Amendment SSA1-AB68

AB68-SSA1,1124,8 4. A reference to this section.

AB68-SSA1,1124,11 5. A statement explaining that the electric provider may record a memorandum stating that the electric provider may use the easement for a purpose under sub. (2) (a).

AB68-SSA1,1124,14 6. A notice that the owner of the property subject to the easement may not bring an action against the electric provider for using an easement for a purpose under sub. (2) (a) after one year after the date of receiving the notice.

AB68-SSA1,1124,18 (4) Beginning 30 days after providing notice under sub. (3), an electric provider may record a memorandum in the office of the register of deeds of a county in which property subject to an easement used for a purpose under sub. (2) (a) is located. The electric provider shall include all of the following in the memorandum:

AB68-SSA1,1124,19 (a) One of the following:

AB68-SSA1,1124,20 1. If the easement is recorded, recording information for the easement.

AB68-SSA1,1124,22 2. If the easement is unrecorded or a prescriptive easement under s. 893.28 (2), the legal description of the parcel subject to the easement.

AB68-SSA1,1124,23 (b) A reference to this section.

AB68-SSA1,1124,25 (c) A statement that the electric provider may use the easement for a purpose under sub. (2) (a).

AB68-SSA1,1125,3 (d) A statement that terms or conditions of the easement that inhibit the electric provider from using the easement for a purpose under sub. (2) (a) do not apply.

AB68-SSA1,1125,6 (5) (a) In this subsection, “owner” means an owner of or other person holding an interest in real property subject to an easement used for a purpose under sub. (2) (a).

AB68-SSA1,1125,12 (b) 1. If an owner provides an electric provider, a subsidiary of an electric provider, or a supplier of broadband services with an appraisal performed by an appraiser licensed under ch. 458 comparing the fair market value of the owner's real property interest immediately before and after an easement on the property is used for a purpose under sub. (2) (a), the electric provider, subsidiary, or supplier of broadband services shall do one of the following within 30 days:

AB68-SSA1,1125,14 a. Pay the owner the amount of damages identified in the appraisal provided by the owner.

AB68-SSA1,1125,22 b. Notify the owner that it disputes the appraisal. If an electric provider, subsidiary, or supplier of broadband services disputes the appraisal provided by the owner under this subd. 1. b., the electric provider, subsidiary, or supplier of broadband services shall within 90 days provide the owner with an appraisal performed by an appraiser licensed under ch. 458 comparing the fair market value of the owner's real property interest immediately before and after an easement on the property is used for a purpose under sub. (2) (a). The owner shall make reasonable accommodations for performance of the appraisal under this subd. 1. b.

AB68-SSA1,1126,4 2. If an owner who receives an appraisal under subd. 1. b. from an electric provider, subsidiary, or supplier of broadband services provides to the electric provider, subsidiary, or supplier of broadband services written notice accepting the appraisal or does not bring an action under par. (d) within 30 days of receiving the appraisal, the electric provider, subsidiary, or supplier of broadband services shall promptly remit payment to the owner for the difference in the fair market value of the owner's real property interest identified in the appraisal.

AB68-SSA1,1126,8 (c) An owner may not bring an action against an electric provider, a subsidiary of an electric provider, or a supplier of broadband services for damages from a decrease in the value of the owner's interest in real property due to the use of an easement for a purpose under sub. (2) (a) except as provided under this subsection.

AB68-SSA1,1126,13 (d) An owner may bring an action under this subsection against an electric provider, a subsidiary of an electric provider, or a supplier of broadband services for damages from a decrease in the value of the owner's interest in real property due to the use of an easement for a purpose under sub. (2) (a) only if all of the following apply:

AB68-SSA1,1126,18 1. The owner provides an appraisal under par. (b) 1. to the electric provider, subsidiary, or supplier of broadband services within one year after the date that the owner receives notice under sub. (3) or, if the owner receives no notice under sub. (3), within one year after the date that a memorandum referring to an easement that applies to the property is recorded under sub. (4).

AB68-SSA1,1126,21 2. The owner brings the action within 30 days after receiving an appraisal from the electric provider, subsidiary, or supplier of broadband services under par. (b) 1. b.

AB68-SSA1,1127,4 (e) The maximum recovery under this subsection may not exceed the difference between the fair market value of the owner's real property interest immediately before an easement on the property is used for a purpose under sub. (2) (a) and the fair market value of the owner's real property interest immediately after an easement on the property is used for a purpose under sub. (2) (a). Evidence of revenues, profits, or fees received by an electric provider, a subsidiary of an electric provider, or a supplier of broadband services shall not be admissible as evidence in any proceeding or action under this subsection.

AB68-SSA1,2441 Section 2441 . 185.983 (1) (intro.) of the statutes is amended to read:

AB68-SSA1,1127,13 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (2) to (6), 632.871, 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB68-SSA1,2442 Section 2442 . 185.983 (1) (intro.) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 2441 , is amended to read:

AB68-SSA1,1127,23 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.728, 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (2) to (6), 632.871, 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB68-SSA1,2443 Section 2443 . 194.025 of the statutes is amended to read:

AB68-SSA1,1128,4 194.025 Discrimination prohibited. No motor carrier may engage in any practice, act or omission which results in discrimination on the basis of race, creed, sex or, national origin, or status as a holder or nonholder of a license under s. 343.03 (3r).

AB68-SSA1,2444 Section 2444. 196.01 (5) (b) 8. of the statutes is created to read:

AB68-SSA1,1128,8 196.01 (5) (b) 8. A person who supplies electricity through the person's electric vehicle charging station to users' electric vehicles, if the person does not otherwise directly or indirectly provide electricity to the public.

AB68-SSA1,2445 Section 2445. 196.025 (1h) of the statutes is created to read:

AB68-SSA1,1128,12 196.025 (1h) Social cost of carbon emissions. (a) In this subsection, “social cost of carbon” means a measure of the economic harms and other impacts expressed in dollars that result from emitting one ton of carbon dioxide into the atmosphere.

AB68-SSA1,1128,22 (b) In consultation with the department of natural resources, the commission shall evaluate and set the social cost of carbon and shall evaluate and adjust as necessary that dollar amount every 2 years. The evaluations shall use integrated assessment models and consider appropriate discount rates. Any adjustment shall be consistent with the international consensus on the social cost of carbon. No later than December 31, 2021, and no later than December 31 every odd-numbered year thereafter, the commission shall submit to the appropriate standing committees of the legislature under s. 13.172 (3) a report that describes the commission's evaluation and, if the commission adjusts the previously set dollar amount, specifies the social cost of carbon as adjusted by the commission.

AB68-SSA1,1128,24 (d) The commission shall consider the social cost of carbon in determining whether to issue certificates under ss. 196.49 and 196.491 (3).

AB68-SSA1,2446 Section 2446. 196.025 (8) of the statutes is created to read:

AB68-SSA1,1129,7 196.025 (8) Model ordinance for repaying local governments for certain improvements. The commission shall develop and make available a model ordinance that addresses political subdivisions, as defined in s. 66.0627 (1) (b), making loans or entering into agreements for making or installing energy efficiency improvements, as defined in s. 66.0627 (1) (am), water efficiency improvements, as defined in s. 66.0627 (1) (d), or renewable resource applications to premises under s. 66.0627 (8).

AB68-SSA1,2447 Section 2447. 196.027 (1) (d) 3. of the statutes is created to read:

AB68-SSA1,1129,10 196.027 (1) (d) 3. The retiring of any existing electric generating facility fueled by nonrenewable combustible energy resources.

AB68-SSA1,2448 Section 2448. 196.027 (1) (f) of the statutes is amended to read:

AB68-SSA1,1129,20 196.027 (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.

AB68-SSA1,2449 Section 2449. 196.218 (5) (a) 5. of the statutes is amended to read:

AB68-SSA1,1130,2 196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.971 (13) to (16) to the extent that these costs are not paid under s. 16.997 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under s. 16.997 (2r) (a).

AB68-SSA1,2450 Section 2450. 196.218 (5) (a) 10. of the statutes is amended to read:

AB68-SSA1,1130,5 196.218 (5) (a) 10. To make broadband expansion grants and administer the program under s. 196.504 (2).

AB68-SSA1,2451 Section 2451. 196.31 (2r) of the statutes is created to read:

AB68-SSA1,1130,9 196.31 (2r) From the appropriation under s. 20.155 (1) (j), the commission shall reserve $50,000 annually to compensate equity-focused participants who review economic and environmental issues impacting low-income populations.

AB68-SSA1,2452 Section 2452. 196.374 (1) (gm) of the statutes is created to read:

AB68-SSA1,1130,12 196.374 (1) (gm) “Low-income household” has the meaning given in s. 16.957 (1) (m).

AB68-SSA1,2453 Section 2453. 196.374 (2) (a) 1. of the statutes is amended to read:

AB68-SSA1,1130,21 196.374 (2) (a) 1. The energy utilities in this state shall collectively establish and fund statewide energy efficiency and renewable resource programs , including programs for low-income households. The energy utilities shall contract, on the basis of competitive bids, with one or more persons to develop and administer the programs. The utilities may not execute a contract under this subdivision unless the commission has approved the contract. The commission shall require each energy utility to spend the amount required under sub. (3) (b) 2. to fund statewide energy efficiency and renewable resource programs.

AB68-SSA1,2454 Section 2454. 196.374 (2) (a) 2. f. of the statutes is created to read:

AB68-SSA1,1131,2 196.374 (2) (a) 2. f. Components to promote energy efficiency and renewable energy measures for low-income households in this state and initiatives and market strategies to address the energy needs and decrease the energy burden of low-income households.

AB68-SSA1,2455 Section 2455. 196.374 (2) (a) 2m. of the statutes is created to read:

AB68-SSA1,1131,8 196.374 (2) (a) 2m. The programs under this paragraph may include activities advertising the availability of loans under s. 66.0627 (8) for making or installing energy efficiency improvements, as defined in s. 66.0627 (1) (am), water efficiency improvements, as defined in s. 66.0627 (1) (d), or renewable resource applications to premises.

AB68-SSA1,2456 Section 2456. 196.374 (3) (b) 1. of the statutes is amended to read:

AB68-SSA1,1131,19 196.374 (3) (b) 1. At least every 4 years, after notice and opportunity to be heard, the commission shall, by order, evaluate the energy efficiency and renewable resource programs under sub. (2) (a) 1., (b) 1. and 2., and (c) and ordered programs and set or revise goals, priorities, and measurable targets for the programs. The commission shall give priority to programs that moderate the growth in electric and natural gas demand and usage, facilitate markets and assist market providers to achieve higher levels of energy efficiency, promote energy reliability and adequacy, promote energy efficiency and renewable energy measures for low-income households, avoid adverse environmental impacts from the use of energy, and promote rural economic development.

AB68-SSA1,2457 Section 2457. 196.374 (3) (b) 2. of the statutes is amended to read:

AB68-SSA1,1132,2 196.374 (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.

AB68-SSA1,2458 Section 2458. 196.374 (3) (f) 5. of the statutes is created to read:

AB68-SSA1,1132,6 196.374 (3) (f) 5. Minimum requirements for energy efficiency and renewable resource programs under sub. (2) (a) 1. for low-income households and eligibility requirements for programs for low-income households.

AB68-SSA1,2459 Section 2459. 196.376 of the statutes is created to read:

AB68-SSA1,1132,13 196.376 Residential energy improvement program. The commission may establish and implement a program under which a public utility may finance energy improvements at a specific dwelling and recover the cost of those improvements over time through a surcharge periodically placed on the public utility's customer account for that dwelling. If the commission establishes such a program, it shall promulgate rules to implement the program.

AB68-SSA1,2460 Section 2460. 196.379 of the statutes is created to read:

AB68-SSA1,1132,16 196.379 Voluntary innovative technology programs. (1) In this section, “energy utility” has the meaning given in s. 196.374 (1) (e).

AB68-SSA1,1132,20 (2) (a) An energy utility may, with commission approval, administer or fund a voluntary innovative technology program. An energy utility may pay for a program under this subsection through rate charges to customers of the energy utility, as approved by the commission, or by another method approved by the commission.

AB68-SSA1,1132,22 (b) The commission shall promulgate rules related to implementing a program under this subsection.

AB68-SSA1,1133,2 (c) Upon approving a program under this subsection, the commission shall establish an initial pilot period for the program and a timeline for reevaluating the program. The commission shall reevaluate a program under this subsection according to the timeline established under this paragraph and shall set or revise goals, priorities, and measurable targets for the program.

AB68-SSA1,1133,4 (d) The commission may not order an energy utility to administer or fund a program under this subsection.

AB68-SSA1,1133,7 (e) An energy utility that administers or funds a program under this subsection may request at any time, and the commission may approve an energy utility's request, to modify or discontinue, in whole or in part, the program.

AB68-SSA1,2461 Section 2461 . 196.491 (3g) (a) of the statutes is amended to read:

AB68-SSA1,1133,16 196.491 (3g) (a) A person who receives a certificate of public convenience and necessity for a high-voltage transmission line that is designed for operation at a nominal voltage of 345 kilovolts or more under sub. (3) shall pay the department of administration commission an annual impact fee as specified in the rules promulgated by the department of administration commission under s. 16.969 196.492 (2) (a) and shall pay the department of administration commission a one-time environmental impact fee as specified in the rules promulgated by the department of administration commission under s. 16.969 196.492 (2) (b).

AB68-SSA1,2462 Section 2462. 196.504 (1) (ac) 4. of the statutes is created to read:

AB68-SSA1,1133,19 196.504 (1) (ac) 4. A political subdivision that is underserved or that is located in an unserved area.

AB68-SSA1,2463 Section 2463. 196.504 (2) (a) of the statutes is amended to read:

AB68-SSA1,1133,25 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d). Grants awarded under this section subsection shall be paid from the appropriations under s. ss. 20.155 (3) (a), (r), and (rm) and 20.866 (2) (z), in the amount allocated under s. 20.866 (2) (z) 5.

AB68-SSA1,2464 Section 2464. 196.504 (2) (b) of the statutes is amended to read:

AB68-SSA1,1134,6 196.504 (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.

AB68-SSA1,2465 Section 2465. 196.504 (2) (c) of the statutes is amended to read:

AB68-SSA1,1134,24 196.504 (2) (c) To establish criteria for evaluating applications and awarding grants under this section subsection. The criteria shall prohibit grants that have the effect of subsidizing the expenses of a provider of telecommunications service, as defined in s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria shall give priority to projects that include matching funds, that involve public-private partnerships, that affect unserved areas, that are scalable, that promote economic development, that will not result in delaying the provision of broadband service to areas neighboring areas to be served by the proposed project, or that affect a large geographic area or a large number of underserved individuals or communities. When evaluating grant applications under this section subsection, the commission shall consider the degree to which the proposed projects would duplicate existing broadband infrastructure, information about the presence of which is provided to the commission by the applicant or another person within a time period designated by the commission; the impacts of the proposed projects on the ability of individuals to access health care services from home and the cost of those services; and the impacts of the proposed projects on the ability of students to access educational opportunities from home.

AB68-SSA1,2466 Section 2466. 196.504 (2g) of the statutes is created to read:

AB68-SSA1,1135,2 196.504 (2g) The commission shall administer the broadband connector program and shall have the following powers:

AB68-SSA1,1135,10 (a) To make broadband planning grants to political subdivisions, school districts, tribal governments, regional planning commissions, nonprofit organizations, and local economic development organizations for broadband planning, feasibility engineering related to broadband infrastructure construction, broadband adoption planning, and digital inclusion activities. The amount of a broadband planning grant under this subsection may not exceed $50,000. Grants awarded under this subsection shall be paid from the appropriations under s. 20.155 (1) (c).

AB68-SSA1,1135,12 (b) To provide training, technical assistance, and information on broadband infrastructure construction, broadband adoption, and digital inclusion.

AB68-SSA1,2467 Section 2467. 196.504 (2r) of the statutes is created to read:

AB68-SSA1,1135,15 196.504 (2r) The commission shall administer the line extension assistance program and shall have the following powers:

AB68-SSA1,1135,21 (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 appropriations under s. 20.155 (1) (c).

AB68-SSA1,1135,24 (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.

AB68-SSA1,2468 Section 2468. 196.504 (3) (d) of the statutes is created to read:

AB68-SSA1,1136,5 196.504 (3) (d) 1. Require each Internet service provider to disclose to the commission by April 1 of each year the properties it serves, the average minimum download and upload speeds at which it provides residential and business Internet service to those properties, and a description of its existing service area in a format determined by the commission.

AB68-SSA1,1136,8 2. Use the information disclosed under subd. 1. to conduct broadband mapping and facilitate the deployment of broadband infrastructure and access to broadband service.

AB68-SSA1,1136,13 3. Notwithstanding s. 19.35, the commission shall withhold from public inspection any information disclosed to the commission under subd. 1. that would aid a competitor of an Internet service provider in competing with the Internet service provider if the commission determines that public disclosure is not necessary to accomplish the purposes under subd. 2.