58,39
Section 39
. 196.192 (1) of the statutes is renumbered 196.192 (1) (intro.) and amended to read:
196.192 (1) (intro.) In this section, “
electric:
(a) “Electric public utility" means a public utility whose purpose is the generation, distribution and sale of electric energy.
58,40
Section 40
. 196.192 (1) (b) of the statutes is created to read:
196.192 (1) (b) “Electronics and information technology manufacturing zone” means a zone designated under s. 238.396 (1m).
58,41
Section 41
. 196.192 (2) of the statutes is renumbered 196.192 (2) (am).
58,42
Section 42
. 196.192 (2m) of the statutes is created to read:
196.192 (2m) (a) No later than January 1, 2020, an electric public utility providing service to an electronics and information technology manufacturing zone shall file with the commission tariffs that include market-based pricing and options that allow a new retail customer that is within the electronics and information technology manufacturing zone and that the commission determines is eligible for a credit under s. 71.07 (3wm) to receive market benefits and take market risks for some or all of the customer's purchases of capacity or energy, subject to the maximum capacity or energy purchase limits that shall be established by the commission. The electric public utility shall include the following requirements in the tariffs:
1. The customer shall annually nominate the amount of capacity and energy subject to the market-based tariff.
2. The customer shall provide not less than 12 months' notice to terminate service under the market-based tariff.
3. The term of the market-based tariff may not be less than 10 years.
4. The customer shall pay the difference, if any, between the otherwise applicable retail rate and the market-based tariff rate if the customer does any of the following:
a. Supplies false or misleading information regarding its applicability for the market-based tariff.
b. Leaves the electronics and information technology manufacturing zone to conduct substantially the same business outside the electronics and information technology manufacturing zone.
c. Ceases operations in the electronics and information technology manufacturing zone and does not renew operation of the business or a similar business within the electronics and information technology manufacturing zone within 12 months.
(b) The commission shall approve market-based rates that are consistent with par. (a).
58,43
Section 43
. 196.192 (3) (a) of the statutes is renumbered 196.192 (2) (bm) and amended to read:
196.192 (2) (bm) The commission shall approve market-based rates that are consistent with the options specified in sub. (2) par. (am), except that the commission may not approve a market-based rate unless the commission determines that the rate will not harm shareholders of the investor-owned electric public utility or customers who are not subject to the rate.
58,44
Section 44
. 196.192 (3) (b) of the statutes is renumbered 196.192 (3m) and amended to read:
196.192 (3m) Nothing in s. 196.20, 196.22, 196.37, 196.60 or 196.604 prohibits the commission from approving a filing under sub. (2) (am) or (2m) (a) or approving market-based rates under par. (a) sub. (2) (bm) or (2m) (b).
58,45
Section 45
. 196.192 (4) of the statutes is renumbered 196.192 (2) (c) and amended to read:
196.192 (2) (c) Subject to any approval of the commission that is necessary, an electric public utility that is not an investor-owned electric public utility may implement market-based rates approved under sub. (3) (a)
par. (bm) or implement the options in filings under sub. (2) par. (am) that are approved by the commission.
58,46
Section 46
. 196.49 (5g) (ar) 3. of the statutes is created to read:
196.49 (5g) (ar) 3. The project is primarily to provide service to a new customer within an electronics and information technology manufacturing zone designated under s. 238.396 (1m).
58,47
Section 47
. 196.491 (1) (f) of the statutes is amended to read:
196.491 (1) (f) Except as provided in subs. (2) (b) 8. and (3) (d) 3m., “high-voltage transmission line" means a conductor of electric energy exceeding one mile in length designed for operation at a nominal voltage of 100 kilovolts or more, together with associated facilities, and does not include transmission line relocations that are within an electronics and information technology manufacturing zone designated under s. 238.396 (1m) or that the commission determines are necessary to facilitate highway or airport projects.
58,48m
Section 48m. 238.03 (5) of the statutes is created to read:
238.03 (5) The board shall hire a full-time employee who shall be known as the electronics manufacturing small business development director. The director's duties shall include coordinating with the economic development liaison in the department of administration and providing outreach to local economic development organizations. This subsection has no effect after December 31, 2022.
58,48s
Section 48s. 238.12 (1) of the statutes is amended to read:
238.12 (1) In this section, “tax benefits" means the credits under ss. 71.07 (2dm), (2dx), (3g), and (3t), and (3wm), 71.28 (1dm), (1dx), (3g), and (3t),
and (3wm), 71.47 (1dm), (1dx), (3g), and (3t), and 76.636.
58,49
Section 49
. 238.396 of the statutes is created to read:
238.396 Electronics and information technology manufacturing zone. (1) Definition. In this section, “tax benefits” means the income and franchise tax credits under ss. 71.07 (3wm) and 71.28 (3wm).
(1m) Designation of zone; criteria. (a) The corporation may designate not more than one electronics and information technology manufacturing zone in this state. The zone may not include any area outside this state.
(b) In determining whether to designate an area under par. (a), the corporation shall consider all of the following:
1. Indicators of the area's economic need, which may include data regarding household income, average wages, the condition of property, housing values, population decline, job losses, infrastructure and energy support, the rate of business development, and the existing resources available to the area.
2. The effect of designation on other initiatives and programs to promote economic and community development in the area, including job retention, job creation, job training, and creating high-paying jobs.
(d) The corporation shall, to the extent possible, give preference to the greatest economic need.
(2) Time limit. A designation under sub. (1m) shall remain in effect for no more than 15 years.
(3) Certification. The corporation may certify for tax benefits a business that begins operations in an electronics and information technology manufacturing zone.
(3m) Additional tax benefits for significant capital expenditures. If the corporation determines that a business certified under sub. (3) makes a significant capital expenditure in the electronics and information technology manufacturing zone, the corporation may certify the business to receive additional tax benefits in an amount to be determined by the corporation, but not exceeding 15 percent of the business's capital expenditures. The corporation shall, in a manner determined by the corporation, allocate the tax benefits a business is certified to receive under this subsection over a period of 7 years. The corporation shall establish job creation thresholds for a business certified under sub. (3) for each year in the zone. The claiming of capital expenditure tax benefits under ss. 71.07 (3wm) (bm) and 71.28 (3wm) (bm) shall be tied to those job creation thresholds.
(3s) Limitations on tax benefits. (a) The corporation may not issue certifications to claim tax benefits under ss. 71.07 (3wm) (b) and 71.28 (3wm) (b) that total more than $1,500,000,000.
(b) The corporation may not issue certifications to claim tax benefits under ss. 71.07 (3wm) (bm) and 71.28 (3wm) (bm) that total more than $1,350,000,000.
(c) The corporation may not certify a business to claim tax benefits under ss. 71.07 (3wm) (b) and 71.28 (3wm) (b) for services performed outside this state.
(4) Other duties. (a) The corporation shall revoke a certification under sub. (3) if the business does any of the following:
1. Supplies false or misleading information to obtain tax benefits.
2. Leaves the electronics and information technology manufacturing zone to conduct substantially the same business outside the zone.
3. Ceases operations in the electronics and information technology manufacturing zone and does not renew operation of the business or a similar business in the zone within 12 months.
(b) The corporation may require a business to repay any tax benefits the business claims for a year in which the business failed to maintain employment levels or a significant capital investment in property required by an agreement between the business and the corporation.
(c) The corporation shall determine the maximum amount of the tax benefits that a certified business may claim and shall notify the department of revenue of this amount.
(d) The corporation shall annually verify the information submitted to the corporation under ss. 71.07 (3wm) and 71.28 (3wm).
(f) The corporation shall adopt policies and procedures defining “significant capital expenditure” for purposes of sub. (3m).
