AB755: Bill Text

Analysis by the Legislative Reference Bureau

This bill allows the Public Service Commission (PSC) to authorize an electric, natural gas, or water public utility (utility) to administer, fund, or provide administrative services for a program for investing in energy efficiency improvements and renewable resource applications at any type of premises served by the utility. The bill defines "energy efficiency improvement" as an improvement that reduces the usage of energy or increases the efficiency of energy usage at premises, and the bill defines "renewable resource application" as the application of specified renewable energy resources, such as, for example, solar or wind power, at premises. The bill allows the PSC to authorize a program only upon application by a utility and prohibits the PSC from requiring that utilities participate in such a program. In addition, if the utility is an investor-owned electric or natural gas utility (energy utility), the PSC may authorize a program only if the PSC finds the program is cost-effective. The bill requires a utility for which the PSC authorizes a program to file a tariff with the PSC that specifies the terms and conditions of utility and nonutility service provided to customers at premises where energy efficiency improvements or renewable resource applications are made under the program. A tariff has no effect until approved by the PSC.

In addition, the bill specifies that premises are not eligible for an investment under an authorized program unless an audit is performed that demonstrates that an energy efficiency improvement or renewable resource application is cost-effective, as specified in rules promulgated by the PSC. The rules may specify criteria that include comparing the cost of an improvement or application to the value of the premises. In addition, for an energy efficiency improvement, the rules may specify criteria that include the energy savings resulting from the improvement and the period of time required for the energy savings to equal the cost of the improvement. In addition, the PSC must promulgate rules requiring the performance of audit after an energy efficiency improvement or renewable resource application is made or installed. The purpose of such a postaudit is to verify that the improvement or application was made or installed. The bill requires the PSC to promulgate rules specifying the certification requirements that a person must satisfy to perform either type of audit.

The bill also requires that all work involved in making or installing an energy efficiency improvement or renewable resource application under an authorized program must be performed by a contractor or subcontractor that the PSC has included on a prequalification list of approved contractors and subcontractors. The PSC may include a contractor or subcontractor on the list only if the PSC determines that the contractor or subcontractor satisfies certain requirements, including the following: 1) agrees to comply with prevailing wage and substance abuse prevention requirements that apply to certain public works projects; 2) certifies that employees are not improperly classified as independent contractors in violation of federal or state law; 3) satisfies cultural competency requirements in rules promulgated by the PSC; 4) certifies every three years that not less than 30 percent of the total hours worked on an individual energy efficiency improvement or renewable resource application will be performed by individuals who had incomes in the prior year that do not exceed 200 percent of federal poverty guidelines and who reside in the 1st or 2nd class city where the work is performed, or, if the work is not performed in a 1st or 2nd class city in the county where the work is performed; and 5) discloses certain past disciplinary actions and violations of federal or state law. If the past disciplinary actions and violations constitute "good cause," as defined by the PSC by rule, the PSC may exclude a contractor or subcontractor from the list. In addition, the PSC must determine that a contractor or subcontractor has agreed to sponsor an apprenticeship program administered by the Department of Workforce Development. However, the bill allows work to be performed by a contractor or subcontractor who does not sponsor such a program, but only if contractors and subcontractors who sponsor such a program are not available to perform the work.

The bill also imposes the requirements described above regarding audits and prequalification on certain loans made under current law by cities, villages, towns, and counties (political subdivisions). Under current law, a political subdivision is authorized to make to make a loan to a resident for making or installing an energy efficiency improvement or renewable resource application to the resident's residential property. Current law allows a political subdivision to collect loan repayments as special charges, divide the special charges into installments, and include the special charges in tax rolls even if they are not delinquent. The bill allows political subdivisions to make the loans for any type of premises, not just residential property as under current law. In addition, a premises is not eligible for a loan unless the audit requirements described above are satisfied. The post-audit requirements also apply to the loans. Also, all work on energy efficiency improvements and renewable resource applications made or installed pursuant to a loan must be performed by contractors and subcontractors who are included on the prequalification list described above.

The bill also includes requirements for utilities and political subdivisions to prioritize spending on utility programs authorized under the bill and political subdivision loans. For utility spending whose source is a grant by the PSC, the utility must give the greatest priority to energy efficiency improvements and renewable resource applications at residential premises and the least priority to energy efficiency improvements and renewable resource applications at nonresidential premises of customers with the greatest demand for utility service. For utility spending from other sources, the priorities are reversed. For political subdivision loans, the bill requires political subdivisions to give the greatest priority to energy efficiency improvements and renewable resource applications at residential premises and the least priority to nonresidential premises of utility customers with the greatest demand for utility services. The PSC must promulgate rules implementing the priorities and requiring utilities and political subdivisions to make annual reports regarding implementation of the priorities.

The bill also does all of the following:

1. Requires the PSC to make grants to political subdivisions for loans described above and to utilities for programs authorized under the bill. The bill directs the PSC to make the grants from certain federal block grants that the state receives under a program administered by the federal Department of Energy under the American Recovery and Reinvestment Act of 2009. The bill also requires the PSC to allocate the federal grants in the manner required under the federal program.

2. Requires political subdivisions and utilities that receive payments from residents and customers for energy efficiency improvements and renewable resource applications under authorized utility programs and political subdivision loans to use the payments to invest in other improvements and applications.

3. Requires a tariff filed by a utility for which a program is authorized to include contracts between the utility and an owner of property benefited by an energy efficiency improvement or renewable resource application. The contracts must require the owner to do the following: a) inform lessees that are liable for utility service that the cost of the improvement or application will appear on the lessees' utility bills; and b) inform a purchaser of the property that the purchaser, or any other person who is liable for utility service at the property, is liable for the unpaid costs of the improvement or application, and that such costs will appear on utility bills for the property.

4. Allows a utility that participates in the program to include a separate line item on customer bills that compares certain costs of the program with energy savings resulting from an energy efficiency improvement or renewable resource application made under the program.

5. Prohibits a utility with an authorized program from recovering from ratepayers any bad debt related to nonutility services provided under the program.

6. Specifies that, if a utility with an authorized program is an energy utility, the PSC must ensure in rate-making orders that the utility recovers from its ratepayers the amounts spent on the program at a rate of return equal to the utility's overall rate of return authorized by the PSC.

7. Requires an owner of residential property to make a disclosure about an energy efficiency improvement or renewable resource application made under an authorized utility program on the real estate conditions report that is required for residential property transfers.

8. Requires contractors and subcontractors to apply to renew their inclusion on the prequalification list every two years, allows the PSC to conditionally approve a contractor or subcontractor for inclusion on the list, allows the PSC to revoke inclusion for "good cause," as defined in rules promulgated by the PSC, and requires the PSC to update the list on a monthly basis and make the list available to the public.

9. Requires the PSC to promulgate a rule or issue an order that prohibits any work under contracts under energy efficiency and renewable resource programs administered by the PSC under current law from being performed by contractors and subcontractors who are not included on the prequalification list described above. However, the rule or order must allow performance of work by contractors and subcontractors who do not satisfy the apprenticeship requirements only if contractors and subcontractors who do satisfy the requirements are not available to perform the work.

10. Requires DOA to promulgate a rule similar to the rule described above that applies to work under contracts under a federal weatherization program administered by DOA under current law.

11. Prohibits an energy utility from counting any spending under a program authorized under the bill toward compliance with requirements under current law for spending a specified percentage of the energy utility's annual operating revenues on energy efficiency and renewable resource programs.

Finally, current law requires certain electric utilities and cooperatives to ensure that, in a given year, a specified percentage of the electricity it sells at retail is derived from renewable resources. These requirements are commonly referred to as renewable portfolio standards (RPSs). Current law also allows electric utilities and cooperatives to create credits based on the amount of electricity derived from renewable resources that is sold at retail in a year and that exceeds the RPS for the year. Subject to certain restrictions, an electric utility or cooperative may use the credit in a subsequent year to help comply with an RPS, or sell the credit to another electric utility or cooperative to help the buyer comply with an RPS. This bill requires the PSC to promulgate rules that allow an electric utility to create an additional credit that can be used or sold like the credits under current law. The PSC's rules must allow for the creation of credits that are based on the reductions in energy usage, increases in efficiency of electricity usage, and generation of renewable energy that results from an energy efficiency improvement or renewable resource application under a program authorized by the PSC under the bill, but only if the spending source for the improvement or application is not a PSC grant under the bill. The PSC's rules must include requirements for measuring the amount of such reductions, increases, and generation, and calculating the amount of a credit. In addition, the bill eliminates the requirement under current law that a credit must be used in a year subsequent to the the year in which it is created or purchased.

For further information see the state and local 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:

AB755, s. 1 Section 1. 16.26 of the statutes is renumbered 16.26 (1).

AB755, s. 2 Section 2. 16.26 (2) of the statutes is created to read:

AB755,6,2 16.26 (2) The department shall prohibit by rule the performance of any work under a contract entered into under sub. (1) by a contractor or subcontractor who is not included in the list specified in s. 196.3745 (5) (a), except that the department's rule shall allow the performance of work by a contractor or subcontractor who does not satisfy the requirement under s. 196.3745 (5) (a) 3. if no contractor or subcontractor who satisfies the requirement is available to perform the work. This subsection applies to contracts that are entered into, extended, modified, or renewed on the effective date of the department's rule.

AB755, s. 3 Section 3. 66.0627 (8) of the statutes, as created by 2009 Wisconsin Act 11, is amended to read:

AB755,6,13 66.0627 (8) A Subject to s. 196.3745, a political subdivision may make a loan to a resident of the political subdivision for making or installing an energy efficiency improvement or a renewable resource application to the resident's residential property premises. If a political subdivision makes such a loan, the political subdivision may collect the loan repayment as a special charge under this section. Notwithstanding the provisions of sub. (4), a special charge imposed under this subsection may be collected in installments and may be included in the current or next tax roll for collection and settlement under ch. 74 even if the special charge is not delinquent.

AB755, s. 4 Section 4 . 103.49 (3) (ar) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755,6,22 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the department may not use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50, 196.3745 (5) (a) 1., or 229.8275 or 40 USC 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50, 196.3745 (5) (a) 1., or 229.8275 or 40 USC 3142.

AB755, s. 5 Section 5 . 109.09 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755,7,21 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 66.0904, 103.02, 103.49, 103.82, 104.12, 196.3745 (5) (a) 1., and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

AB755, s. 6 Section 6 . 111.322 (2m) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755,8,2 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 66.0904, 103.49, 196.3745 (5) (a) 1., or 229.8275 or testifies or assists in any action or proceeding under s. 66.0903, 66.0904, 103.49, 196.3745 (5) (a) 1., or 229.8275.

AB755, s. 7 Section 7. 196.374 (2) (b) 2m. of the statutes is created to read:

AB755,8,6 196.374 (2) (b) 2m. The commission may authorize an energy utility to administer, fund, or provide administrative services for a program described in s. 196.3745 (2) if the commission finds that the program is cost-effective.

AB755, s. 8 Section 8. 196.374 (2) (d) of the statutes is created to read:

AB755,8,16 196.374 (2) (d) Contractors. The commission shall prohibit, by order or rule, the performance of any work under a contract under a program under par. (a) 1., (b) 1. or 2., or (c) by a contractor or subcontractor who is not included in the list specified in s. 196.3745 (5) (a), except that the commission's order or rule shall allow the performance of work by a contractor or subcontractor who does not satisfy the requirement under s. 196.3745 (5) (a) 3. if no contractor or subcontractor who satisfies the requirement is available to perform the work. This paragraph applies to contracts that are entered into, extended, modified, or renewed on the effective date of the commission's order or rule.

AB755, s. 9 Section 9. 196.374 (4) (b) of the statutes is amended to read:

AB755,8,25 196.374 (4) (b) An energy utility that provides financing under an energy efficiency program under sub. (2) (b) 1. or 2. for installation, by a customer, of energy efficiency or renewable resource processes, equipment, or appliances, or an affiliate of such a utility, may not sell to or install for the customer those processes, equipment, appliances, or related materials. The Subject to any order or rule of the commission under sub. (2) (d), the customer shall acquire the installation of the processes, equipment, appliances, or related materials from an independent contractor of the customer's choice.

AB755, s. 10 Section 10. 196.374 (5) (a) of the statutes is renumbered 196.374 (5) (a) 1.

AB755, s. 11 Section 11. 196.374 (5) (a) 2. of the statutes is created to read:

AB755,9,7 196.374 (5) (a) 2. The commission shall ensure in rate-making orders that an energy utility recovers from its ratepayers the amounts the energy utility spends for a program authorized under sub. (2) (b) 2m. and that an energy utility is allowed to earn a rate of return on such amounts that is equal to the energy utility's overall rate of return authorized by the commission.

AB755, s. 12 Section 12. 196.374 (5) (b) 1. of the statutes is amended to read:

AB755,9,14 196.374 (5) (b) 1. Except as provided in sub. (2) (c) and par. (bm) 2., if the commission has determined that a customer of an energy utility is a large energy customer under 2005 Wisconsin Act 141, section 102 (8) (b), then, each month, the energy utility shall collect from the customer, for recovery of amounts under par. (a) 1., the amount determined by the commission under 2005 Wisconsin Act 141, section 102 (8) (c).

AB755, s. 13 Section 13. 196.374 (5) (b) 2. of the statutes is amended to read:

AB755,9,25 196.374 (5) (b) 2. A customer of an energy utility that the commission has not determined is a large energy customer under 2005 Wisconsin Act 141, section 102 (8) (b), may petition the commission for a determination that the customer is a large energy customer. The commission shall determine that a petitioner is a large energy customer if the petitioner satisfies the definition of large energy customer for any month in the 12 months preceding the date of the petition. If the commission makes such a determination, the commission shall also determine the amount that the energy utility may collect from the customer each month for recovery of the amounts under par. (a) 1. The commission shall determine an amount that ensures that the amount collected from the customer is similar to the amounts collected from other customers that have a similar level of energy costs as the customer. Except as provided in sub. (2) (c) and par. (bm) 2., each month, the energy utility shall collect from the customer, for recovery of amounts under par. (a) 1., the amount determined by the commission under this subdivision.

AB755, s. 14 Section 14. 196.374 (5) (bm) 1. of the statutes is amended to read:

AB755,10,14 196.374 (5) (bm) 1. The commission shall commence a proceeding for for creating a proposal for allocating within different classes of customers an equitable distribution of the recovery of the amounts under par. (a) 1. by all energy utilities. The purpose of the allocation is to ensure that customers of an energy utility within a particular class are treated equitably with respect to customers of other energy utilities within the same class. No later than December 31, 2008, the commission shall submit the proposal to the governor and chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature under s. 13.172 (3).

AB755, s. 15 Section 15. 196.374 (5m) (a) of the statutes is amended to read:

AB755,10,23 196.374 (5m) (a) The commission shall ensure that, on an annual basis, each customer class of an energy utility has the opportunity to receive grants and benefits under energy efficiency programs in an amount equal to the amount that is recovered from the customer class under sub. (5) (a) 1. Biennially, the commission shall submit a report to the governor, and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), that summarizes the total amount recovered from each customer class and the total amount of grants made to, and benefits received by, each customer class.

AB755, s. 16 Section 16. 196.3745 of the statutes is created to read:

AB755,11,2 196.3745 Energy efficiency and renewable energy investment program. (1) Definitions. In this section:

AB755,11,5 (a) "Cultural competency" means the ability to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes, and behaviors of persons of various cultures.

AB755,11,8 (b) "Energy efficiency improvement" means an improvement to any type of premises that reduces the usage of energy, or increases the efficiency of energy usage, at the premises.

AB755,11,10 (c) "Improvement or application" means an energy efficiency improvement or renewable resource application.

AB755,11,11 (d) "Political subdivision" means a city, village, town, or county.

AB755,11,13 (e) "Political subdivision loan" means a loan under s. 66.0627 (8) for an improvement or application.

AB755,11,15 (f) "Renewable resource application" means the application of a renewable resource, as defined in s. 196.374 (1) (j), at any type of premises.

AB755,11,17 (g) "Utility" means a public utility that furnishes electricity, natural gas, or water service to retail customers.

AB755,11,23 (2) Authorization. Subject to s. 196.374 (2) (b) 2m., the commission may, upon application by a utility, authorize the utility to administer, fund, or provide administrative services for a program for investing in improvements or applications for any type of premises served by the utility. Participation in such a program shall be at the discretion of utilities and premises owners, and the commission may not require that a utility or premises owner participate in such a program.

AB755,12,4 (3) Tariffs. A utility for which a program is authorized under sub. (2) shall file a tariff specifying the terms and conditions of utility and nonutility service provided to customers at premises where improvements or applications are made under the program. A tariff filed under this subsection shall have no effect until approved by the commission. A tariff filed by a utility under this subsection shall include all of the following:

AB755,12,7 (a) Terms and conditions for billing customers at premises for utility and nonutility service related to improvements or applications for which investments are made.

AB755,12,11 (b) A contract between the utility and an owner of property benefited by an improvement or application that requires the owner to inform any property lessees who are liable for utility service that the cost of the improvement or application will appear on the lessees' utility bills.

AB755,12,16 (c) A contract between the utility and an owner of property benefited by an improvement or application that requires the owner to inform any purchaser of the property that the purchaser, or any other person who is liable for utility service at the property, is liable for the unpaid cost of the improvement or application and that such unpaid cost will appear on utility bills for the property.

AB755,12,17 (d) Any other term or condition required by the commission.

AB755,13,3 (4) Audits. (a) Preaudits. A premises is not eligible for an investment for an improvement or application under a program authorized under sub. (2) and a premises is not eligible for a political subdivision loan unless an audit is performed that demonstrates that the improvement or application is cost-effective. The commission shall promulgate rules for determining whether an improvement or application is cost-effective. For an improvement or application, the rules may specify criteria that include comparing the cost of the improvement or application to the value of the premises benefited by the improvement or application. For an improvement, the rules may specify criteria that include the energy savings resulting from the improvement and the period of time required for the energy savings to equal the cost of the improvement.

AB755,13,8 (b) Postaudits. The commission shall promulgate rules requiring the performance of an audit after an improvement or application is made or installed under a program authorized under sub. (2) or pursuant to a political subdivision loan. The purpose of the audit shall be to verify that an improvement or application was made or installed.

AB755,13,11 (c) Certifications. The commission shall promulgate rules specifying the certification requirements that a person must satisfy in order to perform an audit required under this subsection.

AB755,13,18 (5) Contractors and subcontractors. (a) All work involved in making or installing an improvement or application under a program authorized under sub. (2) or pursuant to a political subdivision loan shall be performed by a contractor or subcontractor that the commission has included on a list of prequalified contractors and subcontractors. The commission shall approve a contractor or subcontractor for inclusion on the prequalification list only if the commission determines that the contractor or subcontractor satisfies all of the following:

AB755,14,7 1. Agrees to pay all employees working on an improvement or application for which an investment is made under the program, or for which the political subdivision loan is made, who would be entitled to receive the prevailing wage rate under s. 66.0903 and who would not be required or permitted to work more than the prevailing hours of labor, as defined in s. 103.49 (1) (c), if the improvement or application were a project of public works under s. 66.0903, not less than the prevailing wage rate determined under s. 66.0903 (3) or (6) and not to require or permit those employees to work more than the prevailing hours of labor, except as permitted under s. 66.0903 (4) (a); to keep and permit inspection of records in the same manner as a contractor performing work on a project of public works that is subject to s. 66.0903 is required to keep and permit inspection of records under s. 66.0903 (10); and otherwise to comply with s. 66.0903 in the same manner as a contractor performing work on a project of public works that is subject to s. 66.0903 is required to comply with s. 66.0903.

AB755,14,18 2. Agrees not to permit an employee working on an improvement or application for which an investment is made under the program or for which the political subdivision loan is made to use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, as defined in s. 103.503 (1) (d), or use or be under the influence of alcohol, while performing that work, to have in place a written program for the prevention of substance abuse among those employees in the same manner as a contractor performing work on a project of public works that is subject to s. 66.0903 is required to have in place such a written program under s. 103.503 (3), and otherwise to comply with s. 103.503 in the same manner as a contractor performing work on a project of public works that is subject to s. 66.0903 is required to comply with s. 103.503.

AB755,14,24 3. Except as provided in par. (b), agrees, if the contractor or subcontractor employs employees in trades that are apprenticeable under subch. I of ch. 106, to sponsor an apprenticeship training program that is approved by the department of workforce development for each of those trades and to employ in each of those trades the maximum ratio of apprentices to journeymen that are permitted under standards adopted, recognized, or approved by that department.

AB755,15,5 4. Provides the commission a detailed statement regarding related business entities if, at any time in the 3 years prior to inclusion on the prequalification list, the contractor or subcontractor has controlled or has been controlled by another corporation, partnership, or other business entity operating in the construction industry.

AB755,15,9 5. Certifies to the commission that the contractor or subcontractor understands that, in performing work under the program or pursuant to the political subdivision loan, the contractor or subcontractor will be required to use as subcontractors only those entities that are also included on the prequalification list.

AB755,15,11 6. Certifies to the commission that employees are not improperly classified as independent contractors in violation of federal or state law.

AB755,15,22 7. Discloses to the commission whether in the 3 years prior to inclusion on the prequalification list the contractor or subcontractor has had any type of business, contracting, or trade license, certification, or registration revoked or suspended; been debarred by any federal state, or local government agency; defaulted on any project; committed a willful violation of federal or state safety law as determined by a final decision of a court or government agency authority; or been found by a final decision of a court or government agency to be in violation of any other law relating to its contracting business, including wage and hour laws, prevailing wage laws, environmental laws, antitrust laws, or tax laws, where the penalty for such violation resulted in the imposition of a fine, back pay damages, or any other type of penalty, in an amount of more than $10,000.

AB755,15,24 8. Satisfies cultural competency requirements established in rules promulgated by the commission.

AB755,16,11 9. Certifies to the commission that not less than 30 percent of the total hours of work performed by the contractor or subcontractor on an individual improvement or application will be performed by individuals who, if the work is performed in a 1st or 2nd class city, reside in the 1st or 2nd class city, or, if the work is not performed in a 1st or 2nd class city, reside in the county in which the work is performed, and whose annual income during the year prior to performance of the work did not exceed 200 percent of the poverty level under the federal poverty income guidelines of the federal Department of Health and Human Services under 42 USC 9902 (2). The commission shall promulgate rules for making certifications under this subdivision. The rules shall provide that, once a contractor or subcontractor makes a certification under this subdivision, the certification is valid for 3 years.

AB755,16,16 10. Certifies to the commission that an application for inclusion on the prequalification list has been executed by a principal or person employed by the applicant who has sufficient knowledge to address all matters in the application, including an attestation stating, under the penalty of perjury, that all information submitted is true, complete, and accurate.

AB755,16,23 (b) The commission may include on the prequalification list under par. (a) a contractor or subcontractor who does not satisfy the requirement under par. (a) 3. The commission shall promulgate rules allowing a contractor or subcontractor who does not satisfy the requirement to perform work on an improvement or application for which an investment is made under a program authorized under sub. (2) or for which a political subdivision loan is made, only if no contractor or subcontractor who satisfies the requirement is available to perform the work.

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.