16.957 (4) (c) 3. b. As determined by the department, the percentage of the total of every other charge for which the customer is billed for that month that is sufficient to generate, over the course of the fiscal year within which the month falls, the amount shown in the schedule under s. 20.437 (2) (s) for that fiscal year.
SECTION 43. 16.957 (4) (c) 3. b. of the statutes, as created by 2009 Wisconsin Act .... (this act), is renumbered 196.3746 (4) (c) 3. b. and amended to read:
196.3746 (4) (c) 3. b. As determined by the department commission, the percentage of the total of every other charge for which the customer is billed for that month that is sufficient to generate, over the course of the fiscal year within which the month falls, the amount shown in the schedule under s. 20.437 (2) (s) for that fiscal year.
SECTION 44. 16.957 (5) of the statutes is renumbered 196.3746 (5), and 196.3746 (5) (b) 2. and (g) 1. (intro.) and 2., as renumbered, are amended to read:
196.3746 (5) (b) 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 commission 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 commission in each year of the 3-year period for which the utility or cooperative has made the election.
(g) Reports. 1. (intro.) Annually, each municipal utility and retail electric cooperative that spends the low-income assistance fees that the utility or cooperative charges under par. (a) 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 commission that describes each of the following:
2. The department commission 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.
SECTION 45. 20.155 (3) (title) of the statutes is amended to read:
20.155 (3) (title) AFFILIATED GRANT OTHER PROGRAMS.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 46. 20.155 (3) (m) of the statutes is created to read:
20.155 (3) (m) Federal aid. All moneys received from the federal government not otherwise appropriated under this section, as authorized by the governor under s. 16.54, to carry out the purposes for which received.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 47. 20.155 (3) (q) (title) of the statutes is amended to read:
20.155 (3) (q) (title) General Wireless 911 program operations and grants.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 48. 20.505 (1) (kn) of the statutes is repealed.
****NOTE: This is reconciled s. 20.505 (1) (kn). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261/P4 and LRB-1373/P1.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 49. 20.505 (1) (n) of the statutes is renumbered 20.155 (3) (n) and amended to read:
20.155 (3) (n) Federal aid; local assistance. All moneys received from the federal government for local assistance related to s. 16.27 196.3744, as authorized by the governor under s. 16.54, for the purposes of providing local assistance.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 50. 20.505 (3) (title) of the statutes is amended to read:
20.505 (3) (title) UTILITY PUBLIC BENEFITS AND AIR AIR QUALITY IMPROVEMENT.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 51. 20.505 (3) (q) of the statutes is renumbered 20.155 (3) (qm) and amended to read:
20.155 (3) (qm) General program operations; utility public benefits low-income assistance. From the utility public benefits fund, the amounts in the schedule for general program operations under s. 16.957 196.3746.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 52. 20.505 (3) (r) of the statutes is renumbered 20.155 (3) (r) and amended to read:
20.155 (3) (r) Low-income assistance grants. From the utility public benefits fund, a sum sufficient for low-income assistance grants under s. 16.957 196.3746 (2) (a).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 53. 25.96 of the statutes is amended to read:
25.96 Utility public benefits fund. There is established a separate nonlapsible trust fund designated as the utility public benefits fund, consisting of low-income assistance fees received under s. 16.957 196.3746 (4) (a) and (5) (b) 2. and all moneys received under s. 196.374 (3) (b) 4.
SECTION 54. 46.215 (1) (n) of the statutes is amended to read:
46.215 (1) (n) To collect and transmit information to the department of administration public service commission so that a federal energy assistance payment may be made to an eligible household; to collect and transmit information to the department of administration public service commission so that weatherization services may be made available to an eligible household; to receive applications from individuals seeking low-income energy assistance under s. 16.27 196.3744 (4) or weatherization services under s. 16.26 196.3742; to provide information on the income eligibility for weatherization of a recipient of low-income energy assistance to an entity with which the department of administration public service commission contracts for provision of weatherization under s. 16.26 196.3742; and to receive a request, determine a correct payment amount, if any, and provide payment, if any, for emergency assistance under s. 16.27 196.3744 (8).
SECTION 55. 46.22 (1) (b) 4m. c. of the statutes is amended to read:
46.22 (1) (b) 4m. c. To receive applications from individuals seeking low-income energy assistance under s. 16.27 196.3744 (4) or weatherization services under s. 16.26 196.3742.
SECTION 56. 46.22 (1) (b) 4m. d. of the statutes is amended to read:
46.22 (1) (b) 4m. d. To provide information on the income eligibility for weatherization of a recipient of low-income energy assistance to an entity with which the department of administration public service commission contracts for provision of weatherization under s. 16.26 196.3742.
SECTION 57. 46.22 (1) (b) 4m. e. of the statutes is amended to read:
46.22 (1) (b) 4m. e. To receive a request, determine a correct payment amount, if any, and provide payment, if any, for emergency assistance under s. 16.27 196.3744 (8).
SECTION 58. 76.28 (1) (d) of the statutes is amended to read:
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. 16.957 196.3746 (1) (g), "gross revenues" does not include low-income assistance fees collected by the electric utility under s. 16.957 196.3746 (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. 16.957 196.3746 (1) (w), "gross revenues" does not include any low-income assistance fees that are received from a municipal utility or retail electric cooperative or under a joint program established under s. 16.957 196.3746 (5) (f). For a municipal utility, "gross revenues" does not include low-income assistance fees received by the municipal utility from a municipal utility or retail electric cooperative under a joint program established under s. 16.957 196.3746 (5) (f).
SECTION 59. 76.28 (1) (eg) of the statutes is amended to read:
76.28 (1) (eg) "Municipal utility" has the meaning given in s. 16.957 196.3746 (1) (q).
SECTION 60. 76.28 (1) (gr) of the statutes is amended to read:
76.28 (1) (gr) "Retail electric cooperative" has the meaning given in s. 16.957 196.3746 (1) (t).
SECTION 61. 76.48 (1g) (d) of the statutes is amended to read:
76.48 (1g) (d) "Gross revenues" means total operating revenues, except revenues for interdepartmental sales and for interdepartmental rents, less deductions from the sales and use tax under s. 77.61 (4) and, in respect to any electric cooperative that purchases more than 50% of the power it sells, less the actual cost of power purchased for resale by an electric cooperative, if the revenue from that purchased electric power is included in the seller's gross revenues or if the electric cooperative purchased more than 50% of the power it sold in the year prior to January 1, 1988, from a seller located outside this state. For an electric cooperative, "gross revenues" does not include grants awarded to the electric cooperative under s. 16.958 (2) (b). For a retail electric cooperative, "gross revenues" does not include low-income assistance fees collected by the retail electric cooperative under s. 16.957 196.3746 (5) (a), low-income assistance fees received by the retail electric cooperative from a retail electric cooperative or municipal utility under a joint program established under s. 16.957 196.3746 (5) (f). For a wholesale supplier, as defined in s. 16.957 196.3746 (1) (w), "gross revenues" does not include any low-income assistance fees that are received from a municipal utility, as defined in s. 16.957 196.3746 (1) (q), or retail electric cooperative or under a joint program established under s. 16.957 196.3746 (5) (f).
SECTION 62. 76.48 (1g) (dm) of the statutes is amended to read:
76.48 (1g) (dm) "Municipal utility" has the meaning given in s. 16.957 196.3746 (1) (q).
SECTION 63. 76.48 (1g) (fm) of the statutes is amended to read:
76.48 (1g) (fm) "Retail electric cooperative" has the meaning given in s. 16.957 196.3746 (1) (t).
SECTION 64. 77.54 (44) of the statutes is amended to read:
77.54 (44) The gross receipts from the collection of low-income assistance fees that are charged under s. 16.957 196.3746 (4) (a) or (5) (a).
SECTION 65. 134.80 of the statutes is amended to read:
134.80 Home heating fuel dealers. Any dealer selling fuel of any kind for the purpose of heating a private residence shall notify each private residential customer whose account is subject to disconnection of the existence of the fuel assistance programs provided by the department of administration commission under s. 16.27 196.3746.
SECTION 66. 196.025 (1) (ag) 2. of the statutes is amended to read:
196.025 (1) (ag) 2. "Wholesale supplier" has the meaning given in s. 16.957 196.3746 (1) (w).
SECTION 67. 196.374 (1) (f) of the statutes is amended to read:
196.374 (1) (f) "Load management program" means a program to allow an energy utility, municipal utility, wholesale electric cooperative, as defined in s. 16.957 196.3746 (1) (v), retail electric cooperative, or municipal electric company, as defined in s. 66.0825 (3) (d), to control or manage daily or seasonal customer demand associated with equipment or devices used by customers or members.
SECTION 68. 196.374 (1) (h) of the statutes is amended to read:
196.374 (1) (h) "Municipal utility" has the meaning given in s. 16.957 196.3746 (1) (q).
SECTION 69. 196.374 (1) (L) of the statutes is amended to read:
196.374 (1) (L) "Retail electric cooperative" has the meaning given in s. 16.957 196.3746 (1) (t).
SECTION 70. 196.374 (1) (n) of the statutes is amended to read:
196.374 (1) (n) "Wholesale supplier" has the meaning given in s. 16.957 196.3746 (1) (w).
SECTION 71. 196.374 (1) (o) of the statutes is amended to read:
196.374 (1) (o) "Wholesale supply percentage" has the meaning given in s. 16.957 196.3746 (1) (x).
SECTION 72. 196.374 (3) (a) of the statutes is amended to read:
196.374 (3) (a) In general. The commission shall have oversight of programs under sub. (2). The commission shall maximize coordination of program delivery, including coordination between programs under subs. (2) (a) 1., (b) 1. and 2., and (c) and (7), ordered programs, low-income weatherization programs under s. 16.957 196.3746, renewable resource programs under s. 196.378, and other energy efficiency or renewable resource programs. The commission shall cooperate with the department of natural resources to ensure coordination of energy efficiency and renewable resource programs with air quality programs and to maximize and document the air quality improvement benefits that can be realized from energy efficiency and renewable resource programs.
SECTION 73. 196.3746 (2) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
196.3746 (2) (a) Low-income programs. After holding a hearing, establish programs to be administered by the commission for awarding grants from the appropriation under s. 20.155 (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:
1. All moneys received from the federal government under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 in a fiscal year.
2. All moneys spent in a fiscal year for low-income programs established under s. 196.374, 2003 stats.
3. All moneys spent in a fiscal year on programs established under this paragraph.
4. The moneys collected in low-income assistance fees under sub. (5) (a).
SECTION 74. 196.3746 (2) (d) 2m. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed.
SECTION 75. 196.378 (1) (p) of the statutes is amended to read:
196.378 (1) (p) "Wholesale supplier" has the meaning given in s. 16.957 196.3746 (1) (w).
SECTION 76. 285.48 (4) (b) of the statutes is amended to read:
285.48 (4) (b) The implementation of low-income weatherization and energy conservation measures, including programs established under s. 16.957 196.3746 (2) (a) or (b) or programs under s. 196.374.
SECTION 77. 977.01 (2) of the statutes is amended to read:
977.01 (2) "Public assistance" means relief provided by counties under s. 59.53 (21), Wisconsin works under ss. 49.141 to 49.161, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.27 196.3744, weatherization assistance under s. 16.26 196.3742, and the food stamp program under 7 USC 2011 to 2029.
SECTION 9101. Nonstatutory provisions; Administration.
(1) PUBLIC SERVICE COMMISSION TRANSFERS.
(a) Definitions. In this subsection:
1. "Commission" means the public service commission.
2. "Department" means the department of administration.
3. "Division" means the division of energy of the department of administration.
4. "Secretary" means the secretary of administration.
(b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department that are primarily related to the division, as determined by the secretary, shall become the assets and liabilities of the commission.
(c) Positions and employees. On the effective date of this paragraph, the secretary shall transfer any number of positions in the department, except for the administrator of the division, and shall transfer the incumbent employees holding those positions, to the commission for the performance of duties under sections 196.3742, 196.3744, and 196.3746 of the statutes, as affected by this act.
(d) Employee status. Employees transferred under paragraph (c) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the commission that they enjoyed in the department immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.
(e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department that is primarily related to the division, as determined by the secretary, is transferred to the commission.
(f) Contracts. All contracts entered into by the department in effect on the effective date of this paragraph that are primarily related to the division, as determined by the secretary, remain in effect and are transferred to the commission. The commission shall carry out any obligations under those contracts unless modified or rescinded by the commission to the extent allowed under the contract.
(g) Rules and orders. All rules promulgated by the department in effect on the effective date of this paragraph that are primarily related to the division remain in effect until their specified expiration dates or until amended or repealed by the commission. All orders issued by the department in effect on the effective date of this paragraph that are primarily related to the division remain in effect until their specified expiration dates or until modified or rescinded by the commission.
(h) Pending matters. Any matter pending with the department on the effective date of this paragraph that is primarily related to the division, as determined by the secretary, is transferred to the commission. All materials submitted to or actions taken by the department with respect to the pending matters are considered as having been submitted to or taken by the commission.
