LRBs0501/1
RCT:kmg:hmh
1999 - 2000 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1999 SENATE BILL 378
March 29, 2000 - Offered by
Joint committee on Finance.
SB378-SSA1,1,2
1An Act to create 20.115 (3) (d) and 93.75 of the statutes;
relating to: payments
2to ethanol producers and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB378-SSA1, s. 1
3Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
4the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB378-SSA1,2,3
120.115
(3) (d)
Payments to ethanol producers. The amounts in the schedule for
2payments to ethanol producers under s. 93.75. No funds may be encumbered under
3this paragraph after June 30, 2006.
SB378-SSA1,2,8
593.75 Payments to ethanol producers.
(1) Eligibility. Beginning on July
61, 2001, the department shall administer a program under which the department
7makes payments to a person who produces ethanol and who satisfies all of the
8following criteria:
SB378-SSA1,2,119
(a) The person produces in this state, within 12 months, over 10,000,000
10gallons of ethanol or, during the first 12 months that the person produces ethanol in
11this state, a lesser amount of ethanol that is established by the department by rule.
SB378-SSA1,2,1312
(b) The person has been producing ethanol in this state for fewer than 60
13months.
SB378-SSA1,2,1514
(c) The person purchases the substances from which the person produces
15ethanol from a local source, as defined by the department by rule.
SB378-SSA1,2,20
16(2) Payments. The department shall pay a person who is eligible under sub. (1)
17at the rate of 20 cents per gallon for not more than 15,000,000 gallons of ethanol
18produced in this state within 12 months, except that if there are insufficient funds
19to make payments at this rate to all eligible persons the department shall prorate the
20payments.
SB378-SSA1,2,22
21(3) Rules. The department shall promulgate rules for the program under this
22section. The department shall include all of the following in the rules:
SB378-SSA1,2,2523
(a) The amount of ethanol that a person must produce within the first 12
24months that the person produces ethanol in this state to be eligible for payments
25under this section.
SB378-SSA1,3,1
1(b) A definition of "local source" for the purposes of sub. (1) (c).
SB378-SSA1,3,22
(c) A method for prorating payments under sub. (2).
SB378-SSA1,3,6
3(3m) Monitoring. (a) The department of transportation shall monitor the
4impact of ethanol sales in this state on the amount of federal moneys received by this
5state for highways and other surface transportation purposes, excluding federal
6moneys received for railroads.
SB378-SSA1,3,137
(b) If the department of transportation determines, on or before December 31,
82003, that the amount of federal moneys received by this state for highways and
9other surface transportation purposes, excluding federal moneys received for
10railroads, is decreased due to ethanol sales in this state, the department of
11transportation shall notify the department of agriculture, trade and consumer
12protection of that determination not sooner than October 1, 2003, and not later than
13December 31, 2003.
SB378-SSA1,3,2014
(c) If the department of transportation determines, after December 31, 2003,
15and before January 1, 2005, that the amount of federal moneys received by this state
16for highways and other surface transportation purposes, excluding federal moneys
17received for railroads, is decreased due to ethanol sales in this state, the department
18of transportation shall notify the department of agriculture, trade and consumer
19protection of that determination not sooner than October 1, 2004, and not later than
20December 31, 2004.
SB378-SSA1,4,221
(d) If the department of transportation determines, after December 31, 2004,
22and before January 1, 2006, that the amount of federal moneys received by this state
23for highways and other surface transportation purposes, excluding federal moneys
24received for railroads, is decreased due to ethanol sales in this state, the department
25of transportation shall notify the department of agriculture, trade and consumer
1protection of that determination not sooner than October 1, 2005, and not later than
2December 31, 2005.
SB378-SSA1,4,5
3(4) Sunset. The department may not make a payment under this section after
4June 30, 2006, or the first day of the 6th month beginning after the department
5receives a notice under sub. (3m), whichever is sooner.