Amendment ASA1-SB113

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2003 - 2004 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2003 SENATE BILL 113

February 10, 2004 - Offered by Representative Jensen.

SB113-ASA1,1,4 An Act to amend 227.19 (3) (intro.); and to create 13.0975, 227.117, 227.19 (3) (f), 227.19 (3p) and 227.19 (4) (b) 2m. of the statutes; relating to: review of legislative proposals and proposed state agency rules impacting energy policies.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB113-ASA1, s. 1 Section 1. 13.0975 of the statutes is created to read:

SB113-ASA1,1,7 13.0975 Review of legislative proposals impacting energy policies. (1) Definition. In this section, "commission" means the public service commission.

SB113-ASA1,2,3 (1m) Request by legislator. When any proposal that impacts energy policies is introduced or offered in the legislature and referred to a standing committee of the house in which it is introduced, the chairperson may request that the commission prepare an energy impact report. If the proposal is not referred to a standing committee, the speaker of the assembly, if the proposal is introduced or offered in the assembly, or the presiding officer of the senate, if the proposal is introduced or offered in the senate, may request that the commission prepare an energy impact report.

SB113-ASA1,2,8 (2) Report by the commission. (a) When a proposal that impacts energy policies is introduced or offered in the legislature and the commission is requested to prepare an energy impact report, the commission shall prepare the energy impact report on the proposal within 30 days after the request is submitted to the commission.

SB113-ASA1,2,11 (b) If the proposal impacts energy policies, the commission shall describe the impact contained in the proposal. The energy impact report shall include the commission's findings under sub. (3) and its conclusions under sub. (4).

SB113-ASA1,2,13 (c) An energy impact report shall be printed as an appendix to the proposal and shall be distributed in the same manner as amendments.

SB113-ASA1,2,17 (3) Findings of the commission energy impact report. The commission's energy impact report shall evaluate the potential impact of the proposal on the energy policies of the state related to the cost and reliability of electricity generation, transmission, or distribution or to fuels used in generating electricity.

SB113-ASA1,2,20 (4) Conclusion of the commission report. Based on its findings under sub. (3), the commission shall include in its energy impact report its conclusion on whether the proposal is consistent with existing energy policies.

SB113-ASA1, s. 2 Section 2. 227.117 of the statutes is created to read:

SB113-ASA1,3,9 227.117 Review of rules impacting energy policies. (1) The public service commission may conduct an energy assessment of any proposed rule submitted to the legislative council staff for review under s. 227.15 (1) if the legislative council staff determines that the rule will impact energy policy. The energy assessment shall evaluate the potential impact of the proposed rule on the energy policies of the state related to the cost and reliability of electricity generation, transmission, or distribution or to fuels used in generating electricity. If, after making such an assessment, the public service commission concludes that the proposed rule may have a significant impact on those policies, the public service commission may prepare an energy impact report. An energy impact report prepared under this subsection shall evaluate the probable impacts of the proposed rule on the state's energy policies and describe appropriate alternatives to the proposed rule that will reduce any negative impacts on those policies.

SB113-ASA1,3,12 (2) The public service commission shall submit a copy of any energy impact report prepared under sub. (1) to the legislative council staff and to the agency that proposed the rule that resulted in the report.

SB113-ASA1,3,15 (3) An agency that receives an energy impact report under sub. (2), shall consider the energy impact report before submitting the notification and report to the legislature under s. 227.19 (2) and (3).

SB113-ASA1, s. 3 Section 3. 227.19 (3) (intro.) of the statutes, as affected by 2003 Wisconsin Act 118, is amended to read:

SB113-ASA1,3,25 227.19 (3) Form of report. (intro.) The report required under sub. (2) shall be in writing and shall include the proposed rule in the form specified in s. 227.14 (1), the material specified in s. 227.14 (2) to (4), a copy of any economic impact report prepared by the agency under s. 227.137, a copy of any report prepared by the department of administration under s. 227.138, a copy of any energy impact report received by the public service commission under s. 227.117 (3), a copy of any recommendations of the legislative council staff, and an analysis. The analysis shall include:

SB113-ASA1, s. 4 Section 4. 227.19 (3) (f) of the statutes is created to read:

SB113-ASA1,4,4 227.19 (3) (f) If an energy impact report regarding the proposed rule was submitted with the report required under sub. (2), an explanation of the changes, if any, that were made in the proposed rule in response to that statement.

SB113-ASA1, s. 5 Section 5. 227.19 (3p) of the statutes is created to read:

SB113-ASA1,4,9 227.19 (3p) Energy impact report not required. The energy impact report specified under sub. (3) (f) is not required for a rule if the agency, after complying with s. 227.117, determines that the rule will not have a significant impact on energy policies.

SB113-ASA1, s. 6 Section 6. 227.19 (4) (b) 2m. of the statutes is created to read:

SB113-ASA1,4,15 227.19 (4) (b) 2m. If a committee, by a majority vote of a quorum of the committee, requests an energy impact report under s. 227.117, the review period for both committees is extended to the 10th working day following receipt by the committees of the report, to the expiration of the review period under subd. 1., or to the expiration of the review period under subd. 2., whichever is later.

SB113-ASA1,4,16 (End)