AB302: Bill Text

AB302, s. 1 Section 1. 15.107 (17) of the statutes is repealed.

AB302, s. 2 Section 2. 16.957 of the statutes is repealed.

AB302, s. 3 Section 3. 16.958 of the statutes is repealed.

AB302, s. 4 Section 4. 20.155 (1) (a) of the statutes is created to read:

AB302,3,8 20.155 (1) (a) Utility contribution refunds. A sum sufficient equal to the aggregate amount that the commission has determined for all utilities under 2001 Wisconsin Act .... (this act), section 26 (3) (a ), for the purpose of making payments to utilities under 2001 Wisconsin Act .... (this act), section 26 (3 ) (b).

AB302, s. 5 Section 5. 20.505 (10) (a) of the statutes is created to read:

AB302,4,3 20.505 (10) (a) Public benefits fee and contribution refunds. A sum sufficient equal to the difference between the amount transferred to the general fund under 2001 Wisconsin Act .... (this act), section 27 (1), and the aggregate amount that the commission has determined for all utilities under 2001 Wisconsin Act .... (this act), section 26 (3) (a ), for the purpose of making payments to electric utilities, municipal utilities, and retail electric cooperatives under 2001 Wisconsin Act .... (this act), section 26 (2) (b ).

AB302, s. 6 Section 6. 20.505 (10) (q), (r) and (s) of the statutes are repealed.

AB302, s. 7 Section 7. 20.505 (11) of the statutes is repealed.

AB302, s. 8 Section 8. 25.17 (1) (ai) of the statutes is repealed.

AB302, s. 9 Section 9. 25.17 (1) (xm) of the statutes is repealed.

AB302, s. 10 Section 10. 25.96 of the statutes is repealed.

AB302, s. 11 Section 11. 25.97 of the statutes is repealed.

AB302, s. 12 Section 12. 76.28 (1) (d) of the statutes is amended to read:

AB302,5,18 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. For an electric utility, as defined in s. 16.957 (1) (g), "gross revenues" does not include public benefits fees collected by the electric utility under s. 16.957 (4) (a) or (5) (a). For a generator public utility, "gross revenues" does not include any grants awarded to the generator public utility under s. 16.958 (2) (b). For a wholesale supplier, as defined in s. 16.957 (1) (w), "gross revenues" does not include any public benefits fees that are received from a municipal utility or retail electric cooperative or under a joint program established under s. 16.957 (5) (f). For a municipal utility, "gross revenues" does not include public benefits fees received by the municipal utility from a municipal utility or retail electric cooperative under a joint program established under s. 16.957 (5) (f).

AB302, s. 13 Section 13. 76.28 (1) (eg) of the statutes is repealed.

AB302, s. 14 Section 14. 76.28 (1) (gr) of the statutes is repealed.

AB302, s. 15 Section 15. 76.48 (1g) (d) of the statutes is amended to read:

AB302,6,13 76.48 (1g) (d) "Gross revenues" means total operating revenues, except revenues for interdepartmental sales and for interdepartmental rents, less deductions from the sales and use tax under s. 77.61 (4) and, in respect to any electric cooperative that purchases more than 50% of the power it sells, less the actual cost of power purchased for resale by an electric cooperative, if the revenue from that purchased electric power is included in the seller's gross revenues or if the electric cooperative purchased more than 50% of the power it sold in the year prior to January 1, 1988, from a seller located outside this state. For an electric cooperative, "gross revenues" does not include grants awarded to the electric cooperative under s. 16.958 (2) (b). For a retail electric cooperative, "gross revenues" does not include public benefits fees collected by the retail electric cooperative under s. 16.957 (5) (a), public benefits fees received by the retail electric cooperative from a retail electric cooperative or municipal utility under a joint program established under s. 16.957 (5) (f). For a wholesale supplier, as defined in s. 16.957 (1) (w), "gross revenues" does not include any public benefits fees that are received from a municipal utility, as defined in s. 16.957 (1) (q), or retail electric cooperative or under a joint program established under s. 16.957 (5) (f).

AB302, s. 16 Section 16. 76.48 (1g) (dm) of the statutes is repealed.

AB302, s. 17 Section 17. 76.48 (1g) (fm) of the statutes is repealed.

AB302, s. 18 Section 18. 77.54 (44) of the statutes is repealed.

AB302, s. 19 Section 19. 196.374 (1) of the statutes is repealed and recreated to read:

AB302,6,19 196.374 (1) In this section, "utility" means a Class A gas or electric utility, as defined by the commission.

AB302, s. 20 Section 20. 196.374 (2) of the statutes is repealed and recreated to read:

AB302,6,23 196.374 (2) Except as provided in sub. (2g), each utility shall spend annually at least 0.5% of its total annual operating revenues on programs designed to promote and accomplish energy conservation.

AB302, s. 21 Section 21. 196.374 (2g) of the statutes is created to read:

AB302,7,4 196.374 (2g) The commission may require a utility to spend annually under sub. (2) an amount that is more or less than 0.5% of its annual operating revenues if, after notice and hearing, the commission finds that the expenditure of such amount is in the public interest.

AB302, s. 22 Section 22. 196.374 (2r) of the statutes is created to read:

AB302,7,11 196.374 (2r) The commission may prescribe all or part of any program that is funded under sub. (2). The commission may require that a utility establish a program funded under sub. (2) that is applicable only to a group of consumers, including low-income utility customers, specified under guidelines established by the commission if the commission determines that the group has special energy conservation needs.

AB302, s. 23 Section 23. 196.374 (3) and (4) of the statutes are repealed.

AB302, s. 24 Section 24. 196.86 of the statutes is repealed.

AB302, s. 25 Section 25. 285.48 of the statutes is repealed.

AB302, s. 26 Section 26 . Nonstatutory provisions.

AB302,7,16 (1) Definitions. In this Section:

AB302,7,17 (a) "Commission" means the public service commission.

AB302,7,18 (b) "Department" means the department of administration.

AB302,7,19 (c) "Electric utility" has the meaning given in section 16.957 (1) (g), 1999 stats.

AB302,7,21 (d) "Municipal utility" has the meaning given in section 16.957 (1) (q), 1999 stats.

AB302,7,23 (e) "Retail electric cooperative" has the meaning given in section 16.957 (1) (t), 1999 stats.

AB302,7,24 (f) "Utility" has the meaning given in section 196.374 (1) (c), 1999 stats.

AB302,7,25 (2) Public benefits fee and contribution refunds.

AB302,8,8 (a) Each electric utility, municipal utility, and retail electric cooperative that has collected public benefits fees from customers or members under section 16.957 (4) (a), 1999 stats., or section 16.957 (5) (a), 1999 stats., or received contributions from customers or members under section 16.957 (2) (c) 4., 1999 stats., or section 16.957 (2) (d) 2., 1999 stats., and that has not paid the fees or contributions to the department shall, no later than the first day of the 3rd month beginning after the effective date of this paragraph, refund the fees or contributions to the customers or members.

AB302,8,23 (b) The department shall determine the percentage of public benefits fees and contributions that each electric utility, municipal utility, and retail electric cooperative has paid to the department under section 16.957 (4) (a), 1999 stats., or section 16.957 (5) (a), 1999 stats., or section 16.957 (2) (c) 4., 1999 stats., or section 16.957 (2) (d) 2., 1999 stats. From the appropriation under section 20.505 (10) (a) of the statutes, as created by this act, the department shall, no later than the first day of the 3rd month beginning after the effective date of this paragraph, pay to each electric utility, municipal utility, and retail electric cooperative an amount equal to the percentage determined under this paragraph multiplied by the difference between the amount transferred to the general fund under Section 27 (1 ) of this act and the aggregate amount that the commission has determined for all utilities under subsection (3) (a). No later than the first day of the 6th month beginning after the effective date of this paragraph, each electric utility, municipal utility, and retail electric cooperative shall refund to its customers and members the amount that it is paid by the department under this paragraph.

AB302,8,24 (3) Utility contribution refunds.

AB302,9,3 (a) The commission shall determine the amount transferred to the general fund under Section 27 (1) of this act that is attributable to contributions by each utility under section 196.374 (3), 1999 stats.

AB302,9,10 (b) From the appropriation under section 20.155 (1) (a) of the statutes, as created by this act, the commission shall, no later than the first day of the 3rd month beginning after the effective date of this paragraph, pay to each utility the amount that the commission has determined under paragraph (a) is attributable to the utility. A utility that receives a payment under this paragraph may use the payment only for purposes of complying with section 196.374 (2) of the statutes, as affected by this act.

AB302, s. 27 Section 27 . Appropriation changes.

AB302,9,14 (1) Utility public benefits fund. On the effective date of this subsection, the unencumbered balance in the utility public benefits fund immediately prior to the effective date of this subsection is transferred to the general fund.

AB302,9,15 (End)