PROPOSED ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING EMERGENCY RULES
The scope statement for this rule, SS 055-15, was published in Register No. 715A2 on July 13, 2015 and approved by State Superintendent Evers on July 24, 2015, and modifies SS 083-13, which was published in Register No. 691 on July 31, 2013 and approved by State Superintendent Evers on August 15, 2013. Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval for the statement of scope for this rule. Coyne v. Walker, No. 2013AP416, 2015 WL 686178 (Wis. Ct. App. Feb. 19, 2015). The State Superintendent of Public Instruction hereby proposes to repeal ss. PI 15.03 (8), and 15.04 (5); to amend ss. PI 15.01, 15.02 (2), 15.03 (1), 15.03 (2) (b), 15.03 (3) (intro.), (b), (c), and (d), 15.03 (7), PI 15.04 (3) and (4), and PI 15 Appendix A; to repeal and recreate s. PI 15.04 (4); and to create ss. PI 15.03 (3) (c) Note, (f), and (g), and PI 15.04 (2m); relating to revenue limit exemptions for energy efficiencies.
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Explanation of agency authority:
Under s. 227.11 (2) (a) (intro.), Stats., “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.” As such, a rule is required to effectively implement and provide transparency to the revenue limit exemptions for energy efficiencies under s. 121.91 (4) (o), Stats.
Related statute or rule: N/A.
Plain language analysis:
2011 Wisconsin Act 32 and 2013 Wisconsin Act 20 provided that the revenue limit for that school year is increased by the amount spent by the school district in that school year on a project to implement energy efficiency measures or to purchase energy efficiency products including the payment of debt service on a bond or note issued or a state trust fund loan obtained, to finance the project if the project results in the avoidance of, or reduction in, energy costs or operational costs; the project is governed by a performance contract entered into under s. 66.0133; and the bond or note or state trust fund loan obtained issued to finance the project is issued for periods not exceeding 20 years. If a school board issues a bond or note or obtains a state trust fund loan to finance a project, a resolution adopted by a school board is valid for each school year in which the school board pays debt service on the bond, note, or state trust fund loan. However, 2011 Wisconsin Act 32 eliminated the revenue limit exemption for money spent on renewable energy products. Additionally, 2013 Wisconsin Act 20 provided that if a school district issues a bond or note or obtains a state trust fund loan to finance a project, the amount of debt service included in the amount spent by school districts for the purposes of the revenue limit exemption is the amount paid in the calendar year that begins on January 1 of the school year in which the school district’s revenue is increased. If a school district issues a bond or note or obtains a state trust fund loan to finance a project and the school district’s utility costs are measurably reduced as a result of the project, the school board must use the savings to retire the bond, note, or state trust fund loan.
Summary of, and comparison with, existing or proposed federal regulations: N/A
Comparison with rules in adjacent states: N/A
Summary of factual data and analytical methodologies: N/A
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: N/A
Anticipated costs incurred by private sector: N/A
Effect on small business:
The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Agency contact person: (including email and telephone)
Budget and Policy Analyst
Wisconsin Department of Public Instruction
Place where comments are to be submitted and deadline for submission:
Comments should be submitted to Carl Bryan, Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at Carl.Bryan@dpi.wi.gov. The Department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments.
SECTION 1. PI 15.01 is amended to read:
PI 15.01 Purpose. A school board may not exceed its revenue limit under s. 121.91 (2m), Stats., except as allowed under s. 121.91 (3), (4), and (8), Stats. This chapter sets forth eligibility criteria and procedures for allowing revenue limit exemptions for energy efficiency measures, and renewable energy efficiency products as allowed under s. 121.91 (4) (o), Stats.
SECTION 2. PI 15.02 (2) is amended to read:
PI 15.02(2(2) "Expenditure" or "expenditures" means the amount spent or planned to be spent by the school district in a school year on energy efficiency measures, and renewable energy efficiency products that result in the avoidance of, or reduction in, energy costs or related operational costs. “Expenditure” does not include amounts spent for the purchase of one-to-one instructional technology devices.
SECTION 3. PI 15.03 (1) and (2) (b) are amended to read: