LRBs0313/1
MDK/GMM/MES:cjs&nwn:jf
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 755
March 1, 2010 - Offered by Representative Mason.
AB755-ASA1,1,11
1An Act to amend 66.0627 (title), 66.0627 (1) (a), 66.0627 (8), 103.49 (3) (ar),
2109.09 (1), 111.322 (2m) (c), 196.374 (2) (a) 1., 196.374 (3) (b) 2. (intro.), 196.374
3(3) (b) 3., 196.374 (4) (b), 227.01 (13) (t), 946.15 (1), 946.15 (2), 946.15 (3) and
4946.15 (4); and
to create 20.445 (1) (jg), 66.0627 (1) (d), 106.06, 196.374 (2) (d),
5196.374 (3) (b) 3m., 196.3745 and 709.03 (form) C. 25m. of the statutes;
6relating to: allowing certain utilities to administer investment programs for
7energy and water efficiency improvements and renewable energy applications,
8creating requirements for political subdivision loans for similar improvements
9and applications, certain apprenticeship training grants, providing an
10exemption from emergency rule procedures, granting rule-making authority,
11and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB755-ASA1, s. 1
12Section
1. 20.445 (1) (jg) of the statutes is created to read:
AB755-ASA1,2,2
120.445
(1) (jg)
Apprenticeship training grants. All moneys received under s.
2196.374 (3) (b) 3m., for making grants under s. 106.06.
AB755-ASA1,2,6
566.0627 (title)
Special charges for current services and energy and
6water efficiency improvement loans.
AB755-ASA1,2,119
66.0627
(1) (a) "Energy efficiency improvement" means an improvement to a
10residential any type of premises that reduces the usage of energy, or increases the
11efficiency of energy usage, at the premises.
AB755-ASA1, s. 4
12Section
4. 66.0627 (1) (d) of the statutes is created to read:
AB755-ASA1,2,1513
66.0627
(1) (d) "Water efficiency improvement" means an improvement to any
14type of premises that reduces the usage of water, or increases the efficiency of water
15usage, at the premises.
AB755-ASA1,3,518
66.0627
(8) Subject to s. 196.3745, a political subdivision may make a loan to
19 a resident of an owner of a premises located in the political subdivision for making
20or installing an energy efficiency improvement
, a water efficiency improvement, or
21a renewable resource application to the
resident's residential property premises, or
22enter into an agreement with the owner regarding loan repayments to a 3rd party
23for owner-arranged financing for such purposes. If a political subdivision makes
24such a loan
or enters into such an agreement, the political subdivision may collect
25the loan repayment as a special charge under this section.
A political subdivision
1may also collect the loan repayment as a special tax, using the method and
2procedures described in s. 66.0907 (3) (f). Notwithstanding the provisions of sub. (4),
3a special charge imposed under this subsection may be collected in
not more than 10
4annual installments and may be included in the current or next tax roll for collection
5and settlement under ch. 74 even if the special charge is not delinquent.
AB755-ASA1,3,148
103.49
(3) (ar) In determining prevailing wage rates under par. (a) or (am), the
9department may not use data from projects that are subject to this section, s. 66.0903,
1066.0904, 103.50,
196.3745 (5) (a) 1., or 229.8275 or
40 USC 3142 unless the
11department determines that there is insufficient wage data in the area to determine
12those prevailing wage rates, in which case the department may use data from
13projects that are subject to this section, s. 66.0903, 66.0904, 103.50,
196.3745 (5) (a)
141., or 229.8275 or
40 USC 3142.
AB755-ASA1,3,21
16106.06 Apprenticeship training grants. From the appropriation under s.
1720.445 (1) (jg), the department shall make grants to support apprenticeship training
18programs that contractors and subcontractors are required to sponsor under s.
19196.3745 (5) (a) 3. The purpose of the grants shall be to prepare individuals to
20participate in the apprenticeship training programs. The department shall
21promulgate rules establishing requirements and procedures for the grants.
AB755-ASA1,4,1924
109.09
(1) The department shall investigate and attempt equitably to adjust
25controversies between employers and employees as to alleged wage claims. The
1department may receive and investigate any wage claim which is filed with the
2department, or received by the department under s. 109.10 (4), no later than 2 years
3after the date the wages are due. The department may, after receiving a wage claim,
4investigate any wages due from the employer against whom the claim is filed to any
5employee during the period commencing 2 years before the date the claim is filed.
6The department shall enforce this chapter and ss. 66.0903, 66.0904, 103.02, 103.49,
7103.82, 104.12,
196.3745 (5) (a) 1., and 229.8275. In pursuance of this duty, the
8department may sue the employer on behalf of the employee to collect any wage claim
9or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions.
10Except for actions under s. 109.10, the department may refer such an action to the
11district attorney of the county in which the violation occurs for prosecution and
12collection and the district attorney shall commence an action in the circuit court
13having appropriate jurisdiction. Any number of wage claims or wage deficiencies
14against the same employer may be joined in a single proceeding, but the court may
15order separate trials or hearings. In actions that are referred to a district attorney
16under this subsection, any taxable costs recovered by the district attorney shall be
17paid into the general fund of the county in which the violation occurs and used by that
18county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of
19the office of the district attorney who prosecuted the action.
AB755-ASA1,4,2522
111.322
(2m) (c) The individual files a complaint or attempts to enforce a right
23under s. 66.0903, 66.0904, 103.49,
196.3745 (5) (a) 1., or 229.8275 or testifies or
24assists in any action or proceeding under s. 66.0903, 66.0904, 103.49,
196.3745 (5)
25(a) 1., or 229.8275.
AB755-ASA1, s. 10
1Section
10. 196.374 (2) (a) 1. of the statutes is amended to read:
AB755-ASA1,5,92
196.374
(2) (a) 1. The energy utilities in this state shall collectively establish
3and fund statewide energy efficiency and renewable resource programs. The energy
4utilities shall contract, on the basis of competitive bids, with one or more persons to
5develop and administer the programs. The utilities may not execute a contract under
6this subdivision unless the commission has approved the contract.
The Except as
7provided in sub. (3) (b) 3m., the commission shall require each energy utility to spend
8the amount required under sub. (3) (b) 2. to fund statewide energy efficiency and
9renewable resource programs.
AB755-ASA1,5,2111
196.374
(2) (d)
Contractors. The commission shall prohibit, by order or rule,
12the performance of any work on installing or making an energy efficiency
13improvement, as defined in s. 196.3745 (1) (b), or renewable resource application, as
14defined in s. 196.3745 (1) (f), under a contract under a program under par. (a) 1., (b)
151. or 2., or (c) by a contractor or subcontractor who is not included in the list specified
16in s. 196.3745 (5) (a), except that the commission's order or rule shall allow the
17performance of such work by a contractor or subcontractor who does not satisfy the
18requirement under s. 196.3745 (5) (a) 3. if no contractor or subcontractor who
19satisfies the requirement is available to perform the work. This paragraph applies
20to contracts that are entered into, extended, modified, or renewed on the effective
21date of the commission's order or rule.
AB755-ASA1, s. 12
22Section
12. 196.374 (3) (b) 2. (intro.) of the statutes is amended to read:
AB755-ASA1,6,823
196.374
(3) (b) 2. (intro.)
The Except as provided in subd. 3m., the commission
24shall require each energy utility to spend 1.2 percent of its annual operating
25revenues to fund the utility's programs under sub. (2) (b) 1., the utility's ordered
1programs, the utility's share of the statewide energy efficiency and renewable
2resource programs under sub. (2) (a) 1., and the utility's share, as determined by the
3commission under sub. (3) (b) 4., of the costs incurred by the commission in
4administering this section. Subject to approval under subd. 3.,
and except as
5provided in subd. 3m., the commission may require each energy utility to spend a
6larger percentage of its annual operating revenues to fund these programs and costs.
7The commission may make such a requirement based on the commission's
8consideration of all of the following:
AB755-ASA1, s. 13
9Section
13. 196.374 (3) (b) 3. of the statutes is amended to read:
AB755-ASA1,6,2410
196.374
(3) (b) 3. The commission shall submit to the joint committee on
11finance any proposal to require each energy utility to spend a larger percentage of
12its annual operating revenues than the percentage specified in subd. 2. (intro.)
to
13fund the programs specified in subd. 2. (intro.). If the cochairpersons of the
14committee do not notify the commission within 10 working days after the commission
15submits such a proposal that the committee has scheduled a meeting to review the
16proposal, the commission may require each energy utility to spend the percentage
17specified in the proposal. If, within 10 working days after the commission submits
18a proposal, the cochairpersons of the committee notify the commission that the
19committee has scheduled a meeting to review the proposal, but, within 90 days of
20providing the notice, the committee does not object to the proposal, the commission
21may require each energy utility to spend the percentage specified in the proposal.
22If, within 90 days after providing the notice, the committee objects to the proposal,
23the commission may not require each energy utility to spend the percentage specified
24in the proposal.
AB755-ASA1, s. 14
25Section
14. 196.374 (3) (b) 3m. of the statutes is created to read:
AB755-ASA1,7,4
1196.374
(3) (b) 3m. The commission shall require each energy utility to pay to
2the department of workforce development 10 percent of the percentage of its annual
3operating revenues that the commission requires the energy utility to spend under
4subd. 2. (intro.).
AB755-ASA1,7,136
196.374
(4) (b) An energy utility that provides financing under an energy
7efficiency program under sub. (2) (b) 1. or 2. for installation, by a customer, of energy
8efficiency or renewable resource processes, equipment, or appliances, or an affiliate
9of such a utility, may not sell to or install for the customer those processes,
10equipment, appliances, or related materials.
The
Subject to any order or rule of the
11commission under sub. (2) (d), the customer shall acquire the installation of the
12processes, equipment, appliances, or related materials from an independent
13contractor of the customer's choice.
AB755-ASA1,7,16
15196.3745 Energy and water efficiency and renewable energy
16investment program. (1) Definitions. In this section:
AB755-ASA1,7,2017
(ag) "Administrative services" means, with respect to a utility, internal
18program administrative activities of the utility and does not include project,
19construction, or program management services or installations related to
20improvements or applications.
AB755-ASA1,7,2321
(ar) "Cultural competency" means the ability to understand and act
22respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes,
23and behaviors of persons of various cultures.
AB755-ASA1,8,3
1(b) "Energy efficiency improvement" means an improvement to any type of
2premises that reduces the usage of energy, or increases the efficiency of energy usage,
3at the premises.
AB755-ASA1,8,54
(c) "Improvement or application" means an energy or water efficiency
5improvement or renewable resource application.
AB755-ASA1,8,66
(d) "Political subdivision" means a city, village, town, or county.
AB755-ASA1,8,87
(e) "Political subdivision loan" means a loan or agreement under s. 66.0627 (8)
8regarding an improvement or application.
AB755-ASA1,8,109
(f) "Renewable resource application" means the application of a renewable
10resource, as defined in s. 196.374 (1) (j), at any type of premises.
AB755-ASA1,8,1211
(g) "Utility" means a public utility that furnishes electricity, natural gas, or
12water service to retail customers.
AB755-ASA1,8,1313
(h) "Utility program" means a program authorized under sub. (2).
AB755-ASA1,8,1614
(i) "Water efficiency improvement" means an improvement to any type of
15premises that reduces the usage of water, or increases the efficiency of water usage,
16at the premises.
AB755-ASA1,8,23
17(2) Authorization. The commission may, upon application by a utility,
18authorize the utility to administer, fund, or provide administrative services for a
19program for investing in improvements or applications for any type of premises
20served by the utility if the commission finds that the program is cost-effective.
21Participation in such a program shall be at the discretion of utilities and premises
22owners, and the commission may not require that a utility or premises owner
23participate in such a program.
AB755-ASA1,9,3
24(3) Tariffs. A utility for which a program is authorized under sub. (2) shall file
25a tariff specifying the terms and conditions for making or installing improvements
1or applications at customer premises under the program. A tariff filed under this
2subsection shall have no effect until approved by the commission. A tariff filed by
3a utility under this subsection shall include all of the following:
AB755-ASA1,9,84
(a) Terms and conditions for billing customers at premises for costs incurred
5at the premises in making or installing improvements or applications for which
6investments are made. The tariff shall allow the utility to collect, and enforce
7payment of, the amounts billed in the same manner as amounts billed for utility
8service.
AB755-ASA1,9,129
(b) A contract between the utility and an owner of property benefited by an
10improvement or application that requires the owner to inform any property lessees
11who are liable for utility service that the cost of the improvement or application will
12appear on the lessees' utility bills.
AB755-ASA1,9,1713
(c) A contract between the utility and an owner of property benefited by an
14improvement or application that requires the owner to inform any purchaser of the
15property that the purchaser, or any other person who is liable for utility service at
16the property, is liable for the unpaid cost of the improvement or application and that
17such unpaid cost will appear on utility bills for the property.
AB755-ASA1,9,1818
(d) Any other term or condition required by the commission.