Amendment ASA2-AB389

1999 - 2000 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 1999 ASSEMBLY BILL 389

June 23, 1999 - Offered by Representatives Meyerhofer, Black, Bock and Riley.

AB389-ASA2,3,3 An Act to repeal 196.485 (3) (bm) and 196.795 (5) (pm) 1. (intro.); to renumber 196.025, 196.485 (1) (dm) 1., 196.795 (5) (p) 1., 2., 3. and 4., 196.795 (5) (pm) 1. a., 196.795 (5) (pm) 1. b. and 196.795 (5) (pm) 1. c.; to renumber and amend 196.485 (1) (dm) 3., 196.795 (5) (pm) 2. and 196.795 (5) (pm) 3.; to amend 76.28 (1) (d), 76.28 (1) (e) (intro.), 76.28 (2) (c) (intro.), 76.28 (2) (d), 196.31 (1) (intro.), 196.31 (1) (a), 196.485 (1) (dm) (intro.), 196.485 (2) (a) (intro.), 196.485 (4) (a) (intro.), 196.491 (3m) (b) 2., 196.494 (3), 196.52 (3) (a), 196.795 (1) (g) 1., 196.795 (1) (g) 2., 196.795 (5) (i) 1., 196.795 (11) (b) and 200.01 (2); to repeal and recreate 196.374 and 196.485 (title); and to create 15.107 (17), 16.957, 16.969, 20.505 (1) (ge), 20.505 (1) (gs), 20.505 (10), 25.17 (1) (xm), 25.96, 76.28 (1) (e) 5., 76.28 (1) (j), 76.28 (2) (e), 196.025 (2), 196.025 (3), 196.025 (4), 196.025 (5), 196.192, 196.378, 196.485 (1) (am), 196.485 (1) (be), 196.485 (1) (bs), 196.485 (1) (dm) 2., 196.485 (1) (do), 196.485 (1) (dq), 196.485 (1) (dr), 196.485 (1) (ds), 196.485 (1) (dt), 196.485 (1) (dv), 196.485 (1) (em), 196.485 (1) (fe), 196.485 (1) (ge), 196.485 (1) (gm), 196.485 (1) (j), 196.485 (1m), 196.485 (2) (ar), 196.485 (2) (bx), 196.485 (2) (d), 196.485 (3m), 196.485 (4) (am), 196.485 (5), 196.485 (6), 196.485 (6m), 196.485 (7), 196.485 (8), 196.487, 196.491 (3) (d) 3r., 196.491 (3) (d) 3t., 196.491 (3) (gm), 196.491 (3g), 196.494 (5), 196.795 (1) (h) 3., 196.795 (1) (p), 196.795 (6m) (title), 196.795 (6m) (a) (intro.), 196.795 (6m) (a) 1., 196.795 (6m) (a) 2., 196.795 (6m) (a) 4., 196.795 (6m) (b) (title), 196.795 (6m) (e), 196.795 (11) (c), 196.796, 196.807 and 285.48 of the statutes; relating to: control and ownership of transmission facilities by a transmission company and a Midwest independent system operator, ownership of nonutility assets by a public utility holding company, investments in transmission facilities, offers of employment to certain public utility and nonutility affiliates employes, fees and approvals for certain high-voltage transmission lines, construction of certain electric transmission facilities, environmental reviews by the public service commission, reports on reliability status of electric utilities, state participation in a regional transmission need and siting compact, incentives for development of certain generating facilities, study of market power and retail electric competition, market-based compensation, rates and contracts for electric customers, regulation of certain nitrogen oxide emissions, real estate activities by certain public utilities and affiliates, establishing programs for low-income energy assistance, improving energy conservation and efficiency markets and encouraging the development and use of renewable resources, creating a council on utility public benefits, establishing a utility public benefits fund, requiring electric utilities and retail electric cooperatives to charge public benefits fees to customers and members, imposing requirements on the use of renewable resources by electric utilities and cooperatives, requiring the exercise of rule-making authority, making appropriations and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB389-ASA2, s. 1 Section 1. 15.107 (17) of the statutes is created to read:

AB389-ASA2,3,8 15.107 (17) Council on utility public benefits. There is created a council on utility public benefits that is attached to the department of administration under s. 15.03. The council shall consist of the following members appointed for 3-year terms:

AB389-ASA2,3,9 (a) Two members appointed by the governor.

AB389-ASA2,3,10 (b) Two members appointed by the senate majority leader.

AB389-ASA2,3,11 (c) One member appointed by the senate minority leader.

AB389-ASA2,3,12 (d) Two members appointed by the speaker of the assembly.

AB389-ASA2,3,13 (e) One member appointed by the assembly minority leader.

AB389-ASA2,3,14 (f) One member appointed by the secretary of natural resources.

AB389-ASA2,3,15 (g) One member appointed by the secretary of administration.

AB389-ASA2,3,16 (h) One member appointed by the chairperson of the public service commission.

AB389-ASA2, s. 2 Section 2. 16.957 of the statutes is created to read:

AB389-ASA2,3,18 16.957 Utility public benefits. (1) Definitions. In this section:

AB389-ASA2,3,19 (bm) "Commission" means the public service commission.

AB389-ASA2,3,22 (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.

AB389-ASA2,4,2 (cm) "Council" means the council on utility public benefits created under s. 15.107 (17).

AB389-ASA2,4,5 (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.

AB389-ASA2,4,6 (e) "Division of housing" means the division of housing in the department.

AB389-ASA2,4,7 (f) "Electric provider" means an electric utility or retail electric cooperative.

AB389-ASA2,4,9 (g) "Electric utility" means a public utility that owns or operates a retail electric distribution system.

AB389-ASA2,4,11 (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.

AB389-ASA2,4,12 (i) "Fiscal year" has the meaning given in s. 655.001 (6).

AB389-ASA2,4,15 (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.

AB389-ASA2,4,18 (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.

AB389-ASA2,4,23 (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).

AB389-ASA2,5,3 (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.

AB389-ASA2,5,6 (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:

AB389-ASA2,5,8 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.

AB389-ASA2,5,10 1m. The public benefits fees established for fiscal year 1999-2000 under sub. (4) (c) 1.

AB389-ASA2,5,11 2. The total amount expended by utilities under s. 196.374.

AB389-ASA2,5,13 3. Fifty percent of the public benefits fees established for fiscal year 1999-2000 that are charged by municipal utilities and retail electric cooperatives.

AB389-ASA2,5,15 (p) "Low-income need target" means the product of the low-income need percentage multiplied by low-income need in a fiscal year.

AB389-ASA2,5,17 (q) "Municipal utility" means an electric utility that is owned wholly by a municipality and that owns a retail distribution system.

AB389-ASA2,5,18 (qm) "Public utility" has the meaning given in s. 196.01 (5).

AB389-ASA2,5,19 (r) "Renewable resource" has the meaning given in s. 196.378 (1) (h).

AB389-ASA2,5,24 (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.

AB389-ASA2,6,3 (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.

AB389-ASA2,6,6 (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.

AB389-ASA2,6,9 (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.

AB389-ASA2,6,12 (w) "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.

AB389-ASA2,6,15 (x) "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.

AB389-ASA2,6,17 (2) Department duties. In consultation with the council, the department shall do all of the following:

AB389-ASA2,6,23 (a) Low-income programs. After holding a hearing, establish programs to be administered by the department of administration 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 in grants for weatherization and other energy conservation services shall be sufficient to equal 47% of the sum of the following:

AB389-ASA2,6,25 1. All moneys received from the federal government under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 in a fiscal year.

AB389-ASA2,7,2 2. All moneys spent in a fiscal year for low-income programs established under s. 196.374.

AB389-ASA2,7,4 3. All moneys spent in a fiscal year on programs established under this paragraph.

AB389-ASA2,7,5 4. Fifty percent of the moneys collected in public benefits fees under sub. (5).

AB389-ASA2,7,8 (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:

AB389-ASA2,7,15 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.

AB389-ASA2,7,21 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.

AB389-ASA2,8,2 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.

AB389-ASA2,8,3 (c) Rules. Promulgate rules establishing all of the following:

AB389-ASA2,8,8 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).

AB389-ASA2,8,10 2. Requirements and procedures for applications for grants awarded under programs established under par. (a) or (b) 1.

AB389-ASA2,8,12 2m. Criteria for the selection of proposals by a corporation specified in sub. (3) (b).

AB389-ASA2,8,16 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.

AB389-ASA2,9,3 4. Requirements for electric utilities to allow customers or members to include voluntary contributions to assist in funding a commitment to community program or 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 or member may indicate the amount of a voluntary contribution and the customer's or member'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 or member preferences regarding use of the contributions. The department shall deposit all contributions received under this paragraph in the utility public benefits fund.

AB389-ASA2,9,7 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.

AB389-ASA2,9,9 (d) Other duties. 1. For each fiscal year after fiscal year 1998-99, determine the low-income need target for that fiscal year.

AB389-ASA2,9,13 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.

AB389-ASA2,9,15 3. Deposit all moneys received under sub. (4) (a) or (5) (c) or (d) in the utility public benefits fund.

AB389-ASA2,9,17 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:

AB389-ASA2,9,19 a. The expenses of the department, other state agencies and grant recipients in administering or participating in the programs under pars. (a) and (b).

AB389-ASA2,9,21 b. The effectiveness of the programs under par. (a) in providing assistance to low-income individuals.

AB389-ASA2,9,24 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.

AB389-ASA2,10,2 d. Any other issue identified by the governor, speaker of the assembly or majority leader of the senate.

AB389-ASA2,10,6 (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).

AB389-ASA2,10,12 (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.

AB389-ASA2,10,17 (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.

AB389-ASA2,10,22 (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).

AB389-ASA2,11,2 (am) Electric bills. An electric utility shall include a public benefits fee in a customer's bill and shall provide the customer with an annual statement that identifies the annual charges for public benefits fees and describes the programs for which fees are used.

AB389-ASA2,11,6 (b) Rules. In consultation with the council, the department shall promulgate rules that establish the amount of a public benefits fee under par. (a). Fees established in rules under this paragraph may vary by class of customer, but shall be uniform within each class, and shall satisfy each of the following:

AB389-ASA2,11,8 1. The fees may not be based on the kilowatt-hour consumption of electricity by customers.

AB389-ASA2,11,11 2. Seventy percent of the total amount of fees charged by an electric provider may be charged to residential customers and 30% of the total may be charged to nonresidential customers.

AB389-ASA2,11,13 3. The fees shall allow an electric provider to recover the reasonable and prudent expenses incurred by the electric provider in complying with this section.

AB389-ASA2,11,15 (c) Amount of public benefits fees. A fee established in rules promulgated under par. (b) shall satisfy each of the following:

AB389-ASA2,11,22 1. `Low-income funding.' In fiscal year 1999-2000, a portion of the public benefits fee shall be an amount that, when added to 50% of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year, shall equal $27,000,000. In each fiscal year after fiscal year 1999-2000, a portion of the public benefits fee shall be an amount that, when added to the sum of the following shall equal the low-income need target for that fiscal year determined by the department under sub. (2) (d) 1.:

AB389-ASA2,11,24 a. Fifty percent of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year.