16.957(1)(k)
(k) "Local unit of government" means the governing body of any county, city, town, village or county utility district or the elected tribal governing body of a federally recognized American Indian tribe or band.
16.957(1)(L)
(L) "Low-income assistance" means assistance to low-income households for weatherization and other energy conservation services, payment of energy bills or early identification or prevention of energy crises.
16.957(1)(m)
(m) "Low-income household" means any individual or group of individuals in this state who are living together as one economic unit and for whom residential electricity is customarily purchased in common or who make undesignated payments for electricity in the form of rent, and whose household income is not more than 150% of the poverty line as determined under
42 USC 9902 (2).
16.957(1)(n)
(n) "Low-income need" means the amount obtained by subtracting from the total low-income energy bills in a fiscal year the product of 2.2% of the estimated average annual income of low-income households in this state in that fiscal year multiplied by the estimated number of low-income households in this state in that fiscal year.
16.957(1)(o)
(o) "Low-income need percentage" means the percentage that results from dividing the sum of the following by the amount of low-income need in fiscal year 1998-99:
Effective date note
Note: Subd. 1m. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
1m. The amount of the portion of the public benefits fee for fiscal year 1999-2000 that is specified in s. 16.957 (4) (c) 1. , 1999 stats.
16.957(1)(o)2.
2. The total amount expended by utilities under
s. 196.374 related to low-income assistance.
Effective date note
Note: Subd. 2. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
2. The total amount expended by utilities under s. 196.374, 2003 stats., related to low-income assistance.
16.957(1)(o)3.
3. Fifty percent of the amount of public benefits fees that municipal utilities and retail electric cooperatives are required to charge under
sub. (5) (a) in fiscal year 1999-2000. The amount specified in this subdivision shall not be subject to the reduction under
1999 Wisconsin Act 9, section 9101 (1zv) (c).
Effective date note
Note: Subd. 3. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
3. Fifty percent of the amount of public benefits fees that municipal utilities and retail electric cooperatives were required to charge under s. 16.957 (5) (a), 1999 stats., in fiscal year 1999-2000.
16.957(1)(p)
(p) "Low-income need target" means the product of the low-income need percentage multiplied by low-income need in a fiscal year.
16.957(1)(q)
(q) "Municipal utility" means an electric utility that is owned wholly by a municipality and that owns a retail distribution system.
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. 66.0825 (3) (d), that supplies electricity at wholesale to a municipal utility or retail electric cooperative.
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.
Effective date note
Note: Par. (x) is repealed and recreated eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
(x) "Wholesale supply percentage" means the percentage of the electricity sold by a wholesale supplier that is purchased by a municipal utility or retail electric cooperative.
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 (3) (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.
Effective date note
Note: Subd. 2. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
2. All moneys spent in a fiscal year for low-income programs established under s. 196.374, 2003 stats.
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).
Effective date note
Note: Subd. 4. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
4. The moneys collected in low-income assistance fees under sub. (5) (a).
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 (3) (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 (3) (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 (3) (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).
Effective date note
Note: Subd. 1. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
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) (b) 1. 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.
Effective date note
Note: Subd. 2. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
2. Requirements and procedures for applications for grants awarded under programs established under par. (a).
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.
Effective date note
Note: Subd. 1. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
1. For each fiscal year, 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.
Effective date note
Note: Subd. 3. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
3. Deposit all moneys received under sub. (4) (a) or (5) (b) 2. 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).
Effective date note
Note: Subdpar. a. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
16.957 Note
a. The expenses of the department, other state agencies, and grant recipients in administering or participating in the programs under par. (a).
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 department 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).
Effective date note
Note: Par. (3) (a) is renumbered sub. (3) eff. 7-1-07 by
2005 Wis. Act 141.
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.
Effective date note
Note: Par. (a) is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
(a) Requirement to charge low-income assistance fees. Each electric utility, except for a municipal utility, shall charge each customer a low-income assistance 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 low-income assistance 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.
Effective date note
Note: Par. (am) is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
(am) Electric bills. An electric utility shall show the low-income assistance fee as a separate line in a customer's bill, identified as the "state low-income assistance fee," and shall provide the customer with an annual statement that identifies the annual charges for low-income assistance fees and describes the programs for which fees are used.
