(d) Notwithstanding par. (b), an agency is not required to generate or purchase 19
electric energy derived from renewable resources if the generation or purchase is not 20
technically feasible or cost-effective.
(e) No later than March 1 of each year, the department shall submit a report 22
to the governor and chief clerk of each house of the legislature, for distribution to the 23
legislature under s. 13.172 (2), concerning the degree of attainment and, if 24
applicable, reasons for nonattainment by the state during the preceding year in 25
meeting the goals established by the department under par. (b).
(a) The department shall, by rule, prescribe and annually review 3
and revise as necessary energy efficiency standards for equipment that is installed 4
as a component of a construction project and that relates to heating, ventilation, air 5
conditioning, water heating or cooling, lighting, refrigeration, or any other function 6
that consumes energy. The standards shall meet or exceed current applicable 7
guidelines of the federal environmental protection agency relating to energy 8
efficiency of the functions specified in this paragraph, guidelines that apply to the 9
federal energy management program under 42 USC 8251
et seq., and standards 10
established by the American society of heating, refrigerating and air-conditioning 11
(b) The department shall ensure that the specifications for any equipment that 13
is designed for heating, ventilation, air conditioning, water heating or cooling, 14
lighting, refrigeration, or any other function that consumes energy under any 15
construction project contract administered by the department meet applicable 16
standards established under par. (a). If there is no standard under par. (a) applicable 17
to the type of equipment being purchased or if the equipment meeting that standard 18
is not reasonably available, the department shall ensure that energy consumption 19
within a building, structure, or facility and all equipment that is purchased under 20
each contract administered by the department maximizes energy efficiency to the 21
extent technically and economically feasible. The department shall not determine 22
that equipment that meets the applicable standard under par. (a) either is not 23
reasonably available on the basis of cost alone or is not cost-effective unless the 24
difference in the cost of the purchase and installation of the equipment that meets 25
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 2
equipment that would otherwise be installed over the anticipated life of the 3
516.897 Space and water heating systems.
In planning and designing space 6
or water heating systems for new or existing state facilities, the department shall 7
ensure that geothermal technologies are utilized to the greatest extent that is 8
cost-effective and technically feasible.
1016.953 Energy cost reduction plans.
No later than July 1 of each 11
even-numbered year, each agency, as defined in s. 16.75 (12) (a) 1., shall submit a 12
plan to the department, the joint committee on finance, and the standing committee 13
of each house of the legislature having jurisdiction over energy, for reduction of the 14
cost of energy used by the agency. The plan shall include all system and equipment 15
upgrades or installations that are estimated to result in energy cost savings equal 16
to the cost of the upgrade or installation over the anticipated life of the system or 17
equipment. The plan shall also identify potential means of financing the upgrades 18
and installations other than reliance on appropriations of general purpose revenues. 19
The department of administration shall consider in its plan the means of financing 20
allowed under s. 16.858.
(title) Low-income assistance.
(c) "Commitment to community program" means a program by or on
a municipal utility or retail electric cooperative for low-income assistance
1or an energy conservation program by a municipal utility or retail electric
(o) 1m. The amount of the portion of the public benefits fee for fiscal 6
year 1999-2000 that is specified in sub. s. 16.957
(4) (c) 1. The amount specified in
7this subdivision shall not be subject to the reduction under 1999 Wisconsin Act 9,
8section 9101 (1zr) (a), 1999 stats
(o) 2. The total amount expended by utilities under s. 196.374, 2003
related to low-income assistance.
(o) 3. Fifty percent of the amount of public benefits fees that 14
municipal utilities and retail electric cooperatives are were
required to charge under 15sub. s. 16.957
(5) (a), 1999 stats.,
in fiscal year 1999-2000. The amount specified in
16this subdivision shall not be subject to the reduction under 1999 Wisconsin Act 9,
17section 9101 (1zv) (c).
(x) "Wholesale supply percentage" means the percentage of the 21
electricity sold by a wholesale supplier that is purchased by a municipal utility or 22
retail electric cooperative.
(a) 2. All moneys spent in a fiscal year for low-income programs 25
established under s. 196.374, 2003 stats
(a) 4. Fifty percent of the
moneys collected in public benefits 3low-income assistance
fees under sub. (5) (a)
(c) 1. Eligibility requirements for low-income assistance under 7
programs established under par. (a). The rules shall prohibit a person who receives 8
low-income assistance from a municipal utility or retail electric cooperative under 9
a program specified in sub. (5) (d) 2. b. or 3. a.
from receiving low-income 10
assistance under programs established under par. (a).
(c) 2. Requirements and procedures for applications for grants 13
awarded under programs established under par. (a) or (b) 1
(d) 1. For each fiscal year after fiscal year 1998-99
, determine the 17
low-income need target for that fiscal year.
(d) 3. Deposit all moneys received under sub. (4) (a) or (5) (c) or (d) 21(b) 2.
in the utility public benefits fund.
(d) 4. a. The expenses of the department, other state agencies,
grant recipients in administering or participating in the programs under pars. par. 25
(a) and (b)
(a) Requirement to charge
public benefits low-income assistance fees. 6
Each electric utility, except for a municipal utility, shall charge each customer a 7public benefits low-income assistance
fee in an amount established in rules 8
promulgated by the department under par. (b). An electric utility, except for a 9
municipal utility, shall collect and pay the fees to the department in accordance with 10
the rules promulgated under par. (b). The public benefits low-income assistance
collected by an electric utility shall be considered trust funds of the department and 12
not income of the electric utility.
(am) Electric bills.
An electric utility shall include a public benefits 15show the low-income assistance
fee in the fixed charges for electricity as a separate
in a customer's bill, identified as the "state low-income assistance fee,"
and shall 17
provide the customer with an annual statement that identifies the annual charges 18
for public benefits low-income assistance
fees and describes the programs for which 19
fees are used.
(intro.) In consultation with the council, the department 22
shall promulgate rules that establish the amount of a public benefits low-income
fee under par. (a). Fees established in rules under this paragraph may 24
vary by class of customer, but shall be uniform within each class, and shall satisfy 25
each of the following:
(c) (title) Amount of public benefits low-income assistance fees.
(c) 1. `Low-income funding from fee
.' (intro.) In fiscal year
51999-2000, a portion of the public benefits fee shall be an amount that, when added
6to 50% of the estimated public benefits fees charged by municipal utilities and retail
7electric cooperatives under sub. (5) (a) for that fiscal year, shall equal $24,000,000. 8
In each fiscal year after fiscal year 1999-2000, a portion of the public benefits, the
fee shall be an amount that, when added to the sum of the 10
following shall equal the low-income need target for that fiscal year determined by 11
the department under sub. (2) (d) 1.:
(c) 1. a. Fifty percent of the estimated public benefits The estimated 14low-income assistance
fees charged by municipal utilities and retail electric 15
cooperatives under sub. (5) (a) for that fiscal year.
(c) 1. c. The total amount spent on programs
or contributed to the
by utilities under s. 196.374 (3), 2003 stats.,
for that fiscal year for 19
(c) 3. `Limitation on electric bill increases low-income assistance
.' For the period beginning on October 29, 1999, and ending on June 30, 2008,
24the total increase in a customer's electric bills that is based on the requirement to pay
25public benefits fees, including any increase resulting from an electric utility's
1compliance with this section, In any month, the low-income assistance fee
may not 2
exceed 3% of the total of every other charge for which the customer is billed for that 3period month
or $750 per month
, whichever is less.
(a) Requirement to charge
public benefits low-income assistance fees. 6
Each retail electric cooperative and municipal utility shall charge a monthly public
7benefits low-income assistance
fee to each customer or member in an amount that 8
is sufficient for the retail electric cooperative or municipal utility to collect an annual 9
average of $16 $8
per meter. A retail electric cooperative or municipal utility may 10
determine the amount that a particular class of customers or members is required 11
to pay under this paragraph and may charge different fees to different classes of 12
customers or members.
(am) Public benefits Low-income assistance fee restriction. 15
Notwithstanding par. (a), for the period beginning on October 29, 1999, and ending
16on June 30, 2008, the total increase in a customer's or member's electric bills that is
17based on the requirement to pay public benefits fees, including any increase
18resulting from a retail electric cooperative's or municipal utility's compliance with
19this section, in any month, the low-income assistance fee
may not exceed 3% 1.5
of the total of every other charge for which the member or customer is billed 21
for that period month
or $750 per month $375
, whichever is less.
(b) Commitment to community programs.
1. Except as provided in 24
subd. 2., each retail electric cooperative and municipal utility shall spend on
commitment to community programs the fees that the cooperative or utility charges 2
under par. (a).
2. No later than October 1, 2007, and no later than every 3rd year after that 4
date, each municipal utility or retail electric cooperative shall notify the department 5
whether the utility or cooperative has elected to contribute the fees that the utility 6
or cooperative charges under par. (a) to the programs established under sub. (2) (a) 7
in each year of the 3-year period for which the utility or cooperative has made the 8
election. If a municipal utility or retail electric cooperative elects to contribute to the 9
programs established under sub. (2) (a), the utility or cooperative shall pay the 10
low-income assistance fees that the utility or cooperative collects under par. (a) to 11
the department in each year of the 3-year period for which the utility or cooperative 12
has made the election.
SB459-engrossed, s. 39
16.957 (5) (e) (intro.) and 1. of the statutes are consolidated, 15
renumbered 16.957 (5) (e) and amended to read:
(e) Wholesale supplier credit.
If a wholesale supplier has established 17
a commitment to community
program for low-income assistance or an energy
, a municipal utility or retail electric cooperative that is a 19
customer or member of the wholesale supplier may do any of the following: 1. Include 20include
an amount equal to the product of the municipal utility's or retail electric 21
cooperative's wholesale supply percentage and the amount that the wholesale 22
supplier has spent on low-income assistance the commitment to community
in a fiscal
year in calculating the amount that the municipal utility or retail 24
electric cooperative has spent on low-income assistance commitment to community
in that fiscal
year under par. (d) 2. b. or 3. a. (b) 1.
(f) Joint programs.
Municipal utilities or retail electric cooperatives 4
may establish joint commitment to community programs, except that each municipal 5
utility or retail electric cooperative that participates in a joint program is required 6
to comply with the spending requirements under par. (d) (b) 1
(g) 1. (intro.) For each fiscal year Annually
, each municipal utility 9
and retail electric cooperative that does not pay 100% of the public benefits fee 10spends the low-income assistance fees
that it the utility or cooperative
under par. (a) to the department under par. (c) shall file a report with the department 12on commitment to community programs under par. (b) 1. shall provide for an
13independent audit of its programs and submit a report to the department
describes each of the following:
(g) 1. a. An accounting of public benefits low-income assistance
charged to customers or members under par. (a) in the fiscal
year and expenditures 18
on commitment to community programs under par. (d)
, including any amounts 19
included in the municipal utility's or retail electric cooperative's calculations under 20
(g) 1. b. A description of commitment to community programs 23
established by the municipal utility or retail electric cooperative in the fiscal
(g) 2. The department shall require that municipal utilities and
2retail electric cooperatives file reports under subd. 1. electronically, in a format that
3allows for tabulation, comparison, and other analysis of the reports.
The department 4
shall maintain reports filed under subd. 1. for at least 6 years.
(s) Energy conservation and efficiency and renewable resource grants
7Transfer to air quality improvement fund.
From the utility public benefits fund, a 8
sum sufficient for energy conservation and efficiency and renewable resource grants
9under s. 16.957 (2) (b) 1. and
to make the transfer to the air quality improvement fund 10
under s. 16.958 (2) (a).
(j) Shall not enter into any lease or other contract that provides for 13
the construction of any building, structure, or facility, or portion thereof, for initial 14
occupancy by the state and that contains an option for the state to purchase the 15
building, structure, or facility unless the seller or lessor agrees that all equipment 16
to be installed as a component of the building, structure, or facility that relates to any 17
function that consumes energy meets applicable requirements for state building 18
projects under s. 16.855 (10s) (a).
2025.96 Utility public benefits fund.
There is established a separate 21
nonlapsible trust fund designated as the utility public benefits fund, consisting of 22deposits by the public service commission under s. 196.374 (3), public benefits
fees received under s. 16.957 (4) (a) and (5) (c) and (d) and
24contributions received under s. 16.957 (2) (c) 4. and (d) 2. (b) 2.
(d) "Gross revenues" for a light, heat and power company other than 2
a qualified wholesale electric company or a transmission company means total 3
environmental control charges paid to the company under a financing order issued 4
under s. 196.027 (2) and total operating revenues as reported to the public service 5
commission except revenues for interdepartmental sales and for interdepartmental 6
rents as reported to the public service commission and deductions from the sales and 7
use tax under s. 77.61 (4), except that the company may subtract from revenues 8
either the actual cost of power purchased for resale, as reported to the public service 9
commission, by a light, heat and power company, except a municipal light, heat and 10
power company, that purchases under federal or state approved wholesale rates 11
more than 50% of its electric power from a person other than an affiliated interest, 12
as defined in s. 196.52 (1), if the revenue from that purchased electric power is 13
included in the seller's gross revenues or the following percentages of the actual cost 14
of power purchased for resale, as reported to the public service commission, by a 15
light, heat and power company, except a municipal light, heat and power company 16
that purchases more than 90% of its power and that has less than $50,000,000 of 17
gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on 18
May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a 19
qualified wholesale electric company, "gross revenues" means total business 20
revenues from those businesses included under par. (e) 1. to 4. For a transmission 21
company, "gross revenues" means total operating revenues as reported to the public 22
service commission, except revenues for transmission service that is provided to a 23
public utility that is subject to the license fee under sub. (2) (d), to a public utility, as 24
defined in s. 196.01 (5), or to a cooperative association organized under ch. 185 for 25
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 2low-income assistance
fees collected by the electric utility under s. 16.957 (4) (a) or 3
(5) (a). For a generator public utility, "gross revenues" does not include any grants 4
awarded to the generator public utility under s. 16.958 (2) (b). For a wholesale 5
supplier, as defined in s. 16.957 (1) (w), "gross revenues" does not include any public
6benefits low-income assistance
fees that are received from a municipal utility or 7
retail electric cooperative or under a joint program established under s. 16.957 (5) 8
(f). For a municipal utility, "gross revenues" does not include
public benefits 9low-income assistance
fees received by the municipal utility from a municipal utility 10
or retail electric cooperative under a joint program established under s. 16.957 (5) 11