Amendment ASA2-AB755

LRBs0329/2

MDK/GMM/MES:cjs/nwn/bjk:rs

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 2009 ASSEMBLY BILL 755

March 16, 2010 - Offered by Representative Mason.

AB755-ASA2,1,9 An Act to amend 66.0627 (title), 66.0627 (1) (a), 66.0627 (8), 103.49 (3) (ar), 109.09 (1), 111.322 (2m) (c), 196.374 (4) (b), 227.01 (13) (t), 946.15 (1), 946.15 (2), 946.15 (3) and 946.15 (4); and to create 66.0627 (1) (d), 196.374 (2) (d), 196.3745 and 709.03 (form) C. 25m. of the statutes; relating to: allowing certain utilities to administer investment programs for energy and water efficiency improvements and renewable energy applications, creating requirements for political subdivision loans for similar improvements and applications, providing an exemption from emergency rule procedures, and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB755-ASA2, s. 1 Section 1. 66.0627 (title) of the statutes, as affected by 2009 Wisconsin Act 11, is amended to read:

AB755-ASA2,2,2 66.0627 (title) Special charges for current services and energy and water efficiency improvement loans.

AB755-ASA2, s. 2 Section 2. 66.0627 (1) (a) of the statutes, as created by 2009 Wisconsin Act 11, is amended to read:

AB755-ASA2,2,7 66.0627 (1) (a) "Energy efficiency improvement" means an improvement to a residential any type of premises that reduces the usage of energy, or increases the efficiency of energy usage, at the premises.

AB755-ASA2, s. 3 Section 3. 66.0627 (1) (d) of the statutes is created to read:

AB755-ASA2,2,11 66.0627 (1) (d) "Water efficiency improvement" means an improvement to any type of premises that reduces the usage of water, or increases the efficiency of water usage, at the premises.

AB755-ASA2, s. 4 Section 4. 66.0627 (8) of the statutes, as created by 2009 Wisconsin Act 11, is amended to read:

AB755-ASA2,3,2 66.0627 (8) A Subject to s. 196.3745, a political subdivision may make a loan to a resident of an owner of a premises located in the political subdivision for making or installing an energy efficiency improvement, a water efficiency improvement, or a renewable resource application to the resident's residential property premises, or enter into an agreement with the owner regarding loan repayments to a 3rd party for owner-arranged financing for such purposes. If a political subdivision makes such a loan or enters into such an agreement, the political subdivision may collect the loan repayment as a special charge under this section. A political subdivision may also collect the loan repayment as a special tax, using the method and procedures described in s. 66.0907 (3) (f). Notwithstanding the provisions of sub. (4), a special charge imposed under this subsection may be collected in annual installments and may be included in the current or next tax roll for collection and settlement under ch. 74 even if the special charge is not delinquent.

AB755-ASA2, s. 5 Section 5 . 103.49 (3) (ar) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755-ASA2,3,11 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the department may not use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50, 196.3745 (5) (a) 1., or 229.8275 or 40 USC 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50, 196.3745 (5) (a) 1., or 229.8275 or 40 USC 3142.

AB755-ASA2, s. 6 Section 6 . 109.09 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755-ASA2,4,9 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 66.0904, 103.02, 103.49, 103.82, 104.12, 196.3745 (5) (a) 1., and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

AB755-ASA2, s. 7 Section 7 . 111.322 (2m) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB755-ASA2,4,15 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 66.0904, 103.49, 196.3745 (5) (a) 1., or 229.8275 or testifies or assists in any action or proceeding under s. 66.0903, 66.0904, 103.49, 196.3745 (5) (a) 1., or 229.8275.

AB755-ASA2, s. 8 Section 8. 196.374 (2) (d) of the statutes is created to read:

AB755-ASA2,5,2 196.374 (2) (d) Contractors. The commission shall prohibit, by order or rule, the performance of any work on installing or making an energy efficiency improvement, as defined in s. 196.3745 (1) (b), or renewable resource application, as defined in s. 196.3745 (1) (f), under a contract under a program under par. (a) 1., (b) 1. or 2., or (c) by a contractor or subcontractor who is not included in the list specified in s. 196.3745 (5) (a), except that the commission's order or rule shall allow the performance of such work by a contractor or subcontractor who does not satisfy the requirement under s. 196.3745 (5) (a) 3. if no contractor or subcontractor who satisfies the requirement is available to perform the work. This paragraph applies to contracts that are entered into, extended, modified, or renewed on the effective date of the commission's order or rule.

AB755-ASA2, s. 9 Section 9. 196.374 (4) (b) of the statutes is amended to read:

AB755-ASA2,5,11 196.374 (4) (b) An energy utility that provides financing under an energy efficiency program under sub. (2) (b) 1. or 2. for installation, by a customer, of energy efficiency or renewable resource processes, equipment, or appliances, or an affiliate of such a utility, may not sell to or install for the customer those processes, equipment, appliances, or related materials. The Subject to any order or rule of the commission under sub. (2) (d), the customer shall acquire the installation of the processes, equipment, appliances, or related materials from an independent contractor of the customer's choice.

AB755-ASA2, s. 10 Section 10. 196.3745 of the statutes is created to read:

AB755-ASA2,5,14 196.3745 Energy and water efficiency and renewable energy investment program. (1) Definitions. In this section:

AB755-ASA2,5,18 (ag) "Administrative services" means, with respect to a utility, internal program administrative activities of the utility and does not include project, construction, or program management services or installations related to improvements or applications.

AB755-ASA2,5,21 (ar) "Cultural competency" means the ability to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes, and behaviors of persons of various cultures.

AB755-ASA2,5,24 (b) "Energy efficiency improvement" means an improvement to any type of premises that reduces the usage of energy, or increases the efficiency of energy usage, at the premises.

AB755-ASA2,6,2 (c) "Improvement or application" means an energy or water efficiency improvement or renewable resource application.

AB755-ASA2,6,3 (d) "Political subdivision" means a city, village, town, or county.

AB755-ASA2,6,5 (e) "Political subdivision loan" means a loan or agreement under s. 66.0627 (8) regarding an improvement or application.

AB755-ASA2,6,7 (f) "Renewable resource application" means the application of a renewable resource, as defined in s. 196.374 (1) (j), at any type of premises.

AB755-ASA2,6,9 (g) "Utility" means a public utility that furnishes electricity, natural gas, or water service to retail customers.

AB755-ASA2,6,10 (h) "Utility program" means a program authorized under sub. (2).

AB755-ASA2,6,13 (i) "Water efficiency improvement" means an improvement to any type of premises that reduces the usage of water, or increases the efficiency of water usage, at the premises.

AB755-ASA2,6,20 (2) Authorization. The commission may, upon application by a utility, authorize the utility to administer, fund, or provide administrative services for a program for investing in improvements or applications for any type of premises served by the utility if the commission finds that the program is cost-effective. Participation in such a program shall be at the discretion of utilities and premises owners, and the commission may not require that a utility or premises owner participate in such a program.

AB755-ASA2,6,25 (3) Tariffs. A utility for which a program is authorized under sub. (2) shall file a tariff specifying the terms and conditions for making or installing improvements or applications at customer premises under the program. A tariff filed under this subsection shall have no effect until approved by the commission. A tariff filed by a utility under this subsection shall include all of the following:

AB755-ASA2,7,6 (a) Terms and conditions for billing customers at premises for costs incurred at the premises in making or installing improvements or applications for which investments are made. The utility may not bill a customer for any interest on any amount on which the utility is allowed to earn a return under sub. (6) (as). The tariff shall allow the utility to collect, and enforce payment of, the amounts billed in the same manner as amounts billed for utility service.

AB755-ASA2,7,10 (b) A contract between the utility and an owner of property benefited by an improvement or application that requires the owner to inform any property lessees who are liable for utility service that the cost of the improvement or application will appear on the lessees' utility bills.

AB755-ASA2,7,15 (c) A contract between the utility and an owner of property benefited by an improvement or application that requires the owner to inform any purchaser of the property that the purchaser, or any other person who is liable for utility service at the property, is liable for the unpaid cost of the improvement or application and that such unpaid cost will appear on utility bills for the property.

AB755-ASA2,7,16 (d) Any other term or condition required by the commission.

AB755-ASA2,7,17 (4) Costs and savings. (a) Definitions. In this subsection:

AB755-ASA2,7,19 1. "Performance contract" means a contract under which a qualified provider agrees to do all of the following:

AB755-ASA2,7,20 a. Make an improvement or application on the property of another party.

AB755-ASA2,7,22 b. Guarantee a minimum level of cost savings that will result from reduced energy or water usage due to the improvement or application.

AB755-ASA2,7,24 c. Commit to pay to the other party the difference between the guaranteed and actual savings in the event that the guaranteed cost savings are not realized.

AB755-ASA2,7,25 d. Validate the savings guarantee by periodic measurement and verification.

AB755-ASA2,8,5 2. "Qualified provider" means a person who is experienced in the design, implementation, and installation of improvements or applications and who has the ability to provide labor and material payment and performance bonds equal to the maximum amount of any payments due under a performance contract entered into by the person.

AB755-ASA2,8,8 (b) In general. A premises is not eligible for a political subdivision loan or an investment for an improvement or application under a utility program unless one of the following is satisfied: