LRB-0706/1
MDK:jld:rs
2007 - 2008 LEGISLATURE
April 13, 2007 - Introduced by Representatives Wieckert, Berceau, Hahn, Boyle,
Kerkman, Musser, Mursau, Wood and Molepske, cosponsored by Senators
Miller, Roessler and Schultz. Referred to Committee on Biofuels and
Sustainable Energy.
AB268,1,3
1An Act to create 196.01 (1c) and 196.01 (5) (b) 7. of the statutes;
relating to:
2creating an exemption from Public Service Commission regulation for persons
3who provide electricity from certain alternative energy sources.
Analysis by the Legislative Reference Bureau
Under current law, unless an exception applies, a person that provides
electricity to the public satisfies the definition of "public utility." As a public utility,
the person's rates for electricity, as well as other aspects of the person's business,
would be subject to regulation by the Public Service Commission (PSC).
This bill creates an exception from the definition of "public utility" for a person
that provides electricity to a customer from an alternative energy source and
satisfies other requirements. The bill defines "alternative energy source" as
equipment that captures solar energy, wind energy, or gas from livestock manure or
other agricultural waste, and that converts such energy or gas into electricity, but
only if the rated capacity of the equipment does not exceed 25,000 watts of
alternating or direct current. "Alternative energy source" also means equipment
that captures and uses solar energy for domestic water heating, but only if the
maximum output of such equipment does not exceed a rated output of 35,000,000
British thermal units per day.
If a person installs an alternative energy source at a customer's premises to
provide electricity in an amount that does not exceed the customer's annual demand
for electricity, and the person does not otherwise satisfy the definition of "public
utility" under current law, then the person is not considered a "public utility" under
the bill and the person is exempt from regulation by the PSC.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB268, s. 1
1Section
1. 196.01 (1c) of the statutes is created to read:
AB268,2,22
196.01
(1c) "Alternative energy source" means any of the following:
AB268,2,63
(a) Equipment that captures solar energy, wind energy, or gas from livestock
4manure or other agricultural waste, and that converts such energy or gas into
5electricity, if the rated capacity of the equipment does not exceed 25,000 watts of
6alternating or direct current.
AB268,2,97
(b) Equipment that captures and uses solar energy for domestic water heating,
8if the maximum output of the equipment does not exceed a rated output of 35,000,000
9British thermal units per day.
AB268, s. 2
10Section
2. 196.01 (5) (b) 7. of the statutes is created to read:
AB268,2,1711
196.01
(5) (b) 7. A person that provides electricity to a customer that is
12generated from an alternative energy source installed at the customer's premises,
13if the amount of electricity provided does not exceed the customer's annual demand
14for electricity. This subdivision does not apply to a person if, in addition to providing
15electricity as described in this subdivision, the person also furnishes, directly to the
16public, telecommunications or sewer service, heat, light, water or power or, by means
17of pipes or mains, natural gas.
