(8)
Department denial. (a) If the department denies a proposed
public benefits low-income assistance fee collection plan, the non–municipal electric utility shall resubmit a collection plan to the department on or before
May 15 June 20 for the department's approval even if a protest has been filed under s.
Adm 43.12. A resubmitted collection plan must address all comments and suggestions provided by the department in its denial.
(b) If the department denies a resubmitted collection plan, the non–municipal electric utility shall collaborate with the department to prepare a collection plan acceptable to the department. If the parties are unable to reach an agreement on or before June 1 25, the department shall issue a collection plan for the non–municipal electric utility to implement the following fiscal year.
Adm 43.08 Payment and reconciliation of the public benefits low-income assistance fee. (1) Payment due dates. Each non–municipal electric utility shall make equal monthly payments to the department of the estimated invoiced amount invoiced, no later than the 15th day of each month.
The first payment of each fiscal year is due on the 15th day of the second full month of the fiscal year.
SECTION 8. Adm 43.08 (3) (a) is repealed and recreated to read:
(3) Reconciliation of collected fees. (a) The department and each non-municipal electric utility shall at a minimum, once per year reconcile actual residential collections less total reasonable and prudent expenses approved by the department, with estimated invoiced amounts. All collections that exceeded the estimated invoiced amounts will be collected through an adjustment to the next invoice. A non-municipal electric utility that collected less than the estimated invoiced amount will receive a credit to their next invoice in the amount of the under collection. In the event that overall collections are significantly under the total estimated invoiced amount the department may postpone crediting the following invoice until the next reconciliation period if the department determines substantial harm would be done to the operation of the low-income programs.
SECTION 9. Adm 43.08 (3) (b) is amended to read:
(b) Once in any fiscal year, a non–municipal electric utility may submit a written request to the department to adjust its
public benefits low-income assistance fee collection plan. The request shall contain the current amount that has been over–collected or under–collected and the amount that is forecasted to be over–collected or under–collected for the remainder of the fiscal year, the reasons for the differences and the non–municipal electric utility's proposed adjustments to its approved
public benefits low-income assistance fee collection plan. The department shall indicate its approval or disapproval of the proposed adjustments
in writing within 30 days of receipt of the request. The non–municipal electric utility may implement the collection plan adjustment immediately upon department approval. If the department does not approve a collection plan adjustment, the affected non–municipal electric utility may protest under procedures set forth in s. Adm 43.12.
SECTION 10. Adm 43.08 (1)(c) is repealed.
SECTION 11. Adm 43.08 (1) (d) is renumbered Adm 43.08 (1) (c) and as renumbered, is amended to read:
(c) The department shall adjust a non–municipal electric utility's
public benefits low-income assistance fee collection plan effective on the beginning of the fiscal year for which the collection plan was submitted, upon a successful appeal filed under s.
Adm 43.12.
SECTION 12. Adm 43.08 (4) is amended to read:
(4)
Accounts receivable and uncollectible accounts. A non–municipal electric utility's reconciliation statement may include an estimation of the uncollected amount of its preceding year's
public benefits low-income assistance fee that is recorded as an accounts receivable. A non–municipal electric utility's reconciliation statement may also include an estimated amount of its
public benefits low-income assistance fee that was recorded in a previous fiscal year as accounts receivable and has been subsequently recognized as uncollectible revenues. The cost of uncollectible revenues may be included in a request for reasonable and prudent expenses in s.
Adm 43.09.
SECTION 13. Adm 43.09 (1) is amended to read:
Adm 43.09 Requesting approval for reasonable and prudent expenses. (1) A non–municipal electric utility may request recovery of reasonable and prudent expenses incurred in the development and implementation of its public benefits low-income assistance fee collection plan. The request shall be submitted in writing to the department for approval on or before February 15. The request shall include an accounting of actual costs for the previous calendar year. The non–municipal electric utility may include approved expenses in its public benefits low-income assistance fee collection plan for the following fiscal year.
SECTION 14. Adm 43.09 (5) and Adm 43.10 (1) are amended to read:
(5) A non–municipal electric utility shall document all reasonable and prudent expenses it seeks to include in the public benefits low-income assistance fee.
Adm 43.10 Voluntary contributions. (1)
Annual opportunity. At least annually, each electric utility shall provide its residential and non–residential customers an opportunity to make voluntary contributions to the trust fund established under s.
25.96, Stats., to fund their choice of programs established in ss.
16.957 (2) (a) and (b) 1., Stats. An electric utility shall provide the opportunity for its residential and non–residential customers to make such voluntary contributions by including an insert and return envelope in the mailing containing the annual public benefits report required by s.
16.957 (4) (am), Stats. Each electric utility may provide opportunities for its residential and non–residential customers to make voluntary contributions to an energy assistance fund administered by the electric utility at other times and by other methods.
SECTION 15. Adm 43.11 (1) is repealed.
SECTION 16. Adm 43.11 (2), (3) and (4) are renumbered Adm 43.11 (1), (2) and (3), and as renumbered, are amended to read:
Adm 43.11 Reports and annual statements. (1) Financial report. No later than 60 days after the end of each fiscal year, each non–municipal electric utility shall submit to the department a complete financial report of its public benefits low-income assistance fees. The report shall include a complete explanation of the collection reconciliation and the balance as of the end of the fiscal year, an assessment of the implementation of its public benefits low-income assistance fee collection plan, the amount collected by customer class, and any other matter the department determines necessary.
(2) Department statement. The department shall provide each non–municipal electric utility with an annual statement within 120 days of the end of each fiscal year identifying the total amount of the annual amount invoiced to each non–municipal electric utility, and describing the programs for which the public benefits low-income assistance fees were used.
(3) Non–municipal Electric Utility Statement. Each non–municipal electric utility shall distribute the department's annual statement to each of its residential and non–residential customers. No non–municipal electric utility may be required to provide an individual customer the specific amount of public benefits low-income assistance fees assessed to that customer when it distributes the department's annual statement.
SECTION 17. Adm 43.11 (4) is created to read:
(4) Reports in electronic format. Each non-municipal electric utility shall submit the report in sub. (1), using an electronic format specified by the department.
SECTION 18. Adm 43.12 (1) and (2) are amended to read:
Adm 43.12 Appeals. (1)
Right to protest. A non–municipal electric utility that disputes the department's denial or modification of its proposed
public benefits low-income assistance fee collection plan, the denial of an expense request, or the denial of a reconciliation statement may protest to the department. The non–municipal electric utility shall serve the protest in writing on the administrator of the department's division of energy
and public benefits within 15 days of the receipt of the department's denial or modification of the proposed
public benefits
low-income assistance fee collection plan under s.
Adm 43.07, the reconciliation statement under s.
Adm 43.08, or the expense claim under s.
Adm 43.09.
(2) Authority to resolve protests. The administrator of the department's division of energy and public benefits shall have the authority to settle and resolve any protest brought under this subsection. If the protest is not resolved by mutual agreement, the division administrator shall promptly issue a written decision to the protesting utility.
Notice of Proposed Rulemaking
Administration
NOTICE IS HEREBY GIVEN that pursuant to ss.
16.004 (1) and
16.957 (2) (c) 2, Stats., interpreting ss.
16.957 (1) to
(4), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Department of Administration will adopt the following rule as proposed in this notice, without a public hearing unless, within 30 days after publication of this notice, on
December 15, 2007, the Department of Administration is petitioned for a public hearing by 25 natural persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Analysis Prepared by the Department of Administration
The Department of Administration proposes an order to amend Chapter
Adm 45, relating to low income assistance public benefits.
Statutory authority
Statutes Interpreted
16.957 (1) to (4), Stats.
Explanation of agency authority
Under s.
16.957 (2) (c), Stats., the Department of Administration is required to promulgate rules for state low-income assistance programs.
Related statute or rule
None
Plain language analysis
1999 Wisconsin Act 9 included major provisions relating to aspects of electric utility regulation, commonly referred to as “Reliability 2000." That legislation created a new statutory framework within which public benefit programs relating to low-income energy assistance and energy conservation and renewable energy were continued and expanded.
2005 Wisconsin Act 141 revised many of the provisions of the earlier Act 9 and transferred responsibility and funding for energy conservation and renewable programs to non-municipal electric utilities under supervision of the Public Service Commission. However, low income assistance programs for non-municipal electric utility customers were not changed and continue to be funded as they have been and remain the responsibility of the Department of Administration. The proposed rule revisions remove “public benefits" terminology to clarify that the rule applies only to the low-income assistance program in compliance with
2005 Wisconsin Act 141
The proposed amendments also change the term “secured correctional facility" to “juvenile correctional facility" as amended in
2005 Wisconsin Act 344 (s.
938.02(10p), Stats.).
Lastly, the amendment removes the requirement that the department consult with the Council on Utility Public Benefits prior to announcing new or continued low-income assistance programs. This requirement is redundant to that already stated in s.
16.957(2) intro., Stats.
Comparison with federal regulations
No known existing or proposed federal regulations comparable to the proposed rules.
Comparison with rules in adjacent states
Each of the four states adjacent to Wisconsin operates programs that provide assistance to low-income households that face difficulty dealing with utility bills. In general, these programs implement federally mandated and funded programs. While the programs differ substantially between states in the details of their structure, each has promulgated rules governing the programs.
• Title 89 of the Illinois Administrative Code, Chapter
1, Subchapter b, Part 109 addresses the low-income home energy assistance program. Included in this rule are subparts B & C which govern the energy assistance or bill payment program and the weatherization program respectively.
• Michigan Administrative Rule 400.7001 – 7049 governs the “State Emergency Relief Program" which includes provisions for assistance with utility charges.
• Iowa Administrative Code [427], Chapter
5 establishes the eligibility, method of administration, and hearing and appeals provision of the Weatherization Assistance Program. IAC [427] Chapter
10 establishes similar provisions for the Low Income Energy Assistance Program. Additionally, Iowa has created the Affordable Heating Program under IAC 427 Chapter
11 to provide energy assistance in addition to the federal low income energy assistance program for households whose incomes falls below 110% of the federal poverty income guidelines rather than the 150% limit for the Low Income Assistance Program.
• Minnesota Rule 3300.0800 – 3300.1900 establishes the procedures for operation of the Minnesota weatherization program.
Summary of factual data and analytical methodologies
The department relied on the following sources to draft the proposed rules or to determine the impact on small businesses:
• 2005 Wisconsin Act 141 transferred the energy assistance and renewable energy responsibilities to the Public Service Commission. The proposed rule amendments remove references to the “public benefits" programs to comply with
2005 Wisconsin Act 141. There are no new reporting requirements or operational standards resulting from the proposed rule amendments.
Analysis and supporting documents used to determine effect on small business
The proposed rules will have no effect on small businesses. The proposed amendments revise terminology to comply with recent statutory changes.
Agency Contact Person
Donna Sorenson
Department of Administration
101 E. Wilson Street
Madison, WI 53707-7864
608-266-2887
Submission of Written Comments
Comments may be submitted to the agency contact person that is listed above and via the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov by January 15, 2008.
Initial Regulatory Flexibility Analysis:
Pursuant to s.
227.114, Stats., the rule amendments herein are not expected to negatively impact on small businesses.
Fiscal Effect
None.
Text of Rule
SECTION 1. Adm 45 (title), 45.01 and 45.02 are amended to read:
LOW-INCOME ASSISTANCE PUBLIC BENEFITS
Adm 45.01 Authority. Sections
16.004 (1) and
16.957 (2) (c) 2., Stats., authorize the department to promulgate rules for low-income assistance
public benefits programs.
Adm 45.02 Purpose. The purpose of this chapter is to establish general eligibility and application requirements and procedures for assistance under a low-income
public benefits assistance program established under s.
16.957 (2) (a), Stats.
SECTION 2. Adm 45.03(2) and (3) are amended to read:
45.03 (2) “Benefit" means an award of financial or other assistance by the department or a contractor designated by the department to an eligible household under a public benefits low-income assistance program.
45.03 (3) “Contractor" means a community action agency described in s.
46.30 (2) (a) 1., Stats., a nonstock, nonprofit corporation organized under ch.
181, Stats., or a local unit of government under contract with the department that provides services under a
public benefits low-income assistance program.
SECTION 3. Adm 45.03 (6) is amended to read:
45.03 (6) “Low income
public benefits assistance program" means a program established in accordance with s.
16.957 (2) (a), Stats.
SECTION 4. Adm 45.03 (9) is amended to read:
45.03 (9) “
Secured Juvenile correctional facility" has the meaning specified in s.
938.02(15m) (10p), Stats.
SECTION 5. Adm 45.04 (1) and (2) are amended to read:
Adm 45.04 Eligibility requirements. (1) A person or household eligible to receive fuel bill payment assistance, early identification crisis assistance, weatherization or conservation services, and similar low-income assistance from federally funded programs specified in ss.
16.26 and
16.27, Stats., shall be eligible for assistance through a low-income
public benefits assistance program.
45.04 (2) The following are not eligible for assistance under a low-income public benefits assistance program:
SECTION 6. Adm 45.04 (2) (b) is amended to read:
45.04 (2) (b) A person who is imprisoned in a state prison or a person placed at a secure juvenile correctional facility or a secured child caring institution.
SECTION 7. Adm 45.05 and 45.06 (1) are amended to read:
