An Act to repeal 16.957 (1) (d), (e) and (h), 16.957 (1) (r), 16.957 (2) (b), 16.957 (2) (c) 2m., 2n. and 4., 16.957 (2) (d) 2., 16.957 (2) (d) 4. c., 16.957 (3) (b) and (c), 16.957 (4) (c) 2., 16.957 (5) (c) and (d), 16.957 (5) (e) 2., 101.027 (1) (b), 196.378 (1) (bm), 196.378 (1) (e), 196.378 (1) (f), 196.378 (1) (n) and 196.378 (2) (b) 3.; to renumber 16.957 (3) (a); to renumber and amend 196.025 (1), 196.378 (1) (a) and 196.378 (3) (a); to consolidate, renumber and amend 16.957 (5) (e) (intro.) and 1. and 101.027 (1) (intro.) and (a); to amend 16.75 (1) (a) 1., 16.957 (1) (c), 16.957 (1) (o) 1m., 16.957 (1) (o) 2., 16.957 (1) (o) 3., 16.957 (2) (a) 2., 16.957 (2) (a) 4., 16.957 (2) (c) 1., 16.957 (2) (c) 2., 16.957 (2) (d) 1., 16.957 (2) (d) 3., 16.957 (2) (d) 4. a., 16.957 (4) (a), 16.957 (4) (am), 16.957 (4) (b) (intro.), 16.957 (4) (c) (title), 16.957 (4) (c) 1. (intro.), 16.957 (4) (c) 1. a., 16.957 (4) (c) 1. c., 16.957 (4) (c) 3., 16.957 (5) (a), 16.957 (5) (am), 16.957 (5) (f), 16.957 (5) (g) 1. (intro.), 16.957 (5) (g) 1. a., 16.957 (5) (g) 1. b., 16.957 (5) (g) 2., 20.505 (3) (s), 25.96, 76.28 (1) (d), 76.48 (1g) (d), 77.54 (44), 79.005 (4) (d), 101.027 (2), 101.027 (3) (a) 1., 101.027 (3) (a) 2., 101.027 (3) (b) 1., 101.027 (3) (b) 2., 196.378 (1) (g), 196.378 (1) (i), 196.378 (2) (b) 1., 196.378 (2) (c), 196.378 (3) (b), 196.378 (5) (intro.), 285.48 (4) (a) and 285.48 (4) (b); to repeal and recreate 16.957 (title), 16.957 (1) (x), 16.957 (5) (b), 196.374, 196.378 (1) (o), 196.378 (2) (a), 196.378 (2) (b) 4. and 196.378 (2) (e); and to create 16.75 (10e), 16.75 (12), 16.855 (10s), 16.897, 16.953, 20.924 (1) (j), 196.025 (1) (title), 196.025 (1) (ag), 196.025 (1) (b) to (d), 196.025 (1m) (title), 196.025 (2) (title), 196.025 (2m) (title), 196.025 (3) (title), 196.025 (4) (title), 196.025 (5) (title), 196.378 (1) (ag), 196.378 (1) (fg), 196.378 (1) (fm), 196.378 (1) (fr), 196.378 (1) (p), 196.378 (2) (b) 1m., 196.378 (2) (b) 5., 196.378 (2) (f), 196.378 (2) (g), 196.378 (3) (a) 2., 196.378 (3) (c), 196.378 (4m) and 196.378 (4r) of the statutes; relating to: administration and funding of programs for utility public benefits; renewable energy requirements for utilities and retail electric cooperatives; energy efficiency requirements for state construction and certain purchases; revising and reviewing the state energy conservation code; state use of renewable energy resources; anaerobic digestor research; corn-burning furnace pilot program; granting rule-making authority; and making an appropriation.
141,1e Section 1e. 16.75 (1) (a) 1. of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:
16.75 (10e) (a) In this subsection, "energy consuming equipment" means any equipment that is designed for heating, ventilation, air conditioning, water heating or cooling, lighting, refrigeration, or any other function, and that consumes energy.
(b) The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74, and any authority may not purchase energy consuming equipment unless the specifications for the equipment meet the applicable standards for the equipment established under s. 16.855 (10s) (a). If there is no standard under s. 16.855 (10s) (a) applicable to the type of energy consuming equipment being purchased, or if the energy consuming equipment meeting that standard is not reasonably available, the department, purchasing agent, agency, or authority shall ensure that the energy consuming equipment that is purchased maximizes energy efficiency to the extent technically and economically feasible. The department, purchasing agent, agency, or authority shall not determine that energy consuming equipment that meets the applicable standard under s. 16.855 (10s) (a) either is not reasonably available on the basis of cost alone or is not cost-effective unless the difference in the cost of the purchase and installation of the equipment that meets the standard and the equipment that would otherwise be installed is greater than the difference in the cost of operating the equipment that meets the standard and the equipment that would otherwise be installed over the anticipated life of the equipment.
1. "Agency" means the department of administration, the department of corrections, the department of health and family services, the department of public instruction, the department of veterans affairs, and the Board of Regents of the University of Wisconsin System.
2. "Agency facility" means any state-owned or leased facility that is occupied, operated, or used by an agency.
3. "Renewable percentage" means the percentage of total annual electric energy that is derived from renewable resources.
2. That the renewable percentage for total annual electric energy by December 31, 2011, is at least 20 percent.
(c) In determining whether the goals under par. (b) are accomplished, the department shall do all the following:
2. For any individual agency facility, consider only electric energy that is purchased from the electric provider that serves the agency facility under an arrangement with a term of 10 years or more and electric energy derived from renewable resources owned by the state and produced for use in the agency facility.
(d) Notwithstanding par. (b), an agency is not required to generate or purchase electric energy derived from renewable resources if the generation or purchase is not technically feasible or cost-effective.
(e) No later than March 1 of each year, the department shall submit a report to the governor and chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), concerning the degree of attainment and, if applicable, reasons for nonattainment by the state during the preceding year in meeting the goals established by the department under par. (b).
(b) The department shall ensure that the specifications for any equipment that is designed for heating, ventilation, air conditioning, water heating or cooling, lighting, refrigeration, or any other function that consumes energy under any construction project contract administered by the department meet applicable standards established under par. (a). If there is no standard under par. (a) applicable to the type of equipment being purchased or if the equipment meeting that standard is not reasonably available, the department shall ensure that energy consumption within a building, structure, or facility and all equipment that is purchased under each contract administered by the department maximizes energy efficiency to the extent technically and economically feasible. The department shall not determine that equipment that meets the applicable standard under par. (a) either is not reasonably available on the basis of cost alone or is not cost-effective unless the difference in the cost of the purchase and installation of the equipment that meets the standard and the equipment that would otherwise be installed is greater than the difference in the cost of operating the equipment that meets the standard and the equipment that would otherwise be installed over the anticipated life of the equipment.
141,3 Section 3. 16.897 of the statutes is created to read:
16.897 Space and water heating systems. In planning and designing space or water heating systems for new or existing state facilities, the department shall ensure that geothermal technologies are utilized to the greatest extent that is cost-effective and technically feasible.
141,4 Section 4. 16.953 of the statutes is created to read:
16.953 Energy cost reduction plans. No later than July 1 of each even-numbered year, each agency, as defined in s. 16.75 (12) (a) 1., shall submit a plan to the department, the joint committee on finance, and the standing committee of each house of the legislature having jurisdiction over energy, for reduction of the cost of energy used by the agency. The plan shall include all system and equipment upgrades or installations that are estimated to result in energy cost savings equal to the cost of the upgrade or installation over the anticipated life of the system or equipment. The plan shall also identify potential means of financing the upgrades and installations other than reliance on appropriations of general purpose revenues. The department of administration shall consider in its plan the means of financing allowed under s. 16.858.
141,6 Section 6. 16.957 (1) (c) of the statutes is amended to read:
141,8 Section 8. 16.957 (1) (o) 1m. of the statutes is amended to read:
16.957 (1) (o) 1m. The amount of the portion of the public benefits fee for fiscal year 1999-2000 that is specified in sub. s. 16.957 (4) (c) 1. The amount specified in this subdivision shall not be subject to the reduction under 1999 Wisconsin Act 9, section 9101 (1zr) (a), 1999 stats.
141,9 Section 9. 16.957 (1) (o) 2. of the statutes is amended to read:
16.957 (1) (o) 2. The total amount expended by utilities under s. 196.374, 2003 stats., related to low-income assistance.
141,10 Section 10. 16.957 (1) (o) 3. of the statutes is amended to read:
16.957 (1) (o) 3. Fifty percent of the amount of public benefits fees that municipal utilities and retail electric cooperatives are were required to charge under sub. s. 16.957 (5) (a), 1999 stats., in fiscal year 1999-2000. The amount specified in this subdivision shall not be subject to the reduction under 1999 Wisconsin Act 9, section 9101 (1zv) (c).
141,11 Section 11. 16.957 (1) (r) of the statutes is repealed.
16.957 (1) (x) "Wholesale supply percentage" means the percentage of the electricity sold by a wholesale supplier that is purchased by a municipal utility or retail electric cooperative.
16.957 (2) (a) 2. All moneys spent in a fiscal year for low-income programs established under s. 196.374, 2003 stats.
141,15 Section 15. 16.957 (2) (b) of the statutes is repealed.
141,16 Section 16. 16.957 (2) (c) 1. of the statutes is amended to read:
16.957 (2) (c) 1. Eligibility requirements for low-income assistance under programs established under par. (a). The rules shall prohibit a person who receives low-income assistance from a municipal utility or retail electric cooperative under a program specified in sub. (5) (d) 2. b. or 3. a. (b) 1. from receiving low-income assistance under programs established under par. (a).
16.957 (2) (c) 2. Requirements and procedures for applications for grants awarded under programs established under par. (a) or (b) 1.
141,19 Section 19. 16.957 (2) (d) 1. of the statutes is amended to read:
141,21 Section 21. 16.957 (2) (d) 3. of the statutes is amended to read:
141,22 Section 22. 16.957 (2) (d) 4. a. of the statutes is amended to read:
16.957 (2) (d) 4. a. The expenses of the department, other state agencies, and grant recipients in administering or participating in the programs under pars. par. (a) and (b).
141,24 Section 24. 16.957 (3) (a) of the statutes is renumbered 16.957 (3).
141,25 Section 25. 16.957 (3) (b) and (c) of the statutes are repealed.
141,26 Section 26. 16.957 (4) (a) of the statutes is amended to read:
141,27 Section 27. 16.957 (4) (am) of the statutes is amended to read:
16.957 (4) (am) Electric bills. An electric utility shall include a public benefits show the low-income assistance fee in the fixed charges for electricity as a separate line in a customer's bill, identified as the "state low-income assistance fee," and shall provide the customer with an annual statement that identifies the annual charges for public benefits low-income assistance fees and describes the programs for which fees are used.
141,28 Section 28. 16.957 (4) (b) (intro.) of the statutes is amended to read:
16.957 (4) (b) Rules. (intro.) In consultation with the council, the department shall promulgate rules that establish the amount of a public benefits low-income assistance fee under par. (a). Fees established in rules under this paragraph may vary by class of customer, but shall be uniform within each class, and shall satisfy each of the following:
141,31 Section 31. 16.957 (4) (c) 1. a. of the statutes is amended to read:
16.957 (4) (c) 1. a. Fifty percent of the estimated public benefits The estimated low-income assistance fees charged by municipal utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year.
141,32 Section 32. 16.957 (4) (c) 1. c. of the statutes is amended to read:
16.957 (4) (c) 1. c. The total amount spent on programs or contributed to the commission by utilities under s. 196.374 (3), 2003 stats., for that fiscal year for low-income assistance.
141,33 Section 33. 16.957 (4) (c) 2. of the statutes is repealed.
141,35 Section 35. 16.957 (5) (a) of the statutes is amended to read:
16.957 (5) (a) Requirement to charge public benefits low-income assistance fees. Each retail electric cooperative and municipal utility shall charge a monthly public benefits low-income assistance fee to each customer or member in an amount that is sufficient for the retail electric cooperative or municipal utility to collect an annual average of $16 $8 per meter. A retail electric cooperative or municipal utility may determine the amount that a particular class of customers or members is required to pay under this paragraph and may charge different fees to different classes of customers or members.
141,36 Section 36. 16.957 (5) (am) of the statutes is amended to read:
16.957 (5) (am) Public benefits Low-income assistance fee restriction. Notwithstanding par. (a), for the period beginning on October 29, 1999, and ending on June 30, 2008, the total increase in a customer's or member's electric bills that is based on the requirement to pay public benefits fees, including any increase resulting from a retail electric cooperative's or municipal utility's compliance with this section, in any month, the low-income assistance fee may not exceed 3% 1.5 percent of the total of every other charge for which the member or customer is billed for that period month or $750 per month $375, whichever is less.
141,37 Section 37. 16.957 (5) (b) of the statutes is repealed and recreated to read:
16.957 (5) (b) Commitment to community programs. 1. Except as provided in subd. 2., each retail electric cooperative and municipal utility shall spend on commitment to community programs the fees that the cooperative or utility charges under par. (a).
141,38 Section 38. 16.957 (5) (c) and (d) of the statutes are repealed.
141,39 Section 39. 16.957 (5) (e) (intro.) and 1. of the statutes are consolidated, renumbered 16.957 (5) (e) and amended to read:
141,41 Section 41. 16.957 (5) (f) of the statutes is amended to read:
141,43 Section 43. 16.957 (5) (g) 1. a. of the statutes is amended to read:
16.957 (5) (g) 2. The department shall require that municipal utilities and retail electric cooperatives file reports under subd. 1. electronically, in a format that allows for tabulation, comparison, and other analysis of the reports. The department shall maintain reports filed under subd. 1. for at least 6 years.
141,52 Section 52. 79.005 (4) (d) of the statutes is amended to read:
141,53 Section 53. 101.027 (1) (intro.) and (a) of the statutes are consolidated, renumbered 101.027 (1) and amended to read:
141,55 Section 55. 101.027 (2) of the statutes is amended to read:
141,57 Section 57. 101.027 (3) (a) 2. of the statutes is amended to read:
101.027 (3) (a) 2. Five Three years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code.
141,58 Section 58. 101.027 (3) (b) 1. of the statutes is amended to read:
141,59 Section 59. 101.027 (3) (b) 2. of the statutes is amended to read:
141,60 Section 60. 196.025 (1) (title) of the statutes is created to read:
196.025 (1) (title) State energy policy.
141,61 Section 61. 196.025 (1) of the statutes is renumbered 196.025 (1) (ar) and amended to read:
141,61m Section 61m. 196.025 (1) (ag) of the statutes is created to read:
2. In a proceeding in which a wholesale supplier is a party, the commission shall not order or otherwise impose energy conservation or efficiency requirements on the wholesale supplier if the commission has fulfilled all of its duties under s. 196.374 and the wholesale supplier's members are in the aggregate substantially in compliance with s. 196.374 (7).
(c) Renewable resources. 1. In a proceeding in which an investor-owned electric public utility is a party, the commission shall not order or otherwise impose any renewable resource requirements on the investor-owned electric public utility if the commission has fulfilled all of its duties under s. 196.378 and the commission has informed the utility under s. 196.378 (2) (c) that, with respect to the most recent report submitted under s. 196.378 (2) (c), the utility is in compliance with the requirements of s. 196.378 (2) (a) 2.
(d) Transmission facilities. In a proceeding regarding a request by a public utility or wholesale supplier to acquire, construct, install, or operate an electric transmission facility or associated equipment, the commission shall not order or otherwise impose requirements on the public utility or wholesale supplier.
141,64 Section 64. 196.025 (2) (title) of the statutes is created to read:
196.025 (2) (title) Environmental impacts.
141,65 Section 65. 196.025 (2m) (title) of the statutes is created to read:
196.025 (2m) (title) Coordination with department of natural resources.
196.025 (3) (title) Reliability reports.
(b) "Commitment to community program" means an energy efficiency or load management program by or on behalf of a municipal utility or retail electric cooperative.
(c) "Customer application of renewable resources" means the generation of energy from renewable resources that takes place on the premises of a customer of an energy utility or municipal utility or a member of a retail electric cooperative.
(d) "Energy efficiency program" means a program for reducing the usage or increasing the efficiency of the usage of energy by a customer or member of an energy utility, municipal utility, or retail electric cooperative. "Energy efficiency program" does not include load management.
(e) "Energy utility" means an investor-owned electric or natural gas public utility.
(f) "Load management program" means a program to allow an energy utility, municipal utility, wholesale electric cooperative, as defined in s. 16.957 (1) (v), retail electric cooperative, or municipal electric company, as defined in s. 66.0825 (3) (d), to control or manage daily or seasonal customer demand associated with equipment or devices used by customers or members.
1. Solar energy.
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