Chapter 16

16.045(1)(b)6. 6. Hydrogen.

16.045(1)(b)7. 7. Coal-derived liquid.

16.045(1)(b)8. 8. Electricity.

16.045(1)(b)8m. 8m. Solar energy.

16.045(1)(b)9. 9. Fuel derived from biological material.

16.045(1)(b)10. 10. Any other fuel except gasohol that the department of natural resources finds to be composed substantially of material other than petroleum, the use of which would yield substantial environmental benefits.

16.045(1)(c) (c) “Biodiesel fuel” means a fuel that is comprised of monoalkyl esters of long chain fatty acids derived from vegetable oils or animal fats, either in pure form or mixed in any combination with petroleum-based diesel fuel.

16.045(1)(cm) (cm) “Flex fuel vehicle” means a vehicle designed to operate on gasoline, a blend of a fuel marketed as gasoline and 85 percent ethanol or a higher percentage of ethanol, or a mixture of gasoline and that blend.

16.045(1)(d) (d) “Gasohol” means any motor fuel containing at least 10 percent alcohol the use of which the department of natural resources finds would improve air quality as compared to the use of gasoline or petroleum-based diesel fuel.

16.045(1)(e) (e) “Hybrid-electric vehicle” means a vehicle that has a chemically fueled internal combustion engine which is capable of operating on gasoline, one or more alternative fuels, or diesel fuel, or by means of a gas turbine, and is also equipped with an electric motor and an energy storage device.

16.045(2) (2) The department shall, whenever feasible and cost-effective, encourage agencies to store no motor fuel except gasohol or alternative fuel in facilities maintained by the agencies for the storage of fuel for and the refueling of state-owned or state-leased vehicles. This subsection does not authorize construction or operation of such facilities.

16.045(3) (3) The department shall, by the most economical means feasible, place a copy of the current list of gasohol and alternative fuel refueling facilities received from the department of agriculture, trade and consumer protection under s. 100.265 in each state-leased motor vehicle that is stored on state property for more than 7 days and in each state-owned motor vehicle. The department shall also make reasonable efforts to inform state officers and employees whose responsibilities make them likely to be using motor vehicles in connection with state business of the existence and contents of the list maintained under s. 100.265 and of any revisions thereto. The department may distribute the list or information relating to the list with salary payments or expense reimbursements to state officers and employees.

16.045(4) (4) The department shall, whenever feasible and cost-effective, encourage all state employees to utilize hybrid-electric vehicles or vehicles that operate on gasohol or alternative fuel for all state-owned or state-leased motor vehicles whenever such utilization is feasible. However, the department shall not lease or purchase any hybrid-electric vehicle, or authorize the lease or purchase of any hybrid-electric vehicle, unless the manufacturer certifies to the department that final assembly of the vehicle occurred in the United States.

16.045(4m) (4m) The department shall, whenever feasible and cost-effective, encourage all agencies to collectively reduce the usage of gasoline and diesel fuel in state-owned vehicles that is petroleum-based below the total amount that the agencies used in 2006 by at least the following percentages:

16.045(4m)(a) (a) For gasoline, 20 percent by 2015.

16.045(4m)(b) (b) For diesel fuel, 10 percent by 2015.

16.045(5) (5) The department shall, whenever feasible and cost-effective, encourage distribution of gasohol and alternative fuels and usage of hybrid-electric vehicles or vehicles that operate on gasohol or alternative fuels by officers and employees who use personal motor vehicles on state business and by residents of this state generally.

16.045 History History: 1993 a. 351; 1995 a. 27; 1997 a. 73; 2001 a. 16; 2003 a. 311; 2005 a. 74, 83, 335; 2007 a. 20, 97; 2009 a. 28, 401; 2011 a. 7, 10, 32, 229; 2013 a. 20, 165.

16.047 16.047 Volkswagen settlement funds.

16.047(1) (1) Definitions. In this section:

16.047(1)(a) (a) “Settlement funds” means moneys allocated to this state from the environmental mitigation trust specified in par. (d) and received by the state from the trustee.

16.047(1)(b) (b) “Settlement guidelines” means the eligible mitigation actions established under the partial consent decree specified in par. (d) and all other partial consent decrees entered in the federal court case specified in par. (d) under which this state receives settlement funds.

16.047(1)(c) (c) “State agency” has the meaning given in s. 20.001 (1).

16.047(1)(d) (d) “Trustee” means the trustee of the environmental mitigation trust required to be established under the partial consent decree entered on October 25, 2016, by the United States District Court for the Northern District of California, San Francisco Division, Case No: MDL No. 2672 CRB (JSC).

16.047(2) (2) Replacement of state vehicles.

16.047(2)(a) (a) From the appropriation under s. 20.855 (4) (h), the department may use settlement funds for the payment of all costs incurred in accordance with the settlement guidelines to replace vehicles in the state fleet.

16.047(2)(b) (b) Any use of settlement funds under par. (a) shall take precedence over any distribution under sub. (4m).

16.047(3) (3) State agency lapses. If the department replaces a state agency’s vehicle under sub. (2) (a), the secretary may calculate the general purpose revenue or program revenue savings for the state agency resulting from expenditures under s. 20.855 (4) (h) and may lapse to the general fund from the state agency’s general purpose revenue or program revenue appropriations the amount calculated.

16.047(4m) (4m) Transit capital assistance grants.

16.047(4m)(a) (a) In this subsection:

16.047(4m)(a)1. 1. “Eligible applicant” has the meaning given in s. 85.20 (1) (b).

16.047(4m)(a)2. 2. “Public transit vehicle” means any vehicle used for providing transportation service to the general public that is eligible for replacement under the settlement guidelines.

16.047(4m)(b) (b) The department shall establish a program to award grants of settlement funds from the appropriation under s. 20.855 (4) (h) to eligible applicants for the replacement of public transit vehicles. Any eligible applicant may apply for a grant under the program.

16.047(4m)(c) (c) The department shall award grants under this subsection on a competitive basis and shall give preference to the replacement of public transit vehicles in communities or on routes that the department determines are critical for the purpose of connecting employees with employers.

16.047(4m)(d) (d) An eligible applicant may use settlement funds awarded under this subsection only for the payment of costs incurred by the eligible applicant to replace public transit vehicles in accordance with the settlement guidelines.

16.047(4s) (4s) School bus replacement grants.

16.047(4s)(a) (a) In this subsection:

16.047(4s)(a)1. 1. “School board” has the meaning given in s. 115.001 (7).

16.047(4s)(a)2. 2. “School bus” has the meaning given in s. 121.51 (4).

16.047(4s)(b) (b) The department shall establish a program to award grants of settlement funds from the appropriation under s. 20.855 (4) (h) to school boards for the replacement of school buses owned and operated by the school boards with school buses that are energy efficient, including school buses that use alternative fuels. Any school board may apply for a grant under the program.

16.047(4s)(c) (c) As a condition of receiving a grant under this subsection, the school board shall provide matching funds equal to the amount of the grant award.

16.047(4s)(d) (d) A school board may use settlement funds awarded under this subsection only for the payment of costs incurred by the school board to replace school buses in accordance with the settlement guidelines.

16.047(5) (5) Sunset. This section does not apply after June 30, 2027.

16.047 History History: 2017 a. 59; 2019 a. 9; Bartlett v. Evers, 2020 WI 68, ¶¶ 4, 9, 393 Wis. 2d 172, 945 N.W.2d 685, 19-1376.

16.05 16.05 Interstate agreements. Each administrator, official or chairperson of the state delegation appointed to represent this state in the administration of any interstate agreement shall file with the law revision committee of the joint legislative council a copy of all minutes, reports, publications and other papers prepared in the administration of the agreement.

16.05 History History: 1983 a. 308; 1993 a. 52.

16.06 16.06 American Indian assistance. The department shall provide information and assistance to American Indians in this state with respect to problems or issues of concern to the American Indian community.

16.06 History History: 1989 a. 336.

16.088 16.088 Tribal grants. From the appropriation under s. 20.505 (1) (kt) the department shall do all of the following:

16.088(1) (1) Award grants to the Oneida Nation of Wisconsin to support the Healing to Wellness Court program at the Oneida Nation, in an amount up to $259,100 annually.

16.088(2) (2) Award grants to the Oneida Nation of Wisconsin to support coordination with the National Estuarine Research Reserve System, in an amount up to $110,100 annually.

16.088(3) (3) Award grants to the Oneida Nation of Wisconsin to support the Oneida Nation’s collaboration with the Audubon Society concerning Audubon Great Lakes restoration projects, in an amount up to $175,000 annually. Grants cannot be awarded under this subsection after June 30, 2028.

16.088 History History: 2023 a. 19.

16.09 16.09 Grant to a local professional baseball park district; short-term loans.

16.09(1) (1) Public purpose. The legislature finds and determines that baseball park facilities encourage economic development and tourism in this state, reduce unemployment in this state, preserve business activities within this state, generate additional tax revenues that would not exist without the baseball park facilities, and bring needed capital into this state for the benefit and welfare of people throughout the state. It is therefore in the public interest and serves a statewide public purpose, and it is the public policy of this state, to assist a local professional baseball park district created under subch. III of ch. 229 in the development, construction, improvement, repair, and maintenance of baseball park facilities.

16.09(2) (2) Definitions. In this section:

16.09(2)(a) (a) “Baseball park facilities” has the meaning given in s. 229.65 (1).

16.09(2)(b) (b) “District” has the meaning given in s. 229.65 (5).

16.09(2)(c) (c) “Gap payment” means payment of the amount specified in sub. (3) (a), which is intended to substantially equal the total estimated taxes imposed under ch. 71 in calendar years 2021, 2022, and 2023 on the payroll of the professional baseball team and of visiting professional baseball franchises using the professional baseball park facilities.

16.09(2)(d) (d) “Professional baseball team” has the meaning given in s. 229.65 (6m).

16.09(3) (3) Grant. Subject to sub. (4), the department shall award a grant to a district to assist in the development, construction, improvement, repair, and maintenance of baseball park facilities. The grant shall consist of the following:

16.09(3)(a) (a) The gap payment of $35,800,000 upon execution of the lease and nonrelocation agreements satisfying s. 229.6802.

16.09(3)(b) (b) The payment of $25,000,000 upon execution of the lease and nonrelocation agreements satisfying s. 229.6802. The district shall maintain the moneys paid under this paragraph in a separate account in the baseball park facilities improvement segregated fund established under s. 229.687 and may expend the moneys only for the purpose of winterizing the baseball park facilities.

16.09(3)(c) (c) Twenty consecutive annual payments beginning in 2024, subject to the following:

16.09(3)(c)1. 1. The initial payment in 2024 shall equal $13,400,000.

16.09(3)(c)2. 2. Except as provided in subd. 3., the amount of each subsequent annual payment shall increase from the initial payment at the rate of 4 percent per year compounded annually.

16.09(3)(c)3. 3. No annual payment may exceed $20,000,000, and beginning on July 1, 2041, no annual payment may exceed $10,000,000.

16.09(3)(c)4. 4. No annual payment may be made after expiration or termination of the lease specified in s. 229.6802 (1).

16.09(3)(c)5. 5. Beginning with the 20th annual payment and working backward, the annual payments scheduled to be made under this paragraph shall be reduced by an amount equal to the amount certified under s. 229.682 (12) (d).

16.09(3)(c)6. 6. The department shall notify the district when it determines that the current annual payment will be the final annual payment under this subsection.

16.09(4) (4) Contract requirements. The department may not award a grant under sub. (3) unless s. 229.6802 has been satisfied.

16.09(5) (5) Loans to a local professional baseball park district.

16.09(5)(a) (a) Upon a majority vote of all current members appointed to the board of a district and eligible to vote on the matter, the department shall issue loans to the district in the amount approved by the board no later than 10 days after receipt of the board’s request for the loan. The department may not issue more than a total of $35,000,000 in loans under this paragraph.

16.09(5)(am) (am) The district shall maintain all proceeds from loans issued under this subsection in a separate account in the baseball park facilities improvement segregated fund established under s. 229.687 and may expend the loan proceeds only for major capital repairs, retractable roof maintenance and repairs, and necessary improvements to the baseball park facilities.

16.09(5)(b) (b) Interest on each loan issued under par. (a) shall accrue monthly at a rate equal to the state investment fund earnings rate during the immediately preceding month, as certified by the secretary.

16.09(5)(c) (c) The district shall pay all interest accruing on each loan issued under par. (a) on a quarterly basis to the secretary for deposit in the general fund. The outstanding balance of each loan issued under par. (a) shall be paid no later than 15 years after the date of issuance or upon expiration or termination of the lease specified in s. 229.6802 (1), whichever is earlier.

16.09(5)(d) (d) At least quarterly, the department shall submit a report to the joint committee on finance specifying the outstanding principal and interest owed by the district on each loan issued under par. (a).

16.09(5)(e) (e) The department may not issue a loan under this subsection after December 31, 2045.

16.09 History History: 2023 a. 40.

16.10 16.10 Ratification of the midwest interstate low-level radioactive waste compact. The midwest interstate low-level radioactive waste compact contained in s. 16.11, by and between this state and any other state which ratifies or joins this compact, is ratified and approved.

16.10 History History: 1983 a. 393.

16.11 16.11 Midwest interstate low-level radioactive waste compact.

16.11(1) (1) Article I — Policy and Purpose.

16.11(1)(a) (a) There is created the midwest interstate low-level radioactive waste compact. The states party to this compact recognize that the congress of the United States, by enacting “The Low-Level Radioactive Waste Policy Act”, as amended by the “Low-Level Radioactive Waste Policy Amendments Act of 1985”, 42 USC 2021b to 2021j, has provided for and encouraged the development of low-level radioactive waste compacts as a tool for disposing of such waste. The party states acknowledge that the congress declared that each state is responsible for providing for the availability of capacity either within or outside the state for the disposal of low-level radioactive waste generated within its borders, except for waste generated as a result of certain defense activities of the federal government or federal research and development activities. The party states also recognize that the disposal of low-level radioactive waste is handled most efficiently on a regional basis and that the safe and efficient management of low-level radioactive waste generated within the region requires that sufficient capacity to dispose of such waste be properly provided. It is the policy of the party states to enter into a regional low-level radioactive waste disposal compact for the purpose of:

16.11(1)(a)1. 1. Providing the instrument and framework for a cooperative effort;

16.11(1)(a)2. 2. Providing sufficient facilities for the proper disposal of low-level radioactive waste generated in the region;

16.11(1)(a)3. 3. Protecting the health and safety of the citizens of the region;

16.11(1)(a)4. 4. Limiting the number of facilities required to effectively and efficiently dispose of low-level radioactive waste generated in the region;

16.11(1)(a)5. 5. Encouraging source reduction and the environmentally sound treatment of waste that is generated to minimize the amount of waste to be disposed of;