SB459-engrossed,5,2521
(e) No later than March 1 of each year, the department shall submit a report
22to the governor and chief clerk of each house of the legislature, for distribution to the
23legislature under s. 13.172 (2), concerning the degree of attainment and, if
24applicable, reasons for nonattainment by the state during the preceding year in
25meeting the goals established by the department under par. (b).
SB459-engrossed,6,112
16.855
(10s) (a) The department shall, by rule, prescribe and annually review
3and revise as necessary energy efficiency standards for equipment that is installed
4as a component of a construction project and that relates to heating, ventilation, air
5conditioning, water heating or cooling, lighting, refrigeration, or any other function
6that consumes energy. The standards shall meet or exceed current applicable
7guidelines of the federal environmental protection agency relating to energy
8efficiency of the functions specified in this paragraph, guidelines that apply to the
9federal energy management program under
42 USC 8251 et seq., and standards
10established by the American society of heating, refrigerating and air-conditioning
11engineers.
SB459-engrossed,7,312
(b) The department shall ensure that the specifications for any equipment that
13is designed for heating, ventilation, air conditioning, water heating or cooling,
14lighting, refrigeration, or any other function that consumes energy under any
15construction project contract administered by the department meet applicable
16standards established under par. (a). If there is no standard under par. (a) applicable
17to the type of equipment being purchased or if the equipment meeting that standard
18is not reasonably available, the department shall ensure that energy consumption
19within a building, structure, or facility and all equipment that is purchased under
20each contract administered by the department maximizes energy efficiency to the
21extent technically and economically feasible. The department shall not determine
22that equipment that meets the applicable standard under par. (a) either is not
23reasonably available on the basis of cost alone or is not cost-effective unless the
24difference in the cost of the purchase and installation of the equipment that meets
25the standard and the equipment that would otherwise be installed is greater than
1the difference in the cost of operating the equipment that meets the standard and the
2equipment that would otherwise be installed over the anticipated life of the
3equipment.
SB459-engrossed,7,8
516.897 Space and water heating systems. In planning and designing space
6or water heating systems for new or existing state facilities, the department shall
7ensure that geothermal technologies are utilized to the greatest extent that is
8cost-effective and technically feasible.
SB459-engrossed,7,20
1016.953 Energy cost reduction plans. No later than July 1 of each
11even-numbered year, each agency, as defined in s. 16.75 (12) (a) 1., shall submit a
12plan to the department, the joint committee on finance, and the standing committee
13of each house of the legislature having jurisdiction over energy, for reduction of the
14cost of energy used by the agency. The plan shall include all system and equipment
15upgrades or installations that are estimated to result in energy cost savings equal
16to the cost of the upgrade or installation over the anticipated life of the system or
17equipment. The plan shall also identify potential means of financing the upgrades
18and installations other than reliance on appropriations of general purpose revenues.
19The department of administration shall consider in its plan the means of financing
20allowed under s. 16.858.
SB459-engrossed,7,22
2216.957 (title)
Low-income assistance.
SB459-engrossed,8,224
16.957
(1) (c) "Commitment to community program" means a program by
or on
25behalf of a municipal utility or retail electric cooperative for low-income assistance
1or an energy conservation program by a municipal utility or retail electric
2cooperative.
SB459-engrossed,8,85
16.957
(1) (o) 1m. The amount of the portion of the public benefits fee for fiscal
6year 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.
SB459-engrossed,8,1110
16.957
(1) (o) 2. The total amount expended by utilities under s. 196.374
, 2003
11stats., related to low-income assistance.
SB459-engrossed,8,1713
16.957
(1) (o) 3. Fifty percent of the amount of public benefits fees that
14municipal 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). SB459-engrossed,8,2220
16.957
(1) (x) "Wholesale supply percentage" means the percentage of the
21electricity sold by a wholesale supplier that is purchased by a municipal utility or
22retail electric cooperative.
SB459-engrossed,8,2524
16.957
(2) (a) 2. All moneys spent in a fiscal year for low-income programs
25established under s. 196.374
, 2003 stats.
SB459-engrossed,9,32
16.957
(2) (a) 4.
Fifty percent of the
The moneys collected in
public benefits 3low-income assistance fees under sub. (5)
(a).
SB459-engrossed,9,106
16.957
(2) (c) 1. Eligibility requirements for low-income assistance under
7programs established under par. (a). The rules shall prohibit a person who receives
8low-income assistance from a municipal utility or retail electric cooperative under
9a program specified in sub. (5)
(d) 2. b. or 3. a.
(b) 1. from receiving low-income
10assistance under programs established under par. (a).
SB459-engrossed,9,1312
16.957
(2) (c) 2. Requirements and procedures for applications for grants
13awarded under programs established under par. (a)
or (b) 1.
SB459-engrossed,9,1716
16.957
(2) (d) 1. For each fiscal year
after fiscal year 1998-99, determine the
17low-income need target for that fiscal year.
SB459-engrossed,9,2120
16.957
(2) (d) 3. Deposit all moneys received under sub. (4) (a) or (5)
(c) or (d) 21(b) 2. in the utility public benefits fund.
SB459-engrossed,9,2523
16.957
(2) (d) 4. a. The expenses of the department, other state agencies
, and
24grant recipients in administering or participating in the programs under
pars. par. 25(a)
and (b).
SB459-engrossed,10,125
16.957
(4) (a)
Requirement to charge
public benefits low-income assistance fees. 6Each electric utility, except for a municipal utility, shall charge each customer a
7public benefits low-income assistance fee in an amount established in rules
8promulgated by the department under par. (b). An electric utility, except for a
9municipal utility, shall collect and pay the fees to the department in accordance with
10the rules promulgated under par. (b). The
public benefits low-income assistance fees
11collected by an electric utility shall be considered trust funds of the department and
12not income of the electric utility.
SB459-engrossed,10,1914
16.957
(4) (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
16line in a customer's bill
, identified as the "state low-income assistance fee," and shall
17provide the customer with an annual statement that identifies the annual charges
18for
public benefits low-income assistance fees and describes the programs for which
19fees are used.
SB459-engrossed,10,2521
16.957
(4) (b)
Rules. (intro.) In consultation with the council, the department
22shall promulgate rules that establish the amount of a
public benefits low-income
23assistance fee under par. (a). Fees established in rules under this paragraph may
24vary by class of customer, but shall be uniform within each class, and shall satisfy
25each of the following:
SB459-engrossed,11,22
16.957
(4) (c) (title)
Amount of public benefits low-income assistance fees.
SB459-engrossed,11,114
16.957
(4) (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. 8In each fiscal year
after fiscal year 1999-2000, a portion of the public benefits, the
9low-income assistance fee shall be an amount that, when added to the sum of the
10following shall equal the low-income need target for that fiscal year determined by
11the department under sub. (2) (d) 1.:
SB459-engrossed,11,1513
16.957
(4) (c) 1. a.
Fifty percent of the estimated public benefits The estimated 14low-income assistance fees charged by municipal utilities and retail electric
15cooperatives under sub. (5) (a) for that fiscal year.
SB459-engrossed,11,1917
16.957
(4) (c) 1. c. The total amount spent on programs
or contributed to the
18commission by utilities under s. 196.374 (3)
, 2003 stats., for that fiscal year for
19low-income assistance.
SB459-engrossed,12,322
16.957
(4) (c) 3. `Limitation on
electric bill increases low-income assistance
23fees.'
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
2exceed 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.
SB459-engrossed,12,125
16.957
(5) (a)
Requirement to charge
public benefits low-income assistance fees. 6Each 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
8is sufficient for the retail electric cooperative or municipal utility to collect an annual
9average of
$16 $8 per meter. A retail electric cooperative or municipal utility may
10determine the amount that a particular class of customers or members is required
11to pay under this paragraph and may charge different fees to different classes of
12customers or members.
SB459-engrossed,12,2114
16.957
(5) (am)
Public benefits Low-income assistance fee restriction. 15Notwithstanding 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
20percent of the total of every other charge for which the member or customer is billed
21for that
period month or
$750 per month $375, whichever is less.
SB459-engrossed,13,223
16.957
(5) (b)
Commitment to community programs. 1. Except as provided in
24subd. 2., each retail electric cooperative and municipal utility shall spend on
1commitment to community programs the fees that the cooperative or utility charges
2under par. (a).
SB459-engrossed,13,123
2. No later than October 1, 2007, and no later than every 3rd year after that
4date, each municipal utility or retail electric cooperative shall notify the department
5whether the utility or cooperative has elected to contribute the fees that the utility
6or cooperative charges under par. (a) to the programs established under sub. (2) (a)
7in each year of the 3-year period for which the utility or cooperative has made the
8election. If a municipal utility or retail electric cooperative elects to contribute to the
9programs established under sub. (2) (a), the utility or cooperative shall pay the
10low-income assistance fees that the utility or cooperative collects under par. (a) to
11the department in each year of the 3-year period for which the utility or cooperative
12has made the election.
SB459-engrossed, s. 39
14Section
39. 16.957 (5) (e) (intro.) and 1. of the statutes are consolidated,
15renumbered 16.957 (5) (e) and amended to read:
SB459-engrossed,13,2516
16.957
(5) (e)
Wholesale supplier credit. If a wholesale supplier has established
17a
commitment to community program
for low-income assistance or an energy
18conservation program, a municipal utility or retail electric cooperative that is a
19customer 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
21cooperative's wholesale supply percentage and the amount that the wholesale
22supplier has spent on
low-income assistance the commitment to community
23program in a
fiscal year in calculating the amount that the municipal utility or retail
24electric cooperative has spent on
low-income assistance commitment to community
25programs in that
fiscal year under par.
(d) 2. b. or 3. a. (b) 1.
SB459-engrossed,14,63
16.957
(5) (f)
Joint programs. Municipal utilities or retail electric cooperatives
4may establish 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) (b) 1.
SB459-engrossed,14,148
16.957
(5) (g) 1. (intro.)
For each fiscal year Annually, each municipal utility
9and 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 charges
11under 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 that
14describes each of the following:
SB459-engrossed,14,2016
16.957
(5) (g) 1. a. An accounting of
public benefits low-income assistance fees
17charged to customers or members under par. (a) in the
fiscal year and expenditures
18on commitment to community programs under par.
(d)
(b) 1., including any amounts
19included in the municipal utility's or retail electric cooperative's calculations under
20par. (e).
SB459-engrossed,14,2322
16.957
(5) (g) 1. b. A description of commitment to community programs
23established by the municipal utility or retail electric cooperative in the
fiscal year.
SB459-engrossed,15,4
116.957
(5) (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
4shall maintain reports filed under subd. 1. for at least 6 years.
SB459-engrossed,15,106
20.505
(3) (s)
Energy conservation and efficiency and renewable resource grants
7Transfer to air quality improvement fund. From the utility public benefits fund, a
8sum 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
10under s. 16.958 (2) (a).
SB459-engrossed,15,1812
20.924
(1) (j) Shall not enter into any lease or other contract that provides for
13the construction of any building, structure, or facility, or portion thereof, for initial
14occupancy by the state and that contains an option for the state to purchase the
15building, structure, or facility unless the seller or lessor agrees that all equipment
16to be installed as a component of the building, structure, or facility that relates to any
17function that consumes energy meets applicable requirements for state building
18projects under s. 16.855 (10s) (a).
SB459-engrossed,15,24
2025.96 Utility public benefits fund. There is established a separate
21nonlapsible trust fund designated as the utility public benefits fund, consisting of
22deposits by the public service commission under s. 196.374 (3), public benefits
23low-income assistance 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.
SB459-engrossed,17,11
176.28
(1) (d) "Gross revenues" for a light, heat and power company other than
2a qualified wholesale electric company or a transmission company means total
3environmental control charges paid to the company under a financing order issued
4under s. 196.027 (2) and total operating revenues as reported to the public service
5commission except revenues for interdepartmental sales and for interdepartmental
6rents as reported to the public service commission and deductions from the sales and
7use tax under s. 77.61 (4), except that the company may subtract from revenues
8either the actual cost of power purchased for resale, as reported to the public service
9commission, by a light, heat and power company, except a municipal light, heat and
10power company, that purchases under federal or state approved wholesale rates
11more than 50% of its electric power from a person other than an affiliated interest,
12as defined in s. 196.52 (1), if the revenue from that purchased electric power is
13included in the seller's gross revenues or the following percentages of the actual cost
14of power purchased for resale, as reported to the public service commission, by a
15light, heat and power company, except a municipal light, heat and power company
16that purchases more than 90% of its power and that has less than $50,000,000 of
17gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on
18May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a
19qualified wholesale electric company, "gross revenues" means total business
20revenues from those businesses included under par. (e) 1. to 4. For a transmission
21company, "gross revenues" means total operating revenues as reported to the public
22service commission, except revenues for transmission service that is provided to a
23public utility that is subject to the license fee under sub. (2) (d), to a public utility, as
24defined in s. 196.01 (5), or to a cooperative association organized under ch. 185 for
25the purpose of providing electricity to its members only. For an electric utility, as
1defined 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
4awarded to the generator public utility under s. 16.958 (2) (b). For a wholesale
5supplier, 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
7retail 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
10or retail electric cooperative under a joint program established under s. 16.957 (5)
11(f).