renewable fuel program under 42 USC 7545 (o).

SB279,16,17 2. Heat.

SB279,16,19 3. Electricity, including electricity that satisfies the requirements in s. 196.378 (2).

SB279,16,22 4. Marketable credits for reducing emissions of greenhouse gases, as defined in s. 285.78 (1) (c), derived from appropriate management practices used in the production of the agricultural commodity.

SB279, s. 38 Section 38. 93.46 (1e) of the statutes is created to read:

SB279,17,2 93.46 (1e) The department shall promote and assist the development and use of the products identified in sub. (1) (d) 1. to 4. in cooperation with and with the assistance of the department of natural resources and the University of Wisconsin-Extension.

SB279, s. 39 Section 39. 93.46 (2) (a) of the statutes is amended to read:

SB279,17,8 93.46 (2) (a) The department shall make agricultural and forestry research and development grants. The department may provide grants to fund demonstration projects, feasibility analyses and applied research directed toward new or alternative technologies and practices that will stimulate agricultural and forestry development and economic activity.

SB279, s. 40 Section 40. 93.46 (2) (b) 4m. and 5m. and (dm) of the statutes are created to read:

SB279,17,13 93.46 (2) (b) 4m. Diversification and expansion of the production, processing, and distribution of forestry products that are used to produce alternative fuels, heat, or electricity.