LRBs0099/2
MDK:kmg:kjf
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
1An Act to repeal 196.485 (3) (bm) and 196.795 (5) (pm) 1. (intro.);
to renumber
2196.025, 196.485 (1) (dm) 1., 196.795 (5) (p) 1., 2., 3. and 4., 196.795 (5) (pm) 1.
3a., 196.795 (5) (pm) 1. b. and 196.795 (5) (pm) 1. c.;
to renumber and amend
4196.485 (1) (dm) 3., 196.795 (5) (pm) 2. and 196.795 (5) (pm) 3.;
to amend 76.28
5(1) (d), 76.28 (1) (e) (intro.), 76.28 (2) (c) (intro.), 76.28 (2) (d), 196.31 (1) (intro.),
6196.31 (1) (a), 196.485 (1) (dm) (intro.), 196.485 (2) (a) (intro.), 196.485 (4) (a)
7(intro.), 196.491 (3m) (b) 2., 196.494 (3), 196.52 (3) (a), 196.795 (1) (g) 1., 196.795
8(1) (g) 2., 196.795 (5) (i) 1., 196.795 (11) (b) and 200.01 (2);
to repeal and
9recreate 196.374 and 196.485 (title); and
to create 15.107 (17), 16.957, 16.969,
1020.505 (1) (ge), 20.505 (1) (gs), 20.505 (10), 25.17 (1) (xm), 25.96, 76.28 (1) (e) 5.,
1176.28 (1) (j), 76.28 (2) (e), 196.025 (2), 196.025 (3), 196.025 (4), 196.025 (5),
12196.192, 196.378, 196.485 (1) (am), 196.485 (1) (be), 196.485 (1) (bs), 196.485
13(1) (dm) 2., 196.485 (1) (do), 196.485 (1) (dq), 196.485 (1) (dr), 196.485 (1) (ds),
1196.485 (1) (dt), 196.485 (1) (dv), 196.485 (1) (em), 196.485 (1) (fe), 196.485 (1)
2(ge), 196.485 (1) (gm), 196.485 (1) (j), 196.485 (1m), 196.485 (2) (ar), 196.485 (2)
3(bx), 196.485 (2) (d), 196.485 (3m), 196.485 (4) (am), 196.485 (5), 196.485 (6),
4196.485 (6m), 196.485 (7), 196.485 (8), 196.487, 196.491 (3) (d) 3r., 196.491 (3)
5(d) 3t., 196.491 (3) (gm), 196.491 (3g), 196.494 (5), 196.795 (1) (h) 3., 196.795 (1)
6(p), 196.795 (6m) (title), 196.795 (6m) (a) (intro.), 196.795 (6m) (a) 1., 196.795
7(6m) (a) 2., 196.795 (6m) (a) 4., 196.795 (6m) (b) (title), 196.795 (6m) (e), 196.795
8(11) (c), 196.796, 196.807 and 285.48 of the statutes;
relating to: control and
9ownership of transmission facilities by a transmission company and a Midwest
10independent system operator, ownership of nonutility assets by a public utility
11holding company, investments in transmission facilities, offers of employment
12to certain public utility and nonutility affiliates employes, fees and approvals
13for certain high-voltage transmission lines, construction of certain electric
14transmission facilities, environmental reviews by the public service
15commission, reports on reliability status of electric utilities, state participation
16in a regional transmission need and siting compact, incentives for development
17of certain generating facilities, study of market power and retail electric
18competition, market-based compensation, rates and contracts for electric
19customers, regulation of certain nitrogen oxide emissions, real estate activities
20by certain public utilities and affiliates, establishing programs for low-income
21energy assistance, improving energy conservation and efficiency markets and
22encouraging the development and use of renewable resources, creating a
23council on utility public benefits, establishing a utility public benefits fund,
24requiring electric utilities and retail electric cooperatives to charge public
25benefits fees to customers and members, imposing requirements on the use of
1renewable resources by electric utilities and cooperatives, requiring the
2exercise of rule-making authority, making appropriations and providing a
3penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB389-ASA2,3,85
15.107
(17) Council on utility public benefits. There is created a council on
6utility public benefits that is attached to the department of administration under s.
715.03. The council shall consist of the following members appointed for 3-year
8terms:
AB389-ASA2,3,99
(a) Two members appointed by the governor.
AB389-ASA2,3,1010
(b) Two members appointed by the senate majority leader.
AB389-ASA2,3,1111
(c) One member appointed by the senate minority leader.
AB389-ASA2,3,1212
(d) Two members appointed by the speaker of the assembly.
AB389-ASA2,3,1313
(e) One member appointed by the assembly minority leader.
AB389-ASA2,3,1414
(f) One member appointed by the secretary of natural resources.
AB389-ASA2,3,1515
(g) One member appointed by the secretary of administration.
AB389-ASA2,3,1616
(h) One member appointed by the chairperson of the public service commission.
AB389-ASA2,3,18
1816.957 Utility public benefits. (1) Definitions. In this section:
AB389-ASA2,3,1919
(bm) "Commission" means the public service commission.
AB389-ASA2,3,2220
(c) "Commitment to community program" means a program by a municipal
21utility or retail electric cooperative for low-income assistance or an energy
22conservation program by a municipal utility or retail electric cooperative.
AB389-ASA2,4,2
1(cm) "Council" means the council on utility public benefits created under s.
215.107 (17).
AB389-ASA2,4,53
(d) "Customer application of renewable resources" means the generation of
4electricity from renewable resources that takes place on the premises of a customer
5or member of an electric provider.
AB389-ASA2,4,66
(e) "Division of housing" means the division of housing in the department.
AB389-ASA2,4,77
(f) "Electric provider" means an electric utility or retail electric cooperative.
AB389-ASA2,4,98
(g) "Electric utility" means a public utility that owns or operates a retail electric
9distribution system.
AB389-ASA2,4,1110
(h) "Energy conservation program" means a program for reducing the demand
11for natural gas or electricity or improving the efficiency of its use during any period.
AB389-ASA2,4,1212
(i) "Fiscal year" has the meaning given in s. 655.001 (6).
AB389-ASA2,4,1513
(k) "Local unit of government" means the governing body of any county, city,
14town, village or county utility district or the elected tribal governing body of a
15federally recognized American Indian tribe or band.
AB389-ASA2,4,1816
(L) "Low-income assistance" means assistance to low-income households for
17weatherization and other energy conservation services, payment of energy bills or
18early identification or prevention of energy crises.
AB389-ASA2,4,2319
(m) "Low-income household" means any individual or group of individuals in
20this state who are living together as one economic unit and for whom residential
21electricity is customarily purchased in common or who make undesignated
22payments for electricity in the form of rent, and whose household income is not more
23than 150% of the poverty line as determined under
42 USC 9902 (2).
AB389-ASA2,5,324
(n) "Low-income need" means the amount obtained by subtracting from the
25total low-income energy bills in a fiscal year the product of 2.2% of the estimated
1average annual income of low-income households in this state in that fiscal year
2multiplied by the estimated number of low-income households in this state in that
3fiscal year.
AB389-ASA2,5,64
(o) "Low-income need percentage" means the percentage that results from
5dividing the sum of the following by the amount of low-income need in fiscal year
61998-99:
AB389-ASA2,5,87
1. The total amount received by the department for low-income funding under
842 USC 6861 to
6873 and
42 USC 8621 to
8629 in fiscal year 1997-98.
AB389-ASA2,5,109
1m. The public benefits fees established for fiscal year 1999-2000 under sub.
10(4) (c) 1.
AB389-ASA2,5,1111
2. The total amount expended by utilities under s. 196.374.
AB389-ASA2,5,1312
3. Fifty percent of the public benefits fees established for fiscal year 1999-2000
13that are charged by municipal utilities and retail electric cooperatives.
AB389-ASA2,5,1514
(p) "Low-income need target" means the product of the low-income need
15percentage multiplied by low-income need in a fiscal year.
AB389-ASA2,5,1716
(q) "Municipal utility" means an electric utility that is owned wholly by a
17municipality and that owns a retail distribution system.
AB389-ASA2,5,1818
(qm) "Public utility" has the meaning given in s. 196.01 (5).
AB389-ASA2,5,1919
(r) "Renewable resource" has the meaning given in s. 196.378 (1) (h).
AB389-ASA2,5,2420
(s) "Retail capacity" means the total amount of electricity that an electric
21provider is capable of delivering to its retail customers or members and that is
22supplied by electric generating facilities owned or operated by the electric provider
23or any other person. "Retail capacity" does not include any electricity that is not used
24to satisfy the electric provider's retail load obligations.
AB389-ASA2,6,3
1(t) "Retail electric cooperative" means a cooperative association that is
2organized under ch. 185 for the purpose of providing electricity at retail to its
3members only and that owns or operates a retail electric distribution system.
AB389-ASA2,6,64
(u) "Total low-income energy bills" means the total estimated amount that all
5low-income households are billed for residential electricity, natural gas and heating
6fuel in a fiscal year.
AB389-ASA2,6,97
(v) "Wholesale electric cooperative" means a cooperative association that is
8organized under ch. 185 for the purpose of providing electricity at wholesale to its
9members only.
AB389-ASA2,6,1210
(w) "Wholesale supply percentage" means the percentage of a municipal
11utility's or retail electric cooperative's retail capacity in a fiscal year that is supplied
12by a wholesale supplier.
AB389-ASA2,6,1513
(x) "Wholesale supplier" means a wholesale electric cooperative or a municipal
14electric company, as defined in s. 66.073 (3) (d), that supplies electricity at wholesale
15to a municipal utility or retail electric cooperative.
AB389-ASA2,6,17
16(2) Department duties. In consultation with the council, the department shall
17do all of the following:
AB389-ASA2,6,2318
(a)
Low-income programs. After holding a hearing, establish programs to be
19administered by the department of administration through the division of housing
20for awarding grants from the appropriation under s. 20.505 (10) (r) to provide
21low-income assistance. In each fiscal year, the amount awarded under this
22paragraph in grants for weatherization and other energy conservation services shall
23be sufficient to equal 47% of the sum of the following:
AB389-ASA2,6,25241. All moneys received from the federal government under
42 USC 6861 to
6873 25and
42 USC 8621 to
8629 in a fiscal year.
AB389-ASA2,7,2
12. All moneys spent in a fiscal year for low-income programs established under
2s. 196.374.
AB389-ASA2,7,43
3. All moneys spent in a fiscal year on programs established under this
4paragraph.