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;
2001 a. 16,
30;
2003 a. 33.
16.957 Cross-reference
Cross Reference: See also chs.
Adm 43,
44, and
45, Wis. adm. code.
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.
16.958(2)(b)
(b) From the air quality improvement fund, award grants to eligible electric providers to be used for the purpose of complying with requirements under state or federal law to reduce nitrogen oxide emissions in the midcontinent area of this state pursuant to a state implementation plan. An eligible electric provider that is a public utility may receive no more than $500,000 per year in grants under this paragraph.
16.958(2)(c)
(c) Promulgate rules for awarding grants under
par. (b). The rules shall require an applicant for a grant to identify the reduction in nitrogen oxide emissions that the applicant is capable of achieving with the grant.
16.958(3)
(3) An eligible electric provider that is awarded a grant under
sub. (2) (b) may assign the grant to a 3rd party if the 3rd party uses the grant for the purpose of reducing nitrogen oxide emissions and the eligible electric provider demonstrates to the satisfaction of the department of administration that the 3rd party is capable of achieving the reduction in nitrogen oxide emissions identified in the eligible electric provider's application for the grant.
16.958 History
History: 1999 a. 9.
16.959
16.959
Wind energy. The department shall:
16.959(1)
(1) Promote the use of wind energy systems. "Wind energy system" means equipment which converts and then transfers or stores energy from the wind into usable forms of energy.
16.959(2)
(2) Gather and disseminate information on wind characteristics and the economic feasibility of using wind energy systems in the state.
16.959(3)
(3) Offer assistance to persons interested in installing a wind energy conversion system.
16.959(4)
(4) Train University of Wisconsin-Extension staff to assist persons interested in siting wind energy conversion systems.
16.959(5)
(5) Publish a list, at intervals not to exceed 6 months, of reputable manufacturers and distributors of wind energy conversion systems in the upper midwest region of the United States.
16.959 History
History: 1987 a. 142;
2001 a. 103.
16.96
16.96
Population estimates. The department of administration shall periodically make population estimates and projections. These population determinations shall be deemed to be the official state population estimates and projections. These determinations shall be used for all official estimate and projection purposes, except where otherwise directed by statute, but do not supersede
s. 990.01 (29). The department shall:
16.96(1)
(1) Annually make estimates of the current number of persons residing in each municipality and county of the state, and periodically make projections of the anticipated future population of the state, counties and municipalities.
16.96(2)
(2) Prepare population estimates for purposes of state revenue sharing distribution under
ch. 79. For this purpose:
16.96(2)(a)
(a) On or before August 10 of each year, the department shall make its preliminary population determinations and shall notify the clerk of each municipality and county of its preliminary population determinations. The reference date for all population determinations for state shared revenue distribution purposes shall be January 1.
16.96(2)(b)
(b) Municipalities and counties believing that population determinations under
par. (a) are based upon incorrect information may, no later than September 15 of the same year in which the determination is made, challenge the determination by filing their specific objections, and evidence in support thereof, with the department. If the challenge is denied by the department, the municipality or county may appeal the denial, by October 1 of the same year, by notifying the department that the appellant intends to have a special census conducted by the U.S. bureau of the census in support of the appeal under
par. (dm).
16.96(2)(c)
(c) On or before October 10 of each year, the department shall make any necessary adjustments in its population determinations for the November distribution, and shall notify the clerk of any affected municipality or county of these adjustments. The adjusted population determinations shall be consistent with the methods used statewide for population determinations, and adjustments from the August 10 population determinations shall be made only to accommodate corrected information.
16.96(2)(cm)
(cm) The July preliminary distribution shall be based on the final population determination of the previous year.
16.96(2)(d)
(d) Except as authorized in
pars. (dm) and
(e), the population determinations shall be based upon the last previous federal decennial or special census or other official statewide census and shall take into consideration growth rates of municipalities.
16.96(2)(dm)
(dm) The results of special censuses conducted for municipalities and counties under contract with the U.S. bureau of the census shall be used as a basis for the respective population determinations on August 10 if the final certified results of such censuses are received by the department before July 1 in the year in which the determination is made. The results of special censuses conducted for municipalities and counties under contract with the U.S. bureau of the census shall be used as a basis for the respective population determinations on October 10 if the final certified results of such censuses are received by the department before October 1 in the year in which the determination is made. If a municipality or county notifies the department in writing by October 1 of its intention to contract for a special census with the U.S. bureau of the census in support of a challenge to the August 10 population determination, and if the final certified results of such a special census are received by the department before July 15 in the following year, the department shall adjust the preceding October 10 population estimate to reflect the results of the special census. If a municipality or county notifies the department of its intention to contract for a special census but the results are not received by July 15 in the following year, the department may use the best information from the most recent federal census. The department shall report the adjusted population determination to the department of revenue before August 1 of the year subsequent to the challenge. The department shall prorate census results for census dates occurring after the reference date of any population determination back to the reference date of the estimate for all municipalities and counties under
par. (a). Upon receiving an adjusted population determination, the department of revenue shall correct shared revenue distributions under
subch. I of ch. 79 according to
s. 79.08. If a municipality contracts with the U.S. bureau of the census for a special census, the municipality shall assure that the results of such special census are certified to the department not later than 30 days after the release of the census results by the U.S. bureau of the census.
16.96(2)(e)
(e) Before August 1 of the year following the year in which a federal decennial census is taken, the department shall adjust the October 10 population determinations of the decennial census year to correspond to the final federal decennial census results as reported to an agency of the state by the U.S. bureau of the census under
13 USC 141 (c). The department may use preliminary results from the decennial census for any municipality or a county for which the final results are not available before August 1 of the year following the decennial census year. The department shall prorate each population determination adjustment from the decennial census date back to the reference date of the estimate for all municipalities and counties under
par. (a) in the decennial census year. The department shall report the adjusted population determination to the department of revenue before August 1 of the year following the federal decennial census year. Upon receiving an adjusted population determination, the department of revenue shall correct shared revenue distributions under
subch. I of ch. 79 according to
s. 79.08.
16.96(2)(f)
(f) Persons who are members in the Wisconsin Veterans Home at King shall be considered residents of the town of Farmington and of Waupaca County and persons who are members in the Wisconsin veterans facility in southeastern Wisconsin shall be considered residents of the town of Dover and of Racine County for purposes of the state revenue sharing distribution under
subch. I of ch. 79.
16.96(3)(a)(a) Establish a demographic services center for the purpose of developing and administering systems needed to carry out the functions of the department under
subs. (1) and
(2), maintaining a current repository of appropriate published and computer retrievable federal census information and cooperating with state agencies and regional planning agencies so that the department's population estimates, projections and published reports are useful for planning and other purposes for which they are required. The center shall coordinate population information development and use. The center shall provide assistance to and encourage and coordinate efforts by state and local agencies, regional planning agencies and private businesses and associations to inform the public regarding the federal census process and the importance of obtaining a complete, accurate federal decennial census. The department may enter into agreements with state and local agencies or regional planning agencies for their assistance in the preparation of population estimates, projections and forecasts.
16.96(3)(b)
(b) Maintain and keep current throughout the decade the maps of congressional and legislative district boundaries received from the legislative reference bureau under
s. 13.92 (1) (a) 6. and provide copies thereof to the elections board.
16.96(3)(c)
(c) Serve as the state's liaison to the U.S. bureau of the census to facilitate accurate federal decennial census counts in this state.
16.96 Cross-reference
Cross Reference: See also s.
Adm 3.01, Wis. adm. code.
16.964
16.964
Office of justice assistance. 16.964(1)
(1) The office of justice assistance shall:
16.964(1)(a)
(a) Serve as the state planning agency under the juvenile justice and delinquency prevention act of 1974,
P.L. 93-415.
16.964(1)(b)
(b) Prepare a state comprehensive juvenile justice improvement plan on behalf of the governor. The plan shall be submitted to the joint committee on finance in accordance with
s. 16.54 and to the appropriate standing committees of each house of the legislature as determined by the presiding officer of each house. The plan shall be updated periodically and shall be based on an analysis of the state's juvenile justice needs and problems.
16.964(1)(c)
(c) Recommend appropriate legislation in the criminal and juvenile justice field to the governor and the legislature.
16.964(1)(d)
(d) Cooperate with and render technical assistance to state agencies and units of local government and public or private agencies relating to the criminal and juvenile justice system.
16.964(1)(e)
(e) Apply for contracts or receive and expend for its purposes any appropriation or grant from the state, a political subdivision of the state, the federal government or any other source, public or private, in accordance with the statutes.
16.964(1)(f)
(f) Maintain a statistical analysis center to serve as a clearing house of justice system data and information and conduct justice system research and data analysis under this section.
16.964(1)(g)
(g) Collect information concerning the number and nature of offenses known to have been committed in this state and such other information as may be useful in the study of crime and the administration of justice. The office may determine any other information to be obtained regarding crime and justice system statistics. The information shall include data requested by the federal bureau of investigation under its system of uniform crime reports for the United States.
16.964(1)(h)
(h) Furnish all reporting officials with forms or instructions or both that specify the nature of the information required under
par. (g), the time it is to be forwarded, the method of classifying and any other matters that facilitate collection and compilation.
16.964(2)
(2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the office with the information described in
sub. (1) (g) on the basis of the forms or instructions or both to be supplied by the office under
sub. (1) (g).
16.964(3)
(3) The governor shall appoint an executive director under
s. 15.105 (19) outside of the classified service.
16.964(4)
(4) In regard to any grant the office makes to any local unit of government for which the state is providing matching funds from moneys under
s. 20.505 (6) (kp), the local unit of government shall provide matching funds equal to at least 10%. This subsection does not apply to grants made to improve the enforcement of laws regarding controlled substances commonly known as club drugs, including ecstasy, and to educate the public regarding the nature and impact of those controlled substances and the criminal penalties that apply to possessing, manufacturing, distributing, or delivering them unlawfully.
