Amendment ASA2-AB755

AB755-ASA2,13,8 8. Satisfies cultural competency requirements established in rules promulgated by the commission.

AB755-ASA2,13,19 9. Certifies to the commission that not less than 30 percent of the total hours of work performed by the contractor or subcontractor on an individual improvement or application will be performed by individuals who, if the work is performed in a 1st or 2nd class city, reside in the 1st or 2nd class city, or, if the work is not performed in a 1st or 2nd class city, reside in the county in which the work is performed, and whose annual income during the year prior to performance of the work did not exceed 200 percent of the poverty level under the federal poverty income guidelines of the federal Department of Health and Human Services under 42 USC 9902 (2). The commission shall promulgate rules for making certifications under this subdivision. The rules shall provide that, once a contractor or subcontractor makes a certification under this subdivision, the certification is valid for 3 years.

AB755-ASA2,13,24 10. Certifies to the commission that an application for inclusion on the prequalification list has been executed by a principal or person employed by the applicant who has sufficient knowledge to address all matters in the application, including an attestation stating, under the penalty of perjury, that all information submitted is true, complete, and accurate.

AB755-ASA2,14,7 (b) The commission may include on the prequalification list under par. (a) a contractor or subcontractor who does not satisfy the requirement under par. (a) 3. The commission shall promulgate rules allowing a contractor or subcontractor who does not satisfy the requirement to perform work on an improvement or application for which an investment is made under a utility program or for which a political subdivision loan is made, only if no contractor or subcontractor who satisfies the requirement is available to perform the work.

AB755-ASA2,14,11 (c) Based on good cause shown by the disclosures required under par. (a) 7., the commission may disapprove a contractor or subcontractor for inclusion in the prequalification list under par. (a). The commission shall promulgate rules defining "good cause" for purposes of this paragraph.

AB755-ASA2,14,19 (d) A contractor or subcontractor shall report to the commission any material change to its business or operations that are relevant to the commission's approval to include the contractor or subcontractor in the prequalification list under par. (a). A contractor or subcontractor shall make a report required under this paragraph no later than 15 days after obtaining knowledge of the material change. If a contractor or subcontractor violates this paragraph, the commission may revoke the contractor's or subcontractor's inclusion in the prequalification list for a period of no more than 3 years.

AB755-ASA2,14,24 (e) Except for conditional approvals under par. (f), a contractor's or subcontractor's inclusion in the prequalification list under par. (a) is valid for 2 years, unless the commission revokes the inclusion under par. (d). The commission shall promulgate rules for a contractor or subcontractor to apply every 2 years for the commission to renew an approval for inclusion in the prequalification list.

AB755-ASA2,15,4 (f) The commission may conditionally approve a contractor or subcontractor for inclusion in the prequalification list under par. (a) for a period not exceeding 2 years. The commission shall set forth in writing any conditions of an approval made under this paragraph.

AB755-ASA2,15,7 (g) Prior to disapproving a contractor or subcontractor for inclusion in the prequalification list under par. (a), the commission shall provide the contractor or subcontractor with notice and opportunity to be heard.

AB755-ASA2,15,12 (h) The commission shall make the prequalification list under par. (a) available to the public. The prequalification list shall show the name, address, identification number assigned by the commission, and approval renewal date for each contractor or subcontractor. The commission shall update the prequalification list on a monthly basis and make the updated lists available to the public.

AB755-ASA2,15,18 (i) The commission shall periodically review the qualifications and performance of contractors and subcontractors included in the prequalification list under par. (a). For good cause shown, the commission may, after notice and opportunity to be heard, revoke a contractor's or subcontractor's inclusion on the prequalification list. The commission shall promulgate rules defining "good cause" for purposes of this paragraph.

AB755-ASA2,15,25 (6) Utilities. (a) A utility for which the commission authorizes a program under sub. (2) and approves a tariff under sub. (3) may include a separate line item on bills of a customer at premises benefited by an improvement or application made or installed under the program that compares the costs of the program borne by the customer with the energy or water savings resulting from the improvement or application. Notwithstanding s. 218.04, a utility need not obtain a license as a collection agency for this billing practice.

AB755-ASA2,16,4 (am) The commission shall ensure in rate-making orders that a utility recovers from its ratepayers the amounts the utility spends for a utility program that exceed the amounts recovered from billing customers for improvements and applications under a tariff approved under sub. (3).

AB755-ASA2,16,8 (as) 1. Subject to subd. 2., the commission shall ensure that a utility is allowed to earn a return on net investment rate base on the amounts that the utility expends under a program authorized under sub. (2) at a rate that is equal to the utility's overall rate of return authorized by the commission.

AB755-ASA2,16,11 2. A utility may not earn a rate of return under subd. 1. on an expenditure that is funded by a source other than the utility, including an expenditure funded by a federal or state grant or customer contribution.

AB755-ASA2,16,16 3. With respect to a customer payment that is invested under par. (c), the commission shall establish requirements for determining the portion of the payment on which the utility is eligible to earn a return under this paragraph. The portion shall be based on the amount of the payment that is attributable to an expenditure for which the utility is eligible to earn a return under this paragraph.

AB755-ASA2,16,20 (b) Any costs that an energy utility, as defined in s. 196.374 (1) (e), incurs to administer, fund, or provide administrative services for an investment made in accordance with a tariff approved under sub. (3) shall be in addition to the amounts the commission requires the energy utility to spend under s. 196.374 (3) (b) 2.

AB755-ASA2,16,23 (c) A utility shall use any payments received for improvements and applications from customers pursuant to a utility program to invest in other improvements and applications under the program.

AB755-ASA2,16,25 (d) 1. A utility shall prioritize the utility's spending on a utility program in the following manner:

AB755-ASA2,17,5 a. If the source of the spending is a federal or state grant, the utility shall give the greatest priority to improvements and applications at residential premises and the least priority to improvements and applications at nonresidential premises of customers with the greatest demand for service provided by the utility, unless the terms of the federal or state grant provide otherwise.

AB755-ASA2,17,9 b. If the source of the spending is not a federal or state grant, the utility shall give the greatest priority to improvements and applications at nonresidential premises of customers with the greatest demand for service provided by the utility and the least priority to improvements and applications at residential premises.

AB755-ASA2,17,12 c. A utility shall prioritize improvements and applications that have a similar priority under subd. 1. a. and b. by giving the greatest priority to improvements and applications that are subject to performance contracts under sub. (4) (e).

AB755-ASA2,17,15 2. The commission shall promulgate rules implementing the requirements of subd. 1. and requiring utilities to make annual reports to the commission regarding their implementation of the requirements.

AB755-ASA2,17,21 (7) Political subdivisions. (a) A political subdivision shall use any repayments of political subdivision loans to make additional political subdivision loans. This paragraph applies only to political subdivision loans made from state or federal grant moneys and, with respect to political subdivision loans made from federal grant moneys, only to the extent allowed under the federal law authorizing the grant.

AB755-ASA2,18,3 (b) A political subdivision shall prioritize spending on political subdivision loans in a manner that gives the greatest priority to improvements and applications at residential premises and the least priority to improvements and applications at nonresidential premises of utility customers with the greatest demand for service provided by utilities. This paragraph applies only to spending the source of which is a federal or state grant and, with respect to a federal grant, only to the extent allowed under the federal law authorizing the grant.

AB755-ASA2, s. 11 Section 11 . 227.01 (13) (t) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755-ASA2,18,10 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, 196.3745 (5) (a) 1., and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, 196.3745 (5) (a) 1., and 229.8275 is subject to judicial review under s. 227.40.

AB755-ASA2, s. 12 Section 12. 709.03 (form) C. 25m. of the statutes is created to read:

AB755-ASA2,18,12 709.03 (form) - See PDF for table

AB755-ASA2, s. 13 Section 13 . 946.15 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755-ASA2,19,12 946.15 (1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), 196.3745 (5) (a) 1., or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) to give up, waive, or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3) or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), 196.3745 (5) (a) 1., or 229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony.

AB755-ASA2, s. 14 Section 14 . 946.15 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755-ASA2,20,4 946.15 (2) Any person employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), 196.3745 (5) (a) 1., or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3) or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), 196.3745 (5) (a) 1., or 229.8275 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

AB755-ASA2, s. 15 Section 15 . 946.15 (3) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755-ASA2,20,17 946.15 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), 196.3745 (5) (a) 1., or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class I felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

AB755-ASA2, s. 16 Section 16 . 946.15 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755-ASA2,21,3 946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), 196.3745 (5) (a) 1., or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

AB755-ASA2, s. 17 Section 17 . Nonstatutory provisions.

AB755-ASA2,21,17 (1) By the first day of the 4th month beginning after the effective date of this subsection, the public service commission shall, using the procedure under section 227.24 of the statutes, promulgate the rules required under section 196.3745 (4) (c) 2., (d), and (e) 2., (5) (a) 8. and 9., (b), (c), (e), and (i), and (6) (d) 2., of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 196.3745 (4) (c) 2., (d), and (e) 2., (5) (a) 8. and 9., (b), (c), (e), and (i), and (6) (d) 2. of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the public service commission is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB755-ASA2,22,5 (2) If the public service commission determines to promulgate rules instead of issuing an order under section 196.374 (2) (d) of the statutes, as created by this act, then, by the first day of the 4th month beginning after the effective date of this subsection, the public service commission shall, using the procedure under section 227.24 of the statutes, promulgate rules under section 196.374 (2) (d) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 196.374 (2) (d) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the public service commission is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB755-ASA2,22,9 (3) The public service commission shall complete the initial version of the prequalification list specified in section 196.3745 (5) (a) (intro.) of the statutes, as created by this act, no later than the first day of the 3rd month beginning after the effective date of this subsection.

AB755-ASA2, s. 18 Section 18 . Initial applicability.

AB755-ASA2,22,13 (1) The treatment of sections 66.0627 (1) (a) and (d) and (8) and 196.3745 of the statutes first applies to loans made by political subdivisions on the effective date of this subsection.

AB755-ASA2,22,15 (2) The treatment of section 196.3745 (6) (d) 1. a. and (7) (b) of the statutes first applies to grants received after the effective date of this subsection.

AB755-ASA2,22,18 (3) The treatment of section 709.03 (form) C. 25m. of the statutes first applies to original real estate condition reports that are furnished on the effective date of this subsection.

AB755-ASA2, s. 19 Section 19. Effective dates. This act takes effect on the first day of the 3rd month beginning after publication, except as follows:

AB755-ASA2,22,22 (1) The treatment of section 709.03 (form) C. 25m. of the statutes and Section 18 (3 ) of this act take effect on January 1, 2011.

AB755-ASA2,22,23 (2) Section 17 (3) of this act takes effect on the day after publication.

AB755-ASA2,22,24 (End)