AB43: Bill Text

AB43,2403 Section 2403 . 194.025 of the statutes is amended to read:

AB43,1320,21 194.025 Discrimination prohibited. No motor carrier may engage in any practice, act or omission which results in discrimination on the basis of race, creed, sex or, national origin, or status as a holder or nonholder of a license under s. 343.03 (3r).

AB43,2404 Section 2404. 196.01 (2n) of the statutes is created to read:

AB43,1320,24 196.01 (2n) “Digital equity” means all individuals and communities have the information technology capacity needed to fully participate in society.

AB43,2405 Section 2405. 196.01 (5) (b) 8. of the statutes is created to read:

AB43,1321,3 196.01 (5) (b) 8. A person who supplies electricity through the person's electric vehicle charging station to users' electric vehicles, if the person does not otherwise directly or indirectly provide electricity to the public.

AB43,2406 Section 2406. 196.025 (1h) of the statutes is created to read:

AB43,1321,7 196.025 (1h) Social cost of carbon emissions. (a) In this subsection, “social cost of carbon” means a measure of the economic harms and other impacts expressed in dollars that result from emitting one ton of carbon dioxide into the atmosphere.

AB43,1321,12 (b) In consultation with the department of natural resources, the commission shall evaluate and set the social cost of carbon and shall evaluate and adjust as necessary that dollar amount every 2 years. The evaluations shall use integrated assessment models and consider appropriate discount rates. Any adjustment shall be consistent with the international consensus on the social cost of carbon.

AB43,1321,18 (c) No later than December 31, 2023, and no later than December 31 every odd-numbered year thereafter, the commission shall submit to the appropriate standing committees of the legislature under s. 13.172 (3) a report that describes the commission's evaluation under par. (b) and, if the commission adjusts the previously set dollar amount under par. (b), specifies the social cost of carbon as adjusted by the commission.

AB43,1321,20 (d) The commission shall consider the social cost of carbon in determining whether to issue certificates under ss. 196.49 and 196.491 (3).

AB43,2407 Section 2407. 196.027 (1) (d) 3. of the statutes is created to read:

AB43,1321,23 196.027 (1) (d) 3. The retiring of any existing electric generating facility fueled by nonrenewable combustible energy resources.

AB43,2408 Section 2408. 196.027 (1) (f) of the statutes is amended to read:

AB43,1322,9 196.027 (1) (f) “Environmental control cost" means capital cost, including capitalized cost relating to regulatory assets, incurred or expected to be incurred by an energy utility in undertaking an environmental control activity and, with respect to an environmental control activity described in par. (d) 2. or 3., includes the unrecovered value of property that is retired, including any demolition or similar cost that exceeds the salvage value of the property. “Environmental control cost" does not include any monetary penalty, fine, or forfeiture assessed against an energy utility by a government agency or court under a federal or state environmental statute, rule, or regulation.

AB43,2409 Section 2409. 196.218 (5) (a) 12. of the statutes is repealed.

AB43,2410 Section 2410. 196.218 (5) (a) 15. of the statutes is created to read:

AB43,1322,13 196.218 (5) (a) 15. To administer a digital equity program for the purposes specified under s. 196.504 (10).

AB43,2411 Section 2411. 196.31 (2r) of the statutes is created to read:

AB43,1322,17 196.31 (2r) From the appropriation under s. 20.155 (1) (j), the commission shall reserve $50,000 annually to compensate equity-focused participants who review economic and environmental issues affecting low-income populations.

AB43,2412 Section 2412. 196.37 (7) of the statutes is created to read:

AB43,1322,22 196.37 (7) It is not unreasonable or unjustly discriminatory for a public utility to implement low-income assistance programs if approved in a rate case in which the commission reviewed the program eligibility criteria and program credits or rebates and if that cost is incorporated in the public utility's published schedules or tariffs.

AB43,2413 Section 2413. 196.372 (3) (e) 2. (intro.) and b. of the statutes are consolidated, renumbered 196.372 (3) (e) 2. and amended to read:

AB43,1323,3 196.372 (3) (e) 2. The commission may not approve an application under subd. 1. unless the application satisfies all of the following conditions: b. Any states that any loan provided may not be forgiven by the water public utility or the municipality.

AB43,2414 Section 2414. 196.372 (3) (e) 2. a. of the statutes is repealed.

AB43,2415 Section 2415. 196.374 (1) (d) of the statutes is renumbered 196.374 (1) (d) (intro.) and amended to read:

AB43,1323,12 196.374 (1) (d) (intro.) “Energy efficiency program" means a program for reducing the usage or increasing the efficiency of the usage of energy by a customer or member of an energy utility, municipal utility, or retail electric cooperative. “Energy efficiency program" does not include load management. “ Energy efficiency program” includes a program that deploys electric technologies to meet energy needs currently served by other fuels in order to do all of the following:

AB43,2416 Section 2416. 196.374 (1) (d) 1. and 2. of the statutes are created to read:

AB43,1323,16 196.374 (1) (d) 1. Reduce the usage of energy, increase the efficiency of usage of energy on a fuel-neutral basis, or reduce adverse environmental impacts, including carbon dioxide emissions.

AB43,1323,18 2. Reduce costs for electric public utilities and retail electric cooperatives or their customers or members.

AB43,2417 Section 2417. 196.374 (3) (b) 2. of the statutes is amended to read:

AB43,1323,25 196.374 (3) (b) 2. The commission shall require each energy utility to spend 1.2 2.4 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.

AB43,2418 Section 2418. 196.376 of the statutes is created to read:

AB43,1324,8 196.376 Residential and commercial energy improvements. The commission may authorize a public utility to finance energy improvements at a specific residential or commercial location and recover the cost of those improvements over time through a surcharge periodically placed on the public utility customer's account for that location. The commission shall promulgate rules to establish the requirements for the utility financing programs authorized under this section. Those requirements shall include at least all of the following:

AB43,1324,9 (1) The surcharge shall be assigned to a location, not to an individual customer.

AB43,1324,11 (2) Energy improvements are eligible for financing only if the improvements are estimated to save an amount that exceeds the surcharge.

AB43,1324,13 (3) The financing offered to a customer under this section may not increase the customer's risk or debt.

AB43,2419 Section 2419. 196.491 (2) (title) of the statutes is amended to read:

AB43,1324,16 196.491 (2) (title) Strategic energy assessment and integrated resource plans.

AB43,2420 Section 2420. 196.491 (2) (a) 3s. of the statutes is created to read:

AB43,1324,19 196.491 (2) (a) 3s. Review the integrated resource plans submitted by electric utilities under par. (h) to help inform the strategic energy assessment.

AB43,2421 Section 2421. 196.491 (2) (h) of the statutes is created to read:

AB43,1325,11 196.491 (2) (h) 1. Each electric utility shall prepare and file an integrated resource plan with the commission. The commission shall by order establish integrated resource plan content and filing requirements, including filing deadlines. An integrated resource plan shall include a set of resource options that an electric utility could use to meet the service needs of its customers over the next 5-year, 10-years, and 15-year periods, including an explanation of the supply-and-demand circumstances under which, and the extent to which, each resource option would be used to meet those service needs. Resource options that could be used to meet service needs include using, refurbishing, and constructing electric generating plants and equipment; buying electricity generated by other entities; controlling customer loads; and implementing customer energy conservation. The commission shall approve, reject, or modify an electric utility's integrated resource plan consistent with the public interest. The commission's acceptance of an integrated resource plan under this paragraph does not constitute issuance of a certificate under s. 196.49 or issuance of a certificate of public convenience and necessity under s. 196.491 (3).

AB43,1325,13 2. An integrated resource plan under this paragraph shall include all of the following:

AB43,1325,15 a. A long-term forecast of the electric utility's sales and peak demand under various reasonable scenarios.

AB43,1325,18 b. Details regarding the amount of peak demand reduction the electric utility expects to achieve and the electric utility's proposals for achieving the reduction in peak demand, including through load management and demand response.

AB43,1325,22 c. If the plan identifies constructing a generation facility as a resource option, the type of generation technology proposed for the generation facility, the proposed capacity of the generation facility, and the projected fuel costs for the proposed generation facility under various reasonable scenarios.

AB43,1326,2 d. Projected electricity purchased or produced by the electric utility that is generated from a renewable energy resource. If the electricity utility projects the total level of electricity purchased or produced from a renewable energy resource to decrease over the periods described in subd. 1. a., the electric utility shall explain why the decrease is in the best interests of ratepayers.

AB43,1326,6 e. Details regarding the impacts of energy efficiency programs on the electric utility's electricity sales and peak demand under various reasonable scenarios, including the total amount of customer energy savings and the associated costs of the energy efficiency programs.

AB43,1326,8 f. Projected energy and capacity purchased or produced by the electric utility from a cogeneration resource.

AB43,1326,10 g. An analysis of potential new or upgraded electricity transmission options for the electric utility.

AB43,1326,13 h. Data regarding the electric utility's current generation portfolio, including the age, capacity factor, licensing status, and estimated remaining operating time for each electric generating facility in the portfolio.

AB43,1326,17 i. Plans for meeting current and future capacity needs, including cost estimates for any power purchase agreements, any proposed construction or major investments, and any transmission or distribution infrastructure necessary to support proposed construction or major investments.

AB43,1326,20 j. An analysis of the cost, capacity factor, and viability of all reasonable options available to meet projected energy and capacity needs, including existing electric generating facilities in this state.

AB43,1326,21 k. Projected total costs for each scenario reviewed.

AB43,1326,24 L. If applicable, projected long-term natural gas transportation contracts or natural gas storage that the electric utility will hold to provide an adequate supply of natural gas to new electric generating facilities.

AB43,1326,25 m. Any other information required by the commission by order.

AB43,1327,1 3. This paragraph does not apply to cooperative associations.

AB43,2422 Section 2422 . 196.491 (3g) (a) of the statutes is amended to read:

AB43,1327,10 196.491 (3g) (a) A person who receives a certificate of public convenience and necessity for a high-voltage transmission line that is designed for operation at a nominal voltage of 345 kilovolts or more under sub. (3) shall pay the department of administration commission an annual impact fee as specified in the rules promulgated by the department of administration commission under s. 16.969 196.492 (2) (a) and shall pay the department of administration commission a one-time environmental impact fee as specified in the rules promulgated by the department of administration commission under s. 16.969 196.492 (2) (b).

AB43,2423 Section 2423 . 196.504 (1) (b) of the statutes is repealed.

AB43,2424 Section 2424 . 196.504 (1) (c) 2. of the statutes is amended to read:

AB43,1327,24 196.504 (1) (c) 2. Provided at actual speeds of at least 20 percent of the upload and download speeds for advanced telecommunications capability as designated by the federal communications commission in its inquiries regarding advanced telecommunications capability under 47 USC 1302 (b) download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater. Beginning on July 1 of the 2nd calendar year beginning after the effective date of this subdivision .... [LRB inserts date], and on July 1 of each successive odd-numbered year thereafter, the commission may adjust the threshold speeds designated in this subdivision if, upon review, it determines there is good cause to do so in order to align with changes in technology and actual market conditions. If the commission adjusts these threshold speeds, it shall publicize the adjusted speed thresholds on its website.

AB43,2425 Section 2425. 196.504 (1) (c) 3. of the statutes is created to read:

AB43,1328,1 196.504 (1) (c) 3. Available, reliable, and affordable.

AB43,2426 Section 2426 . 196.504 (2) (a) of the statutes, as affected by 2021 Wisconsin Act 58, is amended to read:

AB43,1328,8 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved unserved areas designated under par. (d) (e). Grants awarded under this section subsection shall be paid from the appropriations under ss. 20.155 (3) (c), (r), and (rm) and 20.866 (2) (z), in the amount allocated under s. 20.866 (2) (z) 5.

AB43,2427 Section 2427. 196.504 (2) (b) of the statutes is amended to read:

AB43,1328,14 196.504 (2) (b) To prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section subsection. The application shall require the applicant to identify the area of the state that will be affected by the proposed project and explain how the proposed project will increase broadband access.

AB43,2428 Section 2428 . 196.504 (2) (c) of the statutes is renumbered 196.504 (2) (c) 1. (intro.) and amended to read:

AB43,1328,19 196.504 (2) (c) 1. (intro.) To establish criteria for evaluating applications and awarding grants under this section subsection. The criteria shall prohibit grants give priority to all of the following:

AB43,1328,22 a. Grants that do not have the effect of subsidizing the expenses of a provider of telecommunications service, as defined in s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria shall give priority to projects

AB43,1328,24 c. Projects that include at least 40 percent matching funds, and shall give higher priority to projects with more than 40 percent matching funds.

AB43,1329,2 d. Projects that involve public-private partnerships, that affect unserved areas,.

AB43,1329,3 e. Projects that are scalable, .

AB43,1329,6 f. Projects that promote economic development , that will not result in delaying the provision of broadband service to areas neighboring areas to be served by the proposed project, or.

AB43,1329,8 g. Projects that affect a large geographic area that is difficult to connect or a large number of underserved unserved individuals or communities.

AB43,1329,10 2. When evaluating grant applications under this section subsection, the commission shall consider the all of the following:

AB43,1329,14 a. The degree to which the proposed projects would duplicate existing broadband infrastructure, information about the presence of which is provided to the commission by the applicant or another person within a time period designated by the commission; the.

AB43,1329,16 b. The impacts of the proposed projects on the ability of individuals to access health care services from home and the cost of those services; and the.

AB43,1329,18 c. The impacts of the proposed projects on the ability of students to access educational opportunities from home.

AB43,2429 Section 2429 . 196.504 (2) (c) 1. b. of the statutes is created to read:

AB43,1329,20 196.504 (2) (c) 1. b. Require that projects serve unserved areas.

AB43,2430 Section 2430. 196.504 (2) (c) 1. h. of the statutes is created to read:

AB43,1330,6 196.504 (2) (c) 1. h. Projects that are capable of offering service at actual download speeds of 100 megabits per second or greater and upload speeds of 100 megabits per second or greater and shall give higher priority to projects that are capable of exceeding these speeds. Beginning on July 1 of the 2nd calendar year beginning after the effective date of this subdivision .... [LRB inserts date], and on July 1 of each successive odd-numbered year thereafter, the commission may adjust the threshold service speeds designated in this subdivision if, upon review, it determines there is good cause to do so in order to align with changes in technology and actual market conditions. If the commission adjusts these threshold speeds, it shall publicize the adjusted speeds on its website.

AB43,2431 Section 2431. 196.504 (2) (c) 2. d. and e. of the statutes are created to read: