AB804: Bill Text

AB804,20,3 182.0175 (4) Right of action. This Except as provided in sub. (3) (d) 1. and (f), this section shall not affect any right of action or penalty which this state or any person may have.

AB804,35 Section 35. 182.0175 (5) of the statutes is amended to read:

AB804,20,14 182.0175 (5) Right to injunction. If any person engages in or is likely to engage in excavation inconsistent with this section and which results or is likely to result in damage to transmission facilities, the person who owns or operates the facilities may seek injunctive relief in the circuit court for the county in which the transmission facilities are located. If the transmission facilities are owned or operated by a public utility as defined in s. 196.01 (5), including a telecommunications carrier, as defined in s. 196.01 (8m), and the public utility does not seek injunctive relief, the attorney general, upon request of the public service commission, shall seek injunctive relief in the circuit court for the county in which the transmission facilities are located.

AB804,36 Section 36. 196.372 of the statutes is repealed.

AB804,37 Section 37. 196.374 (3) (b) 2. of the statutes is amended to read:

AB804,20,22 196.374 (3) (b) 2. The commission shall require each energy utility to spend 1.2 percent of its annual operating revenues derived from retail sales to fund the utility's programs under sub. (2) (b) 1., the utility's ordered programs, the utility's share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility's share, as determined by the commission under subd. 4., of the costs incurred by the commission in administering this section.

AB804,38 Section 38. 196.52 (3) (d) 2. of the statutes is amended to read:

AB804,21,5 196.52 (3) (d) 2. If a hearing is not held on an application under this subsection, the commission shall take final action on the application within 90 days after the commission issues a notice opening a docket on the application. The chairperson of the commission may extend the time period for an additional 90 days for good cause. If the commission fails to take final action within the initial 90-day period, or the extended 90-day time period, the commission is considered to have approved the application.

AB804,39 Section 39. 196.85 (1m) (e) of the statutes is created to read:

AB804,21,11 196.85 (1m) (e) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 182.0175 (3), the term "public utility" includes a person with whom the commission executes a consent agreement under s. 182.0175 (3) (c) 4. or against whom the commission issues an order under s. 182.0175 (3) (c) 6.

AB804,40 Section 40. 196.85 (1m) (f) of the statutes is created to read:

AB804,21,15 196.85 (1m) (f) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in proceedings under s. 32.02 (13), the term "public utility" includes a business entity specified in s. 32.02 (13).

AB804,41 Section 41. 196.975 of the statutes is repealed.

AB804,42 Section 42. 200.59 (5) (d) of the statutes is amended to read:

AB804,21,22 200.59 (5) (d) Notwithstanding the statutes referenced in par. (a) governing a proceeding under par. (a), s. 66.0821 (5) (e) applies to the public service commission shall allocate commission's allocation of its assessment under s. 196.85 (1) for any expense of the public service commission for a proceeding under par. (a) that is initiated under s. 281.49 (11) (d) as specified in s. 66.0821 (5) (e).

AB804,43 Section 43. 285.41 (3) of the statutes is repealed.

AB804,44 Section 44. 285.41 (4) (a) of the statutes is amended to read:

AB804,22,7 285.41 (4) (a) Request; variance conditions. A major utility may request a variance from the emission rate under sub. (2) (a) by submitting the request to the commission and the department. No request for a variance may be submitted if the department has served the major utility with written notice under s. 285.83 that the major utility has violated sub. (2) (a). Upon receipt of a request, the commission department shall, within 45 days, determine if any of the following variance conditions exists and shall report its determination to the department:

AB804,45 Section 45. 285.41 (4) (a) 4. of the statutes is amended to read:

AB804,22,10 285.41 (4) (a) 4. The occurrence of an uncontrollable event not anticipated in the plan submitted under sub. (3).

AB804,46 Section 46. 285.41 (4) (c) of the statutes is amended to read:

AB804,22,14 285.41 (4) (c) Grant of variance. The department shall grant a request for a variance if the commission department determines that a variance condition exists and the department determines that the major utility's compliance plan is adequate.

AB804,47 Section 47. 285.41 (4) (d) of the statutes is amended to read:

AB804,22,19 285.41 (4) (d) Denial of variance. The department shall deny a request for a variance if the commission department determines that no variance condition exists or if the department determines that the major utility's compliance plan is not adequate.

AB804,48 Section 48. 285.45 (3) of the statutes is repealed.

AB804,49 Section 49. Initial applicability.

AB804,22,24 (1) Assessments. The treatment of sections 66.0821 (5) (a), (e) (intro.), 2., 3., and 4., and (f) and 196.85 (1m) (f) of the statutes first applies to proceedings initiated on the effective date of this subsection.

AB804,23,3 (2) Affiliated interest contracts. The treatment of section 196.52 (3) (d) 2. of the statutes first applies to applications filed on the effective date of this subsection.

AB804,50 Section 50. Effective dates. This act takes effect on the day after publication, except as follows:

AB804,23,8 (1) The treatment of section 196.374 (3) (b) 2. of the statutes takes effect on January 1, 2016, or on the first day of the 3rd month beginning after publication, whichever is earlier.

AB804,23,9 (End)