AB43: Bill Text

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AB43,2423 Section 2423 . 196.504 (1) (b) of the statutes is repealed.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

AB43,1330,8 196.504 (2) (c) 2. d. The affordability of the service.

AB43,1330,10 e. All federal funding for broadband facilities in the project area of the proposed project.

AB43,2432 Section 2432 . 196.504 (2) (d) of the statutes is repealed.

AB43,2433 Section 2433. 196.504 (2m) of the statutes is created to read:

AB43,1330,16 196.504 (2m) (a) Except as provided in pars. (b) and (c), from the appropriation under s. 20.155 (3) (c), each fiscal year the commission shall award no less than 10 percent of the amount in the schedule for that appropriation in fiscal year 2023-24 as broadband expansion grants under sub. (2).

AB43,1330,21 (b) Except as provided in par. (c), if the remaining unobligated balance of the appropriation under s. 20.155 (3) (c) is less than 10 percent of the amount in the schedule for that appropriation in fiscal year 2023-24, the commission shall award the entire remaining balance in broadband expansion grants under sub. (2) in that fiscal year.

AB43,1330,25 (c) If in any fiscal year, the commission does not receive sufficient broadband expansion grant applications that meet the eligibility criteria to award the minimum amounts described under par. (a) or (b), the commission shall award the maximum amount of broadband expansion grants under sub. (2) possible that fiscal year.

AB43,2434 Section 2434. 196.504 (2r) of the statutes is created to read:

AB43,1331,3 196.504 (2r) The commission shall administer the line extension assistance program and shall have the following powers:

AB43,1331,9 (a) To make financial assistance grants to residents of properties that are not served by a broadband service provider to assist in paying the customer costs associated with line extension necessary to connect broadband service to the properties. The amount of a financial assistance grant under this subsection may not exceed $4,000. Grants awarded under this subsection shall be paid from the appropriation under s. 20.155 (3) (b).

AB43,1331,12 (b) To establish criteria for evaluating applications and awarding financial assistance grants under this subsection. The criteria shall give priority to properties that serve as a primary residence.

AB43,2435 Section 2435 . 196.504 (2t) of the statutes is created to read:

AB43,1331,17 196.504 (2t) (a) Within 10 days of the close of the broadband expansion grant application process, the commission shall publish on its website the proposed geographic broadband service area and the proposed broadband service speeds for each application for a broadband expansion grant submitted.

AB43,1331,21 (b) An Internet service provider in or proximate to the proposed project area may, within 30 days of publication of the information under par. (a), submit in writing to the commission a challenge to an application. A challenge shall contain information demonstrating one of the following:

AB43,1331,25 1. The provider currently provides available, reliable, and affordable fixed wireless or wired broadband service to any part of the proposed project area at download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater.

AB43,1332,7 2. The provider commits to complete construction of broadband infrastructure and to provide available, reliable, and affordable fixed wireless or wired broadband service to any part of the proposed project area at speeds equal to or greater than the speeds described under subd. 1. no later than 24 months after the date of the commission's order awarding broadband expansion grants. The provider shall submit documentation showing this commitment, including engineering plans, invoices related to project materials, permit applications, and a project timeline.

AB43,1332,11 (bm) An Internet service provider that submits a challenge under this subsection shall allow the commission to inspect the broadband infrastructure identified by a provider in a challenge under par. (b) 1. or 2. to ensure it meets minimum service standards.

AB43,1332,16 (c) The commission shall evaluate an Internet service provider's challenge under this subsection, and is prohibited from funding any portion of a project relating to the area that is the subject of the challenge if the commission determines that the challenger's provision of or commitment to provide broadband service that meets the requirements of par. (b) in that area is credible.

AB43,1333,3 (d) If the commission denies funding to an applicant as a result of an Internet service provider's challenge made under this subsection and the Internet service provider does not fulfill its commitment to provide available, reliable, and affordable broadband service in the area that is the subject of the challenge, the commission is prohibited from awarding grant funding to that Internet service provider for the following 2 grant cycles and that Internet service provider is prohibited from participating in the challenge process under par. (b) for the following 2 grant cycles, unless the commission determines that the Internet service provider's failure to fulfill its commitment was the result of factors beyond the Internet service provider's control. The commission shall give priority scoring treatment to an application targeting a grant project area that remains unserved as a result of a successful challenge and an unfulfilled commitment.

AB43,2436 Section 2436 . 196.504 (3) (intro.) of the statutes is amended to read:

AB43,1333,7 196.504 (3) (intro.) The commission shall encourage the development of broadband infrastructure in underserved unserved areas of the state and do all of the following:

AB43,2437 Section 2437. 196.504 (10) of the statutes is created to read:

AB43,1333,10 196.504 (10) The commission shall administer a digital equity program under which it may do all of the following:

AB43,1333,11 (a) Provide outreach and assistance to promote digital equity.

AB43,1333,12 (b) Coordinate the administration of federal and state digital equity funding.

AB43,1333,13 (c) Provide digital navigation services.

AB43,1333,14 (d) Implement digital inclusion activities.

AB43,2438 Section 2438. 196.5048 of the statutes is created to read:

AB43,1333,17 196.5048 Internet service provider registration. No person may provide Internet service in this state unless the person registers with the commission.

AB43,2439 Section 2439. 196.745 (2) (a) of the statutes is amended to read:

AB43,1333,25 196.745 (2) (a) Any person violating sub. (1) (a), or any order or rule issued under sub. (1) (a), shall forfeit an amount not exceeding $25,000 $200,000. Each day of violation is a separate violation of sub. (1) (a). No person may forfeit an amount exceeding $500,000 $2,000,000 for a single persisting violation of sub. (1) (a) or any order or any rule issued under sub. (1) (a). The commission shall remit all forfeitures paid under this paragraph to the secretary of administration for deposit in the school fund.

AB43,2440 Section 2440. 200.57 (title) of the statutes is amended to read:

AB43,1334,5 200.57 (title) Minority financial advisers and investment firms and disabled and veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned, and disability-owned financial advisers and investment firms.

AB43,2441 Section 2441. 200.57 (1) (a) of the statutes is renumbered 200.57 (1) (f) and amended to read:

AB43,1334,10 200.57 (1) (f) “Disabled veteran-owned Veteran-owned financial adviser" and “disabled veteran-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.283 (3).

AB43,2442 Section 2442 . 200.57 (1) (ae) of the statutes is created to read:

AB43,1334,14 200.57 (1) (ae) “Disability-owned financial adviser" and “disability-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.289 (3).

AB43,2443 Section 2443 . 200.57 (1) (c) of the statutes is created to read:

AB43,1334,19 200.57 (1) (c) “Lesbian, gay, bisexual, or transgender-owned financial adviser" and “Lesbian, gay, bisexual, or transgender-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.288 (3).

AB43,2444 Section 2444. 200.57 (3) of the statutes is amended to read:

AB43,1334,25 200.57 (3) The commission shall make efforts to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of disabled veteran-owned financial advisers or disabled veteran-owned investment firms.

AB43,2445 Section 2445. 200.57 (4) of the statutes is created to read:

AB43,1335,6 200.57 (4) The commission shall make efforts to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of lesbian, gay, bisexual, or transgender-owned financial advisers or lesbian, gay, bisexual, or transgender-owned investment firms.

AB43,2446 Section 2446 . 200.57 (5) of the statutes is created to read:

AB43,1335,12 200.57 (5) The commission shall make efforts to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of disability-owned financial advisers or disability-owned investment firms.

AB43,2447 Section 2447 . 224.55 of the statutes is created to read:

AB43,1335,15 224.55 Support accounts for individuals with disabilities. (1) Definitions. In this section:

AB43,1335,16 (a) “ABLE account" means an account established under an ABLE program.

AB43,1335,18 (b) “ABLE program” means a qualified ABLE program under section 529A of the Internal Revenue Code.

AB43,1335,23 (2) Department to establish ABLE program. (a) Implementation directly or by agreement. The department shall implement and administer an ABLE program, either directly or by entering into a formal or informal agreement with another state, or with an entity representing an alliance of states, to establish an ABLE program or otherwise administer ABLE program services for the residents of this state.

AB43,1336,4 (b) Review of other states' partnership programs. The department shall review section 529A ABLE state partnership programs offered by other states and, no later than the first day of the 10th month beginning after the effective date of this subsection, determine whether, as the best option for Wisconsin residents, the department will implement the ABLE program under par. (a) directly or by entering into an agreement.

AB43,1336,7 (c) Agreement terms. An agreement under par. (a) may require the party contracting with the department, in addition to providing any other services, to do any of the following: