AB50: Bill Text

AB50,1187,23 195.60 (2) The office shall annually, within 90 days after the close of each fiscal year, ascertain the total of its expenditures during such year which are reasonably attributable to the performance of its duties relating to railroads and water carriers. For purposes of such calculation, 90 percent of the expenditures so determined shall be expenditures of the office and 10 percent of the expenditures so determined shall be expenditures for state government operations. The office shall deduct therefrom all amounts chargeable to railroads and water carriers under sub. (1) and s. 201.10 (3). A sum equal to the remainder plus 10 percent of the remainder shall be assessed by the office to the several railroads and water carriers in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. Such assessment shall be paid within 30 days after the bill has been mailed to the several railroads and water carriers, which bill shall constitute notice of assessment and demand of payment thereof. The total amount which may be assessed to the railroads and water carriers under authority of this subsection shall not exceed 1.85 percent of the total gross operating revenues of such railroads and water carriers, during such calendar year, derived from intrastate operations. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (2) (g) 20.395 (7) (ag). The railroads and water carriers shall furnish such financial information as the office requires for purposes of this section.

AB50,2325 Section 2325. 196.025 (8) of the statutes is created to read:

AB50,1188,3 196.025 (8) Nuclear energy feasibility study. The commission shall conduct a nuclear power plant feasibility study, and may contract with a 3rd party to conduct all or part of the study.

AB50,2326 Section 2326. 196.027 (1) (d) 3. of the statutes is created to read:

AB50,1188,6 196.027 (1) (d) 3. The retiring of any existing electric generating facility fueled by nonrenewable combustible energy resources.

AB50,2327 Section 2327. 196.027 (1) (f) of the statutes is amended to read:

AB50,1188,16 196.027 (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.

AB50,2328 Section 2328. 196.372 (3) (e) 2. (intro.) and b. of the statutes are consolidated, renumbered 196.372 (3) (e) 2. and amended to read:

AB50,1188,22 196.372 (3) (e) 2. The commission may not approve an application under subd. 1. unless the application satisfies all of the following conditions: b. Any states that any loan provided may not be forgiven by the water public utility or the municipality.

AB50,2329 Section 2329. 196.372 (3) (e) 2. a. of the statutes is repealed.

AB50,2330 Section 2330. 196.374 (1) (d) of the statutes is amended to read:

AB50,1189,7 196.374 (1) (d) “Energy efficiency program” means a program for reducing the usage or, reducing the demand, or increasing the efficiency of the usage of energy by a customer or member of an energy utility, municipal utility, or retail electric cooperative, including programs that promote the development or use of energy storage systems by residential customers. “Energy efficiency program” does not include load management.

AB50,2331 Section 2331. 196.374 (1) (dm) of the statutes is created to read:

AB50,1189,11 196.374 (1) (dm) “Energy storage system” means a commercially available technology that uses mechanical, chemical, or thermal processes for absorbing energy and storing it for a period of time for use at a later time.

AB50,2332 Section 2332. 196.374 (3) (b) 2. of the statutes is amended to read:

AB50,1189,18 196.374 (3) (b) 2. The commission shall require each energy utility to spend 1.2 2.4 percent of its annual operating revenues derived from retail sales to fund the utility’s programs under sub. (2) (b) 1., the utility’s ordered programs, the utility’s share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility’s share, as determined by the commission under subd. 4., of the costs incurred by the commission in administering this section.

AB50,2333 Section 2333. 196.376 of the statutes is created to read:

AB50,1190,2 196.376 Residential and commercial energy improvements. The commission may authorize a public utility to finance energy improvements at a specific residential or commercial location and recover the cost of those improvements over time through a surcharge periodically placed on the public utility customer’s account for that location. The commission shall promulgate rules to establish the requirements for the utility financing programs authorized under this section. Those requirements shall include at least all of the following:

AB50,1190,4 (1) The surcharge shall be assigned to a location, not to an individual customer.

AB50,1190,6 (2) Energy improvements are eligible for financing only if the improvements are estimated to save an amount that exceeds the surcharge.

AB50,1190,8 (3) The financing offered to a customer under this section may not increase the customer’s risk or debt.

AB50,2334 Section 2334. 196.379 of the statutes is created to read:

AB50,1190,12 196.379 Energy innovation grant program. The office of energy innovation in the commission shall administer the energy innovation grant program.

AB50,2335 Section 2335. 196.491 (2) (title) of the statutes is amended to read:

AB50,1190,15 196.491 (2) (title) Strategic energy assessment and integrated resource plans.

AB50,2336 Section 2336. 196.491 (2) (a) 3s. of the statutes is created to read:

AB50,1190,18 196.491 (2) (a) 3s. Review the integrated resource plans submitted by electric utilities under par. (h) to help inform the strategic energy assessment.

AB50,2337 Section 2337. 196.491 (2) (h) of the statutes is created to read:

AB50,1191,12 196.491 (2) (h) 1. Each electric utility shall prepare and file an integrated resource plan with the commission. The commission shall by order establish integrated resource plan content and filing requirements, including filing deadlines. An integrated resource plan shall include a set of resource options that an electric utility could use to meet the service needs of its customers over the next 5-year, 10-year, and 15-year periods, including an explanation of the supply-and- demand circumstances under which, and the extent to which, each resource option would be used to meet those service needs. Resource options that could be used to meet service needs include using, refurbishing, and constructing electric generating plants and equipment; buying electricity generated by other entities; controlling customer loads; and implementing customer energy conservation. The commission shall approve, reject, or modify an electric utility’s integrated resource plan consistent with the public interest. The commission’s acceptance of an integrated resource plan under this paragraph does not constitute issuance of a certificate under s. 196.49 or issuance of a certificate of public convenience and necessity under sub. (3).

AB50,1191,14 2. An integrated resource plan under this paragraph shall include all of the following:

AB50,1191,16 a. A long-term forecast of the electric utility’s sales and peak demand under various reasonable scenarios.

AB50,1191,19 b. Details regarding the amount of peak demand reduction the electric utility expects to achieve and the electric utility’s proposals for achieving the reduction in peak demand, including through load management and demand response.

AB50,1191,23 c. If the plan identifies constructing a generation facility as a resource option, the type of generation technology proposed for the generation facility, the proposed capacity of the generation facility, and the projected fuel costs for the proposed generation facility under various reasonable scenarios.

AB50,1192,5 d. Projected electricity purchased or produced by the electric utility that is generated from a renewable energy resource. If the electric utility projects the total level of electricity purchased or produced from a renewable energy resource to decrease over the periods described in subd. 1. a., the electric utility shall explain why the decrease is in the best interests of ratepayers.

AB50,1192,9 e. Details regarding the impacts of energy efficiency programs on the electric utility’s electricity sales and peak demand under various reasonable scenarios, including the total amount of customer energy savings and the associated costs of the energy efficiency programs.

AB50,1192,11 f. Projected energy and capacity purchased or produced by the electric utility from a cogeneration resource.

AB50,1192,13 g. An analysis of potential new or upgraded electricity transmission options for the electric utility.

AB50,1192,16 h. Data regarding the electric utility’s current generation portfolio, including the age, capacity factor, licensing status, and estimated remaining operating time for each electric generating facility in the portfolio.

AB50,1192,20 i. Plans for meeting current and future capacity needs, including cost estimates for any power purchase agreement, any proposed construction or major investment, and any transmission or distribution infrastructure necessary to support proposed construction or major investments.

AB50,1192,23 j. An analysis of the cost, capacity factor, and viability of all reasonable options available to meet projected energy and capacity needs, including existing electric generating facilities in this state.

AB50,1193,1 k. Projected total costs for each scenario reviewed under this subdivision.

