AB655, s. 165
5Section
165. 196.24 (3) of the statutes is amended to read:
AB655,65,166
196.24
(3) The commission may conduct any number of investigations
7contemporaneously through different agents, and may delegate to any agent the
8authority to take testimony bearing upon any investigation or at any hearing. The
9decision of the commission shall comply with s. 227.46 and shall be based upon its
10records and upon the evidence before it, except that
, notwithstanding s. 227.46 (4), 11a decision maker may hear a case or read or review the record of a case if the record
12includes a synopsis or summary of the testimony and other evidence presented at the
13hearing that is prepared by the commission staff. Parties shall have an opportunity
14to demonstrate to a decision maker that a synopsis or summary prepared under this
15subsection is not sufficiently complete or accurate to fairly reflect the relevant and
16material testimony or other evidence presented at a hearing.
AB655, s. 166
17Section
166. 196.374 (3) of the statutes is amended to read:
AB655,66,618
196.374
(3) In 2000, 2001 and 2002, the commission shall require each utility
19to spend a decreasing portion of the amount determined under sub. (2) on programs
20specified in sub. (2) and contribute the remaining portion of the amount to the
21commission for deposit in the fund.
In Except as provided in sub. (3m), in each year
22after 2002, each utility shall contribute the entire amount determined under sub. (2)
23to the commission for deposit in the fund. The commission shall ensure in
24rate-making orders that a utility recovers from its ratepayers the amounts spent on
25programs or contributed to the fund under this subsection
or retained under sub.
1(3m). The commission shall allow each utility the option of continuing to use, until
2January 1, 2002, the moneys that it has recovered under s. 196.374 (3), 1997 stats.,
3to administer the programs that it has funded under s. 196.374 (1), 1997 stats. The
4commission may allow each utility to spend additional moneys on the programs
5specified in sub. (2) if the utility otherwise complies with the requirements of this
6section and s. 16.957 (4).
AB655, s. 167
7Section
167. 196.374 (3m) of the statutes is created to read:
AB655,66,188
196.374
(3m) (a) In each fiscal year, the commission may allow a utility to
9retain a portion of the amount determined under sub. (2) instead of contributing the
10entire amount to the commission, if the commission determines that the portion is
11used by the utility for energy conservation programs for industrial, commercial, and
12agricultural customers in the utility's service area and that the programs comply
13with rules promulgated by the commission. The rules shall specify annual energy
14savings targets that the programs must be designed to achieve. The rules shall also
15require a utility to demonstrate that, no later than a reasonable period of time, as
16determined by the commission, after the utility implements a program, the economic
17value of the benefits resulting from the program will be equal to the portion that the
18utility is allowed to retain under this paragraph.
AB655,66,2319
(b) If the commission allows a utility to retain a portion under par. (a), the
20utility must contribute 1.75% of the portion to the commission for deposit in the fund
21for programs for research and development for energy conservation and efficiency
22and must contribute 4.5% of the portion to the commission for deposit in the fund for
23renewable resource programs.
AB655,67,3
1(c) A utility may not pay for any expenses related to administration, marketing,
2or delivery of services for programs specified in par. (a) from any portion of a
3contribution the utility is allowed to retain under par. (a).
AB655, s. 168
4Section
168. 196.491 (1) (d) of the statutes is amended to read:
AB655,67,95
196.491
(1) (d) "Electric utility" means any public utility, as defined in s.
6196.01, which is involved in the generation, distribution and sale of electric energy,
7and any corporation, company, individual or association, and any cooperative
8association, which owns or operates, or plans within the next
3 7 years to construct,
9own or operate, facilities in the state.
AB655, s. 169
10Section
169. 196.491 (2) (a) 3. of the statutes is amended to read:
AB655,67,1211
196.491
(2) (a) 3. Identify and describe large electric generating facilities on
12which an electric utility plans to commence construction within
3 7 years.
AB655, s. 170
13Section
170. 196.491 (2) (a) 3m. of the statutes is amended to read:
AB655,67,1514
196.491
(2) (a) 3m. Identify and describe high-voltage transmission lines on
15which an electric utility plans to commence construction within
3 7 years.
AB655, s. 171
16Section
171. 196.491 (2) (g) of the statutes is amended to read:
AB655,68,717
196.491
(2) (g) No sooner than 30 and no later than 90 days after copies of the
18draft are issued under par. (b), the commission shall hold a hearing on the draft
19which may not be a hearing under s. 227.42 or 227.44. The hearing shall be held in
20an administrative district, established by executive order 22, issued
21August 24, 1970, which the commission determines will be significantly affected by
22facilities on which an electric utility plans to commence construction within
3 7 23years. The commission may thereafter adjourn the hearing to other locations or may
24conduct the hearing by interactive video conference or other electronic method.
25Notice of such hearing shall be given by class 1 notice, under ch. 985, published in
1the official state newspaper and such other regional papers of general circulation as
2may be designated by the commission. At such hearing the commission shall briefly
3describe the strategic energy assessment and give all interested persons an
4opportunity, subject to reasonable limitations on the presentation of repetitious
5material, to express their views on any aspect of the strategic energy assessment.
6A record of the hearing shall be made and considered by the commission as comments
7on the strategic energy assessment under par. (e).
AB655, s. 172
8Section
172. 221.0901 (3) (a) 1. of the statutes is amended to read:
AB655,68,109
221.0901
(3) (a) 1. Merge or consolidate with an in-state bank holding company
10or in-state bank.
AB655, s. 173
11Section
173. 221.0901 (8) (a) and (b) of the statutes are amended to read:
AB655,68,1712
221.0901
(8) (a) Except as provided in pars. (b) and (c), the division may not
13approve an application
by an out-of-state bank holding company under sub. (3) (a)
,
14other than an application by an in-state bank holding company or in-state bank, 15unless the in-state bank to be acquired, or all in-state bank subsidiaries of the
16in-state bank holding company to be acquired, have as of the proposed date of
17acquisition been in existence and in continuous operation for at least 5 years.
AB655,68,2518
(b)
The Except as otherwise provided in this paragraph, the division may
19approve an application
under sub. (3) (a) for an acquisition of an in-state bank
20holding company that owns one or more in-state banks that have been in existence
21for less than 5 years, if the
out-of-state bank holding company applicant divests
22itself of those in-state banks within 2 years after the date of acquisition of the
23in-state bank holding company by the
out-of-state bank holding company 24applicant. This paragraph does not apply if the applicant is an in-state bank holding
25company or in-state bank.
AB655, s. 174
1Section
174. 227.135 (1) (e) and (f) of the statutes are created to read:
AB655,69,42
227.135
(1) (e) A summary of any existing or anticipated federal program that
3is intended to address the activities to be regulated by the rule and an analysis of the
4need for the rule if a federal program exists.
AB655,69,65
(f) An assessment of whether the rule is inconsistent, duplicative, or more
6stringent than the regulations under any federal program summarized in par. (e).
AB655, s. 175
7Section
175. 227.137 of the statutes is created to read:
AB655,69,16
8227.137 Economic impact reports of guidelines, policies, and rules. (1) 9After an agency publishes a statement of the scope of a proposed rule under s.
10227.135, and before the agency submits the proposed rule to the legislative council
11for review under s. 227.15, a municipality, an association that represents a farm,
12labor, business, or professional group, or 5 or more persons having an interest in the
13proposed rule may petition the agency to prepare an economic impact report of the
14proposed rule. If the agency determines that the petitioner may be economically
15affected by the proposed rule, the agency shall prepare an economic impact report
16before submitting the proposed rule to the legislative council under s. 227.15.
AB655,69,23
17(2) A municipality, an association that represents a farm, labor, business, or
18professional group, or 5 or more persons affected by an existing or proposed agency
19guideline or policy, including agency comments and policies in response to federal
20regulations, may petition the agency to prepare an economic impact report for that
21existing or proposed agency guideline or policy. If the agency determines that the
22petitioner may be economically affected by the proposed or existing guideline or
23policy, the agency shall prepare an economic impact report.
AB655,70,8
24(3) An economic impact report shall contain information on the effect of the
25proposed rule or existing or proposed guideline or policy on specific businesses,
1business sectors, and the state's economy. When preparing the report, the agency
2shall solicit information and advice from the department of commerce and
3governmental units, associations, businesses, and individuals that may be affected
4by the proposed rule or existing or proposed guideline or policy. The agency may
5request information that is reasonably necessary for the preparation of an economic
6impact report from other state agencies, governmental units, associations,
7businesses, and individuals, but no one is required to respond to that request. The
8economic impact report shall include all of the following:
AB655,70,109
(a) An analysis and quantification of the problem, including any risks to public
10health or the environment, that the guideline, policy, or rule is intending to address.
AB655,70,1411
(b) An analysis and quantification of the economic impact of the guideline,
12policy, or rule, including direct, indirect, and consequential costs reasonably
13expected to be incurred by the state, governmental units, associations, businesses,
14and affected individuals.
AB655,70,1715
(c) An analysis of the guideline's, policy's, or rule's impact on the state's
16economy, including how the guideline, policy, or rule affects the state's economic
17development policies.
AB655,70,2018
(d) An analysis of benefits of the guideline, policy, or rule, including how the
19guideline, policy, or rule reduces the risks and addresses the problems that the
20guideline, policy, or rule is intended to address.
AB655,70,2221
(e) An analysis that compares the benefits to the costs of the guideline, policy,
22or rule.
AB655,71,223
(f) An analysis of existing or anticipated federal programs that are intended to
24address the risks and problems the agency is intending to address with the guideline,
25policy, or rule, including a determination of whether the guideline, policy, or rule and
1related administrative requirements are consistent with and not duplicative of those
2existing or anticipated federal programs.
AB655,71,63
(g) An analysis of regulatory alternatives to the guideline, policy, or rule,
4including the alternative of no regulation, and a determination of whether the
5guideline, policy, or rule addresses the identified risks and problems the agency is
6intending to address in the most cost-efficient manner.
AB655,71,97
(h) A comparison of the costs of the guideline, policy, or rule borne by Wisconsin
8businesses to costs borne by similar businesses located in Indiana, Missouri, and
9adjacent states.
AB655,71,11
10(4) The agency shall submit the economic impact report to the legislative
11council staff, to the department of administration, and to the petitioner.
AB655,71,13
12(5) This section does not apply to emergency rules promulgated under s.
13227.24.
AB655, s. 176
14Section
176. 227.138 of the statutes is created to read:
AB655,71,16
15227.138 Department of administration review of proposed rules. (1) 16In this section:
AB655,71,1717
(a) "Department" means the department of administration.
AB655,71,1818
(b) "Economic impact report" means a report prepared under s. 227.137.
AB655,71,2019
(c) "Guideline or policy" includes any agency comments or policies in response
20to federal regulations.
AB655,72,6
21(2) If the department receives an economic impact report under s. 227.137 (4)
22regarding a proposed rule, the department shall review the proposed rule and issue
23a report. A municipality, an association that represents a farm, labor, business, or
24professional group, or 5 or more persons having an interest in a proposed rule may
25petition the department to review the proposed rule. If the department determines
1that the petitioner may be economically affected by the proposed rule, the
2department shall review the proposed rule and issue a report. The department shall
3notify the agency that a report will be prepared and that the agency shall not submit
4a proposed rule to the legislative council for review under s. 227.15 (1) until the
5agency receives a copy of the department's report. The report shall include all of the
6following findings:
AB655,72,97
(a) If an economic impact report was prepared as required under s. 227.137 (1),
8that the report and the analysis required under s. 227.137 (3) are supported by
9related documentation contained in the economic impact report.
AB655,72,1110
(b) That the agency has clear statutory authority to promulgate the proposed
11rule.
AB655,72,1312
(c) That the proposed rule, including any administrative requirements, is
13consistent with and not duplicative of other state rules or federal regulations.
AB655,72,1514
(d) That the proposed rule is consistent with the governor's positions and
15priorities, including those related to economic development.
AB655,72,1816
(e) That the agency used data, studies, and other sources of information in
17developing the proposed rule that is complete, accurate, and derived from accepted
18scientific methodologies.
AB655,73,3
19(3) Before issuing a report under sub. (2), the department may return a
20proposed rule to the agency for further consideration and revision with a written
21explanation of why the proposed rule is returned. If the agency head disagrees with
22the department's reasons for returning the proposed rule, the agency head shall so
23notify the department in writing. The department secretary shall approve the
24proposed rule when the agency has adequately addressed the issues raised during
25the department's review of the rule. The department shall submit a statement to the
1governor indicating the department's approval of the proposed rule, the
2correspondence between the agency and the department related to the proposed rule,
3and a copy of its report regarding the proposed rule.
AB655,73,13
4(4) If the department receives an economic impact report under s. 227.137 (4)
5regarding a proposed or existing guideline or policy, the department shall review the
6guideline or policy and issue a report. A municipality, an association that represents
7a farm, labor, business, or professional group, or 5 or more persons having an interest
8in a proposed or existing guideline or policy may petition the department to review
9the guideline or policy. If the department determines that the petitioner may be
10economically affected by the guideline or policy, the department shall review the
11guideline or policy and issue a report. The department shall notify the agency that
12a report will be prepared. The report shall include findings consistent with those
13under sub. (2) and include the following findings:
AB655,73,1614
(a) If an economic impact report was prepared as required under s. 227.137 (4),
15that the report and the analysis required under s. 227.137 (3) are supported by
16related documentation contained in the economic impact report.
AB655,73,1817
(b) That the guideline or policy is consistent with and does not exceed the
18agency's statutory authority.
AB655,73,2019
(c) That the guideline or policy is consistent with the governor's positions and
20priorities, including those related to economic development.
AB655,73,2221
(d) That the guideline or policy is of the type that is not required to be
22promulgated as a rule.
AB655,74,2
23(5) Before issuing a report under sub. (4), the department may prohibit an
24agency from implementing a proposed guideline or policy until the department
1secretary determines that the proposed guideline or policy meets the criteria under
2sub. (4) (a) to (d).
AB655, s. 177
3Section
177. 227.14 (2) (a) of the statutes is amended to read:
AB655,74,64
227.14
(2) (a) An agency shall prepare in plain language an analysis of each
5proposed rule, which shall be printed with the proposed rule when it is published or
6distributed. The analysis shall include
a all of the following:
AB655,74,8
71. A reference to each statute that the proposed rule interprets, each statute
8that authorizes its promulgation, each related statute or related rule
and a.
AB655,74,9
92. A brief summary of the proposed rule.
AB655, s. 178
10Section
178. 227.14 (2) (a) 3. of the statutes is created to read:
AB655,74,1211
227.14
(2) (a) 3. A summary of the relevant legal interpretations and policy
12considerations underlying the proposed rule.
AB655, s. 179
13Section
179. 227.14 (2) (a) 4. of the statutes is created to read:
AB655,74,1514
227.14
(2) (a) 4. A summary of existing and anticipated federal regulatory
15programs intended to address similar matters.
AB655, s. 180
16Section
180. 227.14 (2) (a) 5. of the statutes is created to read:
AB655,74,2217
227.14
(2) (a) 5. A summary of the factual data, studies, and other sources of
18information on which the proposed rule is based, the methodology used to obtain and
19analyze the data, studies, and other sources of information, how the data, studies,
20and other sources of information support the regulatory approach chosen for the rule,
21and how the data, studies, and other sources of information support any required
22agency's findings.
AB655, s. 181
23Section
181. 227.14 (2) (a) 6. of the statutes is created to read:
AB655,75,3
1227.14
(2) (a) 6. Any analysis and supporting documentation used when the
2agency considered the rule's effect on small businesses under s. 227.114 or used when
3preparing an economic impact report under s. 227.137 (3).
AB655, s. 182
4Section
182. 227.14 (4) (b) 3. of the statutes is created to read:
AB655,75,75
227.14
(4) (b) 3. For rules that the agency determines may have a significant
6fiscal effect on the private sector, the anticipated costs that will be incurred by the
7private sector in complying with the rule.
AB655, s. 183
8Section
183. 227.185 of the statutes is created to read:
AB655,75,16
9227.185 Approval by governor. After a proposed rule is in final draft form
10and approved by the department of administration under s. 227.138 (3), the agency
11shall submit the rule to the governor. The governor may approve, modify, or reject
12the proposed rule. If the governor approves a proposed rule, the governor shall
13provide the agency with a written notice of that approval. No proposed rule may be
14submitted to the legislature for review under s. 227.19 (2) or filed with the office of
15secretary of state or revisor unless the governor has approved the proposed rule in
16writing. This section does not apply to emergency rules promulgated under s. 227.24.
AB655, s. 184
17Section
184. 227.19 (2) of the statutes is amended to read:
AB655,76,518
227.19
(2) Notification of legislature. An agency shall submit a notice to the
19presiding officer of each house of the legislature when a proposed rule is in final draft
20form
and approved by the governor. The notice shall be submitted in triplicate and
21shall be accompanied by a report in the form specified under sub. (3). A notice
22received under this subsection on or after September 1 of an even-numbered year
23shall be considered received on the first day of the next regular session of the
24legislature. Each presiding officer shall, within 7 working days following the day on
25which the notice and report are received, refer them to one committee, which may
1be either a standing committee or a joint legislative committee created by law, except
2the joint committee for review of administrative rules. The agency shall submit to
3the revisor for publication in the register a statement that a proposed rule has been
4submitted to the presiding officer of each house of the legislature. Each presiding
5officer shall enter a similar statement in the journal of his or her house.
AB655, s. 185
6Section
185. 227.19 (3) (intro.) of the statutes is amended to read:
AB655,76,137
227.19
(3) Form of report. (intro.) The report required under sub. (2) shall be
8in writing and shall include the proposed rule in the form specified in s. 227.14 (1),
9the material specified in s. 227.14 (2) to (4),
a copy of any economic impact report
10prepared by the agency under s. 227.137, a copy of the report prepared by the
11department of administration under s. 227.138, a copy of the written approval of the
12governor under s. 227.185, a copy of any recommendations of the legislative council
13staff
, and an analysis. The analysis shall include:
AB655, s. 186
14Section
186. 227.19 (3) (a) of the statutes is amended to read:
AB655,76,1715
227.19
(3) (a) A
detailed statement explaining the
need for basis and purpose
16of the proposed rule
, including how the proposed rule advances relevant statutory
17goals or purposes.
AB655, s. 187
18Section
187. 227.19 (3) (am) of the statutes is created to read:
AB655,76,2119
227.19
(3) (am) An analysis of policy alternatives to the proposed rule,
20including reliance on federal regulatory programs, and an explanation for the
21rejection of those alternatives.
AB655, s. 188
22Section
188. 227.19 (3) (b) of the statutes is amended to read:
AB655,77,223
227.19
(3) (b)
An A summary of public comments to the proposed rule and the
24agency's response to those comments, and an explanation of any modification made
1in the proposed rule as a result of
public comments or testimony received at a public
2hearing.
AB655, s. 189
3Section
189. 227.19 (3) (cm) of the statutes is created to read:
AB655,77,54
227.19
(3) (cm) Any changes to the analysis prepared under s. 227.14 (2) or the
5fiscal estimate prepared under s. 227.14 (4).
AB655, s. 190
6Section
190. 227.40 (4m) of the statutes is created to read:
AB655,77,137
227.40
(4m) (a) In any proceeding under this section for judicial review of a
8rule, the court shall conduct the review without a jury. The review shall be confined
9to a substantial inquiry of the agency record, as necessarily and appropriately
10supplemented by evidence presented to the court. The agency record includes the
11economic impact report and documentation required under s. 227.137 (3), the
12analysis and documentation required under ss. 227.14 (2) and 227.19 (3), and public
13comments on the rule.
AB655,77,1614
(b) The court shall treat separately disputed issues of agency procedure,
15interpretations of law, and determinations of fact or policy within the agency's
16exercise of delegated discretion.
AB655,77,2417
(c) When reviewing whether a rule is invalid as promulgated for failure to
18comply with statutory rule-making procedures under this chapter, the court shall
19determine the adequacy of the factual basis to support the rule and the related
20reasoning employed by the agency to reach its conclusions. When determining the
21adequacy of the factual basis to support the rule, the court shall consider relevant
22comments on and alternatives to the rule's approach offered by affected parties
23during the rule-making process. Based on this review, the court shall find the rule
24invalid if the agency's decision-making process was arbitrary and capricious.
AB655,78,4
1(d) The court shall find a rule invalid if it determines that the adequacy of the
2rule-making process or that the validity of the regulatory approach was impaired by
3a material error in agency procedure or a failure of the agency to follow prescribed
4procedure.