SB459,36,2410
196.378
(2) (c) No later than April 15 annually,
or another annual date specified
11by the commission by rule, an electric provider shall submit a report to the
12department commission that
identifies the electric provider's renewable energy
13percentage for the previous year and describes the electric provider's compliance
14with par. (a)
and the electric provider's implementation plans for future compliance.
15Reports under this paragraph may include certifications from wholesale suppliers
16regarding the sources and amounts of energy supplied to an electric provider. The
17department commission may specify the documentation that is required to be
18included with reports submitted under this paragraph.
The commission may require
19that electric providers submit the reports in a proceeding, initiated by the
20commission under this section relating to the implementation of s. 1.12, or in a
21proceeding for preparing a strategic energy assessment under s. 196.491 (2). No later
22than 90 days after the commission's receipt of an electric provider's report, the
23commission shall inform the electric provider whether the electric provider is in
24compliance with par. (a).
SB459, s. 107
25Section
107. 196.378 (2) (e) of the statutes is repealed and recreated to read:
SB459,37,4
1196.378
(2) (e) An electric provider may request that the commission grant a
2delay for complying with a deadline specified in par. (a) if, after notice and
3opportunity to be heard, the electric provider demonstrates good faith efforts to
4comply with the deadline and the electric provider demonstrates any of the following:
SB459,37,75
1. Notwithstanding reasonable efforts to protect against undesirable impacts
6on the reliability of an electric provider's system, compliance with the deadline will
7have an undesirable impact on the reliability of the electric provider's system.
SB459,37,118
2. Notwithstanding reasonable efforts to protect against excessive increases in
9rates of the electric provider's ratepayers, compliance with the deadline will result
10in excessive increases in rates of the electric provider's ratepayers, including
11increases that are due to discontinuation of federal renewable energy tax credits.
SB459,37,1412
3. Notwithstanding reasonable efforts to obtain required approvals, the electric
13provider or a supplier has experienced or will experience delays in receiving required
14siting or permitting approvals for renewable energy projects.
SB459,37,1815
4. Notwithstanding reasonable efforts to secure transmission service, the
16electric provider faces transmission constraints that interfere with the economic and
17reliable delivery of electricity derived from renewable resources to the electric
18provider's system.
SB459, s. 108
19Section
108. 196.378 (3) (a) of the statutes is renumbered 196.378 (3) (a) 1. and
20amended to read:
SB459,38,1121
196.378
(3) (a) 1.
An Subject to subd. 2., an electric provider that provides total
22renewable energy to its retail electric customers or members in excess of the
23percentages specified in sub. (2) (a)
1. to 6. may, in the applicable year,
create a
24renewable resource credit and sell to any other electric provider
a the renewable
25resource credit or a portion of
a the renewable resource credit at any negotiated
1price.
Alternatively, an An electric provider
that creates or purchases a renewable
2resource credit or portion may use
a renewable resource the credit or portion
of a
3renewable resource credit in a subsequent year
, as provided under par. (c), to
4establish compliance with sub. (2) (a). The commission shall promulgate rules that
5establish requirements for the
creation and use of a renewable resource credit,
6including calculating the amount of a renewable resource credit.
The commission
7shall also promulgate rules that allow a wholesale customer of an electric provider
8to use an allocated portion of a credit, which is created or purchased by the electric
9provider, to establish compliance with sub. (2) (a), but only if the cost of renewable
10resources is included in wholesale rates paid by the wholesale customer. The rules
11shall specify the manner for making such an allocation.
SB459, s. 109
12Section
109. 196.378 (3) (a) 2. of the statutes is created to read:
SB459,38,1813
196.378
(3) (a) 2. The commission shall promulgate rules for calculating the
14amount of a renewable resource credit that is created from a renewable facility
15placed into service before January 1, 2004. The rules shall provide that the amount
16of a renewable resource credit created from such a renewable facility after January
171, 2004, is limited to the incremental increase in output from the renewable facility
18that is due to capacity improvements made after January 1, 2004.
SB459, s. 110
19Section
110. 196.378 (3) (b) of the statutes is amended to read:
SB459,38,2120
196.378
(3) (b) The commission may promulgate rules that establish
21requirements and procedures for a sale under par. (a)
1.
SB459, s. 111
22Section
111. 196.378 (3) (c) of the statutes is created to read:
SB459,39,423
196.378
(3) (c) A renewable resource credit created under s. 196.378 (3) (a),
242003 stats., may not be used after December 31, 2011. A renewable resource credit
25created under par. (a) 1. or 2., as affected by 2005 Wisconsin Act .... (this act), may
1not be used after the 4th year after the year in which the credit is created, except the
2commission may promulgate rules specifying a different period of time if the
3commission determines that such period is necessary for consistency with any
4regional renewable resource credit trading program that applies in this state.
SB459, s. 112
5Section
112. 196.378 (4m) of the statutes is created to read:
SB459,39,126
196.378
(4m) State energy policy. The commission's actions under this section
7are considered to satisfy the requirements of s. 1.12 (3) (b) and (4) (b) and (c), and the
8requirements of s. 1.12 (5) that relate to the generation of electric power from
9renewable energy resources. An electric provider's application under s. 196.49 or
10196.491 (3) is not subject to the requirements of s. 196.025 (1) relating to the
11generation of electric power from renewable energy resources if the electric provider
12is in compliance with sub. (2) (a) or is granted a delay under sub. (2) (e).
SB459, s. 114
14Section
114. 285.48 (1) (c) of the statutes is amended to read:
SB459,39,1815
285.48
(1) (c) "Midcontinent area"
has the meaning given in s. 16.958 (1) (e) 16means the geographic area served by the Mid-Continent Area Power Pool reliability
17council of the North American Electric Reliability Council, as such councils existed
18in 1999.
SB459, s. 115
19Section
115. 285.48 (2) of the statutes is amended to read:
SB459,40,320
285.48
(2) Applicability. This section applies if the department of natural
21resources, pursuant to a call, issues a state implementation plan that requires
22electric generating facilities in the midcontinent area of this state to comply with
23nitrogen oxide emission reduction requirements.
If the department of natural
24resources issues such a plan, the department of natural resources shall notify the
25department of administration and the public service commission. The notice shall
1specify the date on which electric generating facilities in the midcontinent area of
2this state are required to comply with the initial nitrogen oxide emission reduction
3requirements.
SB459, s. 116
4Section
116. 285.48 (3) (d) 3. of the statutes is repealed.
SB459, s. 117
5Section
117. 285.48 (3) (d) 4. of the statutes is repealed.
SB459, s. 118
6Section
118. 285.48 (4) (a) of the statutes is amended to read:
SB459,40,117
285.48
(4) (a) The use of renewable energy, including renewable energy that
8is provided by electric providers for the purpose of complying with the requirements
9of s. 196.378 (2) (a), or renewable energy that is used under programs
specified in s.
10196.374 (2) (d) that are funded by expenditures under s. 196.374 (3) established
11under s. 16.957 (2) (b).
SB459, s. 119
12Section
119. 285.48 (4) (b) of the statutes is amended to read:
SB459,40,1813
285.48
(4) (b) The implementation of low-income weatherization and energy
14conservation measures, including programs established under s. 16.957 (2) (a) or (b)
15or programs
specified in s. 196.374 (2) (a) or (b) that are funded by expenditures
16under s. 196.374 (3) administered by electric utilities under s. 196.374 (3m) (d) or (e)
17or by utilities, as defined in s. 196.374 (1) (c), 2003 stats., under s. 196.374 (3), 2003
18stats.
SB459,41,720
(1)
Review of Energy Conservation Code. Notwithstanding section 101.027
21(3) (a) and (b) of the statutes, the department of commerce shall begin a review of the
22energy conservation code, as defined in section 101.027 (1) (a) of the statutes, on the
23effective date of this subsection and shall complete that review and submit proposed
24rules changing the energy conservation code as provided in section 101.027 (2) of the
25statutes to the legislative council staff under section 227.15 (1) of the statutes by no
1later than the first day of the 18th month beginning after the effective date of this
2subsection. Notwithstanding section 101.027 (2) of the statutes, in conducting the
3review under this subsection, the department of commerce, to the extent practicable,
4shall consider incorporating into the energy conservation code design requirements
5from the most current national energy efficiency design standards for new buildings,
6except low-rise residential buildings, published by the American society of heating,
7refrigerating, and air-conditioning engineers.
SB459,41,138
(2)
Anaerobic digestor research. The department of agriculture, trade and
9consumer protection shall include, as part of its 2007-09 biennial budget request
10that it submits to the department of administration under section 16.42 of the
11statutes, a proposal to provide additional funding for the research and development
12of anaerobic digestors at farms participating in the discovery farms program under
13the Wisconsin agricultural stewardship initiative.
SB459,41,1715
(1)
Energy efficiency standards. The treatment of sections 16.855 (10s) and
1620.924 (1) (j) of the statutes first applies with respect to projects for which design
17work begins on the effective date of this subsection.
SB459, s. 122
18Section
122.
Effective dates. This act takes effect on the day after
19publication, except as follows:
SB459,41,2220
(1)
Energy efficiency standards for equipment installed in state building
21projects. The treatment of sections 16.855 (10s) and 20.924 (1) (j) of the statutes and
22Section 120 (1) of this act takes effect on January 1, 2007.