The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
(a) 1. All orders awarded or contracts made by the department for all 4
materials, supplies, equipment, and contractual services to be provided to any 5
agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), 6
(6), (7), (8), (9), (10e),
and (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 50.05 (7) (f), 7
153.05 (2m) (a), 287.15 (7), and 301.265, shall be awarded to the lowest responsible 8
bidder, taking into consideration life cycle cost estimates under sub. (1m), when 9
appropriate, the location of the agency, the quantities of the articles to be supplied, 10
their conformity with the specifications, and the purposes for which they are 11
required and the date of delivery.
(a) In this subsection, "energy consuming equipment" means any 14
equipment that is designed for heating, ventilation, air conditioning, water heating 15
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), 17
any agency making purchases under s. 16.74, and any authority may not purchase 18
energy consuming equipment unless the specifications for the equipment meet the 19
applicable standards for the equipment established under s. 16.855 (10s) (a). If there 20
is no standard under s. 16.855 (10s) (a) applicable to the type of energy consuming 21
equipment being purchased, or if the energy consuming equipment meeting that
standard is not reasonably available, the department, purchasing agent, agency, or 2
authority shall ensure that the energy consuming equipment that is purchased 3
maximizes energy efficiency to the extent technically and economically feasible. The 4
department, purchasing agent, agency, or authority shall not determine that energy 5
consuming equipment that meets the applicable standard under s. 16.855 (10s) (a) 6
either is not reasonably available on the basis of cost alone or is not cost-effective 7
unless the difference in the cost of the purchase and installation of the equipment 8
that meets the standard and the equipment that would otherwise be installed is 9
greater than the difference in the cost of operating the equipment that meets the 10
standard and the equipment that would otherwise be installed over the anticipated 11
life of the equipment.
(a) In this subsection:
1. "Agency" means the department of administration, the department of 15
corrections, the department of health and family services, the department of public 16
instruction, the department of veterans affairs, and the Board of Regents of the 17
University of Wisconsin System.
2. "Agency facility" means any state-owned or leased facility that is occupied, 19
operated, or used by an agency.
3. "Renewable percentage" means the percentage of total annual electric 21
energy that is derived from renewable resources.
4. "Renewable resource" has the meaning given in s. 196.378 (1) (h) 1. or 2. and 23
includes a resource, as defined in s. 196.378 (1) (j), that derives electricity from 24
5. "Total annual electric energy" means the total annual amount of electric 2
energy generated or purchased by the state for power, heating, or cooling purposes 3
for all agency facilities.
(b) The department shall establish goals for each agency that are designed to 5
accomplish the following goals:
1. That the renewable percentage for total annual electric energy by December 7
31, 2007, is at least 10 percent.
2. That the renewable percentage for total annual electric energy by December 9
31, 2011, is at least 20 percent.
(c) In determining whether the goals under par. (b) are accomplished, the 11
department shall do all the following:
1. Calculate total annual electric energy on the basis of an average of the total 13
annual electric energy during the 3 years prior to the specified dates.
2. For any individual agency facility, consider only electric energy that is 15
purchased from the electric provider that serves the agency facility under an 16
arrangement with a term of 10 years or more and electric energy derived from 17
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 19
electric energy derived from renewable resources if the generation or purchase is not 20
technically feasible or cost-effective.
(e) No later than March 1 of each year, the department shall submit a report 22
to the governor and chief clerk of each house of the legislature, for distribution to the 23
legislature under s. 13.172 (2), concerning the degree of attainment and, if 24
applicable, reasons for nonattainment by the state during the preceding year in 25
meeting the goals established by the department under par. (b).
(a) The department shall, by rule, prescribe and annually review 3
and revise as necessary energy efficiency standards for equipment that is installed 4
as a component of a construction project and that relates to heating, ventilation, air 5
conditioning, water heating or cooling, lighting, refrigeration, or any other function 6
that consumes energy. The standards shall meet or exceed current applicable 7
guidelines of the federal environmental protection agency relating to energy 8
efficiency of the functions specified in this paragraph, guidelines that apply to the 9
federal energy management program under 42 USC 8251
et seq., and standards 10
established by the American society of heating, refrigerating and air-conditioning 11
(b) The department shall ensure that the specifications for any equipment that 13
is designed for heating, ventilation, air conditioning, water heating or cooling, 14
lighting, refrigeration, or any other function that consumes energy under any 15
construction project contract administered by the department meet applicable 16
standards established under par. (a). If there is no standard under par. (a) applicable 17
to the type of equipment being purchased or if the equipment meeting that standard 18
is not reasonably available, the department shall ensure that energy consumption 19
within a building, structure, or facility and all equipment that is purchased under 20
each contract administered by the department maximizes energy efficiency to the 21
extent technically and economically feasible. The department shall not determine 22
that equipment that meets the applicable standard under par. (a) either is not 23
reasonably available on the basis of cost alone or is not cost-effective unless the 24
difference in the cost of the purchase and installation of the equipment that meets 25
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 2
equipment that would otherwise be installed over the anticipated life of the 3
516.897 Space and water heating systems.
In planning and designing space 6
or water heating systems for new or existing state facilities, the department shall 7
ensure that geothermal technologies are utilized to the greatest extent that is 8
cost-effective and technically feasible.
1016.953 Energy cost reduction plans.
No later than July 1 of each 11
even-numbered year, each agency, as defined in s. 16.75 (12) (a) 1., shall submit a 12
plan to the department, the joint committee on finance, and the standing committee 13
of each house of the legislature having jurisdiction over energy, for reduction of the 14
cost of energy used by the agency. The plan shall include all system and equipment 15
upgrades or installations that are estimated to result in energy cost savings equal 16
to the cost of the upgrade or installation over the anticipated life of the system or 17
equipment. The plan shall also identify potential means of financing the upgrades 18
and installations other than reliance on appropriations of general purpose revenues. 19
The department of administration shall consider in its plan the means of financing 20
allowed under s. 16.858.
(title) Low-income assistance.
(c) "Commitment to community program" means a program by or on
a municipal utility or retail electric cooperative for low-income assistance
1or an energy conservation program by a municipal utility or retail electric
(o) 1m. The amount of the portion of the public benefits fee for fiscal 6
year 1999-2000 that is specified in sub. s. 16.957
(4) (c) 1. The amount specified in
7this subdivision shall not be subject to the reduction under 1999 Wisconsin Act 9,
8section 9101 (1zr) (a), 1999 stats
(o) 2. The total amount expended by utilities under s. 196.374, 2003
related to low-income assistance.
(o) 3. Fifty percent of the amount of public benefits fees that 14
municipal utilities and retail electric cooperatives are were
required to charge under 15sub. s. 16.957
(5) (a), 1999 stats.,
in fiscal year 1999-2000. The amount specified in
16this subdivision shall not be subject to the reduction under 1999 Wisconsin Act 9,
17section 9101 (1zv) (c).
(x) "Wholesale supply percentage" means the percentage of the 21
electricity sold by a wholesale supplier that is purchased by a municipal utility or 22
retail electric cooperative.
(a) 2. All moneys spent in a fiscal year for low-income programs 25
established under s. 196.374, 2003 stats
(a) 4. Fifty percent of the
moneys collected in public benefits 3low-income assistance
fees under sub. (5) (a)
(c) 1. Eligibility requirements for low-income assistance under 7
programs established under par. (a). The rules shall prohibit a person who receives 8
low-income assistance from a municipal utility or retail electric cooperative under 9
a program specified in sub. (5) (d) 2. b. or 3. a.
from receiving low-income 10
assistance under programs established under par. (a).
(c) 2. Requirements and procedures for applications for grants 13
awarded under programs established under par. (a) or (b) 1
(d) 1. For each fiscal year after fiscal year 1998-99
, determine the 17
low-income need target for that fiscal year.
(d) 3. Deposit all moneys received under sub. (4) (a) or (5) (c) or (d) 21(b) 2.
in the utility public benefits fund.
(d) 4. a. The expenses of the department, other state agencies,
grant recipients in administering or participating in the programs under pars. par. 25
(a) and (b)
(a) Requirement to charge
public benefits low-income assistance fees. 6
Each electric utility, except for a municipal utility, shall charge each customer a 7public benefits low-income assistance
fee in an amount established in rules 8
promulgated by the department under par. (b). An electric utility, except for a 9
municipal utility, shall collect and pay the fees to the department in accordance with 10
the rules promulgated under par. (b). The public benefits low-income assistance
collected by an electric utility shall be considered trust funds of the department and 12
not income of the electric utility.
(am) Electric bills.
An electric utility shall include a public benefits 15show the low-income assistance
fee in the fixed charges for electricity as a separate
in a customer's bill, identified as the "state low-income assistance fee,"
and shall 17
provide the customer with an annual statement that identifies the annual charges 18
for public benefits low-income assistance
fees and describes the programs for which 19
fees are used.
(intro.) In consultation with the council, the department 22
shall promulgate rules that establish the amount of a public benefits low-income
fee under par. (a). Fees established in rules under this paragraph may 24
vary by class of customer, but shall be uniform within each class, and shall satisfy 25
each of the following:
(c) (title) Amount of public benefits low-income assistance fees.
(c) 1. `Low-income funding from fee
.' (intro.) In fiscal year
51999-2000, a portion of the public benefits fee shall be an amount that, when added
6to 50% of the estimated public benefits fees charged by municipal utilities and retail
7electric cooperatives under sub. (5) (a) for that fiscal year, shall equal $24,000,000. 8
In each fiscal year after fiscal year 1999-2000, a portion of the public benefits, the
fee shall be an amount that, when added to the sum of the 10
following shall equal the low-income need target for that fiscal year determined by 11
the department under sub. (2) (d) 1.:
(c) 1. a. Fifty percent of the estimated public benefits The estimated 14low-income assistance
fees charged by municipal utilities and retail electric 15
cooperatives under sub. (5) (a) for that fiscal year.
(c) 1. c. The total amount spent on programs
or contributed to the
by utilities under s. 196.374 (3), 2003 stats.,
for that fiscal year for 19
(c) 3. `Limitation on electric bill increases low-income assistance
.' For the period beginning on October 29, 1999, and ending on June 30, 2008,
24the total increase in a customer's electric bills that is based on the requirement to pay
25public benefits fees, including any increase resulting from an electric utility's
1compliance with this section, In any month, the low-income assistance fee
may not 2
exceed 3% of the total of every other charge for which the customer is billed for that 3period month
or $750 per month
, whichever is less.
(a) Requirement to charge
public benefits low-income assistance fees. 6
Each retail electric cooperative and municipal utility shall charge a monthly public
7benefits low-income assistance
fee to each customer or member in an amount that 8
is sufficient for the retail electric cooperative or municipal utility to collect an annual 9
average of $16 $8
per meter. A retail electric cooperative or municipal utility may 10
determine the amount that a particular class of customers or members is required 11
to pay under this paragraph and may charge different fees to different classes of 12
customers or members.
(am) Public benefits Low-income assistance fee restriction. 15
Notwithstanding par. (a), for the period beginning on October 29, 1999, and ending
16on June 30, 2008, the total increase in a customer's or member's electric bills that is
17based on the requirement to pay public benefits fees, including any increase
18resulting from a retail electric cooperative's or municipal utility's compliance with
19this section, in any month, the low-income assistance fee
may not exceed 3% 1.5
of the total of every other charge for which the member or customer is billed 21
for that period month
or $750 per month $375
, whichever is less.
(b) Commitment to community programs.
1. Except as provided in 24
subd. 2., each retail electric cooperative and municipal utility shall spend on
commitment to community programs the fees that the cooperative or utility charges 2
under par. (a).
2. No later than October 1, 2007, and no later than every 3rd year after that 4
date, each municipal utility or retail electric cooperative shall notify the department 5
whether the utility or cooperative has elected to contribute the fees that the utility 6
or cooperative charges under par. (a) to the programs established under sub. (2) (a) 7
in each year of the 3-year period for which the utility or cooperative has made the 8
election. If a municipal utility or retail electric cooperative elects to contribute to the 9
programs established under sub. (2) (a), the utility or cooperative shall pay the 10
low-income assistance fees that the utility or cooperative collects under par. (a) to 11
the department in each year of the 3-year period for which the utility or cooperative 12
has made the election.
SB459-engrossed, s. 39
16.957 (5) (e) (intro.) and 1. of the statutes are consolidated, 15
renumbered 16.957 (5) (e) and amended to read: