2005 WISCONSIN ACT 141
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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), (10e), and (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 50.05 (7) (f), 153.05 (2m) (a), 287.15 (7), and 301.265, shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.
141,1m
Section 1m. 16.75 (10e) of the statutes is created 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.
141,1s
Section 1s. 16.75 (12) of the statutes is created to read:
16.75 (12) (a) In this subsection:
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.
4. "Renewable resource" has the meaning given in s. 196.378 (1) (h) 1. or 2. and includes a resource, as defined in s. 196.378 (1) (j), that derives electricity from hydroelectric power.
5. "Total annual electric energy" means the total annual amount of electric energy generated or purchased by the state for power, heating, or cooling purposes for all agency facilities.
(b) The department shall establish goals for each agency that are designed to accomplish the following goals:
1. That the renewable percentage for total annual electric energy by December 31, 2007, is at least 10 percent.
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:
1. Calculate total annual electric energy on the basis of an average of the total annual electric energy during the 3 years prior to the specified dates.
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).
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Section
2. 16.855 (10s) of the statutes is created to read:
16.855
(10s) (a) The department shall, by rule, prescribe and annually review and revise as necessary energy efficiency standards for equipment that is installed as a component of a construction project and that relates to heating, ventilation, air conditioning, water heating or cooling, lighting, refrigeration, or any other function that consumes energy. The standards shall meet or exceed current applicable guidelines of the federal environmental protection agency relating to energy efficiency of the functions specified in this paragraph, guidelines that apply to the federal energy management program under
42 USC 8251 et seq., and standards established by the American society of heating, refrigerating and air-conditioning engineers.
(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.
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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.
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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.
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Section
5. 16.957 (title) of the statutes is repealed and recreated to read:
16.957 (title) Low-income assistance.
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Section
6. 16.957 (1) (c) of the statutes is amended to read:
16.957 (1) (c) "Commitment to community program" means a program by or on behalf of a municipal utility or retail electric cooperative for low-income assistance or an energy conservation program by a municipal utility or retail electric cooperative.
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Section
7. 16.957 (1) (d), (e) and (h) of the statutes are repealed.
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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.
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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.
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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).
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Section
11. 16.957 (1) (r) of the statutes is repealed.
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Section
12. 16.957 (1) (x) of the statutes is repealed and recreated to read:
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.
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Section
13. 16.957 (2) (a) 2. of the statutes is amended to read:
16.957 (2) (a) 2. All moneys spent in a fiscal year for low-income programs established under s. 196.374, 2003 stats.
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Section
14. 16.957 (2) (a) 4. of the statutes is amended to read:
16.957 (2) (a) 4. Fifty percent of the
The moneys collected in public benefits low-income assistance fees under sub. (5) (a).
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Section
15. 16.957 (2) (b) of the statutes is repealed.
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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).
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Section
17. 16.957 (2) (c) 2. of the statutes is amended to read:
16.957 (2) (c) 2. Requirements and procedures for applications for grants awarded under programs established under par. (a) or (b) 1.
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Section
18. 16.957 (2) (c) 2m., 2n. and 4. of the statutes are repealed.
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Section
19. 16.957 (2) (d) 1. of the statutes is amended to read:
16.957 (2) (d) 1. For each fiscal year after fiscal year 1998-99, determine the low-income need target for that fiscal year.
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Section
20. 16.957 (2) (d) 2. of the statutes is repealed.
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Section
21. 16.957 (2) (d) 3. of the statutes is amended to read:
16.957 (2) (d) 3. Deposit all moneys received under sub. (4) (a) or (5) (c) or (d) (b) 2. in the utility public benefits fund.
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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).
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Section
23. 16.957 (2) (d) 4. c. of the statutes is repealed.
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Section
24. 16.957 (3) (a) of the statutes is renumbered 16.957 (3).
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Section
25. 16.957 (3) (b) and (c) of the statutes are repealed.
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Section
26. 16.957 (4) (a) of the statutes is amended to read:
16.957 (4) (a) Requirement to charge
public benefits low-income assistance fees. Each electric utility, except for a municipal utility, shall charge each customer a public benefits low-income assistance fee in an amount established in rules promulgated by the department under par. (b). An electric utility, except for a municipal utility, shall collect and pay the fees to the department in accordance with the rules promulgated under par. (b). The public benefits low-income assistance fees collected by an electric utility shall be considered trust funds of the department and not income of the electric utility.
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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.
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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:
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Section
29. 16.957 (4) (c) (title) of the statutes is amended to read:
16.957 (4) (c) (title) Amount of public benefits low-income assistance fees.
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Section
30. 16.957 (4) (c) 1. (intro.) of the statutes is amended to read:
16.957 (4) (c) 1. `Low-income funding from fee.' (intro.) In fiscal year 1999-2000, a portion of the public benefits fee shall be an amount that, when added to 50% of the estimated public benefits fees charged by municipal utilities and retail electric cooperatives under sub. (5) (a) for that fiscal year, shall equal $24,000,000. In each fiscal year after fiscal year 1999-2000, a portion of the public benefits, the low-income assistance fee shall be an amount that, when added to the sum of the following shall equal the low-income need target for that fiscal year determined by the department under sub. (2) (d) 1.:
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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.
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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.
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Section
33. 16.957 (4) (c) 2. of the statutes is repealed.
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Section
34. 16.957 (4) (c) 3. of the statutes is amended to read:
16.957 (4) (c) 3. `Limitation on electric bill increases low-income assistance fees.' For the period beginning on October 29, 1999, and ending on June 30, 2008, the total increase in a customer's electric bills that is based on the requirement to pay public benefits fees, including any increase resulting from an electric utility's compliance with this section, In any month, the low-income assistance fee may not exceed 3% of the total of every other charge for which the customer is billed for that period month or $750 per month, whichever is less.
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.
