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.
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:
Effective date note
Note: Par. (b)(intro.) is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
(b) Rules. In consultation with the council, the department shall promulgate rules that establish the amount of a low-income assistance 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:
Effective date note
Note: Par. (c)(title) is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
(c) Amount of low-income assistance fees.
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.:
Effective date note
Note: Subd. 1.(intro.) is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
1. `Low-income funding from fee.' In each fiscal year, the low-income assistance 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.
Effective date note
Note: Subdpar. a. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
16.957 Note
a. The estimated low-income assistance 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.
Effective date note
Note: Subdpar. c. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
16.957 Note
c. The total amount spent on programs by utilities under s. 196.374 (3), 2003 stats., 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.
Effective date note
Note: Subd. 3. is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
3. `Limitation on low-income assistance fees.' In any month, the low-income assistance fee may not exceed 3% of the total of every other charge for which the customer is billed for that month or $750, 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.
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 retail electric cooperative and municipal utility shall charge a monthly low-income assistance 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 $8 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.
Effective date note
Note: Par. (am) is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
(am) Low-income assistance fee restriction. Notwithstanding par. (a), in any month, the low-income assistance fee may not exceed 1.5 percent of the total of every other charge for which the member or customer is billed for that month or $375, 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.
Effective date note
Note: Par. (b) is repealed and recreated eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
(b) Commitment to community programs. 1. Except as provided in subd. 2., each retail electric cooperative and municipal utility shall spend on commitment to community programs the fees that the cooperative or utility charges under par. (a).
Effective date text
2. No later than October 1, 2007, and no later than every 3rd year after that date, each municipal utility or retail electric cooperative shall notify the department whether the utility or cooperative has elected to contribute the fees that the utility or cooperative charges under par. (a) to the programs established under sub. (2) (a) in each year of the 3-year period for which the utility or cooperative has made the election. If a municipal utility or retail electric cooperative elects to contribute to the programs established under sub. (2) (a), the utility or cooperative shall pay the low-income assistance fees that the utility or cooperative collects under par. (a) to the department in each year of the 3-year period for which the utility or cooperative has made the election.
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.
Effective date note
Note: Par. (e) (intro.) and subd. 1. are consolidated, renumbered (e) and amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
(e) Wholesale supplier credit. If a wholesale supplier has established a commitment to community program, a municipal utility or retail electric cooperative that is a customer or member of the wholesale supplier may 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 the commitment to community program in a year in calculating the amount that the municipal utility or retail electric cooperative has spent on commitment to community programs in that year under par. (b) 1.
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).
Effective date note
Note: Par. (f) is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
(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. (b) 1.
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:
Effective date note
Note: Subd. 1.(intro.) is amended eff. 7-1-07 by
2005 Wis. Act 141 to read:
Effective date text
1. Annually, each municipal utility and retail electric cooperative that spends the low-income assistance fees that the utility or cooperative charges under par. (a) on commitment to community programs under par. (b) 1. shall provide for an independent audit of its programs and submit a report to 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).
