Wisconsin 2021-2022 Regular Session Status: To Executive 8 R cosponsors

AB 489 — Relating to: changing the phase-out of utility aid payments for decommissioned power plants. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

148 added · 75 removed

Plain-language change summary

The recent amendment to AB 489 extends the utility aid payments for decommissioned power plants from five years to ten years after they begin paying property taxes. Additionally, it refines the definition of what it means for a plant to be “decommissioned.” This change is important because it offers longer financial support to local governments affected by the closure of these plants, helping them to cope with potential revenue loss during the transition period.

→
Previous
Latest
- 2022 LEGISLATURE LRBs0404/1 JK:cjs ASSEMBLY SUBSTITUTE AMENDMENT 4, TO ASSEMBLY BILL 489 February 23, 2022 - Offered by Representative O LDENBURG .
- 2022 LEGISLATURE LRB-3742/1 JK:cjs&amn ASSEMBLY BILL 489 August 4, 2021 - Introduced by Representatives O LDENBURG, P LUMER , CABRAL-G UEVARA, C ONSIDINE, GUNDRUM , K RUG, R OZAR, SNYDER , SPIROS, TAUCHEN , ITTL, ANDER MEER and TUSLER, cosponsored by SenatorsALLWEG , COWLES , ETROWSKI , FAFFand W ANGGAARD.
A N A CT to amend 79.04 (5) (a) (intro.) and 79.04 (5) (b) (intro.);
Referred to Committee on Energy and Utilities.
and to create 79.005 (1h) and 79.04 (8) of the statutes;
A N A CT to renumber 79.04 (5) (a) 1.
to 5.
and 79.04 (5) (b) 1.
to 5.;
to amend 66.0602 (3) (n) 1., 66.0602 (3) (n) 2., 79.04 (5) (a) (intro) and 79.04 (5) (b) (intro);
and to create 79.005 (1h), 79.04 (5) (a) 1m.
(intro.), 79.04 (5) (a) 2m., 79.04 (5) (b) 1m.
(intro.), 79.04 (5) (b) 2m.
and 79.04 (8) of the statutes;
Analysis by the Legislative Reference Bureau Under current law, if a power production plant that is exempt from property taxes is decommissioned or closed, and therefore becomes taxable, the county and municipality where the plant is located each receive a utility aid payment for the first five years in which the plant is subject to the property tax, in an amount equal to a percentage of the utility aid payment received for the last year in which the plant was exempt.
Analysis by the Legislative Reference Bureau This bill provides that if a power production plant that is exempt from property taxes is decommissioned, and therefore becomes taxable, the county and municipality where the plant is located will receive a utility aid payment for the first years in which the plant is subject to the property tax in an amount equal to a percentage of the utility aid payment that the county or municipality received for the last year in which the plant was exempt.
Under the bill, these post-exemption utility aid payments are made only for a production plant that is decommissioned.
or 2) the production plant is transferred to a person who is not subject to the annual license fees imposed by the state.
or 2) the production plant is sold to a person who is not subject to the annual license fees imposed by the state.
The bill also provides that, with regard to a power production plant that has multiple power generation units, the utility aid payment received by a county or municipality will not be reduced on the basis that one or more, but not all, of the power generation units permanently ceased generating electricity, and the amount of the payment will be the same as the payment received in the year before the year LRBs0404/1 - 2022 Legislature - 2 - JK:cjs the first power generation unit permanently ceased generating electricity.
Under current law, the county and municipality where a decommissioned or closed plant is located each receive a utility aid payment for the first five years in which the plant is subject to the property tax in an amount equal to a percentage of the utility aid payment received for the last year in which the plant was exempt.
In addition, the phase out of utility aid payments under the bill does not begin until the production plant is decommissioned, and the amounts of the phase-out payments are determined on the basis of the amount of the payment received in the year before the year the first power generation unit permanently ceased generating electricity.
- 2022 Legislature - 2 - LRB-3742/1 JK:cjs&amn ASSEMBLY BILL 489 The bill also provides that, with regard to a power production plant that has multiple power generation units, the utility aid payment received by a county or municipality will not be reduced on the basis that one or more, but not all, of the power generation units are no longer generating electricity, and the amount of the payment will be the same as the payment received in the year before the year the first power generation unit stopped generating electricity.
In addition, the 10-year phase out of utility aid payments under the bill does not begin until the production plant is decommissioned, and the amounts of the phase-out payments are determined on the basis of the amount of the payment received in the year before the year the first power generation unit stopped generating electricity.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
S ECTION 1.
SECTION 1.
66.0602 (3) (n) 1.
of the statutes is amended to read:
66.0602 (3) (n) 1.
For a political subdivision that receives a payment under s.
79.04 (5) (a) or (b), the limit otherwise applicable under this section is increased by the amount that the political subdivision levies in that year to replace a revenue reduction incurred under s.
79.04 (5) (a) or (b).
Subject to subd.
2., the amount levied under this paragraph for a particular property may not exceed the amount paid to the political subdivision under s.
79.04 (5) (a) 1.
or stats., s.
79.04 (5) (b) 1., 2019 stats., or s.
79.04 (5) (a) 1m.
a.
or 2m.
a.
or (b) 1m.
a.
or 2m.
a., less the amount to be paid to the political subdivision under s.
79.04 (5) (a) or (b) in the year in which the levy is imposed and less any amounts previously levied under this paragraph.
A revenue reduction is incurred under this paragraph when the amount received by a political subdivision under s.
Show all 156 changed rows (116 more)
Previous
Latest
79.04 (5) (a) or (b) in the current year is less than the amount received under s.
79.04 (5) (a) or (b) in the previous year.
SECTION 2.
