AB43: Bill Text

AB43,,6567 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.

AB43,2418 Section 2418. 196.376 of the statutes is created to read:

AB43,,6569 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:

AB43,,6570 (1) The surcharge shall be assigned to a location, not to an individual customer.

AB43,,6571 (2) Energy improvements are eligible for financing only if the improvements are estimated to save an amount that exceeds the surcharge.

AB43,,6572 (3) The financing offered to a customer under this section may not increase the customer’s risk or debt.

AB43,2419 Section 2419. 196.491 (2) (title) of the statutes is amended to read:

AB43,,6574 196.491 (2) (title) Strategic energy assessment and integrated resource plans.

AB43,2420 Section 2420. 196.491 (2) (a) 3s. of the statutes is created to read:

AB43,,6576 196.491 (2) (a) 3s. Review the integrated resource plans submitted by electric utilities under par. (h) to help inform the strategic energy assessment.

AB43,2421 Section 2421. 196.491 (2) (h) of the statutes is created to read:

AB43,,6578 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-years, 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 s. 196.491 (3).

AB43,,6579 2. An integrated resource plan under this paragraph shall include all of the following:

AB43,,6580 a. A long-term forecast of the electric utility’s sales and peak demand under various reasonable scenarios.

AB43,,6581 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.

AB43,,6582 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.

AB43,,6583 d. Projected electricity purchased or produced by the electric utility that is generated from a renewable energy resource. If the electricity 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.

AB43,,6584 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.

AB43,,6585 f. Projected energy and capacity purchased or produced by the electric utility from a cogeneration resource.

AB43,,6586 g. An analysis of potential new or upgraded electricity transmission options for the electric utility.

AB43,,6587 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.

AB43,,6588 i. Plans for meeting current and future capacity needs, including cost estimates for any power purchase agreements, any proposed construction or major investments, and any transmission or distribution infrastructure necessary to support proposed construction or major investments.

AB43,,6589 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.

AB43,,6590 k. Projected total costs for each scenario reviewed.

AB43,,6591 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.

AB43,,6592 m. Any other information required by the commission by order.

AB43,,6593 3. This paragraph does not apply to cooperative associations.

AB43,2422 Section 2422. 196.491 (3g) (a) of the statutes is amended to read:

AB43,,6595 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).

AB43,2423 Section 2423. 196.504 (1) (b) of the statutes is repealed.

AB43,2424 Section 2424. 196.504 (1) (c) 2. of the statutes is amended to read:

AB43,,6598 196.504 (1) (c) 2. Provided 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 in its inquiries regarding advanced telecommunications capability under 47 USC 1302 (b) download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater. Beginning on July 1 of the 2nd calendar year beginning after the effective date of this subdivision .... [LRB inserts date], and on July 1 of each successive odd-numbered year thereafter, the commission may adjust the threshold speeds designated in this subdivision if, upon review, it determines there is good cause to do so in order to align with changes in technology and actual market conditions. If the commission adjusts these threshold speeds, it shall publicize the adjusted speed thresholds on its website.

AB43,2425 Section 2425. 196.504 (1) (c) 3. of the statutes is created to read:

AB43,,6600 196.504 (1) (c) 3. Available, reliable, and affordable.

AB43,2426 Section 2426. 196.504 (2) (a) of the statutes, as affected by 2021 Wisconsin Act 58, is amended to read:

AB43,,6602 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved unserved areas designated under par. (d) (e). Grants awarded under this section subsection shall be paid from the appropriations under ss. 20.155 (3) (c), (r), and (rm) and 20.866 (2) (z), in the amount allocated under s. 20.866 (2) (z) 5.

****Note: This is reconciled s. 196.504 (2) (a). This Section has been affected by drafts with the following LRB numbers: -1758/P5, -1361/P4, and -1169/P3.

AB43,2427 Section 2427. 196.504 (2) (b) of the statutes is amended to read:

AB43,,6604 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.

AB43,2428 Section 2428. 196.504 (2) (c) of the statutes is renumbered 196.504 (2) (c) 1. (intro.) and amended to read:

AB43,,6606 196.504 (2) (c) 1. (intro.) To establish criteria for evaluating applications and awarding grants under this section subsection. The criteria shall prohibit grants give priority to all of the following:

AB43,,6607 a. Grants that do not 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

AB43,,6608 c. Projects that include at least 40 percent matching funds, and shall give higher priority to projects with more than 40 percent matching funds.

AB43,,6609 d. Projects that involve public-private partnerships, that affect unserved areas,.

AB43,,6610 e. Projects that are scalable,.

AB43,,6611 f. Projects 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.

AB43,,6612 g. Projects that affect a large geographic area that is difficult to connect or a large number of underserved unserved individuals or communities.

AB43,,6613 2. When evaluating grant applications under this section subsection, the commission shall consider the all of the following:

AB43,,6614 a. 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.

AB43,,6615 b. 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.

AB43,,6616 c. The impacts of the proposed projects on the ability of students to access educational opportunities from home.

****Note: This is reconciled s. 196.504 (2) (c). This Section has been affected by drafts with the following LRB numbers: -1361/P4 and -1169/P3.

AB43,2429 Section 2429. 196.504 (2) (c) 1. b. of the statutes is created to read:

AB43,,6618 196.504 (2) (c) 1. b. Require that projects serve unserved areas.

AB43,2430 Section 2430. 196.504 (2) (c) 1. h. of the statutes is created to read:

AB43,,6620 196.504 (2) (c) 1. h. 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 shall give higher priority to projects that are capable of exceeding these speeds. Beginning on July 1 of the 2nd calendar year beginning after the effective date of this subdivision .... [LRB inserts date], and on July 1 of each successive odd-numbered year thereafter, the commission may adjust the threshold service speeds designated in this subdivision if, upon review, it determines there is good cause to do so in order to align with changes in technology and actual market conditions. If the commission adjusts these threshold speeds, it shall publicize the adjusted speeds on its website.

AB43,2431 Section 2431. 196.504 (2) (c) 2. d. and e. of the statutes are created to read:

AB43,,6622 196.504 (2) (c) 2. d. The affordability of the service.

AB43,,6623 e. All federal funding for broadband facilities in the project area of the proposed project.

AB43,2432 Section 2432. 196.504 (2) (d) of the statutes is repealed.

AB43,2433 Section 2433. 196.504 (2m) of the statutes is created to read:

AB43,,6626 196.504 (2m) (a) Except as provided in pars. (b) and (c), from the appropriation under s. 20.155 (3) (c), each fiscal year the commission shall award no less than 10 percent of the amount in the schedule for that appropriation in fiscal year 2023-24 as broadband expansion grants under sub. (2).

AB43,,6627 (b) Except as provided in par. (c), if the remaining unobligated balance of the appropriation under s. 20.155 (3) (c) is less than 10 percent of the amount in the schedule for that appropriation in fiscal year 2023-24, the commission shall award the entire remaining balance in broadband expansion grants under sub. (2) in that fiscal year.

AB43,,6628 (c) If in any fiscal year, the commission does not receive sufficient broadband expansion grant applications that meet the eligibility criteria to award the minimum amounts described under par. (a) or (b), the commission shall award the maximum amount of broadband expansion grants under sub. (2) possible that fiscal year.

AB43,2434 Section 2434. 196.504 (2r) of the statutes is created to read:

AB43,,6630 196.504 (2r) The commission shall administer the line extension assistance program and shall have the following powers:

AB43,,6631 (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 appropriation under s. 20.155 (3) (b).

AB43,,6632 (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.

AB43,2435 Section 2435. 196.504 (2t) of the statutes is created to read:

AB43,,6634 196.504 (2t) (a) Within 10 days of the close of the broadband expansion grant application process, the commission shall publish on its website the proposed geographic broadband service area and the proposed broadband service speeds for each application for a broadband expansion grant submitted.

AB43,,6635 (b) An Internet service provider in or proximate to the proposed project area may, within 30 days of publication of the information under par. (a), submit in writing to the commission a challenge to an application. A challenge shall contain information demonstrating one of the following:

AB43,,6636 1. The provider currently provides available, reliable, and affordable fixed wireless or wired broadband service to any part of the proposed project area at download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater.

AB43,,6637 2. The provider commits to complete construction of broadband infrastructure and to provide available, reliable, and affordable fixed wireless or wired broadband service to any part of the proposed project area at speeds equal to or greater than the speeds described under subd. 1. no later than 24 months after the date of the commission’s order awarding broadband expansion grants. The provider shall submit documentation showing this commitment, including engineering plans, invoices related to project materials, permit applications, and a project timeline.

AB43,,6638 (bm) An Internet service provider that submits a challenge under this subsection shall allow the commission to inspect the broadband infrastructure identified by a provider in a challenge under par. (b) 1. or 2. to ensure it meets minimum service standards.

AB43,,6639 (c) The commission shall evaluate an Internet service provider’s challenge under this subsection, and is prohibited from funding any portion of a project relating to the area that is the subject of the challenge if the commission determines that the challenger’s provision of or commitment to provide broadband service that meets the requirements of par. (b) in that area is credible.

AB43,,6640 (d) If the commission denies funding to an applicant as a result of an Internet service provider’s challenge made under this subsection and the Internet service provider does not fulfill its commitment to provide available, reliable, and affordable broadband service in the area that is the subject of the challenge, the commission is prohibited from awarding grant funding to that Internet service provider for the following 2 grant cycles and that Internet service provider is prohibited from participating in the challenge process under par. (b) for the following 2 grant cycles, unless the commission determines that the Internet service provider’s failure to fulfill its commitment was the result of factors beyond the Internet service provider’s control. The commission shall give priority scoring treatment to an application targeting a grant project area that remains unserved as a result of a successful challenge and an unfulfilled commitment.

AB43,2436 Section 2436. 196.504 (3) (intro.) of the statutes is amended to read:

AB43,,6642 196.504 (3) (intro.) The commission shall encourage the development of broadband infrastructure in underserved unserved areas of the state and do all of the following:

AB43,2437 Section 2437. 196.504 (10) of the statutes is created to read:

AB43,,6644 196.504 (10) The commission shall administer a digital equity program under which it may do all of the following:

AB43,,6645 (a) Provide outreach and assistance to promote digital equity.

AB43,,6646 (b) Coordinate the administration of federal and state digital equity funding.

AB43,,6647 (c) Provide digital navigation services.

AB43,,6648 (d) Implement digital inclusion activities.

AB43,2438 Section 2438. 196.5048 of the statutes is created to read:

AB43,,6650 196.5048 Internet service provider registration. No person may provide Internet service in this state unless the person registers with the commission.

AB43,2439 Section 2439. 196.745 (2) (a) of the statutes is amended to read:

AB43,,6652 196.745 (2) (a) Any person violating sub. (1) (a), or any order or rule issued under sub. (1) (a), shall forfeit an amount not exceeding $25,000 $200,000. Each day of violation is a separate violation of sub. (1) (a). No person may forfeit an amount exceeding $500,000 $2,000,000 for a single persisting violation of sub. (1) (a) or any order or any rule issued under sub. (1) (a). The commission shall remit all forfeitures paid under this paragraph to the secretary of administration for deposit in the school fund.

AB43,2440 Section 2440. 200.57 (title) of the statutes is amended to read: