Amendment ASA1-AB649

AB649-ASA1, s. 113 Section 113. 196.374 (3) (c) 1. of the statutes is amended to read:

AB649-ASA1,57,8 196.374 (3) (c) 1. Review and approve contracts under sub. (2) (a) 1. between the energy utilities and program administrators If the energy utilities contract with more than one person under sub. (2) (a) 1., the commission shall determine how to allocate among those persons the requirements under this section involving statewide programs contractors.

AB649-ASA1, s. 114 Section 114. 196.374 (3) (c) 2. (intro.), a. and b. of the statutes are consolidated, renumbered 196.374 (3) (c) 2. (intro.) and amended to read:

AB649-ASA1,57,20 196.374 (3) (c) 2. (intro.) Review requests under sub. (2) (b) for utility-administered, supplemental utility, and large energy customer programs. The commission may condition its approval of a request under sub. (2) (b) as necessary to protect the public interest. The commission shall approve a request under sub. (2) (b) 1. or 2. if the commission determines that a proposed energy efficiency or renewable resource program is in the public interest and satisfies all of the following: a. The program, has specific savings targets and performance measurable performance-based goals approved by the commission. b. The program, is subject to independent evaluation by the commission. , and, for a utility-administered or supplemental utility program, satisfies all of the following:

AB649-ASA1, s. 115 Section 115. 196.374 (3) (c) 2. bm., c., d. and e. of the statutes are created to read:

AB649-ASA1,57,25 196.374 (3) (c) 2. bm. Implementation of the program will complement the statewide programs and enhance the ability of the statewide programs to meet or exceed their goals.

AB649-ASA1,58,2 c. Implementation of the program will enhance the ability of the state to meet its greenhouse gas emission reduction goals under s. 299.03 (2).

AB649-ASA1,58,4 d. Considering alternatives to the program, the costs of the program are reasonable.

AB649-ASA1,58,5 e. The benefits of the program exceed the costs of the program.

AB649-ASA1, s. 116 Section 116. 196.374 (3) (d) of the statutes is amended to read:

AB649-ASA1,58,17 196.374 (3) (d) Audits. Annually, the commission shall contract with one or more independent auditors to prepare a financial and performance audit of the statewide, utility-administered, supplemental utility, and large energy customer programs specified in par. (b) 1. The purpose of the performance audit shall be to evaluate the programs and measure the performance of the programs against the goals and targets set approved by the commission under par. (b) 1. The person or persons with whom the energy utilities contract for program administration under sub. (2) (a) 1. shall pay the costs of the audits from the amounts paid under the contracts under sub. (2) (a) 1 (c) 2. or established under par. (bn) 1. e. or 2. c. The audit shall also determine the amount of reduction in the demand for and use of each target fuel that has resulted in the year under the programs.

AB649-ASA1, s. 117 Section 117. 196.374 (3) (dm) of the statutes is created to read:

AB649-ASA1,58,23 196.374 (3) (dm) Consultations. If an audit under par. (d) indicates that a program has failed to achieve one or more goals for the year of the audit, the commission shall consult with the statewide programs contractor or person administering the program regarding ways to modify the program to ensure that, as determined under sub. (8) (a), it will achieve its goals.

AB649-ASA1, s. 118 Section 118. 196.374 (3) (e) of the statutes is renumbered 196.374 (3) (e) 1m., and 196.374 (3) (e) 1m. a. and b., as renumbered, are amended to read:

AB649-ASA1,59,4 196.374 (3) (e) 1m. a. The expenses of the commission, energy utilities, and program administrators contracted under sub. (2) (a) 1. statewide programs contractors in administering or participating in the statewide programs under sub. (2) (a) 1.

AB649-ASA1,59,8 b. The effectiveness of the statewide, utility-administered, supplemental utility, large energy customer, and commitment to community programs specified in par. (b) 1. and sub. (7) in reducing demand for electricity target fuels, and increasing the use of renewable resources owned by customers or members.

AB649-ASA1, s. 119 Section 119. 196.374 (3) (e) 2m. of the statutes is created to read:

AB649-ASA1,59,21 196.374 (3) (e) 2m. No later than January 1, 2014, the commission shall submit a report to the legislature in the manner described under s. 13.172 (3) on the status, development, and use of small-scale renewable technologies and the costs, benefits, and alternatives for providing additional incentives for the deployment of such technologies on a distributed generation basis. The report shall also recommend goals and mechanisms for encouraging the deployment of such technologies on such a basis, examine any obstacles to achieving the goals, and examine the relationship between the goals and the voluntary tariff offerings of energy utilities, the statewide energy programs, and any relevant federal programs. In preparing the report, the commission shall consult with the office of energy independence, the department of commerce, and the department of agriculture, trade and consumer protection.

AB649-ASA1, s. 120 Section 120. 196.374 (3) (f) 1. of the statutes is amended to read:

AB649-ASA1,60,2 196.374 (3) (f) 1. Procedures for energy utilities to collectively contract with program administrators for administration of statewide programs under sub. (2) (a) 1. and to receive contributions from municipal utilities and retail electric cooperatives under sub. (7) (b) 2. statewide programs contractors.

AB649-ASA1, s. 121 Section 121. 196.374 (3) (f) 2. of the statutes is amended to read:

AB649-ASA1,60,7 196.374 (3) (f) 2. Procedures and criteria for commission review and approval of contracts for administration of statewide programs under sub. (2) (a) 1., including criteria for the selection of program administrators under sub. (2) (a) 1. statewide programs contractors.

AB649-ASA1, s. 122 Section 122. 196.374 (3) (f) 3. of the statutes is amended to read:

AB649-ASA1,60,12 196.374 (3) (f) 3. Procedures and criteria for commission review and approval of utility-administered, supplemental utility, and large energy customer programs under sub. (2) (b) 1. and 2., customer programs under sub. (2) (c), and requests under sub. (2) (b) 3.

AB649-ASA1, s. 123 Section 123. 196.374 (3) (f) 4. of the statutes is amended to read:

AB649-ASA1,60,17 196.374 (3) (f) 4. Minimum requirements for energy efficiency and renewable resource the statewide, utility-administered, supplemental utility, and large energy customer programs under sub. (2) (a) 1. and customer energy efficiency programs under sub. (2) (c).

AB649-ASA1, s. 124 Section 124. 196.374 (4) (a) (intro.) of the statutes is amended to read:

AB649-ASA1,60,23 196.374 (4) (a) (intro.) In implementing the statewide programs under sub. (2) (a) 1. or administering a commitment to community program under a contract under sub. (7) (am) 2., including the awarding of grants or contracts, a person who contracts with the utilities under sub. (2) (a) 1., a statewide programs contractor or a person who subcontracts with such a person a statewide programs contractor:

AB649-ASA1, s. 125 Section 125. 196.374 (4) (a) 1. of the statutes is amended to read:

AB649-ASA1,61,3 196.374 (4) (a) 1. May not discriminate against an energy utility provider or its affiliate or a wholesale supplier or its affiliate solely on the basis of its status as an energy utility provider or its affiliate or wholesale supplier or its affiliate.

AB649-ASA1, s. 126 Section 126. 196.374 (4) (a) 2. of the statutes is amended to read:

AB649-ASA1,61,6 196.374 (4) (a) 2. Shall provide services to utility customers target fuel users on a nondiscriminatory basis and subject to a customer's user's choice.

AB649-ASA1, s. 127 Section 127. 196.374 (4) (b) of the statutes is amended to read:

AB649-ASA1,61,15 196.374 (4) (b) An energy utility that provides financing under an energy efficiency program under sub. (2) (b) 1. or 2. a utility-administered or supplemental utility program for installation, by a customer, of energy efficiency or renewable resource processes, equipment, or appliances, or an affiliate of such a utility, may not sell to or install for the customer those processes, equipment, appliances, or related materials. The customer shall acquire the installation of the processes, equipment, appliances, or related materials from an independent contractor of the customer's choice.

AB649-ASA1, s. 128 Section 128. 196.374 (5) (a) of the statutes is amended to read:

AB649-ASA1,61,21 196.374 (5) (a) Rate-making orders. The commission shall ensure in rate-making orders that an energy utility recovers from its ratepayers the amounts the energy utility spends for pays for statewide programs and the costs the energy utility incurs for utility-administered and supplemental utility programs under sub. (2) (a) 1.

AB649-ASA1, s. 129 Section 129. 196.374 (5) (b) 1. and (bm) 3. of the statutes are consolidated, renumbered 196.374 (5) (b) 1. and amended to read:

AB649-ASA1,62,8 196.374 (5) (b) 1. Except as provided in sub. (2) (c) and par. (bm) 2. subds. 3. and 4., if the commission has determined that a customer of an energy utility is a large energy customer under 2005 Wisconsin Act 141, section 102 (8) (b), then, each month, the energy utility shall collect from the customer, for recovery of amounts under par. (a), the amount determined by the commission under 2005 Wisconsin Act 141, section 102 (8) (c). (bm) 3. Until the proposal under subd. 1. takes effect, the The commission may not include the revenues received from a large energy customer in the calculation of operating revenues for purposes of sub. (3) (b) 2. this subdivision for an energy utility that in 2005 did not collect revenues from its customers under s. 196.374 (3), 2003 stats.

AB649-ASA1, s. 130 Section 130. 196.374 (5) (b) 2. of the statutes is amended to read:

AB649-ASA1,62,23 196.374 (5) (b) 2. A customer of an energy utility that the commission has not determined is a large energy customer under 2005 Wisconsin Act 141, section 102 (8) (b), may petition the commission for a determination that the customer is a large energy customer. The commission shall determine that a petitioner is a large energy customer if the petitioner satisfies the definition of large energy customer for any month in the 12 months preceding the date of the petition. If the commission makes such a determination, the commission shall also determine the amount that the energy utility may collect from the customer each month for recovery of the amounts under par. (a). The commission shall determine an amount that ensures that the amount collected from the customer is similar to the amounts collected from other customers that have a similar level of energy costs as the customer. Except as provided in sub. (2) (c) and par. (bm) 2. subds. 3. and 4., each month, the energy utility shall collect from the customer, for recovery of amounts under par. (a), the amount determined by the commission under this subdivision.

AB649-ASA1, s. 131 Section 131. 196.374 (5) (b) 4. of the statutes is created to read:

AB649-ASA1,63,6 196.374 (5) (b) 4. In addition to the amounts that an energy utility may collect from a large energy customer under subd. 1. or 2., the energy utility may collect from the customer the customer's share of any amount that the energy utility is required to pay a statewide programs contractor which exceeds 1.2 percent of the energy utility's annual operating revenues for a year and the customer's share is subject to par. (d).

AB649-ASA1, s. 132 Section 132. 196.374 (5) (bm) (title) of the statutes is repealed.

AB649-ASA1, s. 133 Section 133. 196.374 (5) (bm) 1. of the statutes, as affected by 2009 Wisconsin Act 180, is repealed.

AB649-ASA1, s. 134 Section 134. 196.374 (5) (bm) 2. of the statutes is renumbered 196.374 (5) (b) 3. and 196.374 (5) (b) 3. (intro.), as renumbered, is amended to read:

AB649-ASA1,63,16 196.374 (5) (b) 3. If, by July 1, 2009, legislation based on the proposal under subd. 1. has not been enacted, the The commission shall, beginning on July 1, 2009, annually increase the amount that an energy utility may recover from a large energy customer each month under par. (b) subd. 1. or 2. only by a percentage that is the lesser of the following:

AB649-ASA1, s. 135 Section 135. 196.374 (5) (d) of the statutes is amended to read:

AB649-ASA1,63,22 196.374 (5) (d) Equitable contributions. Subject to pars. (b) and (bm) 2. par. (b) 1. to 3., the commission shall ensure that the cost of energy efficiency and renewable resource the statewide and utility-administered programs is equitably divided among customer classes so that similarly situated ratepayers contribute equivalent amounts for the programs.

AB649-ASA1, s. 136 Section 136. 196.374 (5m) (a) of the statutes is amended to read:

AB649-ASA1,64,12 196.374 (5m) (a) The commission shall ensure that, on an annual basis, each customer class of an energy utility has the opportunity to receive grants and benefits under energy efficiency the statewide and utility-administered programs in an amount equal to the amount that is recovered from the customer class under sub. (5) (a) equitable manner that meets the reasonable needs of the class for the grants and benefits and that is consistent with par. (am). The commission shall also ensure that the amounts recovered from ratepayers under sub. (5) (a) are used for the benefit of ratepayers and that end users of unregulated fuels receive grants and benefits under the statewide programs in an amount equal to the amount paid by prime suppliers to statewide program contractors under sub. (3) (bw) 4. Biennially, the commission shall submit a report to the governor, and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), that summarizes the total amount recovered from each energy utility customer class and the total amount of grants made to, and benefits received by, each customer class.

AB649-ASA1, s. 137 Section 137. 196.374 (5m) (am) of the statutes is created to read:

AB649-ASA1,64,19 196.374 (5m) (am) The commission shall ensure that the statewide and utility-administered programs are administered in a manner that targets agricultural, commercial, industrial, and institutional sectors in order to achieve the available, most cost-effective energy conservation and efficiency measures that have the greatest potential to enable the state to meet or exceed the goals specified in s. 299.03 (2) and (3m) (a) and (b) at the lowest costs.

AB649-ASA1, s. 138 Section 138. 196.374 (5m) (b) of the statutes is amended to read:

AB649-ASA1,65,2 196.374 (5m) (b) The commission shall ensure that customers target fuel users throughout the state have an equivalent opportunity to receive the benefits of the statewide and utility-administered programs under sub. (2) (a) 1. and (b) 1. The commission shall ensure that the statewide programs are designed to ensure that retail customers target fuel users in areas not served by utility-administered programs under sub. (2) (b) 1. receive equivalent opportunities as those in areas served by utility-administered programs under sub. (2) (b) 1.

AB649-ASA1, s. 139 Section 139. 196.374 (6) of the statutes is amended to read:

AB649-ASA1,65,9 196.374 (6) Annual statements. Annually, the commission shall prepare a statement that describes the statewide, utility-administered, supplemental utility, and large energy customer programs under sub. (2) (a) 1., (b) 1. and 2., and (c), and ordered programs, administered or funded by the energy utility and presents cost and benefit information for those programs. An energy utility shall provide each of its customers with a copy of the statement.

AB649-ASA1, s. 140 Section 140. 196.374 (7) (a) of the statutes is repealed.

AB649-ASA1, s. 141 Section 141. 196.374 (7) (am) of the statutes is created to read:

AB649-ASA1,65,16 196.374 (7) (am) Quadrennial funding of goals. Except as provided in par. (bg), in each year of the quadrennium following the proceeding under sub. (3) (bc), each municipal utility and retail electric cooperative shall spend the amount determined by the municipal utility or retail electric cooperative under sub. (3) (br) 2. for that year on the following:

AB649-ASA1,65,19 1. Commitment to community programs administered individually by the municipal utility or retail electric cooperative or jointly by the municipal utility or retail cooperative and other municipal utilities or retail electric cooperatives.

AB649-ASA1,65,22 2. Contracts with a statewide programs contractor to administer commitment to community programs in the service territory of the municipal utility or retail electric cooperative.

AB649-ASA1,65,25 3. Contracts with a wholesale supplier to administer commitment to community programs in the service territory of the municipal utility or retail electric cooperative.

AB649-ASA1,66,2 4. Any combination of commitment to community programs or contracts under subds. 1. to 3.

AB649-ASA1, s. 142 Section 142. 196.374 (7) (b) (title) of the statutes is renumbered 196.374 (7) (br) (title).

AB649-ASA1, s. 143 Section 143. 196.374 (7) (b) 1. of the statutes is renumbered 196.374 (7) (br) and amended to read:

AB649-ASA1,66,11 196.374 (7) (br) Except as provided in subd. 2., each retail electric cooperative and municipal utility shall spend the fees that it charges under par. (a) on commitment to community programs. The purpose of the commitment to community programs under this paragraph shall be to help achieve environmentally sound and adequate energy supplies at reasonable cost.

AB649-ASA1, s. 144 Section 144. 196.374 (7) (b) 2. of the statutes is repealed.

AB649-ASA1, s. 145 Section 145. 196.374 (7) (bg) of the statutes is created to read:

AB649-ASA1,66,19 196.374 (7) (bg) Wholesale supplier assignments. A municipal utility or retail electric cooperative may assign to a wholesale supplier the duty to achieve a goal determined for the municipal utility or retail electric cooperative under sub. (3) (bn) 1. f. for a regulated fuel. If a wholesale supplier accepts an assignment, the wholesale supplier shall notify the commission. A wholesale supplier that accepts an assignment shall do all of the following:

AB649-ASA1,66,20 1. Determine the amount of funds necessary to achieve the assigned goal.

AB649-ASA1,66,23 2. Spend the amount determined under subd. 1. in administering commitment to community programs on behalf of the municipal utility or retail electric cooperative.

AB649-ASA1,66,25 3. Prepare and provide statements on behalf of the municipal utility or retail electric cooperative under par. (dm).

AB649-ASA1,67,2 4. Provide for audits and submit reports on behalf of the municipal utility or retail electric cooperative under par. (e).

AB649-ASA1,67,6 5. If the wholesale supplier accepts an assignment from more than one municipal utility or retail electric cooperative, carry out the duties specified in subds. 1. to 4. on an aggregate basis for all the municipal utilities and retail electric cooperatives for which the wholesale supplier has accepted an assignment.

AB649-ASA1, s. 146 Section 146. 196.374 (7) (c) of the statutes is repealed.

AB649-ASA1, s. 147 Section 147. 196.374 (7) (cm) of the statutes is created to read:

AB649-ASA1,67,11 196.374 (7) (cm) Cost recovery. The commission shall ensure in rate-making orders that a municipal utility recovers from its ratepayers the amounts the municipal utility spends to comply with this section.

AB649-ASA1, s. 148 Section 148. 196.374 (7) (d) of the statutes is repealed.

AB649-ASA1, s. 149 Section 149. 196.374 (7) (dm) of the statutes is created to read:

AB649-ASA1,67,17 196.374 (7) (dm) Annual statements. Annually, a municipal utility or retail electric cooperative shall prepare a statement that describes the municipal utility's or retail electric cooperative's commitment to community programs and provide customers or members with a copy of the statement.

AB649-ASA1, s. 150 Section 150. 196.374 (7) (e) (title) of the statutes is repealed and recreated to read:

AB649-ASA1,67,20 196.374 (7) (e) (title) Audits and reports.

AB649-ASA1, s. 151 Section 151. 196.374 (7) (e) 1. (intro.) of the statutes is amended to read:

AB649-ASA1,68,2 196.374 (7) (e) 1. (intro.) Annually, each municipal utility and retail electric cooperative that spends the fee that it charges under par. (a) for commitment to community programs under par. (b) shall provide for an independent financial and program audit of its the commitment to community programs that it administers or for which it contracts under par. (am) and submit a report to the commission that describes all of the following:

AB649-ASA1, s. 152 Section 152. 196.374 (7) (e) 1. a. of the statutes is amended to read:

AB649-ASA1,68,9 196.374 (7) (e) 1. a. An accounting of any fees charged to customers or members under par. (a) in the year in order to comply with the spending required under par. (am) and an accounting of the expenditures in the year on commitment to community programs under par. (b), including any amounts included in the municipal utility's or retail electric cooperative's calculations under par. (c) that the municipal utility or retail electric cooperative administers or for which it contracts under par. (am).

AB649-ASA1, s. 153 Section 153. 196.374 (7) (e) 1. b. of the statutes is amended to read:

AB649-ASA1,68,13 196.374 (7) (e) 1. b. A description of the commitment to community programs established by the municipal utility or retail electric cooperative in the year described in subd. 1. a.

AB649-ASA1, s. 154 Section 154. 196.374 (7) (e) 1. c. of the statutes is amended to read: