44.73 (5) Notwithstanding pars. (b) and (c) subs. (1) and (2), technical college districts are not eligible to participate in the program established under par. (b)
sub. (1) before April 1, 1998. In consultation with the commission, the The board shall determine by April 1, 1998, whether there are sufficient moneys in the appropriation under s. 20.275 (1) (s) (t) to include technical college districts in the program established under par. (b)
sub. (1). If the board determines that there are sufficient moneys, technical college districts are eligible to participate in the program established under par. (b) sub. (1) beginning on April 1, 1998.
196.218 (4r) (g) of the statutes is renumbered 44.73 (6) and amended to read:
44.73 (6) From the appropriation under s. 20.275 (1)
(gf), (gh), (s) or (tm), the board may award an annual grant to a school district or private school that had in effect on October 14, 1997, a contract for access to a data line or video link, as documented by the commission board. The board shall determine the amount of the grant, which shall be equal to the cost incurred by the state to provide telecommunications access to a school district or private school under a contract entered into under s. 16.974 (7) (a) or (c) less the amount that the school district or private school would be paying under par. (c) 4. sub. (2) (d) if the school district or private school were participating in the program established under par. (b) sub. (1), except that the amount may not be greater than the cost that a school district or private school incurs under the contract in effect on October 14, 1997. A school district or private school receiving a grant under this paragraph subsection is not eligible to participate in the program under par. (b) sub. (1). No grant may be awarded under this paragraph subsection after June 30, 2002.
196.218 (4t) of the statutes is created to read:
196.218 (4t) Educational telecommunications access program rules. The commission, in consultation with the department of administration and the technology for educational achievement in Wisconsin board, shall promulgate rules specifying the telecommunications services eligible for funding through the educational telecommunications access program under s. 44.73.
196.218 (4u) of the statutes is created to read:
196.218 (4u) Medical telecommunications equipment program. From the appropriation under 20.155 (1) (q), the commission may spend up to $500,000 annually for grants to nonprofit medical clinics and public health agencies for the purchase of telecommunications equipment to be used in providing services to their clients. The commission shall promulgate rules establishing requirements and procedures for awarding grants under this subsection.
196.218 (5) (a) 3. of the statutes is repealed.
196.218 (5) (a) 5. of the statutes is amended to read:
196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 (7) to the extent that these costs are not paid under sub. (4r) (c) 4 s. 44.73 (2) (d).
196.218 (5) (a) 5m. of the statutes is created to read:
196.218 (5) (a) 5m. To provide statewide access, through the Internet, to periodical and reference information data bases.
196.218 (5) (a) 7. of the statutes is amended to read:
196.218 (5) (a) 7. To make grants awarded by the technology for educational achievement in Wisconsin board to school districts and private schools under sub. (4r) (g) s. 44.73 (6). This subdivision does not apply after June 30, 2002.
196.218 (5) (a) 8. of the statutes is created to read:
196.218 (5) (a) 8. To promote access to information and library services to blind and visually handicapped individuals.
196.218 (5) (a) 9. of the statutes is created to read:
196.218 (5) (a) 9. To make grants under sub. (4u).
196.218 (5) (a) 10. of the statutes is created to read:
196.218 (5) (a) 10. To provide administrative services under the rehabilitation teaching program for blind and visually impaired persons under s. 46.293.
196.218 (5) (d) of the statutes is created to read:
196.218 (5) (d) 1. In this paragraph, "Wisconsin works agency" has the meaning given in s. 49.001 (9).
2. The commission shall annually provide information booklets to all Wisconsin works agencies that describe the current assistance from the universal service fund that is available to low-income individuals who are served by the Wisconsin works agencies, including a description of how such individuals may obtain such assistance. The department of workforce development shall assist the commission in identifying the Wisconsin works agencies to which the commission is required to submit the information required under this subdivision.
196.218 (5m) of the statutes is amended to read:
196.218 (5m) Rule review. Except for rules promulgated under sub. (4r) (b), at At least biennially, the commission shall review and revise as appropriate rules promulgated under this section.
