AB755: Bill Text

AB755,17,2 (c) Based on good cause shown by the disclosures required under par. (a) 7., the commission may disapprove a contractor or subcontractor for inclusion in the prequalification list under par. (a). The commission shall promulgate rules defining "good cause" for purposes of this paragraph.

AB755,17,10 (d) A contractor or subcontractor shall report to the commission any material change to its business or operations that are relevant to the commission's approval to include the contractor or subcontractor in the prequalification list under par. (a). A contractor or subcontractor shall make a report required under this paragraph no later than 15 days after obtaining knowledge of the material change. If a contractor or subcontractor violates this paragraph, the commission may revoke the contractor's or subcontractor's inclusion in the prequalification list for a period of no more than 3 years.

AB755,17,15 (e) Except for conditional approvals under par. (f), a contractor's or subcontractor's inclusion in the prequalification list under par. (a) is valid for 2 years, unless the commission revokes the inclusion under par. (d). The commission shall promulgate rules for a contractor or subcontractor to apply every 2 years for the commission to renew an approval for inclusion in the prequalification list.

AB755,17,19 (f) The commission may conditionally approve a contractor or subcontractor for inclusion in the prequalification list under par. (a) for a period not exceeding 2 years. The commission shall set forth in writing any conditions of an approval made under this paragraph.

AB755,17,22 (g) Prior to disapproving a contractor or subcontractor for inclusion in the prequalification list under par. (a), the commission shall provide the contractor or subcontractor with notice and opportunity to be heard.

AB755,18,2 (h) The commission shall make the prequalification list under par. (a) available to the public. The prequalification list shall show the name, address, identification number assigned by the commission, and approval renewal date for each contractor or subcontractor. The commission shall update the prequalification list on a monthly basis and make the updated lists available to the public.

AB755,18,8 (i) The commission shall periodically review the qualifications and performance of contractors and subcontractors included in the prequalification list under par. (a). For good cause shown, the commission may, after notice and opportunity to be heard, revoke a contractor's or subcontractor's inclusion on the prequalification list. The commission shall promulgate rules defining "good cause" for purposes of this paragraph.

AB755,18,15 (6) Utilities. (a) A utility for which the commission authorizes a program under sub. (2) and approves a tariff under sub. (3) may include a separate line item on bills of a customer at premises benefited by an improvement or application made or installed under the program that compares the costs of the program borne by the customer with the energy savings resulting from the improvement or application. Notwithstanding s. 218.04, a utility need not obtain a license as a collection agency for this billing practice.

AB755,18,19 (b) Any costs that an energy utility, as defined in s. 196.374 (1) (e), incurs to administer, fund, or provide administrative services for an investment made in accordance with a tariff approved under sub. (3) shall be in addition to the amounts the commission requires the energy utility to spend under s. 196.374 (3) (b) 2.

AB755,18,22 (c) A utility shall use any payments received for improvements and applications from customers pursuant to a program authorized under sub. (2) to invest in other improvements and applications under the program.

AB755,18,24 (d) 1. A utility for which a program is authorized under sub. (2) shall prioritize the utility's spending on the program in the following manner:

AB755,19,4 a. If the source of the spending is a grant under sub. (8) (b), the utility shall give the greatest priority to improvements and applications at residential premises and the least priority to improvements and applications at nonresidential premises of customers with the greatest demand for service provided by the utility.

AB755,19,8 b. If the source of the spending is not a grant under sub. (8) (b), the utility shall give the greatest priority to improvements and applications at nonresidential premises of customers with the greatest demand for service provided by the utility and the least priority to improvements and applications at residential premises.

AB755,19,11 2. The commission shall promulgate rules implementing the requirements of subd. 1. and requiring utilities to make annual reports to the commission regarding their implementation of the requirements.

AB755,19,13 (e) A utility may not recover from ratepayers any bad debt related to nonutility services provided under a tariff approved under sub. (3).

AB755,19,16 (7) Political subdivisions. (a) A political subdivision shall use any repayments of political subdivision loans to make additional political subdivision loans.

AB755,19,23 (b) A political subdivision shall prioritize spending on political subdivision loans in a manner that gives the greatest priority to improvements and applications at residential premises and the least priority to improvements and applications at nonresidential premises of utility customers with the greatest demand for service provided by utilities. The commission shall promulgate rules implementing the requirements of this paragraph and requiring political subdivisions to make annual reports to the commission regarding their implementation of the requirements.

AB755,19,25 (8) Grants. (a) In this subsection, "block grant program" means the the energy efficiency and conservation block grant program under P.L. 111-5.

AB755,20,8 (b) Notwithstanding s. 16.54 (2) (a), the commission shall administer all moneys received by the state under the block grant program for the purpose of making grants to political subdivisions that make political subdivision loans and to utilities for which programs are authorized under sub. (2). The commission shall allocate the moneys received under the block grant program in the manner required under the block grant program. A political subdivision or utility may use a grant only for costs associated with political subdivision loans or a program authorized under sub. (2).

AB755, s. 17 Section 17. 196.378 (1) (i) of the statutes is amended to read:

AB755,20,11 196.378 (1) (i) "Renewable resource credit" means a credit calculated in accordance with rules promulgated under sub. (3) (a) 1. and , 1m., or 2.

AB755, s. 18 Section 18. 196.378 (3) (a) 1. of the statutes is amended to read:

AB755,21,2 196.378 (3) (a) 1. Subject to subd. 2., an electric provider that provides total renewable energy to its retail electric customers or members in excess of the percentages specified in sub. (2) (a) 2., or that satisfies the requirements specified in rules promulgated under subd. 1m., may, in the applicable year, create a renewable resource credit and sell to any other electric provider the renewable resource credit or a portion of the renewable resource credit at any negotiated price. An electric provider that creates or purchases a renewable resource credit or portion may use the credit or portion in a subsequent year, as provided under par. (c), to establish compliance with sub. (2) (a) 2. The commission shall promulgate rules that establish requirements for the creation and use of a renewable resource credit created on or after January 1, 2004, including calculating the amount of a renewable resource credit, and for the tracking of renewable resource credits by a regional renewable resource credit tracking system. The rules shall specify the manner for aggregating or allocating credits under this subdivision or sub. (2) (b) 4. or 5.

AB755, s. 19 Section 19. 196.378 (3) (a) 1m. of the statutes is created to read:

AB755,21,14 196.378 (3) (a) 1m. The commission shall promulgate rules that allow an electric utility to create renewable resource credits based on the reduction in electricity usage, increase in the efficiency of electricity usage, and generation of renewable energy that results in a year from an improvement or application, as defined in s. 196.3745 (1) (c), under a program of the electric utility that is authorized under s. 196.3745 (2), but only if the utility's spending source for the improvement or application is not a grant under s. 196.3745 (8) (b). The rules shall include requirements for measuring the amount of such a reduction, increase, and generation and calculating the amount of a renewable resource credit. With respect to reductions, the rules shall provide that a reduction equal to one kilowatt-hour results in the creation of a renewable resource credit equal to one kilowatt-hour.

AB755, s. 20 Section 20. 196.378 (3) (c) of the statutes is amended to read:

AB755,21,22 196.378 (3) (c) A renewable resource credit created under s. 196.378 (3) (a), 2003 stats., may not be used after December 31, 2011. A renewable resource credit created under par. (a) 1., 1m., or 2., as affected by 2005 Wisconsin Act 141, may not be used after the 4th year after the year in which the credit is created, except the commission may promulgate rules specifying a different period of time if the commission determines that such period is necessary for consistency with any regional renewable resource credit trading program that applies in this state.

AB755, s. 21 Section 21 . 227.01 (13) (t) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755,22,5 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, 196.3745 (5) (a) 1., and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, 196.3745 (5) (a) 1., and 229.8275 is subject to judicial review under s. 227.40.

AB755, s. 22 Section 22. 709.03 (form) C. 25m. of the statutes is created to read:

AB755,22,7 709.03 (form) - See PDF for table

AB755, s. 23 Section 23 . 946.15 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755,23,7 946.15 (1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), 196.3745 (5) (a) 1., or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) to give up, waive, or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3) or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), 196.3745 (5) (a) 1., or 229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony.

AB755, s. 24 Section 24 . 946.15 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755,23,24 946.15 (2) Any person employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), 196.3745 (5) (a) 1., or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3) or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), 196.3745 (5) (a) 1., or 229.8275 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

AB755, s. 25 Section 25 . 946.15 (3) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755,24,13 946.15 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), 196.3745 (5) (a) 1., or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class I felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

AB755, s. 26 Section 26 . 946.15 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755,24,24 946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), 196.3745 (5) (a) 1., or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

AB755, s. 27 Section 27. Nonstatutory provisions.

AB755,25,13 (1) By the first day of the 4th month beginning after the effective date of this subsection, the public service commission shall, using the procedure under section 227.24 of the statutes, promulgate the rules required under section 196.3745 (4) (a), (b), and (c), (5) (a) 8. and 9., (b), (c), (e), and (i), (6) (d) 2., and (7) (b) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 196.3745 (4) (a), (b), and (c), (5) (a) 8. and 9., (b), (c), (e), and (i), (6) (d) 2. and (7) (b) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the public service commission is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB755,26,2 (2) If the public service commission determines to promulgate rules instead of issuing an order under section 196.374 (2) (d) of the statutes, as created by this act, then, by the first day of the 4th month beginning after the effective date of this subsection, the public service commission shall, using the procedure under section 227.24 of the statutes, promulgate rules under section 196.374 (2) (d) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 196.374 (2) (d) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the public service commission is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB755,26,13 (3) By the first day of the 4th month beginning after the effective date of this subsection, the department of administration shall, using the procedure under section 227.24 of the statutes, promulgate the rules required under section 16.26 (2) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 16.26 (2) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of administration is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB755, s. 28 Section 28. Initial applicability.

AB755,26,16 (1) The treatment of sections 66.027 (8) and 196.3745 of the statutes first applies to loans made by political subdivisions on the effective date of this subsection.

AB755,26,19 (2) The treatment of section 709.03 (form) C. 25m. of the statutes first applies to original real estate condition reports that are furnished on the effective date of this subsection.

AB755,26,20 (End)