16.957(1)(s)
(s) "Retail capacity" means the total amount of electricity that an electric provider is capable of delivering to its retail customers or members and that is supplied by electric generating facilities owned or operated by the electric provider or any other person. "Retail capacity" does not include any electricity that is not used to satisfy the electric provider's retail load obligations.
16.957(1)(t)
(t) "Retail electric cooperative" means a cooperative association that is organized under
ch. 185 for the purpose of providing electricity at retail to its members only and that owns or operates a retail electric distribution system.
16.957(1)(u)
(u) "Total low-income energy bills" means the total estimated amount that all low-income households are billed for residential electricity, natural gas and heating fuel in a fiscal year.
16.957(1)(v)
(v) "Wholesale electric cooperative" means a cooperative association that is organized under
ch. 185 for the purpose of providing electricity at wholesale to its members only.
16.957(1)(w)
(w) "Wholesale supplier" means a wholesale electric cooperative or a municipal electric company, as defined in
s. 66.073 (3) (d) [
s. 66.0825 (3) (d)], that supplies electricity at wholesale to a municipal utility or retail electric cooperative.
16.957 Note
Note: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
16.957(1)(x)
(x) "Wholesale supply percentage" means the percentage of a municipal utility's or retail electric cooperative's retail capacity in a fiscal year that is supplied by a wholesale supplier.
16.957(2)
(2) Department duties. In consultation with the council, the department shall do all of the following:
16.957(2)(a)
(a)
Low-income programs. After holding a hearing, establish programs to be administered by the department for awarding grants from the appropriation under
s. 20.505 (10) (r) to provide low-income assistance. In each fiscal year, the amount awarded under this paragraph shall be sufficient to ensure that an amount equal to 47% of the sum of the following is spent for weatherization and other energy conservation services:
16.957(2)(a)2.
2. All moneys spent in a fiscal year for low-income programs established under
s. 196.374.
16.957(2)(a)3.
3. All moneys spent in a fiscal year on programs established under this paragraph.
16.957(2)(a)4.
4. Fifty percent of the moneys collected in public benefits fees under
sub. (5).
16.957(2)(b)
(b)
Energy conservation and efficiency and renewable resource programs. 16.957(2)(b)1.1. Subject to
subd. 2., after holding a hearing, establish programs for awarding grants from the appropriation under
s. 20.505 (10) (s) for each of the following:
16.957(2)(b)1.a.
a. Proposals for providing energy conservation or efficiency services. In awarding grants under this
subd. 1. a., the department shall give priority to proposals directed at the sectors of energy conservation or efficiency markets that are least competitive and at promoting environmental protection, electric system reliability or rural economic development. In each fiscal year, 1.75% of the appropriation under
s. 20.505 (10) (s) shall be awarded in grants for research and development proposals regarding the environmental impacts of the electric industry.
16.957(2)(b)1.b.
b. Proposals for encouraging the development or use of customer applications of renewable resources, including educating customers or members about renewable resources or encouraging uses of renewable resources by customers or members or encouraging research technology transfers. In each fiscal year, the department shall ensure that 4.5% of the appropriation under
s. 20.505 (10) (s) is awarded in grants under this
subd. 1. b.
16.957(2)(b)2.
2. For each fiscal year after fiscal year 2003-04, determine whether to continue, discontinue or reduce any of the programs established under
subd. 1. and determine the total amount necessary to fund the programs that the department determines to continue or reduce under this subdivision. The department shall notify the commission if the department determines under this subdivision to reduce funding by an amount that is greater than the portion of the public benefits fee specified in
sub. (4) (c) 2. The notice shall specify the portion of the reduction that exceeds the amount of public benefits fees specified in
sub. (4) (c) 2.
16.957(2)(c)
(c)
Rules. Promulgate rules establishing all of the following:
16.957(2)(c)1.
1. Eligibility requirements for low-income assistance under programs established under
par. (a). The rules shall prohibit a person who receives low-income assistance from a municipal utility or retail electric cooperative under a program specified in
sub. (5) (d) 2. b. or
3. a. from receiving low-income assistance under programs established under
par. (a).
16.957(2)(c)2.
2. Requirements and procedures for applications for grants awarded under programs established under
par. (a) or
(b) 1.
16.957(2)(c)2n.
2n. Criteria for making the determination under
par. (b) 2. Rules promulgated under this subdivision shall require the department to determine whether the need for a program established under
par. (b) 1. is satisfied by the private sector market and, if so, whether the program should be discontinued or reduced.
16.957(2)(c)4.
4. Requirements for electric utilities to allow customers to include voluntary contributions to assist in funding a program established under
par. (a) or
(b) 1. with bill payments for electric service. The rules may require an electric utility to provide a space on an electric bill in which a customer may indicate the amount of a voluntary contribution and the customer's preference regarding whether a contribution should be used for a program established under
par. (a) or
(b) 1. a. or
b. The rules shall establish requirements and procedures for electric utilities to pay to the department any voluntary contributions included with bill payments and to report to the department customer preferences regarding use of the contributions. The department shall deposit all contributions received under this paragraph in the utility public benefits fund.
16.957(2)(c)5.
5. A method for estimating total low-income energy bills, average annual income of low-income households and the number of low-income households in a fiscal year for the purpose of determining the amount of low-income need in the fiscal year.
16.957(2)(d)1.1. For each fiscal year after fiscal year 1998-99, determine the low-income need target for that fiscal year.
16.957(2)(d)2.
2. Encourage customers or members to make voluntary contributions to assist in funding the programs established under
pars. (a) and
(b) 1. The department shall deposit all contributions received under this paragraph in the utility public benefits fund.
16.957(2)(d)4.
4. Provide for an annual independent audit and submit an annual report to the legislature under
s. 13.172 (2) that describes each of the following:
16.957(2)(d)4.a.
a. The expenses of the department, other state agencies and grant recipients in administering or participating in the programs under
pars. (a) and
(b).
16.957(2)(d)4.b.
b. The effectiveness of the programs under
par. (a) in providing assistance to low-income individuals.
16.957(2)(d)4.c.
c. The effectiveness of the programs under
par. (b) in reducing demand for electricity and increasing the use of renewable resources owned by customers or members.
16.957(2)(d)4.d.
d. Any other issue identified by the department, council, governor, speaker of the assembly or majority leader of the senate.
16.957(3)(a)(a) The division of housing shall, on the basis of competitive bids, contract with community action agencies described in
s. 46.30 (2) (a) 1., nonstock, nonprofit corporations organized under
ch. 181 or local units of government to provide services under the programs established under
sub. (2) (a).
16.957(3)(b)
(b) The department shall, on the basis of competitive bids, contract with one or more nonstock, nonprofit corporations organized under
ch. 181 to administer the programs established under
sub. (2) (b) 1., including soliciting proposals, processing grant applications, selecting, based on criteria specified in rules promulgated under
sub. (2) (c) 2m., proposals for the department to make awards and distributing grants to recipients.
16.957(3)(c)
(c) In selecting proposals and awarding grants under
sub. (2) (b), the department or a nonprofit corporation specified in
par. (b) may not discriminate against an electric provider or its affiliate or a wholesale electric supplier or its affiliate solely on the basis of its status as an electric provider, wholesale electric supplier or affiliate.
16.957(4)(a)(a)
Requirement to charge public benefits fees. Each electric utility, except for a municipal utility, shall charge each customer a public benefits fee in an amount established in rules promulgated by the department under
par. (b). An electric utility, except for a municipal utility, shall collect and pay the fees to the department in accordance with the rules promulgated under
par. (b). The public benefits fees collected by an electric utility shall be considered trust funds of the department and not income of the electric utility.
16.957(4)(am)
(am)
Electric bills. An electric utility shall include a public benefits fee in the fixed charges for electricity in a customer's bill and shall provide the customer with an annual statement that identifies the annual charges for public benefits fees and describes the programs for which fees are used.
16.957(4)(b)
(b)
Rules. In consultation with the council, the department shall promulgate rules that establish the amount of a public benefits fee under
par. (a). Fees established in rules under this paragraph may vary by class of customer, but shall be uniform within each class, and shall satisfy each of the following:
16.957(4)(b)1.
1. The fees may not be based on the kilowatt-hour consumption of electricity by customers.
16.957(4)(b)2.
2. Seventy percent of the total amount of fees charged by an electric provider may be charged to residential customers and 30% of the total may be charged to nonresidential customers.
16.957(4)(b)3.
3. The fees shall allow an electric provider to recover the reasonable and prudent expenses incurred by the electric provider in complying with this section.
16.957(4)(c)
(c)
Amount of public benefits fees. A fee established in rules promulgated under
par. (b) shall satisfy each of the following:
16.957(4)(c)1.
1. `Low-income funding.' In fiscal year 1999-2000, a portion of the public benefits fee shall be an amount that, when added to 50% of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under
sub. (5) (a) for that fiscal year, shall equal $24,000,000. In each fiscal year after fiscal year 1999-2000, a portion of the public benefits fee shall be an amount that, when added to the sum of the following shall equal the low-income need target for that fiscal year determined by the department under
sub. (2) (d) 1.:
16.957(4)(c)1.a.
a. Fifty percent of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under
sub. (5) (a) for that fiscal year.
16.957(4)(c)1.c.
c. The total amount spent on programs or contributed to the commission by utilities under
s. 196.374 (3) for that fiscal year for low-income assistance.
16.957(4)(c)2.
2. `Energy conservation and efficiency and renewable resource funding.' For fiscal year 1999-2000, a portion of the public benefits fee shall be in an amount that, when added to 50% of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under
sub. (5) (a) for that fiscal year, shall equal $20,000,000. In each fiscal year after fiscal year 1999-2000, a portion of the public benefits fee shall be the amount determined under this subdivision for fiscal year 1999-2000, except that if the department determines to reduce or discontinue a program under
sub. (2) (b) 2., the department shall reduce the amount accordingly.
16.957(4)(c)3.
3. `Limitation on electric bill increases.' For the period beginning on October 29, 1999, and ending on June 30, 2008, the total increase in a customer's electric bills that is based on the requirement to pay public benefits fees, including any increase resulting from an electric utility's compliance with this section, may not exceed 3% of the total of every other charge for which the customer is billed for that period or $750 per month, whichever is less.
16.957(5)
(5) Municipal utilities and retail electric cooperatives. 16.957(5)(a)(a)
Requirement to charge public benefits fees. Each retail electric cooperative and municipal utility shall charge a monthly public benefits fee to each customer or member in an amount that is sufficient for the retail electric cooperative or municipal utility to collect an annual average of $16 per meter. A retail electric cooperative or municipal utility may determine the amount that a particular class of customers or members is required to pay under this paragraph and may charge different fees to different classes of customers or members.
16.957(5)(am)
(am)
Public benefits fee restriction. Notwithstanding
par. (a), for the period beginning on October 29, 1999, and ending on June 30, 2008, the total increase in a customer's or member's electric bills that is based on the requirement to pay public benefits fees, including any increase resulting from a retail electric cooperative's or municipal utility's compliance with this section, may not exceed 3% of the total of every other charge for which the member or customer is billed for that period or $750 per month, whichever is less.
16.957(5)(b)
(b)
Election to contribute to department programs. 16.957(5)(b)1.1. No later than October 1, 2000, each municipal utility or retail electric cooperative shall notify the department whether it has elected to contribute to the programs established under
sub. (2) (a) or
(b) 1. for a 3-year period.
16.957(5)(b)2.
2. No later than every 3rd year after the date specified in
subd. 1., each municipal utility or retail electric cooperative shall notify the department whether it has elected to contribute to the programs established under
sub. (2) (a) or
(b) 1. for a 3-year period.
16.957(5)(c)
(c)
Full contribution. If a municipal utility or retail electric cooperative elects under
par. (b) 1. or
2. to contribute to the programs established both under
sub. (2) (a) and under
sub. (2) (b) 1., it shall pay 100% of the public benefits fees that it charges under
par. (a) to the department in each fiscal year of the 3-year period for which it has made the election.
16.957(5)(d)
(d)
Partial contributions and commitment to community spending. A municipal utility or retail electric cooperative not specified in
par. (c) shall do one of the following:
16.957(5)(d)1.
1. If the municipal utility or retail electric cooperative elects to contribute only to the programs established under
sub. (2) (a), the municipal utility or retail electric cooperative shall, in each fiscal year of the 3-year period for which it elects to contribute under
par. (b) 1. or
2., do all of the following:
16.957(5)(d)1.a.
a. Pay 50% of the public benefits fees that it charges under
par. (a) to the department.
16.957(5)(d)1.b.
b. Spend 50% of the public benefits fees that it charges under
par. (a) on energy conservation programs.
16.957(5)(d)2.
2. If the municipal utility or retail electric cooperative elects to contribute only to the programs established under
sub. (2) (b) 1., the municipal utility or retail electric cooperative shall, in each fiscal year of the 3-year period for which it elects to contribute under
par. (b) 1. or
2., do all of the following:
16.957(5)(d)2.a.
a. Pay 50% of the public benefits fees that it charges under
par. (a) to the department.
16.957(5)(d)2.b.
b. Spend 50% of the public benefits fees that it charges under
par. (a) on programs for low-income assistance.
16.957(5)(d)3.
3. If the municipal utility or retail electric cooperative elects not to contribute to any of the programs established under
sub. (2) (a) or
(b) 1., the municipal utility or retail electric cooperative shall, in each fiscal year of the 3-year period for which it elects not to contribute under
par. (b) 1. or
2., do all of the following:
16.957(5)(d)3.a.
a. Spend 50% of the public benefits fees that it charges under
par. (a) on programs for low-income assistance.
16.957(5)(d)3.b.
b. Spend 50% of the public benefits fees that it charges under
par. (a) on energy conservation programs.
16.957(5)(e)
(e)
Wholesale supplier credit. If a wholesale supplier has established a program for low-income assistance or an energy conservation program, a municipal utility or retail electric cooperative that is a customer or member of the wholesale supplier may do any of the following:
16.957(5)(e)1.
1. Include an amount equal to the product of the municipal utility's or retail electric cooperative's wholesale supply percentage and the amount that the wholesale supplier has spent on low-income assistance in a fiscal year in calculating the amount that the municipal utility or retail electric cooperative has spent on low-income assistance in that fiscal year under
par. (d) 2. b. or
3. a.
16.957(5)(e)2.
2. Include an amount equal to the product of the municipal utility's or retail electric cooperative's wholesale supply percentage and the amount that the wholesale supplier has spent on energy conservation programs or customer applications of renewable resources in a fiscal year in calculating the amount that the municipal utility or retail electric cooperative has spent on energy conservation programs under
par. (d) 1. b. or
3. b.
16.957(5)(f)
(f)
Joint programs. Municipal utilities or retail electric cooperatives may establish joint commitment to community programs, except that each municipal utility or retail electric cooperative that participates in a joint program is required to comply with the spending requirements under
par. (d).
16.957(5)(g)1.1. For each fiscal year, each municipal utility and retail electric cooperative that does not pay 100% of the public benefits fee that it charges under
par. (a) to the department under
par. (c) shall file a report with the department that describes each of the following:
16.957(5)(g)1.a.
a. An accounting of public benefits fees charged to customers or members under
par. (a) in the fiscal year and expenditures on commitment to community programs under
par. (d), including any amounts included in the municipal utility's or retail electric cooperative's calculations under
par. (e).
16.957(5)(g)1.b.
b. A description of commitment to community programs established by the municipal utility or retail electric cooperative in the fiscal year.
16.957(5)(g)2.
2. The department shall maintain reports filed under
subd. 1. for at least 6 years.
16.957 History
History: 1999 a. 9.
16.958
16.958
Air quality improvement program. 16.958(1)(a)
(a) "Eligible electric provider" means a generator public utility or a generator electric cooperative that provides electric service to customers or members in the midcontinent area of this state.
16.958(1)(b)
(b) "Generator electric cooperative" means an electric cooperative, as defined in
s. 76.48 (1g) (c), that generates electricity.
16.958(1)(c)
(c) "Generator public utility" means a public utility, as defined in
s. 196.01 (5), that generates electricity.
16.958(1)(d)
(d) "Initial compliance date" means the date specified in a notice by the department of natural resources under
s. 285.48 (2) by which electric generating facilities in the midcontinent area of this state are required to comply with initial nitrogen oxide emission reduction requirements.
16.958(1)(e)
(e) "Midcontinent area" means the geographic area served by the Mid-Continent Area Power Pool reliability council of the North American Electric Reliability Council.
16.958(2)
(2) If the department of natural resources makes a notification to the department of administration under
s. 285.48 (2), the department of administration shall do each of the following:
16.958(2)(a)
(a) In each fiscal year of the 10-year period that commences on July 1 of the fiscal year ending before the initial compliance date, transfer $2,500,000, or the lesser amount specified in a notice under
s. 285.48 (3) (d) 4., from the utility public benefits fund to the air quality improvement fund.
