LRBa2374/2
MDK:kjf&jld:pg&jf
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
and Miller.
SB459-SSA1-SA1,2,26
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
7materials, supplies, equipment, and contractual services to be provided to any
8agency, 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),
10153.05 (2m) (a), 287.15 (7), and 301.265, shall be awarded to the lowest responsible
11bidder, taking into consideration life cycle cost estimates under sub. (1m), when
12appropriate, the location of the agency, the quantities of the articles to be supplied,
1their conformity with the specifications, and the purposes for which they are
2required and the date of delivery.
SB459-SSA1-SA1,2,64
16.75
(10e) (a) In this subsection, "energy consuming equipment" means any
5equipment that is designed for heating, ventilation, air conditioning, water heating
6or cooling, lighting, refrigeration, or any other function, and that consumes energy.
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(b) The department, any other designated purchasing agent under s. 16.71 (1),
8any agency making purchases under s. 16.74, and any authority may not purchase
9energy consuming equipment unless the specifications for the equipment meet the
10applicable standards for the equipment established under s. 16.855 (10s) (a). If there
11is no standard under s. 16.855 (10s) (a) applicable to the type of energy consuming
12equipment being purchased, or if the energy consuming equipment meeting that
13standard is not reasonably available, the department, purchasing agent, agency, or
14authority shall ensure that the energy consuming equipment that is purchased
15maximizes energy efficiency to the extent technically and economically feasible. The
16department, purchasing agent, agency, or authority shall not determine that energy
17consuming equipment that meets the applicable standard under s. 16.855 (10s) (a)
18either is not reasonably available on the basis of cost alone or is not cost-effective
19unless the difference in the cost of the purchase and installation of the equipment
20that meets the standard and the equipment that would otherwise be installed is
21greater than the difference in the cost of operating the equipment that meets the
22standard and the equipment that would otherwise be installed over the anticipated
23life of the equipment.".
SB459-SSA1-SA1,3,2
14. Page 6, line 2: after "revenues." insert "The department of administration
2shall consider in its plan the means of financing allowed under s. 16.858.".
SB459-SSA1-SA1,3,10
4"16.957
(4) (c) 3. `Limitation on
electric bill increases low-income assistance
5fees.'
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
9exceed 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.".
SB459-SSA1-SA1,3,17
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
16every other charge for which the member or customer is billed for that
period month 17or
$750 per month $375, whichever is less.".
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196.025
(1) (ag)
Definitions. In this subsection:
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1. "Renewable resource" has the meaning given in s. 196.374 (1) (j).
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2. "Wholesale supplier" has the meaning given in s. 16.957 (1) (w).".
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7"196.025
(1) (b)
Energy conservation and efficiency. 1. In a proceeding in which
8an investor-owned electric public utility is a party, the commission shall not order
9or otherwise impose energy conservation or efficiency requirements on the
10investor-owned electric public utility if the commission has fulfilled all of its duties
11under s. 196.374 and the investor-owned electric public utility has satisfied the
12requirements of s. 196.374 for the year prior to commencement of the proceeding, as
13specified in s. 196.374 (8).
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2. In a proceeding in which a wholesale supplier is a party, the commission shall
15not order or otherwise impose energy conservation or efficiency requirements on the
16wholesale supplier if the commission has fulfilled all of its duties under s. 196.374
17and the wholesale supplier's members are in the aggregate substantially in
18compliance with s. 196.374 (7).
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(c)
Renewable resources. 1. In a proceeding in which an investor-owned electric
20public utility is a party, the commission shall not order or otherwise impose any
21renewable resource requirements on the investor-owned electric public utility if the
22commission has fulfilled all of its duties under s. 196.378 and the commission has
23informed the utility under s. 196.378 (2) (c) that, with respect to the most recent
1report submitted under s. 196.378 (2) (c), the utility is in compliance with the
2requirements of s. 196.378 (2) (a) 2.
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2. In a proceeding in which a wholesale supplier is a party, the commission shall
4not order or otherwise impose any renewable resource requirements on the
5wholesale supplier if the commission has fulfilled all of its duties under s. 196.378
6and the wholesale supplier's members are in the aggregate substantially in
7compliance with s. 196.378 (2).
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(d)
Transmission facilities. In a proceeding regarding a request by a public
9utility or wholesale supplier to acquire, construct, install, or operate an electric
10transmission facility or associated equipment, the commission shall not order or
11otherwise impose requirements on the public utility or wholesale supplier.".
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13"(em) "Large energy customer" means a customer of an energy utility that owns
14or operates a facility in the energy utility's service area that has an energy demand
15of at least 1,000 kilowatts of electricity per month or of at least 10,000 decatherms
16of natural gas per month and that, in a month, is billed at least $60,000 for electric
17service, natural gas service, or both, for all of the facilities of the customer within the
18energy utility's service territory.".
SB459-SSA1-SA1,5,24
2218. Page 24, line 6: after "customers." insert "A local unit of government that
23receives assistance under this subd. 2. b. shall apply all costs savings realized from
24the assistance to reducing the property tax levy.".
SB459-SSA1-SA1,6,3
2"d. Initiatives for research and development regarding the environmental and
3economic impacts of energy use in this state.".
SB459-SSA1-SA1,6,19
10"(c)
Large energy customer programs. A customer of an energy utility may, with
11commission approval, administer and fund its own energy efficiency programs if the
12customer satisfies the definition of a large energy customer for any month in the 12
13months preceding the date of the customer's request for approval. A customer may
14request commission approval at any time. A customer that funds a program under
15this paragraph may deduct the amount of the funding from the amount the energy
16utility may collect from the customer under sub. (5) (b). If the customer deducts the
17amount of the funding from the amount the energy utility may collect from the
18customer under sub. (5) (b), the energy utility shall credit the amount of the funding
19against the amount the energy utility is required to spend under sub. (3) (b) 2.".
SB459-SSA1-SA1,7,2
2125. Page 28, line 17: after "(b) 1." insert "The person or persons with whom
22the energy utilities contract for program administration under sub. (2) (a) 1. shall
1pay the costs of the audits from the amounts paid under the contracts under sub. (2)
2(a) 1.".
SB459-SSA1-SA1,7,5
5"
(5) Cost recovery. (a)
Rate-making orders. The commission shall ensure".
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10"(b)
Large energy customers. 1. Except as provided in sub. (2) (c) and par. (bm)
112., if the commission has determined that a customer of an energy utility is a large
12energy customer under 2005 Wisconsin Act .... (this act), section 102 (8) (b), then,
13each month, the energy utility shall collect from the customer, for recovery of
14amounts under par. (a), the amount determined by the commission under 2005
15Wisconsin Act .... (this act), section 102 (8) (c).
SB459-SSA1-SA1,8,516
2. A customer of an energy utility that the commission has not determined is
17a large energy customer under 2005 Wisconsin Act .... (this act), section 102 (8) (b),
18may petition the commission for a determination that the customer is a large energy
19customer. The commission shall determine that a petitioner is a large energy
20customer if the petitioner satisfies the definition of large energy customer for any
21month in the 12 months preceding the date of the petition. If the commission makes
22such a determination, the commission shall also determine the amount that the
23energy utility may collect from the customer each month for recovery of the amounts
24under par. (a). The commission shall determine an amount that ensures that the
1amount collected from the customer is similar to the amounts collected from other
2customers that have a similar level of energy costs as the customer. Except as
3provided in sub. (2) (c) and par. (bm) 2., each month, the energy utility shall collect
4from the customer, for recovery of amounts under par. (a), the amount determined
5by the commission under this subdivision.
SB459-SSA1-SA1,8,146
(bm)
Allocation proposal. 1. The commission shall commence a proceeding for
7for creating a proposal for allocating within different classes of customers an
8equitable distribution of the recovery of the amounts under par. (a) by all energy
9utilities. The purpose of the allocation is to ensure that customers of an energy utility
10within a particular class are treated equitably with respect to customers of other
11energy utilities within the same class. No later than December 31, 2008, the
12commission shall submit the proposal to the governor and chief clerk of each house
13of the legislature for distribution to the appropriate standing committees of the
14legislature under s. 13.172 (3).
SB459-SSA1-SA1,8,1815
2. If, by July 1, 2009, legislation based on the proposal under subd. 1. has not
16been enacted, the commission shall, beginning on July 1, 2009, annually increase the
17amount that an energy utility may recover from a large energy customer each month
18under par. (b) only by a percentage that is the lesser of the following:
SB459-SSA1-SA1,8,2019
a. The percentage increase in the energy utility's operating revenues during the
20preceding year.
