Amendment SSA1-AB68

AB68-SSA1,1121,6 (c) A statement of qualification under s. 178.0901.

AB68-SSA1,1121,7 (d) A certificate of limited partnership under s. 179.11.

AB68-SSA1,2440 Section 2440. 182.0172 of the statutes is created to read:

AB68-SSA1,1121,10 182.0172 Electric providers using easements to provide broadband. (1) In this section:

AB68-SSA1,1121,13 (a) 1. “Broadband infrastructure” means any of the following that can be used to facilitate, directly or indirectly, originate, send, and receive high-quality voice, data, graphics, video, and video programming communications:

AB68-SSA1,1121,14 a. Materials.

AB68-SSA1,1121,15 b. Wires.

AB68-SSA1,1121,17 c. Cables, including fiber optic and copper cables regardless of whether the cables are dark or lit and whether the cables are in use or dormant.

AB68-SSA1,1121,18 d. Conduits.

AB68-SSA1,1121,19 e. Antennas.

AB68-SSA1,1121,20 f. Equipment.

AB68-SSA1,1121,21 g. Fixtures.

AB68-SSA1,1121,22 h. Switching multiplexers.

AB68-SSA1,1121,23 i. Poles.

AB68-SSA1,1121,24 j. Routers.

AB68-SSA1,1121,25 k. Switches.

AB68-SSA1,1122,1 L. Servers.

AB68-SSA1,1122,2 m. Appurtenances.

AB68-SSA1,1122,3 n. Facilities.

AB68-SSA1,1122,4 o. Ancillary or auxiliary equipment.

AB68-SSA1,1122,6 2. “Broadband infrastructure” does not include new poles or new towers that are used exclusively for providing broadband services.

AB68-SSA1,1122,7 (b) “Electric provider” means any of the following:

AB68-SSA1,1122,9 1. A public utility, as defined in s. 196.01 (5), that generates, transmits, or distributes electric energy at wholesale or retail.

AB68-SSA1,1122,12 2. A cooperative association incorporated under ch. 185 to do business in this state that carries on the business of generating, transmitting, or distributing electric energy to its members at wholesale or retail.

AB68-SSA1,1122,14 (2) (a) 1. An electric provider may use an easement that it holds for any of the following purposes:

AB68-SSA1,1122,17 a. Installing or maintaining broadband infrastructure to provide broadband services or allowing a supplier of broadband services to install or maintain broadband infrastructure to provide broadband services.

AB68-SSA1,1122,19 b. Leasing or providing to a supplier of broadband services any excess capacity in the electric provider's broadband infrastructure.

AB68-SSA1,1122,22 2. This paragraph does not exempt, except, or exclude an electric provider or supplier of broadband services from complying with any provision of state or federal law applicable to siting broadband infrastructure or providing broadband services.

AB68-SSA1,1122,25 (b) Except as provided in par. (c) 1., terms or conditions of an easement held by an electric provider that inhibit the electric provider from using the easement for a purpose under par. (a) do not apply.

AB68-SSA1,1123,2 (c) Paragraphs (a) and (b) do not apply to an easement that does any of the following:

AB68-SSA1,1123,4 1. Expressly prohibits, by its terms, using the easement for a purpose under par. (a).

AB68-SSA1,1123,5 2. Applies to property owned by the state or a city, village, town, or county.

AB68-SSA1,1123,7 (3) (a) In this subsection, “owner” means a person who owns a fee simple or life estate interest in land or who is a land contract vendee.

AB68-SSA1,1123,12 (b) At least 30 days before first using an easement for a purpose under sub. (2) (a), an electric provider shall make a reasonable attempt to mail a notice to the owner of the property subject to the easement, as determined from records of the office of the register of deeds of the county in which the property subject to the easement is located, by mailing a notice to at least one of the following:

AB68-SSA1,1123,13 1. The last known address for the owner of the property subject to the easement.

AB68-SSA1,1123,15 2. The address listed with the county real property lister for the owner of the property subject to the easement.

AB68-SSA1,1123,18 3. The registered agent office or principal office listed in the records of the department of financial institutions for the owner of the property subject to the easement.

AB68-SSA1,1123,21 (c) If an electric provider is unable to identify an address to mail a notice under par. (b), the electric provider shall publish a class 1 notice under ch. 985 at least 30 days before first using an easement for a purpose under sub. (2) (a).

AB68-SSA1,1123,23 (d) An electric provider shall include all of the following in a notice under par. (b) or (c):

AB68-SSA1,1124,3 1. An identification of the property subject to the easement, which may be made by reference to the property address, by reference to the tax parcel number of the property, by map, or by legal description.

AB68-SSA1,1124,5 2. A statement that the electric provider intends to install broadband infrastructure or use existing infrastructure to make broadband service available.

AB68-SSA1,1124,7 3. An estimate of when the electric provider intends to install or begin using infrastructure under subd. 2.

AB68-SSA1,1124,8 4. A reference to this section.

AB68-SSA1,1124,11 5. A statement explaining that the electric provider may record a memorandum stating that the electric provider may use the easement for a purpose under sub. (2) (a).

AB68-SSA1,1124,14 6. A notice that the owner of the property subject to the easement may not bring an action against the electric provider for using an easement for a purpose under sub. (2) (a) after one year after the date of receiving the notice.

AB68-SSA1,1124,18 (4) Beginning 30 days after providing notice under sub. (3), an electric provider may record a memorandum in the office of the register of deeds of a county in which property subject to an easement used for a purpose under sub. (2) (a) is located. The electric provider shall include all of the following in the memorandum:

AB68-SSA1,1124,19 (a) One of the following:

AB68-SSA1,1124,20 1. If the easement is recorded, recording information for the easement.

AB68-SSA1,1124,22 2. If the easement is unrecorded or a prescriptive easement under s. 893.28 (2), the legal description of the parcel subject to the easement.

AB68-SSA1,1124,23 (b) A reference to this section.

AB68-SSA1,1124,25 (c) A statement that the electric provider may use the easement for a purpose under sub. (2) (a).

AB68-SSA1,1125,3 (d) A statement that terms or conditions of the easement that inhibit the electric provider from using the easement for a purpose under sub. (2) (a) do not apply.

AB68-SSA1,1125,6 (5) (a) In this subsection, “owner” means an owner of or other person holding an interest in real property subject to an easement used for a purpose under sub. (2) (a).

AB68-SSA1,1125,12 (b) 1. If an owner provides an electric provider, a subsidiary of an electric provider, or a supplier of broadband services with an appraisal performed by an appraiser licensed under ch. 458 comparing the fair market value of the owner's real property interest immediately before and after an easement on the property is used for a purpose under sub. (2) (a), the electric provider, subsidiary, or supplier of broadband services shall do one of the following within 30 days:

AB68-SSA1,1125,14 a. Pay the owner the amount of damages identified in the appraisal provided by the owner.

AB68-SSA1,1125,22 b. Notify the owner that it disputes the appraisal. If an electric provider, subsidiary, or supplier of broadband services disputes the appraisal provided by the owner under this subd. 1. b., the electric provider, subsidiary, or supplier of broadband services shall within 90 days provide the owner with an appraisal performed by an appraiser licensed under ch. 458 comparing the fair market value of the owner's real property interest immediately before and after an easement on the property is used for a purpose under sub. (2) (a). The owner shall make reasonable accommodations for performance of the appraisal under this subd. 1. b.

AB68-SSA1,1126,4 2. If an owner who receives an appraisal under subd. 1. b. from an electric provider, subsidiary, or supplier of broadband services provides to the electric provider, subsidiary, or supplier of broadband services written notice accepting the appraisal or does not bring an action under par. (d) within 30 days of receiving the appraisal, the electric provider, subsidiary, or supplier of broadband services shall promptly remit payment to the owner for the difference in the fair market value of the owner's real property interest identified in the appraisal.

AB68-SSA1,1126,8 (c) An owner may not bring an action against an electric provider, a subsidiary of an electric provider, or a supplier of broadband services for damages from a decrease in the value of the owner's interest in real property due to the use of an easement for a purpose under sub. (2) (a) except as provided under this subsection.

AB68-SSA1,1126,13 (d) An owner may bring an action under this subsection against an electric provider, a subsidiary of an electric provider, or a supplier of broadband services for damages from a decrease in the value of the owner's interest in real property due to the use of an easement for a purpose under sub. (2) (a) only if all of the following apply:

AB68-SSA1,1126,18 1. The owner provides an appraisal under par. (b) 1. to the electric provider, subsidiary, or supplier of broadband services within one year after the date that the owner receives notice under sub. (3) or, if the owner receives no notice under sub. (3), within one year after the date that a memorandum referring to an easement that applies to the property is recorded under sub. (4).

AB68-SSA1,1126,21 2. The owner brings the action within 30 days after receiving an appraisal from the electric provider, subsidiary, or supplier of broadband services under par. (b) 1. b.

AB68-SSA1,1127,4 (e) The maximum recovery under this subsection may not exceed the difference between the fair market value of the owner's real property interest immediately before an easement on the property is used for a purpose under sub. (2) (a) and the fair market value of the owner's real property interest immediately after an easement on the property is used for a purpose under sub. (2) (a). Evidence of revenues, profits, or fees received by an electric provider, a subsidiary of an electric provider, or a supplier of broadband services shall not be admissible as evidence in any proceeding or action under this subsection.

AB68-SSA1,2441 Section 2441 . 185.983 (1) (intro.) of the statutes is amended to read:

AB68-SSA1,1127,13 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (2) to (6), 632.871, 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB68-SSA1,2442 Section 2442 . 185.983 (1) (intro.) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 2441 , is amended to read:

AB68-SSA1,1127,23 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.728, 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (2) to (6), 632.871, 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB68-SSA1,2443 Section 2443 . 194.025 of the statutes is amended to read:

AB68-SSA1,1128,4 194.025 Discrimination prohibited. No motor carrier may engage in any practice, act or omission which results in discrimination on the basis of race, creed, sex or, national origin, or status as a holder or nonholder of a license under s. 343.03 (3r).

AB68-SSA1,2444 Section 2444. 196.01 (5) (b) 8. of the statutes is created to read:

AB68-SSA1,1128,8 196.01 (5) (b) 8. A person who supplies electricity through the person's electric vehicle charging station to users' electric vehicles, if the person does not otherwise directly or indirectly provide electricity to the public.

AB68-SSA1,2445 Section 2445. 196.025 (1h) of the statutes is created to read:

AB68-SSA1,1128,12 196.025 (1h) Social cost of carbon emissions. (a) In this subsection, “social cost of carbon” means a measure of the economic harms and other impacts expressed in dollars that result from emitting one ton of carbon dioxide into the atmosphere.

AB68-SSA1,1128,22 (b) In consultation with the department of natural resources, the commission shall evaluate and set the social cost of carbon and shall evaluate and adjust as necessary that dollar amount every 2 years. The evaluations shall use integrated assessment models and consider appropriate discount rates. Any adjustment shall be consistent with the international consensus on the social cost of carbon. No later than December 31, 2021, and no later than December 31 every odd-numbered year thereafter, the commission shall submit to the appropriate standing committees of the legislature under s. 13.172 (3) a report that describes the commission's evaluation and, if the commission adjusts the previously set dollar amount, specifies the social cost of carbon as adjusted by the commission.

AB68-SSA1,1128,24 (d) The commission shall consider the social cost of carbon in determining whether to issue certificates under ss. 196.49 and 196.491 (3).

AB68-SSA1,2446 Section 2446. 196.025 (8) of the statutes is created to read:

AB68-SSA1,1129,7 196.025 (8) Model ordinance for repaying local governments for certain improvements. The commission shall develop and make available a model ordinance that addresses political subdivisions, as defined in s. 66.0627 (1) (b), making loans or entering into agreements for making or installing energy efficiency improvements, as defined in s. 66.0627 (1) (am), water efficiency improvements, as defined in s. 66.0627 (1) (d), or renewable resource applications to premises under s. 66.0627 (8).

AB68-SSA1,2447 Section 2447. 196.027 (1) (d) 3. of the statutes is created to read:

AB68-SSA1,1129,10 196.027 (1) (d) 3. The retiring of any existing electric generating facility fueled by nonrenewable combustible energy resources.

AB68-SSA1,2448 Section 2448. 196.027 (1) (f) of the statutes is amended to read:

AB68-SSA1,1129,20 196.027 (1) (f) “Environmental control cost" means capital cost, including capitalized cost relating to regulatory assets, incurred or expected to be incurred by an energy utility in undertaking an environmental control activity and, with respect to an environmental control activity described in par. (d) 2. or 3., includes the unrecovered value of property that is retired, including any demolition or similar cost that exceeds the salvage value of the property. “Environmental control cost" does not include any monetary penalty, fine, or forfeiture assessed against an energy utility by a government agency or court under a federal or state environmental statute, rule, or regulation.

AB68-SSA1,2449 Section 2449. 196.218 (5) (a) 5. of the statutes is amended to read:

AB68-SSA1,1130,2 196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.971 (13) to (16) to the extent that these costs are not paid under s. 16.997 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under s. 16.997 (2r) (a).

AB68-SSA1,2450 Section 2450. 196.218 (5) (a) 10. of the statutes is amended to read:

AB68-SSA1,1130,5 196.218 (5) (a) 10. To make broadband expansion grants and administer the program under s. 196.504 (2).

AB68-SSA1,2451 Section 2451. 196.31 (2r) of the statutes is created to read:

AB68-SSA1,1130,9 196.31 (2r) From the appropriation under s. 20.155 (1) (j), the commission shall reserve $50,000 annually to compensate equity-focused participants who review economic and environmental issues impacting low-income populations.

AB68-SSA1,2452 Section 2452. 196.374 (1) (gm) of the statutes is created to read:

AB68-SSA1,1130,12 196.374 (1) (gm) “Low-income household” has the meaning given in s. 16.957 (1) (m).

AB68-SSA1,2453 Section 2453. 196.374 (2) (a) 1. of the statutes is amended to read: