Amendment SSA1-SB614

SB614-SSA1,45,15 196.66 (2) Each day separate offense. Every day during which any public utility, regulated district or any officer, agent, as defined in sub. (3) (a), or employe of a public utility or regulated district fails to comply with any order or direction of the commission or to perform any duty enjoined by this chapter or ch. 197 shall constitute a separate and distinct violation under sub. (1). If the order is suspended, stayed or enjoined, this penalty shall not accrue.

SB614-SSA1, s. 141 Section 141. 196.66 (3) (a) of the statutes is amended to read:

SB614-SSA1,45,19 196.66 (3) (a) In this subsection, "agent" means an authorized person who acts on behalf of or at the direction of a public utility or a regulated district. "Agent" does not include a director, officer or employe of a public utility or a regulated district.

SB614-SSA1, s. 142 Section 142. 196.66 (3) (b) (intro.) of the statutes is amended to read:

SB614-SSA1,45,24 196.66 (3) (b) (intro.) A court imposing a forfeiture on a public utility, regulated district or an agent, director, officer or employe of a public utility or an agent, commissioner, officer or employe of a regulated district under this chapter shall consider all of the following in determining the amount of the forfeiture:

SB614-SSA1, s. 143 Section 143. 196.66 (3) (b) 1. of the statutes is amended to read:

SB614-SSA1,46,2 196.66 (3) (b) 1. The appropriateness of the forfeiture to the volume of business of the public utility or regulated district.

SB614-SSA1, s. 144 Section 144. 196.66 (3) (b) 3. of the statutes is amended to read:

SB614-SSA1,46,6 196.66 (3) (b) 3. Any good faith attempt to achieve compliance after the public utility, regulated district, agent, director, commissioner, officer or employe receives notice of the violation.

SB614-SSA1, s. 145 Section 145. 196.66 (4) (b) of the statutes is amended to read:

SB614-SSA1,46,11 196.66 (4) (b) If a public utility or a regulated district fails to comply with any rule, order or direction of the commission after actual receipt by the public utility or regulated district of written notice from the commission specifying the failure, the maximum forfeiture under sub. (1) shall be $15,000.

SB614-SSA1, s. 146 Section 146. 196.68 of the statutes is amended to read:

SB614-SSA1,46,21 196.68 Municipal officers, malfeasance. If any officer of a regulated district or of a municipality which owns or operates a public utility does, causes or permits to be done any matter, act or thing prohibited or declared to be unlawful under this chapter or ch. 197 or omits, fails, neglects or refuses to perform any duty which is enjoined upon him or her and which relates directly or indirectly to the enforcement of this chapter and ch. 197, or if the officer omits, fails, neglects or refuses to obey any lawful requirement or order of the commission or any judgment or decree of a court upon its application, for every such violation, failure or refusal the officer shall forfeit not less than $50 nor more than $2,500.

SB614-SSA1, s. 147 Section 147. 196.69 of the statutes is amended to read:

SB614-SSA1,47,6 196.69 Interference with commission's equipment. (1) If any person destroys, injures or interferes with any apparatus or appliance owned, in the charge of or operated by the commission or its agent, the person shall be fined not more than $5,000 or imprisoned for not more than 30 days or both if the person is a public utility, regulated district or an agent, as defined in s. 196.66 (3) (a), fined not more than $2,500 or imprisoned for not more than 30 days or both if the person is a director or officer of a public utility or a commissioner or officer of a regulated district, or fined not more than $1,000 or imprisoned for not more than 30 days or both if the person is an employe of a public utility or a regulated district.

SB614-SSA1,47,8 (2) Any public utility or regulated district permitting a violation of this section shall forfeit not more than $5,000 for each offense.

SB614-SSA1, s. 148 Section 148. 196.70 of the statutes is amended to read:

SB614-SSA1,47,16 196.70 Temporary alteration or suspension of rates. (1) The commission, when it deems necessary to prevent injury to the business or interests of the people or any public utility or regulated district in case of any emergency to be judged of by the commission, may by order temporarily alter, amend, or with the consent of the public utility or regulated district concerned, suspend any existing rates, schedules and order relating to or affecting any public utility, regulated district or part of any public utility or regulated district.

SB614-SSA1,47,19 (2) The commission may direct an order under sub. (1) to part of a public utility or regulated district or to one or more public utilities or regulated districts and may prescribe when the order takes effect and for how long the order shall be in effect.

SB614-SSA1, s. 149 Section 149. 196.72 (title) of the statutes is amended to read:

SB614-SSA1,47,21 196.72 (title) Accidents; public utility report; investigation.

SB614-SSA1, s. 150 Section 150. 196.72 (1) (a) of the statutes is amended to read:

SB614-SSA1,48,2 196.72 (1) (a) The commission may issue orders or rules, after hearing, requiring public utilities and regulated districts to record or report accidents which occur upon the public utilities' premises of public utilities or regulated districts or which arise directly or indirectly from, or are connected with, the public utilities' maintenance or operation of the public utilities or regulated districts.

SB614-SSA1, s. 151 Section 151. 196.72 (2) of the statutes is amended to read:

SB614-SSA1,48,9 196.72 (2) The commission shall investigate any accident under sub. (1) if the commission deems that the public interest requires it. The commission shall hold the investigation in the locality of the accident, unless it is more convenient to hold it at some other place. The commission may adjourn the investigation from place to place. The commission shall give the public utility or regulated district reasonable notice of the time and place of the investigation.

SB614-SSA1, s. 152 Section 152. 196.78 of the statutes is amended to read:

SB614-SSA1,48,18 196.78 Voluntary dissolution. No corporation or limited liability company owning or operating a public utility may be dissolved unless the commission consents. A regulated district may not dissolve unless both the commission and the department of natural resources consent to its dissolution. The commission may consent only after hearing. The commission shall give at least 30 days' notice to each municipality in which the public utility or regulated district is operated and an opportunity to be heard to each municipality and to the stockholders in the corporation or members of a limited liability company.

SB614-SSA1, s. 153 Section 153. 196.79 (1) of the statutes is amended to read:

SB614-SSA1,48,25 196.79 (1) Except as provided in sub. (2), the reorganization of any public utility shall be or regulated district is subject to the supervision and control of the commission. No reorganization may take effect without the written approval of the commission. The commission may not approve any plan of reorganization unless the applicant for approval establishes that the plan of reorganization is consistent with the public interest.

SB614-SSA1, s. 154 Section 154. 196.80 (1s) of the statutes is created to read:

SB614-SSA1,49,3 196.80 (1s) With the consent and approval of the commission but not otherwise a regulated district may:

SB614-SSA1,49,4 (b) Acquire the stock of a public utility or any part thereof.

SB614-SSA1,49,6 (e) Sell, acquire, lease or rent any regulated district plant or property constituting an operating unit or system.

SB614-SSA1, s. 155 Section 155. 196.80 (3) of the statutes is amended to read:

SB614-SSA1,49,18 196.80 (3) The interested public utility or regulated district shall make an application for the approval and consent of the commission under this section. The application shall contain a concise statement of the proposed action, the reasons for the action and any other information required by the commission. If an application is filed, the commission shall investigate the application. The investigation may be with or without public hearing. If the commission conducts a public hearing, the hearing shall be upon such notice as the commission may require. If the commission finds that the proposed action is consistent with the public interest, it shall give its consent and approval in writing. In reaching its determination the commission shall take into consideration the reasonable value of the property and assets of the corporation to be acquired or merged.

SB614-SSA1, s. 156 Section 156. 196.81 (1) of the statutes is amended to read:

SB614-SSA1,50,2 196.81 (1) No A public utility or regulated district may not abandon or discontinue any line or extension or service thereon without first securing the approval of the commission. In granting its approval, the commission may impose any term, condition or requirement it deems necessary to protect the public interest. If a public utility or regulated district abandons or discontinues a line or extension or service thereon upon receiving commission approval, the public utility shall be deemed to have waived or regulated district waives any objection to any term, condition or requirement imposed by the commission in granting the approval.

SB614-SSA1, s. 157 Section 157. 196.85 (1) of the statutes is amended to read:

SB614-SSA1,51,3 196.85 (1) If the commission in a proceeding upon its own motion, on complaint, or upon an application to it deems it necessary in order to carry out the duties imposed upon it by law to investigate the books, accounts, practices and activities of, or make appraisals of the property of any public utility, regulated district, power district or sewerage system or to render any engineering or accounting services to any public utility, regulated district, power district or sewerage system, the public utility, regulated district, power district or sewerage system shall pay the expenses attributable to the investigation, including the cost of litigation, appraisal or service. The commission shall mail a bill for the expenses to the public utility, regulated district, power district or sewerage system either at the conclusion of the investigation, appraisal or services, or during its progress. The bill constitutes notice of the assessment and demand of payment. The public utility, regulated district, power district or sewerage system shall, within 30 days after the mailing of the bill pay to the commission the amount of the special expense for which it is billed. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (1) (g). The total amount in any one calendar year for which any public utility, regulated district, power district or sewerage system is liable, by reason of costs incurred by the commission within the calendar year, including charges under s. 184.10 (3), may not exceed four-fifths of one percent of its gross operating revenues derived from intrastate operations in the last preceding calendar year. Nothing in this subsection shall prevent the commission from rendering bills in one calendar year for costs incurred within a previous year. For the purpose of calculating the costs of investigations, appraisals and other services under this subsection, 90% of the costs determined shall be costs of the commission and 10% of the costs determined shall be costs of state government operations.

