Children with severe disabilities often need costly nursing services and assistive technology, expenses that are currently not eligible for reimbursement under the special education categorical aid appropriation. This issue has been identified for a number of years as a priority by school districts around the state.
In her State of Education address in September 2003, the State Superintendent announced her Keeping the Promise initiative, designating $1.5 million in federal Individuals with Disabilities Education Act (IDEA) discretionary funding to Wisconsin schools for services to children with severe disabilities, specifically targeting direct services to educate children with high-cost special needs. Ultimately, a total of $2 million was set aside for 2003-04.
Aidable costs under the program include all costs (except administration) related to educating a high-cost student with special educational needs. Costs reimbursed by IDEA flow-through funds, Medicaid and special education categorical aids are deducted. Reimbursement is then calculated at 90 percent of the amount by which the total cost of providing special education and related services to an individual child exceeds $30,000 in the prior year.
In 2003-04, the first year of operation, 115 local education agencies (109 school districts, three CCDEBs and three CESAs) were approved for reimbursement. Eligible claims under the new program totaled $3.4 million for 2003-04. Therefore, payments were prorated at approximately 59 percent. Claims are expected to rise significantly over the next few years.
Discretionary federal IDEA funding provided a means to get this critically needed aid program started in 2003-04 and 2004-05. State funding was requested in the department's 2005-07 biennial budget request and was granted through
2005 Wisconsin Act 25 to continue the program and provide adequate reimbursement to school districts for these costs.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: Not applicable.
Anticipated costs incurred by private sector: Not applicable.
Effect on small business
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Agency contact person
Fiscal Estimate
Under s.
20.255 (2) (bd), Stats.,
2005 Wisconsin Act 25 appropriated $3,500,000 annually beginning in FY07 for a new grant program to provide funds to a school board, board of control of a CESA, county children with disabilities education board, or operator of a charter school, if the applicant incurred, in the previous school year, more than $30,000 of nonadministrative costs for providing special education and related services to a child and those costs are not eligible for reimbursement under s.
115.88,
115.93, or
118.255,
20 USC 1400 et seq., or federal Medicaid.
The proposed rules establish approval criteria for awarding additional special education aid as provided in the statute.
The rules will have no costs to local governments or small businesses.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (1) (a), Stats.
Notice of Hearing
Public Service Commission
Hearing Date: Monday, December 4, 2006, 9:00 a.m.
Hearing Location: Public Service Commission, 610 North Whitney Way, Madison, WI
The Public Service Commission of Wisconsin proposes an order to repeal ch.
PSC 118.02 (5), (9), and (10), 118.03 (2) and (3) (a), 118.04 (1) and (2) (a) to (d), and 118.05 (4); to renumber and amend PSC 118.05 (6); to amend PSC 118 (title), 118.01, 118.02 (7), 118.04 (2) (e) and (3), 118.05 (1), (2) (intro.) and (3), and 118.06 (1) and (4) (a); to repeal and recreate PSC 118.02 (13) and 118.06 (2); and to create PSC 118.04 (2) (g) and 118.07; relating to a renewable resource credit tracking program.
Analysis Prepared by the Public Service Commission of Wisconsin
Statute interpreted: s.
196.378, Stats.
2005 Wis. Act 141 (Act 141) modified Wisconsin's renewable portfolio standard (RPS), which prescribes minimum levels of electric energy that public utilities and electric cooperatives must produce from renewable resources for delivery to their customers. The new law sets a specific minimum level for each electric provider, using a baseline of the provider's average renewable energy production for the years 2001, 2002, and 2003:
Years RPS Requirement
2006-2009 Not less than the 2001-2003 baseline percentage
2010-2014 Baseline plus 2 percent
After 2014 Baseline plus 6 percent
Previously, state law had specified a gradually increasing RPS that started with 0.5 percent of retail sales in 2001 and would have risen to 2.2 percent by 2011. Act 141 also changes what is defined as a “renewable facility." Prior law excluded most of the energy from pre-1998 hydroelectric facilities in the state. Act 141 includes all existing renewable generation for the years 2001-2003 to establish the baseline renewable percentage for each electric provider.
If an electric provider delivers more renewable energy to its customers than its RPS requirement from a “new" renewable facility that is placed in service after December 31, 2003, Act 141 allows the electric provider to create renewable resource credits (RRCs) that can be sold or saved for up to four years for future use. RRCs were also created under prior law, but Act 141 specifies that these old RRCs will expire on December 31, 2011. The proposed rules incorporate these changes in state law and establish an RRC tracking program, which can be either statewide or a multi-state, regional program. The proposed rules also identify the responsibilities of the program administrator, who must establish and operate a system that creates an account for each renewable generation facility, each electric provider, and any wholesale supplier that acts as an aggregator for its members or customers. In addition, the tracking system will record the amount of electricity each renewable facility in the area produces, will issue a certificate for every RRC, and will track RRCs from their creation until an electric provider uses them to meet its RPS or otherwise retires them. The proposed rules give the program administrator authority to audit the records of participating renewable generators and to perform any other function the Public Service Commission may designate.
Initial Regulatory Flexibility Analysis
The rule will have no effect on small business.
TEXT OF PROPOSED RULE
The text of the proposed rule is set forth as Attachment A.
Fiscal Estimate
The proposed rule changes allow for the establishment of a regional renewable credit tracking system and other changes required by
WI Act 141 laws of 2005. There are no additional costs to state or local government as a result of these changes.
NOTICE IS GIVEN that pursuant to s.
227.16 (2) (b), Stats., the Commission will hold a public hearing on these proposed rule changes in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on
Monday, December 4, 2006, at 9:00 a.m. This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.
Written Comments
Any person may submit written comments on these proposed rules. The hearing record will remain open for written comments from the public until December 13, 2006. All written comments must include a reference on the filing to docket 1-AC-221. File by one mode only.
Industry: File comments using the Electronic Regulatory Filing system. This may be accessed from the Commission's website psc.wi.gov.
Members of the Public:
If filing electronically: Use the Public Comments system or the Electronic Regulatory Filing system. Both of these may be accessed from the Commission's website psc.wi.gov.
If filing by mail, courier, or hand delivery: Address your comments as shown in the box on page 1.
If filing by fax: Send fax comments to (608) 266-3957. Fax filing cover sheet must state “Official Filing," the docket number 1-AC-221, and the number of pages (limited to 25 pages for fax comments).
Contact Person
Questions regarding this matter should be directed to Paul Helgeson at (608) 266-3905. Media questions should be directed to Linda Barth, Director of Governmental and Public Affairs at (608) 266-9600. Hearing or speech-impaired individuals may also use the Commission's TTY number, if calling from Wisconsin (800) 251-8345, if calling from outside Wisconsin (608) 267-1479.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to get this document in a different format should contact Paul Helgeson, as indicated in the previous paragraph, as soon as possible.
TEXT OF PROPOSED RULE
SECTION 1. Chapter
PSC 118 (title) is amended to read:
RENEWABLE RESOURCE CREDIT TRACKING PROGRAM
SECTION 2. PSC 118.01 is amended to read:
PSC 118.01
Scope. This chapter applies to each
Wisconsin electric provider that creates an RRC or uses an RRC to meet the requirements of s.
196.378 (2) (a), Stats.
SECTION 3. PSC 118.02 (5) is repealed.
SECTION 4. PSC 118.02 (7) is amended to read:
PSC 118.02 (7) "Program administrator" means the person responsible for carrying who carries out the administrative responsibilities related to the renewable resource credit trading tracking program.
SECTION 5. PSC 118.02 (9) and (10) are repealed.
SECTION 6. PSC 118.02 (13) is repealed and recreated to read:
PSC 118.02 (13) “RRC tracking program" means a program that tracks the selling, transferring, purchasing, and retiring of RRCs created on or after January 1, 2004.
SECTION 7. PSC 118.03 (2) and (3) (a) are repealed.
SECTION 8. PSC 118.04 (1) and (2) (a) to (d) are repealed.
SECTION 9. PSC 118.04 (2) (e) is amended to read:
PSC 118.04 (2) (e) Renewable energy that would meet the definition of an RRC under s. PSC 118.02(10)
196.378(1)(i), Stats., except that it consists of less than one MWh, shall constitute a fraction of an RRC. A fractional RRC may not be smaller than 0.01 MWh.
SECTION 10. PSC 118.04 (2) (g) is created to read:
PSC 118.04 (2) (g) 1. An RRC created before January 1, 2004, may be sold or used to meet an electric provider's minimum percentage requirement under s.
196.378 (2) (a), Stats. The RRCs described in this subdivision may only be used until December 31, 2011, as provided in s.
196.378 (3) (c), Stats.
2. An RRC created on or after January 1, 2004, but produced by a renewable facility that was placed into service before January 1, 2004, may be sold or used to meet an electric provider's minimum percentage requirement under s.
196.378 (2) (a), Stats., only if the RRC constituted an incremental increase in output from the renewable facility due to capacity improvements that were made on or after January 1, 2004, as provided in s.
196.378 (3) (a) 2., Stats. If the renewable facility was originally constructed prior to January 1, 2004, but is entirely replaced with a new and more efficient facility, all of the output from the new facility constitutes an incremental increase and can be used to create RRCs. The RRCs described in this subdivision may only be used through the fourth year after their creation, as provided in s.
196.378 (3) (c), Stats.
3. An RRC created on or after January 1, 2004, that is produced by a renewable facility placed into service on or after January 1, 2004, may be sold or used to meet an electric provider's minimum percentage requirement under s.
196.378 (2) (a), Stats. The RRCs described in this subdivision may only be used through the fourth year after their creation, as provided in s.
196.378 (3) (c), Stats.
SECTION 11. PSC 118.04 (3) is amended to read:
PSC 118.04 (3) When an RRC is credited to an electric provider's account under sub. (2), the account owner may sell or transfer the RRC to another electric provider. Any person selling or transferring an RRC shall report the sale or transfer to the program administrator within 10 days of the transaction. The program administrator shall then credit the RRC account of the new owner and debit the RRC account of the prior owner. An RRC may continue to be sold or traded only if each seller or transferor reports the transaction to the program administrator within 10 days of its consummation.
PSC 118.05 (1) (a) An electric provider may only use the energy of a certified renewable facility for creation of an RRC. The commission shall certify renewable facilities or it may delegate this responsibility to the program administrator.
(b) The program administrator may not award an RRC before the date that the commission certifies a renewable facility is certified, but the program administrator may award an RRC for energy that a certified renewable facility produced subsequent to the date the commission received the
it delivered its request for certification.
(2) (intro.) To obtain commission certification, the electric provider generating or purchasing energy from a renewable facility, or a designated representative, shall provide the following registration information in a format approved by the commission:
(3) The commission shall inform both the program administrator and or the program administrator shall inform the electric provider, or its designated representative, whether it has certified a renewable facility for which it has received an application under sub. (2).
SECTION 13. Section PSC 118.05 (4) is repealed.
SECTION 14. Section PSC 118.05 (6) is renumbered PSC 118.06 (5) and is amended to read:
PSC 118.06 (5) The program administrator may not create award RRCs for energy produced by a decertified renewable facility.
PSC 118.06 (1) The commission shall, using a competitive process, contract with a program administrator who may operate either a statewide or a regional RRC tracking program.
SECTION 16. Section PSC 118.06 (2) is repealed and recreated to read:
PSC 118.06 (2) The program administrator shall:
(a) Create an account for each electric provider.
(b) Create an account for each certified renewable facility that participates in the tracking program and record the amount of metered MWh sold at retail that is reported for the facility.
(c) Register each renewable facility the commission has certified, including the following data about the facility:
1. Its electric provider's account number.
2. Its location, owner, technology, date placed in service, and rated capacity.
3. Its expected annual energy production.
