Before passing an energy efficiency exemption resolution a school board must enter into a performance contract under s. 66.0133, Stats. A properly executed performance contract will provide the board with the information required for the resolution. The Department provides a sample resolution and a table for districts to use to collect the required information to list each energy efficiency measure/product with related cost recovery performance indicators, estimated cost, and estimated savings and payback period. A school board may adopt a resolution to increase the revenue limit otherwise applicable to a school district under s. 121.91 (2m), Stats., in any school year by an amount spent by the school district in that school year on a project to implement energy efficiency measures or to purchase energy efficiency products. Districts may use this non-recurring exemption to the revenue limit to pay for an energy efficiency project in a single year or to repay a note, bond, or loan used to finance the project. Summary of, and comparison with, existing or proposed federal regulations: N/A
Comparison with rules in adjacent states: N/A
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. Comments must be received on or before December 2, 2015 to be included in the record of rule-making proceedings. __________________________________________________________________________________________________
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:
(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 they are necessary to improve the efficiency of the existing facility. (2)
(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. The form can be obtained by contacting the School Financial Services Team at (608) 267-9114.
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 NovemberOctober 1 in the school year in which a tax is to be levied for the expenditure. The resolution shall and include all of the following information:
(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. (c) The amount to be levied and expended in accordance with s. 121.91 (4) (o) 1. or 1m., Stats. (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) 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 (4) is amended to read:
(4) A school board that passes a resolution under sub. (3) shall submit a copy of that resolution to the department within two weeksten days of passage.
SECTION 8. 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 expenditurethe amount of utility savings per s. 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 9. PI 15.03 (8) is repealed. SECTION 10. 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 11. PI 15.04 (3) is amended to read:
