Great Lakes and Mississippi River erosion control revolving loan programs
The bill requires DNR to administer revolving loan programs to assist
municipalities and owners of homes located on the shore of Lake Michigan, Lake
Superior, or the Mississippi River where the structural integrity of municipal
buildings or homes is threatened by erosion of the shoreline. Under the bill, moneys
for the programs are provided from the environmental fund, the segregated fund
used to finance environmental management programs administered by DNR and
pollution abatement programs administered by DNR and DATCP. The bill requires
DNR to promulgate administrative rules to administer the programs, including
eligibility requirements and income limitations, and authorizes DNR to promulgate
emergency rules for the period before permanent rules take effect.
Dam permit and approval fees
The bill changes the fees charged for permits and approvals for large dams.
Under current law, a large dam is a dam that either has a structural height of 25 feet
or more and impounds more than 15 acre-feet of water or has a structural height of
more than six feet and impounds 50 acre-feet or more of water. Under the bill, the
fees for large dams are based on the dam's hazard classification: $1,000 for a large,
high hazard dam; $500 for a large, significant hazard dam; and $200 for a large, low
hazard dam. Current law requires DNR to classify the hazard level of each dam in
the state for purposes of inspection regulations.
Bonding for dam safety projects
Under current law, the state may contract up to $39,500,000 in public debt to
provide financial assistance to counties, cities, villages, towns, and public inland
lake protection and rehabilitation districts for dam safety projects. The bill increases
the bonding authority for these projects by $10,000,000.
Sheboygan Marsh dam funding
The bill requires DNR to award a $500,000 dam safety grant to Sheboygan
County to remove and reconstruct a dam on the Sheboygan River at the Sheboygan
Marsh.
Recreation
Free admission to state parks for fourth graders
Under current law, no person may operate a vehicle in any state park or in
certain other recreational areas on state land unless the vehicle displays a vehicle
admission receipt. The bill requires DNR to waive the fee for an annual vehicle
admission receipt issued to the parent or guardian of a pupil receiving a fourth grade
level of instruction. A parent or guardian of a qualifying pupil may apply to DNR for
the waiver by submitting required certifications. A parent or guardian may receive
the waiver only once in his or her lifetime and DNR may issue a waiver only once for
a household.
Online sales system for vehicle admission receipts and state trail passes
The bill creates a continuing appropriation from the conservation fund to DNR
for costs associated with online sales systems for vehicle admission receipts for state
parks, forests, and recreation areas and state trail passes.
Under current law, no person may operate a vehicle in any state park or in
certain other recreational areas on state land unless the vehicle displays a current
vehicle admission receipt. Vehicle admission receipts may currently be purchased
in-person, via phone, at self-registration kiosks, and online. Current law also
requires a state trail pass for certain activities on state trails. State trail passes may
currently be purchased in-person, via phone, and at self-registration kiosks, but not
online.
Campsite electrification
Under current law, DNR is authorized to establish and operate state
campgrounds in state parks, state forests, and other lands under DNR supervision
and management. For campsites located in a state park, DNR may provide and
maintain electric receptacles, subject to certain limitations. One limitation provides
that DNR may provide electric receptacles in no more than 35 percent of all state
park campsites. The bill increases the limit to 40 percent.
General natural resources
Stewardship program; amounts transferred to the capital improvement
fund
Current law authorizes the state to incur public debt for certain conservation
activities under the Warren Knowles-Gaylord Nelson Stewardship 2000 program,
which is administered by DNR. The state may incur this debt to acquire land for the
state for conservation purposes and for property development activities and may
award grants to local governments and nonprofit organizations to acquire land for
these purposes. Current law establishes the amounts that DNR may obligate in each
fiscal year through fiscal year 2025-26 for expenditure under each of five
subprograms of the stewardship program. Moneys obligated under the stewardship
program are appropriated from the capital improvement fund (CIF) and stewardship
bond proceeds are deposited into CIF.
Current law provides that, in obligating moneys under the subprogram for land
acquisition, DNR must set aside certain amounts to be obligated only for DNR to
acquire land and to provide grants to counties for land acquisition (county forest
grants). Specifically, the set-aside for DNR land acquisition each fiscal year is
$1,000,000 plus the amount transferred to CIF under an appropriation that
transfers from moneys received for forestry activities (the forestry account) to CIF
$0 in 2021-22 and $5,000,000 in 2022-23. The set-aside for county forest grants is
equal to the amount transferred to CIF under an appropriation that transfers from
the forestry account to CIF $0 in 2021-22 and $3,000,000 in 2022-23.
The bill maintains in the 2023-25 biennium the amounts in the schedule that
may be transferred to CIF under each appropriation, but provides that the total
amount transferred may not exceed the total amounts in the schedule for both
appropriations less the unobligated balance in CIF at the end of that fiscal year. The
bill also provides that the amount transferred to CIF under each appropriation must
be reduced by the unobligated balance in CIF on a pro rata basis.
Stewardship program; JCF approval
Under current law, generally, for any project or activity for which more than
$250,000 of stewardship moneys are proposed to be obligated, DNR must obtain
written approval for the project or activity from JCF. The bill increases this
threshold to $500,000. The bill also eliminates the requirement that DNR obtain
written approval for obligating stewardship moneys for any land acquisition located
north of STH 64.
The bill also eliminates a requirement under current law that DNR provide a
written directory of all stewardship land that is open for public access.
Wild rice stewardship
The bill appropriates to DNR from the general fund moneys for wild rice
stewardship efforts within the waters of areas where American Indian tribes or
bands hold treaty-based rights to harvest wild rice. The bill provides that not less
than $50,000 of the amounts appropriated for each fiscal year must be allocated for
public education and outreach pertaining to wild rice harvesting.
Terrestrial invasive species prevention
The bill creates an annual appropriation from the conservation fund to DNR for
grants to cooperative invasive species management areas for surveying, monitoring,
and controlling terrestrial invasive species.
Reversion of tribal gaming moneys
Under current law and Indian gaming compacts, Indian tribes make payments
to the state to reimburse the state for costs relating to the regulation of certain
gaming activities. A certain amount of this money is appropriated to be transferred
on an annual basis to several appropriation accounts. At the end of each fiscal year,
unobligated funds from some of the programs that receive tribal gaming revenues
revert to the appropriation account to which Indian gaming receipts are credited.
Under current law, DNR makes a payment to the Lac du Flambeau band of
Lake Superior Chippewa based on the amount of fees collected by DNR for certain
hunting and fishing approvals and the number of certain approvals issued within the
the Lac du Flambeau reservation. DNR makes this payment from an appropriation
that receives tribal gaming revenues.
The bill provides that unencumbered amounts of this appropriation revert to
the appropriation account to which Indian gaming receipts are credited.
Funding from Indian gaming receipts
Current law requires DOA to transfer portions of Indian gaming receipts to
certain DNR appropriations annually. The bill eliminates the requirement to
transfer these amounts to an appropriation that funds snowmobile law enforcement
operations and safety training and fatality reporting and eliminates that
appropriation. The bill makes no change to an appropriation funding the same
purposes from the conservation fund.
Forestry
Public forest regeneration grants
The bill requires DNR to establish a public forest regeneration grant program.
Under that program, DNR awards grants from moneys received for forestry
activities for projects involving reforestation, forest regeneration, and forest
management on public land. The bill provides that a project is eligible for a grant
if it is located on public land owned by a local government or school district or by this
state, except for land under the jurisdiction and control of DNR.
Forestry-industry-wide strategic plan
The bill requires DNR to develop a forestry-industry-wide strategic plan and
road map and to submit a final report on this plan to the Council on Forestry no later
than September 16, 2024.
County forest administration grants and county sustainable forestry
program
The bill separates the existing biennial appropriation for county sustainable
forestry grants and county forest administration grants into two separate biennial
appropriations.
Public utilities
Telecommunications
Broadband expansion grant program
The bill makes various changes to the broadband expansion grant program.
Current law requires PSC to administer the broadband expansion grant
program, under which PSC designates as “underserved” areas of the state that are
served by fewer than two broadband service providers and awards grants to eligible
applicants for the purpose of constructing broadband infrastructure in underserved
areas. The bill changes the purpose of the grant program to constructing broadband
infrastructure in unserved areas. Under current law, “unserved areas” are areas not
served by an Internet service provider (ISP) that 1) is a fixed wireless service or wired
service and 2) provides service 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. The bill adds that the service must be
available, reliable, and affordable and changes the speed standard for an unserved
area to at least actual download speeds of 100 megabits per second and upload speeds
of 20 megabits per second. The bill also allows PSC to adjust those speed standards
every two years if it determines there is good cause to do so in order to align with
changes in technology and actual market conditions, in which case it must publish
the adjusted speed thresholds on its website.
Current law requires PSC to establish criteria for evaluating applications and
awarding grants under the broadband expansion grant program and requires that
the criteria give priority to projects meeting various standards, such as including
matching funds and involving public-private partnerships. Under the bill, the
criteria must require that projects serve unserved areas. The bill specifies that the
criteria must give priority to projects with at least 40 percent matching funds and
higher priority to projects with more than 40 percent matching funds. The bill
specifies that the criteria must give priority to 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 higher priority to projects capable
of exceeding those speeds, but allows PSC to adjust these speeds every two years,
similar to the threshold speeds in the definition of “unserved area.” The bill changes
a requirement under current law that the criteria prioritize projects in a large
geographic area to projects in a geographic area that is difficult to connect. The bill
removes a requirement to prioritize projects that will not result in delaying the
provision of broadband service to areas that neighbor areas to be served by the
proposed project.
When evaluating a grant application, the bill requires PSC to consider the
affordability of the service and all federal funding for broadband facilities in the
project area of the proposed project.
The bill adds a procedure by which an ISP in or near a project area proposed
in an application for a broadband expansion grant may challenge the awarding of
that grant. An ISP may challenge the grant if that ISP currently provides available,
reliable, and affordable fixed wireless or wired broadband service to any part of the
project area at minimum download and upload speeds or if that ISP commits to
completing construction of broadband infrastructure and providing available,
reliable, and affordable broadband service to any part of the project area at minimum
download and upload speeds no later than 24 months after the date of the PSC order
awarding grants. The bill requires such a challenger to allow PSC to inspect its
broadband infrastructure to ensure it meets minimum service requirements. The
bill requires PSC to evaluate the challenge and prohibits it from funding any portion
of a project relating to the area that is the subject of the challenge if it determines
as credible the challenging ISP's commitment to provide broadband service that
meets the requirements. If PSC denies funding as a result of such a challenge and
the ISP does not fulfill its commitment, PSC is prohibited from awarding grant
funding to that ISP and the ISP is prohibited from participating in the challenge
process for the following two grant cycles.
The bill provides funding from the general fund for the broadband expansion
grant program in addition to its current funding from the universal service fund,
which consists of moneys that are required to be contributed by certain
telecommunications providers and used to promote access to telecommunications
service, among other purposes. The bill requires PSC to award in each fiscal year
no less than 10 percent of the amount in the schedule under the new appropriation
in fiscal year 2023-24 for the broadband expansion grant program (minimum
amount). However, if the balance in the appropriation is less than the minimum
amount, the bill requires PSC to award the entire remaining balance. Further, if
PSC does not receive sufficient broadband expansion grant applications that meet
the eligibility criteria to award the minimum amount or, if applicable, the remaining
balance, the bill requires PSC to award the maximum amount of broadband
expansion grants possible that fiscal year.
Municipality construction, ownership, or operation of broadband facilities
Current law prohibits, with several exceptions, a municipality from
constructing, owning, or operating a facility for providing video service,
telecommunications service, or broadband service to the public unless 1) the
municipality holds a public hearing on the proposed action, 2) notice of the public
hearing is given, and 3) the municipality prepares and makes available for public
inspection a report estimating the total costs of, and revenues derived from,
constructing, owning, or operating the facility for a period of at least three years. The
bill eliminates the requirement that a municipality prepare and make available for
public inspection that report if the facility is a broadband facility intended to serve
an area designated as unserved by PSC.
Currently, under one of the exceptions, the public hearing and cost report do not
apply to a facility for providing broadband service if 1) the municipality offers use of
the facility on a nondiscriminatory basis to persons who provide broadband service
to end users of the service, 2) the municipality itself does not use the facility to
provide broadband service to end users, and 3) the municipality determines that, at
the time of authorization, the facility does not compete with more than one provider
of broadband service. The bill eliminates the requirements under items 2 and 3 for
facilities that are intended to serve an unserved area. As a result, a municipality is
not required to hold a public hearing or prepare a report for a broadband facility
intended to serve an unserved area if the municipality offers use of the facility on a
nondiscriminatory basis to persons who provide broadband service.
Currently, under another of the exceptions, the public hearing and cost report
do not apply to a facility for providing broadband service to an area within the
boundaries of a municipality if the municipality asks, in writing, each person that
provides broadband service within the boundaries of the municipality whether the
person currently provides broadband service to the area or intends to provide
broadband service to the area within nine months and 1) the municipality does not
receive an affirmative response within 60 days, 2) the municipality determines that
a person who responded does not currently provide broadband service to the area,
and no other person makes the response to the municipality, or 3) the municipality
determines that a person who responded that the person intended to provide
broadband service to the area within nine months did not actually provide the service
within nine months and no other person makes the response to the municipality.
Under the bill, for this exception in the case of an unserved area, rather than
asking whether a person plans to provide broadband service to the area within nine
months, the municipality must ask whether the person intends or actively plans to
provide broadband service to the area within three months.
Broadband line extension grants
The bill requires PSC to make 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 maximum size of a broadband line extension grant is $4,000. The
bill also requires PSC to give priority to primary residences and to establish other
criteria for awarding the grants.
Digital equity program
The bill requires PSC to administer a digital equity program under which it
may provide outreach and assistance to promote digital equity, coordinate the
administration of federal and state digital equity funding, provide digital navigation
services, and implement digital inclusion activities. Under the bill, “digital equity”
means all individuals and communities have the information technology capacity
needed to fully participate in society. The bill allows PSC to use moneys in the
universal service fund to administer the digital equity program.
Energy
Electric utility integrated resource plans
The bill requires investor-owned and municipal electric utilities to file
integrated resource plans with PSC. An integrated resource plan must describe the
resources an electric utility could use to meet the service needs of its customers over
the next 5-year, 10-year, and 15-year periods, and must contain certain other
information, including forecasts of electricity demand under various reasonable
scenarios and plans and projected costs for meeting that electricity demand. PSC
must establish requirements for the contents and filing of the plans, and PSC must
approve, reject, or modify an electric utility's integrated resource plan consistent
with the public interest. The bill also requires PSC to review the integrated resource
plans filed by electric utilities to inform its biennial strategic energy assessment.
Under current law, the strategic energy assessment evaluates the adequacy and
reliability of the state's current and future energy supply.
Securitization of retiring power plants
Under current law, an energy utility is allowed to apply to PSC for an order
allowing the utility to finance the costs of the following activities by issuing bonds:
1) the construction, installation, or otherwise putting into place of environmental
control equipment in connection with a plant that, before March 30, 2004, has been
used to provide service to customers and 2) the retiring of any existing plant, facility,
or other property to reduce, control, or eliminate environmental pollution in
accordance with federal or state law. Current law defines these activities as
“environmental control activities.” If approved by PSC, the bonds, which are referred
to as “environmental trust bonds,” are secured by revenues arising from charges paid
by an energy utility's customers for the utility to recover the cost of the activities, as
well as the cost of financing the bonds.
The bill adds the retiring of any existing electric generating facility fueled by
nonrenewable combustible energy resources as an environmental control activity,
the costs of which may be financed by an environmental trust bond.
Residential and commercial energy improvements
The bill allows PSC to authorize a public utility to finance energy
improvements at a specific dwelling for a residential or commercial customer. Under
the bill, a public utility may recover the costs of such an energy improvement through
a surcharge periodically placed on the customer's account. The bill requires PSC to
promulgate administrative rules establishing requirements for this financing,
which must include that the surcharge is assigned to a location, not to an individual
customer; that energy improvements are eligible for financing only if they are
estimated to save an amount that exceeds the surcharge; and that the financing
offered may not increase a customer's risk or debt.
Equity-focused intervenor compensation
The bill requires PSC to reserve $50,000 annually to compensate
equity-focused participants in PSC proceedings who review economic and
environmental issues affecting low-income populations. Current law authorizes
PSC to compensate certain participants in proceedings who provide significant
contributions to the record.
Focus on Energy
Current law requires investor-owned electric and natural gas utilities to fund
statewide energy efficiency and renewable resources programs, known as Focus on
Energy, with 1.2 percent of their annual operating revenues from retail sales. The
bill increases the amount utilities must spend to 2.4 percent of their annual
operating revenues from retail sales. The bill also expands the definition of “energy
efficiency program” to include a program that deploys electric technologies to meet
energy needs currently served by other fuels in order to 1) reduce the usage of energy,
increase the efficiency of usage of energy on a fuel-neutral basis, or reduce adverse
environmental impacts, including carbon dioxide emissions and 2) reduce costs for
electric public utilities and retail electric cooperatives or their customers or
members.
Social cost of carbon
The bill requires PSC to consider the social cost of carbon in determining
whether to issue certificates required to construct large electric generating facilities
or high-voltage transmission lines or to engage in certain other public utility
projects. The bill defines “social cost of carbon” as a measure of the economic harms
and other impacts expressed in dollars that result from emitting one ton of carbon
dioxide into the atmosphere. The bill requires PSC to evaluate and set the social cost
of carbon emissions as a dollar amount per ton of carbon dioxide emitted into the
atmosphere. The bill requires PSC to evaluate and adjust as necessary that dollar
amount every two years. In making the evaluations, PSC must use integrated
assessment models and consider appropriate discount rates. The bill requires any
adjustment by PSC to be consistent with the international consensus on the social
cost of carbon. The bill requires PSC to consult with DNR in making the evaluations.
The bill also requires that, beginning no later than December 31, 2023, PSC
must submit a report every odd-numbered year to the legislature describing PSC's
evaluation of the social cost of carbon. If PSC adjusts the previously set dollar
amount, the report must specify the social cost of carbon as adjusted by PSC.
Recovery of cost of low-income assistance programs
Under current law, a public utility must charge rates that are just and
reasonable. The bill provides that it is not unreasonable or unjustly discriminatory
for a public utility to implement low-income assistance programs if approved in a
rate case in which PSC reviewed the program eligibility criteria and program credits
or rebates and if that cost is incorporated in the public utility's published schedules
or tariffs.
Penalties for gas pipeline safety violations
The bill increases the maximum penalties for persons who fail to operate and
maintain gas production, transmission, and distribution facilities in a reasonably
adequate and safe manner. Current law requires gas production, transmission, and
distribution facilities to be operated and maintained in a reasonably adequate and
safe manner and authorizes PSC to issue orders and rules to promote safety of those
facilities. Under current law, a person who violates one of these PSC orders or rules
or fails to operate and maintain gas production, transmission, and distribution
facilities in a reasonably adequate and safe manner is subject to a forfeiture of up
$25,000 per day and a total forfeiture of up to $500,000 for a single persisting
violation. Under the bill, a violator is subject to a forfeiture of up to $200,000 per day
and a total forfeiture of up to $2,000,000 for a single persisting violation.
High-voltage transmission line fees
The bill requires PSC to administer annual impact and onetime environmental
impact fees paid under current law by persons authorized by PSC to operate
high-voltage transmission lines. Under current law, DOA administers the fees.
Water and sewer
Remove size limit on grants for lead service line replacement
The bill allows water public utilities to make grants that cover the full cost of
replacing lead-containing customer-side water service lines. Under current law,
water public utilities may, after applying to and receiving approval from PSC, make
grants and loans to property owners to assist replacement of customer-side water
service lines containing lead. Current law prohibits PSC from approving a water
public utility's application to provide these grants unless grants are limited to no
more than one-half of the total cost of replacing lead-containing customer-side
water service lines.
retirement and group insurance
Benefits for domestic partners
2017 Wisconsin Act 59, the 2017-19 biennial budget act, repealed certain
benefits provided to domestic partners of public employees who receive benefits
through the Wisconsin Retirement System (WRS), the Group Insurance Board
(GIB), and the Deferred Compensation Program. The bill reestablishes those
benefits.
Specifically, Act 59 did all of the following: 1) for purposes of WRS, limited
domestic partners to only those individuals who submitted an affidavit of domestic
partnership to ETF before January 1, 2018; 2) prohibited GIB from covering an
eligible employee's domestic partner or stepchild under a domestic partnership in a
group health insurance plan offered by GIB; 3) eliminated the option for a surviving
domestic partner to purchase health insurance coverage under a group health
insurance plan offered by GIB; and 4) for deaths occurring on or after January 1,
2018, provided that a surviving domestic partner is not a default beneficiary for
purposes of a deferred compensation plan and is not eligible to receive duty disability
survivorship benefits. The bill reverses, prospectively, those changes to those
benefits.
WRS annuitants returning to work
Under current law, if a WRS annuitant, or a disability annuitant who has
attained his or her normal retirement date, is appointed to a position with a
WRS-participating employer or provides employee services to a WRS-participating
employer in which he or she is expected to work at least two-thirds of what is
considered full-time employment by ETF, the annuity must be suspended and no
annuity payment is payable until after the participant again terminates covered
employment.
