16.955(1)
(1)
Information. If the governor determines that a disruption of energy supplies poses a serious risk to the economic well-being, health or welfare of the citizens of this state, the governor may issue an order declaring an energy alert. Upon declaration of an energy alert by the governor, the department may issue general or special orders, as defined in
s. 101.01 (7), or promulgate emergency rules under
ch. 227 to compel disclosure of information required for purposes of this section. Any person, or agent of the person, who produces, imports or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who is subject to an emergency rule or general or special order of the department within reasonable time limits specified in the order shall file or furnish such reports, information, data, copies of extracts of originals as the department deems necessary relating to existing and future energy supplies, including but not limited to record of sales in years for 1970 and thereafter, storage capacity, supplies on hand and anticipated supplies, and anticipated demand. To the extent that the reports and data requested by the department are presently available from other state or federal agencies, the department shall coordinate its data reporting requirements with the agencies to avoid duplication of reporting.
16.955(2)
(2) Information to be confidential. All information furnished under
sub. (1) shall be considered confidential and may be compiled or published only for purposes of general statistical comparison. The information may be disclosed to agencies of the state or of the federal government, under the same or similar rules of confidentiality.
16.955(3)(a)(a) Any person, or agent of a person, who produces, imports or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who fails to provide information requested by the department at the time and in the manner specified by the department shall forfeit an amount not to exceed $1,000. Each day the violation of this section continues from the day notice has been received constitutes a separate offense.
16.955(3)(b)
(b) Upon request of the department, the attorney general or the district attorney of the proper county may aid in any investigation, enforce any request of the department for information under this section or seek forfeitures for violations of this section.
16.955(3)(c)
(c) Upon request of the department, the attorney general or the district attorney of the proper county may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating this section.
16.955(3)(d)
(d) The remedies under this section shall not be exclusive.
16.955(4)
(4) Hearings; evidence; witness fees. 16.955(4)(a)(a) The department or any of its authorized agents may, in relation to any matter arising under this section, conduct hearings, administer oaths, issue subpoenas and take testimony.
16.955(4)(b)
(b) The witnesses subpoenaed by the department or its agent and officers who serve subpoenas shall be entitled to the fees allowed in courts of record. The fees shall be audited and paid by the state in the same manner as other expenses of the department are audited and paid. No witness subpoenaed at the instance of any party other than the department is entitled to payment of fees by the state, unless the department certifies that the testimony of the witness was material.
16.955(4)(c)
(c) Any person who unlawfully fails to attend as a witness or refuses to testify may be compelled to do so as provided in
s. 885.12.
16.955(4)(d)
(d) A record of all hearings shall be kept by the department. All hearings shall be public.
16.955 Cross-reference
Cross-reference: See also ch.
Adm 40, Wis. adm. code.
16.956
16.956
Diesel truck idling reduction grants. 16.956(1)(c)
(c) "Idling reduction unit" means a device that is installed on a diesel truck to reduce the long-duration idling of the truck by providing heat, air conditioning, or electricity to the truck while the truck is stationary and the main drive engine of the truck is not operating.
16.956(1)(d)
(d) "Post-1998 diesel truck engine" means a heavy-duty highway diesel engine that complies with the air pollutant emission standards promulgated by the federal environmental protection agency under
42 USC 7521 for engine model year 1998 or a later engine model year.
16.956(2)
(2) Authority. Beginning on July 1, 2006, and ending on June 30, 2015, the department may award a grant to an eligible applicant for the purchase and field testing of one or more idling reduction units as provided in
subs. (3) and
(4).
16.956(3)
(3) Eligible applicants. An applicant is eligible for a grant under this section only if all of the following apply:
16.956(3)(a)
(a) The applicant is a common motor carrier, contract motor carrier, or private motor carrier that transports freight.
16.956(3)(b)
(b) The applicant is headquartered in this state.
16.956(3)(c)
(c) The applicant pays 50 percent of the eligible costs for each idling reduction unit covered by a grant under this section without the use of grants, loans, or other financial assistance from this state or from a local governmental unit in this state.
16.956(3)(d)
(d) The applicant agrees to collect information relating to the operation and performance of each idling reduction unit covered by a grant under this section, as required by the department, and to report that information to the department.
16.956(4)(a)(a) Except as provided in
par. (b), the costs that an applicant has incurred or will incur to purchase and install an idling reduction unit on a truck tractor that is owned and operated by the applicant and that has a post-1998 diesel truck engine are eligible costs under this section if the use of the idling reduction unit will result, in the aggregate, in a decrease in the emissions of one or more air contaminants, as defined in
s. 285.01 (1), from the truck tractor on which the idling reduction unit is installed or in a decrease in the use of energy by the truck tractor on which the idling reduction unit is installed.
16.956(4)(b)
(b) The following costs are not eligible costs:
16.956(4)(b)1.
1. The cost of shipping an idling reduction unit from the manufacturer to the facility where the idling reduction unit will be installed on the truck tractor.
16.956(4)(cm)
(cm) Subject to
par. (d), the department may make grants under this section from July 1, 2009 to June 30, 2015, of 50 percent of the eligible costs for an idling reduction unit installed on a truck tractor, unless the department has previously awarded a grant under this section for an idling reduction unit installed on the truck tractor.
16.956(4)(d)
(d) In any fiscal year, the department may not pay to any one applicant more than 20 percent of the amount appropriated under
s. 20.505 (1) (sa) for the fiscal year.
16.956(4)(e)
(e) The department may pay a grant over more than one fiscal year, subject to the availability of funds and to
par. (d).
16.956(5)
(5) Information. The department shall collect information from recipients of grants under this section relating to the operation and performance of idling reduction units. The department shall summarize the information collected and make it available to common motor carriers, contract motor carriers, and private motor carriers in an accessible and cost-effective manner, such as on department's Internet site.
16.956(5m)
(5m) Rules. The department shall promulgate rules for the administration of the program under this section.
16.956(6)
(6) Sunset. Subsections (2) to
(4) do not apply after December 31, 2016.
16.956 History
History: 2005 a. 25;
2007 a. 20;
2009 a. 28;
2011 a. 32 ss.
3335 to
3338; Stats. 2011 s. 101.45;
2013 a. 20 s.
1710; Stats. 2013 s. 16.956;
2013 a. 173.
16.956 Cross-reference
Cross-reference: See also ch.
Adm 94, Wis. adm. code.
16.957
16.957
Low-income assistance. 16.957(1)(bm)
(bm) "Commission" means the public service commission.
16.957(1)(c)
(c) "Commitment to community program" means a program by or on behalf of a municipal utility or retail electric cooperative for low-income assistance.
16.957(1)(f)
(f) "Electric provider" means an electric utility or retail electric cooperative.
16.957(1)(g)
(g) "Electric utility" means a public utility that owns or operates a retail electric distribution system.
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 60 percent of the statewide median household income.
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:
16.957(1)(o)2.
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 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 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 50% of the sum of the following is allocated 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, 2003 stats.
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) (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).
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, determine the low-income need target for that fiscal year.
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
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.d.
d. Any other issue identified by the department, council, governor, speaker of the assembly or majority leader of the senate.
16.957(3)
(3) Contracts. The department shall, on the basis of competitive bids, contract with community action agencies described in
s. 49.265 (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(4)(a)(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 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.
