AB389-ASA1,10,9 6(3) Contracts. (a) The division of housing shall, on the basis of competitive
7bids, contract with community action agencies described in s. 46.30 (2) (a) 1.,
8nonstock, nonprofit corporations organized under ch. 181 or local units of
9government to provide services under the programs established under sub. (2) (a).
AB389-ASA1,10,1510 (b) The department shall, on the basis of competitive bids, contract with one
11or more nonstock, nonprofit corporations organized under ch. 181 to administer the
12programs established under sub. (2) (b) 1., including soliciting proposals, processing
13grant applications, selecting, based on criteria specified in rules promulgated under
14sub. (2) (c) 2m., proposals for the department to make awards and distributing grants
15to recipients.
AB389-ASA1,10,2016 (c) In selecting proposals and awarding grants under sub. (2) (b), the
17department or a nonprofit corporation specified in par. (b) may not discriminate
18against an electric provider or its affiliate or a wholesale electric supplier or its
19affiliate solely on the basis of its status as an electric provider, wholesale electric
20supplier or affiliate.
AB389-ASA1,10,25 21(4) Electric utilities. (a) Requirement to charge public benefits fees. Each
22electric utility, except for a municipal utility, shall charge each customer a public
23benefits fee in an amount established in rules promulgated by the department under
24par. (b). An electric utility, except for a municipal utility, shall collect and pay the fees
25to the department in accordance with the rules promulgated under par. (b).
AB389-ASA1,11,4
1(am) Electric bills. An electric utility shall include a public benefits fee in a
2customer's bill and shall provide the customer with an annual statement that
3identifies the annual charges for public benefits fees and describes the programs for
4which fees are used.
AB389-ASA1,11,85 (b) Rules. In consultation with the council, the department shall promulgate
6rules that establish the amount of a public benefits fee under par. (a). Fees
7established in rules under this paragraph may vary by class of customer, but shall
8be uniform within each class, and shall satisfy each of the following:
AB389-ASA1,11,109 1. The fees may not be based on the kilowatt-hour consumption of electricity
10by customers.
AB389-ASA1,11,1311 2. Seventy percent of the total amount of fees charged by an electric provider
12may be charged to residential customers and 30% of the total may be charged to
13nonresidential customers.
AB389-ASA1,11,1514 3. The fees shall allow an electric provider to recover the reasonable and
15prudent expenses incurred by the electric provider in complying with this section.
AB389-ASA1,11,1716 (c) Amount of public benefits fees. A fee established in rules promulgated under
17par. (b) shall satisfy each of the following:
AB389-ASA1,11,2418 1. `Low-income funding.' In fiscal year 1999-2000, a portion of the public
19benefits fee shall be an amount that, when added to 50% of the estimated public
20benefits fees charged by municipal utilities and retail electric cooperatives under
21sub. (5) (a) for that fiscal year, shall equal $27,000,000. In each fiscal year after fiscal
22year 1999-2000, a portion of the public benefits fee shall be an amount that, when
23added to the sum of the following shall equal the low-income need target for that
24fiscal year determined by the department under sub. (2) (d) 1.:
AB389-ASA1,12,2
1a. Fifty percent of the estimated public benefits fees charged by municipal
2utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year.
AB389-ASA1,12,43b. All moneys received under 42 USC 6861 to 6873 and 42 USC 8621 to 8629
4for that fiscal year.
AB389-ASA1,12,65 c. The total amount spent on programs or contributed to the commission by
6utilities under s. 196.374 (3) for that fiscal year.
AB389-ASA1,12,147 2. `Energy conservation and efficiency and renewable resource funding.' For
8fiscal year 1999-2000, a portion of the public benefits fee shall be in an amount that,
9when added to 50% of the estimated public benefits fees charged by municipal
10utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year, shall
11equal $20,000,000. In each fiscal year after fiscal year 1999-2000, a portion of the
12public benefits fee shall be the amount determined under this subdivision for fiscal
13year 1999-2000, except that if the department determines to reduce or discontinue
14a program under sub. (2) (b) 2., the department shall reduce the amount accordingly.
AB389-ASA1,12,2015 3. `Limitation on electric bill increases.' For the period beginning on the
16effective date of this subdivision .... [revisor inserts date], and ending on June 30,
172008, the total increase in a customer's electric bills that is based on the requirement
18to pay public benefits fees, including any increase resulting from an electric utility's
19compliance with this section, may not exceed 3% of the total of every other charge for
20which the customer is billed for that period or $750 per month, whichever is less.
AB389-ASA1,13,3 21(5) Municipal utilities and retail electric cooperatives. (a) Requirement to
22charge public benefits fees.
Each retail electric cooperative and municipal utility
23shall charge a monthly public benefits fee to each customer or member in amount
24that is sufficient for the retail electric cooperative or municipal utility to collect an
25annual average of $17 per meter. A retail electric cooperative or municipal utility

1may determine the amount that a particular class of customers or members is
2required to pay under this paragraph and may charge different fees to different
3classes of customers or members.
AB389-ASA1,13,104 (am) Public benefits fee restriction. Notwithstanding par. (a), for the period
5beginning on the effective date of this paragraph .... [revisor inserts date], and ending
6on June 30, 2008, the total increase in a customer's or member's electric bills that is
7based on the requirement to pay public benefits fees, including any increase
8resulting from a retail electric cooperative's or municipal utility's compliance with
9this section, may not exceed 3% of the total of every other charge for which the
10member or customer is billed for that period or $750 per month, whichever is less.
AB389-ASA1,13,1511 (b) Election to contribute to department programs. 1. No later than the first
12day of the 12th month beginning after the effective date of this subdivision ....
13[revisor inserts date], each municipal utility or retail electric cooperative shall notify
14the department whether it has elected to contribute to the programs established
15under sub. (2) (a) or (b) 1. for a 3-year period.
AB389-ASA1,13,1916 2. No later than every 3rd year after the date specified in subd. 1., each
17municipal utility or retail electric cooperative shall notify the department whether
18it has elected to contribute to the programs established under sub. (2) (a) or (b) 1. for
19a 3-year period.
AB389-ASA1,13,2420 (c) Full contribution. If a municipal utility or retail electric cooperative elects
21under par. (b) 1. or 2. to contribute to the programs established both under sub. (2)
22(a) and under sub. (2) (b) 1., it shall pay 100% of the public benefits fees that it charges
23under par. (a) to the department in each fiscal year of the 3-year period for which it
24has made the election.
AB389-ASA1,14,3
1(d) Partial contributions and commitment to community spending. A
2municipal utility or retail electric cooperative not specified in par. (c) shall do one of
3the following:
AB389-ASA1,14,74 1. If the municipal utility or retail electric cooperative elects to contribute only
5to the programs established under sub. (2) (a), the municipal utility or retail electric
6cooperative shall, in each fiscal year of the 3-year period for which it elects to
7contribute under par. (b) 1. or 2., do all of the following:
AB389-ASA1,14,98 a. Pay no less than 50% of the public benefits fees that it charges under par.
9(a) to the department.
AB389-ASA1,14,1110 b. Spend no less than 50% of the public benefits fees that it charges under par.
11(a) on energy conservation programs.
AB389-ASA1,14,1512 2. If the municipal utility or retail electric cooperative elects to contribute only
13to the programs established under sub. (2) (b) 1., the municipal utility or retail
14electric cooperative shall, in each fiscal year of the 3-year period for which it elects
15to contribute under par. (b) 1. or 2., do all of the following:
AB389-ASA1,14,1716 a. Pay 50% of the public benefits fees that it charges under par. (a) to the
17department.
AB389-ASA1,14,1918 b. Spend no less than 50% of the public benefits fees that it charges under par.
19(a) on programs for low-income assistance.
AB389-ASA1,14,2320 3. If the municipal utility or retail electric cooperative elects not to contribute
21to any of the programs established under sub. (2) (a) or (b) 1., the municipal utility
22or retail electric cooperative shall, in each fiscal year of the 3-year period for which
23it elects not to contribute under par. (b) 1. or 2., do all of the following:
AB389-ASA1,14,2524 a. Spend no less than 50% of the public benefits fees that it charges under par.
25(a) on programs for low-income assistance.
AB389-ASA1,15,2
1b. Spend no less than 50% of the public benefits fees that it charges under par.
2(a) on energy conservation programs.
AB389-ASA1,15,63 (e) Wholesale supplier credit. If a wholesale supplier has established a program
4for low-income assistance or an energy conservation program, a municipal utility or
5retail electric cooperative that is a customer or member of the wholesale supplier
6may do any of the following:
AB389-ASA1,15,117 1. Include an amount equal to the product of the municipal utility's or retail
8electric cooperative's wholesale supply percentage and the amount that the
9wholesale supplier has spent on low-income assistance in a fiscal year in calculating
10the amount that the municipal utility or retail electric cooperative has spent on
11low-income assistance in that fiscal year under par. (d) 2. b. or 3. a.
AB389-ASA1,15,1712 2. Include an amount equal to the product of the municipal utility's or retail
13electric cooperative's wholesale supply percentage and the amount that the
14wholesale supplier has spent on energy conservation programs or customer
15applications of renewable resources in a fiscal year in calculating the amount that
16the municipal utility or retail electric cooperative has spent on energy conservation
17programs under par. (d) 1. b. or 3. b.
AB389-ASA1,15,2118 (f) Joint programs. Municipal utilities or retail electric cooperatives may
19establish joint commitment to community programs, except that each municipal
20utility or retail electric cooperative that participates in a joint program is required
21to comply with the spending requirements under par. (d).
AB389-ASA1,15,2522 (g) Reports. 1. For each fiscal year, each municipal utility and retail electric
23cooperative that does not pay 100% of the public benefits fee that it charges under
24par. (a) to the department under par. (c) shall file a report with the department that
25describes each of the following:
AB389-ASA1,16,4
1a. An accounting of public benefits fees charged to customers or members under
2par. (a) in the fiscal year and expenditures on commitment to community programs
3under par. (d), including any amounts included in the municipal utility's or retail
4electric cooperative's calculations under par. (e).
AB389-ASA1,16,65 b. A description of commitment to community programs established by the
6municipal utility or retail electric cooperative in the fiscal year.
AB389-ASA1,16,87 2. The department shall maintain reports filed under subd. 1. for at least 6
8years.
AB389-ASA1, s. 5 9Section 5. 16.969 of the statutes is created to read:
AB389-ASA1,16,11 1016.969 Fees for certain high-voltage transmission lines. (1) In this
11section:
AB389-ASA1,16,1212 (a) "Commission" means the public service commission.
AB389-ASA1,16,1513 (b) "High-voltage transmission line" means a high-voltage transmission line,
14as defined in s. 196.491 (1) (f), that is designed for operation at a nominal voltage of
15345 kilovolts or more.
AB389-ASA1,16,18 16(2) The department shall promulgate rules that require a person who is issued
17a certificate of public convenience and necessity by the commission under s. 196.491
18(3) for a high-voltage transmission line to pay the department the following fees:
AB389-ASA1,16,2119 (a) An annual impact fee in an amount equal to 0.3% of the cost of the
20high-voltage transmission line, as determined by the commission under s. 196.491
21(3) (gm).
AB389-ASA1,16,2422 (b) A one-time environmental impact fee in amount equal to 5% of the cost of
23the high-voltage transmission line, as determined by the commission under s.
24196.491 (3) (gm).
AB389-ASA1,17,5
1(3) (a) The department shall distribute the fees that are paid by a person under
2the rules promulgated under sub. (2) (a) to each town, village and city that is
3identified by the commission under s. 196.491 (3) (gm) in proportion to the amount
4of investment that is allocated by the commission under s. 196.491 (3) (gm) to each
5such town, village and city.
AB389-ASA1,17,76 (b) The fee that is paid by a person under the rules promulgated under sub. (2)
7(b) shall be distributed as follows:
AB389-ASA1,17,108 1. The department shall pay 50% of the fee to each county that is identified by
9the commission under s. 196.491 (3) (gm) in proportion to the amount of investment
10that is allocated by the commission under s. 196.491 (3) (gm) to each such county.
AB389-ASA1,17,1411 2. The department shall pay 50% of the fee to each town, village and city that
12is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount
13of investment that is allocated by the commission under s. 196.491 (3) (gm) to each
14such town, village and city.
AB389-ASA1,17,17 15(4) A county, town, village or city that receives a distribution under sub. (3) (b)
16may use the distribution only for park, conservancy, wetland or other similar
17environmental programs.
AB389-ASA1, s. 6 18Section 6. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
19the following amounts for the purposes indicated: - See PDF for table PDF
AB389-ASA1, s. 7 20Section 7. 20.505 (1) (ge) of the statutes is created to read:
AB389-ASA1,18,3
120.505 (1) (ge) High-voltage transmission line annual impact fee distributions.
2All moneys received from the payment of fees under the rules promulgated under s.
316.969 (2) (a) for distributions to to towns, villages and cities under s. 16.969 (3) (a).
AB389-ASA1, s. 8 4Section 8. 20.505 (1) (gs) of the statutes is created to read:
AB389-ASA1,18,85 20.505 (1) (gs) High-voltage transmission line environmental impact fee
6distributions.
All moneys received from the payment of fees under the rules
7promulgated under s. 16.969 (2) (b) for distributions to counties, towns, villages and
8cities under s. 16.969 (3) (b).
AB389-ASA1, s. 9 9Section 9. 20.505 (10) of the statutes is created to read:
AB389-ASA1,18,1210 20.505 (10) Utility public benefits. (q) General program operations. From
11the utility public benefits fund, the amounts in the schedule for general program
12operations.
AB389-ASA1,18,1413 (r) Low-income assistance grants. From the utility public benefits fund, a sum
14sufficient for low-income assistance grants under s. 16.957 (2) (a).
AB389-ASA1,18,1715 (s) Energy conservation and efficiency and renewable resource grants. From the
16utility public benefits fund, a sum sufficient for energy conservation and efficiency
17and renewable resource grants under s. 16.957 (2) (b) 1.
AB389-ASA1, s. 10 18Section 10. 25.17 (1) (xm) of the statutes is created to read:
AB389-ASA1,18,1919 25.17 (1) (xm) Utility public benefits fund (s. 25.96);
AB389-ASA1, s. 11 20Section 11. 25.96 of the statutes is created to read:
AB389-ASA1,18,25 2125.96 Utility public benefits fund. There is established a separate
22nonlapsible trust fund designated as the utility public benefits fund, consisting of
23deposits by the public service commission under s. 196.374 (3), public benefits fees
24received under s. 16.957 (4) (a) and (5) (c) and (d) and contributions received under
25s. 16.957 (2) (c) 4. and (d) 2.
AB389-ASA1, s. 12
1Section 12. 76.28 (1) (d) of the statutes is amended to read:
AB389-ASA1,19,252 76.28 (1) (d) "Gross revenues" for a light, heat and power company other than
3a qualified wholesale electric company or a transmission company means total
4operating revenues as reported to the public service commission except revenues for
5interdepartmental sales and for interdepartmental rents as reported to the public
6service commission and deductions from the sales and use tax under s. 77.61 (4),
7except that the company may subtract from revenues either the actual cost of power
8purchased for resale, as reported to the public service commission, by a light, heat
9and power company, except a municipal light, heat and power company, that
10purchases under federal or state approved wholesale rates more than 50% of its
11electric power from a person other than an affiliated interest, as defined in s. 196.52
12(1), if the revenue from that purchased electric power is included in the seller's gross
13revenues or the following percentages of the actual cost of power purchased for
14resale, as reported to the public service commission, by a light, heat and power
15company, except a municipal light, heat and power company that purchases more
16than 90% of its power and that has less than $50,000,000 of gross revenues: 10% for
17the fee assessed on May 1, 1988, 30% for the fee assessed on May 1, 1989, and 50%
18for the fee assessed on May 1, 1990, and thereafter. For a qualified wholesale electric
19company, "gross revenues" means total business revenues from those businesses
20included under par. (e) 1. to 4. For a transmission company, "gross revenues" means
21total operating revenues as reported to the public service commission, except
22revenues for transmission service that is provided to a public utility that is subject
23to the license fee under sub. (2) (d), to a public utility, as defined in s. 196.01 (5), or
24to a cooperative association organized under ch. 185 for the purpose of providing
25electricity to its members only.
AB389-ASA1, s. 13
1Section 13. 76.28 (1) (e) (intro.) of the statutes is amended to read:
AB389-ASA1,20,102 76.28 (1) (e) (intro.) "Light, heat and power companies" means any person,
3association, company or corporation, including corporations described in s. 66.069 (2)
4and including, qualified wholesale electric companies and transmission companies
5and except only business enterprises carried on exclusively either for the private use
6of the person, association, company or corporation engaged in them, or for the private
7use of a person, association, company or corporation owning a majority of all
8outstanding capital stock or who control the operation of business enterprises and
9except electric cooperatives taxed under s. 76.48 that engage in any of the following
10businesses:
AB389-ASA1, s. 14 11Section 14. 76.28 (1) (e) 5. of the statutes is created to read:
AB389-ASA1,20,1212 76.28 (1) (e) 5. Transmitting electric current for light, heat or power.
AB389-ASA1, s. 15 13Section 15. 76.28 (1) (j) of the statutes is created to read:
AB389-ASA1,20,1514 76.28 (1) (j) "Transmission company" has the meaning given in s. 196.485 (1)
15(ge).
AB389-ASA1, s. 16 16Section 16. 76.28 (2) (c) (intro.) of the statutes is amended to read:
AB389-ASA1,20,1917 76.28 (2) (c) (intro.) For Except as provided under par. (e), for private light, heat
18and power companies for 1986 and thereafter, an amount equal to the apportionment
19factor multiplied by the sum of:
AB389-ASA1, s. 17 20Section 17. 76.28 (2) (d) of the statutes is amended to read:
AB389-ASA1,20,2421 76.28 (2) (d) For Except as provided under par. (e), for municipal light, heat and
22power companies, an amount equal to the gross revenues, except gross revenues from
23operations within the municipality that operates the company, multiplied by the
24rates under par. (b) or (c).
AB389-ASA1, s. 18 25Section 18. 76.28 (2) (e) of the statutes is created to read:
AB389-ASA1,21,2
176.28 (2) (e) For transmission companies, an amount equal to the gross
2revenues multiplied by the rates under par. (c).
AB389-ASA1, s. 19 3Section 19. 196.025 of the statutes is renumbered 196.025 (1).
AB389-ASA1, s. 20 4Section 20. 196.025 (2) of the statutes is created to read:
AB389-ASA1,21,85 196.025 (2) The commission shall promulgate rules establishing requirements
6and procedures for the commission to carry out the duties under s. 1.11. Rules
7promulgated under this subsection shall include requirements and procedures for
8each of the following:
AB389-ASA1,21,109 (a) Standards for determining the necessity of preparing an environmental
10impact statement.
AB389-ASA1,21,1311 (b) Adequate opportunities for interested persons to be heard on environmental
12impact statements, including adequate time for the preparation and submission of
13comments.
AB389-ASA1,21,1614 (c) Deadlines that allow thorough review of environmental issues without
15imposing unnecessary delays in addressing the need for additional electric
16transmission capacity in this state.
AB389-ASA1, s. 21 17Section 21. 196.025 (3) of the statutes is created to read:
AB389-ASA1,22,218 196.025 (3) The commission shall promulgate rules establishing requirements
19and procedures for electric utilities, as defined under s. 196.491 (1) (d), to file reports
20with the commission, on a frequency that the commission determines is reasonably
21necessary, on their current reliability status, including the status of operating and
22planning reserves, available transmission capacity and outages of major operational
23units and transmission lines. A report filed under the rules promulgated under this
24subsection is subject to inspection and copying under s. 19.35 (1), except that the
25commission may withhold the report from inspection and copying for a period of time

1that the commission determines is reasonably necessary to prevent an adverse
2impact on the supply or price of energy in this state.
AB389-ASA1, s. 22 3Section 22. 196.025 (4) of the statutes is created to read:
AB389-ASA1,22,74 196.025 (4) (a) In consultation with the department of administration and the
5department of revenue, the commission shall study the establishment of a program
6for providing incentives for the development of high-efficiency, small-scale electric
7generating facilities in this state that do either of the following:
AB389-ASA1,22,98 1. Provide benefits in the form of support for electric distribution or
9transmission systems, power quality or environmental performance.
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