SB279: Bill Text

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 of the statutes is repealed.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.

SB279,17,15 5m. Commercial application of new technologies or practices related to the production of alternative fuels, heat, or electricity from forestry products.

SB279,17,18 (dm) If the department receives an application under this subsection for a grant for a forestry-related project, analysis, or applied research, the department shall do all of the following:

SB279,17,20 1. Consult with the department of natural resources in evaluating the grant application.

SB279,17,24 2. If the department of agriculture, trade and consumer protection awards the grant, require the grant recipient to coordinate its activities under the grant with any forestry-related programs identified by the department of natural resources in the consultation under subd. 1.

SB279, s. 41 Section 41. 93.46 (3) of the statutes is repealed.

SB279, s. 42 Section 42. 93.47 of the statutes is created to read:

SB279,18,9 93.47 Bioenergy council. (1) The bioenergy council shall identify voluntary best management practices for sustainable biomass and biofuels production, which may include consideration of practices related to choosing biomass species, where to plant, crop management, harvest, and processing and transport, and factors such as soil management, chemical inputs, carbon sequestration in soil and root mass, plant and animal biodiversity, and other factors at the discretion of the council. The council shall consider efforts relating to sustainable biomass and biofuels production conducted by other entities, including the council on forestry.

SB279,18,12 (2) The council shall report its findings, at least biennially, to agencies and private parties that assist producers of biofuel feedstocks and biofuels, as determined by the council.

SB279, s. 43 Section 43. 96.01 (3) of the statutes is amended to read:

SB279,18,20 96.01 (3) "Agricultural commodity" means any agricultural, horticultural (excepting floricultural), viticultural, vegetable, poultry, and livestock products produced in this state, including for use as a bioenergy feedstock, including milk and milk products, bees and honey, or any class, variety or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor, but not including timber and wood products , except timber and wood products used as a bioenergy feedstock.

SB279, s. 44 Section 44. 96.01 (4m) of the statutes is created to read:

SB279,18,22 96.01 (4m) "Bioenergy feedstock" has the meaning given in s. 16.954 (1) (b).

SB279, s. 45 Section 45. 96.02 of the statutes is amended to read:

SB279,19,12 96.02 Policy. It is declared to be the policy of this state to promote orderly and efficient marketing of agricultural commodities and to prevent economic waste of the agricultural wealth of this state. Unfair methods of competition, lack of uniform grading and classification of agricultural commodities, and the inability of individual producers to obtain present markets or to develop new or larger markets for Wisconsin agricultural commodities result in disorderly marketing of such commodities. As a result agricultural producers are prevented from receiving a fair return for the products which they market. Such conditions jeopardize the continued production of an adequate food supply and energy supplies for this and other states, and may result in unemployment with its attendant burdens on the citizens of this state. The production, processing and marketing of agricultural commodities within this state is hereby declared to be affected with a public interest and this chapter is enacted for the purpose of protecting the health, peace, safety and general welfare of the people of this state.

SB279, s. 46 Section 46. 96.05 (1m) of the statutes is created to read:

SB279,19,18 96.05 (1m) If the secretary, based on periodic assessments of markets for bioenergy feedstocks, determines that the issuance of a marketing order or agreement for bioenergy feedstocks will effectuate the declared policy of this chapter, the secretary shall propose the issuance of a marketing order or agreement under sub. (1) for bioenergy feedstocks.

SB279, s. 47 Section 47. 100.51 (6) of the statutes is created to read:

SB279,20,2 100.51 (6) Unblended gasoline sales requirement. (a) A motor fuel grantor that provides gasoline to a motor fuel dealer under a motor fuel dealership agreement shall offer gasoline to the motor fuel dealer that is not blended with ethanol and that is suitable for subsequent blending with ethanol and for resale. For purposes of this subsection, gasoline that is not blended with ethanol is not suitable for subsequent sale if the price charged for the unblended gasoline by the motor fuel grantor does not fairly reflect the average posted terminal price, as defined in s. 100.30 (2) (a).

SB279,20,5 (b) No motor fuel dealership agreement or contract between a motor fuel dealer and a motor fuel grantor may require a motor fuel dealer to purchase ethanol for blending purposes only from the motor fuel grantor.

SB279,20,8 (c) Nothing in this subsection prohibits a motor fuel dealership agreement from requiring the motor fuel dealer to blend gasoline received under par. (a) with a specified amount of ethanol by volume prior to the sale of the gasoline to the end user.

SB279,20,11 (d) Nothing in this subsection prohibits a motor fuel dealership agreement from providing for the transfer of credits under 42 USC 7545 (o) (2) between the motor fuel dealer and the motor fuel grantor.

SB279, s. 48 Section 48. 100.60 of the statutes is created to read:

SB279,20,13 100.60 State renewable fuels goal. (1) Definitions. In this section:

SB279,20,16 (a) "Biodiesel" means a fuel that is comprised of monoalkyl esters of long chain fatty acids derived from vegetable oils or animal fats and that meets all of the applicable requirements of the American Society for Testing and Materials.

SB279,20,17 (b) "Diesel-replacement renewable fuel" means any of the following:

SB279,20,18 1. Biodiesel.

SB279,20,23 2. Any other fuel that can substitute for petroleum-based diesel fuel, that is 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 as a diesel-replacement renewable fuel under sub. (7) (a).

SB279,20,24 (c) "Gasoline-replacement renewable fuel" means any of the following:

SB279,20,25 1. Ethanol.

SB279,21,4 2. Any other fuel that can substitute for gasoline, that is 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 as a gasoline-replacement renewable fuel under sub. (7) (b).

SB279,21,6 (d) "Motor vehicle fuel" means any substance used to fuel motor vehicles used for transportation on public roadways.

SB279,21,8 (e) "Renewable fuel" means a gasoline-replacement renewable fuel or a diesel-replacement renewable fuel.

SB279,21,9 (2) Goals. (a) Definitions. In this subsection:

SB279,21,13 1. "Federal advanced biofuel volume" means the volume for the year listed in 42 USC 7545 (o) (2) (B) (i) (II) or determined by the federal environmental protection agency under 42 USC 7545 (o) (2) (B) (ii) for advanced biofuel, except as provided under par. (d).

SB279,21,17 2. "Federal biomass-based diesel volume" means the volume for the year listed in 42 USC 7545 (o) (2) (b) (i) (IV) or determined by the federal environmental protection agency under 42 USC 7545 (o) (2) (B) (ii) for biomass-based diesel, except as provided under par. (d).

SB279,21,21 3. "Federal cellulosic biofuel volume" means the volume for the year listed in 42 USC 7545 (o) (2) (B) (i) (III) or determined by the federal environmental protection agency under 42 USC 7545 (o) (2) (B) (ii) for cellulosic biofuel, except as provided under par. (d).

SB279,21,23 4. "Federal diesel-replacement renewable fuel percentage" means the number calculated as follows:

SB279,21,25 a. Subtract the sum of the federal cellulosic biofuel volume and the federal biomass-based diesel volume from the federal advanced biofuel volume.