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(b) "Energy unit" means a unit in this state that is engaged in activities related
19to the production, generation, transmission or distribution of electricity, gas or steam
20or the recovery of energy from waste materials.
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(c) "Holding company system" has the meaning given in s. 196.795 (1) (i).
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(d) "Nonutility affiliate" has the meaning given in s. 196.795 (1) (j).
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(e) "Public utility affiliate" has the meaning given in s. 196.795 (1) (L).
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(f) "Sell an energy unit" means to sell, offer by lease, or otherwise transfer
25ownership or control of the energy unit.
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1(g) "Unit" means a division, department or other operational business unit of
2an affiliate or utility.
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3(2) Offer of employment. (a) Except as provided in par. (b), a person may not
4sell an energy unit unless the terms of the transfer require the person to which the
5energy unit is transferred to offer employment to the nonsupervisory employes who
6are employed with the energy unit immediately prior to the transfer and who are
7necessary for the operation and maintenance of the energy unit.
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(b) A public utility affiliate may not sell an energy unit to a nonutility affiliate
9in the same holding company system unless the terms of the transfer require the
10nonutility affiliate to offer employment to all of the nonsupervisory employes who are
11employed with the energy unit immediately prior to the transfer.
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12(3) Employment terms and conditions. (a) Except as provided in par. (b), the
13employment that is offered under sub. (2) shall satisfy each of the following during
14the 30-month period beginning immediately after the transfer:
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1. Wage rates shall be no less than the wage rates in effect immediately prior
16to the transfer.
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2. Fringe benefits shall be substantially equivalent to the fringe benefits in
18effect immediately prior to the transfer.
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3. Terms and conditions of employment, other than wage rates and fringe
20benefits, shall be substantially equivalent to the terms and conditions in effect
21immediately prior to the transfer.
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(b) A collective bargaining agreement may modify or waive a requirement
23specified in par. (a).
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1(4) Commission approval. Except for a cooperative association, as defined in
2s. 196.491 (1) (bm), no person may sell an energy unit unless the commission
3determines that the person has satisfied subs. (2) and (3).
SB196, s. 91
4Section
91. 200.01 (2) of the statutes is amended to read:
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200.01
(2) "Public service corporation" means and embraces every corporation,
6except municipalities and other political subdivisions, which is a public utility as
7defined in s. 196.01, and every corporation which is a railroad as defined in s. 195.02,
8but shall not include a public utility corporation receiving an annual gross revenue
9of less than $1,000 for the calendar year next preceding the issuance of any securities
10by it. "Public service corporation" includes a holding company, as defined under s.
11196.795 (1) (h), which is a public utility, as defined under s. 196.01 (5). "Public service
12corporation" does not include a telecommunications utility, as defined in s. 196.01
13(10). "Public service corporation" does not include any other holding company unless
14the holding company was formed after November 28, 1985, and unless the
15commission has determined, under s. 196.795 (7) (a), that each nonutility affiliate,
16as defined under s. 196.795 (1) (j), does not and cannot reasonably be expected to do
17at least one of the items specified in s. 196.795 (7) (a). "Public service corporation"
18does not include a company, as defined in s. 196.795 (1) (f), which owns, operates,
19manages or controls a telecommunications utility, as defined in s. 196.01 (10), unless
20such company also owns, operates, manages or controls a public utility which is not
21a telecommunications utility.
"Public service corporation" does not include a
22transmission company, as defined in s. 196.485 (1) (ge).
SB196, s. 92
23Section
92. 285.48 of the statutes is created to read:
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24285.48 Nitrogen oxide emissions from certain electric generation
25facilities. (1) In establishing nitrogen oxide emission reductions for the control of
1atmospheric ozone in another state pursuant to a call for a state implementation plan
2issued prior to the effective date of this subsection .... [revisor inserts date], the
3department may not, in an implementation plan under s. 285.11 (6), by rule or
4through the adoption of control strategies, regulate nitrogen oxide emissions from
5electric generation facilities that are located in Ashland, Barron, Bayfield, Buffalo,
6Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Iron, Jackson, La Crosse,
7Monroe, Pepin, Pierce, Polk, Price, Rusk, Sawyer, St. Croix, Taylor, Trempealeau,
8Vernon or Washburn county.
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9(2) The department may not, based solely on the prohibition under sub. (1),
10require more stringent nitrogen oxide emission reductions for any electric utility, as
11defined in s. 196.491 (1) (d), or large industrial core source in this state that is
12identified by the federal environmental protection agency.
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(1)
Initial appointments to council on utility public benefits. 15Notwithstanding section 15.107 (17) (intro.) of the statutes, as created by this act,
16the initial members of the council on utility public benefits shall be appointed for the
17following terms:
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(a) One of the members under section 15.107 (17) (a), (b) and (d) of the statutes,
19as created by this act, for terms expiring on July 1, 2001.
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(b)
One of the members under section 15.107 (17) (a) of the statutes, as created
21by this act, and the members under section 15.107 (17) (c), (e) and (f) of the statutes,
22as created by this act, for terms expiring on July 1, 2002.
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(c)
One of the members under section 15.107 (17) (b) and (d) of the statutes, as
24created by this act, and the members under section 15.107 (17) (g) and (h) of the
25statutes, as created by this act, for terms expiring on July 1, 2003.
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1(2)
Public service commission rules.
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(a)
Using the procedure under section 227.24 of the statutes, the public service
3commission shall promulgate the rules required under section 196.378 (3) (a) of the
4statutes, as created by this act, for the period before the effective date of the
5permanent rules promulgated under that section, but not to exceed the period
6authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding
7section 227.24 (1) and (3) of the statutes, the commission is not required to make a
8finding of emergency.
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(b)
The public service commission shall submit in proposed form the rules
10required under section 196.378 (3) (a) of the statutes, as created by this act, to the
11legislative council staff under section 227.15 (1) of the statutes no later than the first
12day of the 6th month beginning after the effective date of this paragraph.
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(3)
Department of administration rules.
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(a) Using the procedure under section 227.24 of the statutes, the department
15of administration shall promulgate the rules required under section 16.957 (2) (c)
16and (4) (b) of the statutes, as created by this act, for the period before the effective
17date of the permanent rules promulgated under that section, but not to exceed the
18period authorized under section 227.24 (1) (c) and (2) of the statutes.
19Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not
20required to make a finding of emergency.
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(b) The department of administration shall submit in proposed form the rules
22required under section 16.957 (2) (c) and (4) (b) of the statutes, as created by this act,
23to the legislative council staff under section 227.15 (1) of the statutes no later than
24the first day of the 6th month beginning after the effective date of this paragraph.
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1(1)
In the schedule under section 20.005 (3) of the statutes for the appropriation
2to the public service commission under section 20.155 (1) (j) of the statutes, as
3affected by the acts of 1999, the dollar amount is increased by $250,000 for fiscal year
41999-00 and the dollar amount is increased by $250,000 for fiscal year 2000-01 for
5the purpose for which the appropriation is made.
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(1) The treatment of section 196.491 (3) (d) 3r. and 3t. of the statutes first
8applies to applications for certificates of public convenience and necessity that are
9filed with the public service commission on the effective date of this subsection.
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(2)
The treatment of sections 76.28 (1) (d), (e) (intro.) and 5. and (j) and (2) (c)
11(intro.), (d) and (e) and 196.485 (1) (ge) of the statutes first applies to taxable years
12beginning on January 1 of the year in which this subsection takes effect, except that
13if this subsection takes effect after July 31 the treatment of sections 76.28 (1) (d), (e)
14(intro.) and 5. and (j) and (2) (c) (intro.), (d) and (e) of the statutes first applies to
15taxable years beginning on January 1 of the year following the year in which this
16subsection takes effect.