AB68: Bill Text

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AB68,2407 Section 2407. 196.31 (2m) of the statutes is repealed and recreated to read: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

AB68,1309,22 (d) The commission may not order an energy utility to administer or fund a program under this subsection.

AB68,1309,25 (e) An energy utility that administers or funds a program under this subsection may request at any time, and the commission may approve an energy utility's request, to modify or discontinue, in whole or in part, the program.

AB68,2419 Section 2419. 196.491 (3g) (a) of the statutes is amended to read:

AB68,1310,9 196.491 (3g) (a) A person who receives a certificate of public convenience and necessity for a high-voltage transmission line that is designed for operation at a nominal voltage of 345 kilovolts or more under sub. (3) shall pay the department of administration commission an annual impact fee as specified in the rules promulgated by the department of administration commission under s. 16.969 196.492 (2) (a) and shall pay the department of administration commission a one-time environmental impact fee as specified in the rules promulgated by the department of administration commission under s. 16.969 196.492 (2) (b).

AB68,2420 Section 2420. 196.504 (1) (ac) 4. of the statutes is created to read:

AB68,1310,12 196.504 (1) (ac) 4. A political subdivision that is underserved or that is located in an unserved area.

AB68,2421 Section 2421. 196.504 (2) (a) of the statutes is amended to read:

AB68,1310,17 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d). Grants awarded under this section subsection shall be paid from the appropriations under s. 20.155 (3) (a), (r), and (rm).

AB68,2422 Section 2422. 196.504 (2) (b) of the statutes is amended to read:

AB68,1310,23 196.504 (2) (b) To prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section subsection. The application shall require the applicant to identify the area of the state that will be affected by the proposed project and explain how the proposed project will increase broadband access.

AB68,2423 Section 2423. 196.504 (2) (c) of the statutes is amended to read:

AB68,1311,17 196.504 (2) (c) To establish criteria for evaluating applications and awarding grants under this section subsection. The criteria shall prohibit grants that have the effect of subsidizing the expenses of a provider of telecommunications service, as defined in s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria shall give priority to projects that include matching funds, that involve public-private partnerships, that affect unserved areas, that are scalable, that promote economic development, that will not result in delaying the provision of broadband service to areas neighboring areas to be served by the proposed project, or that affect a large geographic area or a large number of underserved individuals or communities. When evaluating grant applications under this section subsection, the commission shall consider the degree to which the proposed projects would duplicate existing broadband infrastructure, information about the presence of which is provided to the commission by the applicant or another person within a time period designated by the commission; the impacts of the proposed projects on the ability of individuals to access health care services from home and the cost of those services; and the impacts of the proposed projects on the ability of students to access educational opportunities from home.

AB68,2424 Section 2424. 196.504 (2g) of the statutes is created to read:

AB68,1311,20 196.504 (2g) The commission shall administer the broadband connector program and shall have the following powers:

AB68,1312,3 (a) To make broadband planning grants to political subdivisions, school districts, tribal governments, regional planning commissions, nonprofit organizations, and local economic development organizations for broadband planning, feasibility engineering related to broadband infrastructure construction, broadband adoption planning, and digital inclusion activities. The amount of a broadband planning grant under this subsection may not exceed $50,000. Grants awarded under this subsection shall be paid from the appropriations under s. 20.155 (1) (c).

AB68,1312,5 (b) To provide training, technical assistance, and information on broadband infrastructure construction, broadband adoption, and digital inclusion.

AB68,2425 Section 2425. 196.504 (2r) of the statutes is created to read:

AB68,1312,8 196.504 (2r) The commission shall administer the line extension assistance program and shall have the following powers:

AB68,1312,14 (a) To make financial assistance grants to residents of properties that are not served by a broadband service provider to assist in paying the customer costs associated with line extension necessary to connect broadband service to the properties. The amount of a financial assistance grant under this subsection may not exceed $4,000. Grants awarded under this subsection shall be paid from the appropriations under s. 20.155 (1) (c).

AB68,1312,17 (b) To establish criteria for evaluating applications and awarding financial assistance grants under this subsection. The criteria shall give priority to properties that serve as a primary residence.

AB68,2426 Section 2426. 196.504 (3) (d) of the statutes is created to read:

AB68,1312,23 196.504 (3) (d) 1. Require each Internet service provider to disclose to the commission by April 1 of each year the properties it serves, the average minimum download and upload speeds at which it provides residential and business Internet service to those properties, and a description of its existing service area in a format determined by the commission.

AB68,1313,3 2. Use the information disclosed under subd. 1. to conduct broadband mapping and facilitate the deployment of broadband infrastructure and access to broadband service.

AB68,1313,8 3. Notwithstanding s. 19.35, the commission shall withhold from public inspection any information disclosed to the commission under subd. 1. that would aid a competitor of an Internet service provider in competing with the Internet service provider if the commission determines that public disclosure is not necessary to accomplish the purposes under subd. 2.

AB68,2427 Section 2427. 196.5048 of the statutes is created to read:

AB68,1313,11 196.5048 Internet service provider registration. No person may provide Internet service in this state unless the person registers with the commission.

AB68,2428 Section 2428. 196.745 (2) (a) of the statutes is amended to read:

AB68,1313,19 196.745 (2) (a) Any person violating sub. (1) (a), or any order or rule issued under sub. (1) (a), shall forfeit an amount not exceeding $25,000 $200,000. Each day of violation is a separate violation of sub. (1) (a). No person may forfeit an amount exceeding $500,000 $2,000,000 for a single persisting violation of sub. (1) (a) or any order or any rule issued under sub. (1) (a). The commission shall remit all forfeitures paid under this paragraph to the secretary of administration for deposit in the school fund.

AB68,2429 Section 2429. 198.06 (5) (a) of the statutes is amended to read:

AB68,1313,24 198.06 (5) (a) The board of canvassers shall cause a certified copy of the order declaring the result of the election to be filed in the office of the secretary of state administration. A certified copy of the order shall also be filed with the clerk of each municipality included in the district, with the county clerk, and with the commission.

AB68,2430 Section 2430. 198.06 (5) (b) of the statutes is amended to read:

AB68,1314,10 198.06 (5) (b) If the district as finally constituted comprises a smaller area than originally proposed because of the failure of one or more municipalities to approve the district at the election, the commission shall, within 10 days following the filing of the order under par. (a) with the commission, file its approval or disapproval of the district as created by the election with the secretary of state administration, the clerk of each municipality included in the district and the county clerk. If the commission approves, upon the filing of the approval the creation and incorporation of the district shall be considered complete. If the commission disapproves, the district shall be considered dissolved. Except as provided in par. (c), the approval or disapproval of the commission shall be final.

AB68,2431 Section 2431. 198.06 (5) (d) of the statutes is amended to read:

AB68,1314,15 198.06 (5) (d) If a district has been approved by all of the municipalities within the district as proposed, the creation and incorporation of the district shall be considered complete upon the filing of the result of the election with the secretary of state administration by the board of canvassers.

AB68,2432 Section 2432. 198.06 (7) of the statutes is amended to read:

AB68,1314,24 198.06 (7) Informalities disregarded, limitation of action to test validity of district. No informality in any proceeding or in the conduct of the election, not substantially affecting adversely the legal rights of any citizen, shall be held to invalidate the creation of any district, and any proceedings wherein the validity of the creation is denied shall be commenced within 3 months from the date of filing the order of the board of canvassers with the secretary of state administration, otherwise the creation and the legal existence of the district shall be held to be valid and in every respect legal and incontestable.

AB68,2433 Section 2433. 198.08 (3) of the statutes is amended to read:

AB68,1315,7 198.08 (3) Appointment, vote by municipal executive officers. In the selection of a director for a subdistrict each chief executive shall have one vote for each 1,000 voters within that chief executive's municipality, or the part of the municipality that is located in the subdistrict. A three-fourths vote shall be necessary for the selection of a director. The result of the selection of the director shall be certified to by the chairperson and clerk of the meeting and immediately filed with the secretary of state administration and the clerk of each municipality in the district.

AB68,2434 Section 2434. 198.20 (2) of the statutes is amended to read:

AB68,1315,16 198.20 (2) The election, and all matters pertaining to the election not otherwise provided for in this section, shall be held and conducted and the result ascertained and declared in accordance with s. 198.06 (3) and (4). The ordinance and the result of the referendum shall be certified to the secretary of state administration. After certification, the consolidation shall be considered complete. Consolidation shall not affect the preexisting rights or liabilities of any power districts and actions on those rights and liabilities may be commenced or completed as though no consolidation had been effected.

AB68,2435 Section 2435. 198.22 (7) of the statutes is amended to read:

AB68,1316,2 198.22 (7) Boundaries. Immediately upon the organization of the board of directors the clerk shall cause to be recorded in the office of the register of deeds of each county in which any part of said district is located, and shall file with the secretary of state administration, the department of natural resources, the governor and the clerk of each town, city or village, wholly or partly within the district, a certified copy of the boundaries of the district as set forth in the notice of election pursuant to sub. (3) or as thereafter amended. Thereafter, in any proceeding wherein the boundaries of the district are concerned, it shall be sufficient in describing said boundaries to refer to such record of such description.

AB68,2436 Section 2436. 200.25 (5) of the statutes is amended to read: