LRB-5118/1
JK:kjf&emw
2021 - 2022 LEGISLATURE
November 12, 2021 - Introduced by Representatives Duchow, Neylon, Kitchens,
Cabral-Guevara and Subeck, cosponsored by Senators Cowles and Darling.
Referred to Committee on Ways and Means.
AB710,1,2
1An Act to create 77.54 (56) (c) of the statutes;
relating to: modifying the sales
2and use tax exemption for renewable energy property.
Analysis by the Legislative Reference Bureau
This bill expands the types of property that qualify for the sales and use tax
exemption provided under current law for products whose power source is wind,
solar radiation, or gas generated from the digestion of animal manure and other
agricultural waste. Currently, a rule promulgated by the Department of Revenue
defines “product” to exclude tangible personal property that consumes or is used to
store electricity or heat produced by a product that qualifies for the exemption, a
foundation for the product, and property necessary to convey, transfer, or alter
electricity or heat generated by the product.
Under the bill, the sales and use tax exemption applies to tangible personal
property that is used to store electricity or heat and has at least one kilowatt of
energy storage capacity, other than batteries for use in electric vehicles, and the
hardware required for installation of such property. The bill also repeals the section
of the DOR rule that defines “product” to exclude tangible personal property that is
used to store electricity or heat produced by a product that qualifies for the
exemption.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
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:
AB710,1
1Section
1. 77.54 (56) (c) of the statutes is created to read:
AB710,2,62
77.54
(56) (c) The sales price from the sale of and the storage, use, or other
3consumption of tangible personal property that is used to store electricity or heat and
4that has at least one kilowatt of energy storage capacity and the hardware required
5for installation of such property, except that this paragraph does not apply to
6batteries for use in electric vehicles.
AB710,2
7Section
2. Tax 11.10 (4) (d) of the administrative code is repealed.
AB710,3
8Section
3.
Effective date.
AB710,2,109
(1)
This act takes effect on the first day of the 3rd month beginning after
10publication.
