Summary of factual data and analytical methodologies: N/A
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: N/A
Anticipated costs incurred by private sector: N/A
Effect on small business:
The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats. Agency contact person: (including email and telephone)
Carl Bryan
Budget and Policy Analyst
Wisconsin Department of Public Instruction
(608) 267-9127
Place where comments are to be submitted and deadline for submission:
Comments should be submitted to Carl Bryan, Department of Public Instruction, 125 S. Webster Street, P.O. Box 7841, Madison, WI 53707-7841 or at Carl.Bryan@dpi.wi.gov. The Department will publish a hearing notice in the Administrative Register which will provide information on the deadline for the submission of comments. __________________________________________________________________________________________________
SECTION 1. PI 15.01 is amended to read:
PI 15.01 Purpose. A school board may not exceed its revenue limit under s. 121.91 (2m), Stats., except as allowed under s. 121.91 (3), (4), and (8), Stats. This chapter sets forth eligibility criteria and procedures for allowing revenue limit exemptions for energy efficiency measures, and renewable energy efficiency products as allowed under s. 121.91 (4) (o), Stats. SECTION 2. PI 15.02 (2) is amended to read:
PI 15.02(2(2) "Expenditure" or "expenditures" means the amount spent or planned to be spent by the school district in a school year on energy efficiency measures, and renewable energy efficiency products that result in the avoidance of, or reduction in, energy costs or related operational costs. “Expenditure” does not include amounts spent for the purchase of one-to-one instructional technology devices.
SECTION 3. PI 15.03 (1) and (2) (b) are amended to read:
PI 15.03(1)(1) Under s. 121.91 (4) (o), Stats., if a school board adopts a resolution to do so, the revenue limit otherwise applicable to a school district under s. 121.91 (2m), Stats., in any school year is increased by the amount spent expenditure by the school district in that school year on energy efficiency measures, and renewable energy efficiency products, that result in the avoidance of, or reduction in, energy costs. Districts may retrofit, replace or update existing equipment or improve facilities if such improvements result in the avoidance of, or reduction in, energy costs or related operational costs. Expenditures for the expansion of facilities or the addition of equipment are not allowed unless it is necessary to improve the efficiency of the existing facility. (2)
PI 15.03(2)(b)(b) Identify the performance indicators to measure the cost savings as a result of the expenditures. The cost savings must equal or exceed the expenditures. SECTION 4. PI 15.03 (2) (c) Note is created to read:
Note: To comply with these provisions, the school district may use the reporting form prescribed by the department.
SECTION 5. PI 15.03 (3) (intro.), (b), (c), and (d) are amended to read:
(3) A resolution under this section shall be passed by November 1 in the school year in which a tax is to be levied for the expenditure. The resolution shall include the following information:
PI 15.03(3)(b)(b) A statement that the school district is exercising its taxing authority under s. 121.91 (4) (o), Stats., to exceed the revenue limit on a non-recurring basis by an amount the school district will spend on new energy efficiency measures and renewable energy efficiency products for the currentapplicable school year. PI 15.03(3)(d)(d) A list of the cost recovery performance indicators that will measure the cost savings of each project’s expenditure in an amount equal to the exemption request, estimated cost, estimated savings, and including the timeline for cost recovery for each project expenditure. SECTION 6. PI 15.03 (3) (f) and (g) are created to read:
(f) The funding mechanism to be used which meets the requirements of s. 121.91(4)(o)1, Stats. (g) Identify the contract entered into that governs the project and certify compliance with the performance contracting requirements under s. 66.0133, Stats. SECTION 7. PI 15.03 (7) is amended to read:
(7) Annually, no later than two weeks following the date of the school district's budget hearing, the school board shall submit to the department the contents of the addendum to the school district's published budget summary under s. 65.90, Stats. In addition to the resolution, the addendum shall include an evaluation of the performance measures, including the energy cost savings achieved as a result of the school district's expenditure.the amount of utility savings per 121.91(4)(o)3, Stats., on a form and in the manner prescribed by the department. The school board shall also include the information in this subsection in the school district's newsletter or in the published minutes of the school board meeting. PI 15.03(8)SECTION 8. PI 15.03 (8) is repealed. SECTION 9. PI 15.04 (2m) is created to read:
(2m) The department shall reduce the school district’s exemption for energy efficiencies by the annual utility cost savings under s. 121.91(4)(o)3, Stats. SECTION 10. PI 15.04 (3) is amended to read:
PI 15.04(3)(3) The department shall post on its website the addendum contents information received under s. PI 15.03 (7). SECTION 11. PI 15.04 (4) is repealed and recreated to read:
PI 15.04(4)(4) The department shall reduce the following year's revenue limit by the amount of any additional revenue received as a result of this exemption.Any additional revenue received by a school district under this paragraph shall not be included in the base for determining the school district's limit under s. 121.91 (2m), Stats., for the succeeding school year. In addition, the limit otherwise applicable to a school district in any school year is decreased by an amount equal to the prior year amount levied for which there is not a prior year documented energy expenditure. The amount of the decrease shall not be deducted from the base for determining the school district’s limit under s. 121.91 (2m), Stats. for the following school year. SECTION 12. PI 15.04 (5) is repealed.
SECTION 13. PI 15 Appendix A is amended to read:
Be it resolved that the school district of ____________ is exercising its taxing authority under s. 121.91 (4) (o), Wis. Stats., to exceed the revenue limit on a non-recurring basis by an amount the district will spend on new energy efficiency measures and renewable energy efficiency products for the _(insert pertaining school year)_ school year and [specify number] years of debt for the term of the [specify bond, note, or state trust fund loan]. The amount to be levied and expended is $______.:
[Insert the following information indicating the amount to be expended for each school year for the project. Add lines for each year of the debt]
School Year Amount
20xx-20xx $
After review of the recommendations report per 66.0133(2)(b) the district has determined that the $____________ it would spend on energy efficiency projects recommended in the report is not likely to exceed the amount to be saved in utility costs of $______________and non-utility costs of $_____________over the remaining ______year useful life of the facility to which the measures apply.