196.218 (5u) of the statutes is created to read:
196.218 (5u) Biennial budget request. The commission shall include in its biennial budget request under s. 16.42 a proposed budget for each individual program for which the commission proposes to expend moneys from the universal fund in the forthcoming biennium. A proposed budget under this subsection shall describe each program and identify the proposed expenditure amount for each program for each fiscal year of the biennium.
196.218 (6) (b) of the statutes is amended to read:
196.218 (6) (b) The universal service fund council shall advise the commission concerning the administration of this section and the content of rules promulgated under this section. This paragraph does not apply to the administration of sub. (4r) and rules promulgated under sub. (4r) (b).
196.31 (1) (intro.) of the statutes is amended to read:
196.31 (1) (intro.) In any proceeding before the commission, the commission may shall compensate any participant in the proceeding who is not a public utility, for some or all of the reasonable costs of participation in the proceeding if the commission finds that:
196.31 (1) (a) of the statutes is amended to read:
196.31 (1) (a) The participation is necessary to provide for the record an adequate presentation of a significant position in which the participant has a substantial interest, and that an adequate presentation would not be possible occur without a grant of compensation; or
196.374 of the statutes is repealed and recreated to read:
196.374 Low-income assistance, energy efficiency and other programs. (1) In this section:
(a) "Department" means the department of administration.
(b) "Fund" means the utility public benefits fund.
(c) "Utility" means a Class A gas or electric utility, as defined by the commission, but does not include a municipal utility, as defined in s. 16.957 (1) (q), a municipal electric company, as defined in s. 66.073 (3) (d), or a cooperative association organized under ch. 185.
(2) The commission shall determine the amount that each utility spent in 1998 on programs for each of the following:
(a) Low-income assistance, including low-income weatherization and writing off uncollectibles and arrearages.
(b) Energy conservation and efficiency.
(c) Environmental research and development.
(d) Renewable resources.
(3) In 2000, 2001 and 2002, the commission shall require each utility to spend a decreasing portion of the amount determined under sub. (2) on programs specified in sub. (2) and contribute the remaining portion of the amount to the commission for deposit in the fund. In each year after 2002, each utility shall contribute the entire amount determined under sub. (2) to the commission for deposit in the fund. The commission shall ensure in rate-making orders that a utility recovers from its ratepayers the amounts spent on programs or contributed to the fund under this subsection. The commission shall allow each utility the option of continuing to use, until January 1, 2002, the moneys that it has recovered under s. 196.374 (3), 1997 stats., to administer the programs that it has funded under s. 196.374 (1), 1997 stats.
The commission may allow each utility to spend additional moneys on the programs specified in sub. (2) if the utility otherwise complies with the requirements of this section and s. 16.957 (4).
(4) If the department notifies the commission under s. 16.957 (2) (b) 2. that the department has reduced funding for energy conservation and efficiency and renewable resource programs by an amount that is greater than the portion of the public benefits fee specified in s. 16.957 (4) (c) 2., the commission shall reduce the amount that utilities are required to spend on programs or contribute to the fund under sub. (3) by the portion of the reduction that exceeds the amount of public benefits fees specified in s. 16.957 (4) (c) 2.
196.378 of the statutes is created to read:
196.378 Renewable resources. (1) Definitions. In this section:
(a) "Biomass" means a resource that derives energy from wood or plant material or residue, biological waste, crops grown for use as a resource or landfill gases. "Biomass" does not include garbage, as defined in s. 289.01 (9), or nonvegetation-based industrial, commercial or household waste, except that "biomass" includes refuse-derived fuel used for a renewable facility that was in service in this state before January 1, 1998.
(am) "Biomass cofired facility" means a renewable facility in which biomass and conventional resources are fired together.
(b) "Conventional resource" means a resource that derives energy from coal, oil, nuclear power or natural gas, except for natural gas used in a fuel cell.
(bm) "Department" means the department of administration.
(c) "Electric provider" means an electric utility or retail electric cooperative.
(d) "Electric utility" means a public utility that sells electricity at retail. For purposes of this paragraph, a public utility is not considered to sell electricity at retail solely on the basis of its ownership or operation of a retail electric distribution system.
(e) "Excludable renewable energy" means the portion of an electric provider's total renewable energy that is supplied from renewable facilities that were placed in service before January 1, 1998, and that, before January 1, 1998, derived electricity from hydroelectric power, even if the output of the renewable facilities is used to satisfy requirements under federal law.
(f) "Nonsystem renewable energy" means the amount of electricity that an electric provider sells to its retail customers or members and that is supplied or allocated under executed wholesale purchase contracts from renewable facilities that are not owned or operated by the electric provider. "Nonsystem renewable energy" does not include any electricity that is not used to satisfy the electric provider's retail load obligations.
(g) "Renewable facility" means an installed and operational electric generating facility in which electricity is derived from a renewable resource. "Renewable facility" includes a facility the installation or operation of which is required under federal law, but does not include a facility the installation or operation of which is required under the laws of another state even if the installation or operation of the facility is also required under federal law.
(h) "Renewable resource" means any of the following:
1. A resource that derives electricity from any of the following:
a. A fuel cell that uses, as determined by the commission, a renewable fuel.
b. Tidal or wave action.
c. Solar thermal electric or photovoltaic energy.
d. Wind power.
e. Geothermal technology.
1m. A resource with a capacity of less than 60 megawatts that derives electricity from hydroelectric power.
2. Any other resource, except a conventional resource, that the commission designates as a renewable resource in rules promulgated under sub. (4).
(i) "Renewable resource credit" means a credit calculated in accordance with rules promulgated under sub. (3) (a).
(j) "Resource" means a source of energy used to generate electric power.
(k) "Retail electric cooperative" means a cooperative association organized under ch. 185 that sells electricity at retail to its members only. For purposes of this paragraph, a cooperative association is not considered to sell electricity at retail solely on the basis of its ownership or operation of a retail electric distribution system.
(n) "System renewable energy" means the amount of electricity that an electric provider sells to its retail customers or members and that is supplied by renewable facilities owned or operated by the electric provider.
(o) "Total renewable energy" means the sum of an electric provider's system and nonsystem renewable energy.
(2) Renewable resource energy. (a) Each electric provider shall provide to its retail electric customers or members total renewable energy in at least the following percentages of its total retail electric sales, either directly or through renewable resource credits from another electric provider:
1. By December 31, 2001, 0.5%.
2. By December 31, 2003, 0.85%.
3. By December 31, 2005, 1.2%.
4. By December 31, 2007, 1.55%.
5. By December 31, 2009, 1.9%.
6. By December 31, 2011, 2.2%.
(b) For purposes of determining compliance with par. (a):
1. Total retail electric sales shall be calculated on the basis of an average of an electric provider's retail electric sales in this state during the prior 3 years.
2. The amount of electricity supplied by a biomass cofired facility that may be counted toward satisfying the requirements of par. (a) shall be an amount equal to the product of the maximum amount of electricity that the facility is capable of generating and the ratio of the energy content of the biomass fuels to the energy content of both the biomass and conventional resources.
3. Any excludable renewable energy that exceeds 0.6% of an electric provider's total retail electric sales shall be excluded from the electric provider's total renewable energy.
4. The members of a municipal electric company, as defined in s. 66.073 (3) (d), may aggregate and allocate renewable energy among themselves.
(c) No later than April 15 annually, an electric provider shall submit a report to the department that describes the electric provider's compliance with par. (a). Reports under this paragraph may include certifications from wholesale suppliers regarding the sources and amounts of energy supplied to an electric provider. The department may specify the documentation that is required to be included with reports submitted under this paragraph.
(d) The commission shall allow an electric utility to recover from ratepayers the cost of providing total renewable energy to its retail customers in amounts that equal or exceed the percentages specified in par. (a). Subject to any approval of the commission that is necessary, an electric utility may recover costs under this paragraph by any of the following methods:
1. Allocating the costs equally to all customers on a kilowatt-hour basis.
2. Establishing alternative price structures, including price structures under which customers pay a premium for renewable energy.
3. Any combination of the methods specified in subds. 1. and 2.