16,2981r
Section 2981r. 196.208 (11) (d) of the statutes is renumbered 196.208 (11) (d) 1. and amended to read:
196.208 (11) (d) 1. Any Except as provided in subd. 2., any person who violates subs. (2) to (9) shall be required to forfeit not less than $25 nor more than $5,000 for each offense.
3. Forfeitures under this paragraph
subds. 1. and 2. shall be enforced by action on behalf of the state by the department of justice or, upon informing the department of justice, by the district attorney of the county where the violation occurs.
16,2981s
Section 2981s. 196.208 (11) (d) 2. of the statutes is created to read:
196.208 (11) (d) 2. a. A prisoner who violates sub. (5p) (b) may be required to forfeit not more than $500.
b. A person who employs a prisoner to answer calls made to a toll-free telephone number may be required to forfeit not more than $10,000 if the person violates sub. (5p) (c), aids and abets a prisoner's violation of sub. (5p) (b), is a party to a conspiracy with a prisoner to commit a violation of sub. (5p) (b), or advises, hires, or counsels or otherwise procures a prisoner to commit a violation of sub. (5p) (b).
16,2981t
Section 2981t. 196.218 (3) (a) 3. of the statutes is renumbered 196.218 (3) (a) 3. (intro.) and amended to read:
196.218 (3) (a) 3. (intro.) The commission shall designate the method by which the contributions under this paragraph shall be calculated and collected. The method shall ensure that the contributions are sufficient to generate the following amounts:
a. The amount appropriated under ss.
s. 20.155 (1) (q), except that in fiscal year 2003-04 the total amount of contributions in that fiscal year under this subd. 3. a. may not exceed $5,000,000 and except that beginning in fiscal year 2004-05 the total amount of contributions in a fiscal year under this subd. 3. a. may not exceed $6,000,000.
b. The amounts appropriated under ss. 20.255 (3) (q), 20.275 (1) (s), (t) and (tm) and 20.285 (1) (q).
3m. Contributions under this paragraph may be based only on the gross operating revenues from the provision of broadcast services identified by the commission under subd. 2. and on intrastate telecommunications services in this state of the telecommunications providers subject to the contribution.
16,2982
Section 2982. 196.218 (5) (a) 5. of the statutes is amended to read:
196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 (7) to the extent that these costs are not paid under s. 44.73 (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. 44.73 (2r) (a).
16,2983
Section 2983. 196.218 (5) (a) 6. of the statutes is amended to read:
196.218 (5) (a) 6. To pay the department of administration electronic government for telecommunications services provided under s. 16.973 22.05 (1) to the campuses of the University of Wisconsin System at River Falls, Stout, Superior and Whitewater.
16,2983m
Section 2983m. 196.218 (5) (a) 10. of the statutes is created to read:
196.218 (5) (a) 10. To make the grant awarded by the technology for educational achievement in Wisconsin board to the Racine Unified School District under s. 44.72 (3).
16,2984
Section 2984. 196.218 (5r) (a) 4. of the statutes is amended to read:
196.218 (5r) (a) 4. An assessment of how successful investments identified in s. 196.196 (5) (f), assistance provided by the universal service fund or the Wisconsin advanced telecommunications foundation, and price regulation and other alternative incentive regulations of telecommunications utilities designed to promote competition have been in advancing the public interest goals identified under s. 196.03 (6), and recommendations for further advancing those goals.
16,2984m
Section 2984m. 196.219 (3) (o) of the statutes is created to read:
196.219 (3) (o) Refuse to transfer or facilitate the transfer of the telecommunications utility's or telecommunications provider's local exchange service customers to another telecommunications provider on the same terms and conditions as the telecommunications utility or telecommunications provider receives from any other telecommunications provider, unless such terms and conditions violate federal law.
16,2989
Section 2989. 196.26 (1) (a) of the statutes is amended to read:
196.26 (1) (a) A complaint filed with the commission that any rate, toll, charge, or schedule, joint rate, regulation, measurement, act, or practice relating to the provision of heat, light, water, power, or telecommunications service, or to the provision of water or sewer service by a mobile home park operator or mobile home park contractor, is unreasonable, inadequate, unjustly discriminatory, or cannot be obtained.
16,2990
Section 2990. 196.26 (1m) of the statutes is amended to read:
196.26 (1m) Investigation of complaint. If any mercantile, agricultural, or manufacturing society, body politic, municipal organization, or 25 persons file a complaint specified in sub. (1) (a) against a public utility, or if the commission terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b., or if a person files a complaint specified in sub. (1) (c), the commission, with or without notice, may investigate the complaint under this section as it considers necessary. If the mobile home park occupants of 25% of the total number of mobile homes in a mobile home park or the mobile home park occupants of 25 mobile homes in a mobile home park, whichever is less, files a complaint specified in sub. (1) (a) against a mobile home park contractor or mobile home park operator, the commission, with or without notice, may investigate the complaint as it considers necessary. The commission may not issue an order based on an investigation under this subsection without a public hearing.
16,2991
Section 2991. 196.26 (2) (a) of the statutes is amended to read:
196.26 (2) (a) Prior to a hearing under this section, the commission shall notify the public utility, mobile home park contractor, mobile home park operator or party to an interconnection agreement complained of that a complaint has been made, and 10 days after the notice has been given the commission may proceed to set a time and place for a hearing and an investigation. This paragraph does not apply to a complaint specified in sub. (1) (b).
16,2992
Section 2992. 196.26 (2) (b) of the statutes is amended to read:
196.26 (2) (b) The commission shall give the complainant and either the public utility, mobile home park contractor, mobile home park operator or party to an interconnection agreement which is the subject of a complaint specified in sub. (1) (a) or (c) or, for a complaint specified in sub. (1) (b), a party to an interconnection agreement who is identified in a notice under s. 196.199 (3) (b) 1. b., 10 days' notice of the time and place of the hearing and the matter to be considered and determined at the hearing. The complainant and either the public utility, mobile home park contractor, mobile home park operator or party to the interconnection agreement may be heard. The commission may subpoena any witness at the request of the public utility, mobile home park contractor, mobile home park operator, party to the interconnection agreement, or complainant.
16,2993
Section 2993. 196.28 (1) of the statutes is amended to read:
196.28 (1) If the commission believes that any rate or charge is unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any public utility or to any provision of water or sewer service by a mobile home park operator or mobile home park contractor should for any reason be made, the commission on its own motion summarily may investigate with or without notice.
16,2994
Section 2994. 196.28 (3) of the statutes is amended to read:
196.28 (3) Notice of the time and place for a hearing under sub. (2) shall be given to the public utility, mobile home park contractor or mobile home park operator, and to such other interested persons as the commission considers necessary. After the notice has been given, proceedings shall be had and conducted in reference to the matter investigated as if a complaint specified in s. 196.26 (1) (a) had been filed with the commission relative to the matter investigated. The same order or orders may be made in reference to the matter as if the investigation had been made on complaint under s. 196.26.
16,3001b
Section 3001b. 196.491 (1) (w) of the statutes is renumbered 196.491 (1) (w) 1., and 196.491 (1) (w) 1. (intro.), as renumbered, is amended to read:
196.491 (1) (w) 1. (intro.) "Wholesale merchant plant" means, except as provided in subd. 2., electric generating equipment and associated facilities located in this state that do not provide service to any retail customer and that are owned and operated by any of the following:
16,3001d
Section 3001d. 196.491 (1) (w) 2. of the statutes is created to read:
196.491 (1) (w) 2. "Wholesale merchant plant" does not include an electric generating facility or an improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3.
16,3001m
Section 3001m. 196.491 (3c) of the statutes is created to read:
196.491 (3c) Commencement of construction of large electric generating facilities. (a) Except as provided in par. (b), an electric utility that has received a certificate of public convenience and necessity under sub. (3) for constructing a large electric generating facility shall commence construction no later than one year after the latest of the following:
1. The date on which the commission issues the certificate of public convenience and necessity.
2. The date on which the electric utility has been issued every federal and state permit, approval, and license that is required prior to commencement of construction.
3. The date on which every deadline has expired for requesting administrative review or reconsideration of every federal and state permit, approval, and license that is required prior to commencement of construction.
4. The date on which the electric utility has received the final decision, after exhaustion of judicial review, in every proceeding for judicial review described in sub. (3) (j).
(b) Upon showing of good cause, the commission may grant an extension to the deadline specified in par. (a).
(c) If an electric utility does not commence construction of a large electric generating facility within the deadline specified in par. (a) or extended under par. (b), the certificate of public convenience and necessity is void, and the electric utility may not commence construction of the large electric generating facility.
16,3001p
Section 3001p. 196.496 of the statutes is created to read:
196.496 Distributed generation facilities. (1) Definition. In this section, "distributed generation facility" means a facility for the generation of electricity with a capacity of no more than 15 megawatts that is located near the point where the electricity will be used or is in a location that will support the functioning of the electric power distribution grid.
(2) Rules. The commission shall promulgate rules establishing standards for the connection of distributed generation facilities to electric distribution facilities. To the extent technically feasible and cost effective, the standards shall be uniform and shall promote the development of distributed generation facilities. The standards shall address engineering, electric reliability, and safety concerns and the methods for determining charges for interconnection.
16,3002
Section 3002. 196.498 (title) of the statutes is repealed.
16,3003
Section 3003. 196.498 (2) of the statutes is renumbered 101.937 (1) and amended to read:
101.937 (1) Rules. The commission department shall promulgate rules that establish standards for providing water or sewer service by a mobile manufactured home park operator or mobile manufactured home park contractor to a mobile manufactured home park occupant, including requirements for metering, billing, deposits, depositing, arranging deferred payment arrangements, installation of, installing service, refusing or discontinuing service, and resolving disputes with respect to service. Rules promulgated under this subsection shall ensure that any charge for water or sewer service is reasonable and not unjustly discriminatory, that the water or sewer service is reasonably adequate, and that any practice relating to providing the service is just and reasonable.
16,3004
Section 3004. 196.498 (3) of the statutes is renumbered 101.937 (2) and amended to read:
101.937 (2) Permanent improvements. A mobile manufactured home park operator may make a reasonable recovery of capital costs for permanent improvements related to the provision of water or sewer service to mobile manufactured home park occupants through ongoing rates for water or sewer service.
16,3005
Section 3005. 196.498 (4) of the statutes is renumbered 101.937 (3) and amended to read:
101.937 (3) Enforcement. (a) Notwithstanding s. 196.44, on On its own motion or upon a complaint filed by a mobile manufactured home park occupant, the commission department may issue an order or commence a civil action against a mobile manufactured home park operator or mobile manufactured home park contractor to enforce this section, any rule promulgated under sub. (2) (1), or any order issued under this paragraph.
(b) The department of justice, after consulting with the commission department, or any district attorney may commence an action in circuit court to enforce this section.
16,3006
Section 3006. 196.498 (5) of the statutes is renumbered 101.937 (4) and amended to read:
101.937 (4) Private cause of action. Any person suffering pecuniary loss because of a violation of any rule promulgated under sub. (2) (1) or order issued under sub. (4) (3) (a) may sue for damages and shall recover twice the amount of any pecuniary loss, together with costs, and, notwithstanding s. 814.04 (1), reasonable attorney fees.
16,3007
Section 3007. 196.498 (6) of the statutes is renumbered 101.937 (5) and amended to read:
101.937 (5) Penalties. (a) Any person who violates any rule promulgated under sub. (2) (1) or any order issued under sub. (4) (3) (a) shall forfeit not less than $25 nor more than $5,000. Each violation and each day of violation constitutes a separate offense.
(b) Any person who intentionally violates any rule promulgated under sub. (2) (1) or order issued under sub. (4) (3) (a) shall be fined not less than $25 nor more than $5,000 or imprisoned not more than one year in the county jail or both. Each violation and each day of violation constitutes a separate offense.
16,3008mc
Section 3008mc. 196.52 (9) of the statutes is created to read:
196.52 (9) (a) In this subsection:
1. "Electric generating equipment" means any of the following:
a. An electric generator.
b. A machine that drives an electric generator, including an engine, turbine, water wheel, or wind mill.
c. Equipment that converts a fuel or source of energy into energy that powers a machine that drives an electric generator, including a boiler, but not including a nuclear reactor.
d. A fuel or photovoltaic cell.
2. "Electric generating facility" means electric generating equipment and associated facilities that, together, constitute a complete facility for the generation of electricity.
3. "Leased generation contract" means a contract or arrangement or set of contracts or arrangements under which an affiliated interest of a public utility agrees with the public utility to construct or improve an electric generating facility and to lease to the public utility land and the facility for operation by the public utility.
(b) The commission may approve a leased generation contract under sub. (3) only if all of the following apply:
1. The commission has not issued a certificate under s. 196.49 or a certificate of public convenience and necessity under s. 196.491 (3) before January 1, 2002, for any construction or improvement that is subject to the leased generation contract.
2. Construction or improvement of the electric generating facility that is subject to the leased generation contract commences on or after January 1, 2002.
3. Except as provided in s. 196.795 (5) (k) 3., no electric generating facility, electric generating equipment, or associated facilities, held or used by the public utility for the provision of electric service, is transferred to the affiliated interest.
4. The estimated gross cost of the construction or improvement that is subject to the leased generation contract is at least $10,000,000.
5. The construction or improvement is not to a nuclear-powered facility.
6. Any real property that the public utility transfers to the affiliated interest for the purpose of implementing the leased generation contract is transferred at book value, which is determined on the basis of the regulated books of account at the time of the transfer.
7. If the public utility transfers real property to the affiliated interest for the purpose of implementing the leased generation contract, the leased generation contract provides for transferring that real property back to the public utility, on the same terms and conditions as the original transfer, if the commission determines that the construction or improvement that is subject to the leased generation contract has not been completed.
8. The leased generation contract provides that, upon termination of the contract, all of the following apply:
a. The public utility shall have the option, subject to commission approval, to extend the contract, or purchase the electric generating facility or the improvements to an electric generating facility, at fair market value as determined by a valuation process that is conducted by an independent third party and that is specified in the contract.
b. If the public utility exercises the option specified in subd. 8. a., the affiliated interest may require the public utility to extend the contract, rather than purchase the facilities or improvements, if the affiliated interest demonstrates to the commission that the extension avoids material adverse tax consequences and that the extension provides terms and conditions that are economically equivalent to a purchase.
9. For any gas-fired electric generating facility that is constructed under the leased generation contract, the term of the lease is 20 years or more.
10. For any coal-fired electric generating facility that is constructed under the leased generation contract, the term of the lease is 25 years or more.
11. The leased generation contract does not take effect until the date on which the affiliated interest commences construction or improvement of the electric generating facility, except that, if the leased generation contract relates to the construction or improvement of more than one electric generating facility, the leased generation contract does not take effect with respect to the construction or improvement of an individual electric generating facility until the date on which the affiliated interest commences construction or improvement on that electric generating facility.
(c) Except as provided in par. (d), the commission may not increase or decrease the retail revenue requirements of a public utility on the basis of any income, expense, gain, or loss that is received or incurred by an affiliated interest of the public utility and that arises from the ownership of an electric generating facility or an improvement to an electric generating facility by an affiliated interest under a leased generation contract.
(d) The commission shall allow a public utility that has entered into a leased generation contract that has been approved by the commission under sub. (3) to recover fully in its retail rates that portion of any payments under the leased generation contract that the commission allocates to the public utility's retail electric service, and that portion of all other costs that is prudently incurred in the public utility's operation and maintenance of the electric generating facility or improvement that is subject to the leased generation contract and that the commission allocates to the public utility's retail electric service.
(e) Notwithstanding sub. (5) (a), the commission may not modify or terminate a leased generation contract approved under sub. (3) except as specified in the leased generation contract or the commission's order approving the leased generation contract.
(f) The commission shall maintain jurisdiction to ensure that the construction or improvement under a leased generation contract approved under sub. (3) is completed as provided in the leased generation contract.
(g) Nothing in this subsection prohibits a cooperative association organized under ch. 185, a municipal utility, as defined in s. 196.377 (2) (a) 3., or a municipal electric company, as defined in s. 66.0825 (3) (d), from acquiring an interest in an electric generating facility that is constructed pursuant to a leased generation contract or from acquiring an interest in land on which such an electric generating facility is located.
