1. (1) Definition. In this section, “voluntary program” means a water conservation program a public utility voluntarily proposes to administer or fund that provides rebates or other direct financial incentives to customers for water-efficient products or services.

2. (2) Request to administer or fund a voluntary program. A public utility may not administer or fund a voluntary program without commission approval. A public utility may file a request with the commission for authorization to administer or fund one or more voluntary programs within its service area. A utility requesting a voluntary program shall provide all of the following information:

   1. (a) A description of the proposed program, including the target market, eligible measures, delivery strategy, marketing and communications strategy, incentive strategy, and potential market effects.
   2. (b) The proposed annual program budget, including administrative costs, and source of funding.
   3. (c) Annual and multi-year performance targets that are consistent with commission goals and policies.
   4. (d) A portfolio and program level net cost effectiveness analysis.
   5. (e) A description of the public utility’s proposed tracking and reporting system.
   6. (f) A description of the public utility’s proposed evaluation, measurement, and verification plan.
   7. (g) A description of how the public utility will coordinate its voluntary program with any statewide water conservation program, including any requirements contained in ch. NR 852.
   8. (h) Any other information the commission requests.

3. (3) Approval of voluntary program.

   1. (a) The commission shall consider each of the following when deciding whether to approve a voluntary program:

      1. 1. Whether the program is in the public interest.
      2. 2. The likelihood the public utility will achieve its program goals.
      3. 3. The inclusion of appropriate water conservation measures.
      4. 4. The adequacy of the proposed budget.
      5. 5. The net cost effectiveness of the program.
      6. 6. The adequacy of the public utility’s evaluation, measurement, and verification plan.
      7. 7. The level of coordination with any statewide water conservation program, including any requirements contained in ch. NR 852.
   2. (b) Unless the voluntary program is included in a general rate proceeding, the commission shall issue its decision to approve, deny, or modify a proposed voluntary program in writing within 40 working days after receiving the proposal. If the commission denies or modifies a proposed voluntary program it shall explain its reasons for the denial or modification. If the commission denies a voluntary program, the public utility may revise and resubmit a request for approval of a voluntary program at any time.
4. (4) Modifying or discontinuing a voluntary program. A public utility may request that the commission authorize the modification or discontinuation of a voluntary program at any time. A public utility may not modify or discontinue a voluntary program without commission approval.
5. (5) Return of funds. The commission may require a public utility to return any unspent funds collected for a voluntary program approved under this section to its ratepayers.

6. (6) Annual reports. A public utility receiving commission approval for a voluntary program under this section shall submit an annual report to the commission no later than April 1 following the covered year. The report shall include all of the following:

   1. (a) A summary of program activities in the previous calendar year.
   2. (b) An itemized accounting of administrative and program costs.
   3. (c) The program balance or deficit at the end of the year.
   4. (d) Estimated water savings attributable to the program, by customer class.
   5. (e) The number of customers receiving rebates or other incentives.
   6. (f) Estimated non-water benefits, including energy savings.
   7. (g) Other performance metrics identified by the public utility.
   8. (h) Any other information requested by the commission.
7. (7) Audits and verification. The commission may conduct an audit, or contract with an independent third-party evaluator to conduct an audit, to verify the performance of a public utility’s voluntary program. The public utility shall pay for the costs of the evaluation, as determined by the commission.

History

History: CR 11-039: cr. Register July 2012 No. 679, eff. 8-1-12; (7) renum. from (6) under s. 13.92 (4) (b) 1., Stats., Register July 2012 No. 679.