SB614-SSA1, s. 158 Section 158. 196.85 (2) of the statutes is amended to read:

SB614-SSA1,52,4 196.85 (2) The commission shall annually, within 90 days of the commencement of each fiscal year, calculate the total of its expenditures during the prior fiscal year which are reasonably attributable to the performance of its duties relating to public utilities, regulated districts, sewerage systems and power districts under this chapter and chs. 66, 184 and 198 and expenditures of the state for state government operations to support the performance of such duties. For purposes of such calculation, 90% of the expenditures so determined shall be expenditures of the commission and 10% of the expenditures so determined shall be expenditures for state government operations. The commission shall deduct from this total all amounts chargeable to public utilities, regulated districts, sewerage systems and power districts under sub. (1) and s. 184.10 (3). The commission shall assess a sum equal to the remainder plus 10% of the remainder to the public utilities , regulated districts and power districts in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. If, at the time of payment, the prior year's expenditures made under this section exceeded the payment made under this section in the prior year, the commission shall charge the remainder to the public utilities, regulated districts and power districts in proportion to their gross operating revenues during the last calendar year. If, at the time of payment it is determined that the prior year's expenditures made under this section were less than the payment made under this section in the prior year, the commission shall credit the difference to the current year's payment. The assessment shall be paid within 30 days after the bill has been mailed to the public utilities, regulated districts and power districts. The bill constitutes notice of the assessment and demand of payment. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (1) (g).

SB614-SSA1, s. 159 Section 159. 196.85 (3) of the statutes is amended to read:

SB614-SSA1,52,19 196.85 (3) If any public utility, regulated district, sewerage system or power district is billed under sub. (1) or (2) and fails to pay the bill within 30 days or fails to file objections to the bill with the commission, as provided in this subsection, the commission shall transmit to the state treasurer a certified copy of the bill, together with notice of failure to pay the bill, and on the same day the commission shall mail by registered mail to the public utility, regulated district, sewerage system or power district a copy of the notice which it has transmitted to the state treasurer. Within 10 days after the receipt of notice and certified copy of the bill the state treasurer shall levy the amount stated on the bill to be due, with interest, by distress and sale of any property, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to the delinquent public utility, regulated district, sewerage system or power district. The levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the state treasurer and that goods and chattels anywhere within the state may be levied upon.

SB614-SSA1, s. 160 Section 160. 196.85 (4) (a) of the statutes is amended to read:

SB614-SSA1,53,6 196.85 (4) (a) Within 30 days after the date of the mailing of any bill under subs. (1) and (2) the public utility, regulated district, sewerage system or power district that has been billed may file with the commission objections setting out in detail the grounds upon which the objector regards the bill to be excessive, erroneous, unlawful or invalid. The commission, after notice to the objector, shall hold a hearing upon the objections, from 5 to 10 days after providing the notice. If after the hearing the commission finds any part of the bill to be excessive, erroneous, unlawful or invalid it shall record its findings upon its minutes and transmit to the objector by registered mail an amended bill, in accordance with the findings. The amended bill shall have the same force and effect under this section as an original bill rendered under subs. (1) and (2).

SB614-SSA1, s. 161 Section 161. 196.85 (5) of the statutes is amended to read:

SB614-SSA1,53,18 196.85 (5) No suit or proceeding may be maintained in any court to restrain or delay the collection or payment of any bill rendered under subs. (1) and (2). Every public utility, regulated district, sewerage system or power district that is billed shall pay the amount of the bill, and after payment may in the manner provided under this section, at any time within 2 years from the date the payment was made, sue the state to recover the amount paid plus interest from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful or invalid in whole or in part. If the court finds that any part of the bill for which payment was made was excessive, erroneous, unlawful or invalid, the state treasurer shall make a refund to the claimant as directed by the court. The refund shall be charged to the appropriations to the commission.

SB614-SSA1, s. 162 Section 162. Nonstatutory provisions; natural resources.

SB614-SSA1,53,24 (1)  Rule making. The department of natural resources shall submit in proposed form any rules necessary to implement the memorandum of understanding under section 196.025 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 19th month beginning after the effective date of this subsection.

SB614-SSA1, s. 163 Section 163 . Nonstatutory provisions; public service commission.

SB614-SSA1,54,1 (1) Initial filings of rates and schedules.

SB614-SSA1,54,6 (a)   Notwithstanding section 196.19 of the statutes, as affected by this act, a regulated district, as defined in section 196.01 (6m) of the statutes, as created by this act, is not required to file the schedule of rates, tolls and charges under section 196.19 of the statutes, as affected by this act, within the first 90 days after the effective date of this paragraph.

SB614-SSA1,54,12 (b)  No later than 90 days after the effective date of this paragraph, a regulated district, as defined in section 196.01 (6m) of the statutes, as created by this act, shall file its initial schedule of rates, tolls and charges under section 196.19 of the statutes, as affected by this act. The initial filing of the schedule under this paragraph shall be treated as a change constituting an increase in rates under sections 196.03, 196.20 and 196.37 of the statutes, as affected by this act.

SB614-SSA1,54,16 (c) Notwithstanding section 196.19 of the statutes, as affected by this act, rates of a regulated district that are in effect on the effective date of paragraph may continue in effect until the public service commission completes its review of the initial filing of the schedule under paragraph (b ).

SB614-SSA1,54,19 (d) No later than 18 months after the effective date of this paragraph, the public service commission shall complete its review of the initial filing of the schedule under paragraph (b).

SB614-SSA1,54,20 (2)  Rule making.

SB614-SSA1,54,24 (a) The public service commission shall submit in proposed form the rules required under section 196.49 (3) (e) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this paragraph.

SB614-SSA1,55,5 (b) The public service commission shall submit in proposed form any rules necessary to implement the memorandum of understanding under section 196.025 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 19th month beginning after the effective date of this paragraph.

SB614-SSA1,55,9 (3)  Effect on pending complaints. This act does not divest the public service commission of jurisdiction over, or change the standards to be applied in, any complaint pending with the public service commission on the effective date of this subsection.

SB614-SSA1,55,17 (4) Public service commission study. The public service commission shall study the likely effects of any sale or lease of the assets of a metropolitan sewerage district created under section 66.882 of the statutes on the rates charged for sewerage services in the metropolitan sewerage district. No later than 6 months after the public service commission completes its review of the initial filing of the schedule under subsection (1) (b), the public service commission shall report the results of its study to the legislature in the manner provided under section 13.172 (2) of the statutes, to the metropolitan sewerage district and to the governor.

SB614-SSA1,55,23 (5)   Project position authorization. The authorized FTE positions for the public service commission are increased by 1.0 PR project position to support the public service commission's regulatory responsibilities associated with regulated districts, as defined under section 196.01 (6m) of the statutes, as created by this act, for the period beginning on July 1, 1996, and ending on June 30, 1998, to be funded from the appropriation under section 20.155 (1) (g) of the statutes.

SB614-SSA1, s. 164 Section 164. Appropriation changes.

SB614-SSA1,56,8 (1) Permanent position authorizations and funding. In the schedule under section 20.005 (3) of the statutes for the appropriation to the public service commission under section 20.155 (1) (g) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $230,100 for fiscal year 1996-97 to increase the authorized FTE positions for the public service commission by 5.0 PR positions to support the public service commission's regulatory responsibilities associated with regulated districts, as defined under section 196.01 (6m) of the statutes, as created by this act. 

SB614-SSA1,56,13 (2) Project position funding. In the schedule under section 20.005 (3) of the statutes for the appropriation to the public service commission under section 20.155 (1) (g) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $43,400 for fiscal year 1996-97 to fund 1.0 PR project position authorized under Section 163 (5) of this act. 

SB614-SSA1,56,19 (3)  Regulation of regulated districts. In the schedule under section 20.005 (3) of the statutes for the appropriation to the public service commission under section 20.155 (1) (g) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $164,800 for fiscal year 1996-97 for the purpose of performing the public service commission's regulatory responsibilities associated with regulated districts, as defined under section 196.01 (6m) of the statutes, as created by this act.

SB614-SSA1,56,25 (4) Intervenor financing. In the schedule under section 20.005 (3) of the statutes for the appropriation to the public service commission under section 20.155 (1) (j) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $50,000 for fiscal year 1996-97 to provide intervenor financing for proceedings relating to regulated districts, as defined under section 196.01 (6m) of the statutes, as created by this act.

SB614-SSA1, s. 165 Section 165. Initial applicability.

SB614-SSA1,57,4 (1) Change, amendment and recision of orders. The treatment of section 196.39 of the statutes first applies to orders issued on the effective date of this subsection. 

SB614-SSA1, s. 166 Section 166 . Effective dates. This act takes effect on the first day of the first month beginning after the public service commission issues a final order in Investigation of Complaint Concerning the Rates and Practices of the Milwaukee Metropolitan Sewerage District, Docket Number 9308-SR-102, but not earlier than July 1, 1996, or on January 1, 1997, whichever is earlier, except as follows:

SB614-SSA1,57,12 (1) The repeal and recreation of section 196.44 (2) of the statutes takes effect on October 1, 1996, or on the general effective date of the act under Section 166 (intro.), whichever is later.

SB614-SSA1,57,14 (2) The treatment of section 196.06 of the statutes takes effect on July 1, 1997, or on the first day of the 13th month beginning after publication, whichever is later.

SB614-SSA1,57,15 (End)