79.02(3)(e)
(e) For the distribution in 2004 and subsequent years, the total amount of the November payments to each county and municipality under
s. 79.035 shall be reduced by an amount equal to the amount of supplements paid from the appropriation accounts under
s. 20.435 (4) (b) and
(gm) that the county or municipality received for the fiscal year in which a payment is made under this section, as determined under
s. 49.45 (51).
79.035
79.035
County and municipal aid. 79.035(1)
(1) Each county and municipality shall receive a payment from the county and municipal aid account and from the appropriation account under
s. 20.835 (1) (r) in an amount determined under this section.
79.035(3)
(3) For the distribution in 2011, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under s.
79.02 (4), 2009 stats., in 2010.
79.035(4)(a)(a) For the distribution in 2012, the total amount of the payments to all municipalities under this section shall be reduced by $47,663,400 and the total amount of the payments to all counties under this section shall be reduced by $29,086,600.
79.035(4)(b)1.1. To calculate the reduction under this subsection for each municipality, the department of revenue shall first divide $47,663,400 by the total population of all municipalities. The department shall then adjust the result of the calculation to establish a per capita amount applied to all municipalities so that the reduction for each municipality is no more than the maximum allowable reduction under this subsection for that municipality and so that the total reductions to county and municipal aid payments for municipalities under this subsection is $47,663,400.
79.035(4)(b)2.
2. To calculate the reduction under this subsection for each county, the department of revenue shall first divide $29,086,600 by the total population of all counties. The department shall then adjust the result of the calculation to establish a per capita amount applied to all counties so that the reduction for each county is no more than the maximum allowable reduction under this subsection for that county and so that the total reductions to county and municipal aid payments for counties under this subsection is $29,086,600.
79.035(4)(c)1.1. The reduction for a municipality that has a population of less than 2,500 is the amount calculated by multiplying the amount determined under
par. (b) 1. by the municipality's population, multiplied by the quotient of the municipality's population divided by 2,500.
79.035(4)(c)2.
2. Except as provided under
par. (h), the reduction determined under this paragraph may not exceed the lesser of an amount equal to 15 percent of the municipality's payment under this section in 2011, prior to any reduction under
s. 79.02 (3) (e), or 10 cents for each $1,000 of the municipality's equalized value, as determined under
s. 70.57.
79.035(4)(d)1.1. The reduction for a municipality that has a population of at least 2,500, but no greater than 10,000, is the amount equal to 10 cents for each $1,000 of the municipality's equalized value, as determined under
s. 70.57, plus the amount determined as follows:
79.035(4)(d)2.
2. Except as provided in
par. (h), the reduction determined under this paragraph may not exceed the lesser of an amount equal to 15 percent of the municipality's payment under this section in 2011, prior to any reduction under
s. 79.02 (3) (e), or 15 cents for each $1,000 of the municipality's equalized value, as determined under
s. 70.57.
79.035(4)(e)1.1. The reduction for a municipality that has a population greater than 10,000, but no greater than 50,000, is the amount equal to 15 cents for each $1,000 of the municipality's equalized value, as determined under
s. 70.57, plus the amount determined as follows:
79.035(4)(e)2.
2. Except as provided in
par. (h), the reduction determined under this paragraph may not exceed the lesser of an amount equal to 15 percent of the municipality's payment under this section in 2011, prior to any reduction under
s. 79.02 (3) (e), or 25 cents for each $1,000 of the municipality's equalized value, as determined under
s. 70.57.
79.035(4)(f)1.1. The reduction for a municipality that has a population greater than 50,000, but no greater than 110,000, is the amount equal to 25 cents for each $1,000 of the municipality's equalized value, as determined under
s. 70.57, plus the amount determined as follows:
79.035(4)(f)2.
2. Except as provided in
par. (h), the reduction determined under this paragraph may not exceed the lesser of an amount equal to 15 percent of the municipality's payment under this section in 2011, prior to any reduction under
s. 79.02 (3) (e), or 30 cents for each $1,000 of the municipality's equalized value, as determined under
s. 70.57.
79.035(4)(g)
(g) The reduction for a municipality that has a population greater than 110,000 is an amount equal to 30 cents for each $1,000 of the municipality's equalized value, as determined under
s. 70.57, plus an amount equal to the municipality's population multiplied by the amount determined under
par. (b) 1., except that the reduction determined under this paragraph may not exceed the lesser of an amount equal to 25 percent of the municipality's payment under this section in 2011, prior to any reduction under
s. 79.02 (3) (e), or 35 cents for each $1,000 in equalized value, as determined under
s. 70.57.
79.035(4)(h)
(h) The reduction determined under
par. (c),
(d),
(e), or
(f) for a town or village may not exceed the lesser of an amount equal to 25 percent of the town's or village's payment under this section in 2011, prior to any reduction under
s. 79.02 (3) (e), or the amount determined under
par. (c) 2.,
(d) 2.,
(e) 2., or
(f) 2. based on equalized value.
79.035(4)(i)
(i) The reduction for a county is the amount determined under
par. (b) 2. multiplied by the county's population, except that the reduction determined under this paragraph may not exceed the lesser of an amount equal to 25 percent of the county's payment under this section in 2011, prior to any reduction under
s. 79.02 (3) (e), or 15 cents for each $1,000 of the county's equalized value, as determined under
s. 70.57.
79.035(5)
(5) For the distribution in 2013 and subsequent years, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2012.
79.04
79.04
Public utility distribution. 79.04(1)
(1) Annually, except for production plants that begin operation after December 31, 2003, or begin operation as a repowered production plant after December 31, 2003, and except as provided in
sub. (4m), the department of administration, upon certification by the department of revenue, shall distribute to a municipality having within its boundaries a production plant, general structure, or substation, used by a light, heat, or power company assessed under
s. 76.28 (2) or
76.29 (2), except property described in
s. 66.0813 unless the production plant or substation is owned or operated by a local governmental unit located outside of the municipality, or by an electric cooperative assessed under
ss. 76.07 and
76.48, respectively, or by a municipal electric company under
s. 66.0825 the amount determined as follows:
79.04(1)(a)
(a) An amount from the public utility account determined by multiplying by 3 mills in the case of a town, and 6 mills in the case of a city or village, the first $125,000,000 of the amount shown in the account, plus leased property, of each public utility except qualified wholesale electric companies, as defined in
s. 76.28 (1) (gm), on December 31 of the preceding year for "production plant, exclusive of land," "general structures," and "substations," in the case of light, heat and power companies, electric cooperatives or municipal electric companies, for all property within a municipality in accordance with the system of accounts established by the public service commission or rural electrification administration, less depreciation thereon as determined by the department of revenue and less the value of treatment plant and pollution abatement equipment, as defined under
s. 70.11 (21), as determined by the department of revenue plus an amount from the public utility account determined by multiplying by 3 mills in the case of a town, and 6 mills in the case of a city or village, of the first $125,000,000 of the total original cost of production plant, general structures, and substations less depreciation, land and approved waste treatment facilities of each qualified wholesale electric company, as defined in
s. 76.28 (1) (gm), as reported to the department of revenue of all property within the municipality. The total of amounts, as depreciated, from the accounts of all public utilities for the same production plant is also limited to not more than $125,000,000. The amount distributable to a municipality under this subsection and
sub. (6) in any year shall not exceed $300 times the population of the municipality, except that, beginning with payments in 2009, the amount distributable to a municipality under this subsection and
sub. (6) in any year shall not exceed $425 times the population of the municipality.
79.04(1)(b)1.1. Beginning with the distribution under this subsection in 1991, and ending with the distribution under this subsection in 2008, the amount determined under
par. (a) to value property used by a light, heat or power company in a municipality may not be less than the amount determined to value the property for the distribution to the municipality under this subsection in 1990, subject to
subds. 2.,
3. and
4.
79.04(1)(b)2.
2. When a light, heat or power company no longer uses property described under
par. (a) as production plant, substation, or general structure in a municipality, the amount established under
subd. 1. shall be reduced by the proportion that the property that is no longer used bears to the total value of all property described in
par. (a) in the municipality. The proportion shall be determined according to the proportional value of the property when the light, heat or power company stops using the property.
79.04(1)(b)3.
3. The amount of a distribution under this paragraph, as affected by
subd. 1., may not exceed the per capita amount established under
par. (a).
79.04(1)(b)4.
4. If property of a light, heat or power company described under
par. (a) is included in the value of property for the distribution to the municipality under this subsection in 1990 and is located in territory annexed by another municipality after December 31, 1989, the amount established under
subd. 1. shall be reduced annually by one-fifth of the value of the property located in the annexed territory for 5 consecutive years, beginning with the distribution in 1994 or with the first distribution after the year in which the annexation occurs, whichever is later.
79.04(1)(c)1.1. The payment for any municipality in which a production plant is located, which the public service commission certifies to the department of revenue will produce a nominal rated capacity of 200 megawatts or more, shall be no less than $75,000 annually, except that the amount distributable to a municipality in any year shall not exceed the per capita limit specified in
par. (a).
79.04(1)(c)2.
2. If a production plant is located in more than one municipality, the total payment under
subd. 1. shall be apportioned according to the amounts shown on the preceding December 31 for the production plant in the account described in
par. (a) for "production plant exclusive of land" within each municipality for all public utilities except qualified wholesale electric companies, as defined in
s. 76.28 (1) (gm), or according to the value as reported to the department of revenue under
par. (a) of the production plant within each municipality for each qualified wholesale electric company. The payment to each municipality under this subdivision shall be no less than $15,000 annually.
79.04(1)(c)3.
3. If a production plant with a nominal rated capacity of 200 megawatts or more is decommissioned or becomes nonutility property, the $75,000 minimum guaranteed payment under
subd. 1. shall continue but diminish by $7,500 annually, except that the minimum guaranteed payment under this subdivision shall cease in the year following the first year in which the property becomes taxable by the taxation district. In this subdivision, "nonutility property" has the meaning set forth in the uniform system of accounts established by the public service commission. This subdivision does not apply after the distributions in 2004.
79.04(2)(a)(a) Annually, except for production plants that begin operation after December 31, 2003, or begin operation as a repowered production plant after December 31, 2003, and except as provided in
sub. (4m), the department of administration, upon certification by the department of revenue, shall distribute from the public utility account to any county having within its boundaries a production plant, general structure, or substation, used by a light, heat or power company assessed under
s. 76.28 (2) or
76.29 (2), except property described in
s. 66.0813 unless the production plant or substation is owned or operated by a local governmental unit that is located outside of the municipality in which the production plant or substation is located, or by an electric cooperative assessed under
ss. 76.07 and
76.48, respectively, or by a municipal electric company under
s. 66.0825 an amount determined by multiplying by 6 mills in the case of property in a town and by 3 mills in the case of property in a city or village the first $125,000,000 of the amount shown in the account, plus leased property, of each public utility except qualified wholesale electric companies, as defined in
s. 76.28 (1) (gm), on December 31 of the preceding year for "production plant, exclusive of land," "general structures," and "substations," in the case of light, heat and power companies, electric cooperatives or municipal electric companies, for all property within the municipality in accordance with the system of accounts established by the public service commission or rural electrification administration, less depreciation thereon as determined by the department of revenue and less the value of treatment plant and pollution abatement equipment, as defined under
s. 70.11 (21), as determined by the department of revenue plus an amount from the public utility account determined by multiplying by 6 mills in the case of property in a town, and 3 mills in the case of property in a city or village, of the total original cost of production plant, general structures, and substations less depreciation, land and approved waste treatment facilities of each qualified wholesale electric company, as defined in
s. 76.28 (1) (gm), as reported to the department of revenue of all property within the municipality. The total of amounts, as depreciated, from the accounts of all public utilities for the same production plant is also limited to not more than $125,000,000. The amount distributable to a county under this subsection and
sub. (6) in any year shall not exceed $100 times the population of the county, except that, beginning with payments in 2009, the amount distributable to a county under this subsection and
sub. (6) in any year shall not exceed $125 times the population of the county.
79.04(2)(am)1.1. Beginning with the distribution under this subsection in 1991, and ending with the distribution under this subsection in 2008, the amount determined under
par. (a) to value property used by a light, heat or power company in a county may not be less than the amount determined to value the property for the distribution to the county under this subsection in 1990, subject to
subds. 2. and
3.
79.04(2)(am)2.
2. When a light, heat or power company no longer uses property described under
par. (a) as production plant, substation, or general structure in a county, the amount established under
subd. 1. shall be reduced by the proportion that the property that is no longer used bears to the total value of all property described in
par. (a) in the county. The proportion shall be determined according to the proportional value of the property when the light, heat or power company stops using the property.
79.04(2)(am)3.
3. The amount of a distribution under this paragraph, as affected by
subd. 1., may not exceed the per capita amount established under
par. (a).
79.04(2)(b)
(b) The payment under
par. (a) for any county in which a production plant is located, which the public service commission certifies to the department of revenue will produce a nominal rated capacity of 200 megawatts or more, shall be not less than $75,000 annually, except that the amount distributable to a county in any year shall not exceed the per capita limit specified in
par. (a).
79.04(3m)
(3m) For purposes of determining the amount of the payments under
subs. (1) and
(2), the payments for a municipality and county in which an ash disposal facility that is owned and operated by an electric cooperative is operating prior to July 30, 2003, shall be calculated to include an amount that is equal to the net book value of the ash disposal facility multiplied by 2.
79.04(4)(a)(a) Annually, in addition to the amounts distributed under
subs. (1),
(5),
(6), and
(7), the department of administration shall distribute $50,000 to a municipality if spent nuclear fuel is stored within the municipality on December 31 of the preceding year. If a spent nuclear fuel storage facility is located within one mile of a municipality, that municipality shall receive $10,000 annually and the municipality where that storage facility is located shall receive $40,000 annually.
79.04(4)(b)
(b) Annually, in addition to the amounts distributed under
subs. (2),
(5),
(6), and
(7), the department of administration shall distribute $50,000 to a county if spent nuclear fuel is stored within the county on December 31 of the preceding year. If a spent nuclear fuel storage facility is located at a production plant located in more than one county, the payment shall be apportioned according to the formula under
sub. (1) (c) 2., except that the formula, as it applies to municipalities in that subdivision, applies to counties in this paragraph. The payment under this paragraph may not be less than $10,000 annually.
79.04(4m)(a)(a) Except as provided in
par. (b), beginning with distributions in 2009, for production plants described under
subs. (1) and
(2), if in any year the payments to the municipality and county in which the production plant is located would be greater under
subs. (6) and
(7) (c) 1. based on the production plant's name-plate capacity than under
sub. (1) or
(2) based on the depreciated net book value of the production plant, the municipality and county shall receive payments under
subs. (6) and
(7) (c) 1., rather than under
sub. (1) or
(2), beginning in that year and in each year thereafter.
79.04(4m)(b)
(b) For municipalities where production plants are located, if the combination of amounts determined for production plants under
sub. (1) or under
subs. (6) and
(7) (c) 1. and the amounts determined for substations and general structures under
sub. (1) are less for a municipality than the amount determined under
sub. (1) based on the value of the property used to calculate the municipality's payment in 1990, reduced to reflect the value of property that is no longer in use, the municipality's payment shall be calculated under
sub. (1) using the value of the property used to calculate the municipality's payment in 1990, reduced to reflect the value of property no longer in use.
79.04(5)(a)(a) Beginning with the distributions in 2005, if property that was exempt from the property tax under
s. 70.112 (4) and that was used to generate power by a light, heat, or power company, except property under
s. 66.0813, unless the production plant is owned or operated by a local governmental unit located outside of the municipality, or by an electric cooperative, or by a municipal electric company under
s. 66.0825, is decommissioned, the municipality shall be paid, from the public utility account, an amount calculated by subtracting an amount equal to the property taxes paid for that property during the current year to the municipality for its general operations from the following percentages of the payment that the municipality received under this section during the last year that the property was exempt from the property tax:
79.04(5)(a)1.
1. In the first year that the property is taxable, 100%.
79.04(5)(a)2.
2. In the 2nd year that the property is taxable, 80%.
79.04(5)(a)3.
3. In the 3rd year that the property is taxable, 60%.
79.04(5)(a)4.
4. In the 4th year that the property is taxable, 40%.
79.04(5)(a)5.
5. In the 5th year that the property is taxable, 20%.
79.04(5)(b)
(b) Beginning with the distributions in 2005, if property that was exempt from the property tax under
s. 70.112 (4) and that was used to generate power by a light, heat, or power company, except property under
s. 66.0813, unless the production plant is owned or operated by a local governmental unit located outside of the municipality, or by an electric cooperative, or by a municipal electric company under
s. 66.0825, is decommissioned, the county shall be paid, from the public utility account, an amount calculated by subtracting an amount equal to the property taxes paid for that property during the current year to the county for its general operations from the following percentages of the payment the county received under this section during the last year that the property was exempt from the property tax:
79.04(5)(b)1.
1. In the first year that the property is taxable, 100%.
79.04(5)(b)2.
2. In the 2nd year that the property is taxable, 80%.
79.04(5)(b)3.
3. In the 3rd year that the property is taxable, 60%.
79.04(5)(b)4.
4. In the 4th year that the property is taxable, 40%.
79.04(5)(b)5.
5. In the 5th year that the property is taxable, 20%.
79.04(6)(a)(a) Annually, beginning in 2005, for production plants that begin operation after December 31, 2003, or begin operation as a repowered production plant after December 31, 2003, except as provided in
sub. (4m), the department of administration, upon certification by the department of revenue, shall distribute payments from the public utility account, as determined under
par. (b), to each municipality and county in which a production plant is located, if the production plant has a name-plate capacity of at least one megawatt and is used by a light, heat, or power company assessed under
s. 76.28 (2) or
76.29 (2), except property described in
s. 66.0813, unless the production plant is owned or operated by a local governmental unit located outside of the municipality; by a qualified wholesale electric company, as defined in
s. 76.28 (1) (gm); by a wholesale merchant plant, as defined in
s. 196.491 (1) (w); by an electric cooperative assessed under
ss. 76.07 and
76.48, respectively; or by a municipal electric company under
s. 66.0825.
79.04(6)(b)
(b) Subject to
pars. (c) and
(d), each municipality entitled to a payment under
par. (a) and each county in which such a municipality is located shall receive a payment equal to a portion of an amount that is equal to the number of megawatts that represents the production plant's name-plate capacity, multiplied by $2,000.
79.04(6)(c)1.1. If the production plant is located in a city or village, the city or village receives a payment equal to two-thirds of the amount determined under
par. (b) and the county in which the city or village is located receives a payment equal to one-third of the amount determined under
par. (b). If the production plant is located in a town, the town receives a payment equal to one-third of the amount determined under
par. (b), and the county in which the town is located receives a payment equal to two-thirds of the amount determined under
par. (b). If a municipality is located in more than one county, the county in which the production plant is located shall receive the county portion of the payment.
79.04(6)(c)2.
2. For the purpose of determining the amount of the payment under
par. (b), if a production plant is located in more than one municipality, the payment amount under
par. (b) shall be divided among the municipalities in which the plant is located based on the net book value of that portion of the plant located in each municipality as of December 31, 2004, or as of the date on which the plant is operational, whichever is later.
79.04(6)(c)3.
3. For the purpose of determining the amount of the payment under
par. (b), if a production plant is located in more than one county, the payment amount under
par. (b) shall be divided among the counties in which the plant is located based on the net book value of that portion of the plant located in each county as of December 31, 2004, or as of the date on which the plant is operational, whichever is later.
79.04(6)(d)
(d) The total amount distributable to a municipality under this subsection and
sub. (1) in any fiscal year shall not exceed an amount equal to the municipality's population multiplied by $300, and the total amount distributable to a county under this subsection and
sub. (2) in any year shall not exceed an amount equal to the county's population multiplied by $100.
79.04(7)(a)(a) Beginning with payments in 2005, if a production plant, as described in
sub. (6) (a), other than a nuclear-powered production plant, is built on the site of, or on a site adjacent to, an existing or decommissioned production plant; or is built on a site purchased by a public utility before January 1, 1980, that was identified in an advance plan as a proposed site for a production plant; or is built on, or on a site adjacent to, brownfields, as defined in s.
238.13 (1) (a) or s.
560.13 (1) (a), 2009 stats., after December 31, 2003, and has a name-plate capacity of at least one megawatt, each municipality and county in which such a production plant is located shall receive annually from the public utility account a payment in an amount that is equal to the number of megawatts that represents the production plant's name-plate capacity, multiplied by $600.
79.04(7)(b)
(b) Beginning with payments in 2005, if a production plant, as described in
sub. (6) (a), that is a baseload electric generating facility is built after December 31, 2003, and has a name-plate capacity of at least 50 megawatts, each municipality and county in which such a production plant is located shall receive annually from the public utility account a payment in an amount that is equal to the number of megawatts that represents the production plant's name-plate capacity, multiplied by $600.
