Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,36,9 (c) Amount of public benefits fees. A fee established in rules promulgated under par. (b) shall satisfy each of the following:

AB133-ASA1-CA1,36,16 1. `Low-income funding.' In fiscal year 1999-2000, a portion of the public benefits fee shall be an amount that, when added to 50% of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year, shall equal $24,000,000. In each fiscal year after fiscal year 1999-2000, a portion of the public benefits fee shall be an amount that, when added to the sum of the following shall equal the low-income need target for that fiscal year determined by the department under sub. (2) (d) 1.:

AB133-ASA1-CA1,36,18 a. Fifty percent of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year.

AB133-ASA1-CA1,36,20 b. All moneys received under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 for that fiscal year.

AB133-ASA1-CA1,36,22 c. The total amount spent on programs or contributed to the commission by utilities under s. 196.374 (3) for that fiscal year for low-income assistance.

AB133-ASA1-CA1,37,5 2. `Energy conservation and efficiency and renewable resource funding.' For fiscal year 1999-2000, a portion of the public benefits fee shall be in an amount that, when added to 50% of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year, shall equal $20,000,000. In each fiscal year after fiscal year 1999-2000, a portion of the public benefits fee shall be the amount determined under this subdivision for fiscal year 1999-2000, except that if the department determines to reduce or discontinue a program under sub. (2) (b) 2., the department shall reduce the amount accordingly.

AB133-ASA1-CA1,37,11 3. `Limitation on electric bill increases.' For the period beginning on the effective date of this subdivision .... [revisor inserts date], and ending on June 30, 2008, the total increase in a customer's electric bills that is based on the requirement to pay public benefits fees, including any increase resulting from an electric utility's compliance with this section, may not exceed 3% of the total of every other charge for which the customer is billed for that period or $750 per month, whichever is less.

AB133-ASA1-CA1,37,19 (5) Municipal utilities and retail electric cooperatives. (a) Requirement to charge public benefits fees. Each retail electric cooperative and municipal utility shall charge a monthly public benefits fee to each customer or member in an amount that is sufficient for the retail electric cooperative or municipal utility to collect an annual average of $16 per meter. A retail electric cooperative or municipal utility may determine the amount that a particular class of customers or members is required to pay under this paragraph and may charge different fees to different classes of customers or members.

AB133-ASA1-CA1,38,2 (am) Public benefits fee restriction. Notwithstanding par. (a), for the period beginning on the effective date of this paragraph .... [revisor inserts date], and ending on June 30, 2008, the total increase in a customer's or member's electric bills that is based on the requirement to pay public benefits fees, including any increase resulting from a retail electric cooperative's or municipal utility's compliance with this section, may not exceed 3% of the total of every other charge for which the member or customer is billed for that period or $750 per month, whichever is less.

AB133-ASA1-CA1,38,7 (b) Election to contribute to department programs. 1. No later than the first day of the 12th month beginning after the effective date of this subdivision .... [revisor inserts date], each municipal utility or retail electric cooperative shall notify the department whether it has elected to contribute to the programs established under sub. (2) (a) or (b) 1. for a 3-year period.

AB133-ASA1-CA1,38,11 2. No later than every 3rd year after the date specified in subd. 1., each municipal utility or retail electric cooperative shall notify the department whether it has elected to contribute to the programs established under sub. (2) (a) or (b) 1. for a 3-year period.

AB133-ASA1-CA1,38,16 (c) Full contribution. If a municipal utility or retail electric cooperative elects under par. (b) 1. or 2. to contribute to the programs established both under sub. (2) (a) and under sub. (2) (b) 1., it shall pay 100% of the public benefits fees that it charges under par. (a) to the department in each fiscal year of the 3-year period for which it has made the election.

AB133-ASA1-CA1,38,19 (d) Partial contributions and commitment to community spending. A municipal utility or retail electric cooperative not specified in par. (c) shall do one of the following:

AB133-ASA1-CA1,38,23 1. If the municipal utility or retail electric cooperative elects to contribute only to the programs established under sub. (2) (a), the municipal utility or retail electric cooperative shall, in each fiscal year of the 3-year period for which it elects to contribute under par. (b) 1. or 2., do all of the following:

AB133-ASA1-CA1,38,25 a. Pay 50% of the public benefits fees that it charges under par. (a) to the department.

AB133-ASA1-CA1,39,2 b. Spend 50% of the public benefits fees that it charges under par. (a) on energy conservation programs.

AB133-ASA1-CA1,39,6 2. If the municipal utility or retail electric cooperative elects to contribute only to the programs established under sub. (2) (b) 1., the municipal utility or retail electric cooperative shall, in each fiscal year of the 3-year period for which it elects to contribute under par. (b) 1. or 2., do all of the following:

AB133-ASA1-CA1,39,8 a. Pay 50% of the public benefits fees that it charges under par. (a) to the department.

AB133-ASA1-CA1,39,10 b. Spend 50% of the public benefits fees that it charges under par. (a) on programs for low-income assistance.

AB133-ASA1-CA1,39,14 3. If the municipal utility or retail electric cooperative elects not to contribute to any of the programs established under sub. (2) (a) or (b) 1., the municipal utility or retail electric cooperative shall, in each fiscal year of the 3-year period for which it elects not to contribute under par. (b) 1. or 2., do all of the following:

AB133-ASA1-CA1,39,16 a. Spend 50% of the public benefits fees that it charges under par. (a) on programs for low-income assistance.

AB133-ASA1-CA1,39,18 b. Spend 50% of the public benefits fees that it charges under par. (a) on energy conservation programs.

AB133-ASA1-CA1,39,22 (e) Wholesale supplier credit. If a wholesale supplier has established a program for low-income assistance or an energy conservation program, a municipal utility or retail electric cooperative that is a customer or member of the wholesale supplier may do any of the following:

AB133-ASA1-CA1,40,2 1. Include an amount equal to the product of the municipal utility's or retail electric cooperative's wholesale supply percentage and the amount that the wholesale supplier has spent on low-income assistance in a fiscal year in calculating the amount that the municipal utility or retail electric cooperative has spent on low-income assistance in that fiscal year under par. (d) 2. b. or 3. a.

AB133-ASA1-CA1,40,8 2. Include an amount equal to the product of the municipal utility's or retail electric cooperative's wholesale supply percentage and the amount that the wholesale supplier has spent on energy conservation programs or customer applications of renewable resources in a fiscal year in calculating the amount that the municipal utility or retail electric cooperative has spent on energy conservation programs under par. (d) 1. b. or 3. b.

AB133-ASA1-CA1,40,12 (f) Joint programs. Municipal utilities or retail electric cooperatives may establish joint commitment to community programs, except that each municipal utility or retail electric cooperative that participates in a joint program is required to comply with the spending requirements under par. (d).

AB133-ASA1-CA1,40,16 (g) Reports. 1. For each fiscal year, each municipal utility and retail electric cooperative that does not pay 100% of the public benefits fee that it charges under par. (a) to the department under par. (c) shall file a report with the department that describes each of the following:

AB133-ASA1-CA1,40,20 a. An accounting of public benefits fees charged to customers or members under par. (a) in the fiscal year and expenditures on commitment to community programs under par. (d), including any amounts included in the municipal utility's or retail electric cooperative's calculations under par. (e).

AB133-ASA1-CA1,40,22 b. A description of commitment to community programs established by the municipal utility or retail electric cooperative in the fiscal year.

AB133-ASA1-CA1,40,24 2. The department shall maintain reports filed under subd. 1. for at least 6 years.

AB133-ASA1-CA1, s. 109no Section 109no. 16.958 of the statutes is created to read:

AB133-ASA1-CA1,41,1 16.958 Air quality improvement program. (1) In this section:

AB133-ASA1-CA1,41,4 (a) "Eligible electric provider" means a generator public utility or a generator electric cooperative that provides electric service to customers or members in the midcontinent area of this state.

AB133-ASA1-CA1,41,6 (b) "Generator electric cooperative" means an electric cooperative, as defined in s. 76.48 (1g) (c), that generates electricity.

AB133-ASA1-CA1,41,8 (c) "Generator public utility" means a public utility, as defined in s. 196.01 (5), that generates electricity.

AB133-ASA1-CA1,41,12 (d) "Initial compliance date" means the date specified in a notice by the department of natural resources under s. 285.48 (2) by which electric generating facilities in the midcontinent area of this state are required to comply with initial nitrogen oxide emission reduction requirements.

AB133-ASA1-CA1,41,15 (e) "Midcontinent area" means the geographic area served by the Mid-Continent Area Power Pool reliability council of the North American Electric Reliability Council.

AB133-ASA1-CA1,41,18 (2) If the department of natural resources makes a notification to the department of administration under s. 285.48 (2), the department of administration shall do each of the following:

AB133-ASA1-CA1,41,22 (a) In each fiscal year of the 10-year period that commences on July 1 of the fiscal year ending before the initial compliance date, transfer $2,500,000, or the lesser amount specified in a notice under s. 285.48 (3) (d) 4., from the utility public benefits fund to the air quality improvement fund.

AB133-ASA1-CA1,42,2 (b) From the air quality improvement fund, award grants to eligible electric providers to be used for the purpose of complying with requirements under state or federal law to reduce nitrogen oxide emissions in the midcontinent area of this state pursuant to a state implementation plan. An eligible electric provider that is a public utility may receive no more than $500,000 per year in grants under this paragraph.

AB133-ASA1-CA1,42,5 (c) Promulgate rules for awarding grants under par. (b). The rules shall require an applicant for a grant to identify the reduction in nitrogen oxide emissions that the applicant is capable of achieving with the grant.

AB133-ASA1-CA1,42,11 (3) An eligible electric provider that is awarded a grant under sub. (2) (b) may assign the grant to a 3rd party if the 3rd party uses the grant for the purpose of reducing nitrogen oxide emissions and the eligible electric provider demonstrates to the satisfaction of the department of administration that the 3rd party is capable of achieving the reduction in nitrogen oxide emissions identified in the eligible electric provider's application for the grant.".

AB133-ASA1-CA1,42,12 66. Page 55, line 21: after that line insert:

AB133-ASA1-CA1,42,15 "(c) To the Lac Courte Oreilles Chippewa Indian tribe, $125,000 in each fiscal year to develop law enforcement capabilities on the reservation and trust lands of the tribe.".

AB133-ASA1-CA1,42,16 67. Page 56, line 5: delete "and" and substitute "or".

AB133-ASA1-CA1,42,17 68. Page 56, line 8: delete lines 8 to 11.

AB133-ASA1-CA1,42,18 69. Page 56, line 12: delete "(kh)" and substitute "(cm)".

AB133-ASA1-CA1,42,19 70. Page 56, line 17: delete "may" and substitute "shall".

AB133-ASA1-CA1,42,21 71. Page 56, line 18: delete "not more than 25%" and substitute "a percentage".

AB133-ASA1-CA1,43,2 72. Page 56, line 20: after "unit." insert "The department shall determine the percentage of the cost to be funded by a local governmental unit based on the number of applications for grants and the availability of funding to finance grants for the fiscal year in which grants are to be provided.".

AB133-ASA1-CA1,43,3 73. Page 57, line 13: delete "one or more" and substitute "all".

AB133-ASA1-CA1,43,5 74. Page 57, line 17: delete that line and substitute "all of the following local, comprehensive planning goals will be achieved:".

AB133-ASA1-CA1,43,6 75. Page 58, line 7: delete lines 7 and 8 and substitute:

AB133-ASA1-CA1,43,8 "8. Building of community identity by revitalizing main streets and enforcing design standards.".

AB133-ASA1-CA1,43,10 76. Page 58, line 15: after "opportunities" insert "at the state, regional and local levels".

AB133-ASA1-CA1,43,11 77. Page 58, line 18: after that line insert:

AB133-ASA1-CA1,43,14 "14. Providing an integrated, efficient and economical transportation system that affords mobility, convenience and safety and that meets the needs of all citizens, including transit-dependent and disabled citizens.".

AB133-ASA1-CA1,43,16 78. Page 58, line 25: after "participation" insert "throughout the planning process".

AB133-ASA1-CA1,43,17 79. Page 59, line 9: delete lines 9 to 16.

AB133-ASA1-CA1,43,18 80. Page 60, line 22: after that line insert:

AB133-ASA1-CA1,43,19 " Section 114nm. 16.969 of the statutes is created to read:

AB133-ASA1-CA1,43,21 16.969 Fees for certain high-voltage transmission lines. (1) In this section:

AB133-ASA1-CA1,43,22 (a) "Commission" means the public service commission.

AB133-ASA1-CA1,44,3 (b) "High-voltage transmission line" means a high-voltage transmission line, as defined in s. 196.491 (1) (f), that is designed for operation at a nominal voltage of 345 kilovolts or more.

AB133-ASA1-CA1,44,6 (2) The department shall promulgate rules that require a person who is issued a certificate of public convenience and necessity by the commission under s. 196.491 (3) for a high-voltage transmission line to pay the department the following fees:

AB133-ASA1-CA1,44,9 (a) An annual impact fee in an amount equal to 0.3% of the cost of the high-voltage transmission line, as determined by the commission under s. 196.491 (3) (gm).

AB133-ASA1-CA1,44,12 (b) A one-time environmental impact fee in an amount equal to 5% of the cost of the high-voltage transmission line, as determined by the commission under s. 196.491 (3) (gm).

AB133-ASA1-CA1,44,17 (3) (a) The department shall distribute the fees that are paid by a person under the rules promulgated under sub. (2) (a) to each town, village and city that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such town, village and city.

AB133-ASA1-CA1,44,19 (b) The fee that is paid by a person under the rules promulgated under sub. (2) (b) shall be distributed as follows:

AB133-ASA1-CA1,44,22 1. The department shall pay 50% of the fee to each county that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such county.

AB133-ASA1-CA1,45,2 2. The department shall pay 50% of the fee to each town, village and city that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such town, village and city.

AB133-ASA1-CA1,45,5 (4) A county, town, village or city that receives a distribution under sub. (3) (b) may use the distribution only for park, conservancy, wetland or other similar environmental programs.".

AB133-ASA1-CA1,45,6 81. Page 61, line 8: delete "the weighted" and substitute "a weighted".

AB133-ASA1-CA1,45,8 82. Page 61, line 9: delete "department of administration under s. 978.042 (1)" and substitute "state prosecutors office in the department of administration".

AB133-ASA1-CA1,45,10 83. Page 61, line 14: delete the material beginning with that line and ending with page 62, line 9.

AB133-ASA1-CA1,45,12 84. Page 63, line 2: delete "School for the Visually Handicapped" and substitute "Center for the Blind and Visually Impaired".

AB133-ASA1-CA1,45,14 85. Page 64, line 3: delete the material beginning with that line and ending with page 65, line 9.

AB133-ASA1-CA1,45,15 86. Page 83, line 9: after that line insert:

AB133-ASA1-CA1,45,16 " Section 161d. 19.35 (1) (am) 2. c. of the statutes is amended to read:

AB133-ASA1-CA1,45,24 19.35 (1) (am) 2. c. Endanger the security, including the security of the population or staff, of any state correctional institution, as defined in s. 301.01 (4) prison under s. 302.01, jail, as defined in s. 165.85 (2) (bg), secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), secured group home, as defined in s. 938.02 (15p), mental health institute, as defined in s. 51.01 (12), or center for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff of any of these institutions, facilities or jails.".

AB133-ASA1-CA1,46,1 87. Page 83, line 10: delete lines 10 and 11.

AB133-ASA1-CA1,46,2 88. Page 85, line 6: delete "1.1%" and substitute "1%".

AB133-ASA1-CA1,46,3 89. Page 97, line 16: substitute "C" for "A".

AB133-ASA1-CA1,46,7 90. Page 97, line 19: increase the dollar amount for fiscal year 1999-00 by $55,000 and increase the dollar amount for fiscal year 2000-01 by $55,000 to restore for the department of agriculture, trade and consumer protection a 0.5 FTE PR position for trade practice analysis.

AB133-ASA1-CA1,46,8 91. Page 98, line 16: after that line insert: - See PDF for table

AB133-ASA1-CA1,46,9 92. Page 99, line 12: delete "S" and substitute "A".

AB133-ASA1-CA1,46,10 93. Page 101, line 3: delete lines 3 and 4.

AB133-ASA1-CA1,46,14 94. Page 101, line 6: increase the dollar amount for fiscal year 1999-00 by $32,500 and increase the dollar amount for fiscal year 2000-01 by $43,300 to increase the authorized FTE positions of the department of agriculture, trade and consumer protection by 1.0 GPR position related to nursery regulation.

AB133-ASA1-CA1,46,15 95. Page 101, line 7: delete lines 7 and 8 and substitute: - See PDF for table