AB253: Bill Text

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB253, s. 1 Section 1. 16.957 (1) (c) of the statutes is repealed.

AB253, s. 2 Section 2. 16.957 (1) (h) of the statutes is repealed.

AB253, s. 3 Section 3. 16.957 (1) (he), (hm), (hp) and (hs) of the statutes are created to read:

AB253,3,7 16.957 (1) (he) "Federal base amount" means all moneys received from the federal government under 42 USC 8621 to 8629 in federal fiscal year 1999-2000 and under 42 USC 6861 to 6873 in federal program year 1999-2000.

AB253,3,9 (hm) "Federal fiscal year" means the period beginning on October 1 and ending on the following September 30.

AB253,3,14 (hp) "Federal funding amount" means all moneys received from the federal government under 42 USC 8621 to 8629 in a federal fiscal year after federal fiscal year 1999-2000 and under 42 USC 6861 to 6873 in the federal program year beginning in the same calendar year as the calendar year in which the federal fiscal year begins.

AB253,3,16 (hs) "Federal program year" means the period beginning on April 1 and ending on the following March 31.

AB253, s. 4 Section 4. 16.957 (1) (n) of the statutes is repealed.

AB253, s. 5 Section 5. 16.957 (1) (o) of the statutes is repealed.

AB253, s. 6 Section 6. 16.957 (1) (p) of the statutes is repealed.

AB253, s. 7 Section 7. 16.957 (1) (s) of the statutes is repealed.

AB253, s. 8 Section 8. 16.957 (1) (u) of the statutes is repealed.

AB253, s. 9 Section 9. 16.957 (1) (v) of the statutes is repealed.

AB253, s. 10 Section 10. 16.957 (1) (w) of the statutes is repealed.

AB253, s. 11 Section 11. 16.957 (1) (x) of the statutes is repealed.

AB253, s. 12 Section 12. 16.957 (2) (a) (intro.) of the statutes is renumbered 16.957 (2) (a) and amended to read:

AB253,4,11 16.957 (2) (a) Low-income programs. After holding a hearing, establish programs to be administered by the department for awarding grants from the appropriation under s. 20.505 (10) (r) to provide low-income assistance. In each fiscal year, the amount awarded under this paragraph shall be sufficient to ensure that an amount equal to 47% of the sum of the following is spent for weatherization and other energy conservation services:

AB253, s. 13 Section 13. 16.957 (2) (a) 1., 2., 3. and 4. of the statutes are repealed.

AB253, s. 14 Section 14. 16.957 (2) (b) 2. of the statutes is amended to read:

AB253,4,22 16.957 (2) (b) 2. For each fiscal year after fiscal year 2003-04, determine whether to continue, discontinue, or reduce any of the programs established under subd. 1. and determine the total amount necessary to fund the programs that the department determines to continue or reduce under this subdivision. The department shall notify the commission if the department determines under this subdivision to reduce funding by an amount that is greater than the portion of the public benefits fee specified in sub. (4) (c) 2. The notice shall specify the portion of the reduction that exceeds the amount of public benefits fees specified in sub. (4) (c) 2.

AB253, s. 15 Section 15. 16.957 (2) (c) 1. of the statutes is amended to read:

AB253,5,5 16.957 (2) (c) 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 electric 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) unless the person is a customer of a utility, as defined in s. 196.374 (1) (c), that makes a contribution to the commission under s. 196.374 (3) for deposit in the utility public benefits fund.

AB253, s. 16 Section 16. 16.957 (2) (c) 4. of the statutes is amended to read:

AB253,5,17 16.957 (2) (c) 4. Requirements for electric utilities , other than municipal utilities, to allow customers to include voluntary contributions to assist in funding a program established under par. (a) or (b) 1. 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 program established under par. (a) or (b) 1. a. or b. The rules shall establish requirements and procedures for electric utilities to pay to the department any voluntary contributions included with bill payments and to report to the department customer preferences regarding use of the contributions. The department shall deposit all contributions received under this paragraph subdivision in the utility public benefits fund.

AB253, s. 17 Section 17. 16.957 (2) (c) 5. of the statutes is repealed.

AB253, s. 18 Section 18. 16.957 (2) (d) 1. of the statutes is repealed.

AB253, s. 19 Section 19. 16.957 (2) (d) 3. of the statutes is repealed.

AB253, s. 20 Section 20. 16.957 (2) (d) 5. and 6. of the statutes are created to read:

AB253,6,10 16.957 (2) (d) 5. Annually submit to the joint committee on finance a plan for adjusting the amount that utilities are required to contribute to the commission under s. 196.374 (3) based on the amount of moneys received from the federal government under 42 USC 6881 to 6873 and 42 USC 8621 to 8629. A plan under this subdivision shall require the department to determine the difference between the federal base amount and the federal funding amount for each federal fiscal year after federal fiscal year 1999-2000 and, if the federal funding amount is greater than the federal base amount, require the commission to decrease the contributions that utilities are required to make to the commission for low-income assistance under s. 196.374 (3) in the calendar year following the start of the federal fiscal year by an amount equal to the difference between the federal funding amount and the federal base amount, except that if the difference is equal to or greater than the contributions that are otherwise required for low-income assistance under s. 196.374 (3), no contributions shall be required for low-income assistance.

AB253,6,12 6. Implement a plan specified in subd. 5. that is approved or modified by the joint committee on finance.

AB253, s. 21 Section 21. 16.957 (4) of the statutes is repealed.

AB253, s. 22 Section 22. 16.957 (5) of the statutes is repealed.

AB253, s. 23 Section 23. 25.96 of the statutes is amended to read:

AB253,6,20 25.96 Utility public benefits fund. There is established a separate nonlapsible trust fund designated as the utility public benefits fund, consisting of deposits by the public service commission under s. 196.374 (3), public benefits fees received under s. 16.957 (4) (a) and (5) (c) and (d) and contributions received under s. 16.957 (2) (c) 4. and (d) 2.

AB253, s. 24 Section 24. 76.28 (1) (d) of the statutes is amended to read:

AB253,8,4 76.28 (1) (d) "Gross revenues" for a light, heat , and power company other than a qualified wholesale electric company or a transmission company means total operating revenues as reported to the public service commission except revenues for interdepartmental sales and for interdepartmental rents as reported to the public service commission and deductions from the sales and use tax under s. 77.61 (4), except that the company may subtract from revenues either the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat, and power company, except a municipal light, heat, and power company, that purchases under federal or state approved wholesale rates more than 50% of its electric power from a person other than an affiliated interest, as defined in s. 196.52 (1), if the revenue from that purchased electric power is included in the seller's gross revenues or the following percentages of the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat, and power company, except a municipal light, heat and power company that purchases more than 90% of its power and that has less than $50,000,000 of gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a qualified wholesale electric company, "gross revenues" means total business revenues from those businesses included under par. (e) 1. to 4. For a transmission company, "gross revenues" means total operating revenues as reported to the public service commission, except revenues for transmission service that is provided to a public utility that is subject to the license fee under sub. (2) (d), to a public utility, as defined in s. 196.01 (5), or to a cooperative association organized under ch. 185 for the purpose of providing electricity to its members only. For an electric utility, as defined in s. 16.957 (1) (g), "gross revenues" does not include public benefits fees collected by the electric utility under s. 16.957 (4) (a) or (5) (a). For a generator public utility, "gross revenues" does not include any grants awarded to the generator public utility under s. 16.958 (2) (b). For a wholesale supplier, as defined in s. 16.957 (1) (w), "gross revenues" does not include any public benefits fees that are received from a municipal utility or retail electric cooperative or under a joint program established under s. 16.957 (5) (f). For a municipal utility, "gross revenues" does not include public benefits fees received by the municipal utility from a municipal utility or retail electric cooperative under a joint program established under s. 16.957 (5) (f).

AB253, s. 25 Section 25. 76.28 (1) (eg) of the statutes is repealed.

AB253, s. 26 Section 26. 76.28 (1) (gr) of the statutes is repealed.

AB253, s. 27 Section 27. 76.48 (1g) (d) of the statutes is amended to read:

AB253,8,24 76.48 (1g) (d) "Gross revenues" means total operating revenues, except revenues for interdepartmental sales and for interdepartmental rents, less deductions from the sales and use tax under s. 77.61 (4) and, in respect to any electric cooperative that purchases more than 50% of the power it sells, less the actual cost of power purchased for resale by an electric cooperative, if the revenue from that purchased electric power is included in the seller's gross revenues or if the electric cooperative purchased more than 50% of the power it sold in the year prior to January 1, 1988, from a seller located outside this state. For an electric cooperative, "gross revenues" does not include grants awarded to the electric cooperative under s. 16.958 (2) (b). For a retail electric cooperative, "gross revenues" does not include public benefits fees collected by the retail electric cooperative under s. 16.957 (5) (a), public benefits fees received by the retail electric cooperative from a retail electric cooperative or municipal utility under a joint program established under s. 16.957 (5) (f). For a wholesale supplier, as defined in s. 16.957 (1) (w), "gross revenues" does not include any public benefits fees that are received from a municipal utility, as defined in s. 16.957 (1) (q), or retail electric cooperative or under a joint program established under s. 16.957 (5) (f).

AB253, s. 28 Section 28. 76.48 (1g) (dm) of the statutes is repealed.

AB253, s. 29 Section 29. 76.48 (1g) (fm) of the statutes is repealed.

AB253, s. 30 Section 30. 77.54 (44) of the statutes is repealed.

AB253, s. 31 Section 31. 196.374 (1) (c) of the statutes is amended to read:

AB253,9,7 196.374 (1) (c) "Utility" means a Class A gas or electric utility, as defined by the commission, but does not include a municipal utility, as defined in s. 16.957 (1) (q), a municipal electric company, as defined in s. 66.073 (3) (d) [ s. 66.0825 (3) (d)], or a cooperative association organized under ch. 185.

AB253, s. 32 Section 32. 196.374 (3) of the statutes is amended to read:

AB253,9,21 196.374 (3) In Subject to sub. (3m), in 2000, 2001, and 2002, the commission shall require each utility to spend a decreasing portion of the amount determined under sub. (2) on programs specified in sub. (2) and contribute the remaining portion of the amount to the commission for deposit in the fund. In each year after 2002, each utility shall contribute the entire amount determined under sub. (2) to the commission for deposit in the fund. The commission shall ensure in rate-making orders that a utility recovers from its ratepayers the amounts spent on programs or contributed to the fund under this subsection. The commission shall allow each utility the option of continuing to use, until January 1, 2002, the moneys that it has recovered under s. 196.374 (3), 1997 stats., to administer the programs that it has funded under s. 196.374 (1), 1997 stats. The commission may allow each utility to spend additional moneys on the programs specified in sub. (2) if the utility otherwise complies with the requirements of this section and s. 16.957 (4).

AB253, s. 33 Section 33. 196.374 (3m) of the statutes is created to read:

AB253,9,25 196.374 (3m) The commission shall adjust the amount that a utility is required to contribute to the commission under sub. (3) as required under a plan that is implemented by the department under s. 16.957 (2) (d) 6.

AB253, s. 34 Section 34. 196.374 (4) of the statutes is amended to read:

AB253,10,8 196.374 (4) If the department notifies the commission under s. 16.957 (2) (b) 2. that the department has reduced funding for energy conservation and efficiency and renewable resource programs by an amount that is greater than the portion of the public benefits fee specified in s. 16.957 (4) (c) 2., the commission shall reduce the amount that utilities are required to spend on programs or contribute to the fund under sub. (3) by the portion amount of the reduction that exceeds the amount of public benefits fees specified in s. 16.957 (4) (c) 2.

AB253,10,9 (End)