2005 Wisconsin Act 141

141,102 Section 102 . Nonstatutory provisions.

(1) Initial contracts. To promote administrative efficiency and build on existing, successful programs, the public service commission shall direct energy utilities, as defined in section 196.374 (1) (e) of the statutes, as affected by this act, to negotiate initial contracts under section 196.374 (2) (a) 1. of the statutes, as affected by this act, with the holders of current contracts under section 16.957 (3) (b), 2003 stats., to the extent that the programs administered by those contract holders are functioning effectively and accomplishing most or all of the goals set for them.

(2) Corn-burning furnace pilot program. The department of administration shall conduct a pilot program under section 16.957 (2) (b) 1. b. of the statutes during the winter heating season between November 1, 2006, and March 1, 2007, to determine the feasibility and cost-effectiveness of the use of residential space heating equipment in this state that is fueled by biomass, as defined in section 196.378 (1) (a) of the statutes, from corn plants. The department of administration shall report to the legislature the results of the pilot program in the report required under section 16.957 (2) (d) 4. of the statutes.

(3) Review of Energy Conservation Code. Notwithstanding section 101.027 (3) (a) and (b) of the statutes, the department of commerce shall begin a review of the energy conservation code, as defined in section 101.027 (1) (a) of the statutes, on the effective date of this subsection and shall complete that review and submit proposed rules changing the energy conservation code as provided in section 101.027 (2) of the statutes to the legislative council staff under section 227.15 (1) of the statutes by no later than the first day of the 18th month beginning after the effective date of this subsection. Notwithstanding section 101.027 (2) of the statutes, in conducting the review under this subsection, the department of commerce, to the extent practicable, shall consider incorporating into the energy conservation code design requirements from the most current national energy efficiency design standards for new buildings, except low-rise residential buildings, published by the American society of heating, refrigerating, and air-conditioning engineers.

(4) Anaerobic digestor research. The department of agriculture, trade and consumer protection shall include, as part of its 2007-09 biennial budget request that it submits to the department of administration under section 16.42 of the statutes, a proposal to provide additional funding for the research and development of anaerobic digestors at farms participating in the discovery farms program under the Wisconsin agricultural stewardship initiative.

(5) Public service commission prohibitions.

(a) In this subsection:

1. "Commission" means the public service commission.

2. "Energy efficiency program" has the meaning given in section 196.374 (1) (d), as affected by this act.

3. "Public utility" has the meaning given in section 196.01 (5) of the statutes.

4. "Renewable resource program" has the meaning given in section 196.374 (1) (k), as affected by this act.

5. "Total renewable energy" has the meaning given in section 196.378 (1) (o) of the statutes.

(b) Beginning on the effective date of this paragraph and ending on June 30, 2007, the commission may not order an investor-owned natural gas or electric public utility to administer or fund any energy efficiency or renewable resource program that is in addition to the requirements of section 196.374 of the statutes.

(c) Paragraph (b ) does not affect the authority of the commission to enforce the requirements of section 16.957 or 196.374 of the statutes.

(7) Report.

(a) In this subsection, "energy utility" has the meaning given in section 196.374 (1) (e) of the statutes, as created by this act.

(b) No later than July 1, 2008, the public service commission shall submit a report to the governor and chief clerk of each house of the legislature for distribution to the legislature under section 13.172 (2) of the statutes that consists of the commission's recommendations on whether any component of an energy utility's revenue requirements should be itemized on ratepayer bills.

(8) Large energy customers.

(a) In this subsection:

1. "Commission" means the public service commission.

2. "Energy utility" has the meaning given in section 196.374 (1) (e) of the statutes, as created by this act.

3. "Large energy customer" has the meaning given in section 196.374 (1) (em) of the statutes, as created by this act.

4. "Ordered program" has the meaning given under section 196.374 (1) (i) of the statutes, as created by this act.

(b) No later than July 1, 2007, the commission shall determine the customers of energy utilities that, for any month during the 12 months preceding the date of the commission's determination, satisfy the definition of large energy customer.

(c) For each customer of an energy utility that the commission determines is a large energy customer under paragraph (b), the commission shall, no later than July 1, 2007, determine the monthly average that the customer paid the energy utility in 2005 for recovery under s. 196.374 (3), 2003 stats., and for recovery of the costs of ordered programs.

141,103 Section 103. Initial applicability.

(1) Energy efficiency standards. The treatment of sections 16.855 (10s) and 20.924 (1) (j) of the statutes first applies with respect to projects for which design work begins on the effective date of this subsection.

141,104 Section 104. Effective dates. This act takes effect on July 1, 2007, except as follows:

(1) The treatment of sections 16.75 (12), 16.897, 16.953, 79.005 (4) (d), 101.027 (1) (intro.), (a), and (b), (2), and (3) (a) 1. and 2. and (b) 1. and 2., 196.378 (1) (a), (ag), (bm), (e), (f), (fg), (fm), (fr), (g), (i), (n), (o), and (p), (2) (a), (b) 1., 1m., 3., 4., and 5., (c), (e), (f), and (g), (3) (b), and (c), (4m), (4r), and (5) (intro.) of the statutes, the creation of section 196.378 (3) (a) 2. of the statutes, and the renumbering and amendment of section 196.378 (3) (a) of the statutes and Section 102 (2), (4 ), (5), (7), and (8) of this act take effect on the day after publication.