SB279,11,16 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.
SB279, s. 17 17Section 17. 66.1103 (2) (k) 18. of the statutes is repealed.
SB279, s. 18 18Section 18. 70.32 (2) (c) 1g. of the statutes is amended to read:
SB279,11,2119 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.
SB279, s. 19 22Section 19. 70.32 (2) (c) 1i. of the statutes is created to read:
SB279,11,2523 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.
SB279, s. 20
1Section 20. 70.32 (2) (c) 1k. of the statutes is created to read:
SB279,12,42 70.32 (2) (c) 1k. "Agronomic practices" means agricultural practices generally
3associated with field crop production, including soil management, cultivation, and
4row cropping.
SB279, s. 21 5Section 21. 71.07 (5j) (a) 2d. of the statutes is created to read:
SB279,12,106 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.
SB279, s. 22 11Section 22. 71.07 (5j) (a) 2m. of the statutes is created to read:
SB279,12,1612 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.
SB279, s. 23 17Section 23. 71.07 (5j) (b) of the statutes, as affected by 2009 Wisconsin Act 28,
18is amended to read:
SB279,13,419 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
.
SB279, s. 24 5Section 24. 71.28 (5j) (a) 2d. of the statutes is created to read:
SB279,13,106 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.
SB279, s. 25 11Section 25. 71.28 (5j) (a) 2m. of the statutes is created to read:
SB279,13,1612 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.
SB279, s. 26 17Section 26. 71.28 (5j) (b) of the statutes is amended to read:
SB279,14,318 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
.
SB279, s. 27 4Section 27. 71.47 (5j) (a) 2d. of the statutes is created to read:
SB279,14,95 71.47 (5j) (a) 2d. "Diesel replacement renewable fuel" includes biodiesel and
6any other fuel derived from a renewable resource that meets all of the applicable
7requirements of the American Society for Testing and Materials for that fuel and that
8the department of commerce designates by rule as a diesel replacement renewable
9fuel.
SB279, s. 28 10Section 28. 71.47 (5j) (a) 2m. of the statutes is created to read:
SB279,14,1511 71.47 (5j) (a) 2m. "Gasoline replacement renewable fuel" includes ethanol and
12any other fuel derived from a renewable resource that meets all of the applicable
13requirements of the American Society for Testing and Materials for that fuel and that
14the department of commerce designates by rule as a gasoline replacement renewable
15fuel.
SB279, s. 29 16Section 29. 71.47 (5j) (b) of the statutes is amended to read:
SB279,15,217 71.47 (5j) (b) Filing claims. Subject to the limitations provided in this
18subsection, for taxable years beginning after December 31, 2007, and before January
191, 2018, a claimant may claim as a credit against the taxes imposed under s. 71.43,
20up to the amount of the taxes, an amount that is equal to 25 percent of the amount
21that the claimant paid in the taxable year to install or retrofit pumps located in this
22state that dispense motor vehicle fuel consisting of at least marketed as gasoline and
2385 percent ethanol or a higher percentage of ethanol or at least motor vehicle fuel
24marketed as diesel fuel and
20 percent biodiesel fuel or that mix fuels from separate
25storage tanks and allow the end user to choose the percentage of gasoline

1replacement renewable fuel or diesel replacement renewable fuel in the motor
2vehicle fuel dispensed
.
SB279, s. 30 3Section 30. 73.03 (50) (intro.) of the statutes is amended to read:
SB279,15,94 73.03 (50) (intro.) With the approval of the joint committee on finance, to
5establish fees for obtaining a business tax registration certificate, which, except as
6provided in s. 73.0302, is valid for 2 years, and for renewing that certificate and,
7except as provided in s. ss. 73.0302 and 73.0303, shall issue and renew those
8certificates if the person who wishes to obtain or renew a certificate does all of the
9following:
SB279, s. 31 10Section 31. 73.0303 of the statutes is created to read:
SB279,15,14 1173.0303 Personal renewable fuel production. The department may not
12require a person to obtain a business tax registration certificate related to the
13production or use of renewable fuel that is exempt under s. 78.01 (2n) from the tax
14imposed under s. 78.01 (1).
SB279, s. 32 15Section 32. 78.005 (13j) of the statutes is created to read:
SB279,15,1816 78.005 (13j) "Renewable fuel" means fuel that is produced from renewable
17biomass and that is used to replace or reduce the quantity of fossil fuel used in motor
18vehicle fuel. "Renewable fuel" includes biodiesel fuel, as defined in s. 168.14 (2m).
SB279, s. 33 19Section 33. 78.01 (2n) of the statutes is created to read:
SB279,15,2420 78.01 (2n) Personal renewable fuel producer exemption. No tax is imposed
21under sub. (1) on the first 1,000 gallons of renewable fuel produced or converted from
22another purpose each year by an individual and used by that individual in his or her
23personal motor vehicle, if the individual does not sell any such renewable fuel during
24that year.
SB279, s. 34 25Section 34. 78.07 (5) of the statutes is created to read:
SB279,16,2
178.07 (5) Renewable fuel exempt under s. 78.01 (2n) from the tax under s. 78.01
2(1) is not received for the purposes of this section.
SB279, s. 35 3Section 35 . 93.07 (26) of the statutes is created to read:
SB279,16,74 93.07 (26) Alternative fuel refueling facilities. To pursue in cooperation
5with the office of energy independence, the establishment and maintenance of
6sufficient alternative fuel refueling facilities at public retail outlets to meet the
7traveling needs of the public.
SB279, s. 36 8Section 36. 93.46 (1) (d) of the statutes is renumbered 93.46 (1) (d) (intro.) and
9amended to read:
SB279,16,1310 93.46 (1) (d) (intro.) Promote and assist the development and use of industrial
11and commercial products from agricultural commodities and forestry products and
12from the production of these commodities
, including alternative fuels produced from
13agricultural source stocks.
all of the following:
SB279, s. 37 14Section 37. 93.46 (1) (d) 1. to 4. of the statutes are created to read:
SB279,16,1615 93.46 (1) (d) 1. Alternative fuels, including fuels that are considered to be
16renewable fuels under the renewable fuel program under 42 USC 7545 (o).
SB279,16,1717 2. Heat.
SB279,16,1918 3. Electricity, including electricity that satisfies the requirements in s. 196.378
19(2).
SB279,16,2220 4. Marketable credits for reducing emissions of greenhouse gases, as defined
21in s. 285.78 (1) (c), derived from appropriate management practices used in the
22production of the agricultural commodity.
SB279, s. 38 23Section 38. 93.46 (1e) of the statutes is created to read:
SB279,17,224 93.46 (1e) The department shall promote and assist the development and use
25of the products identified in sub. (1) (d) 1. to 4. in cooperation with and with the

1assistance of the department of natural resources and the University of
2Wisconsin-Extension.
SB279, s. 39 3Section 39. 93.46 (2) (a) of the statutes is amended to read:
SB279,17,84 93.46 (2) (a) The department shall make agricultural and forestry research and
5development grants. The department may provide grants to fund demonstration
6projects, feasibility analyses and applied research directed toward new or
7alternative technologies and practices that will stimulate agricultural and forestry
8development and economic activity.
SB279, s. 40 9Section 40. 93.46 (2) (b) 4m. and 5m. and (dm) of the statutes are created to
10read:
SB279,17,1311 93.46 (2) (b) 4m. Diversification and expansion of the production, processing,
12and distribution of forestry products that are used to produce alternative fuels, heat,
13or electricity.
SB279,17,1514 5m. Commercial application of new technologies or practices related to the
15production of alternative fuels, heat, or electricity from forestry products.
SB279,17,1816 (dm) If the department receives an application under this subsection for a grant
17for a forestry-related project, analysis, or applied research, the department shall do
18all of the following:
SB279,17,2019 1. Consult with the department of natural resources in evaluating the grant
20application.
SB279,17,2421 2. If the department of agriculture, trade and consumer protection awards the
22grant, require the grant recipient to coordinate its activities under the grant with
23any forestry-related programs identified by the department of natural resources in
24the consultation under subd. 1.
SB279, s. 41 25Section 41. 93.46 (3) of the statutes is repealed.
SB279, s. 42
1Section 42. 93.47 of the statutes is created to read:
SB279,18,9 293.47 Bioenergy council. (1) The bioenergy council shall identify voluntary
3best management practices for sustainable biomass and biofuels production, which
4may include consideration of practices related to choosing biomass species, where to
5plant, crop management, harvest, and processing and transport, and factors such as
6soil management, chemical inputs, carbon sequestration in soil and root mass, plant
7and animal biodiversity, and other factors at the discretion of the council. The council
8shall consider efforts relating to sustainable biomass and biofuels production
9conducted by other entities, including the council on forestry.
SB279,18,12 10(2) The council shall report its findings, at least biennially, to agencies and
11private parties that assist producers of biofuel feedstocks and biofuels, as
12determined by the council.
SB279, s. 43 13Section 43. 96.01 (3) of the statutes is amended to read:
SB279,18,2014 96.01 (3) "Agricultural commodity" means any agricultural, horticultural
15(excepting floricultural), viticultural, vegetable, poultry, and livestock products
16produced in this state, including for use as a bioenergy feedstock, including milk and
17milk products, bees and honey, or any class, variety or utilization thereof, either in
18their natural state or as processed by a producer for the purpose of marketing such
19product or by a processor, but not including timber and wood products , except timber
20and wood products used as a bioenergy feedstock
.
SB279, s. 44 21Section 44. 96.01 (4m) of the statutes is created to read:
SB279,18,2222 96.01 (4m) "Bioenergy feedstock" has the meaning given in s. 16.954 (1) (b).
SB279, s. 45 23Section 45. 96.02 of the statutes is amended to read:
SB279,19,12 2496.02 Policy. It is declared to be the policy of this state to promote orderly and
25efficient marketing of agricultural commodities and to prevent economic waste of the

1agricultural wealth of this state. Unfair methods of competition, lack of uniform
2grading and classification of agricultural commodities, and the inability of
3individual producers to obtain present markets or to develop new or larger markets
4for Wisconsin agricultural commodities result in disorderly marketing of such
5commodities. As a result agricultural producers are prevented from receiving a fair
6return for the products which they market. Such conditions jeopardize the continued
7production of an adequate food supply and energy supplies for this and other states,
8and may result in unemployment with its attendant burdens on the citizens of this
9state. The production, processing and marketing of agricultural commodities within
10this state is hereby declared to be affected with a public interest and this chapter is
11enacted for the purpose of protecting the health, peace, safety and general welfare
12of the people of this state.
SB279, s. 46 13Section 46. 96.05 (1m) of the statutes is created to read:
SB279,19,1814 96.05 (1m) If the secretary, based on periodic assessments of markets for
15bioenergy feedstocks, determines that the issuance of a marketing order or
16agreement for bioenergy feedstocks will effectuate the declared policy of this chapter,
17the secretary shall propose the issuance of a marketing order or agreement under
18sub. (1) for bioenergy feedstocks.
SB279, s. 47 19Section 47. 100.51 (6) of the statutes is created to read:
SB279,20,220 100.51 (6) Unblended gasoline sales requirement. (a) A motor fuel grantor
21that provides gasoline to a motor fuel dealer under a motor fuel dealership
22agreement shall offer gasoline to the motor fuel dealer that is not blended with
23ethanol and that is suitable for subsequent blending with ethanol and for resale. For
24purposes of this subsection, gasoline that is not blended with ethanol is not suitable
25for subsequent sale if the price charged for the unblended gasoline by the motor fuel

1grantor does not fairly reflect the average posted terminal price, as defined in s.
2100.30 (2) (a).
SB279,20,53 (b) No motor fuel dealership agreement or contract between a motor fuel dealer
4and a motor fuel grantor may require a motor fuel dealer to purchase ethanol for
5blending purposes only from the motor fuel grantor.
SB279,20,86 (c) Nothing in this subsection prohibits a motor fuel dealership agreement from
7requiring the motor fuel dealer to blend gasoline received under par. (a) with a
8specified amount of ethanol by volume prior to the sale of the gasoline to the end user.
SB279,20,119 (d) Nothing in this subsection prohibits a motor fuel dealership agreement from
10providing for the transfer of credits under 42 USC 7545 (o) (2) between the motor fuel
11dealer and the motor fuel grantor.
SB279, s. 48 12Section 48. 100.60 of the statutes is created to read:
SB279,20,13 13100.60 State renewable fuels goal. (1) Definitions. In this section:
SB279,20,1614 (a) "Biodiesel" means a fuel that is comprised of monoalkyl esters of long chain
15fatty acids derived from vegetable oils or animal fats and that meets all of the
16applicable requirements of the American Society for Testing and Materials.
SB279,20,1717 (b) "Diesel-replacement renewable fuel" means any of the following:
SB279,20,1818 1. Biodiesel.
SB279,20,2319 2. Any other fuel that can substitute for petroleum-based diesel fuel, that is
20derived from a renewable resource, that meets all of the applicable requirements of
21the American Society for Testing and Materials for that fuel, and that the
22department of commerce designates as a diesel-replacement renewable fuel under
23sub. (7) (a).
SB279,20,2424 (c) "Gasoline-replacement renewable fuel" means any of the following:
SB279,20,2525 1. Ethanol.
SB279,21,4
12. Any other fuel that can substitute for gasoline, that is derived from a
2renewable resource, that meets all of the applicable requirements of the American
3Society for Testing and Materials for that fuel, and that the department of commerce
4designates as a gasoline-replacement renewable fuel under sub. (7) (b).
SB279,21,65 (d) "Motor vehicle fuel" means any substance used to fuel motor vehicles used
6for transportation on public roadways.
SB279,21,87 (e) "Renewable fuel" means a gasoline-replacement renewable fuel or a
8diesel-replacement renewable fuel.
SB279,21,9 9(2) Goals. (a) Definitions. In this subsection:
SB279,21,1310 1. "Federal advanced biofuel volume" means the volume for the year listed in
1142 USC 7545 (o) (2) (B) (i) (II) or determined by the federal environmental protection
12agency under 42 USC 7545 (o) (2) (B) (ii) for advanced biofuel, except as provided
13under par. (d).
SB279,21,1714 2. "Federal biomass-based diesel volume" means the volume for the year listed
15in 42 USC 7545 (o) (2) (b) (i) (IV) or determined by the federal environmental
16protection agency under 42 USC 7545 (o) (2) (B) (ii) for biomass-based diesel, except
17as provided under par. (d).
SB279,21,2118 3. "Federal cellulosic biofuel volume" means the volume for the year listed in
1942 USC 7545 (o) (2) (B) (i) (III) or determined by the federal environmental protection
20agency under 42 USC 7545 (o) (2) (B) (ii) for cellulosic biofuel, except as provided
21under par. (d).
SB279,21,2322 4. "Federal diesel-replacement renewable fuel percentage" means the number
23calculated as follows:
SB279,21,2524 a. Subtract the sum of the federal cellulosic biofuel volume and the federal
25biomass-based diesel volume from the federal advanced biofuel volume.
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