SB45-SSA1-SA1,26,13121. All moneys received from the federal government under
42 USC 6861 to
6873 13and
42 USC 8621 to
8629 in a fiscal year.
SB45-SSA1-SA1,26,1514
2. All moneys spent in a fiscal year for low-income programs established under
15s. 196.374.
SB45-SSA1-SA1,26,1716
3. All moneys spent in a fiscal year on programs established under this
17paragraph.
SB45-SSA1-SA1,26,1818
4. Fifty percent of the moneys collected in public benefits fees under sub. (5).
SB45-SSA1-SA1,26,2119
(b)
Energy conservation and efficiency and renewable resource programs. 1.
20Subject to subd. 2., after holding a hearing, establish programs for awarding grants
21from the appropriation under s. 20.505 (10) (s) for each of the following:
SB45-SSA1-SA1,27,322
a. Proposals for providing energy conservation or efficiency services. In
23awarding grants under this subd. 1. a., the department shall give priority to
24proposals directed at the sectors of energy conservation or efficiency markets that
25are least competitive and at promoting environmental protection, electric system
1reliability or rural economic development. In each fiscal year, 1.75% of the
2appropriation under s. 20.505 (10) (s) shall be awarded in grants for research and
3development proposals regarding the environmental impacts of the electric industry.
SB45-SSA1-SA1,27,94
b. Proposals for encouraging the development or use of customer applications
5of renewable resources, including educating customers or members about renewable
6resources or encouraging uses of renewable resources by customers or members or
7encouraging research technology transfers. In each fiscal year, the department shall
8ensure that 4.5% of the appropriation under s. 20.505 (10) (s) is awarded in grants
9under this subd. 1. b.
SB45-SSA1-SA1,27,1410
2. For each fiscal year after fiscal year 2003-04, determine whether to continue,
11discontinue or reduce any of the programs established under subd. 1. and determine
12the total amount necessary to fund the programs that the department determines
13to continue or reduce under this subdivision. The department shall notify the
14commission if the department determines under this subdivision to reduce funding.
SB45-SSA1-SA1,27,1515
(c)
Rules. Promulgate rules establishing all of the following:
SB45-SSA1-SA1,27,2016
1. Eligibility requirements for low-income assistance under programs
17established under par. (a). The rules shall prohibit a person who receives
18low-income assistance from a municipal utility or retail electric cooperative under
19a program specified in sub. (5) (d) 2. b. or 3. a. from receiving low-income assistance
20under programs established under par. (a).
SB45-SSA1-SA1,27,2221
2. Requirements and procedures for applications for grants awarded under
22programs established under par. (a) or (b) 1.
SB45-SSA1-SA1,27,2423
2m. Criteria for the selection of proposals by a corporation specified in sub. (3)
24(b).
SB45-SSA1-SA1,28,4
12n. Criteria for making the determination under par. (b) 2. Rules promulgated
2under this subdivision shall require the department to determine whether the need
3for a program established under par. (b) 1. is satisfied by the private sector market
4and, if so, whether the program should be discontinued or reduced.
SB45-SSA1-SA1,28,165
4. Requirements for electric utilities to allow customers or members to include
6voluntary contributions to assist in funding a commitment to community program
7or a program established under par. (a) or (b) 1. with bill payments for electric service.
8The rules may require an electric utility to provide a space on an electric bill in which
9a customer or member may indicate the amount of a voluntary contribution and the
10customer's or member's preference regarding whether a contribution should be used
11for a program established under par. (a) or (b) 1. a. or b. The rules shall establish
12requirements and procedures for electric utilities to pay to the department any
13voluntary contributions included with bill payments and to report to the department
14customer or member preferences regarding use of the contributions. The
15department shall deposit all contributions received under this paragraph in the
16utility public benefits fund.
SB45-SSA1-SA1,28,2017
5. A method for estimating total low-income energy bills, average annual
18income of low-income households and the number of low-income households in a
19fiscal year for the purpose of determining the amount of low-income need in the fiscal
20year.
SB45-SSA1-SA1,28,2221
(d)
Other duties. 1. For each fiscal year after fiscal year 1998-99, determine
22the low-income need target for that fiscal year.
SB45-SSA1-SA1,29,223
2. Encourage customers or members to make voluntary contributions to assist
24in funding the programs established under pars. (a) and (b) 1. The department shall
1deposit all contributions received under this paragraph in the utility public benefits
2fund.
SB45-SSA1-SA1,29,43
3. Deposit all moneys received under sub. (4) (a) or (5) (c) or (d) in the utility
4public benefits fund.
SB45-SSA1-SA1,29,65
4. Provide for an annual independent audit and submit an annual report to the
6legislature under s. 13.172 (2) that describes each of the following:
SB45-SSA1-SA1,29,87
a. The expenses of the department, other state agencies and grant recipients
8in administering or participating in the programs under pars. (a) and (b).
SB45-SSA1-SA1,29,109
b. The effectiveness of the programs under par. (a) in providing assistance to
10low-income individuals.
SB45-SSA1-SA1,29,1311
c. The effectiveness of the programs under par. (b) in reducing demand for
12electricity and increasing the use of renewable resources owned by customers or
13members.
SB45-SSA1-SA1,29,1514
d. Any other issue identified by the governor, speaker of the assembly or
15majority leader of the senate.
SB45-SSA1-SA1,29,19
16(3) Contracts. (a) The division of housing shall, on the basis of competitive
17bids, contract with community action agencies described in s. 46.30 (2) (a) 1.,
18nonstock, nonprofit corporations organized under ch. 181 or local units of
19government to provide services under the programs established under sub. (2) (a).
SB45-SSA1-SA1,29,2520
(b) The department shall, on the basis of competitive bids, contract with one
21or more nonstock, nonprofit corporations organized under ch. 181 to administer the
22programs established under sub. (2) (b) 1., including soliciting proposals, processing
23grant applications, selecting, based on criteria specified in rules promulgated under
24sub. (2) (c) 2m., proposals for the department to make awards and distributing grants
25to recipients.
SB45-SSA1-SA1,30,5
1(c) In selecting proposals and awarding grants under sub. (2) (b), the
2department or a nonprofit corporation specified in par. (b) may not discriminate
3against an electric provider or its affiliate or a wholesale electric supplier or its
4affiliate solely on the basis of its status as an electric provider, wholesale electric
5supplier or affiliate.
SB45-SSA1-SA1,30,10
6(4) Electric utilities. (a)
Requirement to charge public benefits fees. Each
7electric utility, except for a municipal utility, shall charge each customer a public
8benefits fee in an amount established in rules promulgated by the department under
9par. (b). An electric utility, except for a municipal utility, shall collect and pay the fees
10to the department in accordance with the rules promulgated under par. (b).
SB45-SSA1-SA1,30,1411
(am)
Electric bills. An electric utility shall include a public benefits fee in a
12customer's bill and shall provide the customer with an annual statement that
13identifies the annual charges for public benefits fees and describes the programs for
14which fees are used.
SB45-SSA1-SA1,30,1815
(b)
Rules. In consultation with the council, the department shall promulgate
16rules that establish the amount of a public benefits fee under par. (a). Fees
17established in rules under this paragraph may vary by class of customer, but shall
18be uniform within each class, and shall satisfy each of the following:
SB45-SSA1-SA1,30,2019
1. The fees may not be based on the kilowatt-hour consumption of electricity
20by customers.
SB45-SSA1-SA1,30,2321
2. Seventy percent of the total amount of fees charged by an electric provider
22may be charged to residential customers and 30% of the total may be charged to
23nonresidential customers.
SB45-SSA1-SA1,30,2524
3. The fees shall allow an electric provider to recover the reasonable and
25prudent expenses incurred by the electric provider in complying with this section.
SB45-SSA1-SA1,31,2
1(c)
Amount of public benefits fees. A fee established in rules promulgated under
2par. (b) shall satisfy each of the following:
SB45-SSA1-SA1,31,93
1. `Low-income funding.' In fiscal year 1999-2000, a portion of the public
4benefits fee shall be an amount that, when added to 50% of the estimated public
5benefits fees charged by municipal utilities and retail electric cooperatives under
6sub. (5) (a) for that fiscal year, shall equal $27,000,000. In each fiscal year after fiscal
7year 1999-2000, a portion of the public benefits fee shall be an amount that, when
8added to the sum of the following shall equal the low-income need target for that
9fiscal year determined by the department under sub. (2) (d) 1.:
SB45-SSA1-SA1,31,1110
a. Fifty percent of the estimated public benefits fees charged by municipal
11utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year.
SB45-SSA1-SA1,31,1312b. All moneys received under
42 USC 6861 to
6873 and
42 USC 8621 to
8629 13for that fiscal year.
SB45-SSA1-SA1,31,1514
c. The total amount spent on programs or contributed to the commission by
15utilities under s. 196.374 (3) for that fiscal year.
SB45-SSA1-SA1,31,2316
2. `Energy conservation and efficiency and renewable resource funding.' For
17fiscal year 1999-2000, a portion of the public benefits fee shall be in an amount that,
18when added to 50% of the estimated public benefits fees charged by municipal
19utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year, shall
20equal $20,000,000. In each fiscal year after fiscal year 1999-2000, a portion of the
21public benefits fee shall be the amount determined under this subdivision for fiscal
22year 1999-2000, except that if the department determines to reduce or discontinue
23a program under sub. (2) (b) 2., the department shall reduce the amount accordingly.
SB45-SSA1-SA1,32,424
3. `Limitation on electric bill increases.' For the period beginning on the
25effective date of this subdivision .... [revisor inserts date], and ending on June 30,
12008, the total increase in a customer's electric bills that is based on the requirement
2to pay public benefits fees, including any increase resulting from an electric utility's
3compliance with this section, may not exceed 3% of the total of every other charge for
4which the customer is billed for that period or $750 per month, whichever is less.
SB45-SSA1-SA1,32,12
5(5) Municipal utilities and retail electric cooperatives. (a)
Requirement to
6charge public benefits fees. Each retail electric cooperative and municipal utility
7shall charge a monthly public benefits fee to each customer or member in amount
8that is sufficient for the retail electric cooperative or municipal utility to collect an
9annual average of $17 per meter. A retail electric cooperative or municipal utility
10may determine the amount that a particular class of customers or members is
11required to pay under this paragraph and may charge different fees to different
12classes of customers or members.
SB45-SSA1-SA1,32,1913
(am)
Public benefits fee restriction. Notwithstanding par. (a), for the period
14beginning on the effective date of this paragraph .... [revisor inserts date], and ending
15on June 30, 2008, the total increase in a customer's or member's electric bills that is
16based on the requirement to pay public benefits fees, including any increase
17resulting from a retail electric cooperative's or municipal utility's compliance with
18this section, may not exceed 3% of the total of every other charge for which the
19member or customer is billed for that period or $750 per month, whichever is less.
SB45-SSA1-SA1,32,2420
(b)
Election to contribute to department programs. 1. No later than the first
21day of the 12th month beginning after the effective date of this subdivision ....
22[revisor inserts date], each municipal utility or retail electric cooperative shall notify
23the department whether it has elected to contribute to the programs established
24under sub. (2) (a) or (b) 1. for a 3-year period.
SB45-SSA1-SA1,33,4
12. No later than every 3rd year after the date specified in subd. 1., each
2municipal utility or retail electric cooperative shall notify the department whether
3it has elected to contribute to the programs established under sub. (2) (a) or (b) 1. for
4a 3-year period.
SB45-SSA1-SA1,33,95
(c)
Full contribution. If a municipal utility or retail electric cooperative elects
6under par. (b) 1. or 2. to contribute to the programs established both under sub. (2)
7(a) and under sub. (2) (b) 1., it shall pay 100% of the public benefits fees that it charges
8under par. (a) to the department in each fiscal year of the 3-year period for which it
9has made the election.
SB45-SSA1-SA1,33,1210
(d)
Partial contributions and commitment to community spending. A
11municipal utility or retail electric cooperative not specified in par. (c) shall do one of
12the following:
SB45-SSA1-SA1,33,1613
1. If the municipal utility or retail electric cooperative elects to contribute only
14to the programs established under sub. (2) (a), the municipal utility or retail electric
15cooperative shall, in each fiscal year of the 3-year period for which it elects to
16contribute under par. (b) 1. or 2., do all of the following:
SB45-SSA1-SA1,33,1817
a. Pay no less than 50% of the public benefits fees that it charges under par.
18(a) to the department.
SB45-SSA1-SA1,33,2019
b. Spend no less than 50% of the public benefits fees that it charges under par.
20(a) on energy conservation programs.
SB45-SSA1-SA1,33,2421
2. If the municipal utility or retail electric cooperative elects to contribute only
22to the programs established under sub. (2) (b) 1., the municipal utility or retail
23electric cooperative shall, in each fiscal year of the 3-year period for which it elects
24to contribute under par. (b) 1. or 2., do all of the following:
SB45-SSA1-SA1,34,2
1a. Pay 50% of the public benefits fees that it charges under par. (a) to the
2department.
SB45-SSA1-SA1,34,43
b. Spend no less than 50% of the public benefits fees that it charges under par.
4(a) on programs for low-income assistance.
SB45-SSA1-SA1,34,85
3. If the municipal utility or retail electric cooperative elects not to contribute
6to any of the programs established under sub. (2) (a) or (b) 1., the municipal utility
7or retail electric cooperative shall, in each fiscal year of the 3-year period for which
8it elects not to contribute under par. (b) 1. or 2., do all of the following:
SB45-SSA1-SA1,34,109
a. Spend no less than 50% of the public benefits fees that it charges under par.
10(a) on programs for low-income assistance.
SB45-SSA1-SA1,34,1211
b. Spend no less than 50% of the public benefits fees that it charges under par.
12(a) on energy conservation programs.
SB45-SSA1-SA1,34,1613
(e)
Wholesale supplier credit. If a wholesale supplier has established a program
14for low-income assistance or an energy conservation program, a municipal utility or
15retail electric cooperative that is a customer or member of the wholesale supplier
16may do any of the following:
SB45-SSA1-SA1,34,2117
1. Include an amount equal to the product of the municipal utility's or retail
18electric cooperative's wholesale supply percentage and the amount that the
19wholesale supplier has spent on low-income assistance in a fiscal year in calculating
20the amount that the municipal utility or retail electric cooperative has spent on
21low-income assistance in that fiscal year under par. (d) 2. b. or 3. a.
SB45-SSA1-SA1,35,222
2. Include an amount equal to the product of the municipal utility's or retail
23electric cooperative's wholesale supply percentage and the amount that the
24wholesale supplier has spent on energy conservation programs or customer
25applications of renewable resources in a fiscal year in calculating the amount that
1the municipal utility or retail electric cooperative has spent on energy conservation
2programs under par. (d) 1. b. or 3. b.
SB45-SSA1-SA1,35,63
(f)
Joint programs. Municipal utilities or retail electric cooperatives may
4establish joint commitment to community programs, except that each municipal
5utility or retail electric cooperative that participates in a joint program is required
6to comply with the spending requirements under par. (d).
SB45-SSA1-SA1,35,107
(g)
Reports. 1. For each fiscal year, each municipal utility and retail electric
8cooperative that does not pay 100% of the public benefits fee that it charges under
9par. (a) to the department under par. (c) shall file a report with the department that
10describes each of the following:
SB45-SSA1-SA1,35,1411
a. An accounting of public benefits fees charged to customers or members under
12par. (a) in the fiscal year and expenditures on commitment to community programs
13under par. (d), including any amounts included in the municipal utility's or retail
14electric cooperative's calculations under par. (e).
SB45-SSA1-SA1,35,1615
b. A description of commitment to community programs established by the
16municipal utility or retail electric cooperative in the fiscal year.
SB45-SSA1-SA1,35,1817
2. The department shall maintain reports filed under subd. 1. for at least 6
18years.".
SB45-SSA1-SA1,35,22
20"(c) To the Lac Courte Oreilles Chippewa Indian tribe, $125,000 in each fiscal
21year to develop law enforcement capabilities on the reservation and trust lands of the
22tribe.".
SB45-SSA1-SA1,36,3
216.969 Fees for certain high-voltage transmission lines. (1) In this
3section:
SB45-SSA1-SA1,36,44
(a) "Commission" means the public service commission.
SB45-SSA1-SA1,36,75
(b) "High-voltage transmission line" means a high-voltage transmission line,
6as defined in s. 196.491 (1) (f), that is designed for operation at a nominal voltage of
7345 kilovolts or more.
SB45-SSA1-SA1,36,10
8(2) The department shall promulgate rules that require a person who is issued
9a certificate of public convenience and necessity by the commission under s. 196.491
10(3) for a high-voltage transmission line to pay the department the following fees:
SB45-SSA1-SA1,36,1311
(a) An annual impact fee in an amount equal to 0.3% of the cost of the
12high-voltage transmission line, as determined by the commission under s. 196.491
13(3) (gm).
SB45-SSA1-SA1,36,1614
(b) A one-time environmental impact fee in amount equal to 5% of the cost of
15the high-voltage transmission line, as determined by the commission under s.
16196.491 (3) (gm).
SB45-SSA1-SA1,36,21
17(3) (a) The department shall distribute the fees that are paid by a person under
18the rules promulgated under sub. (2) (a) to each town, village and city that is
19identified by the commission under s. 196.491 (3) (gm) in proportion to the amount
20of investment that is allocated by the commission under s. 196.491 (3) (gm) to each
21such town, village and city.
SB45-SSA1-SA1,36,2322
(b) The fee that is paid by a person under the rules promulgated under sub. (2)
23(b) shall be distributed as follows:
SB45-SSA1-SA1,37,3
11. The department shall pay 50% of the fee to each county that is identified by
2the commission under s. 196.491 (3) (gm) in proportion to the amount of investment
3that is allocated by the commission under s. 196.491 (3) (gm) to each such county.
SB45-SSA1-SA1,37,74
2. The department shall pay 50% of the fee to each town, village and city that
5is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount
6of investment that is allocated by the commission under s. 196.491 (3) (gm) to each
7such town, village and city.
SB45-SSA1-SA1,37,10
8(4) A county, town, village or city that receives a distribution under sub. (3) (b)
9may use the distribution only for park, conservancy, wetland or other similar
10environmental programs.".
SB45-SSA1-SA1,37,2418
17.11
(4) (intro.) If it is determined in the action or proceeding or is found upon
19the investigation that a district attorney or sheriff suspended under this section is
20not guilty of an offense, or has not wilfully neglected or refused to perform his or her
21duties, as charged, that fact shall be certified by the governor to the department of
22administration justice if a district attorney is involved or to the county clerk of the
23sheriff's county if a sheriff is involved. Upon the certification, the district attorney
24or sheriff shall be:".
SB45-SSA1-SA1,38,85
18.13
(4) Consumer privacy advocate. Notwithstanding s. 165.061, the
6consumer privacy advocate does not have authority to initiate any action or
7proceeding concerning the issuance of obligations by the building commission under
8this chapter.".