Amendment AA1-SB70

SB70-AA1,1045 Section 1045. 20.155 (3) (c) of the statutes is created to read:

SB70-AA1,464,3 20.155 (3) (c) Broadband expansion grant program. As a continuing appropriation, the amounts in the schedule for the broadband expansion grant program under s. 196.504 (2).

SB70-AA1,1046 Section 1046. 196.504 (2m) of the statutes is created to read:

SB70-AA1,464,8 196.504 (2m) (a) Except as provided in pars. (b) and (c), from the appropriation under s. 20.155 (3) (c), each fiscal year the commission shall award no less than 10 percent of the amount in the schedule for that appropriation in fiscal year 2023-24 as broadband expansion grants under sub. (2).

SB70-AA1,464,13 (b) Except as provided in par. (c), if the remaining unobligated balance of the appropriation under s. 20.155 (3) (c) is less than 10 percent of the amount in the schedule for that appropriation in fiscal year 2023-24, the commission shall award the entire remaining balance in broadband expansion grants under sub. (2) in that fiscal year.

SB70-AA1,464,17 (c) If in any fiscal year, the commission does not receive sufficient broadband expansion grant applications that meet the eligibility criteria to award the minimum amounts described under par. (a) or (b), the commission shall award the maximum amount of broadband expansion grants under sub. (2) possible that fiscal year.”.

SB70-AA1,464,18 175. Page 374, line 11: after that line insert:

SB70-AA1,464,19 “ Section 1047. 16.3085 (2) (a) of the statutes is amended to read:

SB70-AA1,464,22 16.3085 (2) (a) From the appropriation under s. 20.505 (7) (kg), the department may award up to 10 grants, of up to $50,000 $75,000 each, annually to any shelter facility.

SB70-AA1,9101 Section 9101. Nonstatutory provisions; Administration.

SB70-AA1,464,24 (7r) Homeless case management grant program.

SB70-AA1,465,4 (a) The authorized FTE positions for the department of administration are increased by 1.0 PR position, to be funded from the appropriation under s. 20.505 (7) (kg) to carry out functions related to the homeless case management grant program under. s. 16.3085.

SB70-AA1,465,8 (b) In the schedule under s. 20.005 (3) for the appropriation to the department of administration under s. 20.505 (7) (kg), the dollar amount for fiscal year 2023-24 is increased by $565,000 and the dollar amount for fiscal year 2024-25 is increased by $586,600 for the homeless case management grant program under s. 16.3085.”.

SB70-AA1,465,9 176. Page 374, line 11: after that line insert:

SB70-AA1,465,10 “ Section 9238. Fiscal changes; Safety and Professional Services.

SB70-AA1,465,19 (1) Private on-site wastewater treatment system research. In the schedule under s. 20.005 (3) for the appropriation to the department of safety and professional services under s. 20.165 (2) (j), the dollar amount for fiscal year 2023-24 is increased by $116,000 to support research related to private on-site wastewater treatment system and potential effects on nearby drinking water wells. In the schedule under s. 20.005 (3) for the appropriation to the department of safety and professional services under s. 20.165 (2) (j), the dollar amount for fiscal year 2024-25 is increased by $100,000 to support research related to private on-site wastewater treatment system and potential effects on nearby drinking water wells.”.

SB70-AA1,465,20 177. Page 374, line 11: after that line insert:

SB70-AA1,465,21 “ Section 1048. 20.165 (2) (jm) of the statutes is created to read:

SB70-AA1,466,2 20.165 (2) (jm) Contractor payments received for regulation. All moneys received by contractors and vendors as payments for services performed for the department relating to the regulation of industry, buildings, and safety under chs. 101 and 145 and ss. 167.10 and 167.27.”.

SB70-AA1,466,3 178. Page 374, line 11: after that line insert:

SB70-AA1,466,4 “ Section 9238. Fiscal changes; Safety and Professional Services.

SB70-AA1,466,10 (1) Stretch energy code working group. In the schedule under s. 20.005 (3) for the appropriation to the public service commission under s. 20.165 (2) (j), the dollar amount for fiscal year 2023-24 is increased by $250,000 to increase the authorized FTE positions for the public service commission by 1.0 PR project position, for establishing a working group to evaluate local energy codes that aim to achieve energy savings in all types of buildings.”.

SB70-AA1,466,11 179. Page 374, line 11: after that line insert:

SB70-AA1,466,12 “ Section 1049. 101.123 (1) (h) (intro.) of the statutes is amended to read:

SB70-AA1,466,13 101.123 (1) (h) (intro.) “Smoking" means burning any of the following:

SB70-AA1,466,15 1m. Burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco:

SB70-AA1,1050 Section 1050. 101.123 (1) (h) 1. of the statutes is renumbered 101.123 (1) (h) 1m. a.

SB70-AA1,1051 Section 1051. 101.123 (1) (h) 2. of the statutes is renumbered 101.123 (1) (h) 1m. b.

SB70-AA1,1052 Section 1052. 101.123 (1) (h) 2m. of the statutes is created to read:

SB70-AA1,466,21 101.123 (1) (h) 2m. Inhaling or exhaling vapor from a vapor product.

SB70-AA1,1053 Section 1053. 101.123 (1) (h) 3. of the statutes is renumbered 101.123 (1) (h) 1m. c.

SB70-AA1,1054 Section 1054. 101.123 (1) (h) 4. of the statutes is renumbered 101.123 (1) (h) 1m. d.

SB70-AA1,1055 Section 1055. 101.123 (1) (k) of the statutes is created to read:

SB70-AA1,467,4 101.123 (1) (k) “Vapor product” has the meaning given in s. 139.75 (14).”.

SB70-AA1,467,5 180. Page 374, line 11: after that line insert:

SB70-AA1,467,6 “ Section 9238. Fiscal changes; Safety and Professional Services.

SB70-AA1,467,15 (1) Building plan review; advance scheduling. In the schedule under s. 20.005 (3) for the appropriation to the department of safety and professional services under s. 20.165 (2) (j), the dollar amount for fiscal year 2023-24 is increased by $470,300 to increase the authorized FTE positions for the public service commission by 7.0 PR positions, for scheduling plan reviews in advance and submitting plans within 48 hours of an appointment. In the schedule under s. 20.005 (3) for the appropriation to the department of safety and professional services under s. 20.165 (2) (j), the dollar amount for fiscal year 2024-25 is increased by $610,200 to provide funding for the positions authorized under this subsection.

SB70-AA1,467,24 (2) Building plan review; conducting all reviews within 20 days. In the schedule under s. 20.005 (3) for the appropriation to the public service commission under s. 20.165 (2) (j), the dollar amount for fiscal year 2023-24 is increased by $972,500 to increase the authorized FTE positions for the public service commission by 14.0 PR positions, for conducting all building plan reviews within 20 days of submittal. In the schedule under s. 20.005 (3) for the appropriation to the public service commission under s. 20.165 (2) (j), the dollar amount for fiscal year 2024-25 is increased by $1,263,000 to provide funding for the positions authorized under this subsection.

SB70-AA1,468,9 (3) Building plan review; accelerated review; small projects. In the schedule under s. 20.005 (3) for the appropriation to the department of safety and professional services under s. 20.165 (2) (j), the dollar amount for fiscal year 2023-24 is increased by $270,000 to increase the authorized FTE positions for the public service commission by 4.0 PR positions, for conducting accelerated building plan review of small projects. In the schedule under s. 20.005 (3) for the appropriation to the department of safety and professional services under s. 20.165 (2) (j), the dollar amount for fiscal year 2024-25 is increased by $350,200 to provide funding for the positions authorized under this subsection.”.

SB70-AA1,468,10 181. Page 374, line 11: after that line insert:

SB70-AA1,468,12 “ Section 1056. 13.48 (30) (a) (intro.) and 2. of the statutes are consolidated, renumbered 13.48 (30) (a) and amended to read:

SB70-AA1,468,14 13.48 (30) (a) In this section: 2. “Unserved, “unserved area” has the meaning given in s. 196.504 (1) (c).

SB70-AA1,1057 Section 1057. 13.48 (30) (a) 1. of the statutes is repealed.

SB70-AA1,1058 Section 1058. 13.48 (30) (b) of the statutes is amended to read:

SB70-AA1,469,3 13.48 (30) (b) The legislature finds and determines that the provision of broadband Internet access is essential to the welfare of the citizens of this state and to economic development in this state, and therefore the provision of broadband Internet access is a government function and a statewide responsibility of statewide dimension. The legislature further determines that sufficient private capital has been and continues to be unavailable to fulfill the need for the development of broadband Internet access in underserved and unserved areas in this state. It is therefore in the public interest, and it is the public policy of this state, to assist the public service commission in making broadband expansion grants under s. 196.504 (2) (a) for the purpose of constructing broadband infrastructure in underserved and unserved areas of this state.

SB70-AA1,1059 Section 1059. 24.40 (3) of the statutes is amended to read:

SB70-AA1,469,9 24.40 (3) Notwithstanding s. 28.02 (5) or any contrary rule promulgated by the department, if the department grants an easement under sub. (1r) for the construction of broadband infrastructure in underserved unserved areas, as designated under s. 196.504 (2) (d) (e), the department may not require any appraisal or the payment of any fee to grant the easement.

SB70-AA1,1060 Section 1060. 86.16 (6) of the statutes is amended to read:

SB70-AA1,469,15 86.16 (6) If the department consents under sub. (1) to the construction of broadband infrastructure in underserved unserved areas, as designated under s. 196.504 (2) (d) (e), the department may not charge any fee for the initial issuance of any permit necessary to construct broadband infrastructure along, across, or within the limits of a highway.

SB70-AA1,1061 Section 1061. 196.504 (1) (b) of the statutes is repealed.

SB70-AA1,1062 Section 1062. 196.504 (1) (c) 2. of the statutes is amended to read:

SB70-AA1,470,4 196.504 (1) (c) 2. Provided at actual speeds of at least 20 percent of the upload and download speeds for advanced telecommunications capability as designated by the federal communications commission in its inquiries regarding advanced telecommunications capability under 47 USC 1302 (b) download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater. Beginning on July 1 of the 2nd calendar year beginning after the effective date of this subdivision .... [LRB inserts date], and on July 1 of each successive odd-numbered year thereafter, the commission may adjust the threshold speeds designated in this subdivision if, upon review, it determines there is good cause to do so in order to align with changes in technology and actual market conditions. If the commission adjusts these threshold speeds, it shall publicize the adjusted speed thresholds on its website.

SB70-AA1,1063 Section 1063. 196.504 (1) (c) 3. of the statutes is created to read:

SB70-AA1,470,6 196.504 (1) (c) 3. Available, reliable, and affordable.

SB70-AA1,1064 Section 1064. 196.504 (2) (a) of the statutes, as affected by 2021 Wisconsin Act 58, is amended to read:

SB70-AA1,470,13 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved unserved areas designated under par. (d) (e). Grants awarded under this section subsection shall be paid from the appropriations under ss. 20.155 (3) (c), (r), and (rm) and 20.866 (2) (z), in the amount allocated under s. 20.866 (2) (z) 5.

SB70-AA1,1065 Section 1065. 196.504 (2) (c) of the statutes is renumbered 196.504 (2) (c) 1. (intro.) and amended to read:

SB70-AA1,470,18 196.504 (2) (c) 1. (intro.) To establish criteria for evaluating applications and awarding grants under this section subsection. The criteria shall prohibit grants give priority to all of the following:

SB70-AA1,470,21 a. Grants that do not have the effect of subsidizing the expenses of a provider of telecommunications service, as defined in s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria shall give priority to projects

SB70-AA1,470,23 c. Projects that include at least 40 percent matching funds, and shall give higher priority to projects with more than 40 percent matching funds.

SB70-AA1,470,25 d. Projects that involve public-private partnerships , that affect unserved areas,.

SB70-AA1,471,1 e. Projects that are scalable,.

SB70-AA1,471,4 f. Projects that promote economic development , that will not result in delaying the provision of broadband service to areas neighboring areas to be served by the proposed project, or.

SB70-AA1,471,6 g. Projects that affect a large geographic area that is difficult to connect or a large number of underserved unserved individuals or communities.

SB70-AA1,471,8 2. When evaluating grant applications under this section subsection, the commission shall consider the all of the following:

SB70-AA1,471,12 a. The degree to which the proposed projects would duplicate existing broadband infrastructure, information about the presence of which is provided to the commission by the applicant or another person within a time period designated by the commission; the.

SB70-AA1,471,14 b. The impacts of the proposed projects on the ability of individuals to access health care services from home and the cost of those services; and the.

SB70-AA1,471,16 c. The impacts of the proposed projects on the ability of students to access educational opportunities from home.

SB70-AA1,1066 Section 1066. 196.504 (2) (c) 1. b. of the statutes is created to read:

SB70-AA1,471,18 196.504 (2) (c) 1. b. Require that projects serve unserved areas.

SB70-AA1,1067 Section 1067. 196.504 (2) (c) 1. h. of the statutes is created to read:

SB70-AA1,472,4 196.504 (2) (c) 1. h. Projects that are capable of offering service at actual download speeds of 100 megabits per second or greater and upload speeds of 100 megabits per second or greater and shall give higher priority to projects that are capable of exceeding these speeds. Beginning on July 1 of the 2nd calendar year beginning after the effective date of this subdivision .... [LRB inserts date], and on July 1 of each successive odd-numbered year thereafter, the commission may adjust the threshold service speeds designated in this subdivision if, upon review, it determines there is good cause to do so in order to align with changes in technology and actual market conditions. If the commission adjusts these threshold speeds, it shall publicize the adjusted speeds on its website.

SB70-AA1,1068 Section 1068. 196.504 (2) (c) 2. d. and e. of the statutes are created to read:

SB70-AA1,472,6 196.504 (2) (c) 2. d. The affordability of the service.

SB70-AA1,472,8 e. All federal funding for broadband facilities in the project area of the proposed project.

SB70-AA1,1069 Section 1069. 196.504 (2) (d) of the statutes is repealed.

SB70-AA1,1070 Section 1070. 196.504 (2t) of the statutes is created to read:

SB70-AA1,472,14 196.504 (2t) (a) Within 10 days of the close of the broadband expansion grant application process, the commission shall publish on its website the proposed geographic broadband service area and the proposed broadband service speeds for each application for a broadband expansion grant submitted.

SB70-AA1,472,18 (b) An Internet service provider in or proximate to the proposed project area may, within 30 days of publication of the information under par. (a), submit in writing to the commission a challenge to an application. A challenge shall contain information demonstrating one of the following:

SB70-AA1,472,22 1. The provider currently provides available, reliable, and affordable fixed wireless or wired broadband service to any part of the proposed project area at download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater.

SB70-AA1,473,4 2. The provider commits to complete construction of broadband infrastructure and to provide available, reliable, and affordable fixed wireless or wired broadband service to any part of the proposed project area at speeds equal to or greater than the speeds described under subd. 1. no later than 24 months after the date of the commission's order awarding broadband expansion grants. The provider shall submit documentation showing this commitment, including engineering plans, invoices related to project materials, permit applications, and a project timeline.

SB70-AA1,473,8 (bm) An Internet service provider that submits a challenge under this subsection shall allow the commission to inspect the broadband infrastructure identified by a provider in a challenge under par. (b) 1. or 2. to ensure it meets minimum service standards.

SB70-AA1,473,13 (c) The commission shall evaluate an Internet service provider's challenge under this subsection, and is prohibited from funding any portion of a project relating to the area that is the subject of the challenge if the commission determines that the challenger's provision of or commitment to provide broadband service that meets the requirements of par. (b) in that area is credible.

SB70-AA1,473,25 (d) If the commission denies funding to an applicant as a result of an Internet service provider's challenge made under this subsection and the Internet service provider does not fulfill its commitment to provide available, reliable, and affordable broadband service in the area that is the subject of the challenge, the commission is prohibited from awarding grant funding to that Internet service provider for the following 2 grant cycles and that Internet service provider is prohibited from participating in the challenge process under par. (b) for the following 2 grant cycles, unless the commission determines that the Internet service provider's failure to fulfill its commitment was the result of factors beyond the Internet service provider's control. The commission shall give priority scoring treatment to an application targeting a grant project area that remains unserved as a result of a successful challenge and an unfulfilled commitment.

SB70-AA1,1071 Section 1071. 196.504 (3) (intro.) of the statutes is amended to read:

SB70-AA1,474,4 196.504 (3) (intro.) The commission shall encourage the development of broadband infrastructure in underserved unserved areas of the state and do all of the following:

SB70-AA1,9336 Section 9336. Initial applicability; Public Service Commission.