The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB754, s. 1 1Section 1. 15.07 (1) (d) of the statutes is created to read:
AB754,3,22 15.07 (1) (d) Except as provided in s. 15.105 (27) (a) 1. and 2., no member of the
3electric pollution board may be an officer, director, or employee of an electric public

1utility or a cooperative association organized under ch. 185 for the purpose of
2providing electricity to its members only.
AB754, s. 2 3Section 2. 15.105 (27) of the statutes is created to read:
AB754,3,74 15.105 (27) Electric pollution board. (a) There is created an electric
5pollution board that is attached to the department of administration under s. 15.03.
6The board shall consist of the attorney general, or his or her designee, and the
7following members appointed for 4-year terms:
AB754,3,98 1. One chief executive officer of an investor-owned electric public utility, or his
9or her designee, appointed by the speaker of the assembly.
AB754,3,1210 2. One chief executive officer of an investor-owned electric public utility, or his
11or her designee, appointed by the senate leader of the party other than the party of
12the speaker of the assembly.
AB754,3,1413 3. One professor or professor emeritus of electrical engineering of the
14University of Wisconsin System.
AB754,3,1615 4. One professor or professor emeritus of electrical engineering of the
16Milwaukee School of Engineering.
AB754,3,1717 5. One physician recommended by the Wisconsin State Medical Society.
AB754,3,1818 6. One customer of an investor-owned electric public utility.
AB754,3,1919 7. One customer of a municipally owned electric public utility.
AB754,3,2220 8. One member of a cooperative association, organized under ch. 185 for the
21purpose of providing electricity to its members only and recommended by the
22Wisconsin Federation of Cooperatives.
AB754,3,2423 (b) The members specified in par. (a) 3. to 8. shall be appointed by the governor
24with senate confirmation.
AB754,4,2
1(c) No member of the electric pollution board specified in par. (a) 1. to 8. may
2serve more than 2 terms.
AB754, s. 3 3Section 3. 16.956 of the statutes is created to read:
AB754,4,4 416.956 Electric pollution program. (1) Definitions. In this section:
AB754,4,55 (a) "Board" means the electric pollution board.
AB754,4,76 (b) "Electric cooperative" means a cooperative association organized under ch.
7185 for the purpose of providing electric service to its members only.
AB754,4,98 (c) "Electric utility" means a public utility, as defined in s. 196.01 (5), that
9produces electricity.
AB754,4,1010 (d) "Fund" means the electric pollution fund under s. 25.98.
AB754,4,1211 (e) "Objectionable flow of current" means a steady state of current for 5 seconds
12or more over the grounding conductor of an electric utility or cooperative.
AB754,4,16 13(2) Duty to remedy. (a) An electric utility or cooperative shall remedy any
14problems associated with its plant or equipment that result in an objectionable flow
15of current at the premises of a customer or member no later than one year after
16discovery of the objectionable flow of current.
AB754,4,2117 (b) 1. Notwithstanding par. (a), and except as provided in subd. 2., no later than
18January 1, 2012, each electric utility and cooperative shall remedy all problems
19associated with their plant or equipment that result in an objectionable flow of
20current at the premises of any of the electric utility's or cooperative's customers or
21members.
AB754,4,2522 2. If an objectionable flow of current is discovered at a customer's or member's
23premises in 2011, the electric utility or cooperative shall remedy all problems
24associated with its plant and equipment that result in that objectionable flow of
25current no later than one year after it is discovered.
AB754,5,4
1(c) For purposes of pars. (a) and (b), there is a rebuttable presumption that an
2objectionable flow of current at a customer's or member's premises is the result of
3problems associated with the electric utility's or cooperative's plant or equipment,
4not the customer's or member's plant or equipment.
AB754,5,95 (d) The board shall promulgate rules establishing the standards applicable to
6remedies under pars. (a) and (b). In promulgating the rules, the board shall consider
7the recommendations of the Electric Power Research Institute, the standards of the
8Institute of Electrical and Electronics Engineers, Inc., and the Information
9Technology Industry Council.
AB754,5,1210 (e) Any customer or member injured as a result of an electric utility's or
11cooperative's failure to remedy a problem under par. (a) or (b) may bring a cause of
12action for treble damages.
AB754,5,21 13(3) Awards from fund. (a) The board shall promulgate rules establishing
14requirements and procedures for the board to make awards from the fund to
15reimburse electric utilities and cooperatives for remedies under sub. (2) (a) and (b).
16The rules shall also include requirements and procedures for making awards to
17customers or members, or groups of customers or members, of electric utilities or
18cooperatives that refuse or are unable to perform remedies under sub. (2) (a) or (b).
19The rules shall include a priority system for making awards based on the severity
20of the objectionable flow of current. The board may not make an award unless all of
21the following are satisfied:
AB754,5,2522 1. The remedy is performed by the electric utility or cooperative that provides
23retail service to the customer or member at whose premises there is an objectionable
24flow of current or, if the board is satisfied that that electric utility or cooperative has
25refused or is unable to perform the remedy, by another competent person.
AB754,6,3
12. The electric utility, cooperative, or other person that performs the remedy
2documents to the satisfaction of the board that remedial activities for a particular
3customer or member or group of customers or members have been completed.
AB754,6,54 (b) The board may contract for assistance in making awards under par. (a),
5including engineering assistance necessary to prioritize awards.
AB754,6,11 6(4) Surcharges. No later than the first day of the 6th month beginning after
7the effective date of this subsection .... [revisor inserts date], each electric utility and
8cooperative shall assess a surcharge of one-twentieth of a cent per kilowatt hour on
9customer and member electric bills and pay the surcharge to the board. The
10surcharges that are collected by an electric utility or cooperative shall be considered
11trust funds of the board and not income of the electric utility or cooperative.
AB754,6,12 12(5) Staff. The department shall provide staff services to the board.
AB754,6,15 13(6) Penalties. (a) An electric utility or cooperative that violates sub. (2) (a) or
14(b) 2. may be required to forfeit not more than $1,000 for each violation. Each day
15of continued violation constitutes a separate violation.
AB754,6,1716 (b) An electric utility or cooperative that violates sub. (2) (b) 1. may be required
17to forfeit not more than $500,000.
AB754, s. 4 18Section 4. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
19the following amounts for the purposes indicated: - See PDF for table PDF
AB754, s. 5
1Section 5. 20.505 (4) (h) of the statutes, as affected by 2001 Wisconsin Act 16,
2is amended to read:
AB754,7,143 20.505 (4) (h) Program services. The amounts in the schedule to carry out the
4responsibilities of divisions, commissions, and boards attached to the department of
5administration, other than the board on aging and long-term care, the adolescent
6pregnancy prevention and pregnancy services board, and the public records board,
7and to carry out the responsibilities of special and executive committees. All moneys
8received from fees which are authorized by law or administrative rule to be collected
9by any division, board, or commission attached to the department, other than the
10board on aging and long-term care, the adolescent pregnancy prevention and
11pregnancy services board, the electric pollution board, and the public records board,
12and all moneys received from fees that are authorized by law or executive order to
13be collected by any special or executive committee shall be credited to this
14appropriation account and used to carry out the purposes for which collected.
AB754, s. 6 15Section 6. 20.505 (4) (s) of the statutes is created to read:
AB754,7,1816 20.505 (4) (s) Electric pollution remediation awards. From the electric
17pollution fund, the amounts in the schedule for awards by the electric pollution board
18under s. 16.956 (3).
AB754, s. 7 19Section 7. 25.17 (1) (dm) of the statutes is created to read:
AB754,7,2020 25.17 (1) (dm) Electric pollution fund (s. 25.98);
AB754, s. 8 21Section 8. 25.98 of the statutes is created to read:
AB754,7,25 2225.98 Electric pollution fund. There is established a separate nonlapsible
23trust fund designated as the electric pollution fund, consisting of surcharges
24collected by electric utilities and cooperative associations and paid to the electric
25pollution board under s. 16.956 (4).
AB754, s. 9
1Section 9. Nonstatutory provisions.
AB754,8,62 (1) Initial appointments to electric pollution board. Notwithstanding
3section 15.105 (27) (a) (intro.) of the statutes, as created by this act, the following
4initial members of the electric pollution board shall be appointed by the first day of
5the 3rd month beginning after the effective date of this subsection for the following
6terms:
AB754,8,87 (a) The members specified in section 15.105 (27) (a) 1., 3., and 6. of the statutes,
8as created by this act, for terms expiring on May 1, 2005.
AB754,8,109 (b) The members specified in section 15.105 (27) (a) 2., 4., and 7. of the statutes,
10as created by this act, for terms expiring on May 1, 2006.
AB754,8,1211 (c) The members specified in section 15.105 (27) (a) 5. and 8. of the statutes, as
12created by this act, for terms expiring on May 1, 2007.
AB754,8,1313 (End)
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