Amendment SSA1-SB459

SB459-SSA1,4,8 (e) No later than March 1 of each year, the department shall submit a report to the governor and chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), concerning the degree of attainment and, if applicable, reasons for nonattainment by the state during the preceding year in meeting the goals established by the department under par. (b).

SB459-SSA1, s. 2 Section 2. 16.855 (10s) of the statutes is created to read:

SB459-SSA1,4,19 16.855 (10s) (a) The department shall, by rule, prescribe and annually review and revise as necessary energy efficiency standards for equipment that is installed as a component of a construction project and that relates to heating, ventilation, air conditioning, water heating or cooling, lighting, refrigeration, or any other function that consumes energy. The standards shall meet or exceed current applicable guidelines of the federal environmental protection agency relating to energy efficiency of the functions specified in this paragraph, guidelines that apply to the federal energy management program under 42 USC 8251 et seq., and standards established by the American society of heating, refrigerating and air-conditioning engineers.

SB459-SSA1,5,11 (b) The department shall ensure that the specifications for any equipment that is designed for heating, ventilation, air conditioning, water heating or cooling, lighting, refrigeration, or any other function that consumes energy under any construction project contract administered by the department meet applicable standards established under par. (a). If there is no standard under par. (a) applicable to the type of equipment being purchased or if the equipment meeting that standard is not reasonably available, the department shall ensure that energy consumption within a building, structure, or facility and all equipment that is purchased under each contract administered by the department maximizes energy efficiency to the extent technically and economically feasible. The department shall not determine that equipment that meets the applicable standard under par. (a) either is not reasonably available on the basis of cost alone or is not cost-effective unless the difference in the cost of the purchase and installation of the equipment that meets the standard and the equipment that would otherwise be installed is greater than the difference in the cost of operating the equipment that meets the standard and the equipment that would otherwise be installed over the anticipated life of the equipment.

SB459-SSA1, s. 3 Section 3. 16.897 of the statutes is created to read:

SB459-SSA1,5,16 16.897 Space and water heating systems. In planning and designing space or water heating systems for new or existing state facilities, the department shall ensure that geothermal technologies are utilized to the greatest extent that is cost-effective and technically feasible.

SB459-SSA1, s. 4 Section 4. 16.953 of the statutes is created to read:

SB459-SSA1,6,2 16.953 Energy cost reduction plans. No later than July 1 of each even-numbered year, each agency, as defined in s. 16.75 (12) (a) 1., shall submit a plan to the department, the joint committee on finance, and the standing committee of each house of the legislature having jurisdiction over energy, for reduction of the cost of energy used by the agency. The plan shall include all system and equipment upgrades or installations that are estimated to result in energy cost savings equal to the cost of the upgrade or installation over the anticipated life of the system or equipment. The plan shall also identify potential means of financing the upgrades and installations other than reliance on appropriations of general purpose revenues.

SB459-SSA1, s. 5 Section 5. 16.957 (title) of the statutes is repealed and recreated to read:

SB459-SSA1,6,4 16.957 (title) Low-income assistance.

SB459-SSA1, s. 6 Section 6. 16.957 (1) (c) of the statutes is amended to read:

SB459-SSA1,6,9 16.957 (1) (c) "Commitment to community program" means a program by or on behalf of a municipal utility or retail electric cooperative for low-income assistance or an energy conservation program by a municipal utility or retail electric cooperative.

SB459-SSA1, s. 7 Section 7. 16.957 (1) (d), (e) and (h) of the statutes are repealed.

SB459-SSA1, s. 8 Section 8. 16.957 (1) (o) 1m. of the statutes is amended to read:

SB459-SSA1,6,15 16.957 (1) (o) 1m. The amount of the portion of the public benefits fee for fiscal year 1999-2000 that is specified in sub. s. 16.957 (4) (c) 1. The amount specified in this subdivision shall not be subject to the reduction under 1999 Wisconsin Act 9, section 9101 (1zr) (a), 1999 stats.

SB459-SSA1, s. 9 Section 9. 16.957 (1) (o) 2. of the statutes is amended to read:

SB459-SSA1,6,18 16.957 (1) (o) 2. The total amount expended by utilities under s. 196.374, 2003 stats., related to low-income assistance.

SB459-SSA1, s. 10 Section 10. 16.957 (1) (o) 3. of the statutes is amended to read:

SB459-SSA1,6,24 16.957 (1) (o) 3. Fifty percent of the amount of public benefits fees that municipal utilities and retail electric cooperatives are were required to charge under sub. s. 16.957 (5) (a), 1999 stats., in fiscal year 1999-2000. The amount specified in this subdivision shall not be subject to the reduction under 1999 Wisconsin Act 9, section 9101 (1zv) (c).

SB459-SSA1, s. 11 Section 11. 16.957 (1) (r) of the statutes is repealed.

SB459-SSA1, s. 12 Section 12. 16.957 (1) (x) of the statutes is repealed and recreated to read:

SB459-SSA1,7,4 16.957 (1) (x) "Wholesale supply percentage" means the percentage of the electricity sold by a wholesale supplier that is purchased by a municipal utility or retail electric cooperative.

SB459-SSA1, s. 13 Section 13. 16.957 (2) (a) 2. of the statutes is amended to read:

SB459-SSA1,7,7 16.957 (2) (a) 2. All moneys spent in a fiscal year for low-income programs established under s. 196.374, 2003 stats.

SB459-SSA1, s. 14 Section 14. 16.957 (2) (a) 4. of the statutes is amended to read:

SB459-SSA1,7,10 16.957 (2) (a) 4. Fifty percent of the The moneys collected in public benefits low-income assistance fees under sub. (5) (a).

SB459-SSA1, s. 15 Section 15. 16.957 (2) (b) of the statutes is repealed.

SB459-SSA1, s. 16 Section 16. 16.957 (2) (c) 1. of the statutes is amended to read:

SB459-SSA1,7,17 16.957 (2) (c) 1. Eligibility requirements for low-income assistance under programs established under par. (a). The rules shall prohibit a person who receives low-income assistance from a municipal utility or retail electric cooperative under a program specified in sub. (5) (d) 2. b. or 3. a. (b) 1. from receiving low-income assistance under programs established under par. (a).

SB459-SSA1, s. 17 Section 17. 16.957 (2) (c) 2. of the statutes is amended to read:

SB459-SSA1,7,20 16.957 (2) (c) 2. Requirements and procedures for applications for grants awarded under programs established under par. (a) or (b) 1.

SB459-SSA1, s. 18 Section 18. 16.957 (2) (c) 2m., 2n. and 4. of the statutes are repealed.

SB459-SSA1, s. 19 Section 19. 16.957 (2) (d) 1. of the statutes is amended to read:

SB459-SSA1,7,24 16.957 (2) (d) 1. For each fiscal year after fiscal year 1998-99, determine the low-income need target for that fiscal year.

SB459-SSA1, s. 20 Section 20. 16.957 (2) (d) 2. of the statutes is repealed.

SB459-SSA1, s. 21 Section 21. 16.957 (2) (d) 3. of the statutes is amended to read:

SB459-SSA1,8,3 16.957 (2) (d) 3. Deposit all moneys received under sub. (4) (a) or (5) (c) or (d) (b) 2. in the utility public benefits fund.

SB459-SSA1, s. 22 Section 22. 16.957 (2) (d) 4. a. of the statutes is amended to read:

SB459-SSA1,8,7 16.957 (2) (d) 4. a. The expenses of the department, other state agencies, and grant recipients in administering or participating in the programs under pars. par. (a) and (b).

SB459-SSA1, s. 23 Section 23. 16.957 (2) (d) 4. c. of the statutes is repealed.

SB459-SSA1, s. 24 Section 24. 16.957 (3) (a) of the statutes is renumbered 16.957 (3).

SB459-SSA1, s. 25 Section 25. 16.957 (3) (b) and (c) of the statutes are repealed.

SB459-SSA1, s. 26 Section 26. 16.957 (4) (a) of the statutes is amended to read:

SB459-SSA1,8,19 16.957 (4) (a) Requirement to charge public benefits low-income assistance fees. Each electric utility, except for a municipal utility, shall charge each customer a public benefits low-income assistance fee in an amount established in rules promulgated by the department under par. (b). An electric utility, except for a municipal utility, shall collect and pay the fees to the department in accordance with the rules promulgated under par. (b). The public benefits low-income assistance fees collected by an electric utility shall be considered trust funds of the department and not income of the electric utility.

SB459-SSA1, s. 27 Section 27. 16.957 (4) (am) of the statutes is amended to read:

SB459-SSA1,9,2 16.957 (4) (am) Electric bills. An electric utility shall include a public benefits show the low-income assistance fee in the fixed charges for electricity as a separate line in a customer's bill, identified as the "state low-income assistance fee," and shall provide the customer with an annual statement that identifies the annual charges for public benefits low-income assistance fees and describes the programs for which fees are used.

SB459-SSA1, s. 28 Section 28. 16.957 (4) (b) (intro.) of the statutes is amended to read:

SB459-SSA1,9,8 16.957 (4) (b) Rules. (intro.) In consultation with the council, the department shall promulgate rules that establish the amount of a public benefits low-income assistance fee under par. (a). Fees established in rules under this paragraph may vary by class of customer, but shall be uniform within each class, and shall satisfy each of the following:

SB459-SSA1, s. 29 Section 29. 16.957 (4) (c) (title) of the statutes is amended to read:

SB459-SSA1,9,10 16.957 (4) (c) (title) Amount of public benefits low-income assistance fees.

SB459-SSA1, s. 30 Section 30. 16.957 (4) (c) 1. (intro.) of the statutes is amended to read:

SB459-SSA1,9,19 16.957 (4) (c) 1. `Low-income funding from fee.' (intro.) In fiscal year 1999-2000, a portion of the public benefits fee shall be an amount that, when added to 50% of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year, shall equal $24,000,000. In each fiscal year after fiscal year 1999-2000, a portion of the public benefits, the low-income assistance fee shall be an amount that, when added to the sum of the following shall equal the low-income need target for that fiscal year determined by the department under sub. (2) (d) 1.:

SB459-SSA1, s. 31 Section 31. 16.957 (4) (c) 1. a. of the statutes is amended to read:

SB459-SSA1,9,23 16.957 (4) (c) 1. a. Fifty percent of the estimated public benefits The estimated low-income assistance fees charged by municipal utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year.

SB459-SSA1, s. 32 Section 32. 16.957 (4) (c) 1. c. of the statutes is amended to read:

SB459-SSA1,10,3 16.957 (4) (c) 1. c. The total amount spent on programs or contributed to the commission by utilities under s. 196.374 (3), 2003 stats., for that fiscal year for low-income assistance.

SB459-SSA1, s. 33 Section 33. 16.957 (4) (c) 2. of the statutes is repealed.

SB459-SSA1, s. 34 Section 34. 16.957 (4) (c) 3. of the statutes is amended to read:

SB459-SSA1,10,14 16.957 (4) (c) 3. `Limitation on electric bill increases.' For the period beginning on October 29, 1999, and ending on June 30, 2008, the The total increase in a customer's monthly electric bills bill that is based on the requirement to pay public benefits low-income assistance fees, including any increase resulting from an electric utility's compliance with this section, may not exceed 3% of the total of every other charge for which the customer is billed for that period month or $750 per month, whichever is less. To reflect changes in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, the commission shall make annual adjustments to the amount of $750.

SB459-SSA1, s. 35 Section 35. 16.957 (5) (a) of the statutes is amended to read:

SB459-SSA1,10,23 16.957 (5) (a) Requirement to charge public benefits low-income assistance fees. Each retail electric cooperative and municipal utility shall charge a monthly public benefits low-income assistance fee to each customer or member in an amount that is sufficient for the retail electric cooperative or municipal utility to collect an annual average of $16 $8 per meter. A retail electric cooperative or municipal utility may determine the amount that a particular class of customers or members is required to pay under this paragraph and may charge different fees to different classes of customers or members.

SB459-SSA1, s. 36 Section 36. 16.957 (5) (am) of the statutes is amended to read:

SB459-SSA1,11,11 16.957 (5) (am) Public benefits Low-income assistance fee restriction. Notwithstanding par. (a), for the period beginning on October 29, 1999, and ending on June 30, 2008, the total increase in a customer's or member's monthly electric bills bill that is based on the requirement to pay public benefits low-income assistance fees, including any increase resulting from a retail electric cooperative's or municipal utility's compliance with this section, may not exceed 3% 1.5 percent of the total of every other charge for which the member or customer is billed for that period month or $750 per month $375, whichever is less. To reflect changes in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, the commission shall make annual adjustments to the amount of $375.

SB459-SSA1, s. 37 Section 37. 16.957 (5) (b) of the statutes is repealed and recreated to read:

SB459-SSA1,11,16 16.957 (5) (b) Commitment to community programs. 1. Except as provided in subd. 2., annually, each retail electric cooperative and municipal utility shall spend on commitment to community programs an amount equal to the fees that the cooperative or utility charges under par. (a) in that year.

SB459-SSA1,12,2 2. No later than October 1, 2007, and no later than every 3rd year after that date, each municipal utility or retail electric cooperative shall notify the department whether the utility or cooperative has elected to contribute the fees that the utility or cooperative charges under par. (a) to the programs established under sub. (2) (a) in each year of the 3-year period for which the utility or cooperative has made the election. If a municipal utility or retail electric cooperative elects to contribute to the programs established under sub. (2) (a), the utility or cooperative shall pay the low-income assistance fees that the utility or cooperative collects under par. (a) to the department in each year of the 3-year period for which the utility or cooperative has made the election.

SB459-SSA1, s. 38 Section 38. 16.957 (5) (c) and (d) of the statutes are repealed.

SB459-SSA1, s. 39 Section 39. 16.957 (5) (e) (intro.) and 1. of the statutes are consolidated, renumbered 16.957 (5) (e) and amended to read:

SB459-SSA1,12,15 16.957 (5) (e) Wholesale supplier credit. If a wholesale supplier has established a commitment to community program for low-income assistance or an energy conservation program, a municipal utility or retail electric cooperative that is a customer or member of the wholesale supplier may do any of the following: 1. Include include an amount equal to the product of the municipal utility's or retail electric cooperative's wholesale supply percentage and the amount that the wholesale supplier has spent on low-income assistance the commitment to community program in a fiscal year in calculating the amount that the municipal utility or retail electric cooperative has spent on low-income assistance commitment to community programs in that fiscal year under par. (d) 2. b. or 3. a. (b) 1.

SB459-SSA1, s. 40 Section 40. 16.957 (5) (e) 2. of the statutes is repealed.

SB459-SSA1, s. 41 Section 41. 16.957 (5) (f) of the statutes is amended to read:

SB459-SSA1,12,21 16.957 (5) (f) Joint programs. Municipal utilities or retail electric cooperatives may establish joint commitment to community programs, except that each municipal utility or retail electric cooperative that participates in a joint program is required to comply with the spending requirements under par. (d) (b) 1.

SB459-SSA1, s. 42 Section 42. 16.957 (5) (g) 1. (intro.) of the statutes is amended to read:

SB459-SSA1,13,4 16.957 (5) (g) 1. (intro.) For each fiscal year Annually, each municipal utility and retail electric cooperative that does not pay 100% of the public benefits fee spends the low-income assistance fees that it the utility or cooperative charges under par. (a) to the department under par. (c) shall file a report with the department on commitment to community programs under par. (b) 1. shall provide for an independent audit of its programs and submit a report to the department that describes each of the following:

SB459-SSA1, s. 43 Section 43. 16.957 (5) (g) 1. a. of the statutes is amended to read:

SB459-SSA1,13,10 16.957 (5) (g) 1. a. An accounting of public benefits low-income assistance fees charged to customers or members under par. (a) in the fiscal year and expenditures on commitment to community programs under par. (d) (b) 1., including any amounts included in the municipal utility's or retail electric cooperative's calculations under par. (e).

SB459-SSA1, s. 44 Section 44. 16.957 (5) (g) 1. b. of the statutes is amended to read:

SB459-SSA1,13,13 16.957 (5) (g) 1. b. A description of commitment to community programs established by the municipal utility or retail electric cooperative in the fiscal year.

SB459-SSA1, s. 45 Section 45. 16.957 (5) (g) 2. of the statutes is amended to read:

SB459-SSA1,13,18 16.957 (5) (g) 2. The department shall require that municipal utilities and retail electric cooperatives file reports under subd. 1. electronically, in a format that allows for tabulation, comparison, and other analysis of the reports. The department shall maintain reports filed under subd. 1. for at least 6 years.

SB459-SSA1, s. 46 Section 46. 20.505 (3) (s) of the statutes is amended to read:

SB459-SSA1,13,24 20.505 (3) (s) Energy conservation and efficiency and renewable resource grants Transfer to air quality improvement fund. From the utility public benefits fund, a sum sufficient for energy conservation and efficiency and renewable resource grants under s. 16.957 (2) (b) 1. and to make the transfer to the air quality improvement fund under s. 16.958 (2) (a).

SB459-SSA1, s. 47 Section 47. 20.924 (1) (j) of the statutes is created to read:

SB459-SSA1,14,7 20.924 (1) (j) Shall not enter into any lease or other contract that provides for the construction of any building, structure, or facility, or portion thereof, for initial occupancy by the state and that contains an option for the state to purchase the building, structure, or facility unless the seller or lessor agrees that all equipment to be installed as a component of the building, structure, or facility that relates to any function that consumes energy meets applicable requirements for state building projects under s. 16.855 (10s) (a).

SB459-SSA1, s. 48 Section 48. 25.96 of the statutes is amended to read:

SB459-SSA1,14,13 25.96 Utility public benefits fund. There is established a separate nonlapsible trust fund designated as the utility public benefits fund, consisting of deposits by the public service commission under s. 196.374 (3), public benefits low-income assistance fees received under s. 16.957 (4) (a) and (5) (c) and (d) and contributions received under s. 16.957 (2) (c) 4. and (d) 2. (b) 2.

SB459-SSA1, s. 49 Section 49. 76.28 (1) (d) of the statutes is amended to read:

SB459-SSA1,15,25 76.28 (1) (d) "Gross revenues" for a light, heat and power company other than a qualified wholesale electric company or a transmission company means total environmental control charges paid to the company under a financing order issued under s. 196.027 (2) and total operating revenues as reported to the public service commission except revenues for interdepartmental sales and for interdepartmental rents as reported to the public service commission and deductions from the sales and use tax under s. 77.61 (4), except that the company may subtract from revenues either the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company, that purchases under federal or state approved wholesale rates more than 50% of its electric power from a person other than an affiliated interest, as defined in s. 196.52 (1), if the revenue from that purchased electric power is included in the seller's gross revenues or the following percentages of the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company that purchases more than 90% of its power and that has less than $50,000,000 of gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a qualified wholesale electric company, "gross revenues" means total business revenues from those businesses included under par. (e) 1. to 4. For a transmission company, "gross revenues" means total operating revenues as reported to the public service commission, except revenues for transmission service that is provided to a public utility that is subject to the license fee under sub. (2) (d), to a public utility, as defined in s. 196.01 (5), or to a cooperative association organized under ch. 185 for the purpose of providing electricity to its members only. For an electric utility, as defined in s. 16.957 (1) (g), "gross revenues" does not include public benefits low-income assistance fees collected by the electric utility under s. 16.957 (4) (a) or (5) (a). For a generator public utility, "gross revenues" does not include any grants awarded to the generator public utility under s. 16.958 (2) (b). For a wholesale supplier, as defined in s. 16.957 (1) (w), "gross revenues" does not include any public benefits low-income assistance fees that are received from a municipal utility or retail electric cooperative or under a joint program established under s. 16.957 (5) (f). For a municipal utility, "gross revenues" does not include public benefits low-income assistance fees received by the municipal utility from a municipal utility or retail electric cooperative under a joint program established under s. 16.957 (5) (f).

SB459-SSA1, s. 50 Section 50. 76.48 (1g) (d) of the statutes is amended to read: