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.
(2) LOW-INCOME ASSISTANCE FEE.
(a) Definitions. In this subsection:
1. "Federal economic stimulus funds" means federal moneys received by the state, pursuant to federal legislation enacted during the 111th Congress for the purpose of reviving the economy of the United States.
2. "Low-income assistance fee" means the fee that an electric utility, as defined in section 16.957 (1) (g) of the statutes is required to charge customers under section 16.957 (4) (a) of the statutes.
3. "Stimulus portion" means the portion of moneys received under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 in a fiscal year that is attributable to, as determined by the secretary of administration, the federal economic stimulus funds received in that fiscal year.
(b) Fee calculation. Notwithstanding section 16.957 (4) (c) 1. of the statutes, in determining the amount of the low-income assistance fee for fiscal years 2009-10 and 2010-11, the stimulus portion received in the fiscal year shall be deducted from the sum of the amounts specified in section 16.957 (4) (c) 1. a. to c. of the statutes for that fiscal year.
(c) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of administration shall, no later than December 31, 2009, promulgate rules establishing the amount of the low-income assistance fee for fiscal years 2009-10 and 2010-11. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, these emergency rules may remain in effect until the effective date of any permanent rules promulgated by the department to implement the requirements of paragraph (b). Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.
SECTION 9401. Effective dates; Administration.
(1) PUBLIC SERVICE COMMISSION TRANSFERS. The treatment of sections 16.26, 16.27 (title), (1), (2), (3) (am) (intro.), 2., 3., 4., and 5. (intro.), c., f., and g., and (bm), (4), (6), (7), (8), and (9), 16.54 (2) (b), 16.957 (title), (1) (intro.), (bm), (c) to (n), (o), (p), (q), (qm), and (s) to (x), (2) (intro.), (a) (by SECTION 28), (c), and (d), (3), (4) (a), (am), (b), and (c) (intro.) and 1., and (5), 20.155 (3) (title), (m), and (q) (title), 20.505 (1) (n) and (3) (title), (q), and (r), 25.96, 46.215 (1) (n), 46.22 (1) (b) 4m. c., d., and e., 76.28 (1) (d), (eg), and (gr), 76.48 (1g) (d), (dm), and (fm), 77.54 (44), 134.80, 196.025 (1) (ag) 2., 196.374 (1) (f), (h), (L), (n), and (o) and (3) (a), 196.378 (1) (p), 285.48 (4) (b), and 977.01 (2) of the statutes, the renumbering of sections 16.27 (5) and 16.957 (4) (c) 3. (intro.) and a. of the statutes, and the renumbering and amendment of section 16.957 (2) (d) 2m. and (4) (c) 3. b. of the statutes and SECTION 9101 (1) of this act take effect on January 1, 2010.
****NOTE: This is reconciled SECTION 9401 (1). This SECTION has been affected by drafts with the following LRB numbers: LRB-0967/1 and LRB-1261/P6.
(2) LOW-INCOME ENERGY ASSISTANCE. The repeal and recreation of section 196.3746 (2) (a) of the statutes and the repeal of section 196.3746 (2) (d) 2m. of the statutes take effect on June 30, 2012.
(End)
LRB-1265LRB-1265/4
RAC&RLR:jld&kjf:md
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0312 - Transfer BadgerRx Gold Program to DHS
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
HEALTH and human services
Health
Under current law, the Group Insurance Board, attached to DETF, must develop and administer a pharmacy benefits purchasing program that is available for all public and private sector employers in this state, as well as all residents of this state. The program for private sector employers and other residents of this state, developed under contract with Navitus Health Solutions, is called "BadgerRx Gold." This bill transfers the BadgerRx Gold program to DHS.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (4) (a) of the statutes is amended to read:
20.435 (4) (a) General program operations. The amounts in the schedule for general program operations, including health care financing regulation, administration, and field services and medical assistance eligibility determinations under s. 49.45 (2) (a) 3, and administration of the pharmacy benefits purchasing pool under s. 146.45.
SECTION 2. 20.435 (4) (bm) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
20.435 (4) (bm) Medical Assistance, food stamps, and Badger Care administration; contract costs, insurer reports, and resource centers. Biennially, the amounts in the schedule to provide a portion of the state share of administrative contract costs for the Medical Assistance program under subch. IV of ch. 49 and the Badger Care health care program under s. 49.665 and to provide the state share of administrative costs for the food stamp program under s. 49.79, other than payments to counties and tribal governing bodies under s. 49.78 (8), to develop and implement a registry of recipient immunizations, to reimburse 3rd parties for their costs under s. 49.475, for costs associated with outreach activities, for state administration of state supplemental grants to supplemental security income recipients under s. 49.77, to provide incentive payments to the department of children and families for identifying children with medical assistance coverage who have access to health insurance coverage, to administer the pharmacy benefits purchasing pool under s. 146.45, and for services of resource centers under s. 46.283. No state positions may be funded in the department of health services from this appropriation, except positions for the performance of duties under a contract in effect before January 1, 1987, related to the administration of the Medical Assistance program between the subunit of the department primarily responsible for administering the Medical Assistance program and another subunit of the department. Total administrative funding authorized for the program under s. 49.665 may not exceed 10% of the amounts budgeted under pars. (p) and (x).
****NOTE: This is reconciled s. 20.435 (4) (bm). This SECTION has been affected by drafts with the following LRB numbers: 0247/1, 1265/3, and 1482/1.
SECTION 3. 20.435 (4) (jw) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
