16.957 (1) to (4), Stats.
Explanation of agency authority
Under s.
16.957 (2) (c), Stats., the Department of Administration is required to promulgate rules for state low-income assistance programs.
Related statute or rule
None
Plain language analysis
1999 Wisconsin Act 9 included major provisions relating to aspects of electric utility regulation, commonly referred to as “Reliability 2000." That legislation created a new statutory framework within which public benefit programs relating to low-income energy assistance and energy conservation and renewable energy were continued and expanded.
2005 Wisconsin Act 141 revised many of the provisions of the earlier Act 9 and transferred responsibility and funding for energy conservation and renewable programs to non-municipal electric utilities under supervision of the Public Service Commission. However, low income assistance programs for non-municipal electric utility customers were not changed and continue to be funded as they have been and remain the responsibility of the Department of Administration. The proposed rule revisions remove “public benefits" terminology to clarify that the rule applies only to the low-income assistance program in compliance with
2005 Wisconsin Act 141
The proposed amendments also change the term “secured correctional facility" to “juvenile correctional facility" as amended in
2005 Wisconsin Act 344 (s.
938.02(10p), Stats.).
Lastly, the amendment removes the requirement that the department consult with the Council on Utility Public Benefits prior to announcing new or continued low-income assistance programs. This requirement is redundant to that already stated in s.
16.957(2) intro., Stats.
Comparison with federal regulations
No known existing or proposed federal regulations comparable to the proposed rules.
Comparison with rules in adjacent states
Each of the four states adjacent to Wisconsin operates programs that provide assistance to low-income households that face difficulty dealing with utility bills. In general, these programs implement federally mandated and funded programs. While the programs differ substantially between states in the details of their structure, each has promulgated rules governing the programs.
• Title 89 of the Illinois Administrative Code, Chapter
1, Subchapter b, Part 109 addresses the low-income home energy assistance program. Included in this rule are subparts B & C which govern the energy assistance or bill payment program and the weatherization program respectively.
• Michigan Administrative Rule 400.7001 – 7049 governs the “State Emergency Relief Program" which includes provisions for assistance with utility charges.
• Iowa Administrative Code [427], Chapter
5 establishes the eligibility, method of administration, and hearing and appeals provision of the Weatherization Assistance Program. IAC [427] Chapter
10 establishes similar provisions for the Low Income Energy Assistance Program. Additionally, Iowa has created the Affordable Heating Program under IAC 427 Chapter
11 to provide energy assistance in addition to the federal low income energy assistance program for households whose incomes falls below 110% of the federal poverty income guidelines rather than the 150% limit for the Low Income Assistance Program.
• Minnesota Rule 3300.0800 – 3300.1900 establishes the procedures for operation of the Minnesota weatherization program.
Summary of factual data and analytical methodologies
The department relied on the following sources to draft the proposed rules or to determine the impact on small businesses:
• 2005 Wisconsin Act 141 transferred the energy assistance and renewable energy responsibilities to the Public Service Commission. The proposed rule amendments remove references to the “public benefits" programs to comply with
2005 Wisconsin Act 141. There are no new reporting requirements or operational standards resulting from the proposed rule amendments.
Analysis and supporting documents used to determine effect on small business
The proposed rules will have no effect on small businesses. The proposed amendments revise terminology to comply with recent statutory changes.
Agency Contact Person
Donna Sorenson
Department of Administration
101 E. Wilson Street
Madison, WI 53707-7864
608-266-2887
Submission of Written Comments
Comments may be submitted to the agency contact person that is listed above and via the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov by January 15, 2008.
Initial Regulatory Flexibility Analysis:
Pursuant to s.
227.114, Stats., the rule amendments herein are not expected to negatively impact on small businesses.
Fiscal Effect
None.
Text of Rule
SECTION 1. Adm 45 (title), 45.01 and 45.02 are amended to read:
LOW-INCOME ASSISTANCE PUBLIC BENEFITS
Adm 45.01 Authority. Sections
16.004 (1) and
16.957 (2) (c) 2., Stats., authorize the department to promulgate rules for low-income assistance
public benefits programs.
Adm 45.02 Purpose. The purpose of this chapter is to establish general eligibility and application requirements and procedures for assistance under a low-income
public benefits assistance program established under s.
16.957 (2) (a), Stats.
SECTION 2. Adm 45.03(2) and (3) are amended to read:
45.03 (2) “Benefit" means an award of financial or other assistance by the department or a contractor designated by the department to an eligible household under a public benefits low-income assistance program.
45.03 (3) “Contractor" means a community action agency described in s.
46.30 (2) (a) 1., Stats., a nonstock, nonprofit corporation organized under ch.
181, Stats., or a local unit of government under contract with the department that provides services under a
public benefits low-income assistance program.
SECTION 3. Adm 45.03 (6) is amended to read:
45.03 (6) “Low income
public benefits assistance program" means a program established in accordance with s.
16.957 (2) (a), Stats.
SECTION 4. Adm 45.03 (9) is amended to read:
45.03 (9) “
Secured Juvenile correctional facility" has the meaning specified in s.
938.02(15m) (10p), Stats.
SECTION 5. Adm 45.04 (1) and (2) are amended to read:
Adm 45.04 Eligibility requirements. (1) A person or household eligible to receive fuel bill payment assistance, early identification crisis assistance, weatherization or conservation services, and similar low-income assistance from federally funded programs specified in ss.
16.26 and
16.27, Stats., shall be eligible for assistance through a low-income
public benefits assistance program.
45.04 (2) The following are not eligible for assistance under a low-income public benefits assistance program:
SECTION 6. Adm 45.04 (2) (b) is amended to read:
45.04 (2) (b) A person who is imprisoned in a state prison or a person placed at a secure juvenile correctional facility or a secured child caring institution.
SECTION 7. Adm 45.05 and 45.06 (1) are amended to read:
Adm 45.05 Program elements.
In consultation with the council on utility public benefits, the The department shall annually announce new or continued programs offered by the department that will provide low-income assistance. The department shall also provide specific information on the application process, where to obtain an application, the eligibility criteria, and where to file the application for each program created or continued under s.
16.957 (2) (a), Stats.
Adm 45.06 Application requirements. (1) A person or household may apply for a benefit from a low-income public benefits assistance program by completing an application on forms prescribed by the department. At a minimum an application shall contain the names and ages of all household members, residence address, actual or estimated fuel use, documentation of income, the names of home energy providers and the social security number of the head-of-household.
Notice of Proposed Rulemaking
Administration
NOTICE IS HEREBY GIVEN that under
2005 Wisconsin Act 141, the Department of Administration proposes to repeal Chapter
Adm 44 of the Wisconsin Administrative Code relating to energy conservation and efficiency and renewable resource programs. Because the repeal of Ch.
Adm 44 is in conformity with
2005 Wisconsin Act 141, the Department, under s.
227.16 (2) (b), will not hold a public hearing concerning this matter.
Analysis Prepared by the Department of Administration
Plain language analysis
2005 Wisconsin Act 141 amended s.
16.957, Stats., to exclude energy conservation and efficiency and renewable resource programs from Department duties effective July 1, 2007. The proposed elimination of Chapter
Adm 44 complies with
2005 Wisconsin Act 141 that transferred all the responsibilities governed by the rule to the Public Service Commission effective July 1, 2007. Separately, the Public Service Commission has developed a rule to fulfill its new responsibilities. The proposed rule repeal brings an existing rule into conformity with a statute that has been changed to no longer require the Department's involvement in the energy conservation and efficiency and renewal resource programs. Therefore, pursuant to s.
227.16(2)(b), Stats., the Department will not hold public hearings regarding this rule.
Comparison with federal regulations
No known existing or proposed federal regulations comparable to the proposed rules.
Comparison with rules in adjacent states
Each of the four states adjacent to Wisconsin operates energy efficiency and renewable energy programs, albeit with substantial variation in strategies and methods.
• The Minnesota Department of Commerce operates the “conservation improvement program" under Minnesota Rule, Chapter 7690. This rule specifies the “procedures to be followed by public utilities in submitting, and by the department [of Commerce] in analyzing and selecting, proposals for conservation improvement programs and to provide for the participation of other interested persons in developing conservation improvement programs." Minnesota Rule, Chapter 7635 establishes the requirements for “Major regulated utilities to offer their residential utility customers services related to the promotion of energy conservation." This is similar to the Wisconsin system, effective July 2007, that requires utilities to develop and deliver energy efficiency and renewable energy programs subject to oversight by a state agency.
• The Iowa Utilities Board, under the Iowa Department of Commerce, oversees energy efficiency and renewable programs under several administrative rules. The Iowa Administrative Code (IAC) [199] Chapter
28 – Iowa Supplemental Energy Conservation Plan covers a voluntary plan for the “small- to medium-sized energy suppliers." IAC [199] Chapter
35 provides implementation governance for gas and electric utilities required by statute to be rate-regulated and to provide the (Iowa Utilities) board the necessary information to review each utilities assessment of potential, to develop specific capacity and energy savings performance standards for each utility and to evaluate the appropriateness of each utility's energy efficiency plan. IAC [199] Chapter
36 requires that “Each non-rate regulated gas and electric utility shall file energy efficiency plans
…" Lastly, IAC [565] Chapter
18 establishes the State Energy Program under the Environmental Services Division of the Department of Natural Resources.
• The Michigan Low Income and Energy Efficiency Fund is overseen by the Michigan Public Service Commission in the Department of Labor and Economic Growth, generally through Commission orders. Funding is through the utility rate base. Michigan Rule 460.2401 – 2414 provides standards to be followed by public utilities that choose to deliver residential conservation programs. Unlike Wisconsin, Michigan does not mandate that the state's utilities provide energy efficiency programs.
• The Illinois Department of Commerce and Economic Development operates energy efficiency and renewable energy programs in that state. There are no rules governing the efficiency programs. Illinois Admin. Code Title 86 Revenue, Part 517 provides rules by which the Department of Revenue collects a Renewable Energy Resources and Coal Technology Development Assistance Charge. Half of this charge is used to fund a Renewable Energy Resources Trust Fund administered by the Department of Commerce and Economic Opportunity. Illinois Administrative Code Title 32, Energy, Chapter
1, Part 130 covers the Illinois Renewable Fuels Development Program.
Agency Contact Person
Donna Sorenson
Department of Administration
101 E. Wilson Street
Madison, WI 53707-7864
608-266-2887
Submission of Written Comments
Comments may be submitted to the agency contact person listed above and via the Wisconsin Administrative Rules Website at
http://adminrules.wisconsin.gov by January 15, 2008.
Initial Regulatory Flexibility Analysis
Pursuant to s.
227.114, Stats., the repeal of this rule is not expected to negatively impact on small businesses. A similar set of energy conservation and efficiency and renewable resource programs will be maintained by non-municipal electric utilities with oversight by the Public Service Commission, with no break in service to customers or small businesses.
Fiscal Effect
None
Text of Rule
SECTION 1. Chapter Adm 44 is repealed.
Notice of Hearings
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed amendment to chapters ATCP 10, 12, and 17, Wis. Adm. Code, relating to animal health and disease control.
