Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1024,21 "(bm) "Public utility" means a public utility that in 2000, based on data provided by the public utility to the commission, provided retail electric service to customers that had an aggregate load of 1,200 megawatts or more.".

SB55-ASA1-AA1,1024,22 1531. Page 989, line 6: after that line insert:

SB55-ASA1-AA1,1024,23 " Section 2981m. 196.218 (3) (e) of the statutes is amended to read:

SB55-ASA1-AA1,1025,3 196.218 (3) (e) Except as provided in s. 196.196 (2) (d), a A telecommunications provider or other person may not establish a surcharge on customers' bills to collect from customers contributions required under this subsection.".

SB55-ASA1-AA1,1025,4 1532. Page 989, line 6: after that line insert:

SB55-ASA1-AA1,1025,5 " Section 2981Lm. 196.202 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1025,17 196.202 (2) Scope of regulation. A commercial mobile radio service provider is not subject to ch. 201 or this chapter, except as provided in sub. (5), and except that a commercial mobile radio service provider is subject to s. 196.218 (3) to the extent not preempted by federal law. If the application of s. 196.218 (3) to a commercial mobile radio service provider is not preempted if the commission promulgates rules that designate commercial mobile radio service providers as eligible to receive universal service funding under both the federal and state universal service fund programs. If the commission promulgates such rules, a commercial mobile radio service provider shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer the universal service fund.".

SB55-ASA1-AA1,1025,18 1533. Page 989, line 6: after that line insert:

SB55-ASA1-AA1,1025,20 " Section 2981r. 196.218 (3) (a) 3. of the statutes is renumbered 196.218 (3) (a) 3. (intro.) and amended to read:

SB55-ASA1-AA1,1025,24 196.218 (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:

SB55-ASA1-AA1,1026,3 a. The amount appropriated under ss. s. 20.155 (1) (q), except that beginning in fiscal year 2003-04 the total amount of contributions in a fiscal year under this subd. 3. a. may not exceed $4,000,000.

SB55-ASA1-AA1,1026,5 b. The amounts appropriated under ss. 20.255 (3) (q), 20.275 (1) (s), (t) and (tm) and 20.285 (1) (q).

SB55-ASA1-AA1,1026,9 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.".

SB55-ASA1-AA1,1026,10 1534. Page 990, line 6: after that line insert:

SB55-ASA1-AA1,1026,11 " Section 2984q. 196.219 (3m) of the statutes is created to read:

SB55-ASA1-AA1,1026,14 196.219 (3m) Real estate development. (a) In this subsection, "real estate development" means the act of dividing or subdividing any parcel of land for construction or making improvements to facilitate or allow construction.

SB55-ASA1-AA1,1026,20 (b) Except for compensation included in rates for basic local exchange service and business access line and usage service, a telecommunications utility may not require any person to compensate the telecommunications utility for the construction of any facility for the distribution of telecommunications services that is related to any real estate development in the telecommunications utility's service territory.".

SB55-ASA1-AA1,1026,21 1535. Page 992, line 12: after that line insert:

SB55-ASA1-AA1,1026,22 " Section 2996. 196.374 (1) (b) of the statutes is repealed.

SB55-ASA1-AA1, s. 2997 Section 2997. 196.374 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1027,15 196.374 (3) In Except as provided in sub. (3m), in 2000, 2001 and 2002, the commission shall require each utility to spend a decreasing portion of the amount determined under sub. (2) on programs specified in sub. (2) and contribute the remaining portion of the amount to the commission for deposit in the utility public benefits fund. In Except as provided in sub. (3m), in each year after 2002, each utility shall contribute the entire amount determined under sub. (2) to the commission for deposit in the utility public benefits fund. The commission shall ensure in rate-making orders that a utility recovers from its ratepayers the amounts spent on programs or contributed to the utility public benefits fund under this subsection or deposited into the farm rewiring fund under sub. (3m). The commission shall allow each utility the option of continuing to use, until January 1, 2002, the moneys that it has recovered under s. 196.374 (3), 1997 stats., to administer the programs that it has funded under s. 196.374 (1), 1997 stats. The commission may allow each utility to spend additional moneys on the programs specified in sub. (2) if the utility otherwise complies with the requirements of this section and s. 16.957 (4).

SB55-ASA1-AA1, s. 2998 Section 2998. 196.374 (3m) of the statutes is created to read:

SB55-ASA1-AA1,1027,20 196.374 (3m) In fiscal year 2001-02, the first $1,500,000 that is contributed under sub. (3) in that fiscal year shall be deposited in the farm rewiring fund. In fiscal year 2002-03, the first $2,500,000 that is contributed under sub. (3) in that fiscal year shall be deposited in the farm rewiring fund.

SB55-ASA1-AA1, s. 2999 Section 2999. 196.374 (4) of the statutes is amended to read:

SB55-ASA1-AA1,1028,3 196.374 (4) If the department notifies the commission under s. 16.957 (2) (b) 2. that the department has reduced funding for energy conservation and efficiency and renewable resource programs by an amount that is greater than the portion of the public benefits fee specified in s. 16.957 (4) (c) 2., the commission shall reduce the amount that utilities are required to spend on programs or contribute to the utility public benefits fund under sub. (3) by the portion of the reduction that exceeds the amount of public benefits fees specified in s. 16.957 (4) (c) 2.".

SB55-ASA1-AA1,1028,4 1536. Page 992, line 12: after that line insert:

SB55-ASA1-AA1,1028,5 " Section 3001j. 196.491 (1) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1028,7 196.491 (1) (c) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 13001k Section 13001k. 196.491 (2) (b) 5. of the statutes is amended to read:

SB55-ASA1-AA1,1028,10 196.491 (2) (b) 5. Department of natural resources environmental management.".

SB55-ASA1-AA1,1028,11 1537. Page 992, line 12: after that line insert:

SB55-ASA1-AA1,1028,12 " Section 2994g. 196.31 (1) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1028,16 196.31 (1) (intro.) In any proceeding before the commission, the commission shall may compensate any participant in the proceeding who is not a public utility, for some or all of the reasonable costs of participation in the proceeding if the commission finds that:

SB55-ASA1-AA1, s. 2994i Section 2994i. 196.31 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1028,21 196.31 (1) (a) The participation is necessary to provide for the record an adequate presentation of a significant position in which the participant has a substantial interest, and that an adequate presentation would not occur be possible without a grant of compensation; or".

SB55-ASA1-AA1,1028,22 1538. Page 992, line 12: after that line insert:

SB55-ASA1-AA1,1028,23 " Section 3001d. 196.491 (3) (a) 3. a. of the statutes is amended to read:

SB55-ASA1-AA1,1029,11 196.491 (3) (a) 3. a. At least 60 days before a person files an application under subd. 1. for construction of a large electric generating facility, the person shall provide the department with an engineering plan showing the location of the large electric generating facility, a description of the large electric generating facility, including the major components of the large electric generating facility that have a significant air, water or solid waste pollution potential, and a description of the anticipated effects of the large electric generating facility on air and water quality. Within 30 days after a person provides an engineering plan, the department shall provide the person with a listing of each department permit or approval which, on the basis of the information contained in the engineering plan, appears to be required for the construction or operation of the large electric generating facility.".

SB55-ASA1-AA1,1029,12 1539. Page 992, line 12: after that line insert:

SB55-ASA1-AA1,1029,13 " Section 3001d. 196.491 (3) (a) 3. a. of the statutes is amended to read:

SB55-ASA1-AA1,1029,23 196.491 (3) (a) 3. a. At least 60 days before a person files an application under subd. 1., the person shall provide the department with an engineering plan showing the location of the facility, a description of the facility, including the major components of the facility that have a significant air, water, or solid waste pollution potential, and a description of the anticipated effects of the facility on air and water quality and on residential wells. Within 30 days after a person provides an engineering plan, the department shall provide the person with a listing of each department permit or approval which, on the basis of the information contained in the engineering plan, appears to be required for the construction or operation of the facility.

SB55-ASA1-AA1, s. 3001db Section 3001db. 196.491 (3) (a) 3. b. of the statutes is amended to read:

SB55-ASA1-AA1,1030,19 196.491 (3) (a) 3. b. Within 20 days after the department provides a listing specified in subd. 3. a. to a person, the person shall apply for the permits and approvals identified in the listing. The department shall determine whether an application under this subd. 3. b. is complete and, no later than 30 days after the application is filed, notify the applicant about the determination. If the department determines that the application is incomplete, the notice shall state the reason for the determination. An applicant may supplement and refile an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may refile an application under this subd. 3. b. If the department fails to determine whether an application is complete within 30 days after the application is filed, the application shall be considered to be complete. The department shall complete action on an application under this subd. 3. b. for any permit or approval that is required prior to construction of a facility within Within 120 days after the date on which the application is determined or considered to be complete, the department shall complete action on the application for any permit or approval that is required prior to construction of the large electric generating facility and shall determine whether the facility will reduce the availability of water to a residential well or cause a preventive action limit established under s. 160.15 to be exceeded in water produced by a residential well.

SB55-ASA1-AA1, s. 3001p Section 3001p. 196.491 (3) (e) of the statutes is renumbered 196.491 (3) (e) (intro.) and amended to read:

SB55-ASA1-AA1,1031,2 196.491 (3) (e) (intro.) If the application does not meet the criteria under par. (d), the commission shall reject the application or approve the application with such modifications as are necessary for an affirmative finding under par. (d). The commission may not issue a certificate of public convenience and necessity until the for a large electric generating facility unless each of the following is satisfied:

SB55-ASA1-AA1,1031,4 1. The department has issued all permits and approvals identified in the listing specified in par. (a) 3. a. that are required prior to construction.

SB55-ASA1-AA1, s. 3001pt Section 3001pt. 196.491 (3) (e) 2. of the statutes is created to read:

SB55-ASA1-AA1,1031,9 196.491 (3) (e) 2. The department has determined under par. (a) 3. b. that the facility will not reduce the availability of water to a residential well and will not cause a preventive action limit established under s. 160.15 to be exceeded in water produced by a residential well.".

SB55-ASA1-AA1,1031,10 1540. Page 992, line 12: after that line insert:

SB55-ASA1-AA1,1031,11 " Section 2997m. 196.374 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1031,24 196.374 (3) In 2000, 2001 and 2002, the commission shall require each utility to spend a decreasing portion of the amount determined under sub. (2) on programs specified in sub. (2) and contribute the remaining portion of the amount to the commission for deposit in the fund. In each year after 2002, each Each utility shall contribute the entire amount determined under sub. (2) to the commission for deposit in the fund. The commission shall ensure in rate-making orders that a utility recovers from its ratepayers the amounts spent on programs or contributed to the fund under this subsection. The commission shall allow each utility the option of continuing to use, until January 1, 2002, the moneys that it has recovered under s. 196.374 (3), 1997 stats., to administer the programs that it has funded under s. 196.374 (1), 1997 stats. The commission may allow each utility to spend additional moneys on the programs specified in sub. (2) if the utility otherwise complies with the requirements of this section and s. 16.957 (4).

SB55-ASA1-AA1, s. 2999m Section 2999m. 196.374 (4) of the statutes is amended to read:

SB55-ASA1-AA1,1032,8 196.374 (4) If the department notifies the commission under s. 16.957 (2) (b) 2. that the department has reduced funding for energy conservation and efficiency and renewable resource programs by an amount that is greater than the portion of the public benefits fee specified in s. 16.957 (4) (c) 2., the commission shall reduce make a corresponding reduction in the amount that utilities are required to spend on programs or contribute to the fund under sub. (3) by the portion of the reduction that exceeds the amount of public benefits fees specified in s. 16.957 (4) (c) 2.".

SB55-ASA1-AA1,1032,9 1541. Page 1003, line 6: after that line insert:

SB55-ASA1-AA1,1032,10 " Section 3020e. 218.0101 (19m) of the statutes is created to read:

SB55-ASA1-AA1,1032,11 218.0101 (19m) "Low-speed vehicle" has the meaning given in s. 340.01 (27m).

SB55-ASA1-AA1, s. 3020j Section 3020j. 218.0101 (23) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,1032,15 218.0101 (23) (a) 2. Is engaged wholly or in part in the business of selling or leasing motor vehicles, including motorcycles and low-speed vehicles, whether or not the motor vehicles are owned by that person, firm or corporation.

SB55-ASA1-AA1, s. 3020n Section 3020n. 218.0114 (5) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1033,2 218.0114 (5) (a) A motor vehicle dealer or an applicant for a motor vehicle dealer license shall provide and maintain in force a bond or irrevocable letter of credit of not less than $25,000 or, if the dealer or applicant sells or proposes to sell motorcycles or low-speed vehicles, or both, and not other types of motor vehicles, a bond or irrevocable letter of credit of not less than $5,000. The bond or letter of credit shall be executed in the name of the department of transportation for the benefit of any person who sustains a loss because of an act of a motor vehicle dealer that constitutes grounds for the suspension or revocation of a license under ss. 218.0101 to 218.0163.

SB55-ASA1-AA1, s. 3020q Section 3020q. 218.0122 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1033,6 218.0122 (3) This section does not apply to motorcycles or low-speed vehicles that are delivered in a crated, disassembled condition to the dealer or the dealer's agent.

SB55-ASA1-AA1, s. 3020t Section 3020t. 218.0171 (2) (b) 2. b. of the statutes is amended to read:

SB55-ASA1-AA1,1033,17 218.0171 (2) (b) 2. b. Accept return of the motor vehicle and refund to the consumer and to any holder of a perfected security interest in the consumer's motor vehicle, as their interest may appear, the full purchase price plus any sales tax, finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motor vehicle by a fraction, the denominator of which is 100,000 or, for a motorcycle or low-speed vehicle, 20,000, and the numerator of which is the number of miles the motor vehicle was driven before the consumer first reported the nonconformity to the motor vehicle dealer.".

SB55-ASA1-AA1,1033,18 1542. Page 1003, line 6: after that line insert:

SB55-ASA1-AA1,1033,19 " Section 3023. 221.0320 (2) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1033,23 221.0320 (2) (a) (intro.) A liability secured by warehouse receipts issued by warehouse keepers licensed and bonded in this state under ss. 99.02 and 99.03 or under the federal bonded warehouse act or holding a registration certificate license under ch. 127 s. 126.26, if all of the following requirements are met:".

SB55-ASA1-AA1,1033,24 1543. Page 1003, line 6: after that line insert:

SB55-ASA1-AA1,1034,1 " Section 3020m. 218.22 (2m) of the statutes is amended to read:

SB55-ASA1-AA1,1034,3 218.22 (2m) License fees collected under this subchapter shall be deposited in the state and local highways account in the transportation fund.".

SB55-ASA1-AA1,1034,4 1544. Page 1003, line 6: after that line insert:

SB55-ASA1-AA1,1034,5 " Section 3019d. 196.86 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1034,7 196.86 (1) (a) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3019f Section 3019f. 196.86 (1) (d) of the statutes is amended to read:

SB55-ASA1-AA1,1034,12 196.86 (1) (d) "Initial compliance date" means the date specified in a notice by the department of natural resources environmental management 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.

SB55-ASA1-AA1, s. 3019h Section 3019h. 196.86 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1034,22 196.86 (2) If the department of natural resources environmental management makes a notification to the commission under s. 285.48 (2), the commission shall assess against electric public utility affiliates a total of $2,400,000, or a decreased amount specified in a notice by the department of natural resources environmental management under s. 285.48 (3) (d) 3., in each fiscal year of the 10-year period that commences on July 1 of the fiscal year ending before the initial compliance date. An assessment in a fiscal year against an electric public utility affiliate under this subsection shall be in an amount that is proportionate to the electric public utility affiliate's heat throughput ratio for the prior fiscal year.

SB55-ASA1-AA1, s. 3019k Section 3019k. 196.98 of the statutes is amended to read:

SB55-ASA1-AA1,1035,8 196.98 Water reporting required. The commission shall ensure that each public utility to which s. 281.35 applies shall comply with the requirements of that section and shall report its volume and rate of withdrawal, as defined under s. 281.35 (1) (m), and its volume and rate of water loss, as defined under s. 281.35 (1) (L), if any, to the commission in the form and at the times specified by the department of natural resources environmental management. The commission shall provide the information reported under this section to the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3020c Section 3020c. 198.22 (7) of the statutes is amended to read:

SB55-ASA1-AA1,1035,18 198.22 (7) Boundaries. Immediately upon the organization of the board of directors the clerk shall cause to be recorded in the office of the register of deeds of each county in which any part of said district is located, and shall file with the secretary of state, the department of natural resources environmental management, the governor and the clerk of each town, city or village, wholly or partly within the district, a certified copy of the boundaries of the district as set forth in the notice of election pursuant to sub. (3) or as thereafter amended. Thereafter, in any proceeding wherein the boundaries of the district are concerned, it shall be sufficient in describing said boundaries to refer to such record of such description.

SB55-ASA1-AA1, s. 3020d Section 3020d. 198.22 (13) of the statutes is amended to read:

SB55-ASA1-AA1,1036,2 198.22 (13) Distribution system standards in Milwaukee County. When any such district is established in any county having a population of 500,000 or more and containing a city of the 1st class, no municipality in such district shall construct any part of its distribution system except according to the standard of sizes and grades of materials as used by such city of the 1st class, or the standards of the American waterworks association and the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3020e Section 3020e. 200.01 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1036,5 200.01 (2) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3020f Section 3020f. 200.11 (1) (e) of the statutes is amended to read:

SB55-ASA1-AA1,1036,12 200.11 (1) (e) Annual report. The commission shall prepare annually a full and detailed report of its official transactions and expenses and of all presently planned additions and major changes in district facilities and services and shall file a copy of such report with the department of natural resources environmental management, the department of health and family services and the governing bodies of all cities, villages and towns having territory in such district.

SB55-ASA1-AA1, s. 3020g Section 3020g. 200.27 (9) of the statutes is amended to read:

SB55-ASA1-AA1,1036,17 200.27 (9) Annual report. The commission shall prepare annually a full report of its official transactions and expenditures and shall mail the report to the governor, to the secretary of natural resources environmental management and to the governing body of each municipality.