LRB-2934/2
JK:ahe
2015 - 2016 LEGISLATURE
November 9, 2015 - Introduced by Representatives Thiesfeldt, Kremer and
Ballweg, cosponsored by Senator Lasee. Referred to Committee on Energy
and Utilities.
AB490,1,4 1An Act to amend 79.04 (1) (a), 79.04 (2) (a), 79.04 (6) (a) and 79.04 (6) (c) 1.; and
2to create 79.04 (1) (d) and 79.04 (2) (c) of the statutes; relating to: utility aid
3payments to towns and counties for production plants that generate electricity
4from wind power.
Analysis by the Legislative Reference Bureau
Under this bill, if a production plant that generates electricity from wind power
is located in a town, the town receives a payment equal to 50 percent of the total
amount of the utility aid payment for that plant and the county in which the plant
is located receives a payment equal to 50 percent of the total amount of that utility
aid payment. This distribution method applies with regard to any such production
plant regardless of when the plant began operating.
Under current law, for power production plants that begin operation as a new
or repowered production plant after December 31, 2003, each county and
municipality in which such a plant is located receives a utility aid payment based on
the plant's megawatt capacity. The total amount of the payment for each production
plant is calculated by multiplying the plant's megawatt capacity by $2,000. If the
production plant is located in a city or village, the city or village receives a payment
equal to two-thirds of the total amount of the payment and the county in which the
plant is located receives a payment equal to one-third of the total amount of the
payment. If the production plant is located in a town, the town receives a payment
equal to one-third of the total amount and the county in which the plant is located
receives a payment equal to two-thirds of the total amount.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB490,1 1Section 1. 79.04 (1) (a) of the statutes is amended to read:
AB490,3,42 79.04 (1) (a) An Except as provided in par. (d), an amount from the public utility
3account determined by multiplying by 3 mills in the case of a town, and 6 mills in the
4case of a city or village, the first $125,000,000 of the amount shown in the account,
5plus leased property, of each public utility except qualified wholesale electric
6companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding year for
7"production plant, exclusive of land," "general structures," and "substations," in the
8case of light, heat and power companies, electric cooperatives or municipal electric
9companies, for all property within a municipality in accordance with the system of
10accounts established by the public service commission or rural electrification
11administration, less depreciation thereon as determined by the department of
12revenue and less the value of treatment plant and pollution abatement equipment,
13as defined under s. 70.11 (21), as determined by the department of revenue plus an
14amount from the public utility account determined by multiplying by 3 mills in the
15case of a town, and 6 mills in the case of a city or village, of the first $125,000,000 of
16the total original cost of production plant, general structures, and substations less
17depreciation, land and approved waste treatment facilities of each qualified
18wholesale electric company, as defined in s. 76.28 (1) (gm), as reported to the
19department of revenue of all property within the municipality. The total of amounts,
20as depreciated, from the accounts of all public utilities for the same production plant
21is also limited to not more than $125,000,000. The amount distributable to a

1municipality under this subsection and sub. (6) in any year shall not exceed $300
2times the population of the municipality, except that, beginning with payments in
32009, the amount distributable to a municipality under this subsection and sub. (6)
4in any year shall not exceed $425 times the population of the municipality.
AB490,2 5Section 2. 79.04 (1) (d) of the statutes is created to read:
AB490,3,126 79.04 (1) (d) With regard to a production plant that generates electricity from
7wind power and regardless of when the production plant began operating, the town
8where the plant is located receives a payment equal to 50 percent of the combined
9amount determined under par. (a) for the town and the county where the plant is
10located and the county where the plant is located receives a payment equal to 50
11percent of the combined amount determined under par. (a) for the town and the
12county.
AB490,3 13Section 3. 79.04 (2) (a) of the statutes is amended to read:
AB490,4,2214 79.04 (2) (a) Annually, except for production plants that begin operation after
15December 31, 2003, or begin operation as a repowered production plant after
16December 31, 2003, and except as provided in par. (c) and sub. (4m), the department
17of administration, upon certification by the department of revenue, shall distribute
18from the public utility account to any county having within its boundaries a
19production plant, general structure, or substation, used by a light, heat or power
20company assessed under s. 76.28 (2) or 76.29 (2), except property described in s.
2166.0813 unless the production plant or substation is owned or operated by a local
22governmental unit that is located outside of the municipality in which the production
23plant or substation is located, or by an electric cooperative assessed under ss. 76.07
24and 76.48, respectively, or by a municipal electric company under s. 66.0825 an
25amount determined by multiplying by 6 mills in the case of property in a town and

1by 3 mills in the case of property in a city or village the first $125,000,000 of the
2amount shown in the account, plus leased property, of each public utility except
3qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), on December
431 of the preceding year for "production plant, exclusive of land," "general
5structures," and "substations," in the case of light, heat and power companies,
6electric cooperatives or municipal electric companies, for all property within the
7municipality in accordance with the system of accounts established by the public
8service commission or rural electrification administration, less depreciation thereon
9as determined by the department of revenue and less the value of treatment plant
10and pollution abatement equipment, as defined under s. 70.11 (21), as determined
11by the department of revenue plus an amount from the public utility account
12determined by multiplying by 6 mills in the case of property in a town, and 3 mills
13in the case of property in a city or village, of the total original cost of production plant,
14general structures, and substations less depreciation, land and approved waste
15treatment facilities of each qualified wholesale electric company, as defined in s.
1676.28 (1) (gm), as reported to the department of revenue of all property within the
17municipality. The total of amounts, as depreciated, from the accounts of all public
18utilities for the same production plant is also limited to not more than $125,000,000.
19The amount distributable to a county under this subsection and sub. (6) in any year
20shall not exceed $100 times the population of the county, except that, beginning with
21payments in 2009, the amount distributable to a county under this subsection and
22sub. (6) in any year shall not exceed $125 times the population of the county.
AB490,4 23Section 4. 79.04 (2) (c) of the statutes is created to read:
AB490,5,524 79.04 (2) (c) With regard to a production plant that generates electricity from
25wind power and regardless of when the production plant began operating, the town

1where the plant is located receives a payment equal to 50 percent of the combined
2amount determined under par. (a) for the town and the county where the plant is
3located and the county where the plant is located receives a payment equal to 50
4percent of the combined amount determined under par. (a) for the town and the
5county.
AB490,5 6Section 5. 79.04 (6) (a) of the statutes is amended to read:
AB490,5,197 79.04 (6) (a) Annually, beginning in 2005, for production plants that begin
8operation after December 31, 2003, or begin operation as a repowered production
9plant after December 31, 2003, except as provided in par. (c) 1. and sub. (4m), the
10department of administration, upon certification by the department of revenue, shall
11distribute payments from the public utility account, as determined under par. (b), to
12each municipality and county in which a production plant is located, if the production
13plant has a name-plate capacity of at least one megawatt and is used by a light, heat,
14or power company assessed under s. 76.28 (2) or 76.29 (2), except property described
15in s. 66.0813, unless the production plant is owned or operated by a local
16governmental unit located outside of the municipality; by a qualified wholesale
17electric company, as defined in s. 76.28 (1) (gm); by a wholesale merchant plant, as
18defined in s. 196.491 (1) (w); by an electric cooperative assessed under ss. 76.07 and
1976.48, respectively; or by a municipal electric company under s. 66.0825.
AB490,6 20Section 6. 79.04 (6) (c) 1. of the statutes is amended to read:
AB490,6,921 79.04 (6) (c) 1. If the production plant is located in a city or village, the city or
22village receives a payment equal to two-thirds of the amount determined under par.
23(b) and the county in which the city or village is located receives a payment equal to
24one-third of the amount determined under par. (b). If the production plant is located
25in a town, the town receives a payment equal to one-third of the amount determined

1under par. (b), and the county in which the town is located receives a payment equal
2to two-thirds of the amount determined under par. (b), except that with regard to a
3production plant that generates electricity from wind power and regardless of when
4the production plant began operating, the town where the plant is located receives
5a payment equal to 50 percent of the amount determined under par. (b) and the
6county where the plant is located receives a payment equal to 50 percent of the
7amount determined under par. (b)
. If a municipality is located in more than one
8county, the county in which the production plant is located shall receive the county
9portion of the payment.
AB490,7 10Section 7. Initial applicability.
AB490,6,1111 (1) This act first applies to utility aid payments paid in 2016.
AB490,6,1212 (End)
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