66.0602 (3) (n) 2.
of the statutes is amended to read:
LRB-3742/1 - 2022 Legislature - 3 - JK:cjs&amn SECTION 2 ASSEMBLY BILL 489 66.0602 (3) (n) 2.
This paragraph applies to revenue reductions for which a payment under s.
79.04 (5) (a) or (b) is made after November 23, 2019.
If the first payment made under s.
79.04 (5) (a) or (b) after November 23, 2019, is under s.
79.04 (5) (a) 2.
to, 2019 stats., s.
79.04 (5) (b) 2.
to 5., 2019 stats., or s.
79.04 (5) (a) 1m.
b.
to e.
or 2m.
b.
to j.
or (b) 1m.
b.
to e.
2m.
b.
to j., the amount of the payment made under s.
79.04 (5) (a) or (b) in the previous year shall be used in determining the maximum amount of revenue reduction incurred.
SECTION 3.
(a) The production plant is no longer recovered through the utility's or cooperative's rates or, for a production plant owned by a qualified wholesale electric company, as defined in s.
(a) The production plant is no longer recovered through the utility's rates.
76.28 (1) (gm), the production plant permanently ceases generating electricity.
(b) The production plant is sold to a person who is not subject to the annual license fee imposed under s.
(b) The production plant is transferred to a person who is not subject to the annual license fee imposed under s.
S ECTION 2.
SECTION 4.
79.04 (5) (a) (intro.) of the statutes is amended to read:
79.04 (5) (a) (intro) of the statutes is amended to read:
LRBs0404/1 - 2022 Legislature - 3 - JK:cjs SECTION 3 SECTION 3.
SECTION 5.
79.04 (5) (b) (intro.) of the statutes is amended to read:
79.04 (5) (a) 1.
to 5.
of the statutes are renumbered 79.04 (5) (a) 1m.
a.
to e.
- 2022 Legislature - 4 - LRB-3742/1 JK:cjs&amn ASSEMBLY BILL 489 SECTION 6 SECTION 6.
79.04 (5) (a) 1m.
(intro.) of the statutes is created to read:
79.04 (5) (a) 1m.
(intro.) For property decommissioned before January 1, 2021:
SECTION 7.
79.04 (5) (a) 2m.
of the statutes is created to read:
79.04 (5) (a) 2m.
For property decommissioned after December 31, 2020:
a.
In the first year that the property is taxable, 100 percent.
b.
In the 2nd year that the property is taxable, 90 percent.
c.
In the 3rd year that the property is taxable, 80 percent.
d.
In the 4th year that the property is taxable, 70 percent.
e.
In the 5th year that the property is taxable, 60 percent.
f.
In the 6th year that the property is taxable, 50 percent.
g.
In the 7th year that the property is taxable, 40 percent.
h.
In the 8th year that the property is taxable, 30 percent.
i.
In the 9th year that the property is taxable, 20 percent.
j.
In the 10th year that the property is taxable, 10 percent.
SECTION 8.
79.04 (5) (b) (intro) of the statutes is amended to read:
66.0825, is decommissioned or clos, the county shall be paid, from the public utility account, an amount equal to 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:
66.0825, is decommissioned or closed, the county shall be paid, from the public utility account, an amount equal to 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:
SECTION 4.
SECTION 9.
79.04 (5) (b) 1.
to 5.
of the statutes are renumbered 79.04 (5) (b) 1m.
a.
to e.
LRB-3742/1 - 2022 Legislature - 5 - JK:cjs&amn S ECTION 10 ASSEMBLY BILL 489 SECTION 10.
79.04 (5) (b) 1m.
(intro.) of the statutes is created to read:
79.04 (5) (b) 1m.
(intro.) For property decommissioned before January 1, 2021:
SECTION 11.
79.04 (5) (b) 2m.
of the statutes is created to read:
79.04 (5) (b) 2m.
For property decommissioned after December 31, 2020:
a.
In the first year that the property is taxable, 100 percent.
b.
In the 2nd year that the property is taxable, 90 percent.
c.
In the 3rd year that the property is taxable, 80 percent.
d.
In the 4th year that the property is taxable, 70 percent.
e.
In the 5th year that the property is taxable, 60 percent.
f.
In the 6th year that the property is taxable, 50 percent.
g.
In the 7th year that the property is taxable, 40 percent.
h.
In the 8th year that the property is taxable, 30 percent.
i.
In the 9th year that the property is taxable, 20 percent.
j.
In the 10th year that the property is taxable, 10 percent.
SECTION 12.
79.04(8) All of the following apply to the payments for property of a production plant that includes multiple power generation units, except that this subsection applies only if the production plant's first power generation unit permanently ceases generating electricity after the effective date of this subsection ....
79.04(8) All of the following apply to the payments for property of a production plant that includes multiple power generation units, except that this subsection applies only if the production plant's first power generation unit stops generating electricity after the effective date of this subsection ....
(1), (2), (6), or (7) shall be reduced on the basis that one or more, but not all, of the power generation units permanently cease generating electricity, and the amount of the payment shall be the amount that the municipality or county received in the year before the year in which the first power generation unit permanently ceased generating electricity.
(1), (2), (6), or (7) shall be reduced on the basis that one or more, but not all, of the power generation units are no longer generating electricity, and the amount of the payment shall be the amount that the municipality or county received in the year before the year in which the first power generation unit stopped generating electricity.
(b) The payments under sub.
- 2022 Legislature - 6 - LRB-3742/1 JK:cjs&amn ASSEMBLY BILL 489 SECTION 12 (b) The payments under sub.
(5) (a) or (b) shall not be made until the production plant is decommissioned, and then the payments shall be determined on the basis of the amount of the payment received by the municipality or county under sub.
(5) (a) 2m.
(1), (2), (6), or (7) in the year before the year in which the first power generation unit permanently ceased generating electricity.
or (b) 2m.
shall not be made until the production plant is decommissioned, and then the payments shall be determined on the basis of the amount of the payment received by the municipality or county under sub.
(1), (2), (6), or (7) in the year before the year in which the first power generation unit stopped generating electricity.
⬇ Download PDF
View plain text versions (2)

Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Available for scheduling

  3. Read first time and referred to committee on Senate Organization

  4. Received from Assembly

  5. Ordered immediately messaged

  6. Read a third time and passed

  7. Rules suspended

  8. Ordered to a third reading

  9. Assembly Substitute Amendment 4 adopted

  10. Assembly Substitute Amendment 4 offered by Representative Oldenburg

  11. Read a second time

  12. Made a special order of business at 8:14 AM on 2-23-2022 pursuant to Assembly Resolution 29

  13. Referred to committee on Rules

  14. Report passage as amended recommended by Committee on Energy and Utilities, Ayes 13, Noes 2

  15. Report Assembly Substitute Amendment 3 adoption recommended by Committee on Energy and Utilities, Ayes 13, Noes 2

  16. Executive action taken

  17. Assembly Substitute Amendment 3 offered by Representative Oldenburg

  18. Assembly Substitute Amendment 2 offered by Representative Oldenburg

  19. Public hearing held

  20. Assembly Substitute Amendment 1 offered by Representative Oldenburg

  21. Representative Conley added as a coauthor

  22. Representative Spreitzer added as a coauthor

  23. Assembly Amendment 1 offered by Representative Oldenburg

  24. Fiscal estimate received

  25. Read first time and referred to Committee on Energy and Utilities

  26. Introduced by Representatives Oldenburg, Plumer, Cabral-Guevara, Considine, Gundrum, Krug, Rozar, Snyder, Spiros, Tauchen, Tittl, VanderMeer and Tusler; cosponsored by Senators Ballweg, Cowles, Petrowski, Pfaff and Wanggaard

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

13 sponsors · 0 co-sponsors · 119 not signed on

Sponsors (13)

Co-sponsors (0)

None.

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 489?
AB 489 is sponsored by Tusler, Ron (Republican), VanderMeer, Nancy (Republican), Tittl, Paul (Republican), Tauchen, Spiros, John (Republican), Snyder, Patrick (Republican), Rozar, Krug, Scott (Republican), Gundrum, Rick (Republican), Considine, Cabral-Guevara, Rachael (Republican), Plumer, and Oldenburg.
What is the current status of AB 489?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 489?
Track AB 489 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 489

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 489

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →