Amendment SSA1-SB459

SB459-SSA1,42,12 196.378 (3) (a) 2. The commission shall promulgate rules for calculating the amount of a renewable resource credit that is created from a renewable facility placed into service before January 1, 2004. The rules shall provide that the amount of a renewable resource credit created on or after January 1, 2004, from such a renewable facility, except a renewable facility owned by a retail customer of an electric provider, is limited to the incremental increase in output from the renewable facility that is due to capacity improvements made on or after January 1, 2004.

SB459-SSA1, s. 95 Section 95. 196.378 (3) (b) of the statutes is amended to read:

SB459-SSA1,42,15 196.378 (3) (b) The commission may promulgate rules that establish requirements and procedures for a sale under par. (a) 1.

SB459-SSA1, s. 96 Section 96. 196.378 (3) (c) of the statutes is created to read:

SB459-SSA1,42,23 196.378 (3) (c) A renewable resource credit created under s. 196.378 (3) (a), 2003 stats., may not be used after December 31, 2011. A renewable resource credit created under par. (a) 1. or 2., as affected by 2005 Wisconsin Act .... (this act), may not be used after the 4th year after the year in which the credit is created, except the commission may promulgate rules specifying a different period of time if the commission determines that such period is necessary for consistency with any regional renewable resource credit trading program that applies in this state.

SB459-SSA1, s. 97 Section 97. 196.378 (4m) of the statutes is created to read:

SB459-SSA1,43,8 196.378 (4m) Additional renewable resources requirements. The commission may not impose on an electric provider any requirement that increases the electric provider's renewable energy percentage beyond that required under sub. (2) (a) 2. If an electric provider is in compliance with the requirements of sub. (2) (a) 2., the commission may not require the electric provider to undertake, administer, or fund any other renewable energy program. This subsection does not limit the authority of the commission to enforce an electric provider's obligations under s. 196.374.

SB459-SSA1, s. 98 Section 98. 196.378 (4r) of the statutes is created to read:

SB459-SSA1,43,16 196.378 (4r) Reports. No later than July 1 of each even-numbered year, the commission 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) that evaluates the impact of the requirements of this section on the rates and revenue requirements of electric providers and compares that impact with the impact that would have occurred if renewable energy practices of electric providers were subject to market forces in the absence of the requirements of this section.

SB459-SSA1, s. 99 Section 99. 196.378 (5) (intro.) of the statutes is amended to read:

SB459-SSA1,43,25 196.378 (5) Penalty. (intro.) Any person who violates sub. (2) or any wholesale renewable energy supplier who provides an electric provider with a false or misleading certification regarding the sources or amounts of renewable energy supplied at wholesale to the electric provider shall forfeit not less than $5,000 nor more than $500,000. Forfeitures under this subsection shall be enforced by action on behalf of the state by the attorney general. A court imposing a forfeiture under this subsection shall consider all of the following in determining the amount of the forfeiture:

SB459-SSA1, s. 100 Section 100. 285.48 (4) (a) of the statutes is amended to read:

SB459-SSA1,44,5 285.48 (4) (a) The use of renewable energy, including renewable energy that is provided by electric providers for the purpose of complying with the requirements of s. 196.378 (2) (a) 2., or renewable energy that is used under programs specified in s. 196.374 (2) (d) that are funded by expenditures under s. 196.374 (3).

SB459-SSA1, s. 101 Section 101. 285.48 (4) (b) of the statutes is amended to read:

SB459-SSA1,44,10 285.48 (4) (b) The implementation of low-income weatherization and energy conservation measures, including programs established under s. 16.957 (2) (a) or (b) or programs specified in s. 196.374 (2) (a) or (b) that are funded by expenditures under s. 196.374 (3).

SB459-SSA1, s. 102 Section 102 . Nonstatutory provisions.

SB459-SSA1,44,18 (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.

SB459-SSA1,45,2 (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.

SB459-SSA1,45,15 (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.

SB459-SSA1,45,21 (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.

SB459-SSA1,45,22 (5) Public service commission prohibitions.

SB459-SSA1,45,23 (a) In this subsection:

SB459-SSA1,45,24 1. "Commission" means the public service commission.

SB459-SSA1,46,2 2. "Energy efficiency program" has the meaning given in section 196.374 (1) (d), as affected by this act.

SB459-SSA1,46,3 3. "Public utility" has the meaning given in section 196.01 (5) of the statutes.

SB459-SSA1,46,5 4. "Renewable resource program" has the meaning given in section 196.374 (1) (k), as affected by this act.

SB459-SSA1,46,7 5. "Total renewable energy" has the meaning given in section 196.378 (1) (o) of the statutes.

SB459-SSA1,46,11 (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.

SB459-SSA1,46,13 (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.

SB459-SSA1,46,21 (6) Cost recovery from certain ratepayers. Notwithstanding section 196.374 (3), 2003 stats., during the period beginning on the effective date of this subsection and ending on July 1, 2007, if a ratepayer of a utility, as defined in section 196.374 (1) (c), 2003 stats., was required to pay more than $750 for the utility's recovery of amounts under section 196.374 (3), 2003 stats., in any month during 2005, the ratepayer shall pay the utility, for the recovery of amounts under section 196.374 (3), 2003 stats., a monthly amount equal to the monthly average that the ratepayer paid the utility in 2005 for recovery under s. 196.374 (3), stats.

SB459-SSA1,46,22 (7) Report.

SB459-SSA1,46,24 (a) In this subsection, "energy utility" has the meaning given in section 196.374 (1) (e) of the statutes, as created by this act.

SB459-SSA1,47,4 (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 following:

SB459-SSA1,47,7 1. The commission's recommendations for allocating among different classes of ratepayers the amounts that energy utilities recover from ratepayers under section 196.374 (5) (a) of the statutes, as created by this act.

SB459-SSA1,47,9 2. The commission's recommendations on whether any component of an energy utility's revenue requirements should be itemized on ratepayer bills.

SB459-SSA1, s. 103 Section 103. Initial applicability.

SB459-SSA1,47,13 (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.

SB459-SSA1, s. 104 Section 104. Effective dates. This act takes effect on July 1, 2007, except as follows:

SB459-SSA1,47,22 (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), (6 ), and (7) of this act take effect on the day after publication.

SB459-SSA1,47,23 (End)