Chapter 77

77.997(4m) (4m) “Person” includes local governmental units, as defined in s. 66.0442 (1) (d), the state of Wisconsin, and state agencies, as defined in s. 16.9565 (1) (d).

77.997(5) (5) “Residence” means a place where a person resides permanently or temporarily, except for a hotel, as defined in s. 97.01 (7).

Effective date note NOTE: This section is created eff. 1-1-25 by 2023 Wis. Act 121.

77.997 History History: 2023 a. 121.

77.9971 77.9971 Electric vehicle charging station registration.

77.9971(1) (1) Except as provided in sub. (2), no person may deliver or place, or offer to deliver or place, electricity from an electric vehicle charging station owned, operated, managed, or leased by the person into the battery or other energy storage device of an electric vehicle unless the person files with the department an application for a registration. Every application for a registration shall be made upon a form prescribed by the department and shall set forth the name under which the applicant intends to operate, the location of the applicant’s electric vehicle charging stations, and the other information that the department requires.

77.9971(2) (2) No registration under this section is required for an electric vehicle charging station located at a residence.

77.9971(3) (3) At the time that the department approves a registration under this section, the department shall notify the electric provider, as defined in s. 16.957 (1) (f), serving the area in which the electric vehicle charging station is located of the approved registration for the electric vehicle charging station.

Effective date note NOTE: This section is created eff. 1-1-25 by 2023 Wis. Act 121.

77.9971 History History: 2023 a. 121.

77.9972 77.9972 Electric vehicle charging tax.

77.9972(1) (1) 

77.9972(1)(a) (a) Except as provided in par. (b), a tax is imposed at the rate of 3 cents per kilowatt-hour on the electricity delivered or placed by a Level 3 charger of an electric vehicle charging station into the battery or other energy storage device of an electric vehicle.

77.9972(1)(am) (am)

77.9972(1)(am)1. 1. Except as provided in par. (b), a tax is imposed at the rate of 3 cents per kilowatt-hour on the electricity delivered or placed by a Level 1 charger, as defined in s. 16.9565 (1) (a), or a Level 2 charger, as defined in s. 16.9565 (1) (b), of an electric vehicle charging station into the battery or other energy storage device of an electric vehicle.

77.9972(1)(am)2. 2. The tax imposed under this paragraph applies only to a Level 1 charger, as defined in s. 16.9565 (1) (a), or a Level 2 charger, as defined in s. 16.9565 (1) (b), installed on or after March 22, 2024.

77.9972(1)(b) (b) No tax under this section applies to electricity delivered or placed by a Level 3 charger of an electric vehicle charging station located at a residence.

77.9972(1)(c) (c) The tax imposed under this section applies regardless of whether or not a person holding a registration under s. 77.9971 charges for the electricity delivered or placed by the person’s Level 3 charger at an electric vehicle charging station.

77.9972(2) (2) 

77.9972(2)(a) (a) The tax imposed under this section attaches at the time of the delivery or placement of electricity and shall be paid to the department by the person holding the registration under s. 77.9971 in the form and manner prescribed by the department.

77.9972(2)(b) (b) The tax imposed under this section is payable to the department and due by July 31 for the period beginning on January 1 and ending on June 30, and by January 31 for the period beginning on July 1 and ending on December 31.

77.9972(3) (3) Biannually, a person holding a registration under s. 77.9971 who owes tax under this section shall file a return in the form and manner prescribed by the department containing all of the following by July 31 for the period beginning on January 1 and ending on June 30 and by January 31 for the period beginning on July 1 and ending on December 31:

77.9972(3)(a) (a) The person’s name and registration identification number.

77.9972(3)(b) (b) The location of each of the person’s electric vehicle charging stations.

77.9972(3)(c) (c) The total number of kilowatt-hours of electricity delivered or placed by the Level 3 chargers of electric vehicle charging stations into the battery or other energy storage device of an electric vehicle at each location identified in par. (b).

77.9972(3)(d) (d) The total number of kilowatt-hours of electricity delivered or placed by the Level 1 chargers, as defined in s. 16.9565 (1) (a), and the Level 2 chargers, as defined in s. 16.9565 (1) (b), installed on or after March 22, 2024, of electric vehicle charging stations into the battery or other energy storage device of an electric vehicle at each location identified in par. (b).

Effective date note NOTE: This section is created eff. 1-1-25 by 2023 Wis. Act 121.

77.9972 History History: 2023 a. 121.

77.9973 77.9973 Administration.

77.9973(1) (1) A person holding a registration under s. 77.9971 who owes tax under s. 77.9972 shall maintain records indicating the total number of kilowatt-hours of electricity delivered or placed by each Level 3 charger and by each Level 1 charger, as defined in s. 16.9565 (1) (a), and Level 2 charger, as defined in s. 16.9565 (1) (b), installed on or after January 1, 2025, [March 22, 2024,] of the person during the periods described in s. 77.9972 (3), and shall provide those records to the department upon request.

77.9973 Note NOTE: The correct date is shown in brackets. Corrective legislation is pending.

77.9973(2) (2) Section 77.76 (1) and (2), as it applies to the taxes under subch. V, applies to the tax under this subchapter.

77.9973(3) (3) The department shall deposit all of the revenue that it collects under this subchapter in the transportation fund under s. 25.40.

Effective date note NOTE: This section is created eff. 1-1-25 by 2023 Wis. Act 121.

77.9973 History History: 2023 a. 121.