Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,25,5 54. Page 40, line 17: delete lines 17 to 25.

AB133-ASA1-CA1,25,6 55. Page 41, line 1: delete lines 1 to 4.

AB133-ASA1-CA1,25,7 56. Page 41, line 5: delete lines 5 to 18.

AB133-ASA1-CA1,25,8 57. Page 43, line 7: after that line insert:

AB133-ASA1-CA1,25,9 " Section 65d. 16.385 (7) of the statutes is amended to read:

AB133-ASA1-CA1,25,14 16.385 (7) Individuals in state prisons or secured juvenile facilities. No payment under sub. (6) may be made to a prisoner who is imprisoned in a state prison under s. 302.01 or to a person placed at a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p).".

AB133-ASA1-CA1,25,15 58. Page 44, line 1: delete lines 1 to 19.

AB133-ASA1-CA1,25,16 59. Page 44, line 19: after that line insert:

AB133-ASA1-CA1,25,17 " Section 70m. 16.50 (5m) of the statutes is amended to read:

AB133-ASA1-CA1,25,19 16.50 (5m) University indirect cost reimbursements. Subsections (2) to (5) do not apply to expenditures authorized under s. 20.285 (2) (i) 2.".

AB133-ASA1-CA1,25,21 60. Page 45, line 13: delete the material beginning with that line and ending with page 46, line 2, and substitute:

AB133-ASA1-CA1,25,22 " Section 78t. 16.54 (11m) of the statutes is created to read:

AB133-ASA1-CA1,26,4 16.54 (11m) All moneys received by the state as national forest income under 16 USC 500 shall be distributed to school districts that contain national forest lands within their boundaries. The distribution to each school district shall reflect the proportion of national forest acreage located within the school district.".

AB133-ASA1-CA1,26,5 61. Page 47, line 18: after that line insert:

AB133-ASA1-CA1,26,6 " Section 81g. 16.70 (13m) of the statutes is created to read:

AB133-ASA1-CA1,26,10 16.70 (13m) "Remanufacturing" means the process by which a durable product is restored, retaining the bulk of components that have been through at least one life cycle and replacing consumable portions to enable the product to be restored to its originally intended function.".

AB133-ASA1-CA1,26,11 62. Page 48, line 14: after that line insert:

AB133-ASA1-CA1,26,12 " Section 82pm. 16.72 (2) (e) of the statutes is renumbered 16.72 (2) (e) 1.

AB133-ASA1-CA1, s. 82pr Section 82pr. 16.72 (2) (e) 2. of the statutes is created to read:

AB133-ASA1-CA1,26,16 16.72 (2) (e) 2. a. In this subdivision, "toner cartridge" means a cartridge containing dry, powdered ink for application to paper by use of a photocopier, laser printer or similar device.

AB133-ASA1-CA1,27,3 b. In writing specifications for purchases under this section, the department, any other designated purchasing agent under s. 16.71 (1) and each authority, other than the University of Wisconsin Hospitals and Clinics Authority, shall ensure that the specifications prohibit the procurement of a toner cartridge whose original manufacturer places restrictions on the remanufacturing of the toner cartridge by any person other than the original manufacturer. Restrictions on remanufacturing include reducing the price of the toner cartridge in exchange for an agreement not to remanufacture the toner cartridge, a licensing agreement on the toner cartridge that forbids remanufacturing and any contract that forbids the remanufacturing or recycling of a toner cartridge. Trade names may be used in specifications written under this subdivision.".

AB133-ASA1-CA1,27,4 63. Page 48, line 15: after that line insert:

AB133-ASA1-CA1,27,5 " Section 84m. 16.74 (5m) of the statutes is created to read:

AB133-ASA1-CA1,27,16 16.74 (5m) In writing specifications for purchases under this section, the joint committee on legislative organization, house, legislative service agency, director of state courts or judicial branch agency shall ensure that specifications include a prohibition against the purchase of a toner cartridge, as defined in s. 16.72 (2) (e) 2. a., whose original manufacturer places restrictions on the remanufacturing of the toner cartridge by any person other than the original manufacturer. Restrictions on remanufacturing include reducing the price of the toner cartridge in exchange for an agreement not to remanufacture the toner cartridge, a licensing agreement on the toner cartridge that forbids remanufacturing and any contract that forbids the remanufacturing or recycling of a toner cartridge. Trade names may be used in specifications written under this subsection.".

AB133-ASA1-CA1,27,17 64. Page 51, line 20: after that line insert:

AB133-ASA1-CA1,27,18 " Section 105e. 16.853 of the statutes is created to read:

AB133-ASA1-CA1,27,24 16.853 Grant to Heritage Military Music Foundation. If the Heritage Military Music Foundation requests the department to review an estimate of the cost of improvements to its building in the city of Watertown, the department shall review the estimate. If the department approves the estimate, the department shall provide a grant to the foundation in the amount of $85,300 for the purpose of making improvements to that building.

AB133-ASA1-CA1, s. 105f Section 105f. 16.853 of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.".

AB133-ASA1-CA1,28,3 65. Page 54, line 4: after that line insert:

AB133-ASA1-CA1,28,4 " Section 109m. 16.957 of the statutes is created to read:

AB133-ASA1-CA1,28,5 16.957 Utility public benefits. (1) Definitions. In this section:

AB133-ASA1-CA1,28,6 (bm) "Commission" means the public service commission.

AB133-ASA1-CA1,28,9 (c) "Commitment to community program" means a program by a municipal utility or retail electric cooperative for low-income assistance or an energy conservation program by a municipal utility or retail electric cooperative.

AB133-ASA1-CA1,28,11 (cm) "Council" means the council on utility public benefits created under s. 15.107 (17).

AB133-ASA1-CA1,28,14 (d) "Customer application of renewable resources" means the generation of electricity from renewable resources that takes place on the premises of a customer or member of an electric provider.

AB133-ASA1-CA1,28,15 (e) "Division of housing" means the division of housing in the department.

AB133-ASA1-CA1,28,16 (f) "Electric provider" means an electric utility or retail electric cooperative.

AB133-ASA1-CA1,28,18 (g) "Electric utility" means a public utility that owns or operates a retail electric distribution system.

AB133-ASA1-CA1,28,20 (h) "Energy conservation program" means a program for reducing the demand for natural gas or electricity or improving the efficiency of its use during any period.

AB133-ASA1-CA1,28,21 (i) "Fiscal year" has the meaning given in s. 655.001 (6).

AB133-ASA1-CA1,28,24 (k) "Local unit of government" means the governing body of any county, city, town, village or county utility district or the elected tribal governing body of a federally recognized American Indian tribe or band.

AB133-ASA1-CA1,29,3 (L) "Low-income assistance" means assistance to low-income households for weatherization and other energy conservation services, payment of energy bills or early identification or prevention of energy crises.

AB133-ASA1-CA1,29,8 (m) "Low-income household" means any individual or group of individuals in this state who are living together as one economic unit and for whom residential electricity is customarily purchased in common or who make undesignated payments for electricity in the form of rent, and whose household income is not more than 150% of the poverty line as determined under 42 USC 9902 (2).

AB133-ASA1-CA1,29,13 (n) "Low-income need" means the amount obtained by subtracting from the total low-income energy bills in a fiscal year the product of 2.2% of the estimated average annual income of low-income households in this state in that fiscal year multiplied by the estimated number of low-income households in this state in that fiscal year.

AB133-ASA1-CA1,29,16 (o) "Low-income need percentage" means the percentage that results from dividing the sum of the following by the amount of low-income need in fiscal year 1998-99:

AB133-ASA1-CA1,29,18 1. The total amount received by the department for low-income funding under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 in fiscal year 1997-98.

AB133-ASA1-CA1,29,22 1m. The amount of the portion of the public benefits fee for fiscal year 1999-2000 that is specified in sub. (4) (c) 1. The amount specified in this subdivision shall not be subject to the reduction under 1999 Wisconsin Act .... (this act), section 9101 (1zv) (a).

AB133-ASA1-CA1,29,24 2. The total amount expended by utilities under s. 196.374 related to low-income assistance.

AB133-ASA1-CA1,30,4 3. Fifty percent of the amount of public benefits fees that municipal utilities and retail electric cooperatives are required to charge under sub. (5) (a) in fiscal year 1999-2000. The amount specified in this subdivision shall not be subject to the reduction under 1999 Wisconsin Act .... (this act), section 9101 (1zv) (c).

AB133-ASA1-CA1,30,6 (p) "Low-income need target" means the product of the low-income need percentage multiplied by low-income need in a fiscal year.

AB133-ASA1-CA1,30,8 (q) "Municipal utility" means an electric utility that is owned wholly by a municipality and that owns a retail distribution system.

AB133-ASA1-CA1,30,9 (qm) "Public utility" has the meaning given in s. 196.01 (5).

AB133-ASA1-CA1,30,10 (r) "Renewable resource" has the meaning given in s. 196.378 (1) (h).

AB133-ASA1-CA1,30,15 (s) "Retail capacity" means the total amount of electricity that an electric provider is capable of delivering to its retail customers or members and that is supplied by electric generating facilities owned or operated by the electric provider or any other person. "Retail capacity" does not include any electricity that is not used to satisfy the electric provider's retail load obligations.

AB133-ASA1-CA1,30,18 (t) "Retail electric cooperative" means a cooperative association that is organized under ch. 185 for the purpose of providing electricity at retail to its members only and that owns or operates a retail electric distribution system.

AB133-ASA1-CA1,30,21 (u) "Total low-income energy bills" means the total estimated amount that all low-income households are billed for residential electricity, natural gas and heating fuel in a fiscal year.

AB133-ASA1-CA1,30,24 (v) "Wholesale electric cooperative" means a cooperative association that is organized under ch. 185 for the purpose of providing electricity at wholesale to its members only.

AB133-ASA1-CA1,31,3 (w) "Wholesale supplier" means a wholesale electric cooperative or a municipal electric company, as defined in s. 66.073 (3) (d), that supplies electricity at wholesale to a municipal utility or retail electric cooperative.

AB133-ASA1-CA1,31,6 (x) "Wholesale supply percentage" means the percentage of a municipal utility's or retail electric cooperative's retail capacity in a fiscal year that is supplied by a wholesale supplier.

AB133-ASA1-CA1,31,8 (2) Department duties. In consultation with the council, the department shall do all of the following:

AB133-ASA1-CA1,31,14 (a) Low-income programs. After holding a hearing, establish programs to be administered by the department through the division of housing for awarding grants from the appropriation under s. 20.505 (10) (r) to provide low-income assistance. In each fiscal year, the amount awarded under this paragraph shall be sufficient to ensure that an amount equal to 47% of the sum of the following is spent for weatherization and other energy conservation services:

AB133-ASA1-CA1,31,16 1. All moneys received from the federal government under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 in a fiscal year.

AB133-ASA1-CA1,31,18 2. All moneys spent in a fiscal year for low-income programs established under s. 196.374.

AB133-ASA1-CA1,31,20 3. All moneys spent in a fiscal year on programs established under this paragraph.

AB133-ASA1-CA1,31,21 4. Fifty percent of the moneys collected in public benefits fees under sub. (5).

AB133-ASA1-CA1,31,24 (b) Energy conservation and efficiency and renewable resource programs. 1. Subject to subd. 2., after holding a hearing, establish programs for awarding grants from the appropriation under s. 20.505 (10) (s) for each of the following:

AB133-ASA1-CA1,32,7 a. Proposals for providing energy conservation or efficiency services. In awarding grants under this subd. 1. a., the department shall give priority to proposals directed at the sectors of energy conservation or efficiency markets that are least competitive and at promoting environmental protection, electric system reliability or rural economic development. In each fiscal year, 1.75% of the appropriation under s. 20.505 (10) (s) shall be awarded in grants for research and development proposals regarding the environmental impacts of the electric industry.

AB133-ASA1-CA1,32,13 b. Proposals for encouraging the development or use of customer applications of renewable resources, including educating customers or members about renewable resources or encouraging uses of renewable resources by customers or members or encouraging research technology transfers. In each fiscal year, the department shall ensure that 4.5% of the appropriation under s. 20.505 (10) (s) is awarded in grants under this subd. 1. b.

AB133-ASA1-CA1,32,21 2. For each fiscal year after fiscal year 2003-04, determine whether to continue, discontinue or reduce any of the programs established under subd. 1. and determine the total amount necessary to fund the programs that the department determines to continue or reduce under this subdivision. The department shall notify the commission if the department determines under this subdivision to reduce funding by an amount that is greater than the portion of the public benefits fee specified in sub. (4) (c) 2. The notice shall specify the portion of the reduction that exceeds the amount of public benefits fees specified in sub. (4) (c) 2.

AB133-ASA1-CA1,32,22 (c) Rules. Promulgate rules establishing all of the following:

AB133-ASA1-CA1,33,2 1. Eligibility requirements for low-income assistance under programs established under par. (a). The rules shall prohibit a person who receives low-income assistance from a municipal utility or retail electric cooperative under a program specified in sub. (5) (d) 2. b. or 3. a. from receiving low-income assistance under programs established under par. (a).

AB133-ASA1-CA1,33,4 2. Requirements and procedures for applications for grants awarded under programs established under par. (a) or (b) 1.

AB133-ASA1-CA1,33,6 2m. Criteria for the selection of proposals by a corporation specified in sub. (3) (b).

AB133-ASA1-CA1,33,10 2n. Criteria for making the determination under par. (b) 2. Rules promulgated under this subdivision shall require the department to determine whether the need for a program established under par. (b) 1. is satisfied by the private sector market and, if so, whether the program should be discontinued or reduced.

AB133-ASA1-CA1,33,21 4. Requirements for electric utilities to allow customers to include voluntary contributions to assist in funding a program established under par. (a) or (b) 1. with bill payments for electric service. The rules may require an electric utility to provide a space on an electric bill in which a customer may indicate the amount of a voluntary contribution and the customer's preference regarding whether a contribution should be used for a program established under par. (a) or (b) 1. a. or b. The rules shall establish requirements and procedures for electric utilities to pay to the department any voluntary contributions included with bill payments and to report to the department customer preferences regarding use of the contributions. The department shall deposit all contributions received under this paragraph in the utility public benefits fund.

AB133-ASA1-CA1,33,25 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.

AB133-ASA1-CA1,34,2 (d) Other duties. 1. For each fiscal year after fiscal year 1998-99, determine the low-income need target for that fiscal year.

AB133-ASA1-CA1,34,6 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.

AB133-ASA1-CA1,34,8 3. Deposit all moneys received under sub. (4) (a) or (5) (c) or (d) in the utility public benefits fund.

AB133-ASA1-CA1,34,10 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:

AB133-ASA1-CA1,34,12 a. The expenses of the department, other state agencies and grant recipients in administering or participating in the programs under pars. (a) and (b).

AB133-ASA1-CA1,34,14 b. The effectiveness of the programs under par. (a) in providing assistance to low-income individuals.

AB133-ASA1-CA1,34,17 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.

AB133-ASA1-CA1,34,19 d. Any other issue identified by the department, council, governor, speaker of the assembly or majority leader of the senate.

AB133-ASA1-CA1,34,23 (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).

AB133-ASA1-CA1,35,4 (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.

AB133-ASA1-CA1,35,9 (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.

AB133-ASA1-CA1,35,16 (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). The public benefits fees collected by an electric utility shall be considered trust funds of the department and not income of the electric utility.