Amendment ASA1-SB55

SB55-ASA1, s. 1477 Section 1477. 183.0114 (1) (t) of the statutes is amended to read:

SB55-ASA1,986,5 183.0114 (1) (t) Request for certificate or statement of status, $5 the fee established under s. 182.01 (4) (b).

SB55-ASA1, s. 1478 Section 1478. 183.0114 (1) (u) of the statutes is amended to read:

SB55-ASA1,986,9 183.0114 (1) (u) Processing in an expeditious manner a document required or permitted to be filed under this chapter, or preparing in an expeditious manner a certificate or statement of status, $25 the fee established under s. 182.01 (4) (d).

SB55-ASA1, s. 1479 Section 1479. 185.83 (1) (d) of the statutes is amended to read:

SB55-ASA1,986,13 185.83 (1) (d) Receiving services of any process, notice or demand, authorized to be served on the department by this chapter, $10 the fee established under s. 182.01 (4) (c).

SB55-ASA1, s. 1480 Section 1480. 185.83 (1) (f) of the statutes is repealed.

SB55-ASA1, s. 1481 Section 1481. 185.83 (1) (fm) of the statutes is repealed.

SB55-ASA1, s. 1482 Section 1482. 185.83 (1) (h) of the statutes is amended to read:

SB55-ASA1,986,20 185.83 (1) (h) Processing a document required or permitted to be filed or recorded under this chapter in an expeditious manner, or preparing the information under par. (f) or (fm) in an expeditious manner, $25 the fee established under s. 182.01 (4) (d) in addition to the fee required by other provisions of this chapter.

SB55-ASA1, s. 2972t Section 2972t. 195.60 (2) of the statutes is amended to read:

SB55-ASA1,987,13 195.60 (2) The office shall annually, within 90 days after the close of each fiscal year, ascertain the total of its expenditures during such year which are reasonably attributable to the performance of its duties relating to railroads. For purposes of such calculation, 90% of the expenditures so determined shall be expenditures of the office and 10% of the expenditures so determined shall be expenditures for state government operations. The office shall deduct therefrom all amounts chargeable to railroads under sub. (1) and s. 201.10 (3). A sum equal to the remainder plus 10% of the remainder shall be assessed by the office to the several railroads in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. Such assessment shall be paid within 30 days after the bill has been mailed to the several railroads, which bill shall constitute notice of assessment and demand of payment thereof. The total amount which may be assessed to the railroads under authority of this subsection shall not exceed 1.75% 1.85% of the total gross operating revenues of such railroads, during such calendar year, derived from intrastate operations. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (2) (g). The railroads shall furnish such financial information as the office requires.

SB55-ASA1, s. 1483 Section 1483. 196.01 (3n) of the statutes is repealed.

SB55-ASA1, s. 1484 Section 1484. 196.01 (3p) of the statutes is repealed.

SB55-ASA1, s. 1485 Section 1485. 196.01 (3q) of the statutes is renumbered 101.91 (6m) and amended to read:

SB55-ASA1,987,22 101.91 (6m) "Mobile Manufactured home park contractor" means a person, other than a public utility, as defined in s. 196.01 (5) (a), who, under a contract with a mobile manufactured home park operator, provides water or sewer service to a mobile manufactured home park occupant or performs a service related to providing water or sewer service to a mobile manufactured home park occupant.

SB55-ASA1, s. 1486 Section 1486. 196.01 (3s) of the statutes is renumbered 101.91 (7) and amended to read:

SB55-ASA1,988,2 101.91 (7) "Mobile Manufactured home park occupant" means a person who rents or owns a mobile manufactured home in a mobile manufactured home park.

SB55-ASA1, s. 1487 Section 1487. 196.01 (3t) of the statutes is renumbered 101.91 (8) and amended to read:

SB55-ASA1,988,6 101.91 (8) "Mobile Manufactured home park operator" means a person engaged in the business of owning or managing a mobile manufactured home park.

SB55-ASA1, s. 1488 Section 1488. 196.07 (2) of the statutes is amended to read:

SB55-ASA1,988,16 196.07 (2) If a public utility fails to file a report with the commission containing its balance sheet and other information prescribed by the commission by the date the report is due under sub. (1), the commission may prepare the report from the records of the public utility. All expenses of the commission in preparing the report, plus a penalty equal to 50% of the amount of the expenses, shall be assessed against and collected from the public utility under s. 196.85. The amount of the charge to a public utility shall not be limited by s. 196.85 (1) (b) and shall be in addition to any other charges assessable under s. 196.85. The penalty provision of the charge shall be credited to the general fund under s. 20.906.

SB55-ASA1, s. 2978m Section 2978m. 196.191 of the statutes is created to read:

SB55-ASA1,988,19 196.191 Distributed generation electric rates. (1) Definitions. In this section:

SB55-ASA1,988,23 (a) "Distributed generation facility" means a facility operated by an electric consumer that uses any form of generation, including photovoltaic or fuel cells or wind power, for producing electric power. "Distributed generation facility" includes a small electric generating facility used by an independent power producer.

SB55-ASA1,988,25 (b) "Engineering concerns" includes concerns related to power quality or the safety and reliability of the state's electric power distribution grid.

SB55-ASA1,989,1 (c) "Regulatory concerns" includes concerns related to any of the following:

SB55-ASA1,989,2 1. Tariffs for a public utility's distributed generation.

SB55-ASA1,989,4 2. Nondiscriminatory fees that a public utility may charge the owner or operator of a distributed generation facility.

SB55-ASA1,989,6 3. The cost of upgrades to the state's electric power distribution grid that are required by interconnection.

SB55-ASA1,989,9 4. Other terms and conditions imposed by a public utility on the owner or operator of a distributed generation facility, including liability insurance, indemnification, or terms and conditions related to the transfer or sale of property.

SB55-ASA1,989,17 (2) Use and interconnection rules. The commission shall promulgate rules that facilitate, to the greatest extent possible, the use of distributed generation facilities and their interconnection to the state's electric power distribution grid. The rules shall include standards for interconnection that are uniform across the state regardless of the distributed generation facility that is interconnected and regardless of the owner of the transmission facility to which interconnection is made, except where engineering and regulatory concerns require additional interconnection standards.

SB55-ASA1,989,20 (3) Purchase rules. The commission shall promulgate rules establishing standards for the purchase by public utilities of electric power produced by distributed generation facilities, including standards for all of the following:

SB55-ASA1,989,23 (a) The use of a net metering tariff for a distributed generation facility with a capacity that does not exceed 20 kilowatts or the peak load of the facility's owner, whichever is greater.

SB55-ASA1,990,3 (b) The use of real-time pricing such that the price paid by a public utility for power placed on the state's electric power distribution grid by a distributed generation facility reflects the utility's cost of generation at that time.

SB55-ASA1, s. 1489 Section 1489. 196.195 (12) (b) 1. d. of the statutes is repealed.

SB55-ASA1, s. 1490 Section 1490. 196.196 (1) (cm) of the statutes is repealed.

SB55-ASA1, s. 1491 Section 1491. 196.196 (5) (b) 6. of the statutes is repealed.

SB55-ASA1, s. 1492 Section 1492. 196.218 (5) (a) 5. of the statutes is amended to read:

SB55-ASA1,990,12 196.218 (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).

SB55-ASA1, s. 1493 Section 1493. 196.218 (5) (a) 6. of the statutes is amended to read:

SB55-ASA1,990,17 196.218 (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.

SB55-ASA1, s. 1494 Section 1494. 196.218 (5r) (a) 4. of the statutes is amended to read:

SB55-ASA1,990,24 196.218 (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.

SB55-ASA1, s. 2984m Section 2984m. 196.219 (3) (o) of the statutes is created to read:

SB55-ASA1,991,6 196.219 (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.

SB55-ASA1, s. 1495 Section 1495. 196.26 (1) (a) of the statutes is amended to read:

SB55-ASA1,991,13 196.26 (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.

SB55-ASA1, s. 1496 Section 1496. 196.26 (1m) of the statutes is amended to read:

SB55-ASA1,992,2 196.26 (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.

SB55-ASA1, s. 1497 Section 1497. 196.26 (2) (a) of the statutes is amended to read:

SB55-ASA1,992,9 196.26 (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).

SB55-ASA1, s. 1498 Section 1498. 196.26 (2) (b) of the statutes is amended to read:

SB55-ASA1,992,21 196.26 (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.

SB55-ASA1, s. 1499 Section 1499. 196.28 (1) of the statutes is amended to read:

SB55-ASA1,993,3 196.28 (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.

SB55-ASA1, s. 1500 Section 1500. 196.28 (3) of the statutes is amended to read:

SB55-ASA1,993,12 196.28 (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.

SB55-ASA1, s. 3001m Section 3001m. 196.491 (3c) of the statutes is created to read:

SB55-ASA1,993,18 196.491 (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:

SB55-ASA1,993,20 1. The date on which the commission issues the certificate of public convenience and necessity.

SB55-ASA1,993,23 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.

SB55-ASA1,994,3 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.

SB55-ASA1,994,6 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).

SB55-ASA1,994,8 (b) Upon showing of good cause, the commission may grant an extension to the deadline specified in par. (a).

SB55-ASA1,994,12 (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.

SB55-ASA1, s. 1501 Section 1501. 196.498 (title) of the statutes is repealed.

SB55-ASA1, s. 1502 Section 1502. 196.498 (2) of the statutes is renumbered 101.937 (1) and amended to read:

SB55-ASA1,994,25 101.937 (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.

SB55-ASA1, s. 1503 Section 1503. 196.498 (3) of the statutes is renumbered 101.937 (2) and amended to read:

SB55-ASA1,995,7 101.937 (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.

SB55-ASA1, s. 1504 Section 1504. 196.498 (4) of the statutes is renumbered 101.937 (3) and amended to read:

SB55-ASA1,995,15 101.937 (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.

SB55-ASA1,995,18 (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.

SB55-ASA1, s. 1505 Section 1505. 196.498 (5) of the statutes is renumbered 101.937 (4) and amended to read:

SB55-ASA1,995,25 101.937 (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.

SB55-ASA1, s. 1506 Section 1506. 196.498 (6) of the statutes is renumbered 101.937 (5) and amended to read:

SB55-ASA1,996,6 101.937 (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.

SB55-ASA1,996,10 (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.

SB55-ASA1, s. 3008m Section 3008m. 196.52 (9) of the statutes is created to read:

SB55-ASA1,996,16 196.52 (9) (a) In this subsection, "leased generation contract" means a contract or arrangement under which an affiliated interest of a public utility agrees to construct or improve electric generating equipment and associated facilities and to lease to the public utility land and such equipment and facilities for operation by the public utility.

SB55-ASA1,996,18 (b) The commission may approve a leased generation contract under sub. (3) only if all of the following apply:

SB55-ASA1,996,21 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, 2001, for any construction or improvement that is subject to the leased generation contract.

SB55-ASA1,996,24 2. Construction or improvement of the electric generating equipment and associated facilities that is subject to the leased generation contract commences on or after January 1, 2001.

SB55-ASA1,997,3 3. No electric generating equipment and associated facilities, or electric generating equipment, held or used by the public utility for the provision of electric service is transferred to the affiliated interest.

SB55-ASA1,997,5 4. The estimated gross cost of the construction or improvement that is subject to the leased generation contract is at least $10,000,000.

SB55-ASA1,997,9 5. 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.

SB55-ASA1,997,15 6. 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 the 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.

SB55-ASA1,997,17 7. The leased generation contract provides that, upon termination of the contract, all of the following apply: