16.93(2)
(2) Except as provided in
sub. (3), any agency, with the approval of the department, may sell fuel, water, sewage treatment service, electricity, heat or chilled water to another agency, a federal agency, a local government or a private entity.
16.93(3)
(3) Prior to contracting for the sale of any fuel or extending any water, sewage treatment, electrical, heating or chilled water service to a new private entity after August 9, 1989, an agency shall contact each public utility that serves the area in which the private entity is located and that is engaged in the sale of the same fuel or utility service. If a public utility so contacted objects to the proposed sale and commits to provide the fuel or service, the agency shall not contract for the sale.
16.93 History
History: 1989 a. 31.
STATE PLANNING AND ENERGY
16.95
16.95
Powers and duties. The department shall, through a system of comprehensive long-range planning, promote the development and the maximum wise use of the energy, natural and human resources of the state. It shall:
16.95(1)
(1) Collect, analyze, interpret and, in cooperation with the other state agencies, maintain the comprehensive data needed for effective state agency planning and effective review of those plans by the governor and the legislature.
16.95(2)
(2) Perform research to evaluate and measure alternative objectives and administrative actions.
16.95(3)
(3) Stimulate and encourage all state agencies to comprehensively plan and advance proposals for their area of state government services, and assist the state agencies to develop a necessary planning capacity.
16.95(4)
(4) Prepare and maintain plans for those state agencies which do not have an adequate planning capacity, at the request and in cooperation with those agencies.
16.95(5)
(5) Advise and assist state agencies in their development and maintenance of comprehensive plans, providing them with technical and program information, and advising them of the impact of related plans of other state agencies.
16.95(6)
(6) Stimulate the consideration and possible use of creative techniques and actions that may better accomplish the objectives of this section.
16.95(7)
(7) Evaluate the plans of all state agencies, identify both duplication and program gaps in the plans and measure the agency plans with the state goals enacted by the governor and the legislature.
16.95(8)
(8) Advise and assist the governor and the legislature in establishing long-range development policies and programs in considering state agency plans with regard to those policies and programs.
16.95(9)
(9) Develop and submit to the governor's office and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate on or before September 1 of each even-numbered year a 5-year and 10-year plan for the resolution of the energy needs of low-income households. The department shall consult with the public service commission, the department of health and family services and other agencies and groups related to low-income energy assistance. The department shall include in each plan, without limitation due to enumeration, items such as target populations, income eligibility, goals and funding.
16.95(10)
(10) Assist in implementing agency plans in accordance with policies and programs established by the governor and the legislature.
16.95(11)
(11) Administer federal planning grants for state planning, when so designated by the governor pursuant to
s. 16.54. The department may contract with other state agencies for the preparation of all or part of a facet of the state plan which is financed in whole or in part by federal planning grants.
16.95(12)
(12) Prepare and maintain contingency plans for responding to critical energy shortages so that when the shortages occur they can be dealt with quickly and effectively.
16.95(13)
(13) Implement the priorities under
s. 1.12 (4) in designing the department's energy programs and in awarding grants or loans for energy projects.
16.95(14)
(14) By rule, establish a standardized method for measuring the energy efficiency of the state's economy to be used in preparing the report under
sub. (15). In establishing the methodology, the department shall consider methodologies currently in use for this purpose, including the methodology used by the world bank.
16.95(15)
(15) Before April 1 annually, submit a report to the legislature under
s. 13.172 (3) regarding progress made in meeting the energy efficiency goal under
s. 1.12 (3) (a).
16.95(16)
(16) Require public utilities to provide the department with energy billing and use data regarding public schools, if the department determines that the data would facilitate any effort by the department to administer or provide energy assistance for public schools, including any effort to direct energy assistance to public schools with the highest energy costs.
16.953
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. The department of administration shall consider in its plan the means of financing allowed under
s. 16.858.
16.953 History
History: 2005 a. 141.
16.955
16.955
Energy administration. 16.955(1)
(1)
Information. If the governor determines that a disruption of energy supplies poses a serious risk to the economic well-being, health or welfare of the citizens of this state, the governor may issue an order declaring an energy alert. Upon declaration of an energy alert by the governor, the department may issue general or special orders, as defined in
s. 101.01 (7), or promulgate emergency rules under
ch. 227 to compel disclosure of information required for purposes of this section. Any person, or agent of the person, who produces, imports or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who is subject to an emergency rule or general or special order of the department within reasonable time limits specified in the order shall file or furnish such reports, information, data, copies of extracts of originals as the department deems necessary relating to existing and future energy supplies, including but not limited to record of sales in years for 1970 and thereafter, storage capacity, supplies on hand and anticipated supplies, and anticipated demand. To the extent that the reports and data requested by the department are presently available from other state or federal agencies, the department shall coordinate its data reporting requirements with the agencies to avoid duplication of reporting.
16.955(2)
(2) Information to be confidential. All information furnished under
sub. (1) shall be considered confidential and may be compiled or published only for purposes of general statistical comparison. The information may be disclosed to agencies of the state or of the federal government, under the same or similar rules of confidentiality.
16.955(3)(a)(a) Any person, or agent of a person, who produces, imports or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who fails to provide information requested by the department at the time and in the manner specified by the department shall forfeit an amount not to exceed $1,000. Each day the violation of this section continues from the day notice has been received constitutes a separate offense.
16.955(3)(b)
(b) Upon request of the department, the attorney general or the district attorney of the proper county may aid in any investigation, enforce any request of the department for information under this section or seek forfeitures for violations of this section.
16.955(3)(c)
(c) Upon request of the department, the attorney general or the district attorney of the proper county may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating this section.
16.955(3)(d)
(d) The remedies under this section shall not be exclusive.
16.955(4)
(4) Hearings; evidence; witness fees. 16.955(4)(a)(a) The department or any of its authorized agents may, in relation to any matter arising under this section, conduct hearings, administer oaths, issue subpoenas and take testimony.
16.955(4)(b)
(b) The witnesses subpoenaed by the department or its agent and officers who serve subpoenas shall be entitled to the fees allowed in courts of record. The fees shall be audited and paid by the state in the same manner as other expenses of the department are audited and paid. No witness subpoenaed at the instance of any party other than the department is entitled to payment of fees by the state, unless the department certifies that the testimony of the witness was material.
16.955(4)(c)
(c) Any person who unlawfully fails to attend as a witness or refuses to testify may be compelled to do so as provided in
s. 885.12.
16.955(4)(d)
(d) A record of all hearings shall be kept by the department. All hearings shall be public.
16.955 Cross-reference
Cross Reference: See also ch.
Adm 40, Wis. adm. code.
16.957
16.957
Utility public benefits. Effective date note
Note: This section title is repealed and recreated eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
16.957 Low-income assistance.
16.957(1)(bm)
(bm) "Commission" means the public service commission.
16.957(1)(c)
(c) "Commitment to community program" means a program by a municipal utility or retail electric cooperative for low-income assistance or an energy conservation program by a municipal utility or retail electric cooperative.
Effective date note
Note: Par. (c) is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
(c) "Commitment to community program" means a program by or on behalf of a municipal utility or retail electric cooperative for low-income assistance.
16.957(1)(d)
(d) "Customer application of renewable resources" means the generation of electricity from renewable resources that takes place on the premises of a customer or member of an electric provider.
16.957(1)(e)
(e) "Division of housing" means the department.
16.957(1)(f)
(f) "Electric provider" means an electric utility or retail electric cooperative.
16.957(1)(g)
(g) "Electric utility" means a public utility that owns or operates a retail electric distribution system.
16.957(1)(h)
(h) "Energy conservation program" means a program for reducing the demand for natural gas or electricity or improving the efficiency of its use during any period.
16.957(1)(k)
(k) "Local unit of government" means the governing body of any county, city, town, village or county utility district or the elected tribal governing body of a federally recognized American Indian tribe or band.
16.957(1)(L)
(L) "Low-income assistance" means assistance to low-income households for weatherization and other energy conservation services, payment of energy bills or early identification or prevention of energy crises.
16.957(1)(m)
(m) "Low-income household" means any individual or group of individuals in this state who are living together as one economic unit and for whom residential electricity is customarily purchased in common or who make undesignated payments for electricity in the form of rent, and whose household income is not more than 150% of the poverty line as determined under
42 USC 9902 (2).
16.957(1)(n)
(n) "Low-income need" means the amount obtained by subtracting from the total low-income energy bills in a fiscal year the product of 2.2% of the estimated average annual income of low-income households in this state in that fiscal year multiplied by the estimated number of low-income households in this state in that fiscal year.
16.957(1)(o)
(o) "Low-income need percentage" means the percentage that results from dividing the sum of the following by the amount of low-income need in fiscal year 1998-99:
Effective date note
Note: Subd. 1m. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
1m. The amount of the portion of the public benefits fee for fiscal year 1999-2000 that is specified in s. 16.957 (4) (c) 1. , 1999 stats.
16.957(1)(o)2.
2. The total amount expended by utilities under
s. 196.374 related to low-income assistance.
Effective date note
Note: Subd. 2. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
2. The total amount expended by utilities under s. 196.374, 2003 stats., related to low-income assistance.
16.957(1)(o)3.
3. Fifty percent of the amount of public benefits fees that municipal utilities and retail electric cooperatives are required to charge under
sub. (5) (a) 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).
Effective date note
Note: Subd. 3. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
3. Fifty percent of the amount of public benefits fees that municipal utilities and retail electric cooperatives were required to charge under s. 16.957 (5) (a), 1999 stats., in fiscal year 1999-2000.
16.957(1)(p)
(p) "Low-income need target" means the product of the low-income need percentage multiplied by low-income need in a fiscal year.
16.957(1)(q)
(q) "Municipal utility" means an electric utility that is owned wholly by a municipality and that owns a retail distribution system.
16.957(1)(s)
(s) "Retail capacity" means the total amount of electricity that an electric provider is capable of delivering to its retail customers or members and that is supplied by electric generating facilities owned or operated by the electric provider or any other person. "Retail capacity" does not include any electricity that is not used to satisfy the electric provider's retail load obligations.
16.957(1)(t)
(t) "Retail electric cooperative" means a cooperative association that is organized under
ch. 185 for the purpose of providing electricity at retail to its members only and that owns or operates a retail electric distribution system.
16.957(1)(u)
(u) "Total low-income energy bills" means the total estimated amount that all low-income households are billed for residential electricity, natural gas and heating fuel in a fiscal year.
16.957(1)(v)
(v) "Wholesale electric cooperative" means a cooperative association that is organized under
ch. 185 for the purpose of providing electricity at wholesale to its members only.
16.957(1)(w)
(w) "Wholesale supplier" means a wholesale electric cooperative or a municipal electric company, as defined in
s. 66.0825 (3) (d), that supplies electricity at wholesale to a municipal utility or retail electric cooperative.
16.957(1)(x)
(x) "Wholesale supply percentage" means the percentage of a municipal utility's or retail electric cooperative's retail capacity in a fiscal year that is supplied by a wholesale supplier.
Effective date note
Note: Par. (x) is repealed and recreated eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
(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.
16.957(2)
(2) Department duties. In consultation with the council, the department shall do all of the following:
16.957(2)(a)
(a)
Low-income programs. After holding a hearing, establish programs to be administered by the department for awarding grants from the appropriation under
s. 20.505 (3) (r) to provide low-income assistance. In each fiscal year, the amount awarded under this paragraph shall be sufficient to ensure that an amount equal to 47% of the sum of the following is spent for weatherization and other energy conservation services:
