Amendment ASA2-AB389

AB389-ASA2,9,7 5. A method for estimating total low-income energy bills, average annual income of low-income households and the number of low-income households in a fiscal year for the purpose of determining the amount of low-income need in the fiscal year.

AB389-ASA2,9,9 (d) Other duties. 1. For each fiscal year after fiscal year 1998-99, determine the low-income need target for that fiscal year.

AB389-ASA2,9,13 2. Encourage customers or members to make voluntary contributions to assist in funding the programs established under pars. (a) and (b) 1. The department shall deposit all contributions received under this paragraph in the utility public benefits fund.

AB389-ASA2,9,15 3. Deposit all moneys received under sub. (4) (a) or (5) (c) or (d) in the utility public benefits fund.

AB389-ASA2,9,17 4. Provide for an annual independent audit and submit an annual report to the legislature under s. 13.172 (2) that describes each of the following:

AB389-ASA2,9,19 a. The expenses of the department, other state agencies and grant recipients in administering or participating in the programs under pars. (a) and (b).

AB389-ASA2,9,21 b. The effectiveness of the programs under par. (a) in providing assistance to low-income individuals.

AB389-ASA2,9,24 c. The effectiveness of the programs under par. (b) in reducing demand for electricity and increasing the use of renewable resources owned by customers or members.

AB389-ASA2,10,2 d. Any other issue identified by the governor, speaker of the assembly or majority leader of the senate.

AB389-ASA2,10,6 (3) Contracts. (a) The division of housing shall, on the basis of competitive bids, contract with community action agencies described in s. 46.30 (2) (a) 1., nonstock, nonprofit corporations organized under ch. 181 or local units of government to provide services under the programs established under sub. (2) (a).

AB389-ASA2,10,12 (b) The department shall, on the basis of competitive bids, contract with one or more nonstock, nonprofit corporations organized under ch. 181 to administer the programs established under sub. (2) (b) 1., including soliciting proposals, processing grant applications, selecting, based on criteria specified in rules promulgated under sub. (2) (c) 2m., proposals for the department to make awards and distributing grants to recipients.

AB389-ASA2,10,17 (c) In selecting proposals and awarding grants under sub. (2) (b), the department or a nonprofit corporation specified in par. (b) may not discriminate against an electric provider or its affiliate or a wholesale electric supplier or its affiliate solely on the basis of its status as an electric provider, wholesale electric supplier or affiliate.

AB389-ASA2,10,22 (4) Electric utilities. (a) Requirement to charge public benefits fees. Each electric utility, except for a municipal utility, shall charge each customer a public benefits fee in an amount established in rules promulgated by the department under par. (b). An electric utility, except for a municipal utility, shall collect and pay the fees to the department in accordance with the rules promulgated under par. (b).

AB389-ASA2,11,2 (am) Electric bills. An electric utility shall include a public benefits fee in a customer's bill and shall provide the customer with an annual statement that identifies the annual charges for public benefits fees and describes the programs for which fees are used.

AB389-ASA2,11,6 (b) Rules. In consultation with the council, the department shall promulgate rules that establish the amount of a public benefits fee under par. (a). Fees established in rules under this paragraph may vary by class of customer, but shall be uniform within each class, and shall satisfy each of the following:

AB389-ASA2,11,8 1. The fees may not be based on the kilowatt-hour consumption of electricity by customers.

AB389-ASA2,11,11 2. Seventy percent of the total amount of fees charged by an electric provider may be charged to residential customers and 30% of the total may be charged to nonresidential customers.

AB389-ASA2,11,13 3. The fees shall allow an electric provider to recover the reasonable and prudent expenses incurred by the electric provider in complying with this section.

AB389-ASA2,11,15 (c) Amount of public benefits fees. A fee established in rules promulgated under par. (b) shall satisfy each of the following:

AB389-ASA2,11,22 1. `Low-income funding.' In fiscal year 1999-2000, a portion of the public benefits fee shall be an amount that, when added to 50% of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year, shall equal $27,000,000. In each fiscal year after fiscal year 1999-2000, a portion of the public benefits fee shall be an amount that, when added to the sum of the following shall equal the low-income need target for that fiscal year determined by the department under sub. (2) (d) 1.:

AB389-ASA2,11,24 a. Fifty percent of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year.

AB389-ASA2,12,2 b. All moneys received under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 for that fiscal year.

AB389-ASA2,12,4 c. The total amount spent on programs or contributed to the commission by utilities under s. 196.374 (3) for that fiscal year.

AB389-ASA2,12,12 2. `Energy conservation and efficiency and renewable resource funding.' For fiscal year 1999-2000, a portion of the public benefits fee shall be in an amount that, when added to 50% of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year, shall equal $20,000,000. In each fiscal year after fiscal year 1999-2000, a portion of the public benefits fee shall be the amount determined under this subdivision for fiscal year 1999-2000, except that if the department determines to reduce or discontinue a program under sub. (2) (b) 2., the department shall reduce the amount accordingly.

AB389-ASA2,12,18 3. `Limitation on electric bill increases.' For the period beginning on the effective date of this subdivision .... [revisor inserts date], and ending on June 30, 2008, the total increase in a customer's electric bills that is based on the requirement to pay public benefits fees, including any increase resulting from an electric utility's compliance with this section, may not exceed 3% of the total of every other charge for which the customer is billed for that period or $750 per month, whichever is less.

AB389-ASA2,13,2 (5) Municipal utilities and retail electric cooperatives. (a) Requirement to charge public benefits fees. Each retail electric cooperative and municipal utility shall charge a monthly public benefits fee to each customer or member in amount that is sufficient for the retail electric cooperative or municipal utility to collect an annual average of $17 per meter. A retail electric cooperative or municipal utility may determine the amount that a particular class of customers or members is required to pay under this paragraph and may charge different fees to different classes of customers or members.

AB389-ASA2,13,9 (am) Public benefits fee restriction. Notwithstanding par. (a), for the period beginning on the effective date of this paragraph .... [revisor inserts date], and ending on June 30, 2008, the total increase in a customer's or member's electric bills that is based on the requirement to pay public benefits fees, including any increase resulting from a retail electric cooperative's or municipal utility's compliance with this section, may not exceed 3% of the total of every other charge for which the member or customer is billed for that period or $750 per month, whichever is less.

AB389-ASA2,13,14 (b) Election to contribute to department programs. 1. No later than the first day of the 12th month beginning after the effective date of this subdivision .... [revisor inserts date], each municipal utility or retail electric cooperative shall notify the department whether it has elected to contribute to the programs established under sub. (2) (a) or (b) 1. for a 3-year period.

AB389-ASA2,13,18 2. No later than every 3rd year after the date specified in subd. 1., each municipal utility or retail electric cooperative shall notify the department whether it has elected to contribute to the programs established under sub. (2) (a) or (b) 1. for a 3-year period.

AB389-ASA2,13,23 (c) Full contribution. If a municipal utility or retail electric cooperative elects under par. (b) 1. or 2. to contribute to the programs established both under sub. (2) (a) and under sub. (2) (b) 1., it shall pay 100% of the public benefits fees that it charges under par. (a) to the department in each fiscal year of the 3-year period for which it has made the election.

AB389-ASA2,14,3 (d) Partial contributions and commitment to community spending. A municipal utility or retail electric cooperative not specified in par. (c) shall do one of the following:

AB389-ASA2,14,7 1. If the municipal utility or retail electric cooperative elects to contribute only to the programs established under sub. (2) (a), the municipal utility or retail electric cooperative shall, in each fiscal year of the 3-year period for which it elects to contribute under par. (b) 1. or 2., do all of the following:

AB389-ASA2,14,9 a. Pay no less than 50% of the public benefits fees that it charges under par. (a) to the department.

AB389-ASA2,14,11 b. Spend no less than 50% of the public benefits fees that it charges under par. (a) on energy conservation programs.

AB389-ASA2,14,15 2. If the municipal utility or retail electric cooperative elects to contribute only to the programs established under sub. (2) (b) 1., the municipal utility or retail electric cooperative shall, in each fiscal year of the 3-year period for which it elects to contribute under par. (b) 1. or 2., do all of the following:

AB389-ASA2,14,17 a. Pay 50% of the public benefits fees that it charges under par. (a) to the department.

AB389-ASA2,14,19 b. Spend no less than 50% of the public benefits fees that it charges under par. (a) on programs for low-income assistance.

AB389-ASA2,14,23 3. If the municipal utility or retail electric cooperative elects not to contribute to any of the programs established under sub. (2) (a) or (b) 1., the municipal utility or retail electric cooperative shall, in each fiscal year of the 3-year period for which it elects not to contribute under par. (b) 1. or 2., do all of the following:

AB389-ASA2,14,25 a. Spend no less than 50% of the public benefits fees that it charges under par. (a) on programs for low-income assistance.

AB389-ASA2,15,2 b. Spend no less than 50% of the public benefits fees that it charges under par. (a) on energy conservation programs.

AB389-ASA2,15,6 (e) Wholesale supplier credit. If a wholesale supplier has established a program for low-income assistance or an energy conservation program, a municipal utility or retail electric cooperative that is a customer or member of the wholesale supplier may do any of the following:

AB389-ASA2,15,11 1. Include an amount equal to the product of the municipal utility's or retail electric cooperative's wholesale supply percentage and the amount that the wholesale supplier has spent on low-income assistance in a fiscal year in calculating the amount that the municipal utility or retail electric cooperative has spent on low-income assistance in that fiscal year under par. (d) 2. b. or 3. a.

AB389-ASA2,15,17 2. Include an amount equal to the product of the municipal utility's or retail electric cooperative's wholesale supply percentage and the amount that the wholesale supplier has spent on energy conservation programs or customer applications of renewable resources in a fiscal year in calculating the amount that the municipal utility or retail electric cooperative has spent on energy conservation programs under par. (d) 1. b. or 3. b.

AB389-ASA2,15,21 (f) Joint programs. Municipal utilities or retail electric cooperatives may establish joint commitment to community programs, except that each municipal utility or retail electric cooperative that participates in a joint program is required to comply with the spending requirements under par. (d).

AB389-ASA2,15,25 (g) Reports. 1. For each fiscal year, each municipal utility and retail electric cooperative that does not pay 100% of the public benefits fee that it charges under par. (a) to the department under par. (c) shall file a report with the department that describes each of the following:

AB389-ASA2,16,4 a. An accounting of public benefits fees charged to customers or members under par. (a) in the fiscal year and expenditures on commitment to community programs under par. (d), including any amounts included in the municipal utility's or retail electric cooperative's calculations under par. (e).

AB389-ASA2,16,6 b. A description of commitment to community programs established by the municipal utility or retail electric cooperative in the fiscal year.

AB389-ASA2,16,8 2. The department shall maintain reports filed under subd. 1. for at least 6 years.

AB389-ASA2, s. 3 Section 3. 16.969 of the statutes is created to read:

AB389-ASA2,16,11 16.969 Fees for certain high-voltage transmission lines. (1) In this section:

AB389-ASA2,16,12 (a) "Commission" means the public service commission.

AB389-ASA2,16,15 (b) "High-voltage transmission line" means a high-voltage transmission line, as defined in s. 196.491 (1) (f), that is designed for operation at a nominal voltage of 345 kilovolts or more.

AB389-ASA2,16,18 (2) The department shall promulgate rules that require a person who is issued a certificate of public convenience and necessity by the commission under s. 196.491 (3) for a high-voltage transmission line to pay the department the following fees:

AB389-ASA2,16,21 (a) An annual impact fee in an amount equal to 0.3% of the cost of the high-voltage transmission line, as determined by the commission under s. 196.491 (3) (gm).

AB389-ASA2,16,24 (b) A one-time environmental impact fee in amount equal to 5% of the cost of the high-voltage transmission line, as determined by the commission under s. 196.491 (3) (gm).

AB389-ASA2,17,5 (3) (a) The department shall distribute the fees that are paid by a person under the rules promulgated under sub. (2) (a) to each town, village and city that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such town, village and city.

AB389-ASA2,17,7 (b) The fee that is paid by a person under the rules promulgated under sub. (2) (b) shall be distributed as follows:

AB389-ASA2,17,10 1. The department shall pay 50% of the fee to each county that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such county.

AB389-ASA2,17,14 2. The department shall pay 50% of the fee to each town, village and city that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such town, village and city.

AB389-ASA2,17,17 (4) A county, town, village or city that receives a distribution under sub. (3) (b) may use the distribution only for park, conservancy, wetland or other similar environmental programs.

AB389-ASA2, s. 4 Section 4. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB389-ASA2, s. 5 Section 5. 20.505 (1) (ge) of the statutes is created to read:

AB389-ASA2,18,3 20.505 (1) (ge) High-voltage transmission line annual impact fee distributions. All moneys received from the payment of fees under the rules promulgated under s. 16.969 (2) (a) for distributions to to towns, villages and cities under s. 16.969 (3) (a).

AB389-ASA2, s. 6 Section 6. 20.505 (1) (gs) of the statutes is created to read:

AB389-ASA2,18,8 20.505 (1) (gs) High-voltage transmission line environmental impact fee distributions. All moneys received from the payment of fees under the rules promulgated under s. 16.969 (2) (b) for distributions to counties, towns, villages and cities under s. 16.969 (3) (b).

AB389-ASA2, s. 7 Section 7. 20.505 (10) of the statutes is created to read:

AB389-ASA2,18,12 20.505 (10) Utility public benefits. (q) General program operations. From the utility public benefits fund, the amounts in the schedule for general program operations.

AB389-ASA2,18,14 (r) Low-income assistance grants. From the utility public benefits fund, a sum sufficient for low-income assistance grants under s. 16.957 (2) (a).

AB389-ASA2,18,17 (s) Energy conservation and efficiency and renewable resource grants. From the utility public benefits fund, a sum sufficient for energy conservation and efficiency and renewable resource grants under s. 16.957 (2) (b) 1.

AB389-ASA2, s. 8 Section 8. 25.17 (1) (xm) of the statutes is created to read:

AB389-ASA2,18,19 25.17 (1) (xm) Utility public benefits fund (s. 25.96);

AB389-ASA2, s. 9 Section 9. 25.96 of the statutes is created to read:

AB389-ASA2,18,25 25.96 Utility public benefits fund. There is established a separate nonlapsible trust fund designated as the utility public benefits fund, consisting of deposits by the public service commission under s. 196.374 (3), public benefits fees received under s. 16.957 (4) (a) and (5) (c) and (d) and contributions received under s. 16.957 (2) (c) 4. and (d) 2.

AB389-ASA2, s. 10 Section 10. 76.28 (1) (d) of the statutes is amended to read:

AB389-ASA2,19,25 76.28 (1) (d) "Gross revenues" for a light, heat and power company other than a qualified wholesale electric company or a transmission company means total operating revenues as reported to the public service commission except revenues for interdepartmental sales and for interdepartmental rents as reported to the public service commission and deductions from the sales and use tax under s. 77.61 (4), except that the company may subtract from revenues either the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company, that purchases under federal or state approved wholesale rates more than 50% of its electric power from a person other than an affiliated interest, as defined in s. 196.52 (1), if the revenue from that purchased electric power is included in the seller's gross revenues or the following percentages of the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company that purchases more than 90% of its power and that has less than $50,000,000 of gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a qualified wholesale electric company, "gross revenues" means total business revenues from those businesses included under par. (e) 1. to 4. For a transmission company, "gross revenues" means total operating revenues as reported to the public service commission, except revenues for transmission service that is provided to a public utility that is subject to the license fee under sub. (2) (d), to a public utility, as defined in s. 196.01 (5), or to a cooperative association organized under ch. 185 for the purpose of providing electricity to its members only.

AB389-ASA2, s. 11 Section 11. 76.28 (1) (e) (intro.) of the statutes is amended to read:

AB389-ASA2,20,10 76.28 (1) (e) (intro.) "Light, heat and power companies" means any person, association, company or corporation, including corporations described in s. 66.069 (2) and including, qualified wholesale electric companies and transmission companies and except only business enterprises carried on exclusively either for the private use of the person, association, company or corporation engaged in them, or for the private use of a person, association, company or corporation owning a majority of all outstanding capital stock or who control the operation of business enterprises and except electric cooperatives taxed under s. 76.48 that engage in any of the following businesses:

AB389-ASA2, s. 12 Section 12. 76.28 (1) (e) 5. of the statutes is created to read:

AB389-ASA2,20,12 76.28 (1) (e) 5. Transmitting electric current for light, heat or power.

AB389-ASA2, s. 13 Section 13. 76.28 (1) (j) of the statutes is created to read:

AB389-ASA2,20,15 76.28 (1) (j) "Transmission company" has the meaning given in s. 196.485 (1) (ge).

AB389-ASA2, s. 14 Section 14. 76.28 (2) (c) (intro.) of the statutes is amended to read:

AB389-ASA2,20,19 76.28 (2) (c) (intro.) For Except as provided under par. (e), for private light, heat and power companies for 1986 and thereafter, an amount equal to the apportionment factor multiplied by the sum of:

AB389-ASA2, s. 15 Section 15. 76.28 (2) (d) of the statutes is amended to read:

AB389-ASA2,20,24 76.28 (2) (d) For Except as provided under par. (e), for municipal light, heat and power companies, an amount equal to the gross revenues, except gross revenues from operations within the municipality that operates the company, multiplied by the rates under par. (b) or (c).

AB389-ASA2, s. 16 Section 16. 76.28 (2) (e) of the statutes is created to read:

AB389-ASA2,21,2 76.28 (2) (e) For transmission companies, an amount equal to the gross revenues multiplied by the rates under par. (c).

AB389-ASA2, s. 17 Section 17. 196.025 of the statutes is renumbered 196.025 (1).

AB389-ASA2, s. 18 Section 18. 196.025 (2) of the statutes is created to read: