Also under current law, DOA has created a Division of Energy to administer federal and state programs for providing assistance to low-income households for weatherization, energy conservation, payment of energy bills, and other energy-related services. This bill transfers responsibility to administer the programs from DOA to the PSC effective January 1, 2010.
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. 16.26 of the statutes is renumbered 196.3742 and amended to read:
196.3742 Weatherization Federal weatherization assistance. Notwithstanding s. 16.54 (2) (a), the department commission shall administer federal funds available to this state under the weatherization assistance for low-income persons program, as amended, 42 USC 6861 to 6873. The department commission shall administer the funds in accordance with 42 USC 6861 to 6873 and regulations adopted under 42 USC 6861 or 6873.
SECTION 2. 16.27 (title) of the statutes is renumbered 196.3744 (title) and amended to read:
196.3744 (title) Low-income Federal low-income energy assistance.
SECTION 3. 16.27 (1) of the statutes is renumbered 196.3744 (1), and 196.3744 (1) (e), as renumbered, is amended to read:
196.3744 (1) (e) "Low-income warm room program volunteer" means a person who is eligible for assistance under 42 USC 8621 to 8629, whose dwelling, in comparison to the dwellings of other persons eligible for assistance under 42 USC 8621 to 8629, has a high ratio of space to occupant, and who volunteers to take the training under sub. (2) (b) and to cooperate with the department commission in the installation and operation of low-income warm room program materials in his or her dwelling.
SECTION 4. 16.27 (2) of the statutes is renumbered 196.3744 (2) and amended to read:
196.3744 (2) ADMINISTRATION. (a) The department commission shall administer low-income energy assistance as provided in this section to assist an eligible household to meet the costs of home energy with low-income home energy assistance benefits authorized under 42 USC 8621 to 8629.
(b) The department commission shall administer a low-income warm room program to install low-income warm room program materials in the dwellings of low-income warm room program volunteers and to train the low-income warm room program volunteers and the members of each low-income warm room program volunteer's household in the operation of the low-income warm room program materials to achieve maximum health and heating efficiency.
SECTION 5. 16.27 (3) (intro.), (b), (c), (d) and (e) (intro.) of the statutes are renumbered 16.27 (3) (am) (intro.), 2., 3., 4. and 5. (intro.).
****NOTE: This is reconciled s. 16.27 (3) (intro.), (b), (c), (d) and (e) (intro.). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261/P4 and LRB-1517/P2.
SECTION 6. 16.27 (3) (am) (intro.), 2., 3., 4. and 5. (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), are renumbered 196.3744 (3) (am) (intro.), 2., 3., 4. and 5. (intro.) and amended to read:
196.3744 (3) (am) (intro.) Subject to s. 16.54 (2), the department commission shall do all of the following, within the limits of the availability of federal funds received under 42 USC 8621 to 8629:
2. By October 1 of every year from the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m), determine the total amount available for payment of heating assistance under sub. (6) and determine the benefit schedule.
3. From the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m), allocate $1,100,000 in each federal fiscal year for the department's commission's expenses in administering the funds to provide low-income energy assistance under this section.
4. From the appropriation under s. 20.505 (1) 20.155 (3) (n), allocate $2,900,000 in each federal fiscal year for the expenses of a county department, another local governmental agency, or a private nonprofit organization in administering under sub. (4) the funds to provide low-income energy assistance under this section.
5. (intro.) From the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m):
****NOTE: This is reconciled s. 16.27 (3) (e) 1. This SECTION has been affected by drafts with the following LRB numbers: LRB-1261/P4, LRB-1373/P1, and LRB-1517/P2.
SECTION 7. 16.27 (3) (am) 5. c., f. and g. of the statutes, as affected by 2009 Wisconsin Act .... (this act), are renumbered 196.3744 (3) (am) 5. c., f. and g., and 196.3744 (3) (am) 5. f. and g., as renumbered, are amended to read:
196.3744 (3) (am) 5. f. If federal funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, submit a plan of expenditure under s. 16.54 (2) (b) of the funds to the joint committee on finance. The commission may not use the funds unless the committee approves the plan.
g. By October 1 of each year, allocate funds budgeted but not spent and any funds remaining from previous fiscal years to heating assistance under sub. (6) or to the weatherization assistance program under s. 16.26 196.3742.
****NOTE: This is reconciled s. 16.27 (3) (bm). This SECTION has been affected by drafts with the following LRB numbers: LRB-1373/P1 and LRB-1517/P2.
SECTION 8. 16.27 (3) (bm) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 196.3744 (3) (bm) and amended to read:
196.3744 (3) (bm) Subject to s. 16.54 (2), the department commission may, after deducting the costs of administering the program under s. 16.26 196.3742, and within the limits of the availability of federal funds received under 42 USC 8621 to 8629, allocate and transfer from the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m) to the appropriation under s. 20.505 (1) (kn) 20.155 (3) (n), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the program under s. 16.26 196.3742.
****NOTE: This is reconciled s. 16.27 (3) (bm). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261/P4, LRB-1373/P1, and LRB-1517/P2.
SECTION 9. 16.27 (3) (e) 1. of the statutes is renumbered 16.27 (3) (bm) and amended to read:
16.27 (3) (bm) Allocate Subject to s. 16.54 (2), the department may, after deducting the costs of administering the program under s. 16.26, and within the limits of the availability of federal funds received under 42 USC 8621 to 8629, allocate and transfer from the appropriation under s. 20.505 (1) (mb) to the appropriation under s. 20.505 (1) (kn) (n), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the weatherization assistance program administered by the department under s. 16.26.
SECTION 10. 16.27 (3) (e) 3., 6. and 7. of the statutes are renumbered 16.27 (3) (am) 5. c., f. and g., and 16.27 (3) (am) 5. c., as renumbered, is amended to read:
16.27 (3) (am) 5. c. Except as provided under subd. 6. 5. f., allocate the balance of funds received under 42 USC 8621 to 8629 in a federal fiscal year, after making the allocations under pars. (c) and (d) and subd. 1. subds. 3. and 4. and par. (bm), for the payment of heating assistance or for the payment of crisis assistance under sub. (6).
****NOTE: This is reconciled s. 16.27 (3) (e) 3., 6., and 7. This SECTION has been affected by drafts with the following LRB numbers: LRB-1261/P4 and LRB-1517/P2.
SECTION 11. 16.27 (4) of the statutes is renumbered 196.3744 (4) and amended to read:
196.3744 (4) APPLICATION PROCEDURE. (a) A household may apply after September 30 and before May 16 of any year for heating assistance from the county department under s. 46.215 (1) (n) or 46.22 (1) (b) 4m. a. to e. or from another local governmental agency or a private nonprofit organization with which the department commission contracts to administer the heating assistance program, and shall have the opportunity to do so on a form prescribed by the department commission for that purpose.
(b) If by February 1 of any year the number of households applying under par. (a) substantially exceeds the number anticipated, the department commission may reduce the amounts of payments made under sub. (6) made after that date. The department commission may suspend the processing of additional applications received until the department commission adjusts benefit amounts payable.
SECTION 12. 16.27 (5) of the statutes, as affected by 2009 Wiconsin Act .... (this act), is renumbered 196.3744 (5).
****NOTE: This is reconciled s. 16.27 (5). This SECTION has been affected by drafts with the following LRB numbers: LRB-0967/1 and LRB-1261/P6.
SECTION 13. 16.27 (6) of the statutes is renumbered 196.3744 (6) and amended to read:
196.3744 (6) BENEFITS. Within the limits of federal funds allocated under sub. (3) and subject to the requirements of sub. subs. (4) (b) and s. 16.54 (2) (b) (6m), heating assistance shall be paid under this section according to a benefit schedule established by the department commission based on household income, family size and energy costs.
SECTION 14. 16.27 (7) of the statutes is renumbered 196.3744 (7).
SECTION 15. 16.27 (8) of the statutes is renumbered 196.3744 (8) and amended to read:
196.3744 (8) CRISIS ASSISTANCE PROGRAM. A household eligible for heating assistance under sub. (6) may also be eligible for a crisis assistance payment to meet a weather-related or fuel supply shortage crisis. The department commission shall define the circumstances constituting a crisis for which a payment may be made and shall establish the amount of payment to an eligible household or individual. The department commission may delegate a portion of its responsibility under this subsection to a county department under s. 46.215 or 46.22 or to another local governmental agency or a private nonprofit organization.
SECTION 16. 16.27 (9) of the statutes is renumbered 196.3744 (9) and amended to read:
196.3744 (9) NOTICE OF UTILITY DISCONNECTION REQUIRED. Any public utility, as defined in s. 196.01 (5), or any fuel distributor furnishing heat, light or power to a residential customer shall provide written notice of intent to disconnect or discontinue service during the months of November to April and shall include information concerning any federal, state or local program that provides assistance for fuel or home heating bills. The department commission shall provide printed information at no cost upon request to any fuel distributor serving residential customers except public utilities. The information shall describe the nature and availability of any federal, state or local program that provides assistance for fuel or home heating bills.
SECTION 17. 16.54 (2) (b) of the statutes is renumbered 196.3744 (6m) and amended to read:
196.3744 (6m) JOINT FINANCE REVISIONS. Upon presentation of proposed revisions by the department commission to the joint committee on finance of alternatives to the provisions under s. 16.27, the joint committee on finance may revise the eligibility criteria under s. 16.27 sub. (5) or benefit payments under s. 16.27 sub. (6), and the department commission shall implement those revisions. Benefits or eligibility criteria so revised shall take into account and be consistent with the requirements of federal regulations promulgated under 42 USC 8621 to 8629. If funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, the department shall submit to the joint committee on finance a plan for expenditure of the funds. The department may not use the funds unless the committee approves the plan.
SECTION 18. 16.957 (title) of the statutes is renumbered 196.3746 (title) and amended to read:
196.3746 (title) Low-income State low-income assistance.
SECTION 19. 16.957 (1) (intro.) of the statutes is renumbered 196.3746 (1) (intro.).
SECTION 20. 16.957 (1) (bm) of the statutes is repealed.
SECTION 21. 16.957 (1) (c) to (n) of the statutes are renumbered 196.3746 (1) (c) to (n).
SECTION 22. 16.957 (1) (o) of the statutes is renumbered 196.3746 (1) (o), and 196.3746 (1) (o) 1., as renumbered, is amended to read:
196.3746 (1) (o) 1. The total amount received by the department of administration for low-income funding under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 in fiscal year 1997-98.
SECTION 23. 16.957 (1) (p) and (q) of the statutes are renumbered 196.3746 (1) (p) and (q).
SECTION 24. 16.957 (1) (qm) of the statutes is repealed.
SECTION 25. 16.957 (1) (s) to (x) of the statutes are renumbered 196.3746 (1) (s) to (x).
SECTION 26. 16.957 (2) (intro.) of the statutes is renumbered 196.3746 (2) (intro.) and amended to read:
196.3746 (2) DEPARTMENT COMMISSION DUTIES. (intro.) In consultation with the council, the department commission shall do all of the following:
SECTION 27. 16.957 (2) (a) (intro.) of the statutes is renumbered 16.957 (2) (a) and amended to read:
16.957 (2) (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 not less than $75,000,000, or the amount determined under par. (d) 2m., is spent for weatherization and other energy conservation services:.
****NOTE: This is reconciled s. 16.957 (2) (a) (intro.). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261/P4 and LRB-1517/P2.
SECTION 28. 16.957 (2) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 196.3746 (2) (a) and amended to read:
196.3746 (2) (a) Low-income programs. After holding a hearing, establish programs to be administered by the department commission for awarding grants from the appropriation under s. 20.505 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 not less than $75,000,000, or the amount determined under par. (d) 2m., is spent for weatherization and other energy conservation services.
****NOTE: This is reconciled s. 16.957 (2) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261/P4 and LRB-1517/P2.
SECTION 29. 16.957 (2) (a) 1. to 4. of the statutes are repealed.
SECTION 30. 16.957 (2) (c) of the statutes is renumbered 196.3746 (2) (c).
SECTION 31. 16.957 (2) (d) of the statutes is renumbered 196.3746 (2) (d), and 196.3746 (2) (d) 4. a. and d., as renumbered, are amended to read:
196.3746 (2) (d) 4. a. The expenses of the department commission, other state agencies, and grant recipients in administering or participating in the programs under par. (a).
d. Any other issue identified by the department commission, council, governor, speaker of the assembly or majority leader of the senate.
SECTION 32. 16.957 (2) (d) 2m. of the statutes is created to read:
16.957 (2) (d) 2m. In fiscal years 2010-11 and 2011-12, increase the amount required to be spent on weatherization and other energy conservation services under par. (a) to reflect the increase in the cost of living, as determined by the department, that occurred during the previous fiscal year.
SECTION 33. 16.957 (2) (d) 2m. of the statutes, as created by 2009 Wisconsin Act .... (this act), is renumbered 196.3746 (2) (d) 2m. and amended to read:
196.3746 (2) (d) 2m. In fiscal years 2010-11 and 2011-12, increase the amount required to be spent on weatherization and other energy conservation services under par. (a) to reflect the increase in the cost of living, as determined by the department, commission that occurred during the previous fiscal year.
SECTION 34. 16.957 (3) of the statutes is renumbered 196.3746 (3) and amended to read:
196.3746 (3) CONTRACTS. The department commission shall, on the basis of competitive bids, contract with community action agencies described in s. 49.265 (2) (a) 1., nonstock, nonprofit corporations organized under ch. 181, or local units of government to provide services under the programs established under sub. (2) (a).
SECTION 35. 16.957 (4) (a), (am) and (b) of the statutes are renumbered 196.3746 (4) (a), (am) and (b), and 196.3746 (4) (a) and (b) (intro.), as renumbered, are amended to read:
196.3746 (4) (a) Requirement to charge low-income assistance fees. Each electric utility, except for a municipal utility, shall charge each customer a low-income assistance fee in an amount established in rules promulgated by the department commission under par. (b). An electric utility, except for a municipal utility, shall collect and pay the fees to the department commission in accordance with the rules promulgated under par. (b). The low-income assistance fees collected by an electric utility shall be considered trust funds of the department commission and not income of the electric utility.
(b) Rules. (intro.) In consultation with the council, the department commission shall promulgate rules that establish the amount of a low-income assistance fee under par. (a). Fees established in rules under this paragraph may vary by class of customer, but shall be uniform within each class, and shall satisfy each of the following:
SECTION 36. 16.957 (4) (c) (intro.) of the statutes is renumbered 196.3746 (4) (c) (intro.).
SECTION 37. 16.957 (4) (c) 1. of the statutes is renumbered 196.3746 (4) (c) 1. and 196.3746 (4) (c) 1. (intro.), as renumbered, is amended to read:
196.3746 (4) (c) 1. 'Low-income funding from fee.' In each fiscal year, the low-income assistance fee shall be an amount that, when added to the sum of the following shall equal the low-income need target for that fiscal year determined by the department commission under sub. (2) (d) 1.:
SECTION 38. 16.957 (4) (c) 3. (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 196.3746 (4) (c) 3. (intro.).
****NOTE: This is reconciled s. 16.957 (4) (c) 3. (intro.). This SECTION has been affected by drafts with the following LRB numbers: LRB-0951/P3 and LRB-1261/P4.
SECTION 39. 16.957 (4) (c) 3. of the statutes is renumbered 16.957 (4) (c) 3. (intro.) and amended to read:
16.957 (4) (c) 3. 'Limitation on low-income assistance fees.' (intro.) In any month, the low-income assistance fee may not exceed 3% of the total of every other charge for which the customer is billed for that month or $750 or the sum of the following, whichever is less.:
****NOTE: This is reconciled s. 16.957 (4) (c) 3. This SECTION has been affected by drafts with the following LRB numbers: LRB-0951/P3 and LRB-1261/P4.
SECTION 40. 16.957 (4) (c) 3. a. of the statutes is created to read:
16.957 (4) (c) 3. a. Three percent of the total of every other charge for which the customer is billed for that month.
SECTION 41. 16.957 (4) (c) 3. a. of the statutes, as created by 2009 Wisconsin Act .... (this act), is renumbered 196.3746 (4) (c) 3. a.
SECTION 42. 16.957 (4) (c) 3. b. of the statutes is created to read:
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:
