SB459: Bill Text

SB459,17,20 16.957 (2) (d) 4. Provide for an annual independent audit and submit Submit an annual report to the legislature under s. 13.172 (2) that describes each of the following: 4. a. The the expenses of the department, other state agencies, and grant recipients in administering or participating in the programs under pars. (a) and (b). 4. d. Any and any other issue identified by the department, council, governor, speaker of the assembly, or majority leader of the senate.

SB459, s. 28 Section 28. 16.957 (2) (d) 4. b. and c. of the statutes are repealed.

SB459, s. 29 Section 29. 16.957 (2) (d) 5. of the statutes is created to read:

SB459,17,24 16.957 (2) (d) 5. Cooperate with the commission in the administration of public benefits programs.

SB459, s. 30 Section 30. 16.957 (3) (title) of the statutes is repealed.

SB459, s. 31 Section 31. 16.957 (3) (a) of the statutes is renumbered 16.957 (2) (br) 1. and amended to read:

SB459,18,7 16.957 (2) (br) 1. The department shall, on the basis of competitive bids, contract with community action agencies described in s. 46.30 (2) (a) 1., nonstock, nonprofit corporations organized under ch. 181 or local units of government to provide services under the low-income assistance programs established under sub. (2) par. (a).

SB459, s. 32 Section 32. 16.957 (3) (b) and (c) of the statutes are consolidated, renumbered 16.957 (2) (br) 2. and amended to read:

SB459,18,20 16.957 (2) (br) 2. The department shall, on the basis of competitive bids, contract with one or more nonstock, nonprofit corporations organized under ch. 181 to administer the energy efficiency and renewable resource programs established under sub. (2) par. (b) 1., including soliciting proposals, processing grant applications, selecting, based on criteria specified in rules promulgated under sub. (2) par. (c) 2m., proposals for the department to make awards and distributing grants to recipients. (c) In selecting proposals and awarding such grants under sub. (2) (b), the department or such a nonprofit corporation specified in par. (b) may not discriminate against an electric provider or its affiliate or a wholesale electric supplier or its affiliate solely on the basis of its status as an electric provider, wholesale electric supplier or affiliate.

SB459, s. 33 Section 33. 16.957 (4) (a) of the statutes is amended to read:

SB459,19,5 16.957 (4) (a) Requirement to charge public benefits fees collect funding. Each electric utility, except for a municipal utility, shall charge each customer a public benefits fee in an amount established in rules promulgated by the department under par. (b). An electric utility, except for a municipal utility, shall collect and pay the fees to the department in accordance with the rules promulgated under par. (b). The public benefits fees collected by an electric utility shall be considered trust funds of the department and not income of the electric utility collect from its customers the amounts required by the commission under s. 196.374 (3m) (c) and, as directed by the fiscal agent, pay the amounts collected to the fiscal agent.

SB459, s. 34 Section 34. 16.957 (4) (am) of the statutes is renumbered 196.374 (6) and amended to read:

SB459,19,16 196.374 (6) Electric bills; annual statements. An electric utility shall include a public benefits fee in the fixed charges for electricity in a customer's bill and shall identify on a customer's bill the amount that the electric utility is collecting from the customer for that billing period to make the collections required under sub. (3m) (c). The commission may specify the manner in which the amount is identified. An electric utility shall provide the customer customers with an annual statement that identifies the annual charges cost and benefit information for public benefits fees and describes the programs for which fees the amounts collected under sub. (3m) (c) are used.

SB459, s. 35 Section 35. 16.957 (4) (b) of the statutes is repealed.

SB459, s. 36 Section 36. 16.957 (4) (c) (title) of the statutes is repealed.

SB459, s. 37 Section 37. 16.957 (4) (c) (intro.) of the statutes is repealed.

SB459, s. 38 Section 38. 16.957 (4) (c) 1. (intro.) of the statutes is renumbered 16.957 (2) (am) (intro.) and amended to read:

SB459,20,5 16.957 (2) (am) Low-income funding. (intro.) In fiscal year 1999-2000, a portion of the public benefits fee shall be an amount that, when added to 50% of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year, shall equal $24,000,000. In each fiscal year after fiscal year 1999-2000, a portion of the public benefits fee shall be an, determine the amount of funding required for low-income assistance programs. The amount so determined for a fiscal year shall be the amount that, when added to the sum of the following shall equal sum, equals the low-income need target for that fiscal year that is determined by the department under sub. (2) par. (d) 1.:

SB459, s. 39 Section 39. 16.957 (4) (c) 1. a. and b. of the statutes are renumbered 16.957 (2) (am) 1. and 2.

SB459, s. 40 Section 40. 16.957 (4) (c) 1. c. of the statutes is amended to read:

SB459,20,11 16.957 (4) (c) 1. c. The total amount spent on low-income assistance programs or contributed to the commission by electric utilities under s. 196.374 (3) for that fiscal year for low-income assistance.

SB459, s. 41 Section 41. 16.957 (4) (c) 2. of the statutes is repealed.

SB459, s. 42 Section 42. 16.957 (4) (c) 3. of the statutes is repealed.

SB459, s. 43 Section 43. 16.957 (5) (b) 1. of the statutes is amended to read:

SB459,20,17 16.957 (5) (b) 1. No later than October 1, 2000, each municipal utility or retail electric cooperative shall notify the department whether it has elected to contribute to the programs established under sub. (2) (a) or (b) 1. for a 3-year period.

SB459, s. 44 Section 44. 16.957 (5) (b) 2. of the statutes is amended to read:

SB459,20,22 16.957 (5) (b) 2. No later than every 3rd year after the date specified in subd. 1., each municipal utility or retail electric cooperative shall notify the department whether it has elected to contribute to the programs established under sub. (2) (a) or (b) 1. for a 3-year period.

SB459, s. 45 Section 45. 16.957 (5) (c) of the statutes is amended to read:

SB459,21,4 16.957 (5) (c) Full contribution. If a municipal utility or retail electric cooperative elects under par. (b) 1. or 2. to contribute to the programs established both under sub. (2) (a) and under sub. (2) (b) 1., it shall pay 100% 100 percent of the public benefits fees that it charges under par. (a) to the department fiscal agent in each fiscal year of the 3-year period for which it has made the election. The fiscal agent shall deposit 50 percent of the fees into the utility public benefits fund.

SB459, s. 46 Section 46. 16.957 (5) (d) 1. a. of the statutes is amended to read:

SB459,21,8 16.957 (5) (d) 1. a. Pay 50% of the public benefits fees that it charges under par. (a) to the department fiscal agent. The fiscal agent shall deposit the fees into the utility public benefits fund.

SB459, s. 47 Section 47. 16.957 (5) (d) 1. b. of the statutes is amended to read:

SB459,21,11 16.957 (5) (d) 1. b. Spend 50% of the public benefits fees that it charges under par. (a) on energy conservation efficiency programs.

SB459, s. 48 Section 48. 16.957 (5) (d) 2. (intro.) of the statutes is amended to read:

SB459,21,16 16.957 (5) (d) 2. (intro.) If the municipal utility or retail electric cooperative elects to contribute only to the programs established under sub. (2) (b) 1., the municipal utility or retail electric cooperative shall, in each fiscal year of the 3-year period for which it elects to contribute under par. (b) 1. or 2., do all of the following:

SB459, s. 49 Section 49. 16.957 (5) (d) 2. a. of the statutes is amended to read:

SB459,21,19 16.957 (5) (d) 2. a. Pay 50% of the public benefits fees that it charges under par. (a) to the department fiscal agent.

SB459, s. 50 Section 50. 16.957 (5) (d) 2. b. of the statutes is amended to read:

SB459,21,22 16.957 (5) (d) 2. b. Spend 50% of the public benefits fees that it charges under par. (a) on programs for low-income assistance programs.

SB459, s. 51 Section 51. 16.957 (5) (d) 3. (intro.) of the statutes is amended to read:

SB459,22,3 16.957 (5) (d) 3. (intro.) If the municipal utility or retail electric cooperative elects not to contribute to any of the programs established under sub. (2) (a) or (b) 1., the municipal utility or retail electric cooperative shall, in each fiscal year of the 3-year period for which it elects not to contribute under par. (b) 1. or 2., do all of the following:

SB459, s. 52 Section 52. 16.957 (5) (d) 3. a. of the statutes is amended to read:

SB459,22,6 16.957 (5) (d) 3. a. Spend 50% of the public benefits fees that it charges under par. (a) on programs for low-income assistance programs.

SB459, s. 53 Section 53. 16.957 (5) (d) 3. b. of the statutes is amended to read:

SB459,22,9 16.957 (5) (d) 3. b. Spend 50% of the public benefits fees that it charges under par. (a) on energy conservation efficiency programs.

SB459, s. 54 Section 54. 16.957 (5) (e) (intro.) of the statutes is amended to read:

SB459,22,14 16.957 (5) (e) Wholesale supplier credit. (intro.) If a wholesale supplier has established a program for low-income assistance or an energy conservation efficiency program, a municipal utility or retail electric cooperative that is a customer or member of the wholesale supplier may do any of the following:

SB459, s. 55 Section 55. 16.957 (5) (e) 1. of the statutes is amended to read:

SB459,22,21 16.957 (5) (e) 1. Include an amount equal to the product of the municipal utility's or retail electric cooperative's wholesale supply percentage and the amount that the wholesale supplier has spent on low-income assistance programs in a fiscal year in calculating the amount that the municipal utility or retail electric cooperative has spent on low-income assistance programs in that fiscal year under par. (d) 2. b. or 3. a.

SB459, s. 56 Section 56. 16.957 (5) (e) 2. of the statutes is amended to read:

SB459,23,3 16.957 (5) (e) 2. Include an amount equal to the product of the municipal utility's or retail electric cooperative's wholesale supply percentage and the amount that the wholesale supplier has spent on energy conservation programs efficiency or customer applications of renewable resources resource programs in a fiscal year in calculating the amount that the municipal utility or retail electric cooperative has spent on energy conservation efficiency programs under par. (d) 1. b. or 3. b.

SB459, s. 57 Section 57. 16.958 of the statutes is repealed.

SB459, s. 58 Section 58. 20.505 (3) (rr) of the statutes is repealed.

SB459, s. 59 Section 59. 20.505 (3) (s) of the statutes is repealed.

SB459, s. 60 Section 60. 20.924 (1) (j) of the statutes is created to read:

SB459,23,14 20.924 (1) (j) Shall not enter into any lease or other contract that provides for the construction of any building, structure, or facility, or portion thereof, for initial occupancy by the state and that contains an option for the state to purchase the building, structure, or facility unless the seller or lessor agrees that all equipment to be installed as a component of the building, structure, or facility that relates to any function that consumes energy meets applicable requirements for state building projects under s. 16.855 (10s) (a).

SB459, s. 61 Section 61. 25.17 (1) (ai) of the statutes is repealed.

SB459, s. 62 Section 62. 25.96 of the statutes is amended to read:

SB459,23,21 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 fiscal agent under s. ss. 16.957 (4) (a) (2) (c) 4. and (5) (c) and (d) 1. a. and contributions received under s. 16.957 (2) (c) 4 196.374 (3) and (3r).

SB459, s. 63 Section 63. 25.97 of the statutes is repealed.

SB459, s. 64 Section 64. 71.26 (1) (g) of the statutes is created to read:

SB459,23,25 71.26 (1) (g) Electric utilities. The amount that an electric utility, as defined in s. 16.957 (1) (g), collects from customers under s. 16.957 (4) (a).

SB459, s. 65 Section 65. 76.28 (1) (d) of the statutes is amended to read:

SB459,25,10 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 environmental control charges paid to the company under a financing order issued under s. 196.027 (2) and 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).

SB459, s. 66 Section 66. 76.48 (1g) (d) of the statutes is amended to read:

SB459,26,3 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).

SB459, s. 67 Section 67. 77.54 (44) of the statutes is amended to read:

SB459,26,6 77.54 (44) The gross receipts from the collection of amounts under s. 16.957 (4) (a) or public benefits fees that are charged under s. 16.957 (4) (a) or (5) (a).

SB459, s. 68 Section 68. 79.005 (4) (d) of the statutes is amended to read:

SB459,26,11 79.005 (4) (d) Replacing steam generating equipment at a combustion-based renewable facility, as defined in s. 196.378 (1) (g), that is located in this state, to increase efficiency or capacity, if the facility remains a combustion-based renewable facility, as defined in s. 196.378 (1) (g), after replacing the equipment.

SB459, s. 69 Section 69. 101.027 (1) (intro.) and (a) of the statutes are consolidated, renumbered 101.027 (1) (a) and amended to read:

SB459,26,17 101.027 (1) (a) In this section: (a) "Energy, "energy conservation code" means the energy conservation code promulgated by the department that sets design requirements for construction and equipment for the purpose of energy conservation in public buildings and places of employment.

SB459, s. 70 Section 70. 101.027 (1) (b) of the statutes is repealed.

SB459, s. 71 Section 71. 101.027 (2) of the statutes is amended to read:

SB459,27,10 101.027 (2) The department shall review the energy conservation code and shall promulgate rules that change the requirements of the energy conservation code to improve energy conservation. No rule may be promulgated that has not taken into account the cost of the energy conservation code requirement, as changed by the rule, in relationship to the benefits derived from that requirement, including the reasonably foreseeable economic and environmental benefits to the state from any reduction in the use of imported fossil fuel. The proposed rules changing the energy conservation code shall be submitted to the legislature in the manner provided under s. 227.19. In conducting a review under this subsection, the department shall consider incorporating, into the energy conservation code, design requirements from the most current national energy efficiency design standards, including standard 90.1 - 1989 the International Energy Conservation Code or an energy efficiency code other than standard 90.1 - 1989 the International Energy Conservation Code if that energy efficiency code is used to prescribe design requirements for the purpose of conserving energy in buildings and is generally accepted and used by engineers and the construction industry.

SB459, s. 72 Section 72. 101.027 (3) (a) 1. of the statutes is amended to read:

SB459,27,13 101.027 (3) (a) 1. A revision of standard 90.1 - 1989 the International Energy Conservation Code is published.

SB459, s. 73 Section 73. 101.027 (3) (a) 2. of the statutes is amended to read:

SB459,27,17 101.027 (3) (a) 2. Five Three years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code.

SB459, s. 74 Section 74. 101.027 (3) (b) 1. of the statutes is amended to read:

SB459,27,25 101.027 (3) (b) 1. If the department begins a review under sub. (2) because a revision of standard 90.1 - 1989 the International Energy Conservation Code is published, the department shall complete its review of the energy conservation code, as defined in sub. (1) (a), and submit to the legislature proposed rules changing the energy conservation code, as defined in sub. (1) (a), no later than 18 months after the date on which the revision of standard 90.1 - 1989 the International Energy Conservation Code is published.

SB459, s. 75 Section 75. 101.027 (3) (b) 2. of the statutes is amended to read:

SB459,28,7 101.027 (3) (b) 2. If the department begins a review under sub. (2) because 5 3 years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code, the department shall complete its review of the energy conservation code and submit to the legislature proposed rules changing the energy conservation code no later than 9 months after the last day of the 5-year 3-year period.

SB459, s. 76 Section 76. 196.374 (title) of the statutes is amended to read:

SB459,28,10 196.374 (title) Low-income assistance, energy efficiency and other Public benefits programs.

SB459, s. 77 Section 77. 196.374 (1) (title) of the statutes is created to read:

SB459,28,12 196.374 (1) (title) Definitions.

SB459, s. 78 Section 78. 196.374 (1) (a) of the statutes is renumbered 196.374 (1) (ag).

SB459, s. 79 Section 79. 196.374 (1) (an) of the statutes is created to read: