SB45-SSA1-SA1,324,119 (c) A charitable organization or toll-free service vendor that directly or
10indirectly employs a prisoner shall provide reasonable supervision of the prisoner to
11assure the prisoner's compliance with par. (b).
SB45-SSA1-SA1, s. 2313r 12Section 2313r. 196.208 (10) (a) of the statutes is amended to read:
SB45-SSA1-SA1,324,1713 196.208 (10) (a) Subsections (2) to (5) apply to any pay-per-call service that
14a caller may access by a call originating in this state and sub. subs. (5p) and (5t)
15applies apply to any charitable organization, toll-free service vendor or employe of
16a charitable organization or toll-free service vendor
that a caller may access by a call
17originating in this state.
SB45-SSA1-SA1, s. 2313u 18Section 2313u. 196.208 (11) (d) of the statutes is renumbered 196.208 (11) (d)
191. and amended to read:
SB45-SSA1-SA1,324,2220 196.208 (11) (d) 1. Any Except as provided in subd. 2., any person who violates
21subs. (2) to (9) shall be required to forfeit not less than $25 nor more than $5,000 for
22each offense.
SB45-SSA1-SA1,324,25 233. Forfeitures under this paragraph subds. 1. and 2. shall be enforced by action
24on behalf of the state by the department of justice or, upon informing the department
25of justice, by the district attorney of the county where the violation occurs.
SB45-SSA1-SA1, s. 2313y
1Section 2313y. 196.208 (11) (d) 2. of the statutes is created to read:
SB45-SSA1-SA1,325,32 196.208 (11) (d) 2. a. A prisoner who violates sub. (5p) (b) may be required to
3forfeit not more than $500.
SB45-SSA1-SA1,325,84 b. A person who employs a prisoner to answer calls made to a toll-free
5telephone number may be required to forfeit not more than $10,000 if the person
6violates sub. (5p) (c), aids and abets a prisoner's violation of sub. (5p) (b), is a party
7to a conspiracy with a prisoner to commit a violation of sub. (5p) (b) or advises, hires
8or counsels or otherwise procures a prisoner to commit a violation of sub. (5p) (b).".
SB45-SSA1-SA1,325,9 9970. Page 1179, line 21: after that line insert:
SB45-SSA1-SA1,325,11 10" Section 2309q. 196.04 (4) of the statutes is renumbered 196.04 (4) (b) and
11amended to read:
SB45-SSA1-SA1,326,212 196.04 (4) (b) If the parties cannot agree and the commission finds that public
13convenience and necessity or the rendition of reasonably adequate service to the
14public requires that a public utility, telecommunications provider , sewerage system
15operator
or cable operator, as defined in s. 66.082 (2) (b), be permitted to extend its
16lines on, over or under the right-of-way of any railroad, or requires that the tracks
17of any railroad be extended on, over or under the right-of-way of any public utility,
18telecommunications provider, sewerage system operator or cable operator, the
19commission may order the extension by the public utility, telecommunications
20provider, sewerage system operator, cable operator or railroad on, over or under the
21right-of-way of the other if it will not materially impair the ability of the railroad,
22telecommunications provider, sewerage system operator, cable operator or public
23utility, on, over or under whose right-of-way the extension would be made, to serve
24the public. The commission shall prescribe lawful conditions and compensation

1which the commission deems equitable and reasonable in light of all the
2circumstances.
SB45-SSA1-SA1, s. 2309s 3Section 2309s. 196.04 (4) (a) of the statutes is created to read:
SB45-SSA1-SA1,326,44 196.04 (4) (a) In this subsection:
SB45-SSA1-SA1,326,55 1. "Cable operator" has the meaning given in s. 66.082 (2) (b).
SB45-SSA1-SA1,326,66 2. "Sewerage system operator" means any of the following:
SB45-SSA1-SA1,326,77 a. A municipality that operates a sewerage system under s. 66.076.
SB45-SSA1-SA1,326,98 b. A town sanitary district commission that operates a sewerage system under
960.77 (4).
SB45-SSA1-SA1,326,1010 c. A city or village that obtains a sewerage system under s. 60.79.
SB45-SSA1-SA1,326,1211 d. A metropolitan sewerage district commission that operates a sewerage
12system under s. 66.24 (2) or 66.89 (1).
SB45-SSA1-SA1,326,1513 e. A public inland lake protection and rehabilitation district that exercises the
14powers of a town sanitary district under s. 33.22 (3) and that operates a sewerage
15system under s. 60.77 (4).".
SB45-SSA1-SA1,326,16 16971. Page 1179, line 21: after that line insert:
SB45-SSA1-SA1,326,17 17" Section 2315c. 196.025 of the statutes is renumbered 196.025 (1).
SB45-SSA1-SA1, s. 2315g 18Section 2315g. 196.025 (2) of the statutes is created to read:
SB45-SSA1-SA1,326,2219 196.025 (2) The commission shall promulgate rules establishing requirements
20and procedures for the commission to carry out the duties under s. 1.11. Rules
21promulgated under this subsection shall include requirements and procedures for
22each of the following:
SB45-SSA1-SA1,326,2423 (a) Standards for determining the necessity of preparing an environmental
24impact statement.
SB45-SSA1-SA1,327,3
1(b) Adequate opportunities for interested persons to be heard on environmental
2impact statements, including adequate time for the preparation and submission of
3comments.
SB45-SSA1-SA1,327,64 (c) Deadlines that allow thorough review of environmental issues without
5imposing unnecessary delays in addressing the need for additional electric
6transmission capacity in this state.
SB45-SSA1-SA1, s. 2315L 7Section 2315L. 196.025 (3) of the statutes is created to read:
SB45-SSA1-SA1,327,178 196.025 (3) The commission shall promulgate rules establishing requirements
9and procedures for electric utilities, as defined under s. 196.491 (1) (d), to file reports
10with the commission, on a frequency that the commission determines is reasonably
11necessary, on their current reliability status, including the status of operating and
12planning reserves, available transmission capacity and outages of major operational
13units and transmission lines. A report filed under the rules promulgated under this
14subsection is subject to inspection and copying under s. 19.35 (1), except that the
15commission may withhold the report from inspection and copying for a period of time
16that the commission determines is reasonably necessary to prevent an adverse
17impact on the supply or price of energy in this state.
SB45-SSA1-SA1, s. 2315p 18Section 2315p. 196.025 (4) of the statutes is created to read:
SB45-SSA1-SA1,327,2219 196.025 (4) (a) In consultation with the department of administration and the
20department of revenue, the commission shall study the establishment of a program
21for providing incentives for the development of high-efficiency, small-scale electric
22generating facilities in this state that do either of the following:
SB45-SSA1-SA1,327,2423 1. Provide benefits in the form of support for electric distribution or
24transmission systems, power quality or environmental performance.
SB45-SSA1-SA1,328,3
12. Employ technologies such as combined heat and power systems, fuel cells,
2mircroturbines or photovoltalic systems that may be situated in, on or next to
3buildings or other electric load centers.
SB45-SSA1-SA1,328,74 (b) No later than January 1, 2001, the commission shall submit a report of its
5findings and recommendations under par. (a) to the chief clerk of each house of the
6legislature for distribution to the appropriate standing committees under s. 13.172
7(3).
SB45-SSA1-SA1, s. 2315t 8Section 2315t. 196.025 (5) of the statutes is created to read:
SB45-SSA1-SA1,328,149 196.025 (5) (a) The commission shall contract with an expert consultant in
10economics to conduct a study on the potential for horizontal market power, including
11the horizontal market power of electric generators, to frustrate the creation of an
12effectively competitive retail electricity market in this state and to make
13recommendations on measures to eliminate such market power on a sustainable
14basis. The study shall include each of the following:
SB45-SSA1-SA1,328,1615 1. An assessment of the effect of each recommendation on public utility workers
16and shareholders and on rates for each class of public utility customers.
SB45-SSA1-SA1,328,1817 2. An evaluation of the impact of transmission constraints on the market power
18of electric generators in local areas.
SB45-SSA1-SA1,328,2119 (b) No later than January 1, 2001, the commission shall submit a report of the
20results of the study under par. (a) to the chief clerk of each house of the legislature
21for distribution to the appropriate standing committees under s. 13.172 (3).
SB45-SSA1-SA1, s. 2315x 22Section 2315x. 196.192 of the statutes is created to read:
SB45-SSA1-SA1,328,25 23196.192 Market-based compensation, rates and contracts. (1) In this
24section, "electric public utility" means a public utility whose purpose is the
25generation, distribution and sale of electric energy.
SB45-SSA1-SA1,329,2
1(2) No later than March 1, 2000, each investor-owned electric public utility
2shall do each of the following:
SB45-SSA1-SA1,329,53 (a) File with the commission rates that result in customers receiving
4market-based compensation for voluntary interruptions of firm load during peak
5periods of electric use.
SB45-SSA1-SA1,329,96 (b) File with the commission market-based pricing options and options for
7individual contracts that allow a retail customer, through service from its existing
8public utility, to receive market benefits and subject itself to market risks for the
9customer's purchases of capacity or energy.
SB45-SSA1-SA1,329,14 10(3) (a) The commission shall approve market-based rates that are consistent
11with the options specified in sub. (2), except that the commission may not approve
12a market-based rate unless the commission determines that the rate will not harm
13shareholders of the investor-owned electric public utility or customers who are not
14subject to the rate.
SB45-SSA1-SA1,329,1715 (b) Nothing in s. 196.20, 196.21, 196.22, 196.37, 196.60 or 196.604 prohibits the
16commission from approving a filing under sub. (2) or approving market-based rates
17under par. (a).
SB45-SSA1-SA1,329,21 18(4) Subject to any approval of the commission that is necessary, an electric
19public utility that is not an investor-owned electric public utility may implement
20market-based rates approved under sub. (3) (a) or implement the options in filings
21under sub. (2) that are approved by the commission.".
SB45-SSA1-SA1,329,22 22972. Page 1185, line 19: after that line insert:
SB45-SSA1-SA1,329,23 23" Section 2334d. 196.31 (1) (intro.) of the statutes is amended to read:
SB45-SSA1-SA1,330,4
1196.31 (1) (intro.) In any proceeding before the commission, the commission
2may shall compensate any participant in the proceeding who is not a public utility,
3for some or all of the reasonable costs of participation in the proceeding if the
4commission finds that:
SB45-SSA1-SA1, s. 2334h 5Section 2334h. 196.31 (1) (a) of the statutes is amended to read:
SB45-SSA1-SA1,330,96 196.31 (1) (a) The participation is necessary to provide for the record an
7adequate presentation of a significant position in which the participant has a
8substantial interest, and that an adequate presentation would not be possible occur
9without a grant of compensation; or
SB45-SSA1-SA1, s. 2334p 10Section 2334p. 196.374 of the statutes is repealed and recreated to read:
SB45-SSA1-SA1,330,12 11196.374 Low-income assistance, energy efficiency and other
12programs.
(1) In this section:
SB45-SSA1-SA1,330,1313 (a) "Department" means the department of administration.
SB45-SSA1-SA1,330,1414 (b) "Fund" means the utility public benefits fund.
SB45-SSA1-SA1,330,1815 (c) "Utility" means a Class A gas or electric utility, as defined by the
16commission, but does not include a municipal utility, as defined in s. 16.957 (1) (q),
17a municipal electric company, as defined in s. 66.073 (3) (d), or a cooperative
18association organized under ch. 185.
SB45-SSA1-SA1,330,22 19(2) The commission shall determine the amount that each utility spent in 1998
20on programs for low-income assistance, including writing off uncollectibles and
21arrearages, low-income weatherization, energy conservation and efficiency,
22environmental research and development, and renewable resources.
SB45-SSA1-SA1,331,7 23(3) In 1999, 2000 and 2001, the commission shall require each utility to spend
24a decreasing portion of the amount determined under sub. (2) on programs specified
25in sub. (2) and contribute the remaining portion of the amount to the commission for

1deposit in the fund. In each year after 2001, each utility shall contribute the entire
2amount determined under sub. (2) to the commission for deposit in the fund. The
3commission shall ensure in rate-making orders that a utility recovers from its
4ratepayers the amounts spent on programs or contributed to the fund under this
5subsection. The commission shall allow each utility the option of continuing to use,
6until January 1, 2001, the moneys that it has recovered under s. 196.374 (3), 1997
7stats., to administer the programs that it has funded under s. 196.374 (1), 1997 stats.
SB45-SSA1-SA1,331,108 The commission may allow each utility to spend additional moneys on the programs
9specified in sub. (2) if the utility otherwise complies with the requirements of this
10section and s. 16.957 (4).
SB45-SSA1-SA1,331,15 11(4) If the department notifies the commission under s. 16.957 (2) (b) 2. that the
12department has reduced funding for energy conservation and efficiency and
13renewable resource programs, the commission shall reduce the amount that a utility
14is required to spend on programs or contribute to the fund under sub. (3) by the
15percentage by which the department has reduced the funding.
SB45-SSA1-SA1, s. 2334t 16Section 2334t. 196.378 of the statutes is created to read:
SB45-SSA1-SA1,331,17 17196.378 Renewable resources. (1) Definitions. In this section:
SB45-SSA1-SA1,331,2318 (a) "Biomass" means a resource that derives energy from wood or plant
19material or residue, biological waste, crops grown for use as a resource or landfill
20gases. "Biomass" does not include garbage, as defined in s. 289.01 (9), or
21nonvegetation-based industrial, commercial or household waste, except that
22"biomass" includes refuse-derived fuel used for a renewable facility that was in
23service in this state before January 1, 1998.
SB45-SSA1-SA1,331,2524 (b) "Conventional resource" means a resource that derives energy from coal, oil,
25nuclear power or natural gas, except for natural gas used in a fuel cell.
SB45-SSA1-SA1,332,1
1(bm) "Department" means the department of administration.
SB45-SSA1-SA1,332,22 (c) "Electric provider" means an electric utility or retail electric cooperative.
SB45-SSA1-SA1,332,63 (d) "Electric utility" means a public utility that sells electricity at retail. For
4purposes of this paragraph, a public utility is not considered to sell electricity at
5retail solely on the basis of its ownership or operation of a retail electric distribution
6system.
SB45-SSA1-SA1,332,117 (e) "Excludable renewable capacity" means the portion of an electric provider's
8total renewable capacity that is supplied from renewable facilities that were placed
9in service before January 1, 1998, and that, before January 1, 1998, derived
10electricity from hydroelectric power, even if the output of the renewable facilities is
11used to satisfy requirements under federal law.
SB45-SSA1-SA1,332,1712 (f) "Nonsystem renewable energy" means the amount of electricity that an
13electric provider sells to its retail customers or members and that is supplied or
14allocated under executed wholesale purchase contracts from renewable facilities
15that are not owned or operated by the electric provider. "Nonsystem renewable
16energy" does not include any electricity that is not used to satisfy the electric
17provider's retail load obligations.
SB45-SSA1-SA1,332,2318 (g) "Renewable facility" means an installed and operational electric generating
19facility in which energy is derived from a renewable resource. "Renewable facility"
20includes a facility the installation or operation of which is required under federal law,
21but does not include a facility the installation or operation of which is required under
22the laws of another state even if the installation or operation of the facility is also
23required under federal law.
SB45-SSA1-SA1,332,2424 (h) "Renewable resource" means any of the following:
SB45-SSA1-SA1,332,2525 1. A resource that derives electricity from any of the following:
SB45-SSA1-SA1,333,1
1a. A fuel cell that uses, as determined by the commission, a renewable fuel.
SB45-SSA1-SA1,333,22 b. Tidal or wave action.
SB45-SSA1-SA1,333,33 c. Solar thermal electric or photovoltaic energy.
SB45-SSA1-SA1,333,44 d. Wind power.
SB45-SSA1-SA1,333,55 e. Geothermal technology.
SB45-SSA1-SA1,333,66 g. Biomass.
SB45-SSA1-SA1,333,87 1m. A resource with a capacity of less than 60 megawatts that derives
8electricity from hydroelectric power.
SB45-SSA1-SA1,333,109 2. Any other resource, except a conventional resource, that the commission
10designates as a renewable resource in rules promulgated under sub. (4).
SB45-SSA1-SA1,333,1211 (i) "Renewable resource credit" means a credit calculated in accordance with
12rules promulgated under sub. (3) (a).
SB45-SSA1-SA1,333,1313 (j) "Resource" means a source of electric power generation.
SB45-SSA1-SA1,333,1814 (k) "Retail electric cooperative" means a cooperative association organized
15under ch. 185 that sells electricity at retail to its members only. For purposes of this
16paragraph, a cooperative association is not considered to sell electricity at retail
17solely on the basis of its ownership or operation of a retail electric distribution
18system.
SB45-SSA1-SA1,333,2119 (n) "System renewable energy" means the amount of electricity that an electric
20provider sells to its retail customers or members and that is supplied by renewable
21facilities owned or operated by the electric provider.
SB45-SSA1-SA1,333,2322 (o) "Total renewable energy" means the sum of an electric provider's system and
23nonsystem renewable energy.
SB45-SSA1-SA1,334,2 24(2) Renewable resource energy. (a) Each electric provider shall provide to its
25retail electric customers or members total renewable energy in at least the following

1percentages of its total retail energy sales, either directly or through renewable
2resource credits from another electric provider:
SB45-SSA1-SA1,334,33 1. By December 31, 2000, 0.5%.
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