(fm) The corporation shall cooperate with the legislative audit bureau for purposes of the audit bureau's performance of its duties under s. 13.94 (1) (u).
(fs) The corporation shall contract with a business certified under sub. (3).
(g) The corporation shall, to the extent possible, attempt to include terms in any agreement negotiated between the corporation and a business under par. (fs) that encourage the business's hiring of Wisconsin residents.
(5) No environmental impact statement required. The issuance of any permit or approval for a new manufacturing facility within an electronics and information technology manufacturing zone designated under this section is not a major action for the purposes of s. 1.11 (2) (c).
58,51
Section 51
. 238.399 (3) (e) of the statutes is created to read:
238.399 (3) (e) If the corporation revokes all certifications for tax benefits within a designated enterprise zone, the corporation may cancel the designation of that enterprise zone. After canceling the designation of an enterprise zone, the corporation may designate a new enterprise zone subject to the limits of this subsection.
58,52
Section 52
. 238.399 (4) of the statutes is renumbered 238.399 (4) (a).
58,53
Section 53
. 238.399 (4) (b) of the statutes is created to read:
238.399 (4) (b) If an enterprise zone designation expires under par. (a), the corporation may designate a new enterprise zone subject to the limits of sub. (3).
58,54
Section 54
. 238.399 (5) (f) of the statutes is created to read:
238.399 (5) (f) No more than one financial services technology business that, after completing a competitive corporate relocation process, retains its corporate headquarters in this state and retains at least 93 percent of its full-time employees in this state who were identified as being full-time employees of the business in the base year, as determined by the corporation.
58,55
Section 55
. 238.399 (5m) of the statutes is amended to read:
238.399 (5m) Additional tax benefits for significant capital expenditures. If the corporation determines that a business certified under sub. (5) makes a significant capital expenditure in the enterprise zone, the corporation may certify the business to receive additional tax benefits in an amount to be determined by the corporation, but not exceeding 10 percent of the business' capital expenditures. The corporation shall, in a manner determined by the corporation, allocate the tax benefits a business is certified to receive under this subsection over the remainder of the time limit of the enterprise zone under sub. (4) (a).
58,56
Section 56
. 281.346 (4) (c) 2m. of the statutes is amended to read:
281.346 (4) (c) 2m. The proposal is consistent with an approved water supply service area plan under s. 281.348 that covers the public water supply system unless the proposal is to provide water to a straddling community that includes an electronics and information technology manufacturing zone designated under s. 238.396 (1m).
58,57
Section 57
. 281.36 (3b) (b) of the statutes is amended to read:
281.36 (3b) (b) No person may discharge dredged material or fill material into a wetland unless the discharge is authorized by a wetland general permit or individual permit issued by the department under this section or the discharge is exempt under sub. (4) or (4m) (a). No person may violate any condition contained in a wetland general or individual permit issued by the department under this section. The department may not issue a wetland general or individual permit under this section unless it determines that the discharge authorized pursuant to the wetland general or individual permit will comply with all applicable water quality standards.
58,58
Section 58
. 281.36 (3m) (a) of the statutes is amended to read:
281.36 (3m) (a) When permit required. Any person wishing to proceed with a discharge into any wetland shall submit an application for a wetland individual permit under this subsection unless the discharge has been authorized under a wetland general permit as provided in sub. (3g) or is exempt under sub. (4) or (4m) (a). Before submitting the application, the department shall hold a meeting with the applicant to discuss the details of the proposed discharge and the requirements for submitting the application and for delineating the wetland. An applicant may include in the application a request for a public informational hearing. The application shall be accompanied by the applicable fee specified in sub. (11) or (12) (a).
