2005 - 2006 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE BILL 459
February 21, 2006 - Offered by Senators Cowles, Plale, Kedzie, Wirch, Kapanke
(a) 1. All orders awarded or contracts made by the department for all 7
materials, supplies, equipment, and contractual services to be provided to any 8
agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), 9
(6), (7), (8), (9), (10e),
and (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 50.05 (7) (f), 10
153.05 (2m) (a), 287.15 (7), and 301.265, shall be awarded to the lowest responsible 11
bidder, taking into consideration life cycle cost estimates under sub. (1m), when 12
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 2
required and the date of delivery.
(a) In this subsection, "energy consuming equipment" means any 5
equipment that is designed for heating, ventilation, air conditioning, water heating 6
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), 8
any agency making purchases under s. 16.74, and any authority may not purchase 9
energy consuming equipment unless the specifications for the equipment meet the 10
applicable standards for the equipment established under s. 16.855 (10s) (a). If there 11
is no standard under s. 16.855 (10s) (a) applicable to the type of energy consuming 12
equipment being purchased, or if the energy consuming equipment meeting that 13
standard is not reasonably available, the department, purchasing agent, agency, or 14
authority shall ensure that the energy consuming equipment that is purchased 15
maximizes energy efficiency to the extent technically and economically feasible. The 16
department, purchasing agent, agency, or authority shall not determine that energy 17
consuming equipment that meets the applicable standard under s. 16.855 (10s) (a) 18
either is not reasonably available on the basis of cost alone or is not cost-effective 19
unless the difference in the cost of the purchase and installation of the equipment 20
that meets the standard and the equipment that would otherwise be installed is 21
greater than the difference in the cost of operating the equipment that meets the 22
standard and the equipment that would otherwise be installed over the anticipated 23
life of the equipment.".
14. Page 6, line 2
: after "revenues." insert "The department of administration 2
shall consider in its plan the means of financing allowed under s. 16.858.".
(c) 3. `Limitation on electric bill increases low-income assistance
.' For the period beginning on October 29, 1999, and ending on June 30, 2008,
6the total increase in a customer's electric bills that is based on the requirement to pay
7public benefits fees, including any increase resulting from an electric utility's
8compliance with this section, In any month, the low-income assistance fee
may not 9
exceed 3% of the total of every other charge for which the customer is billed for that 10period month
or $750 per month
, whichever is less.".
116. Page 11, line 3
: delete lines 3 to 11 and substitute "on June 30, 2008, the
12total increase in a customer's or member's electric bills that is based on the
13requirement to pay public benefits fees, including any increase resulting from a
14retail electric cooperative's or municipal utility's compliance with this section, in any
15month, the low-income assistance fee
may not exceed 3% 1.5 percent
of the total of 16
every other charge for which the member or customer is billed for that period month 17
or $750 per month $375
, whichever is less.".
In this subsection:
1. "Renewable resource" has the meaning given in s. 196.374 (1) (j).
2. "Wholesale supplier" has the meaning given in s. 16.957 (1) (w).".
(b) Energy conservation and efficiency.
1. In a proceeding in which 8
an investor-owned electric public utility is a party, the commission shall not order 9
or otherwise impose energy conservation or efficiency requirements on the 10
investor-owned electric public utility if the commission has fulfilled all of its duties 11
under s. 196.374 and the investor-owned electric public utility has satisfied the 12
requirements of s. 196.374 for the year prior to commencement of the proceeding, as 13
specified in s. 196.374 (8).
2. In a proceeding in which a wholesale supplier is a party, the commission shall 15
not order or otherwise impose energy conservation or efficiency requirements on the 16
wholesale supplier if the commission has fulfilled all of its duties under s. 196.374 17
and the wholesale supplier's members are in the aggregate substantially in 18
compliance with s. 196.374 (7).
(c) Renewable resources.
1. In a proceeding in which an investor-owned electric 20
public utility is a party, the commission shall not order or otherwise impose any 21
renewable resource requirements on the investor-owned electric public utility if the 22
commission has fulfilled all of its duties under s. 196.378 and the commission has 23
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 2
requirements of s. 196.378 (2) (a) 2.
2. In a proceeding in which a wholesale supplier is a party, the commission shall 4
not order or otherwise impose any renewable resource requirements on the 5
wholesale supplier if the commission has fulfilled all of its duties under s. 196.378 6
and the wholesale supplier's members are in the aggregate substantially in 7
compliance with s. 196.378 (2).
(d) Transmission facilities.
In a proceeding regarding a request by a public 9
utility or wholesale supplier to acquire, construct, install, or operate an electric 10
transmission facility or associated equipment, the commission shall not order or 11
otherwise impose requirements on the public utility or wholesale supplier.".
"(em) "Large energy customer" means a customer of an energy utility that owns 14
or operates a facility in the energy utility's service area that has an energy demand 15
of at least 1,000 kilowatts of electricity per month or of at least 10,000 decatherms 16
of natural gas per month and that, in a month, is billed at least $60,000 for electric 17
service, natural gas service, or both, for all of the facilities of the customer within the 18
energy utility's service territory.".
2218. Page 24, line 6
: after "customers." insert "A local unit of government that 23
receives assistance under this subd. 2. b. shall apply all costs savings realized from 24
the assistance to reducing the property tax levy.".
"d. Initiatives for research and development regarding the environmental and 3
economic impacts of energy use in this state.".
"(c) Large energy customer programs.
A customer of an energy utility may, with 11
commission approval, administer and fund its own energy efficiency programs if the 12
customer satisfies the definition of a large energy customer for any month in the 12 13
months preceding the date of the customer's request for approval. A customer may 14
request commission approval at any time. A customer that funds a program under 15
this paragraph may deduct the amount of the funding from the amount the energy 16
utility may collect from the customer under sub. (5) (b). If the customer deducts the 17
amount of the funding from the amount the energy utility may collect from the 18
customer under sub. (5) (b), the energy utility shall credit the amount of the funding 19
against the amount the energy utility is required to spend under sub. (3) (b) 2.".
2125. Page 28, line 17
: after "(b) 1." insert "The person or persons with whom 22
the energy utilities contract for program administration under sub. (2) (a) 1. shall
pay the costs of the audits from the amounts paid under the contracts under sub. (2) 2