16.91(2)
(2) No contract for the purchase of fuel for any state-owned or operated heating or heating and power plant wherein the annual requirement is in excess of 12,500 therms is binding unless purchased upon specifications furnished by the secretary. A contract for fuel may be for any term deemed to be in the best interests of the state, but the term and any provisions for renewal or extension shall be incorporated in the bid specifications and the contract document.
16.91(3)
(3) Payments for fuel delivered under contracts specified in
sub. (2) and for delivery costs shall be made upon vouchers approved by the secretary. Upon being audited and paid, the department shall charge each purchase against the appropriation to the agency which has jurisdiction over the facility at which the fuel is used. The secretary shall report on a quarterly basis to each such agency the total amount of payments charged under this subsection to each of its appropriations and facilities. Approval of the payments by the agency whose appropriation is charged is not required.
16.91 History
History: 1979 c. 34;
1989 a. 31.
16.92
16.92
Purchase of fuel, electricity, heat and chilled water. 16.92(2)
(2) Each agency shall utilize the most cost-effective means of procurement of fuel, electricity, heat and chilled water.
16.92 History
History: 1989 a. 31.
16.93
16.93
Sale of fuel or utility service. 16.93(2)
(2) Except as provided in
sub. (3), any agency, with the approval of the department, may sell fuel, water, sewage treatment service, electricity, heat or chilled water to another agency, a federal agency, a local government or a private entity.
16.93(3)
(3) Prior to contracting for the sale of any fuel or extending any water, sewage treatment, electrical, heating or chilled water service to a new private entity after August 9, 1989, an agency shall contact each public utility that serves the area in which the private entity is located and that is engaged in the sale of the same fuel or utility service. If a public utility so contacted objects to the proposed sale and commits to provide the fuel or service, the agency shall not contract for the sale.
16.93 History
History: 1989 a. 31.
STATE PLANNING AND ENERGY
16.95
16.95
Powers and duties. The department shall, through a system of comprehensive long-range planning, promote the development and the maximum wise use of the energy, natural and human resources of the state. It shall:
16.95(1)
(1) Collect, analyze, interpret and, in cooperation with the other state agencies, maintain the comprehensive data needed for effective state agency planning and effective review of those plans by the governor and the legislature.
16.95(2)
(2) Perform research to evaluate and measure alternative objectives and administrative actions.
16.95(3)
(3) Stimulate and encourage all state agencies to comprehensively plan and advance proposals for their area of state government services, and assist the state agencies to develop a necessary planning capacity.
16.95(4)
(4) Prepare and maintain plans for those state agencies which do not have an adequate planning capacity, at the request and in cooperation with those agencies.
16.95(5)
(5) Advise and assist state agencies in their development and maintenance of comprehensive plans, providing them with technical and program information, and advising them of the impact of related plans of other state agencies.
16.95(6)
(6) Stimulate the consideration and possible use of creative techniques and actions that may better accomplish the objectives of this section.
16.95(7)
(7) Evaluate the plans of all state agencies, identify both duplication and program gaps in the plans and measure the agency plans with the state goals enacted by the governor and the legislature.
16.95(8)
(8) Advise and assist the governor and the legislature in establishing long-range development policies and programs in considering state agency plans with regard to those policies and programs.
16.95(9)
(9) Develop and submit to the governor's office and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate on or before September 1 of each even-numbered year a 5-year and 10-year plan for the resolution of the energy needs of low-income households. The department shall consult with the public service commission, the department of health services and other agencies and groups related to low-income energy assistance. The department shall include in each plan, without limitation due to enumeration, items such as target populations, income eligibility, goals and funding.
16.95(10)
(10) Assist in implementing agency plans in accordance with policies and programs established by the governor and the legislature.
16.95(11)
(11) Administer federal planning grants for state planning, when so designated by the governor pursuant to
s. 16.54. The department may contract with other state agencies for the preparation of all or part of a facet of the state plan which is financed in whole or in part by federal planning grants.
16.95(12)
(12) Prepare and maintain contingency plans for responding to critical energy shortages so that when the shortages occur they can be dealt with quickly and effectively.
16.95(13)
(13) Implement the priorities under
s. 1.12 (4) in designing the department's energy programs and in awarding grants or loans for energy projects.
16.95(14)
(14) By rule, establish a standardized method for measuring the energy efficiency of the state's economy to be used in preparing the report under
sub. (15). In establishing the methodology, the department shall consider methodologies currently in use for this purpose, including the methodology used by the world bank.
16.95(15)
(15) Before April 1 annually, submit a report to the legislature under
s. 13.172 (3) regarding progress made in meeting the energy efficiency goal under
s. 1.12 (3) (a).
16.95(16)
(16) Require public utilities to provide the department with energy billing and use data regarding public schools, if the department determines that the data would facilitate any effort by the department to administer or provide energy assistance for public schools, including any effort to direct energy assistance to public schools with the highest energy costs.
16.953
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.
16.953 History
History: 2005 a. 141.
16.954
16.954
Strategic bioenergy feedstock assessment. 16.954(1)(a)
(a) "Affected agencies" means the department of administration, the department of agriculture, trade and consumer protection, the department of natural resources, the office, and the public service commission.
16.954(1)(b)
(b) "Bioenergy feedstock" means biomass used to produce energy, including transportation fuel, heat, or electricity.
16.954(1)(c)
(c) "Office" means the office of energy independence.
16.954(2)
(2) The office shall coordinate among affected agencies the preparation of a biennial strategic bioenergy feedstock assessment that assists producers and users of bioenergy feedstocks and state and local government policy makers in understanding trends in the production and use of bioenergy feedstocks in this state and the effects of that production and use. Using readily available information, each assessment shall do all of the following:
16.954(2)(a)
(a) Summarize the bioenergy feedstocks currently and projected to be produced in the state by region.
16.954(2)(b)
(b) Identify the current and projected significant markets for bioenergy feedstocks produced in the state and major facilities located or likely to be located in the state that use bioenergy feedstocks produced in or outside the state.
16.954(2)(c)
(c) Identify key factors that influence the supply of and demand for major bioenergy feedstocks in the state, including the types and amounts of land devoted to producing these feedstocks.
16.954(2)(d)
(d) Assess whether any of the factors identified under
par. (c) are likely to change during the period covered by the assessment and, if so, how those changes may affect the availability of future bioenergy feedstocks.
16.954(2)(e)
(e) Assess the impacts of the increased use in the state of biomass for energy production on all of the following:
16.954(2)(e)4.
4. Other benefits and services derived from the natural systems in which the biomass is produced.
16.954(2)(f)
(f) Recommend, as appropriate, legislation or changes in programs or rules of affected agencies, including whether the assessment should be continued.
16.954(3)
(3) No later than April 30, 2013, and no later than April 30 of each odd-numbered year thereafter, the office shall submit a copy of an assessment prepared under
sub. (2) to the governor and the appropriate standing committees of the legislature under
s. 13.172 (3) and shall post a copy of the assessment on the office's Internet site.
16.954 History
History: 2009 a. 401.
16.955
16.955
Energy administration. 16.955(1)
(1)
Information. If the governor determines that a disruption of energy supplies poses a serious risk to the economic well-being, health or welfare of the citizens of this state, the governor may issue an order declaring an energy alert. Upon declaration of an energy alert by the governor, the department may issue general or special orders, as defined in
s. 101.01 (7), or promulgate emergency rules under
ch. 227 to compel disclosure of information required for purposes of this section. Any person, or agent of the person, who produces, imports or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who is subject to an emergency rule or general or special order of the department within reasonable time limits specified in the order shall file or furnish such reports, information, data, copies of extracts of originals as the department deems necessary relating to existing and future energy supplies, including but not limited to record of sales in years for 1970 and thereafter, storage capacity, supplies on hand and anticipated supplies, and anticipated demand. To the extent that the reports and data requested by the department are presently available from other state or federal agencies, the department shall coordinate its data reporting requirements with the agencies to avoid duplication of reporting.
16.955(2)
(2) Information to be confidential. All information furnished under
sub. (1) shall be considered confidential and may be compiled or published only for purposes of general statistical comparison. The information may be disclosed to agencies of the state or of the federal government, under the same or similar rules of confidentiality.
16.955(3)(a)(a) Any person, or agent of a person, who produces, imports or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who fails to provide information requested by the department at the time and in the manner specified by the department shall forfeit an amount not to exceed $1,000. Each day the violation of this section continues from the day notice has been received constitutes a separate offense.
16.955(3)(b)
(b) Upon request of the department, the attorney general or the district attorney of the proper county may aid in any investigation, enforce any request of the department for information under this section or seek forfeitures for violations of this section.
16.955(3)(c)
(c) Upon request of the department, the attorney general or the district attorney of the proper county may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating this section.
16.955(3)(d)
(d) The remedies under this section shall not be exclusive.
16.955(4)
(4) Hearings; evidence; witness fees. 16.955(4)(a)(a) The department or any of its authorized agents may, in relation to any matter arising under this section, conduct hearings, administer oaths, issue subpoenas and take testimony.
16.955(4)(b)
(b) The witnesses subpoenaed by the department or its agent and officers who serve subpoenas shall be entitled to the fees allowed in courts of record. The fees shall be audited and paid by the state in the same manner as other expenses of the department are audited and paid. No witness subpoenaed at the instance of any party other than the department is entitled to payment of fees by the state, unless the department certifies that the testimony of the witness was material.
16.955(4)(c)
(c) Any person who unlawfully fails to attend as a witness or refuses to testify may be compelled to do so as provided in
s. 885.12.
16.955(4)(d)
(d) A record of all hearings shall be kept by the department. All hearings shall be public.
16.955 Cross-reference
Cross-reference: See also ch.
Adm 40, Wis. adm. code.
16.956
16.956
Office of energy independence. 16.956(1)(a)
(a) "Biodevelopment" means research and development relating to the use of renewable resources for electricity, energy, and heating and transportation fuels.
16.956(1)(b)
(b) "Bioindustry" means the manufacture, production, and trade of renewable resources used for electricity, energy, and heating and transportation fuels.
16.956(1)(bg)
(bg) "Biorefinery" means a facility, including equipment and processes, that converts biomass into fuels and products and may produce electricity.
16.956(1)(c)
(c) "Office" means the office of energy independence.
16.956(2)
(2) The office shall work on initiatives that have the following goals:
16.956(2)(a)
(a) Advancing Wisconsin's vision for energy independence by generating at least 25 percent of power, and at least 25 percent of transportation fuels, used in this state from renewable resources by 2025.
16.956(2)(b)
(b) Capturing in-state at least 10 percent of the national emerging bioindustry and renewable energy markets by 2030.
16.956(2)(c)
(c) Ensuring that Wisconsin is a national leader in all of the following:
16.956(2)(c)1.
1. Groundbreaking research that will make alternative energies more affordable and create well-paying jobs in this state.
16.956(2)(c)3.
3. Advancing the sale and use in all types of motor vehicles of blends of gasoline and a biofuel that contain more than 10 percent of the biofuel.
16.956(3)
(3) The office shall do all of the following:
16.956(3)(a)
(a) Ensure and facilitate the implementation of the initiatives specified in
sub. (2) and identify barriers to the implementation of such initiatives. The office shall serve as the central unit of state government to coordinate the activities of all executive branch agencies in connection with these initiatives.
16.956(3)(b)
(b) Serve as a single point of contact to assist businesses, local units of government, and nongovernmental organizations that are pursuing biodevelopment, energy efficiency, and energy independence.
16.956(3)(c)
(c) Develop energy independence policy options for consideration by the governor, the legislature, and the executive branch agencies.
16.956(3)(d)
(d) Identify federal funding opportunities and facilitate applications for federal funding by private, and state and local governmental, entities.
16.956(3)(e)
(e) Perform duties necessary to maintain federal energy funding and any designations required for such funding.
16.956(3)(f)
(f) Pursue, in cooperation with the department of agriculture, trade and consumer protection, the establishment and maintenance of sufficient alternative fuel refueling facilities at public retail outlets to meet the traveling needs of the public.
