SB459, s. 19
24Section
19. 16.957 (2) (c) (intro.) of the statutes is amended to read:
SB459,16,2
116.957
(2) (c)
Rules. (intro.)
Promulgate In consultation with the council,
2promulgate rules establishing all of the following:
SB459, s. 20
3Section
20. 16.957 (2) (c) 1. of the statutes is amended to read:
SB459,16,94
16.957
(2) (c) 1. Eligibility requirements for
receiving low-income assistance
5under programs
established that receive grants under par. (a). The rules shall
6prohibit a person who receives low-income assistance from a municipal utility or
7retail electric cooperative under a program specified in sub. (5) (d) 2. b. or 3. a. from
8receiving
low-income assistance under programs
established that receive grants 9under par. (a).
SB459, s. 21
10Section
21. 16.957 (2) (c) 2. of the statutes is amended to read:
SB459,16,1211
16.957
(2) (c) 2. Requirements and procedures for applications for grants
12awarded under programs established under par. (a) or (b)
1.
SB459, s. 22
13Section
22. 16.957 (2) (c) 2m. of the statutes is amended to read:
SB459,16,1514
16.957
(2) (c) 2m. Criteria for the selection of proposals by a corporation
15specified in
sub. (3) (b) par. (br) 2.
SB459, s. 23
16Section
23. 16.957 (2) (c) 2n. of the statutes is repealed.
SB459, s. 24
17Section
24. 16.957 (2) (c) 4. of the statutes is amended to read:
SB459,17,618
16.957
(2) (c) 4. Requirements for electric utilities to allow customers to include
19voluntary contributions to assist in funding
a program established programs that
20receive grants under par. (a) or (b)
1. with bill payments for electric service. The rules
21may require an electric utility to provide a space on an electric bill in which a
22customer may indicate the amount of a voluntary contribution and the customer's
23preference regarding whether a contribution should be used for a program
24established that receives grants under par. (a) or (b) 1.
a. or
b
2. The rules shall
25establish requirements and procedures for electric utilities to pay to the
department
1fiscal agent any voluntary contributions included with bill payments and to report
2to the
department fiscal agent customer preferences regarding use of the
3contributions. The
department fiscal agent shall deposit all contributions received
4under this paragraph
for programs that receive grants under par. (a) in the utility
5public benefits fund
and shall hold all contributions received under this paragraph
6for programs that receive grants under par. (b) as directed in s. 196.374 (3r).
SB459, s. 25
7Section
25. 16.957 (2) (d) 2. of the statutes is amended to read:
SB459,17,118
16.957
(2) (d) 2. Encourage customers
or members to make voluntary
9contributions
to assist in funding the programs established under pars. (a) and (b)
101. The department shall deposit all contributions received under this paragraph in
11the utility public benefits fund described in par. (c) 4.
SB459, s. 26
12Section
26. 16.957 (2) (d) 3. of the statutes is repealed.
SB459, s. 27
13Section
27. 16.957 (2) (d) 4. (intro.), a. and d. of the statutes are consolidated,
14renumbered 16.957 (2) (d) 4. and amended to read:
SB459,17,2015
16.957
(2) (d) 4.
Provide for an annual independent audit and submit Submit 16an annual report to the legislature under s. 13.172 (2) that describes
each of the
17following: 4. a. The the expenses of the department, other state agencies
, and grant
18recipients in administering or participating in the programs under pars. (a) and (b)
.
194. d. Any and any other issue identified by the department, council, governor,
20speaker of the assembly
, or majority leader of the senate.
SB459, s. 28
21Section
28. 16.957 (2) (d) 4. b. and c. of the statutes are repealed.
SB459, s. 29
22Section
29. 16.957 (2) (d) 5. of the statutes is created to read:
SB459,17,2423
16.957
(2) (d) 5. Cooperate with the commission in the administration of public
24benefits programs.
SB459, s. 30
25Section
30. 16.957 (3) (title) of the statutes is repealed.
SB459, s. 31
1Section
31. 16.957 (3) (a) of the statutes is renumbered 16.957 (2) (br) 1. and
2amended to read:
SB459,18,73
16.957
(2) (br) 1. The department shall, on the basis of competitive bids,
4contract with community action agencies described in s. 46.30 (2) (a) 1., nonstock,
5nonprofit corporations organized under ch. 181 or local units of government to
6provide services under the
low-income assistance programs established under
sub.
7(2) par. (a).
SB459, s. 32
8Section
32. 16.957 (3) (b) and (c) of the statutes are consolidated, renumbered
916.957 (2) (br) 2. and amended to read:
SB459,18,2010
16.957
(2) (br) 2. The department shall, on the basis of competitive bids,
11contract with one or more nonstock, nonprofit corporations organized under ch. 181
12to administer the
energy efficiency and renewable resource programs established
13under
sub. (2) par. (b)
1., including soliciting proposals, processing grant
14applications, selecting, based on criteria specified in rules promulgated under
sub.
15(2) par. (c) 2m., proposals for the department to make awards and distributing grants
16to recipients.
(c) In selecting proposals and awarding
such grants
under sub. (2) (b),
17the department or
such a nonprofit corporation
specified in par. (b) may not
18discriminate against an electric provider or its affiliate or a wholesale electric
19supplier or its affiliate solely on the basis of its status as an electric provider,
20wholesale electric supplier or affiliate.
SB459, s. 33
21Section
33. 16.957 (4) (a) of the statutes is amended to read:
SB459,19,522
16.957
(4) (a)
Requirement to charge public benefits fees collect funding. Each
23electric utility, except for a municipal utility, shall
charge each customer a public
24benefits fee in an amount established in rules promulgated by the department under
25par. (b). An electric utility, except for a municipal utility, shall collect and pay the fees
1to the department in accordance with the rules promulgated under par. (b). The
2public benefits fees collected by an electric utility shall be considered trust funds of
3the department and not income of the electric utility
collect from its customers the
4amounts required by the commission under s. 196.374 (3m) (c) and, as directed by
5the fiscal agent, pay the amounts collected to the fiscal agent.
SB459, s. 34
6Section
34. 16.957 (4) (am) of the statutes is renumbered 196.374 (6) and
7amended to read:
SB459,19,168
196.374
(6) Electric bills; annual statements. An electric utility
shall include
9a public benefits fee in the fixed charges for electricity in a customer's bill and shall
10identify on a customer's bill the amount that the electric utility is collecting from the
11customer for that billing period to make the collections required under sub. (3m) (c).
12The commission may specify the manner in which the amount is identified. An
13electric utility shall provide
the customer customers with an annual statement that
14identifies
the annual charges cost and benefit information for public benefits
fees
15and describes the programs for which
fees the amounts collected under sub. (3m) (c) 16are used.
SB459, s. 35
17Section
35. 16.957 (4) (b) of the statutes is repealed.
SB459, s. 36
18Section
36. 16.957 (4) (c) (title) of the statutes is repealed.
SB459, s. 37
19Section
37. 16.957 (4) (c) (intro.) of the statutes is repealed.
SB459, s. 38
20Section
38. 16.957 (4) (c) 1. (intro.) of the statutes is renumbered 16.957 (2)
21(am) (intro.) and amended to read:
SB459,20,522
16.957
(2) (am)
Low-income funding. (intro.)
In fiscal year 1999-2000, a
23portion of the public benefits fee shall be an amount that, when added to 50% of the
24estimated public benefits fees charged by municipal utilities and retail electric
25cooperatives under sub. (5) (a) for that fiscal year, shall equal $24,000,000. In each
1fiscal year
after fiscal year 1999-2000, a portion of the public benefits fee shall be an, 2determine the amount of funding required for low-income assistance programs. The 3amount
so determined for a fiscal year shall be the amount that, when added to
the
4sum of the following
shall equal sum, equals the low-income need target for that
5fiscal year
that is determined by the department under
sub. (2) par. (d) 1.:
SB459, s. 39
6Section
39. 16.957 (4) (c) 1. a. and b. of the statutes are renumbered 16.957
7(2) (am) 1. and 2.
SB459, s. 40
8Section
40. 16.957 (4) (c) 1. c. of the statutes is amended to read:
SB459,20,119
16.957
(4) (c) 1. c. The total amount spent on
low-income assistance programs
10or contributed to the commission by
electric utilities under s. 196.374 (3) for that
11fiscal year
for low-income assistance.
SB459, s. 41
12Section
41. 16.957 (4) (c) 2. of the statutes is repealed.
SB459, s. 42
13Section
42. 16.957 (4) (c) 3. of the statutes is repealed.
SB459, s. 43
14Section
43. 16.957 (5) (b) 1. of the statutes is amended to read:
SB459,20,1715
16.957
(5) (b) 1. No later than October 1, 2000, each municipal utility or retail
16electric cooperative shall notify the department whether it has elected to contribute
17to the programs established under sub. (2) (a) or (b)
1. for a 3-year period.
SB459, s. 44
18Section
44. 16.957 (5) (b) 2. of the statutes is amended to read:
SB459,20,2219
16.957
(5) (b) 2. No later than every 3rd year after the date specified in subd.
201., each municipal utility or retail electric cooperative shall notify the department
21whether it has elected to contribute to the programs established under sub. (2) (a)
22or (b)
1. for a 3-year period.
SB459, s. 45
23Section
45. 16.957 (5) (c) of the statutes is amended to read:
SB459,21,424
16.957
(5) (c)
Full contribution. If a municipal utility or retail electric
25cooperative elects under par. (b) 1. or 2. to contribute to the programs established
1both under sub. (2) (a) and under sub. (2) (b)
1., it shall pay
100% 100 percent of the
2public benefits fees that it charges under par. (a) to the
department fiscal agent in
3each fiscal year of the 3-year period for which it has made the election.
The fiscal
4agent shall deposit 50 percent of the fees into the utility public benefits fund.
SB459, s. 46
5Section
46. 16.957 (5) (d) 1. a. of the statutes is amended to read:
SB459,21,86
16.957
(5) (d) 1. a. Pay 50% of the public benefits fees that it charges under par.
7(a) to the
department fiscal agent. The fiscal agent shall deposit the fees into the
8utility public benefits fund.
SB459, s. 47
9Section
47. 16.957 (5) (d) 1. b. of the statutes is amended to read:
SB459,21,1110
16.957
(5) (d) 1. b. Spend 50% of the public benefits fees that it charges under
11par. (a) on energy
conservation efficiency programs.
SB459, s. 48
12Section
48. 16.957 (5) (d) 2. (intro.) of the statutes is amended to read:
SB459,21,1613
16.957
(5) (d) 2. (intro.) If the municipal utility or retail electric cooperative
14elects to contribute only to the programs established under sub. (2) (b)
1., the
15municipal utility or retail electric cooperative shall, in each fiscal year of the 3-year
16period for which it elects to contribute under par. (b) 1. or 2., do all of the following:
SB459, s. 49
17Section
49. 16.957 (5) (d) 2. a. of the statutes is amended to read:
SB459,21,1918
16.957
(5) (d) 2. a. Pay 50% of the public benefits fees that it charges under par.
19(a) to the
department fiscal agent.
SB459, s. 50
20Section
50. 16.957 (5) (d) 2. b. of the statutes is amended to read:
SB459,21,2221
16.957
(5) (d) 2. b. Spend 50% of the public benefits fees that it charges under
22par. (a) on
programs for low-income assistance
programs.
SB459, s. 51
23Section
51. 16.957 (5) (d) 3. (intro.) of the statutes is amended to read:
SB459,22,324
16.957
(5) (d) 3. (intro.) If the municipal utility or retail electric cooperative
25elects not to contribute to any of the programs established under sub. (2) (a) or (b)
11., the municipal utility or retail electric cooperative shall, in each fiscal year of the
23-year period for which it elects not to contribute under par. (b) 1. or 2., do all of the
3following:
SB459, s. 52
4Section
52. 16.957 (5) (d) 3. a. of the statutes is amended to read:
SB459,22,65
16.957
(5) (d) 3. a. Spend 50% of the public benefits fees that it charges under
6par. (a) on
programs for low-income assistance
programs.
SB459, s. 53
7Section
53. 16.957 (5) (d) 3. b. of the statutes is amended to read:
SB459,22,98
16.957
(5) (d) 3. b. Spend 50% of the public benefits fees that it charges under
9par. (a) on energy
conservation efficiency programs.
SB459, s. 54
10Section
54. 16.957 (5) (e) (intro.) of the statutes is amended to read:
SB459,22,1411
16.957
(5) (e)
Wholesale supplier credit. (intro.) If a wholesale supplier has
12established a
program for low-income assistance or
an energy
conservation 13efficiency program, a municipal utility or retail electric cooperative that is a
14customer or member of the wholesale supplier may do any of the following:
SB459, s. 55
15Section
55. 16.957 (5) (e) 1. of the statutes is amended to read:
SB459,22,2116
16.957
(5) (e) 1. Include an amount equal to the product of the municipal
17utility's or retail electric cooperative's wholesale supply percentage and the amount
18that the wholesale supplier has spent on low-income assistance
programs in a fiscal
19year in calculating the amount that the municipal utility or retail electric cooperative
20has spent on low-income assistance
programs in that fiscal year under par. (d) 2. b.
21or 3. a.
SB459, s. 56
22Section
56. 16.957 (5) (e) 2. of the statutes is amended to read:
SB459,23,323
16.957
(5) (e) 2. Include an amount equal to the product of the municipal
24utility's or retail electric cooperative's wholesale supply percentage and the amount
25that the wholesale supplier has spent on energy
conservation programs efficiency or
1customer applications of renewable
resources resource programs in a fiscal year in
2calculating the amount that the municipal utility or retail electric cooperative has
3spent on energy
conservation efficiency programs under par. (d) 1. b. or 3. b.
SB459, s. 57
4Section
57. 16.958 of the statutes is repealed.
SB459, s. 58
5Section
58. 20.505 (3) (rr) of the statutes is repealed.
SB459, s. 59
6Section
59. 20.505 (3) (s) of the statutes is repealed.
SB459, s. 60
7Section
60. 20.924 (1) (j) of the statutes is created to read:
SB459,23,148
20.924
(1) (j) Shall not enter into any lease or other contract that provides for
9the construction of any building, structure, or facility, or portion thereof, for initial
10occupancy by the state and that contains an option for the state to purchase the
11building, structure, or facility unless the seller or lessor agrees that all equipment
12to be installed as a component of the building, structure, or facility that relates to any
13function that consumes energy meets applicable requirements for state building
14projects under s. 16.855 (10s) (a).
SB459, s. 61
15Section
61. 25.17 (1) (ai) of the statutes is repealed.
SB459, s. 62
16Section
62. 25.96 of the statutes is amended to read:
SB459,23,21
1725.96 Utility public benefits fund. There is established a separate
18nonlapsible trust fund designated as the utility public benefits fund, consisting of
19deposits by the
public service commission under s. 196.374 (3), public benefits fees
20received fiscal agent under
s.
ss. 16.957
(4) (a) (2) (c) 4. and (5) (c) and (d)
1. a. and
21contributions received under s. 16.957 (2) (c) 4 196.374 (3) and (3r).
SB459, s. 63
22Section
63. 25.97 of the statutes is repealed.
SB459, s. 64
23Section
64. 71.26 (1) (g) of the statutes is created to read:
SB459,23,2524
71.26
(1) (g)
Electric utilities. The amount that an electric utility, as defined
25in s. 16.957 (1) (g), collects from customers under s. 16.957 (4) (a).
SB459, s. 65
1Section
65. 76.28 (1) (d) of the statutes is amended to read:
SB459,25,102
76.28
(1) (d) "Gross revenues" for a light, heat and power company other than
3a qualified wholesale electric company or a transmission company means total
4environmental control charges paid to the company under a financing order issued
5under s. 196.027 (2) and total operating revenues as reported to the public service
6commission except revenues for interdepartmental sales and for interdepartmental
7rents as reported to the public service commission and deductions from the sales and
8use tax under s. 77.61 (4), except that the company may subtract from revenues
9either the actual cost of power purchased for resale, as reported to the public service
10commission, by a light, heat and power company, except a municipal light, heat and
11power company, that purchases under federal or state approved wholesale rates
12more than 50% of its electric power from a person other than an affiliated interest,
13as defined in s. 196.52 (1), if the revenue from that purchased electric power is
14included in the seller's gross revenues or the following percentages of the actual cost
15of power purchased for resale, as reported to the public service commission, by a
16light, heat and power company, except a municipal light, heat and power company
17that purchases more than 90% of its power and that has less than $50,000,000 of
18gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on
19May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a
20qualified wholesale electric company, "gross revenues" means total business
21revenues from those businesses included under par. (e) 1. to 4. For a transmission
22company, "gross revenues" means total operating revenues as reported to the public
23service commission, except revenues for transmission service that is provided to a
24public utility that is subject to the license fee under sub. (2) (d), to a public utility, as
25defined in s. 196.01 (5), or to a cooperative association organized under ch. 185 for
1the purpose of providing electricity to its members only. For an electric utility, as
2defined in s. 16.957 (1) (g), "gross revenues" does not include public benefits fees
3collected by the electric utility under s. 16.957 (4) (a) or (5) (a)
. For a generator public
4utility, "gross revenues" does not include any grants awarded to the generator public
5utility under s. 16.958 (2) (b). For a wholesale supplier, as defined in s. 16.957 (1) (w),
6"gross revenues" does not include any public benefits fees that are received from a
7municipal utility or retail electric cooperative or under a joint program established
8under s. 16.957 (5) (f). For a municipal utility, "gross revenues" does not include
9public benefits fees received by the municipal utility from a municipal utility or retail
10electric cooperative under a joint program established under s. 16.957 (5) (f).
SB459, s. 66
11Section
66. 76.48 (1g) (d) of the statutes is amended to read:
SB459,26,312
76.48
(1g) (d) "Gross revenues" means total operating revenues, except
13revenues for interdepartmental sales and for interdepartmental rents, less
14deductions from the sales and use tax under s. 77.61 (4) and, in respect to any electric
15cooperative that purchases more than 50% of the power it sells, less the actual cost
16of power purchased for resale by an electric cooperative, if the revenue from that
17purchased electric power is included in the seller's gross revenues or if the electric
18cooperative purchased more than 50% of the power it sold in the year prior to
19January 1, 1988, from a seller located outside this state.
For an electric cooperative,
20"gross revenues" does not include grants awarded to the electric cooperative under
21s. 16.958 (2) (b). For a retail electric cooperative, "gross revenues" does not include
22public benefits fees collected by the retail electric cooperative under s. 16.957 (5) (a),
23public benefits fees received by the retail electric cooperative from a retail electric
24cooperative or municipal utility under a joint program established under s. 16.957
25(5) (f). For a wholesale supplier, as defined in s. 16.957 (1) (w), "gross revenues" does
1not include any public benefits fees that are received from a municipal utility, as
2defined in s. 16.957 (1) (q), or retail electric cooperative or under a joint program
3established under s. 16.957 (5) (f).
SB459, s. 67
4Section
67. 77.54 (44) of the statutes is amended to read:
SB459,26,65
77.54
(44) The gross receipts from the collection of
amounts under s. 16.957 (4)
6(a) or public benefits fees that are charged under s. 16.957
(4) (a) or (5) (a).
SB459, s. 68
7Section
68. 79.005 (4) (d) of the statutes is amended to read:
SB459,26,118
79.005
(4) (d) Replacing steam generating equipment at a combustion-based
9renewable facility, as defined in s. 196.378 (1) (g),
that is located in this state, to
10increase efficiency or capacity, if the facility remains a combustion-based renewable
11facility, as defined in s. 196.378 (1) (g), after replacing the equipment.
SB459, s. 69
12Section
69. 101.027 (1) (intro.) and (a) of the statutes are consolidated,
13renumbered 101.027 (1) (a) and amended to read:
SB459,26,1714
101.027
(1) (a) In this section
: (a) "Energy, "energy conservation code" means
15the energy conservation code promulgated by the department that sets design
16requirements for construction and equipment for the purpose of energy conservation
17in public buildings and places of employment.
SB459, s. 70
18Section
70. 101.027 (1) (b) of the statutes is repealed.
SB459, s. 71
19Section
71. 101.027 (2) of the statutes is amended to read: