SB517: Bill Text

SB517,13,6 (f) "Electric utility" means a public utility that generates, transmits, delivers or furnishes electricity.

SB517,13,8 (g) "Energy conservation program" means a program for reducing the demand for electricity during any period.

SB517,13,9 (h) "Fiscal year" has the meaning given in s. 655.001 (6).

SB517,13,11 (i) "Load management program" means a program for reducing the demand for electricity during an electric provider's period of maximum demand.

SB517,13,14 (j) "Local unit of government" means the governing body of any county, city, town, village or county utility district or the elected tribal governing body of a federally recognized American Indian tribe or band.

SB517,13,16 (k) "Low-income assistance" means assistance to low-income households for weatherization and energy conservation services or payment of energy bills.

SB517,13,21 (L) "Low-income household" means any individual or group of individuals in this state who are living together as one economic unit and for whom residential electricity is customarily purchased in common or who make undesignated payments for electricity in the form of rent, and whose household income is not more than 150% of the poverty line as determined under 42 USC 9902 (2).

SB517,13,25 (m) "Low-income need" means the amount obtained by subtracting from the total low-income electricity bills in a fiscal year the product of 2.2% of the average annual income of low-income households in this state in that fiscal year multiplied by the number of low-income households in this state in that fiscal year.

SB517,14,2 (n) "Low-income need percentage" means the percentage that results from dividing $105,000,000 by the amount of low-income need in a fiscal year.

SB517,14,4 (o) "Low-income need target" means the product of the low-income need percentage in a fiscal year multiplied by low-income need in that fiscal year.

SB517,14,6 (p) "Municipal utility" means an electric utility that is owned or operated wholly by a municipality.

SB517,14,7 (q) "Renewable resource" has the meaning given in s. 196.378 (1) (g).

SB517,14,9 (r) "Retail cooperative" means a cooperative association organized under ch. 185 for the purpose of providing electricity at retail to its members only.

SB517,14,12 (s) "Total low-income electricity bills" means the total amount that all low-income households are billed for residential electricity by electric providers in a fiscal year.

SB517,14,14 (t) "Wholesale cooperative" means a cooperative association organized under ch. 185 for the purpose of providing electricity at wholesale to its members only.

SB517,14,17 (tm) "Wholesale percentage of capacity" means the percentage of a municipal utility's or retail cooperative's capacity in a fiscal year that is supplied by a wholesale supplier.

SB517,14,19 (u) "Wholesale supplier" means a wholesale supplier of electricity, including a wholesale cooperative, to a municipal utility or retail cooperative.

SB517,14,20 (2) Board duties. The board shall do all of the following:

SB517,15,3 (a) After holding a hearing, establish programs to be administered by the department of administration through the division of housing for awarding grants from the appropriation under s. 20.155 (1m) (r) to provide low-income assistance. A hearing under this paragraph may not be a hearing under s. 227.42 or 227.44. In each fiscal year, no less than the amount obtained from subtracting from $50,000,000 the sum of all moneys received under 42 USC 6861 to 6873 in a fiscal year shall be awarded under this paragraph in grants for low-income assistance other than payment of energy bills.

SB517,15,6 (b) Subject to par. (d), after holding a hearing that is not a hearing under s. 227.42 or 227.44, establish and administer programs for awarding grants from the appropriation under s. 20.155 (1m) (r) for each of the following:

SB517,15,14 1. Proposals for providing energy conservation or efficiency services. In awarding grants under this subdivision, the board shall give priority to proposals directed at the sectors of energy conservation or efficiency markets that are least competitive and at promoting environmental protection or rural economic development. In each fiscal year, no less than 1.75% of the amount obtained by subtracting from the appropriation under s. 20.155 (1m) (r) the amount awarded under par. (a) shall be awarded in grants for research and development proposals regarding the environmental impacts of the electric industry.

SB517,15,21 2. Proposals for encouraging the development or use of customer applications of renewable resources, including educating customers about renewable resources or encouraging uses of renewable resources by customers or encouraging research technology transfers. In each fiscal year, the board shall ensure that no less than 4.5% of the amount obtained by subtracting from the appropriation under s. 20.155 (1m) (r) the amount awarded under par. (a) shall be awarded in grants under this subdivision.

SB517,15,23 (bm) The board may award grants under par. (b) only for proposals that are consistent with strategic planning decisions of the commission.

SB517,15,25 (c) For each fiscal year after 1998-99, determine the low-income need target for that fiscal year.

SB517,16,5 (d) For each fiscal year after 2000-01, determine whether to continue, discontinue or reduce any of the programs established under par. (b) and determine the total amount necessary to fund the programs that the board determines to continue or reduce under under this paragraph. An amount determined under this paragraph may not be more than $112,000,000.

SB517,16,6 (e) Promulgate rules establishing all of the following:

SB517,16,11 1. Eligibility requirements for low-income assistance under programs established under par. (a). The rules shall prohibit a person who receives low-income assistance from a municipal utility or retail cooperative under a program specified in sub. (5) (d) 2. b. or 3. a. from receiving low-income assistance under programs established under par. (a).

SB517,16,13 2. Requirements and procedures for applications for grants awarded under programs established under par. (a) or (b).

SB517,16,18 3. Requirements and procedures that allow an interested person, including a member of the public, to intervene in a hearing under par. (a) or (b) (intro.) and allow the board to award compensation from the appropriation under s. 20.155 (1m) (s) to a person that is not an electric provider for some or all of the reasonable costs of intervening in a hearing if the board finds any of the following:

SB517,16,21 a. That the intervention is necessary to provide an adequate presentation of a significant position in which the person has a substantial interest and that an adequate presentation would not be possible without compensation.

SB517,16,24 b. That the intervention has provided a significant contribution to the establishment of a program and has caused a significant financial hardship to the person.

SB517,17,3 (f) Encourage voluntary contributions to assist in funding the programs established under pars. (a) and (b). The board shall deposit all contributions received under this paragraph in the public benefits and energy assistance fund.

SB517,17,18 (g) Promulgate rules that require electric utilities to allow customers to include voluntary contributions to assist in funding a commitment to community program or a program established under par. (a) or (b) with bill payments for electric service. The rules may require an electric utility to provide a space on an electric bill in which a customer may indicate the amount of a voluntary contribution and the customer's preference regarding whether a contribution should be used for a commitment to community program or a program established under par. (a) or (b) 1. or 2. The rules shall establish requirements and procedures for electric utilities to pay to the board any voluntary contributions included with bill payments, except for voluntary contributions to a commitment to community program that are received by a municipal utility that is required under sub. (5) (d) to spend the access fees that it charges on the commitment to community program, and to report customer preferences regarding use of the contributions. The board shall deposit all contributions received under this paragraph in the public benefits and energy assistance fund.

SB517,17,20 (h) Deposit all moneys received under sub. (4) (a) or (5) (c) or (d) in the public benefits and energy assistance fund.

SB517,17,24 (3) Contracts. (a) The division of housing shall, on the basis of competitive bids, contract with a community action agency described in s. 46.30 (2) (a) 1., a nonstock, nonprofit corporation organized under ch. 181 or a local unit of government to administer a program established under sub. (2) (a).

SB517,18,4 (b) The board may, on the basis of competitive bids, contract with a community action agency described in s. 46.30 (2) (a) 1., a nonstock, nonprofit corporation organized under ch. 181 or a local unit of government to administer a program established under sub. (2) (b).

SB517,18,9 (4) Electric utilities. (a) Requirement to charge access fees. Each electric utility, except for a municipal utility, shall charge each customer an access fee in an amount established in rules promulgated by the board under par. (b). An electric utility, except for a municipal utility, shall collect and, except as provided in par. (d) 2., pay the fees to the board in accordance with the rules promulgated under par. (b).

SB517,18,18 (b) Rules. The board shall promulgate rules that establish the amount of an access fee that an electric utility shall charge a customer under par. (a) and requirements and procedures for an electric utility to collect and pay the fees to the board. Rules promulgated under this paragraph may allow an electric utility to charge different fees to different classes of customers, but no class of customers may be required to pay, in the aggregate, a disproportionate amount in comparison to any other class of customers. The rules shall prohibit an electric utility from itemizing an access fee on a customer's bill unless other nonfuel costs are also itemized on the bill.

SB517,18,20 (c) Amount of access fees. A fee established in rules promulgated under par. (b) shall satisfy each of the following:

SB517,19,7 1. In fiscal year 1998-99, a portion of the fee shall be in an amount that is sufficient for the board to receive from all electric utilities the amount obtained by subtracting from $105,000,000 the sum of all moneys received under 42 USC 8621 to 8629 and 42 USC 6861 to 6873 for that fiscal year and 50% of the access fees charged by municipal utilities and retail cooperatives under sub. (5) (a) for that fiscal year. In each fiscal year after fiscal year 1998-99, the portion of the fee specified in this subdivision shall be in amount that is sufficient for the board to receive from all electric utilities the amount obtained by subtracting from the amount of the low-income need target determined by the board for that fiscal year under sub. (2) (c) the sum of all moneys received under 42 USC 8621 to 8629 and 42 USC 6861 to 6873 for that fiscal year and 50% of the access fees charged by municipal utilities and retail cooperatives under sub. (5) (a) for that fiscal year.

SB517,19,18 2. For fiscal years 1998-99, 1999-2000 and 2000-01, a portion of the fee shall be in an amount that is sufficient for the board to receive from all electric utilities the amount obtained by subtracting from $112,000,000 20% of the access fees charged by municipal utilities and retail cooperatives under sub. (5) (a) for that fiscal year. For each fiscal year after 2000-01, if the board determines under sub. (2) (d) to discontinue or reduce a program established under sub. (2) (b), the portion of the fee specified in this subdivision shall be in an amount that is sufficient for the board to receive from all electric utilities the amount obtained by subtracting from the amount of funding determined by the board under sub. (2) (d) 20% of the access fees charged by municipal utilities and retail cooperatives under sub. (5) (a) for that fiscal year.

SB517,19,20 3. The amount of a fee paid by a customer of an electric utility shall be based on the number of meters that provide service to the customer.

SB517,19,23 4. Except as provided in subd. 5., the average annual amount of a fee paid by a customer of an electric municipal utility per meter may be no less than $13.16 nor more than $15.79.

SB517,20,2 5. For the period beginning on the effective date of this subdivision .... [revisor inserts date], and ending on June 30, 2008, the total amount of a fee charged to a customer of an electric utility may not exceed 3% of the total of every other charge for which a customer is billed for that period.

SB517,20,5 (d) Energy conservation programs. 1. An electric utility shall spend the following percentage of the access fees that it collects under par. (a) on energy conservation programs under s. 196.374:

SB517,20,6 a. In fiscal year 1999-2000, 75%.

SB517,20,7 b. In fiscal year 2000-01, 50%.

SB517,20,8 c. In fiscal year 2001-02, 25%.

SB517,20,11 2. An electric or gas utility shall deduct from the amount that the electric utility is required to pay to the board under par. (a) an amount equal to the amount that it is required to spend under subd. 1.

SB517,20,12 3. This paragraph does not apply after June 30, 2002.

SB517,20,19 (5) Municipal utilities and retail cooperatives. (a) Requirement to charge access fees. Each retail cooperative and municipal utility shall charge an access fee to each customer or member in amount that is sufficient for the retail cooperative or municipal utility to collect an annual average of $13.16 for each meter that provides service to each customer or member. A retail cooperative or municipal utility may determine the amount that a particular customer or member or particular class of customers or members is required to pay under this paragraph.

SB517,20,24 (am) Access fee restriction. Notwithstanding par. (a), for the period beginning on the effective date of this paragraph .... [revisor inserts date], and ending on June 30, 2008, the total amount of a fee charged to a customer or member under par. (a) may not exceed 3% of the total of every other charge for which a member or customer is billed for that period.

SB517,21,5 (b) Election to contribute to board programs. 1. No later than the first day of the 12th month beginning after the effective date of this subdivision .... [revisor inserts date], each municipal utility or retail cooperative shall notify the board whether it has elected to contribute to the programs established under sub. (2) (a) or (b) for a 3-year period.

SB517,21,8 2. No later than every 3rd year after the date specified in subd. 1., each municipal utility or retail cooperative shall notify the board whether it has elected to contribute to the programs established under sub. (2) (a) or (b) for a 3-year period.

SB517,21,12 (c) Full contribution. If a municipal utility or retail cooperative elects under par. (b) 1. or 2. to contribute to the programs established both under sub. (2) (a) and under sub. (2) (b), it shall pay 100% of the access fees that it charges under par. (a) to the board in each fiscal year of the 3-year period for which it has made the election.

SB517,21,17 (d) Partial contributions. A municipal utility or retail cooperative not specified in par. (c) may use no more than 10% of the access fees that it charges under par. (a) to compensate a wholesale supplier for costs incurred by the wholesale supplier in satisfying a renewable resource percentage requirement under s. 196.378 (2) (a) and shall do one of the following:

SB517,21,21 1. If the municipal utility or retail cooperative elects to contribute only to the programs established under sub. (2) (a), the municipal utility or retail cooperative shall, in each fiscal year of the 3-year period for which it elects to contribute under par. (b) 1. or 2., do all of the following:

SB517,21,23 a. Pay no less than 50% of the access fees that it charges under par. (a) to the board.

SB517,22,2 b. Spend no less than 20% of the access fees that it charges under par. (a) on energy conservation programs. No more than 10% of the amount that a municipal utility or retail cooperative spends on energy conservation programs under this subd. 1. b. may be spent on load management programs.

SB517,22,4 c. Spend any remaining amounts on community assistance or load management programs.

SB517,22,8 2. If the municipal utility or retail cooperative elects to contribute only to the programs established under sub. (2) (b), the municipal utility or retail cooperative shall, in each fiscal year of the 3-year period for which it elects to contribute under par. (b) 1. or 2., do all of the following:

SB517,22,9 a. Pay 20% of the access fees that it charges under par. (a) to the board.

SB517,22,11 b. Spend no less than 50% of the access fees that it charges under par. (a) on programs for low-income assistance.

SB517,22,13 c. Spend any remaining amounts on community assistance or load management programs.

SB517,22,17 3. If the municipal utility or retail cooperative elects not to contribute to any of the programs established under sub. (2) (a) or (b), the municipal utility or retail cooperative shall, in each fiscal year of the 3-year period for it which elects not to contribute under par. (b) 1. or 2., do all of the following:

SB517,22,19 a. Spend no less than 50% of the access fees that it charges under par. (a) on programs for low-income assistance.

SB517,22,23 b. Spend no less than 20% of the access fees that it charges under par. (a) on energy conservation programs. No more than 10% of the amount that a municipal utility or retail cooperative spends on energy conservation programs under this subd. 3. b. may be spent on load management programs.

SB517,22,25 c. Spend any remaining amounts on community assistance or load management programs.

SB517,23,3 (e) Wholesale supplier credit. If a wholesale supplier of a municipal utility or retail cooperative has established a commitment to community program, the municipal utility or retail cooperative may do any of the following:

SB517,23,8 1. Include an amount equal to the product of the municipal utility's or retail cooperative's wholesale supply percentage and the amount that the wholesale supplier has spent on low-income assistance in a fiscal year in calculating the amount that the municipal utility or retail cooperative has spent on low-income assistance in that fiscal year under par. (d) 2. b. or 3. a.

SB517,23,13 2. Include an amount equal to the product of the municipal utility's or retail cooperative's wholesale supply percentage and the amount that the wholesale supplier has spent on energy conservation programs in a fiscal year in calculating the amount that the municipal utility or retail cooperative has spent on energy conservation programs under par. (d) 1. b. or 3. b.

SB517,23,17 (f) Joint programs. Municipal utilities or retail cooperatives may establish joint commitment to community programs, except that each municipal utility or retail cooperative that participates in a joint program is required to comply with the spending requirements under par. (d).

SB517,23,21 (g) Reports. 1. For each fiscal year, each municipal utility and retail cooperative that does not pay 100% of the access fee that it charges under par. (a) to the board under par. (c) shall file a report with the secretary of state that describes each of the following:

SB517,23,25 a. An accounting of access fees charged to customers or members under par. (a) in the fiscal year and expenditures on commitment to community programs under par. (d), including any amounts included in the municipal utility's or retail cooperative's calculations under par. (e).

SB517,24,2 b. A description of commitment to community programs established by the municipal utility or retail cooperative in the fiscal year.

SB517,24,4 2. The secretary of state shall maintain reports filed under subd. 1. for a period of at least 6 years.

SB517, s. 12 Section 12. Nonstatutory provisions.

SB517,24,10 (1) Initial appointments to public benefits and energy assistance board. Notwithstanding section 15.792 (1) (b) (intro.) of the statutes, as created by this act, the following initial members of the public benefits and energy assistance board shall be appointed by the first day of the 3rd month beginning after the effective date of this paragraph for the following terms:

SB517,24,12 (a) The members specified in section 15.792 (1) (b) 3., 4. and 9. of the statutes, as created by this act, for terms expiring on July 1, 1999.

SB517,24,14 (b) The members specified in section 15.792 (1) (b) 1., 2., 8. and 10. of the statutes, as created by this act, for terms expiring on July 1, 2000.

SB517,24,16 (c) The members specified in section 15.792 (1) (b) 6., 7. and 11. of the statutes, as created by this act, for terms expiring on July 1, 2001.

SB517,25,2 (2) Renewable resources study and report. The public service commission shall study the feasibility and desirability of allowing customers of public utilities to pay separate rates for electricity that is generated from renewable resources, as defined in section 196.378 (1) (g) of the statutes, as created by this act, and evaluate whether such resources are competitive with conventional resources, as defined in section 196.378 (1) (c) of the statutes, as created by this act. The commission shall submit a report on the results of the study and evaluation to the legislature in the manner provided in section 13.172 (2) of the statutes no later than January 1, 2000. The report shall include any recommended proposals for legislation, including whether the amendment or repeal of section 196.378 of the statutes, as created by this act, is in the public interest.

SB517,25,3 (End)