AB50,1193,4 L. If applicable, projected long-term natural gas transportation contracts or natural gas storage that the electric utility will hold to provide an adequate supply of natural gas to new electric generating facilities.

AB50,1193,5 m. Any other information required by the commission by order.

AB50,1193,6 3. This paragraph does not apply to cooperative associations.

AB50,2338 Section 2338. 196.491 (3) (g) of the statutes is amended to read:

AB50,1193,17 196.491 (3) (g) The commission shall take final action on an application filed under par. (a) 1. within 180 days after the application is determined or considered to be complete under par. (a) 2. If the commission fails to take final action within the 180-day period, the commission is considered to have issued a certificate of public convenience and necessity with respect to the application, unless the chairperson of the commission extends the time period for no more than an 2 additional 180 days 180-day extensions for good cause. If the commission fails to take final action within the extended period, the commission is considered to have issued a certificate of public convenience and necessity with respect to the application.

AB50,2339 Section 2339. 196.504 (2) (a) of the statutes is amended to read:

AB50,1193,23 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in unserved areas designated under par. (e). Grants awarded under this section shall be paid from the appropriations under ss. 20.155 (3) (a), (r), and (rm) and 20.866 (2) (z), in the amount allocated under s. 20.866 (2) (z) 5.

AB50,2340 Section 2340. 196.5048 of the statutes is created to read:

AB50,1194,2 196.5048 Internet service provider registration. No person may provide Internet service in this state unless the person registers with the commission.

AB50,2341 Section 2341. 196.94 of the statutes is created to read:

AB50,1194,5 196.94 Brownfield renewable energy generation grants. (1) Definitions. In this section:

AB50,1194,6 (a) “Brownfields” has the meaning given in s. 238.13 (1) (a).

AB50,1194,7 (b) “Electric provider” means any of the following:

AB50,1194,9 1. A public utility that generates, transmits, or distributes electric energy at wholesale or retail.

AB50,1194,12 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.

AB50,1194,13 (c) “Renewable energy” has the meaning given in s. 196.378 (1) (fg).

AB50,1194,16 (2) Grant program. (a) From the appropriation under s. 20.155 (3) (b), the commission shall make grants to developers and electric providers for redeveloping brownfields for renewable energy generation.

AB50,1194,18 (b) A grant under this section may be used only for remediating brownfields, developing renewable energy infrastructure on brownfields, and technical support.

AB50,2342 Section 2342. 198.06 (5) (a) of the statutes is amended to read:

AB50,1194,24 198.06 (5) (a) The board of canvassers shall cause a certified copy of the order declaring the result of the election to be filed in the office of the secretary of state administration. A certified copy of the order shall also be filed with the clerk of each municipality included in the district, with the county clerk, and with the commission.

AB50,2343 Section 2343. 198.06 (5) (b) of the statutes is amended to read:

AB50,1195,11 198.06 (5) (b) If the district as finally constituted comprises a smaller area than originally proposed because of the failure of one or more municipalities to approve the district at the election, the commission shall, within 10 days following the filing of the order under par. (a) with the commission, file its approval or disapproval of the district as created by the election with the secretary of state administration, the clerk of each municipality included in the district and the county clerk. If the commission approves, upon the filing of the approval the creation and incorporation of the district shall be considered complete. If the commission disapproves, the district shall be considered dissolved. Except as provided in par. (c), the approval or disapproval of the commission shall be final.

AB50,2344 Section 2344. 198.06 (5) (d) of the statutes is amended to read:

AB50,1195,16 198.06 (5) (d) If a district has been approved by all of the municipalities within the district as proposed, the creation and incorporation of the district shall be considered complete upon the filing of the result of the election with the secretary of state administration by the board of canvassers.

AB50,2345 Section 2345. 198.06 (7) of the statutes is amended to read:

AB50,1196,2 198.06 (7) Informalities disregarded, limitation of action to test validity of district. No informality in any proceeding or in the conduct of the election, not substantially affecting adversely the legal rights of any citizen, shall be held to invalidate the creation of any district, and any proceedings wherein the validity of the creation is denied shall be commenced within 3 months from the date of filing the order of the board of canvassers with the secretary of state administration, otherwise the creation and the legal existence of the district shall be held to be valid and in every respect legal and incontestable.

AB50,2346 Section 2346. 198.08 (3) of the statutes is amended to read:

AB50,1196,11 198.08 (3) Appointment, vote by municipal executive officers. In the selection of a director for a subdistrict each chief executive shall have one vote for each 1,000 voters within that chief executive’s municipality, or the part of the municipality that is located in the subdistrict. A three-fourths vote shall be necessary for the selection of a director. The result of the selection of the director shall be certified to by the chairperson and clerk of the meeting and immediately filed with the secretary of state administration and the clerk of each municipality in the district.

AB50,2347 Section 2347. 198.20 (2) of the statutes is amended to read:

AB50,1196,20 198.20 (2) The election, and all matters pertaining to the election not otherwise provided for in this section, shall be held and conducted and the result ascertained and declared in accordance with s. 198.06 (3) and (4). The ordinance and the result of the referendum shall be certified to the secretary of state administration. After certification, the consolidation shall be considered complete. Consolidation shall not affect the preexisting rights or liabilities of any power districts and actions on those rights and liabilities may be commenced or completed as though no consolidation had been effected.

AB50,2348 Section 2348. 198.22 (7) of the statutes is amended to read:

AB50,1197,7 198.22 (7) Boundaries. Immediately upon the organization of the board of directors the clerk shall cause to be recorded in the office of the register of deeds of each county in which any part of said district is located, and shall file with the secretary of state administration, the department of natural resources, the governor and the clerk of each town, city or village, wholly or partly within the district, a certified copy of the boundaries of the district as set forth in the notice of election pursuant to sub. (3) or as thereafter amended. Thereafter, in any proceeding wherein the boundaries of the district are concerned, it shall be sufficient in describing said boundaries to refer to such record of such description.

AB50,2349 Section 2349. 200.25 (5) of the statutes is amended to read:

AB50,1197,12 200.25 (5) Oath of office. Before assuming the duties of the office, each commissioner shall take and subscribe the oath of office required under s. 19.01 and file the oath with the secretary of state administration, duly certified by the official administering the oath.

AB50,2350 Section 2350. 224.28 of the statutes is created to read:

AB50,1197,14 224.28 Catastrophe savings accounts. (1) In this section:

AB50,1197,15 (a) “Account” has the meaning given in s. 705.01 (1).

AB50,1197,16 (b) “Catastrophic event” means any of the following:

AB50,1197,17 1. A tornado.

AB50,1197,18 2. A hurricane.

AB50,1197,20 3. A severe storm that results in flooding, damaging hail, extreme wind, or extremely cold temperatures.

AB50,1197,21 (c) “Financial institution” has the meaning given in s. 705.01 (3).

AB50,1197,23 (d) “Policy” means an insurance policy that includes coverage for loss or damage to property resulting from a catastrophic event.

AB50,1197,24 (e) “Record” has the meaning given in s. 137.11 (12).

AB50,1198,2 (2) A person may designate an account established by the person at a financial institution as a catastrophe savings account if all of the following apply:

AB50,1198,6 (a) The account is identified in the financial institution’s records as a catastrophe savings account or the person, at the time the account is established, creates a record that the account is a catastrophe savings account and then retains this record.

AB50,1198,9 (b) The account is established solely to hold savings to be used for the purposes under sub. (3) and no deposits are made in the account other than deposits intended to be used for the purposes under sub. (3).

AB50,1198,11 (3) Deposits in a catastrophe savings account may be withdrawn from the account only for any of the following purposes: