8. Any other information that DOA considers relevant.
Proposed state agency rules that impact energy policies
Under current law, an agency proposing a rule is required to prepare a fiscal
estimate of the rule before the rule is submitted to the Rules Clearinghouse of the
Legislative Council Staff. In addition, if a proposed rule will affect small business,
the agency must prepare a regulatory analysis of how the rule affects small
businesses.
This bill authorizes DOA to prepare an energy impact report on any proposed
state agency rule that significantly impacts energy policies. The bill requires DOA
to prepare an energy impact report of a proposed rule if asked to do so by the agency
that submitted the rule or by the standing committee of the legislature to which the
rule is referred. The bill requires the state agency that is proposing the rule to
consider the DOA energy impact report before final adoption of the rule. Under the
bill, the state agency that is proposing the rule must include the energy impact report
in the notice when the agency submits its proposed rule in final form to the
legislature and an explanation of any changes made in the rule in response to the
report.
For further information see the state 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:
SB113, s. 1
1Section
1. 13.0975 of the statutes is created to read:
SB113,2,3
213.0975 Review of legislative proposals impacting energy policies. (1) 3Definition. In this section, "department" means the department of administration.
SB113,2,6
4(2) Report by the department. (a) When a proposal that impacts energy
5policies is introduced or offered in the legislature, the department shall prepare an
6energy impact report on the proposal within 30 days after it is introduced or offered.
SB113,2,97
(b) If the proposal impacts energy policies, the department shall describe the
8impact contained in the proposal. The energy impact report shall include the
9department's findings under sub. (3) and its conclusions under sub. (4).
SB113,3,5
1(c) A proposal that requires an energy impact report by the department under
2this section shall have that requirement noted on its jacket when the jacket is
3prepared. When a proposal that requires a report under this section receives a jacket
4to be introduced or offered, the legislative reference bureau shall submit a copy of the
5proposal to the department.
SB113,3,116
(d) If a proposal is introduced or offered without the requirement for an energy
7impact report noted on its jacket, the primary author of the proposal or the
8chairperson of a committee to which the proposal is referred may require the
9department to prepare an energy impact report on the proposal, by so notifying the
10legislative reference bureau. When so notified, the legislative reference bureau shall
11submit a copy of the proposal to the department.
SB113,3,1312
(e) An energy impact report shall be printed as an appendix to the proposal and
13shall be distributed in the same manner as amendments.
SB113,3,16
14(3) Findings of the department energy impact report. The department's
15energy impact report shall evaluate the potential impact of the proposal on all of the
16following:
SB113,3,1817
(a) The generation, transmission, and distribution of electric power and
18natural gas and the reliability of the electric power and natural gas supply.
SB113,3,1919
(b) The mix of fuels used for the generation of electric power.
SB113,3,2020
(c) Energy conservation and the future availability of energy.
SB113,3,2221
(d) Environmental impacts of the generation, transmission, distribution, and
22use of energy.
SB113,3,2423
(e) The development and availability of energy produced from renewable
24resources.
SB113,3,2525
(f) The demand for and use of transportation fuels.
SB113,4,1
1(g) The mix of fuels used for transportation.
SB113,4,22
(h) Any other information that the department considers relevant.
SB113,4,5
3(4) Conclusion of the department report. Based on its findings under sub.
4(3), the department shall include in its energy impact report its conclusion on
5whether the proposal is consistent with existing energy policies.
SB113, s. 2
6Section
2. 227.117 of the statutes is created to read:
SB113,4,10
7227.117 Review of rules impacting energy policies. (1) (a) The
8department of administration may prepare an energy impact report on any proposed
9rule submitted to the legislative council staff for review under s. 227.15 (1) that
10impacts energy policies.
SB113,4,1311
(b) If the department of administration receives a request for an energy impact
12report under sub. (2), the department of administration shall prepare the report
13within 30 days after it receives the request.
SB113,4,1714
(c) The energy impact report shall evaluate the potential impact of the proposed
15rule on all of the factors specified in s. 13.0975 (3) (a) to (h). The department of
16administration, based on those findings, shall include in its energy impact report its
17conclusion on whether the proposed rule is consistent with existing energy policies.
SB113,4,20
18(2) (a) When an agency proposes a rule that may impact energy policies, the
19agency shall request the department of administration to prepare an energy impact
20report under sub. (1) of the proposed rule.
SB113,4,2421
(b) A standing committee of the legislature to which a rule is referred under s.
22227.19 (2) may request the department of administration to prepare an energy
23impact report under sub. (1) of a proposed rule submitted to the legislature in final
24draft form under s. 227.19 (2).
SB113,5,3
1(3) The department of administration shall submit a copy of any energy impact
2report prepared under sub. (1) to the agency that proposed the rule that resulted in
3the report.
SB113,5,6
4(4) An agency that receives an energy impact report under sub. (3) shall
5consider the energy impact report before submitting the notification and report to
6the legislature under s. 227.19 (2) and (3).
SB113,5,13
7(5) When an agency, under s. 227.20 (1), files with the revisor a rule that is
8subject to this section, the agency shall include with the rule a summary of the energy
9impact report prepared under s. 227.19 (3) (f) and a summary of the comments of the
10legislative standing committees, if any. If the rule does not require the analysis
11under s. 227.19 (3) (f), the agency shall include with the rule a statement of the reason
12for the agency's determination under s. 227.19 (3p). The revisor shall publish the
13summaries or the statement in the register with the rule.
SB113, s. 3
14Section
3. 227.19 (3) (intro.) of the statutes is amended to read:
SB113,5,2015
227.19
(3) Form of report. (intro.) The report required under sub. (2) shall be
16in writing and shall include the proposed rule in the form specified in s. 227.14 (1),
17the material specified in s. 227.14 (2) to (4),
a copy of any energy impact report
18received from the department of administration under s. 227.117 (3), a copy of any
19recommendations of the legislative council staff
, and an analysis. The analysis shall
20include:
SB113, s. 4
21Section
4. 227.19 (3) (f) of the statutes is created to read:
SB113,5,2422
227.19
(3) (f) If an energy impact report regarding the proposed rule was
23submitted with the report required under sub. (2), an explanation of the changes, if
24any, that were made in the proposed rule in response to that statement.
SB113, s. 5
25Section
5. 227.19 (3p) of the statutes is created to read:
SB113,6,4
1227.19
(3p) Energy impact report not required. The energy impact report
2specified under sub. (3) (f) is not required for a rule if the agency, after complying with
3s. 227.117, determines that the rule will not have a significant impact on energy
4policies.
SB113, s. 6
5Section
6. 227.19 (4) (b) 2m. of the statutes is created to read:
SB113,6,106
227.19
(4) (b) 2m. If a committee, by a majority vote of a quorum of the
7committee, requests an energy impact report under s. 227.117, the review period for
8both committees is extended to the 10th working day following receipt by the
9committees of the report, to the expiration of the review period under subd. 1., or to
10the expiration of the review period under subd. 2., whichever is later.