58,59
Section 59
. 281.36 (4m) of the statutes is created to read:
281.36 (4m) Exemption and waiver; electronics and information technology manufacturing zone. (a) The permitting requirement under sub. (3b) does not apply to any discharge into a wetland located in an electronics and information technology manufacturing zone designated under s. 238.396 (1m) if the discharge is related to the construction, access, or operation of a new manufacturing facility in the zone and all adverse impacts to functional values of wetlands are compensated at a ratio of 2 acres per each acre impacted through any of the following methods, consistent with the rules promulgated under this section:
1. Purchasing credits from a mitigation bank located in this state.
2. Participating in the in lieu fee subprogram under sub. (3r), under which the department shall identify and consider mitigation that could be conducted within the same watershed and may locate mitigation outside the watershed only upon agreement of the department and the person exempt from permitting under this subsection.
3. Completing mitigation within this state.
(b) The department shall waive water quality certification under
33 USC 1341 (a) (1) for a discharge under par. (a).
58,59s
Section 59s. 808.04 (7p) of the statutes is created to read:
808.04 (7p) An appeal from a judgment or order under s. 809.104 shall be initiated by filing the notice required by s. 809.104 (2) (b) within 30 days after the date of entry of the judgment or order appealed from.
58,59t
Section 59t. 809.104 of the statutes is created to read:
809.104 Appeal of decisions relating to electronics and information technology manufacturing zone. (1) Applicability. This section applies to the appeal of a judgment or order vacating, enjoining, reviewing, or otherwise relating to a decision by a state or local official, board, commission, condemnor, authority, or department concerning an electronics and information technology manufacturing zone designated under s. 238.396 (1m) and supersedes all inconsistent provisions of this chapter.
(2) Appeal as of right. (a) Notwithstanding s. 808.03 (1), an appeal from a judgment or order of the trial court vacating, enjoining, reviewing, or otherwise relating to a decision by a state or local official, board, commission, condemnor, authority, or department concerning an electronics and information technology manufacturing zone designated under s. 238.396 (1m) may be taken to as a matter of right and is governed by this section.
(b) A party may initiate an appeal under this section by filing a notice of appeal with the clerk of the trial court in which the order or judgment appealed from was entered and shall specify in the notice of appeal the order or judgment appealed from. The appellant shall pay the filing fee with the notice of appeal. The clerk of the circuit court shall transmit to the court of appeals, within 3 days of the filing of the notice of appeal, a copy of the notice of appeal, the filing fee, and a copy of the circuit court record of the case maintained under s. 59.40 (2) (b) or (c). The clerk of the court of appeals shall file the appeal upon receipt of the items referred to in this paragraph.
(c) The appellant shall request a copy of the transcript of the reporter's notes of the proceedings for each of the parties to the appeal and make arrangements to pay for the transcript and copies within 5 days after the filing of the notice of appeal under par. (b).
(d) The appellant shall file a statement on transcript with the clerk of the court of appeals, shall file a copy of the statement on transcript with the clerk of the circuit court, and shall serve a copy of the statement on transcript on the other parties to the appeal within 5 days after the filing of the notice of appeal in the circuit court under par. (b). The statement on transcript shall either designate the portions of the transcript that have been requested by the appellant or contain a statement by the appellant that a transcript is not necessary for prosecution of the appeal. If a transcript is necessary for prosecution of the appeal, the statement on transcript shall also contain a statement by the court reporter that the appellant has requested copies of the transcript or designated portions thereof for each of the other parties; that the appellant has made arrangements to pay for the original transcript and for all copies for the other parties; the date on which the appellant requested the transcript and made arrangements to pay for it; and the date on which the transcript must be served on the parties.
(e) The court reporter shall serve copies of the transcript on the parties indicated in the statement on transcript within 5 days after the date the appellant requested copies of the transcript under par. (c).
(f) Subsequent proceedings in the appeal are governed by the procedures for civil appeals and the procedures under subch. VI, except as follows:
1. The appellant shall file a brief within 15 days after the filing of the record on appeal.
2. The respondent shall file a brief within 10 days after the service of the appellant's brief.
3. The appellant shall file within 10 days after the service of the respondent's brief a reply brief or statement that a reply brief will not be filed.
