185.995 Extensions of credit by electric cooperatives for certain projects.

(1) In this section:

(a) “Electric cooperative” means an association incorporated under this chapter or authorized to do business in this state that carries on the business of generating, transmitting, or distributing electric energy to its members at wholesale or retail.

(b) “Notice of electric account charge” means the written notice by which subsequent purchasers or tenants will be given notice that they will be required to pay a project electric account charge.

(c) “Project electric account charge” means the charge placed on a member's account by which an electric cooperative may recover costs, including financing costs of qualifying expenses.

(d) “Qualifying expenses” means expenses associated with a qualifying project, including any purchase price or installation cost.

(e) “Qualifying project” means any project relating to energy efficiency, energy conservation, electric safety, or emergency back-up generation.

(2)

(a) An electric cooperative's extension of credit to its member or its member's landlord to finance qualifying expenses is not subject to chs. 421 to 426 if the electric cooperative enters into a written agreement with the member or the member's landlord covering the extension of credit and if the written agreement satisfies all requirements under pars. (b) and (c).

(b) The written agreement under par. (a) may not contain any provision that does any of the following:

1. Requires a schedule of payments under which any one payment is not substantially equal to all other payments or under which the intervals between any consecutive payments differ substantially. This subdivision does not apply to any of the following:

a. A down payment related to the qualifying project that is excluded from the amount being financed.

b. A final scheduled payment that is not more than 5 percent greater than the average amount of the other, substantially equal, scheduled payments.

c. An initial scheduled payment that includes interest charged for a first installment period that is shorter than, or not more than 150 percent longer than, the remainder of the installment periods.

2. Requires payment of a delinquency charge for an installment not paid in full by its scheduled due date under any of the following circumstances:

a. The period of delinquency is 10 days or less and the installment is paid in full on or before the 10th day after its due date.

b. The delinquency charge exceeds 1 percent of the unpaid amount of the installment.

c. A delinquency charge was previously imposed for the same unpaid installment or there was a deferral of the installment payment.

3. Allows a charge to be imposed that exceeds $30 for each check presented for payment that is returned as dishonored.

4. Requires the party who does not prevail in a court proceeding or other dispute to pay the attorney fees of the prevailing party in the court proceeding or dispute.

5. Authorizes the electric cooperative to confess judgment against the member or member's landlord in any action arising under the agreement or otherwise requires the member or member's landlord to provide a power of attorney or other authorization for the electric cooperative to confess judgment.

(c) The written agreement under par. (a) shall include a provision that grants to the member or member's landlord the right to prepay in full or in part, at any time and without penalty, the unpaid balance of the extension of credit.

(d) The written agreement under par. (a) may provide that costs, including financing costs and installment repayments, must be recovered as a project electric account charge on the account of the member associated with the property where the qualifying project will be completed. If the written agreement is between the cooperative and the member's landlord, this paragraph does not apply unless the landlord and tenant consent in writing.

(e)

1. The written agreement under par. (a) may provide that project electric account charges will apply to subsequent owners or tenants of the property associated with the property where the qualifying project will be completed.

2. If the written agreement is between the cooperative and a member who is a tenant of the property associated with the account, this paragraph does not apply unless both the landlord and the tenant consent in writing and the agreement provides notice to the landlord of the obligation contained in sub. (6).

(3) An electric cooperative that extends credit as provided in sub. (2) (a) may recover the costs, including financing costs and repayment installments, as line item charges on its electric bills issued to the member or member's landlord.

(4) If a written agreement under sub. (2) (a) provides that project electric account charges will apply to subsequent account holders, the electric cooperative may record a written notice of electric account charge in the office of the register of deeds for the county in which the property associated with the electric account is located. The notice of electric account charge shall not constitute a lien on the property. The notice of electric account charge shall include at least all of the following:

(a) A legal description of the property associated with the electric account.

(b) A statement that the electric account associated with the property is subject to project electric account charges.

(c) A statement informing prospective purchasers of the property of how to ascertain the amount of the charges, the length of time the charges are expected to remain in effect, and the obligation under sub. (6) to notify each lessee if the purchaser leases the property.

(d) A statement that the notice does not constitute a lien on the property.

(5) If there is a transfer of ownership or change in tenancy of property associated with an electric account that is subject to a project electric account charge, the electric cooperative may recover the project electric account charge from the transferee or tenant as line item charges on the transferee or tenant's electric bills if a written notice of electric account charge was properly recorded with reference to the property prior to the date of the transfer of ownership or change in tenancy.

(6) If the electric account associated with property is subject to a project electric account charge pursuant to a written agreement under sub. (2), the property owner shall provide notice of the written agreement and a copy of the notice of electric account charge to the purchaser or each subsequent lessee of the property responsible for paying the electric bills issued by the electric cooperative. If a subsequent lessee is responsible for payment of charges under this subsection and, before entering into a lease for the property, the property owner failed to provide the subsequent lessee with notice as required by this subsection, the subsequent lessee may void the lease and is entitled to the return of any deposits made under or with respect to the lease or may deduct from the lessee's rent, for no more than one‐half of the term of the lease, the amount of the charges for which the subsequent lessee is responsible under this subsection. If the purchaser is responsible for a project electric account charge under this subsection and, before entering into an agreement to purchase the property, the property owner failed to provide the purchaser with notice as required by this subsection, the purchaser may void the purchaser's contract with the property owner and is entitled to the return of any deposits made under the purchaser's contract.

(7) An electric cooperative may contract with any 3rd party to perform, on its behalf, any function permitted of the cooperative under this section, including the provision of financing, but the 3rd party must comply with all requirements under this section applicable to the cooperative.

(8)

(a) By entering into a written agreement under sub. (2), an electric cooperative does not assume liability or provide any warranty for any aspect of a qualifying project or any qualifying expense. This paragraph does not apply with respect to work undertaken by an electric cooperative and does not limit any rights or remedies of a member or member's landlord against any other party.

(b) This section does not limit an electric cooperative's authority to offer to its members any other type of financing otherwise available under law.

History: 2017 a. 76.