Amendment AA1-SB70

SB70-AA1,475,3 20.155 (3) (r) Broadband expansion grants; transfers. From the universal service fund, all moneys transferred under s. 196.218 (3) (a) 2s. a., 2015 Wisconsin Act 55, section 9236 (1v), 2017 Wisconsin Act 59, section 9237 (1) and (2) (a), and 2019 Wisconsin Act 9, section 9201 (1), for broadband expansion grants under s. 196.504 (2).

SB70-AA1,1075 Section 1075. 20.155 (3) (rm) of the statutes is amended to read:

SB70-AA1,475,7 20.155 (3) (rm) Broadband grants; other funding. From the universal service fund, as a continuing appropriation, all moneys transferred under s. 196.218 (3) (a) 2s. b., for broadband expansion grants under s. 196.504 (2).

SB70-AA1,1076 Section 1076. 196.504 (2) (b) of the statutes is amended to read:

SB70-AA1,475,13 196.504 (2) (b) To prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section subsection. The application shall require the applicant to identify the area of the state that will be affected by the proposed project and explain how the proposed project will increase broadband access.

SB70-AA1,1077 Section 1077. 196.504 (2r) of the statutes is created to read:

SB70-AA1,475,16 196.504 (2r) The commission shall administer the line extension assistance program and shall have the following powers:

SB70-AA1,475,22 (a) To make financial assistance grants to residents of properties that are not served by a broadband service provider to assist in paying the customer costs associated with line extension necessary to connect broadband service to the properties. The amount of a financial assistance grant under this subsection may not exceed $4,000. Grants awarded under this subsection shall be paid from the appropriation under s. 20.155 (3) (b).

SB70-AA1,475,25 (b) To establish criteria for evaluating applications and awarding financial assistance grants under this subsection. The criteria shall give priority to properties that serve as a primary residence.

SB70-AA1,1078 Section 1078. 20.155 (1) (q) of the statutes is amended to read:

SB70-AA1,476,6 20.155 (1) (q) Universal telecommunications service; broadband service; digital equity. From the universal service fund, the amounts in the schedule for the promotion of broadband service and, universal telecommunications service, and digital equity for the purposes specified in s. 196.218 (5) (a) 1., 4., 8., 9., and 10., and 15.

SB70-AA1,1079 Section 1079. 196.01 (2n) of the statutes is created to read:

SB70-AA1,476,9 196.01 (2n) “Digital equity” means all individuals and communities have the information technology capacity needed to fully participate in society.

SB70-AA1,1080 Section 1080. 196.218 (5) (a) 15. of the statutes is created to read:

SB70-AA1,476,12 196.218 (5) (a) 15. To administer a digital equity program for the purposes specified under s. 196.504 (10).

SB70-AA1,1081 Section 1081. 196.504 (10) of the statutes is created to read:

SB70-AA1,476,15 196.504 (10) The commission shall administer a digital equity program under which it may do all of the following:

SB70-AA1,476,16 (a) Provide outreach and assistance to promote digital equity.

SB70-AA1,476,17 (b) Coordinate the administration of federal and state digital equity funding.

SB70-AA1,476,18 (c) Provide digital navigation services.

SB70-AA1,476,19 (d) Implement digital inclusion activities.

SB70-AA1,1082 Section 1082. 66.0422 (1) (cr) of the statutes is created to read:

SB70-AA1,476,22 66.0422 (1) (cr) “Unserved area” means an area of this state that is designated as an unserved area by the public service commission under s. 196.504 (2) (e).

SB70-AA1,1083 Section 1083. 66.0422 (2) (c) of the statutes is amended to read:

SB70-AA1,477,8 66.0422 (2) (c) No less than 30 days before the public hearing, the local government prepares and makes available for public inspection a report estimating the total costs of, and revenues derived from, constructing, owning, or operating the facility and including a cost-benefit analysis of the facility for a period of at least 3 years. The costs that are subject to this paragraph include personnel costs and costs of acquiring, installing, maintaining, repairing, or operating any plant or equipment, and include an appropriate allocated portion of costs of personnel, plant, or equipment that are used to provide jointly both telecommunications services and other services. This paragraph does not apply to a broadband facility that is intended to serve an unserved area.

SB70-AA1,1084 Section 1084. 66.0422 (3d) (intro.) of the statutes is amended to read:

SB70-AA1,477,17 66.0422 (3d) (intro.) Subsection (2) does not apply to a facility for providing broadband service to an area within the boundaries of a local government if the local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area and, if the area is not an unserved area, whether the person intends to provide broadband service to the area within 9 months, or, if the area is an unserved area, whether the person actively plans to provide broadband service to the area within 3 months and any of the following are satisfied:

SB70-AA1,1085 Section 1085. 66.0422 (3d) (a) of the statutes is amended to read:

SB70-AA1,478,2 66.0422 (3d) (a) The local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area or intends to provide broadband service within 9 months to the area and within 60 days after receiving the written request no person responds in writing to the The local government does not receive a response in writing that the a person currently provides broadband service to the area or intends or actively plans to provide broadband service to the area within 9 months the relevant time period.

SB70-AA1,1086 Section 1086. 66.0422 (3d) (b) of the statutes is amended to read:

SB70-AA1,478,7 66.0422 (3d) (b) The local government determines that a person who responded to a written request under par. (a) that the person currently provides broadband service to the area did not actually provide broadband service to the area and no other person makes the response responds to the local government described in par. (a).

SB70-AA1,1087 Section 1087. 66.0422 (3d) (c) of the statutes is amended to read:

SB70-AA1,478,14 66.0422 (3d) (c) The local government determines that a person who responded to a written request under par. (a) that the person intended or actively planned to provide broadband service to the area within 9 months the relevant time period did not actually provide broadband service to the area within 9 months the relevant time period and no other person makes the response responds to the local government described in par. (a).

SB70-AA1,1088 Section 1088. 66.0422 (3m) (b) of the statutes is amended to read:

SB70-AA1,478,18 66.0422 (3m) (b) The municipality itself does not use the facility to provide broadband service to end users. This paragraph does not apply to a facility that is intended to serve an unserved area.

SB70-AA1,1089 Section 1089. 66.0422 (3m) (c) of the statutes is amended to read:

SB70-AA1,478,24 66.0422 (3m) (c) The municipality determines that, at the time that the municipality authorizes the construction, ownership, or operation of the facility, whichever occurs first, the facility does not compete with more than one provider of broadband service. This paragraph does not apply to a facility that is intended to serve an unserved area.

SB70-AA1,1090 Section 1090. 100.2091 of the statutes is created to read:

SB70-AA1,479,4 100.2091 Broadband; discrimination prohibited. (1) No broadband service provider may deny access to broadband service to any group of potential residential customers because of the race or income of the residents in the area in which the group resides.

SB70-AA1,479,9 (2) It is a defense to an alleged violation of sub. (1) based on income if, no later than 3 years after the date on which the broadband service provider began providing broadband service in this state, at least 30 percent of the households with access to the broadband service provider's broadband service in the area in which a group of potential residential customers resides are low-income households.

SB70-AA1,479,18 (3) The department may enforce this section and may promulgate rules to implement and administer this section, including rules that define low-income households, and to align department rules with federal communications commission broadband rules. The department of justice may represent the department in an action to enforce this section. If the court finds that a broadband service provider has not complied with this section, the court shall order the broadband service provider to comply with this section within a reasonable amount of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees, to the department of justice.

SB70-AA1,479,24 (4) Any person that is affected by a failure to comply with this section may bring an action to enforce this section. If a court finds that a broadband service provider has not complied with this section, the court shall order the broadband service provider to comply with this section within a reasonable amount of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees, to the person affected.

SB70-AA1,1091 Section 1091. 100.2092 of the statutes is created to read:

SB70-AA1,480,5 100.2092 Broadband service subscriber rights. (1) Rights. (a) A broadband service provider shall repair broadband service within 72 hours after a subscriber reports a service interruption or requests the repair if the service interruption is not the result of a major system-wide or large area emergency, such as a natural disaster.

SB70-AA1,480,9 (b) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for one day of broadband service if broadband service is interrupted for more than 4 hours in one day and the interruption is caused by the broadband service provider.

SB70-AA1,480,13 (c) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for each hour that broadband service is interrupted if broadband service is interrupted for more than 4 hours in one day and the interruption is not caused by the broadband service provider.

SB70-AA1,480,16 (d) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose that a subscriber has a right to a credit for notifying the broadband service provider of a service interruption.

SB70-AA1,480,18 (e) A broadband service provider shall provide broadband service that satisfies minimum standards established by the department by rule.

SB70-AA1,480,20 (f) A broadband service provider shall give a subscriber at least 30 days' advance written notice before instituting a rate increase.

SB70-AA1,480,23 (g) A broadband service provider shall give a subscriber at least 7 days' advance written notice of any scheduled routine maintenance that causes a service slowdown, interruption, or outage.

SB70-AA1,481,3 (h) A broadband service provider shall give a subscriber at least 10 days' advance written notice of disconnecting service, unless the disconnection is requested by the subscriber.

SB70-AA1,481,6 (i) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose the factors that may cause the actual broadband speed experience to vary, including the number of users and device limitations.

SB70-AA1,481,9 (j) A broadband service provider shall provide broadband service to a subscriber as described in point-of-sale advertisements and representations made to the subscriber.

SB70-AA1,481,12 (k) A broadband service provider shall give a subscriber at least 10 days' advance written notice of a change in a factor that may cause the originally disclosed broadband speed experience to vary.

SB70-AA1,481,17 (L) A broadband service provider shall allow a subscriber to terminate a contract and receive a full refund without fees if the provider sells a service that does not satisfy the requirements established under par. (e) and the broadband service provider does not satisfy the requirements established under par. (e) within one month of written notification from the subscriber.

SB70-AA1,481,21 (2) Advertising. A broadband service provider shall disclose the factors that may cause the actual broadband speed experience of a subscriber to vary, including the number of users and device limitations, in each advertisement of the speed of the provider's service, including in all of the following types of advertisements:

SB70-AA1,481,22 (a) Television and other commercials.

SB70-AA1,481,23 (b) Internet and email advertisements.

SB70-AA1,481,24 (c) Print advertisements and bill inserts.

SB70-AA1,482,2 (d) Any other advertising method or solicitation for the sale of new or upgraded broadband service.

SB70-AA1,482,5 (3) Rules. The department may promulgate rules to implement and administer this section, including rules to align department rules with federal communications commission broadband rules.

SB70-AA1,482,9 (4) Penalty; enforcement. (a) A person who violates this section may be required to forfeit not more than $1,000 for each violation and not more than $10,000 for each occurrence. Failure to give a notice required under sub. (1) (f) to more than one subscriber shall be considered one violation.

SB70-AA1,482,11 (b) The department or a district attorney may institute civil proceedings under this section.

SB70-AA1,1092 Section 1092. 165.25 (4) (ar) of the statutes is amended to read:

SB70-AA1,482,19 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 91.68, 93.73, 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.2091, 100.2092, 100.21, 100.28, 100.37, 100.42, 100.50, 100.51, 100.55, and 846.45 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

SB70-AA1,1093 Section 1093. 196.5048 of the statutes is created to read:

SB70-AA1,482,22 196.5048 Internet service provider registration. No person may provide Internet service in this state unless the person registers with the commission.

SB70-AA1,9302 Section 9302. Initial applicability; Agriculture, Trade and Consumer Protection.

SB70-AA1,483,3 (1) Subscribers terminating broadband contracts. The treatment of s. 100.2092 (1) (L) first applies to a contract that is entered into, renewed, or modified on the effective date of this subsection.

SB70-AA1,9436 Section 9436. Effective dates; Public Service Commission.

SB70-AA1,483,6 (1) Internet service provider registration requirement. The treatment of s. 196.5048 takes effect on January 1, 2024.”.

SB70-AA1,483,7 182. Page 374, line 11: after that line insert:

SB70-AA1,483,8 “ Section 9238. Fiscal changes; Safety and Professional Services.

SB70-AA1,483,17 (1) Audit program. In the schedule under s. 20.005 (3) for the appropriation to the department of safety and professional services s. 20.165 (2) (j), the dollar amount for fiscal year 2023-24 is increased by $315,300 to increase the authorized FTE positions for the public service commission by 5.0 PR positions, to implement an audit program for certain building plan review activities and inspections oversight. 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 $408,300 to provide funding for the positions authorized under this subsection.

SB70-AA1,484,2 (2) Municipal building inspection program. In the schedule under s. 20.005 (3) for the appropriation to the department of safety and professional services s. 20.165 (2) (j), the dollar amount for fiscal year 2023-24 is increased by $70,800 to increase the authorized FTE positions for the public service commission by 1.0 PR position, to coordinate municipal building inspection programs. 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 $90,400 to provide funding for the position authorized under this subsection.”.

SB70-AA1,484,3 183. Page 374, line 11: after that line insert:

SB70-AA1,484,5 “ Section 1094. 20.165 (2) (j) of the statutes, as affected by 2017 Wisconsin Act 331, section 2, is amended to read:

SB70-AA1,484,12 20.165 (2) (j) Safety and building operations. The amounts in the schedule for the purposes of chs. 101 and 145 and ss. 167.35, 236.12 (2) (ap), 236.13 (1) (d) and (2m), and 236.335 and for the purpose of transferring the amounts in the schedule under par. (kf) to the appropriation account under par. (kf). All moneys received under ch. 145 and ss. 101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 167.35 (2) (f), and 236.12 (7) shall be credited to this appropriation account.

SB70-AA1,1095 Section 1095. 20.165 (2) (kf) of the statutes is created to read:

SB70-AA1,484,18 20.165 (2) (kf) Private on-site wastewater treatment system replacement and rehabilitation. As a continuing appropriation, the amounts in the schedule for financial assistance under the private on-site wastewater treatment system replacement and rehabilitation program under s. 145.246. All moneys transferred from par. (j) shall be credited to this appropriation account.

SB70-AA1,1096 Section 1096. 145.20 (5) (a) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

SB70-AA1,485,10 145.20 (5) (a) The department shall establish a maintenance program to be administered by governmental units responsible for the regulation of private on-site wastewater treatment systems. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies. At a minimum the maintenance program is applicable to all new or replacement private on-site wastewater treatment systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The department may apply the maintenance program by rule to private on-site wastewater treatment systems constructed in a governmental unit responsible for the regulation of private on-site wastewater treatment systems on or before the date on which the governmental unit adopts the program. The department shall determine the private on-site wastewater treatment systems to which the maintenance program applies in governmental units that do not meet the conditions for eligibility under s. 145.246 (8).

SB70-AA1,1097 Section 1097. 145.20 (5) (am) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

SB70-AA1,485,20 145.20 (5) (am) Each governmental unit responsible for the regulation of private on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2019. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2017. In order to be eligible for grant funding under s. 145.246, a governmental unit must comply with these deadlines.

SB70-AA1,1098 Section 1098. 145.246 of the statutes is created to read:

SB70-AA1,485,23 145.246 Private on-site wastewater treatment system replacement or rehabilitation. (1) Definitions. In this section:

SB70-AA1,485,24 (a) “Determination of failure" means any of the following:

SB70-AA1,486,5 1. A determination that a private on-site wastewater treatment system is failing, according to the criteria under s. 145.01 (4m), based on an inspection of the private on-site wastewater treatment system by an employee of the state or a governmental unit who is certified to inspect private on-site wastewater treatment systems by the department.

SB70-AA1,486,7 2. A written enforcement order issued under s. 145.02 (3) (f), 145.20 (2) (f), or 281.19 (2).