AB68: Bill Text

AB68,1298,11 (4) Beginning 30 days after providing notice under sub. (3), an electric provider may record a memorandum in the office of the register of deeds of a county in which property subject to an easement used for a purpose under sub. (2) (a) is located. The electric provider shall include all of the following in the memorandum:

AB68,1298,12 (a) One of the following:

AB68,1298,13 1. If the easement is recorded, recording information for the easement.

AB68,1298,15 2. If the easement is unrecorded or a prescriptive easement under s. 893.28 (2), the legal description of the parcel subject to the easement.

AB68,1298,16 (b) A reference to this section.

AB68,1298,18 (c) A statement that the electric provider may use the easement for a purpose under sub. (2) (a).

AB68,1298,21 (d) A statement that terms or conditions of the easement that inhibit the electric provider from using the easement for a purpose under sub. (2) (a) do not apply.

AB68,1298,24 (5) (a) In this subsection, “owner” means an owner of or other person holding an interest in real property subject to an easement used for a purpose under sub. (2) (a).

AB68,1299,6 (b) 1. If an owner provides an electric provider, a subsidiary of an electric provider, or a supplier of broadband services with an appraisal performed by an appraiser licensed under ch. 458 comparing the fair market value of the owner's real property interest immediately before and after an easement on the property is used for a purpose under sub. (2) (a), the electric provider, subsidiary, or supplier of broadband services shall do one of the following within 30 days:

AB68,1299,8 a. Pay the owner the amount of damages identified in the appraisal provided by the owner.

AB68,1299,16 b. Notify the owner that it disputes the appraisal. If an electric provider, subsidiary, or supplier of broadband services disputes the appraisal provided by the owner under this subd. 1. b., the electric provider, subsidiary, or supplier of broadband services shall within 90 days provide the owner with an appraisal performed by an appraiser licensed under ch. 458 comparing the fair market value of the owner's real property interest immediately before and after an easement on the property is used for a purpose under sub. (2) (a). The owner shall make reasonable accommodations for performance of the appraisal under this subd. 1. b.

AB68,1299,23 2. If an owner who receives an appraisal under subd. 1. b. from an electric provider, subsidiary, or supplier of broadband services provides to the electric provider, subsidiary, or supplier of broadband services written notice accepting the appraisal or does not bring an action under par. (d) within 30 days of receiving the appraisal, the electric provider, subsidiary, or supplier of broadband services shall promptly remit payment to the owner for the difference in the fair market value of the owner's real property interest identified in the appraisal.

AB68,1300,2 (c) An owner may not bring an action against an electric provider, a subsidiary of an electric provider, or a supplier of broadband services for damages from a decrease in the value of the owner's interest in real property due to the use of an easement for a purpose under sub. (2) (a) except as provided under this subsection.

AB68,1300,7 (d) An owner may bring an action under this subsection against an electric provider, a subsidiary of an electric provider, or a supplier of broadband services for damages from a decrease in the value of the owner's interest in real property due to the use of an easement for a purpose under sub. (2) (a) only if all of the following apply:

AB68,1300,12 1. The owner provides an appraisal under par. (b) 1. to the electric provider, subsidiary, or supplier of broadband services within one year after the date that the owner receives notice under sub. (3) or, if the owner receives no notice under sub. (3), within one year after the date that a memorandum referring to an easement that applies to the property is recorded under sub. (4).

AB68,1300,15 2. The owner brings the action within 30 days after receiving an appraisal from the electric provider, subsidiary, or supplier of broadband services under par. (b) 1. b.

AB68,1300,23 (e) The maximum recovery under this subsection may not exceed the difference between the fair market value of the owner's real property interest immediately before an easement on the property is used for a purpose under sub. (2) (a) and the fair market value of the owner's real property interest immediately after an easement on the property is used for a purpose under sub. (2) (a). Evidence of revenues, profits, or fees received by an electric provider, a subsidiary of an electric provider, or a supplier of broadband services shall not be admissible as evidence in any proceeding or action under this subsection.

AB68,2395 Section 2395 . 185.983 (1) (intro.) of the statutes is amended to read:

AB68,1301,8 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (2) to (6), 632.871, 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB68,2396 Section 2396 . 185.983 (1) (intro.) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 2395 , is amended to read:

AB68,1301,18 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.728, 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (2) to (6), 632.871, 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB68,2397 Section 2397 . 185.983 (1) (intro.) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 2396 , is amended to read:

AB68,1302,3 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.728, 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (2) to (6), 632.871, 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB68,2398 Section 2398 . 194.025 of the statutes is amended to read:

AB68,1302,8 194.025 Discrimination prohibited. No motor carrier may engage in any practice, act or omission which results in discrimination on the basis of race, creed, sex or, national origin, or status as a holder or nonholder of a license under s. 343.03 (3r).

AB68,2399 Section 2399. 196.01 (5) (b) 8. of the statutes is created to read:

AB68,1302,12 196.01 (5) (b) 8. A person who supplies electricity through the person's electric vehicle charging station to users' electric vehicles, if the person does not otherwise directly or indirectly provide electricity to the public.

AB68,2400 Section 2400. 196.025 (1h) of the statutes is created to read:

AB68,1302,16 196.025 (1h) Social cost of carbon emissions. (a) In this subsection, “social cost of carbon” means a measure of the economic harms and other impacts expressed in dollars that result from emitting one ton of carbon dioxide into the atmosphere.

AB68,1303,2 (b) In consultation with the department of natural resources, the commission shall evaluate and set the social cost of carbon and shall evaluate and adjust as necessary that dollar amount every 2 years. The evaluations shall use integrated assessment models and consider appropriate discount rates. Any adjustment shall be consistent with the international consensus on the social cost of carbon. No later than December 31, 2021, and no later than December 31 every odd-numbered year thereafter, the commission shall submit to the appropriate standing committees of the legislature under s. 13.172 (3) a report that describes the commission's evaluation and, if the commission adjusts the previously set dollar amount, specifies the social cost of carbon as adjusted by the commission.

AB68,1303,4 (d) The commission shall consider the social cost of carbon in determining whether to issue certificates under ss. 196.49 and 196.491 (3).

AB68,2401 Section 2401. 196.025 (8) of the statutes is created to read:

AB68,1303,12 196.025 (8) Model ordinance for repaying local governments for certain improvements. The commission shall develop and make available a model ordinance that addresses political subdivisions, as defined in s. 66.0627 (1) (b), making loans or entering into agreements for making or installing energy efficiency improvements, as defined in s. 66.0627 (1) (am), water efficiency improvements, as defined in s. 66.0627 (1) (d), or renewable resource applications to premises under s. 66.0627 (8).

AB68,2402 Section 2402. 196.027 (1) (d) 3. of the statutes is created to read:

AB68,1303,15 196.027 (1) (d) 3. The retiring of any existing electric generating facility fueled by nonrenewable combustible energy resources.

AB68,2403 Section 2403. 196.027 (1) (f) of the statutes is amended to read:

AB68,1303,25 196.027 (1) (f) “Environmental control cost" means capital cost, including capitalized cost relating to regulatory assets, incurred or expected to be incurred by an energy utility in undertaking an environmental control activity and, with respect to an environmental control activity described in par. (d) 2. or 3., includes the unrecovered value of property that is retired, including any demolition or similar cost that exceeds the salvage value of the property. “Environmental control cost" does not include any monetary penalty, fine, or forfeiture assessed against an energy utility by a government agency or court under a federal or state environmental statute, rule, or regulation.

AB68,2404 Section 2404. 196.218 (5) (a) 5. of the statutes is amended to read:

AB68,1304,6 196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.971 (13) to (16) to the extent that these costs are not paid under s. 16.997 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under s. 16.997 (2r) (a).

AB68,2405 Section 2405. 196.218 (5) (a) 10. of the statutes is amended to read:

AB68,1304,9 196.218 (5) (a) 10. To make broadband expansion grants and administer the program under s. 196.504 (2).

AB68,2406 Section 2406. 196.31 (1) (intro.) of the statutes is amended to read:

AB68,1304,14 196.31 (1) (intro.) In Except as provided in sub. (2m), in any proceeding before the commission, the commission shall compensate any participant in the proceeding who is not a public utility, for some or all of the reasonable costs of participation in the proceeding if the commission finds that:

AB68,2407 Section 2407. 196.31 (2m) of the statutes is repealed and recreated to read:

AB68,1304,18 196.31 (2m) The commission may grant no more than $100,000 annually in compensation under this section to the consumer advocate, as defined in s. 196.315 (2) (a).

AB68,2408 Section 2408. 196.31 (2r) of the statutes is created to read:

AB68,1304,22 196.31 (2r) From the appropriation under s. 20.155 (1) (j), the commission shall reserve $50,000 annually to compensate equity-focused participants who review economic and environmental issues impacting low-income populations.

AB68,2409 Section 2409. 196.315 of the statutes is created to read:

AB68,1305,5 196.315 Consumer advocate funding. (1) Legislative statement of intent and purpose. It is in the public interest that there be an independent, nonpartisan consumer advocate for residential, small commercial, and small industrial energy utility consumers of this state and that the advocate be sufficiently funded by those customers to allow for the representation and protection of their interests before the commission and other venues. All actions by the advocate funded under this section shall be directed toward such duty.

AB68,1305,6 (2) Definitions. In this section:

AB68,1305,8 (a) “Consumer advocate” means the body created under s. 199.04 (1), dissolved under s. 199.17, and reorganized as a nonstock, nonprofit corporation under ch. 181.

AB68,1305,10 (b) “Energy utility” means an investor-owned electric or natural gas public utility.

AB68,1305,11 (c) “Municipal utility” has the meaning given in s. 196.377 (2) (a) 3.

AB68,1305,16 (3) Funding. (a) Annually, within 60 days after a budget under sub. (5) is approved, each energy utility shall pay to the consumer advocate the amount specified under sub. (5) (e). In any year, the total of all amounts required to be paid by energy utilities to the consumer advocate under this subsection may not exceed $900,000.

AB68,1305,17 (b) The funds provided under par. (a) may not be used for any of the following:

AB68,1305,18 1. Lobbying, as defined in s. 13.62 (10).

AB68,1305,20 2. Defraying the cost of participating in proceedings involving rates or practices of municipal utilities and no other public utilities.

AB68,1305,23 (c) The consumer advocate shall retain all relevant records supporting its expenditure of funds provided under par. (a) for 3 years after receipt of the funds and shall grant the commission access to the records upon request.

AB68,1306,2 (4) Cost recovery. (a) Rate-making orders. The commission shall ensure in rate-making orders that an energy utility recovers from its residential, small commercial, and small industrial customers the amounts the energy utility pays under sub. (3) (a).

AB68,1306,4 (b) Accounting. The commission shall apply escrow accounting treatment to expenditures required under this section.

AB68,1306,6 (5) Budget review; approval. (a) The commission shall review the budgeting and expenditure of funds provided to the consumer advocate under sub. (3) (a).

AB68,1306,12 (b) Annually, by a date specified by the commission, the consumer advocate shall file for the commission's approval an annual budget as approved by the consumer advocate's board of directors. The commission may request additional information from the consumer advocate related to the budget, and may consider any relevant factors, including existing operating reserves and actual costs in prior years compared to the budgets approved by the commission.

AB68,1306,20 (c) The commission shall approve a budget filed under this subsection if the commission determines it is consistent with sub. (1) and covers the reasonable annual costs of the consumer advocate, including salaries, benefits, overhead expenses, the maintenance of an operating reserve, and any other cost directly or indirectly related to representing and protecting the interests of residential, small commercial, and small industrial energy utility customers. The commission may approve the budget with such conditions and modifications as the commission determines are necessary.

AB68,1306,23 (d) If the commission fails to take final action under par. (c) within 60 days after a budget is filed with the commission, the commission is considered to have approved the budget that was submitted by the consumer advocate.

AB68,1307,3 (e) Subject to sub. (3) (a), the total amount of the approved budget shall be paid to the consumer advocate by the energy utilities. Each energy utility's share of the total amount shall be based on the energy utility's proportionate share of the total number of residential, small commercial, and small industrial customer meters reported by energy utilities under s. 196.07 (1).

AB68,2410 Section 2410. 196.374 (1) (gm) of the statutes is created to read:

AB68,1307,6 196.374 (1) (gm) “Low-income household” has the meaning given in s. 16.957 (1) (m).

AB68,2411 Section 2411. 196.374 (2) (a) 1. of the statutes is amended to read:

AB68,1307,15 196.374 (2) (a) 1. The energy utilities in this state shall collectively establish and fund statewide energy efficiency and renewable resource programs , including programs for low-income households. The energy utilities shall contract, on the basis of competitive bids, with one or more persons to develop and administer the programs. The utilities may not execute a contract under this subdivision unless the commission has approved the contract. The commission shall require each energy utility to spend the amount required under sub. (3) (b) 2. to fund statewide energy efficiency and renewable resource programs.

AB68,2412 Section 2412. 196.374 (2) (a) 2. f. of the statutes is created to read:

AB68,1307,20 196.374 (2) (a) 2. f. Components to promote energy efficiency and renewable energy measures for low-income households in this state and initiatives and market strategies to address the energy needs and decrease the energy burden of low-income households.

AB68,2413 Section 2413. 196.374 (2) (a) 2m. of the statutes is created to read:

AB68,1308,2 196.374 (2) (a) 2m. The programs under this paragraph may include activities advertising the availability of loans under s. 66.0627 (8) for making or installing energy efficiency improvements, as defined in s. 66.0627 (1) (am), water efficiency improvements, as defined in s. 66.0627 (1) (d), or renewable resource applications to premises.

AB68,2414 Section 2414. 196.374 (3) (b) 1. of the statutes is amended to read:

AB68,1308,13 196.374 (3) (b) 1. At least every 4 years, after notice and opportunity to be heard, the commission shall, by order, evaluate the energy efficiency and renewable resource programs under sub. (2) (a) 1., (b) 1. and 2., and (c) and ordered programs and set or revise goals, priorities, and measurable targets for the programs. The commission shall give priority to programs that moderate the growth in electric and natural gas demand and usage, facilitate markets and assist market providers to achieve higher levels of energy efficiency, promote energy reliability and adequacy, promote energy efficiency and renewable energy measures for low-income households, avoid adverse environmental impacts from the use of energy, and promote rural economic development.

AB68,2415 Section 2415. 196.374 (3) (b) 2. of the statutes is amended to read:

AB68,1308,20 196.374 (3) (b) 2. The commission shall require each energy utility to spend 1.2 2.4 percent of its annual operating revenues derived from retail sales to fund the utility's programs under sub. (2) (b) 1., the utility's ordered programs, the utility's share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility's share, as determined by the commission under subd. 4., of the costs incurred by the commission in administering this section.

AB68,2416 Section 2416. 196.374 (3) (f) 5. of the statutes is created to read:

AB68,1308,24 196.374 (3) (f) 5. Minimum requirements for energy efficiency and renewable resource programs under sub. (2) (a) 1. for low-income households and eligibility requirements for programs for low-income households.

AB68,2417 Section 2417. 196.376 of the statutes is created to read:

AB68,1309,6 196.376 Residential energy improvement program. The commission may establish and implement a program under which a public utility may finance energy improvements at a specific dwelling and recover the cost of those improvements over time through a surcharge periodically placed on the public utility's customer account for that dwelling. If the commission establishes such a program, it shall promulgate rules to implement the program.

AB68,2418 Section 2418. 196.379 of the statutes is created to read:

AB68,1309,9 196.379 Voluntary innovative technology programs. (1) In this section, “energy utility” has the meaning given in s. 196.374 (1) (e).

AB68,1309,13 (2) (a) An energy utility may, with commission approval, administer or fund a voluntary innovative technology program. An energy utility may pay for a program under this subsection through rate charges to customers of the energy utility, as approved by the commission, or by another method approved by the commission.

AB68,1309,15 (b) The commission shall promulgate rules related to implementing a program under this subsection.

AB68,1309,20 (c) Upon approving a program under this subsection, the commission shall establish an initial pilot period for the program and a timeline for reevaluating the program. The commission shall reevaluate a program under this subsection according to the timeline established under this paragraph and shall set or revise goals, priorities, and measurable targets for the program.