SB459-SSA1, s. 23 8Section 23. 16.957 (2) (d) 4. c. of the statutes is repealed.
SB459-SSA1, s. 24 9Section 24. 16.957 (3) (a) of the statutes is renumbered 16.957 (3).
SB459-SSA1, s. 25 10Section 25. 16.957 (3) (b) and (c) of the statutes are repealed.
SB459-SSA1, s. 26 11Section 26. 16.957 (4) (a) of the statutes is amended to read:
SB459-SSA1,8,1912 16.957 (4) (a) Requirement to charge public benefits low-income assistance fees.
13Each electric utility, except for a municipal utility, shall charge each customer a
14public benefits low-income assistance fee in an amount established in rules
15promulgated by the department under par. (b). An electric utility, except for a
16municipal utility, shall collect and pay the fees to the department in accordance with
17the rules promulgated under par. (b). The public benefits low-income assistance fees
18collected by an electric utility shall be considered trust funds of the department and
19not income of the electric utility.
SB459-SSA1, s. 27 20Section 27. 16.957 (4) (am) of the statutes is amended to read:
SB459-SSA1,9,221 16.957 (4) (am) Electric bills. An electric utility shall include a public benefits
22show the low-income assistance fee in the fixed charges for electricity as a separate
23line
in a customer's bill, identified as the "state low-income assistance fee," and shall
24provide the customer with an annual statement that identifies the annual charges

1for public benefits low-income assistance fees and describes the programs for which
2fees are used.
SB459-SSA1, s. 28 3Section 28. 16.957 (4) (b) (intro.) of the statutes is amended to read:
SB459-SSA1,9,84 16.957 (4) (b) Rules. (intro.) In consultation with the council, the department
5shall promulgate rules that establish the amount of a public benefits low-income
6assistance
fee under par. (a). Fees established in rules under this paragraph may
7vary by class of customer, but shall be uniform within each class, and shall satisfy
8each of the following:
SB459-SSA1, s. 29 9Section 29. 16.957 (4) (c) (title) of the statutes is amended to read:
SB459-SSA1,9,1010 16.957 (4) (c) (title) Amount of public benefits low-income assistance fees.
SB459-SSA1, s. 30 11Section 30. 16.957 (4) (c) 1. (intro.) of the statutes is amended to read:
SB459-SSA1,9,1912 16.957 (4) (c) 1. `Low-income funding from fee.' (intro.) In fiscal year
131999-2000, a portion of the public benefits fee shall be an amount that, when added
14to 50% of the estimated public benefits fees charged by municipal utilities and retail
15electric cooperatives under sub. (5) (a) for that fiscal year, shall equal $24,000,000.

16In each fiscal year after fiscal year 1999-2000, a portion of the public benefits, the
17low-income assistance
fee shall be an amount that, when added to the sum of the
18following shall equal the low-income need target for that fiscal year determined by
19the department under sub. (2) (d) 1.:
SB459-SSA1, s. 31 20Section 31. 16.957 (4) (c) 1. a. of the statutes is amended to read:
SB459-SSA1,9,2321 16.957 (4) (c) 1. a. Fifty percent of the estimated public benefits The estimated
22low-income assistance fees charged by municipal utilities and retail electric
23cooperatives under sub. (5) (a) for that fiscal year.
SB459-SSA1, s. 32 24Section 32. 16.957 (4) (c) 1. c. of the statutes is amended to read:
SB459-SSA1,10,3
116.957 (4) (c) 1. c. The total amount spent on programs or contributed to the
2commission
by utilities under s. 196.374 (3), 2003 stats., for that fiscal year for
3low-income assistance.
SB459-SSA1, s. 33 4Section 33. 16.957 (4) (c) 2. of the statutes is repealed.
SB459-SSA1, s. 34 5Section 34. 16.957 (4) (c) 3. of the statutes is amended to read:
SB459-SSA1,10,146 16.957 (4) (c) 3. `Limitation on electric bill increases.' For the period beginning
7on October 29, 1999, and ending on June 30, 2008, the
The total increase in a
8customer's monthly electric bills bill that is based on the requirement to pay public
9benefits
low-income assistance fees, including any increase resulting from an
10electric utility's compliance with this section, may not exceed 3% of the total of every
11other charge for which the customer is billed for that period month or $750 per
12month
, whichever is less. To reflect changes in the consumer price index for all urban
13consumers, U.S. city average, as determined by the U.S. department of labor, the
14commission shall make annual adjustments to the amount of $750.
SB459-SSA1, s. 35 15Section 35. 16.957 (5) (a) of the statutes is amended to read:
SB459-SSA1,10,2316 16.957 (5) (a) Requirement to charge public benefits low-income assistance fees.
17Each retail electric cooperative and municipal utility shall charge a monthly public
18benefits
low-income assistance fee to each customer or member in an amount that
19is sufficient for the retail electric cooperative or municipal utility to collect an annual
20average of $16 $8 per meter. A retail electric cooperative or municipal utility may
21determine the amount that a particular class of customers or members is required
22to pay under this paragraph and may charge different fees to different classes of
23customers or members.
SB459-SSA1, s. 36 24Section 36. 16.957 (5) (am) of the statutes is amended to read:
SB459-SSA1,11,11
116.957 (5) (am) Public benefits Low-income assistance fee restriction.
2Notwithstanding par. (a), for the period beginning on October 29, 1999, and ending
3on June 30, 2008,
the total increase in a customer's or member's monthly electric
4bills bill that is based on the requirement to pay public benefits low-income
5assistance
fees, including any increase resulting from a retail electric cooperative's
6or municipal utility's compliance with this section, may not exceed 3% 1.5 percent of
7the total of every other charge for which the member or customer is billed for that
8period month or $750 per month $375, whichever is less. To reflect changes in the
9consumer price index for all urban consumers, U.S. city average, as determined by
10the U.S. department of labor, the commission shall make annual adjustments to the
11amount of $375.
SB459-SSA1, s. 37 12Section 37. 16.957 (5) (b) of the statutes is repealed and recreated to read:
SB459-SSA1,11,1613 16.957 (5) (b) Commitment to community programs. 1. Except as provided in
14subd. 2., annually, each retail electric cooperative and municipal utility shall spend
15on commitment to community programs an amount equal to the fees that the
16cooperative or utility charges under par. (a) in that year.
SB459-SSA1,12,217 2. No later than October 1, 2007, and no later than every 3rd year after that
18date, each municipal utility or retail electric cooperative shall notify the department
19whether the utility or cooperative has elected to contribute the fees that the utility
20or cooperative charges under par. (a) to the programs established under sub. (2) (a)
21in each year of the 3-year period for which the utility or cooperative has made the
22election. If a municipal utility or retail electric cooperative elects to contribute to the
23programs established under sub. (2) (a), the utility or cooperative shall pay the
24low-income assistance fees that the utility or cooperative collects under par. (a) to

1the department in each year of the 3-year period for which the utility or cooperative
2has made the election.
SB459-SSA1, s. 38 3Section 38. 16.957 (5) (c) and (d) of the statutes are repealed.
SB459-SSA1, s. 39 4Section 39. 16.957 (5) (e) (intro.) and 1. of the statutes are consolidated,
5renumbered 16.957 (5) (e) and amended to read:
SB459-SSA1,12,156 16.957 (5) (e) Wholesale supplier credit. If a wholesale supplier has established
7a commitment to community program for low-income assistance or an energy
8conservation program
, a municipal utility or retail electric cooperative that is a
9customer or member of the wholesale supplier may do any of the following: 1. Include
10include an amount equal to the product of the municipal utility's or retail electric
11cooperative's wholesale supply percentage and the amount that the wholesale
12supplier has spent on low-income assistance the commitment to community
13program
in a fiscal year in calculating the amount that the municipal utility or retail
14electric cooperative has spent on low-income assistance commitment to community
15programs
in that fiscal year under par. (d) 2. b. or 3. a. (b) 1.
SB459-SSA1, s. 40 16Section 40. 16.957 (5) (e) 2. of the statutes is repealed.
SB459-SSA1, s. 41 17Section 41. 16.957 (5) (f) of the statutes is amended to read:
SB459-SSA1,12,2118 16.957 (5) (f) Joint programs. Municipal utilities or retail electric cooperatives
19may establish joint commitment to community programs, except that each municipal
20utility or retail electric cooperative that participates in a joint program is required
21to comply with the spending requirements under par. (d) (b) 1.
SB459-SSA1, s. 42 22Section 42. 16.957 (5) (g) 1. (intro.) of the statutes is amended to read:
SB459-SSA1,13,423 16.957 (5) (g) 1. (intro.) For each fiscal year Annually, each municipal utility
24and retail electric cooperative that does not pay 100% of the public benefits fee
25spends the low-income assistance fees that it the utility or cooperative charges

1under par. (a) to the department under par. (c) shall file a report with the department
2on commitment to community programs under par. (b) 1. shall provide for an
3independent audit of its programs and submit a report to the department
that
4describes each of the following:
SB459-SSA1, s. 43 5Section 43. 16.957 (5) (g) 1. a. of the statutes is amended to read:
SB459-SSA1,13,106 16.957 (5) (g) 1. a. An accounting of public benefits low-income assistance fees
7charged to customers or members under par. (a) in the fiscal year and expenditures
8on commitment to community programs under par. (d) (b) 1., including any amounts
9included in the municipal utility's or retail electric cooperative's calculations under
10par. (e).
SB459-SSA1, s. 44 11Section 44. 16.957 (5) (g) 1. b. of the statutes is amended to read:
SB459-SSA1,13,1312 16.957 (5) (g) 1. b. A description of commitment to community programs
13established by the municipal utility or retail electric cooperative in the fiscal year.
SB459-SSA1, s. 45 14Section 45. 16.957 (5) (g) 2. of the statutes is amended to read:
SB459-SSA1,13,1815 16.957 (5) (g) 2. The department shall require that municipal utilities and
16retail electric cooperatives file reports under subd. 1. electronically, in a format that
17allows for tabulation, comparison, and other analysis of the reports.
The department
18shall maintain reports filed under subd. 1. for at least 6 years.
SB459-SSA1, s. 46 19Section 46. 20.505 (3) (s) of the statutes is amended to read:
SB459-SSA1,13,2420 20.505 (3) (s) Energy conservation and efficiency and renewable resource grants
21Transfer to air quality improvement fund. From the utility public benefits fund, a
22sum sufficient for energy conservation and efficiency and renewable resource grants
23under s. 16.957 (2) (b) 1. and
to make the transfer to the air quality improvement fund
24under s. 16.958 (2) (a).
SB459-SSA1, s. 47 25Section 47. 20.924 (1) (j) of the statutes is created to read:
SB459-SSA1,14,7
120.924 (1) (j) Shall not enter into any lease or other contract that provides for
2the construction of any building, structure, or facility, or portion thereof, for initial
3occupancy by the state and that contains an option for the state to purchase the
4building, structure, or facility unless the seller or lessor agrees that all equipment
5to be installed as a component of the building, structure, or facility that relates to any
6function that consumes energy meets applicable requirements for state building
7projects under s. 16.855 (10s) (a).
SB459-SSA1, s. 48 8Section 48. 25.96 of the statutes is amended to read:
SB459-SSA1,14,13 925.96 Utility public benefits fund. There is established a separate
10nonlapsible trust fund designated as the utility public benefits fund, consisting of
11deposits by the public service commission under s. 196.374 (3), public benefits
12low-income assistance
fees received under s. 16.957 (4) (a) and (5) (c) and (d) and
13contributions received under s. 16.957 (2) (c) 4. and (d) 2.
(b) 2.
SB459-SSA1, s. 49 14Section 49. 76.28 (1) (d) of the statutes is amended to read:
SB459-SSA1,15,2515 76.28 (1) (d) "Gross revenues" for a light, heat and power company other than
16a qualified wholesale electric company or a transmission company means total
17environmental control charges paid to the company under a financing order issued
18under s. 196.027 (2) and total operating revenues as reported to the public service
19commission except revenues for interdepartmental sales and for interdepartmental
20rents as reported to the public service commission and deductions from the sales and
21use tax under s. 77.61 (4), except that the company may subtract from revenues
22either the actual cost of power purchased for resale, as reported to the public service
23commission, by a light, heat and power company, except a municipal light, heat and
24power company, that purchases under federal or state approved wholesale rates
25more than 50% of its electric power from a person other than an affiliated interest,

1as defined in s. 196.52 (1), if the revenue from that purchased electric power is
2included in the seller's gross revenues or the following percentages of the actual cost
3of power purchased for resale, as reported to the public service commission, by a
4light, heat and power company, except a municipal light, heat and power company
5that purchases more than 90% of its power and that has less than $50,000,000 of
6gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on
7May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a
8qualified wholesale electric company, "gross revenues" means total business
9revenues from those businesses included under par. (e) 1. to 4. For a transmission
10company, "gross revenues" means total operating revenues as reported to the public
11service commission, except revenues for transmission service that is provided to a
12public utility that is subject to the license fee under sub. (2) (d), to a public utility, as
13defined in s. 196.01 (5), or to a cooperative association organized under ch. 185 for
14the purpose of providing electricity to its members only. For an electric utility, as
15defined in s. 16.957 (1) (g), "gross revenues" does not include public benefits
16low-income assistance fees collected by the electric utility under s. 16.957 (4) (a) or
17(5) (a). For a generator public utility, "gross revenues" does not include any grants
18awarded to the generator public utility under s. 16.958 (2) (b). For a wholesale
19supplier, as defined in s. 16.957 (1) (w), "gross revenues" does not include any public
20benefits
low-income assistance fees that are received from a municipal utility or
21retail electric cooperative or under a joint program established under s. 16.957 (5)
22(f). For a municipal utility, "gross revenues" does not include public benefits
23low-income assistance fees received by the municipal utility from a municipal utility
24or retail electric cooperative under a joint program established under s. 16.957 (5)
25(f).
SB459-SSA1, s. 50
1Section 50. 76.48 (1g) (d) of the statutes is amended to read:
SB459-SSA1,16,192 76.48 (1g) (d) "Gross revenues" means total operating revenues, except
3revenues for interdepartmental sales and for interdepartmental rents, less
4deductions from the sales and use tax under s. 77.61 (4) and, in respect to any electric
5cooperative that purchases more than 50% of the power it sells, less the actual cost
6of power purchased for resale by an electric cooperative, if the revenue from that
7purchased electric power is included in the seller's gross revenues or if the electric
8cooperative purchased more than 50% of the power it sold in the year prior to
9January 1, 1988, from a seller located outside this state. For an electric cooperative,
10"gross revenues" does not include grants awarded to the electric cooperative under
11s. 16.958 (2) (b). For a retail electric cooperative, "gross revenues" does not include
12public benefits low-income assistance fees collected by the retail electric cooperative
13under s. 16.957 (5) (a), public benefits low-income assistance fees received by the
14retail electric cooperative from a retail electric cooperative or municipal utility under
15a joint program established under s. 16.957 (5) (f). For a wholesale supplier, as
16defined in s. 16.957 (1) (w), "gross revenues" does not include any public benefits
17low-income assistance fees that are received from a municipal utility, as defined in
18s. 16.957 (1) (q), or retail electric cooperative or under a joint program established
19under s. 16.957 (5) (f).
SB459-SSA1, s. 51 20Section 51. 77.54 (44) of the statutes is amended to read:
SB459-SSA1,16,2221 77.54 (44) The gross receipts from the collection of public benefits low-income
22assistance
fees that are charged under s. 16.957 (4) (a) or (5) (a).
SB459-SSA1, s. 52 23Section 52. 79.005 (4) (d) of the statutes is amended to read:
SB459-SSA1,17,224 79.005 (4) (d) Replacing steam generating equipment at a combustion-based
25renewable facility, as defined in s. 196.378 (1) (g), that is located in this state, to

1increase efficiency or capacity, if the facility remains a combustion-based renewable
2facility, as defined in s. 196.378 (1) (g), after replacing the equipment.
SB459-SSA1, s. 53 3Section 53. 101.027 (1) (intro.) and (a) of the statutes are consolidated,
4renumbered 101.027 (1) and amended to read:
SB459-SSA1,17,85 101.027 (1) In this section: (a) "Energy, "energy conservation code" means the
6energy conservation code promulgated by the department that sets design
7requirements for construction and equipment for the purpose of energy conservation
8in public buildings and places of employment.
SB459-SSA1, s. 54 9Section 54. 101.027 (1) (b) of the statutes is repealed.
SB459-SSA1, s. 55 10Section 55. 101.027 (2) of the statutes is amended to read:
SB459-SSA1,18,211 101.027 (2) The department shall review the energy conservation code and
12shall promulgate rules that change the requirements of the energy conservation code
13to improve energy conservation. No rule may be promulgated that has not taken into
14account the cost of the energy conservation code requirement, as changed by the rule,
15in relationship to the benefits derived from that requirement, including the
16reasonably foreseeable economic and environmental benefits to the state from any
17reduction in the use of imported fossil fuel. The proposed rules changing the energy
18conservation code shall be submitted to the legislature in the manner provided under
19s. 227.19. In conducting a review under this subsection, the department shall
20consider incorporating, into the energy conservation code, design requirements from
21the most current national energy efficiency design standards, including standard
2290.1 - 1989
the International Energy Conservation Code or an energy efficiency code
23other than standard 90.1 - 1989 the International Energy Conservation Code if that
24energy efficiency code is used to prescribe design requirements for the purpose of

1conserving energy in buildings and is generally accepted and used by engineers and
2the construction industry.
SB459-SSA1, s. 56 3Section 56. 101.027 (3) (a) 1. of the statutes is amended to read:
SB459-SSA1,18,54 101.027 (3) (a) 1. A revision of standard 90.1 - 1989 the International Energy
5Conservation Code
is published.
SB459-SSA1, s. 57 6Section 57. 101.027 (3) (a) 2. of the statutes is amended to read:
SB459-SSA1,18,97 101.027 (3) (a) 2. Five Three years have passed from the date on which the
8department last submitted to the legislature proposed rules changing the energy
9conservation code.
SB459-SSA1, s. 58 10Section 58. 101.027 (3) (b) 1. of the statutes is amended to read:
SB459-SSA1,18,1711 101.027 (3) (b) 1. If the department begins a review under sub. (2) because a
12revision of standard 90.1 - 1989 the International Energy Conservation Code is
13published, the department shall complete its review of the energy conservation code,
14as defined in sub. (1),
and submit to the legislature proposed rules changing the
15energy conservation code, as defined in sub. (1), no later than 18 months after the
16date on which the revision of standard 90.1 - 1989 the International Energy
17Conservation Code
is published.
SB459-SSA1, s. 59 18Section 59. 101.027 (3) (b) 2. of the statutes is amended to read:
SB459-SSA1,18,2419 101.027 (3) (b) 2. If the department begins a review under sub. (2) because 5
203 years have passed from the date on which the department last submitted to the
21legislature proposed rules changing the energy conservation code, the department
22shall complete its review of the energy conservation code and submit to the
23legislature proposed rules changing the energy conservation code no later than 9
24months after the last day of the 5-year 3-year period.
SB459-SSA1, s. 60 25Section 60. 196.025 (1) (title) of the statutes is created to read:
SB459-SSA1,19,1
1196.025 (1) (title) State energy policy.
SB459-SSA1, s. 61 2Section 61. 196.025 (1) of the statutes is renumbered 196.025 (1) (a) and
3amended to read:
SB459-SSA1,19,84 196.025 (1) (a) Consideration of energy priorities. To Except as provided in
5pars. (b) to (d), to
the extent cost-effective, technically feasible and environmentally
6sound, the commission shall implement the priorities under s. 1.12 (4) in making all
7energy-related decisions and orders, including advance plan strategic energy
8assessment
, rate setting and rule-making orders.
SB459-SSA1, s. 62 9Section 62. 196.025 (1) (b) to (d) of the statutes are created to read:
SB459-SSA1,19,1610 196.025 (1) (b) Energy conservation and efficiency. In a proceeding regarding
11a request by an investor-owned electric public utility or wholesale supplier, as
12defined in s. 16.957 (1) (w), under s. 196.49, 196.491 (3), or 196.80 for authority to
13acquire, construct, install, or operate any plant, equipment, property, or facility, the
14commission is not required to evaluate energy conservation and efficiency as an
15element of or alternative to the proposal if the commission has fulfilled all of its
16duties and responsibilities under s. 196.374 and one of the following applies:
SB459-SSA1,19,1817 1. If the applicant is an investor-owned electric public utility, the applicant has
18satisfied the requirements of s. 196.374 for that year, as specified in s. 196.374 (8).
SB459-SSA1,19,2119 2. If the applicant is a wholesale supplier, as defined in s. 16.957 (1) (w), the
20commission determines that the applicant's members are in the aggregate
21substantially in compliance with s. 196.374 (7).
SB459-SSA1,19,2222 (c) Renewable resources. 1. In this paragraph:
SB459-SSA1,19,2323 a. "Renewable resource" has the meaning given in s. 196.374 (1) (j).
SB459-SSA1,19,2424 b. "Wholesale supplier" has the meaning given in s. 16.957 (1) (w).
SB459-SSA1,20,6
12. In a proceeding regarding a request by an investor-owned electric public
2utility or wholesale supplier under s. 196.49, 196.491 (3), or 196.80 for authority to
3acquire, construct, install, or operate any plant, equipment, property, or facility, the
4commission is not required to consider renewable resources as an element of or
5alternative to the proposal if the commission has fulfilled all of its duties and
6responsibilities under s. 196.378 and one of the following applies:
SB459-SSA1,20,87 a. If the applicant is an investor-owned electric public utility, the applicant is
8in compliance with the requirements of s. 196.378 (2) for that year.
SB459-SSA1,20,119 b. If the applicant is a wholesale supplier, the commission determines that the
10applicant's members are in the aggregate substantially in compliance with s. 196.378
11(2).
SB459-SSA1,20,1612 (d) Transmission facilities. In a proceeding regarding a request by a public
13utility under s. 196.49, 196.491 (3), or 196.80, to acquire, construct, install, or operate
14an electric transmission facility or associated equipment, the commission is not
15required to find that approval of the proposal would implement the policies under s.
161.12 (4).
SB459-SSA1, s. 63 17Section 63. 196.025 (1m) (title) of the statutes is created to read:
SB459-SSA1,20,1818 196.025 (1m) (title) Transmission corridors.
SB459-SSA1, s. 64 19Section 64. 196.025 (2) (title) of the statutes is created to read:
SB459-SSA1,20,2020 196.025 (2) (title) Environmental impacts.
SB459-SSA1, s. 65 21Section 65. 196.025 (2m) (title) of the statutes is created to read:
SB459-SSA1,20,2222 196.025 (2m) (title) Coordination with department of natural resources.
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