Amendment ASA1-SB55

SB55-ASA1, s. 1467 Section 1467. 179.16 (4) of the statutes is repealed.

SB55-ASA1, s. 1468 Section 1468. 179.16 (5) of the statutes is amended to read:

SB55-ASA1,983,18 179.16 (5) The department shall charge and collect, for processing a document required or permitted to be filed under this chapter in an expeditious manner, or preparing the information under sub. (4) in an expeditious manner, the expedited service the fee established under s. 182.01 (4) (d) in addition to the fee required by other provisions of this chapter.

SB55-ASA1, s. 1469 Section 1469. 179.88 of the statutes is amended to read:

SB55-ASA1,984,3 179.88 Substituted service. Service of process on the department under this subchapter shall be made by serving of duplicate copies of the process on the department, together with a the fee of $10 established under s. 182.01 (4) (c). The department shall mail notice of the service and a copy of the process within 10 days addressed to the foreign limited partnership at its office in the state of its organization. The time within which the foreign limited partnership may answer or move to dismiss under s. 802.06 (2) does not start to run until 10 days after the date of the mailing. The department shall keep a record of service of process under this section showing the day and hour of service and the date of mailing.

SB55-ASA1, s. 1470 Section 1470. 180.0122 (1) (z) of the statutes is amended to read:

SB55-ASA1,984,6 180.0122 (1) (z) Request for certificate or statement of status, $5 the fee established under s. 182.01 (4) (b).

SB55-ASA1, s. 1471 Section 1471. 180.0122 (2) of the statutes is amended to read:

SB55-ASA1,984,11 180.0122 (2) The department shall collect a $10 the fee established under s. 182.01 (4) (c) each time process is served on the department under this chapter. The party to a civil, criminal, administrative or investigatory proceeding causing service of process may recover this fee as costs if the party prevails in the proceeding.

SB55-ASA1, s. 1472 Section 1472. 180.0122 (4) of the statutes is amended to read:

SB55-ASA1,984,18 180.0122 (4) In addition to the fees required under sub. (1), the department shall collect the expedited service fee established under s. 182.01 (4) (d) for processing in an expeditious manner a document required or permitted to be filed under this chapter or and shall collect the fee established under s. 182.01 (4) (f) for preparing in an expeditious manner a certificate of status under s. 180.0128 (1) to (3) or a statement of status under s. 180.0128 (4).

SB55-ASA1, s. 1473 Section 1473. 181.0122 (1) (zm) of the statutes is amended to read:

SB55-ASA1,984,22 181.0122 (1) (zm) Request for certificate or statement of status, $5 or, if information other than the information provided under s. 181.0128 (2) is requested, $10 the fee established under s. 182.01 (4) (b).

SB55-ASA1, s. 1474 Section 1474. 181.0122 (2) of the statutes is amended to read:

SB55-ASA1,985,3 181.0122 (2) Process fee. The department shall collect a $10 the fee established under s. 182.01 (4) (c) each time process is served on the department under this chapter. The party to a civil, criminal, administrative or investigatory proceeding who is causing service of process may recover this fee as costs if the party prevails in the proceeding.

SB55-ASA1, s. 1475 Section 1475. 181.0122 (4) of the statutes is amended to read:

SB55-ASA1,985,10 181.0122 (4) Expedited service fee. In addition to the fees required under sub. (1), the department shall collect the expedited service fee established under s. 182.01 (4) (d) for processing, in an expeditious manner, a document required or permitted to be filed under this chapter or and shall collect the fee established under s. 182.01 (4) (f) for preparing, in an expeditious manner, a certificate of status under s. 181.0128 (2) or a statement of status under s. 181.0128 (4).

SB55-ASA1, s. 1476 Section 1476. 182.01 (4) of the statutes is repealed and recreated to read:

SB55-ASA1,985,13 182.01 (4) Preparation of copies, issuance of certificates, and performance of services. The department shall establish by rule the fees for all of the following:

SB55-ASA1,985,16 (a) Providing electronic access to, or preparing and supplying copies or certified copies of, any resolution, deed, bond, record, document, or paper deposited with or kept by the department under this section.

SB55-ASA1,985,18 (b) Issuing certificates or statements, in any form, relating to the results of searches of records and files of the department.

SB55-ASA1,985,20 (c) Processing any service of process, notice, or demand served on the department.

SB55-ASA1,985,22 (d) Processing, in an expeditious manner, a document required or permitted to be filed with the department.

SB55-ASA1,985,25 (e) Providing, in an expeditious manner, electronic access to any resolution, deed, bond, record, document, or paper deposited with or kept by the department under this section.

SB55-ASA1,986,2 (f) Preparing, in an expeditious manner, any copies, certified copies, certificates, or statements provided under this section.

SB55-ASA1, s. 1477 Section 1477. 183.0114 (1) (t) of the statutes is amended to read:

SB55-ASA1,986,5 183.0114 (1) (t) Request for certificate or statement of status, $5 the fee established under s. 182.01 (4) (b).

SB55-ASA1, s. 1478 Section 1478. 183.0114 (1) (u) of the statutes is amended to read:

SB55-ASA1,986,9 183.0114 (1) (u) Processing in an expeditious manner a document required or permitted to be filed under this chapter, or preparing in an expeditious manner a certificate or statement of status, $25 the fee established under s. 182.01 (4) (d).

SB55-ASA1, s. 1479 Section 1479. 185.83 (1) (d) of the statutes is amended to read:

SB55-ASA1,986,13 185.83 (1) (d) Receiving services of any process, notice or demand, authorized to be served on the department by this chapter, $10 the fee established under s. 182.01 (4) (c).

SB55-ASA1, s. 1480 Section 1480. 185.83 (1) (f) of the statutes is repealed.

SB55-ASA1, s. 1481 Section 1481. 185.83 (1) (fm) of the statutes is repealed.

SB55-ASA1, s. 1482 Section 1482. 185.83 (1) (h) of the statutes is amended to read:

SB55-ASA1,986,20 185.83 (1) (h) Processing a document required or permitted to be filed or recorded under this chapter in an expeditious manner, or preparing the information under par. (f) or (fm) in an expeditious manner, $25 the fee established under s. 182.01 (4) (d) in addition to the fee required by other provisions of this chapter.

SB55-ASA1, s. 2972t Section 2972t. 195.60 (2) of the statutes is amended to read:

SB55-ASA1,987,13 195.60 (2) The office shall annually, within 90 days after the close of each fiscal year, ascertain the total of its expenditures during such year which are reasonably attributable to the performance of its duties relating to railroads. For purposes of such calculation, 90% of the expenditures so determined shall be expenditures of the office and 10% of the expenditures so determined shall be expenditures for state government operations. The office shall deduct therefrom all amounts chargeable to railroads under sub. (1) and s. 201.10 (3). A sum equal to the remainder plus 10% of the remainder shall be assessed by the office to the several railroads in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. Such assessment shall be paid within 30 days after the bill has been mailed to the several railroads, which bill shall constitute notice of assessment and demand of payment thereof. The total amount which may be assessed to the railroads under authority of this subsection shall not exceed 1.75% 1.85% of the total gross operating revenues of such railroads, during such calendar year, derived from intrastate operations. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (2) (g). The railroads shall furnish such financial information as the office requires.

SB55-ASA1, s. 1483 Section 1483. 196.01 (3n) of the statutes is repealed.

SB55-ASA1, s. 1484 Section 1484. 196.01 (3p) of the statutes is repealed.

SB55-ASA1, s. 1485 Section 1485. 196.01 (3q) of the statutes is renumbered 101.91 (6m) and amended to read:

SB55-ASA1,987,22 101.91 (6m) "Mobile Manufactured home park contractor" means a person, other than a public utility, as defined in s. 196.01 (5) (a), who, under a contract with a mobile manufactured home park operator, provides water or sewer service to a mobile manufactured home park occupant or performs a service related to providing water or sewer service to a mobile manufactured home park occupant.

SB55-ASA1, s. 1486 Section 1486. 196.01 (3s) of the statutes is renumbered 101.91 (7) and amended to read:

SB55-ASA1,988,2 101.91 (7) "Mobile Manufactured home park occupant" means a person who rents or owns a mobile manufactured home in a mobile manufactured home park.

SB55-ASA1, s. 1487 Section 1487. 196.01 (3t) of the statutes is renumbered 101.91 (8) and amended to read:

SB55-ASA1,988,6 101.91 (8) "Mobile Manufactured home park operator" means a person engaged in the business of owning or managing a mobile manufactured home park.

SB55-ASA1, s. 1488 Section 1488. 196.07 (2) of the statutes is amended to read:

SB55-ASA1,988,16 196.07 (2) If a public utility fails to file a report with the commission containing its balance sheet and other information prescribed by the commission by the date the report is due under sub. (1), the commission may prepare the report from the records of the public utility. All expenses of the commission in preparing the report, plus a penalty equal to 50% of the amount of the expenses, shall be assessed against and collected from the public utility under s. 196.85. The amount of the charge to a public utility shall not be limited by s. 196.85 (1) (b) and shall be in addition to any other charges assessable under s. 196.85. The penalty provision of the charge shall be credited to the general fund under s. 20.906.

SB55-ASA1, s. 2978m Section 2978m. 196.191 of the statutes is created to read:

SB55-ASA1,988,19 196.191 Distributed generation electric rates. (1) Definitions. In this section:

SB55-ASA1,988,23 (a) "Distributed generation facility" means a facility operated by an electric consumer that uses any form of generation, including photovoltaic or fuel cells or wind power, for producing electric power. "Distributed generation facility" includes a small electric generating facility used by an independent power producer.

SB55-ASA1,988,25 (b) "Engineering concerns" includes concerns related to power quality or the safety and reliability of the state's electric power distribution grid.

SB55-ASA1,989,1 (c) "Regulatory concerns" includes concerns related to any of the following:

SB55-ASA1,989,2 1. Tariffs for a public utility's distributed generation.

SB55-ASA1,989,4 2. Nondiscriminatory fees that a public utility may charge the owner or operator of a distributed generation facility.

SB55-ASA1,989,6 3. The cost of upgrades to the state's electric power distribution grid that are required by interconnection.

SB55-ASA1,989,9 4. Other terms and conditions imposed by a public utility on the owner or operator of a distributed generation facility, including liability insurance, indemnification, or terms and conditions related to the transfer or sale of property.

SB55-ASA1,989,17 (2) Use and interconnection rules. The commission shall promulgate rules that facilitate, to the greatest extent possible, the use of distributed generation facilities and their interconnection to the state's electric power distribution grid. The rules shall include standards for interconnection that are uniform across the state regardless of the distributed generation facility that is interconnected and regardless of the owner of the transmission facility to which interconnection is made, except where engineering and regulatory concerns require additional interconnection standards.

SB55-ASA1,989,20 (3) Purchase rules. The commission shall promulgate rules establishing standards for the purchase by public utilities of electric power produced by distributed generation facilities, including standards for all of the following:

SB55-ASA1,989,23 (a) The use of a net metering tariff for a distributed generation facility with a capacity that does not exceed 20 kilowatts or the peak load of the facility's owner, whichever is greater.

SB55-ASA1,990,3 (b) The use of real-time pricing such that the price paid by a public utility for power placed on the state's electric power distribution grid by a distributed generation facility reflects the utility's cost of generation at that time.

SB55-ASA1, s. 1489 Section 1489. 196.195 (12) (b) 1. d. of the statutes is repealed.

SB55-ASA1, s. 1490 Section 1490. 196.196 (1) (cm) of the statutes is repealed.

SB55-ASA1, s. 1491 Section 1491. 196.196 (5) (b) 6. of the statutes is repealed.

SB55-ASA1, s. 1492 Section 1492. 196.218 (5) (a) 5. of the statutes is amended to read:

SB55-ASA1,990,12 196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 (7) to the extent that these costs are not paid under s. 44.73 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under s. 44.73 (2r) (a).

SB55-ASA1, s. 1493 Section 1493. 196.218 (5) (a) 6. of the statutes is amended to read:

SB55-ASA1,990,17 196.218 (5) (a) 6. To pay the department of administration electronic government for telecommunications services provided under s. 16.973 22.05 (1) to the campuses of the University of Wisconsin System at River Falls, Stout, Superior and Whitewater.

SB55-ASA1, s. 1494 Section 1494. 196.218 (5r) (a) 4. of the statutes is amended to read:

SB55-ASA1,990,24 196.218 (5r) (a) 4. An assessment of how successful investments identified in s. 196.196 (5) (f), assistance provided by the universal service fund or the Wisconsin advanced telecommunications foundation, and price regulation and other alternative incentive regulations of telecommunications utilities designed to promote competition have been in advancing the public interest goals identified under s. 196.03 (6), and recommendations for further advancing those goals.

SB55-ASA1, s. 2984m Section 2984m. 196.219 (3) (o) of the statutes is created to read:

SB55-ASA1,991,6 196.219 (3) (o) Refuse to transfer or facilitate the transfer of the telecommunications utility's or telecommunications provider's local exchange service customers to another telecommunications provider on the same terms and conditions as the telecommunications utility or telecommunications provider receives from any other telecommunications provider, unless such terms and conditions violate federal law.

SB55-ASA1, s. 1495 Section 1495. 196.26 (1) (a) of the statutes is amended to read:

SB55-ASA1,991,13 196.26 (1) (a) A complaint filed with the commission that any rate, toll, charge, or schedule, joint rate, regulation, measurement, act, or practice relating to the provision of heat, light, water, power, or telecommunications service, or to the provision of water or sewer service by a mobile home park operator or mobile home park contractor, is unreasonable, inadequate, unjustly discriminatory, or cannot be obtained.

SB55-ASA1, s. 1496 Section 1496. 196.26 (1m) of the statutes is amended to read:

SB55-ASA1,992,2 196.26 (1m) Investigation of complaint. If any mercantile, agricultural, or manufacturing society, body politic, municipal organization, or 25 persons file a complaint specified in sub. (1) (a) against a public utility, or if the commission terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b., or if a person files a complaint specified in sub. (1) (c), the commission, with or without notice, may investigate the complaint under this section as it considers necessary. If the mobile home park occupants of 25% of the total number of mobile homes in a mobile home park or the mobile home park occupants of 25 mobile homes in a mobile home park, whichever is less, files a complaint specified in sub. (1) (a) against a mobile home park contractor or mobile home park operator, the commission, with or without notice, may investigate the complaint as it considers necessary. The commission may not issue an order based on an investigation under this subsection without a public hearing.

SB55-ASA1, s. 1497 Section 1497. 196.26 (2) (a) of the statutes is amended to read:

SB55-ASA1,992,9 196.26 (2) (a) Prior to a hearing under this section, the commission shall notify the public utility, mobile home park contractor, mobile home park operator or party to an interconnection agreement complained of that a complaint has been made, and 10 days after the notice has been given the commission may proceed to set a time and place for a hearing and an investigation. This paragraph does not apply to a complaint specified in sub. (1) (b).

SB55-ASA1, s. 1498 Section 1498. 196.26 (2) (b) of the statutes is amended to read:

SB55-ASA1,992,21 196.26 (2) (b) The commission shall give the complainant and either the public utility, mobile home park contractor, mobile home park operator or party to an interconnection agreement which is the subject of a complaint specified in sub. (1) (a) or (c) or, for a complaint specified in sub. (1) (b), a party to an interconnection agreement who is identified in a notice under s. 196.199 (3) (b) 1. b., 10 days' notice of the time and place of the hearing and the matter to be considered and determined at the hearing. The complainant and either the public utility, mobile home park contractor, mobile home park operator or party to the interconnection agreement may be heard. The commission may subpoena any witness at the request of the public utility, mobile home park contractor, mobile home park operator, party to the interconnection agreement, or complainant.

SB55-ASA1, s. 1499 Section 1499. 196.28 (1) of the statutes is amended to read:

SB55-ASA1,993,3 196.28 (1) If the commission believes that any rate or charge is unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any public utility or to any provision of water or sewer service by a mobile home park operator or mobile home park contractor should for any reason be made, the commission on its own motion summarily may investigate with or without notice.

SB55-ASA1, s. 1500 Section 1500. 196.28 (3) of the statutes is amended to read:

SB55-ASA1,993,12 196.28 (3) Notice of the time and place for a hearing under sub. (2) shall be given to the public utility, mobile home park contractor or mobile home park operator, and to such other interested persons as the commission considers necessary. After the notice has been given, proceedings shall be had and conducted in reference to the matter investigated as if a complaint specified in s. 196.26 (1) (a) had been filed with the commission relative to the matter investigated. The same order or orders may be made in reference to the matter as if the investigation had been made on complaint under s. 196.26.

SB55-ASA1, s. 3001m Section 3001m. 196.491 (3c) of the statutes is created to read:

SB55-ASA1,993,18 196.491 (3c) Commencement of construction of large electric generating facilities. (a) Except as provided in par. (b), an electric utility that has received a certificate of public convenience and necessity under sub. (3) for constructing a large electric generating facility shall commence construction no later than one year after the latest of the following:

SB55-ASA1,993,20 1. The date on which the commission issues the certificate of public convenience and necessity.

SB55-ASA1,993,23 2. The date on which the electric utility has been issued every federal and state permit, approval, and license that is required prior to commencement of construction.

SB55-ASA1,994,3 3. The date on which every deadline has expired for requesting administrative review or reconsideration of every federal and state permit, approval, and license that is required prior to commencement of construction.

SB55-ASA1,994,6 4. The date on which the electric utility has received the final decision, after exhaustion of judicial review, in every proceeding for judicial review described in sub. (3) (j).