Amendment SSA1-SB459

LRBs0511/2

MDK:wlj&jld:pg

2005 - 2006 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2005 SENATE BILL 459

February 16, 2006 - Offered by Committee on Energy, Utilities and Information Technology.

SB459-SSA1,2,17 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 16.957 (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) (b) 4., 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) and 196.378 (2) (e); and to create 16.75 (12), 16.855 (10s), 16.897, 16.953, 20.924 (1) (j), 196.025 (1) (title), 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; 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:

SB459-SSA1, s. 1 Section 1. 16.75 (12) of the statutes is created to read:

SB459-SSA1,2,19 16.75 (12) (a) In this subsection:

SB459-SSA1,2,23 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.

SB459-SSA1,3,2 2. "Agency facility" means any state-owned or leased facility that is occupied, operated, or used by an agency.

SB459-SSA1,3,4 3. "Renewable percentage" means the percentage of total annual electric energy that is derived from renewable resources.

SB459-SSA1,3,7 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.

SB459-SSA1,3,10 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.

SB459-SSA1,3,12 (b) The department shall establish goals for each agency that are designed to accomplish the following goals:

SB459-SSA1,3,14 1. That the renewable percentage for total annual electric energy by December 31, 2007, is at least 10 percent.

SB459-SSA1,3,16 2. That the renewable percentage for total annual electric energy by December 31, 2011, is at least 20 percent.

SB459-SSA1,3,18 (c) In determining whether the goals under par. (b) are accomplished, the department shall do all the following:

SB459-SSA1,3,20 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.

SB459-SSA1,3,24 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.

SB459-SSA1,4,3 (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.

SB459-SSA1,4,8 (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).

SB459-SSA1, s. 2 Section 2. 16.855 (10s) of the statutes is created to read:

SB459-SSA1,4,19 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.

SB459-SSA1,5,11 (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.

SB459-SSA1, s. 3 Section 3. 16.897 of the statutes is created to read:

SB459-SSA1,5,16 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.

SB459-SSA1, s. 4 Section 4. 16.953 of the statutes is created to read:

SB459-SSA1,6,2 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.

SB459-SSA1, s. 5 Section 5. 16.957 (title) of the statutes is repealed and recreated to read:

SB459-SSA1,6,4 16.957 (title) Low-income assistance.

SB459-SSA1, s. 6 Section 6. 16.957 (1) (c) of the statutes is amended to read:

SB459-SSA1,6,9 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.

SB459-SSA1, s. 7 Section 7. 16.957 (1) (d), (e) and (h) of the statutes are repealed.

SB459-SSA1, s. 8 Section 8. 16.957 (1) (o) 1m. of the statutes is amended to read:

SB459-SSA1,6,15 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.

SB459-SSA1, s. 9 Section 9. 16.957 (1) (o) 2. of the statutes is amended to read:

SB459-SSA1,6,18 16.957 (1) (o) 2. The total amount expended by utilities under s. 196.374, 2003 stats., related to low-income assistance.

SB459-SSA1, s. 10 Section 10. 16.957 (1) (o) 3. of the statutes is amended to read:

SB459-SSA1,6,24 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).

SB459-SSA1, s. 11 Section 11. 16.957 (1) (r) of the statutes is repealed.

SB459-SSA1, s. 12 Section 12. 16.957 (1) (x) of the statutes is repealed and recreated to read:

SB459-SSA1,7,4 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.

SB459-SSA1, s. 13 Section 13. 16.957 (2) (a) 2. of the statutes is amended to read:

SB459-SSA1,7,7 16.957 (2) (a) 2. All moneys spent in a fiscal year for low-income programs established under s. 196.374, 2003 stats.

SB459-SSA1, s. 14 Section 14. 16.957 (2) (a) 4. of the statutes is amended to read:

SB459-SSA1,7,10 16.957 (2) (a) 4. Fifty percent of the The moneys collected in public benefits low-income assistance fees under sub. (5) (a).

SB459-SSA1, s. 15 Section 15. 16.957 (2) (b) of the statutes is repealed.

SB459-SSA1, s. 16 Section 16. 16.957 (2) (c) 1. of the statutes is amended to read:

SB459-SSA1,7,17 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).

SB459-SSA1, s. 17 Section 17. 16.957 (2) (c) 2. of the statutes is amended to read:

SB459-SSA1,7,20 16.957 (2) (c) 2. Requirements and procedures for applications for grants awarded under programs established under par. (a) or (b) 1.

SB459-SSA1, s. 18 Section 18. 16.957 (2) (c) 2m., 2n. and 4. of the statutes are repealed.

SB459-SSA1, s. 19 Section 19. 16.957 (2) (d) 1. of the statutes is amended to read:

SB459-SSA1,7,24 16.957 (2) (d) 1. For each fiscal year after fiscal year 1998-99, determine the low-income need target for that fiscal year.

SB459-SSA1, s. 20 Section 20. 16.957 (2) (d) 2. of the statutes is repealed.

SB459-SSA1, s. 21 Section 21. 16.957 (2) (d) 3. of the statutes is amended to read:

SB459-SSA1,8,3 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.

SB459-SSA1, s. 22 Section 22. 16.957 (2) (d) 4. a. of the statutes is amended to read:

SB459-SSA1,8,7 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).

SB459-SSA1, s. 23 Section 23. 16.957 (2) (d) 4. c. of the statutes is repealed.

SB459-SSA1, s. 24 Section 24. 16.957 (3) (a) of the statutes is renumbered 16.957 (3).

SB459-SSA1, s. 25 Section 25. 16.957 (3) (b) and (c) of the statutes are repealed.

SB459-SSA1, s. 26 Section 26. 16.957 (4) (a) of the statutes is amended to read:

SB459-SSA1,8,19 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.

SB459-SSA1, s. 27 Section 27. 16.957 (4) (am) of the statutes is amended to read:

SB459-SSA1,9,2 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.

SB459-SSA1, s. 28 Section 28. 16.957 (4) (b) (intro.) of the statutes is amended to read:

SB459-SSA1,9,8 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:

SB459-SSA1, s. 29 Section 29. 16.957 (4) (c) (title) of the statutes is amended to read: