Amendment SSA1-SB463

SB463-SSA1,8,5 (e) Effect of orders. 1. A financing order shall remain in effect until the environmental trust bonds issued pursuant to the order have been paid in full and the financing costs of the bonds have been recovered in full.

SB463-SSA1,8,7 2. A financing order issued to an energy utility shall remain in effect and unabated notwithstanding the bankruptcy of the energy utility.

SB463-SSA1,8,11 3. An application by an energy utility for a financing order and commission approval of a financing order are in addition to and do not replace or supercede any other review or approval by the commission under this chapter that may be required or allowed for environmental control activities.

SB463-SSA1,8,21 (3) Exceptions to commission jurisdiction. (a) If the commission issues a financing order to an energy utility, the commission may not, in exercising its powers and carrying out its duties regarding rate making, consider the environmental trust bonds issued pursuant to the order to be the debt of the energy utility, the environmental control charges paid under the order to be the revenue of the energy utility, or the environmental control costs or financing costs specified in the order to be the costs of the energy utility, nor may the commission determine that any action taken by an energy utility that is consistent with the order is unjust or unreasonable. Nothing in this paragraph affects the authority of the commission to adjust or reduce an energy utility's revenue requirements under sub. (4) (a).

SB463-SSA1,8,25 (b) If an energy utility has not made an application under sub. (2) (a), the commission may not order or otherwise require the energy utility to use environmental trust bonds to finance any project, addition, plant, facility, extension, capital improvement, environmental control equipment, or any other expenditure.

SB463-SSA1,9,13 (4) Energy utility duties. (a) An energy utility shall place the proceeds of any environmental trust bonds issued pursuant to a financing order in a separate account. An energy utility may use the proceeds only for paying environmental control costs and financing costs that are prudent, reasonable, and appropriate, and only if the energy utility has applied for and obtained all approvals from the commission under this chapter that are required for the environmental control activities for which the environmental control costs are incurred or expected to be incurred. If the commission finds that the proceeds have been used for environmental control costs or financing costs that are not prudent, reasonable, or appropriate, the commission may adjust or reduce the energy utility's revenue requirements in connection with charges other than environmental control charges for the purpose of ensuring that the energy utility's customers do not pay for such costs.

SB463-SSA1,9,17 (b) An energy utility shall annually provide to its customers a concise explanation of the environmental control charges approved in a financing order issued to the energy utility. The explanation may be made by bill inserts, Web site information, or other appropriate means.

SB463-SSA1,9,20 (c) The failure of an energy utility to comply with this subsection shall not invalidate, impair, or affect any financing order, environmental control property, environmental control charge, or environmental control bonds.

SB463-SSA1,9,25 (5) Environmental control property. (a) In general. 1. Environmental control property that is specified in a financing order shall constitute a present property right notwithstanding that the imposition and collection of environmental control charges depend on the energy utility to which the order is issued performing its servicing functions relating to the collection of environmental control charges and on future energy consumption. Such property is considered to exist whether or not the revenues or proceeds arising from the property have accrued and whether or not the value of the property is dependent on the receipt of service by customers of an energy utility.

SB463-SSA1,10,7 2. Environmental control property specified in a financing order shall continue to exist until the environmental trust bonds issued pursuant to the order are paid in full and all financing costs of the bonds have been recovered in full.

SB463-SSA1,10,16 3. Environmental control property specified in a financing order issued to an energy utility may be transferred, sold, conveyed, or assigned to any person, including an affiliate of the energy utility created for the limited purpose of facilitating or administering environmental control property or environmental control trust bonds under the financing order and not including any other affiliate of the energy utility. Environmental control property may be pledged to secure environmental trust bonds issued pursuant to the order. Each such transfer, sale, conveyance, assignment, or pledge by an energy utility or affiliate of an energy utility is considered to be a transaction in the ordinary course of business.

SB463-SSA1,10,23 4. If an energy utility defaults on any required payment of revenues arising from environmental control property specified in a financing order, a court, upon application by an interested party, and without limiting any other remedies available to the applying party, shall order the sequestration and payment of the revenues. Any such order shall remain in full force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the energy utility.

SB463-SSA1,11,3 5. The interest of an assignee or pledgee in environmental control property specified in a financing order issued to an energy utility, and in the revenue and collections arising from that property, are not subject to setoff, counterclaim, surcharge, or defense by the energy utility or any other person or in connection with the bankruptcy of the energy utility or any other entity.

SB463-SSA1,11,11 6. Any successor to an energy utility, whether pursuant to any bankruptcy, reorganization, or other insolvency proceeding, or pursuant to any merger or acquisition, sale, or transfer by operation of law, as a result of energy utility restructuring or otherwise, shall perform and satisfy all obligations of, and have the same rights under a financing order as, the energy utility under the financing order in the same manner and to the same extent as the energy utility including collecting and paying to the person entitled to receive them revenues with respect to the environmental control property.

SB463-SSA1,11,17 (b) Security interests. Except as otherwise provided in this paragraph, the creation, perfection, and enforcement of security interests in environmental control property to secure environmental trust bonds are governed by ch. 409. Notwithstanding ch. 409, with regard to creating, perfecting, and enforcing a valid security interest in environmental control property to secure environmental trust bonds, all of the following apply:

SB463-SSA1,11,20 1. The description of environmental control property in a security agreement is sufficient if the description refers to this section and the financing order creating the environmental control property.

SB463-SSA1,12,2 2. A security interest is created, valid, binding, and perfected at the time a security agreement is made and attaches without any physical delivery of collateral or other act, and the lien of such security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the person granting the security interest, regardless of whether such parties have notice of the lien. The filing or recording of a financial statement or instrument in which such a security interest is created is not required.

SB463-SSA1,12,6 3. A security interest in environmental control property is a continuously perfected security interest and has priority over any other lien created by operation of law or otherwise, which subsequently attaches to the environmental control property.

SB463-SSA1,12,9 4. The priority of a security interest created under this paragraph is not affected by the commingling of proceeds arising from environmental control property with other amounts.

SB463-SSA1,12,12 5. Any changes that the commission makes to a financing order that creates the environmental control property does not affect the validity, perfection, or priority of a security interest in the environmental control property.

SB463-SSA1,12,15 (c) Sales. The sale, assignment, and transfer of environmental control property are governed by this paragraph. All of the following apply to a sale, assignment, or transfer under this paragraph:

SB463-SSA1,12,22 1. The sale, assignment, or transfer is an absolute transfer of, and not a pledge of or secured transaction relating to, the seller's right, title, and interest in, to, and under the environmental control property, if the documents governing the transaction expressly state that the transaction is a sale or other absolute transfer. After such a transaction, the environmental control property is not subject to any claims of the seller or the seller's creditors, other than creditors holding a prior security interest in the environmental control property perfected under par. (b).

SB463-SSA1,12,25 2. The characterization of the sale, assignment, or transfer as an absolute transfer under subd. 1. and the corresponding characterization of the purchaser's property interest is not affected by any of the following factors:

SB463-SSA1,13,2 a. Commingling of amounts arising with respect to the environmental control property with other amounts.

SB463-SSA1,13,5 b. The retention by the seller of a partial or residual interest, including an equity interest, in the environmental control property, whether direct or indirect, or whether subordinate or otherwise.

SB463-SSA1,13,6 c. Any recourse that the purchaser may have against the seller.

SB463-SSA1,13,8 d. Any indemnifications, obligations, or repurchase rights made or provided by the seller.

SB463-SSA1,13,9 e. The responsibility of the seller to collect environmental control charges.

SB463-SSA1,13,11 f. The treatment of the sale, assignment, or transfer for tax, financial reporting, or other purposes.

SB463-SSA1,13,16 (6) Environmental trust bonds not public debt. The state is not liable on environmental trust bonds and the bonds are not a debt of the state. An issue of environmental trust bonds does not, directly or indirectly or contingently, obligate the state or a political subdivision of the state to levy any tax or make any appropriation for payment of the bonds.

SB463-SSA1,13,19 (7) Environmental trust bonds as legal investments. Any of the following may legally invest any sinking funds, moneys, or other funds belonging to them or under their control in environmental trust bonds:

SB463-SSA1,13,22 (a) The state, the investment board, municipal corporations, political subdivisions, public bodies, and public officers except for members of the public service commission.

SB463-SSA1,14,2 (b) Banks and bankers, savings and loan associations, credit unions, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business.

SB463-SSA1,14,3 (c) Personal representatives, guardians, trustees, and other fiduciaries.

SB463-SSA1,14,5 (8) State pledge. (a) In this subsection, "bondholder" means a person who holds an environmental trust bond.

SB463-SSA1,14,7 (b) The state pledges to and agrees with bondholders that the state will not do any of the following:

SB463-SSA1,14,9 1. Take or permit any action that impairs the value of environmental control property.

SB463-SSA1,14,14 2. Except as allowed under this section, reduce, alter, or impair environmental control charges that are imposed, collected, and remitted for the benefit of the bondholders until any principal, interest, premium, or other charge incurred, or contract to be performed, in connection with environmental trust bonds held by the bondholders are paid or performed in full.

SB463-SSA1,14,16 (c) Any person who issues environmental trust bonds is allowed to include the pledge specified in par. (b) in the bonds and relating documentation.

SB463-SSA1,14,20 (9) Conflicts. In the event of conflict between this section and any other law regarding the attachment, assignment, or perfection, or the effect of perfection, or priority of any security interest in environmental control property, this section to the extent of the conflict shall govern.

SB463-SSA1,15,2 (10) Effect of invalidity on actions. Effective on the date that environmental trust bonds are first issued under this section, if any provision of this section is held to be invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence shall not affect any action allowed under this section that is taken by an energy utility, an assignee, a collection agent, or a party to a transaction and any such action shall remain in full force and effect.

SB463-SSA1, s. 3 Section 3. 201.01 (3) of the statutes is renumbered 201.01 (3) (intro.) and amended to read:

SB463-SSA1,15,7 201.01 (3) (intro.) "Securities" means capital stock and evidences of indebtedness of a public service corporation, not including, however, (a) any but do not include any of the following:

SB463-SSA1,15,10 (a) Any obligation of a public service corporation which is not a public utility as defined in the federal power act Power Act, falling due one year or less after its date and bearing date not later than the day of sale; or (b) any.

SB463-SSA1,15,14 (b) Any evidence of indebtedness of a public service corporation which is a public utility as defined in the federal power act Power Act, the issuance, renewal or assumption of which is exempt from sec. section 204 (a) of the federal power act Power Act by the provisions of sec. section 204 (e) thereof; or (c) any.

SB463-SSA1,15,17 (c) Any obligation issued to the United States of America in connection with loans for rural telecommunications facilities made pursuant to the rural electrification act Rural Electrification Act of 1936, as amended, or (d) any.

SB463-SSA1,15,19 (d) Any securities issued by a corporation organized under ch. 185 for the purpose of furnishing telecommunications service in rural areas.

SB463-SSA1, s. 4 Section 4. 201.01 (3) (e) of the statutes is created to read:

SB463-SSA1,15,22 201.01 (3) (e) Any environmental trust bonds issued pursuant to a financing order of the commission under s. 196.027 (2).

SB463-SSA1,15,23 (End)