Amendment ASA1-AB649

AB649-ASA1, s. 275 Section 275. 196.494 (1) (a) of the statutes is amended to read:

AB649-ASA1,108,4 196.494 (1) (a) "Electric utility" means a public utility, other than a municipal utility, as defined in s. 196.377 (2) (a) 3., that provides retail electric service to customers in this state.

AB649-ASA1, s. 276 Section 276. 196.494 (1) (am) of the statutes is created to read:

AB649-ASA1,108,7 196.494 (1) (am) "Municipal utility" means a public utility that is a municipality or that is wholly owned or operated by a city, village, or town.

AB649-ASA1, s. 277 Section 277. 196.52 (9) (g) of the statutes is amended to read:

AB649-ASA1,108,14 196.52 (9) (g) Nothing in this subsection prohibits a cooperative association organized under ch. 185, a municipal utility, as defined in s. 196.377 (2) (a) 3. 196.494 (1) (am), or a municipal electric company, as defined in s. 66.0825 (3) (d), from acquiring an interest in an electric generating facility that is constructed pursuant to a leased generation contract or from acquiring an interest in land on which such an electric generating facility is located.

AB649-ASA1, s. 278 Section 278. 196.65 (1) of the statutes is renumbered 196.65 (1r).

AB649-ASA1, s. 279 Section 279. 196.65 (1g) of the statutes is created to read:

AB649-ASA1,108,17 196.65 (1g) In this section, "public utility" includes all of the following:

AB649-ASA1,108,21 (a) The owner or operator of a nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1,108,22 (b) A prime supplier, as defined in s. 196.374 (1) (ig).

AB649-ASA1, s. 280 Section 280. 196.65 (2) of the statutes is amended to read:

AB649-ASA1,109,2 196.65 (2) A penalty of not less than $500 nor more than $5,000 shall be recovered from the public utility for each offense under sub. (1) (1r) if the officer, agent or employee of the public utility acted in obedience to the direction, instruction or request of the public utility or any general officer of the public utility.

AB649-ASA1, s. 281 Section 281. 196.66 (1) of the statutes is renumbered 196.66 (1r).

AB649-ASA1, s. 282 Section 282. 196.66 (1g) of the statutes is created to read:

AB649-ASA1,109,6 196.66 (1g) Definition. In this section, "public utility" includes all of the following:

AB649-ASA1,109,10 (a) The owner or operator of a nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1,109,11 (b) A prime supplier, as defined in s. 196.374 (1) (ig).

AB649-ASA1, s. 283 Section 283. 196.66 (2) of the statutes is amended to read:

AB649-ASA1,109,18 196.66 (2) Each day separate offense. Every day during which any public utility or any officer, agent, as defined in sub. (3) (a), or employee of a public utility fails to comply with any order or direction of the commission or to perform any duty enjoined by this chapter or ch. 197 shall constitute a separate and distinct violation under sub. (1) (1r). If the order is suspended, stayed or enjoined, this penalty shall not accrue.

AB649-ASA1, s. 284 Section 284. 196.66 (4) (b) of the statutes is amended to read:

AB649-ASA1,109,23 196.66 (4) (b) If a public utility fails to comply with any rule, order or direction of the commission after actual receipt by the public utility of written notice from the commission specifying the failure, the maximum forfeiture under sub. (1) (1r) shall be $15,000.

AB649-ASA1, s. 285 Section 285. 196.795 (6m) (a) 4m. of the statutes is created to read:

AB649-ASA1,110,5 196.795 (6m) (a) 4m. "Nonutility nuclear power plant" means a nonutility nuclear power plant, as defined in s. 196.491 (1) (i), that is located in the reliability council area and that is owned, operated, or controlled by an affiliated interest of a public utility. This subdivision takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 286 Section 286. 196.795 (6m) (cm) of the statutes is created to read:

AB649-ASA1,110,12 196.795 (6m) (cm) Nonutility nuclear power plants. The assets of a nonutility nuclear power plant shall not be included in the sum of the assets of a public utility affiliate under par. (b) 1. a., b., or c. and shall not be included in a nonutility affiliate's total assets under par. (b) 2. a. if the requirements specified in s. 196.491 (3m) (a) 1. and 2. are satisfied. This paragraph takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 287 Section 287. 196.795 (11) (b) of the statutes is amended to read:

AB649-ASA1,110,24 196.795 (11) (b) This section shall be deemed to legalize and confirm the formation, prior to November 28, 1985, of any holding company, which is not itself a public utility, and shall be deemed to legalize and confirm the operations and issuances of securities of the holding company, except that nothing in this section shall be deemed to prevent the commission from imposing reasonable terms, limitations or conditions on any holding company which are consistent with the requirements of sub. (6m) (c) or to (d) or which are consistent with and necessary to satisfy the requirements of sub. (5) (b) to (o) and (q) to (s) or which relate to future investments by the holding company unless the holding company owns, operates, manages or controls a telecommunications utility and does not also own, operate, manage or control a public utility which is not a telecommunications utility.

AB649-ASA1, s. 288 Section 288. 196.80 (1r) of the statutes is created to read:

AB649-ASA1,111,4 196.80 (1r) (a) In this subsection, "nuclear power plant" means a nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1,111,8 (b) With the consent and approval of the commission but not otherwise an owner or operator of a nuclear power plant may sell, acquire, lease, or rent any nuclear power plant or property constituting an operating unit or system of a nuclear power plant.

AB649-ASA1, s. 289 Section 289. 196.85 (1m) (a) of the statutes is amended to read:

AB649-ASA1,111,17 196.85 (1m) (a) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.491, the term "public utility" includes electric utilities, as defined in s. 196.491 (1) (d). Subsection (1) (b) does not apply to assessments for the commission's activities under s. 196.491 related to the construction of wholesale merchant plants , as defined in s. 196.491 (1) (w) or, beginning on the date specified in the notice published under s. 196.493 (3) (b), related to the construction of nonutility nuclear power plants, as defined in s. 196.491 (1) (i).

AB649-ASA1, s. 290 Section 290. 196.85 (1m) (e) of the statutes is created to read:

AB649-ASA1,111,22 196.85 (1m) (e) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.374, the term "public utility" includes retail electric cooperatives, as defined in s. 196.374 (1) (L), and prime suppliers, as defined in s. 196.374 (1) (ig).

AB649-ASA1, s. 291 Section 291. 285.60 (11) of the statutes is created to read:

AB649-ASA1,112,3 285.60 (11) Reducing greenhouse gas emissions. As part of its continual assessment under sub. (10) in 2010 and 2011, the department shall develop and implement measures to lessen permit obligations under this section and ss. 281.61 to 281.65 for the construction, reconstruction, replacement, or modification of a stationary source if all of the following apply:

AB649-ASA1,112,5 (a) The owner or operator of the stationary source is not required to obtain a major source construction permit for the proposed project.

AB649-ASA1,112,7 (b) The construction, reconstruction, replacement, or modification would significantly reduce emissions of greenhouse gasses, as defined in s. 299.03 (1) (d).

AB649-ASA1,112,9 (c) The proposed project satisfies other requirements specified by the department by rule.

AB649-ASA1, s. 292 Section 292. 292.75 (5) of the statutes is renumbered 292.75 (5) (a).

AB649-ASA1, s. 293 Section 293. 292.75 (5) (a) 2m. of the statutes is created to read:

AB649-ASA1,112,12 292.75 (5) (a) 2m. Whether the project is a qualifying project under sub. (5m).

AB649-ASA1, s. 294 Section 294. 292.75 (5) (b) of the statutes is created to read:

AB649-ASA1,112,16 292.75 (5) (b) The department may give greater weight to the criterion under par. (a) 2m. than to the other criteria under par. (a) in determining whether to award a grant.

AB649-ASA1, s. 295 Section 295. 292.75 (5m) of the statutes is created to read:

AB649-ASA1,112,21 292.75 (5m) Qualifying projects. A proposed project is a qualifying project for the purposes of subs. (5) (a) 2m. and (7) (b) if the project will result in a reduction of travel, energy use, or emissions of greenhouse gases, as defined in s. 299.03 (1) (d), or if one of the following applies:

AB649-ASA1,112,25 (a) The eligible site or facility is located in an area that is designated for traditional neighborhood development, as defined in s. 66.1027 (1) (c), in a comprehensive plan adopted under s. 66.1001 and at least one of the following applies:

AB649-ASA1,112,26 1. The area is surrounded by or is adjacent to existing development.

AB649-ASA1,113,4 2. The area is within a sewer service territory in the sewer service area provisions of an areawide water quality management plan under s. 283.83 approved by the department.

AB649-ASA1,113,5 3. The area consists primarily of blighted properties.

AB649-ASA1,113,7 4. The area meets other criteria, specified by the department by rule, designed to ensure that the project reduces greenhouse gas emissions.

AB649-ASA1,113,10 (b) The city, village, town, or county in which the eligible site or facility is located has adopted the design standards under s. 101.027 (4) and the eligible site or facility is in an area that is subject to the design standards.

AB649-ASA1,113,11 (c) All of the following apply:

AB649-ASA1,113,16 1. The eligible site or facility is located in an area that is subject to either a charter under s. 299.83 (7e) issued to an association of entities that includes the city, village, town, or county in which the area is located or a participation contract under s. 299.83 (6) entered into by the city, village, town, or county in which the area is located.

AB649-ASA1,113,22 2. The department determines, in consultation with the department of commerce, the department of administration, the public service commission, and the office of energy independence, that implementation of the charter or the participation contract is likely to result in significant reductions in emissions of greenhouse gases, as defined in s. 299.03 (1) (d), or in energy use by public or private entities within the city, village, town, or county.

AB649-ASA1,114,5 (d) The eligible site or facility is located in a city, village, town, or county that participates in tier I under s. 299.83 (3), the area in which the eligible site or facility is located is affected by the participation in tier I, and the department of natural resources determines, in consultation with the department of commerce, the department of administration, the public service commission, and the office of energy independence, that the participation in tier I is likely to result in significant reductions in emissions of greenhouse gases, as defined in s. 299.03 (1) (d), or in energy use by public or private entities within the city, village, town, or county.

AB649-ASA1, s. 296 Section 296. 292.75 (7) of the statutes is renumbered 292.75 (7) (a) and amended to read:

AB649-ASA1,114,11 292.75 (7) (a) The Except as provided under par. (b), the department may not distribute a grant unless the applicant contributes matching funds equal to 20% 20 percent of the grant. Matching funds may be in the form of cash or in-kind contribution or both.

AB649-ASA1, s. 297 Section 297. 292.75 (7) (b) of the statutes is created to read:

AB649-ASA1,114,15 292.75 (7) (b) The department may promulgate a rule that specifies a minimum contribution of matching funds by an applicant that is less than 20 percent of a grant for a project if the project is a qualifying project under sub. (5m).

AB649-ASA1, s. 298 Section 298. 299.03 of the statutes is created to read:

AB649-ASA1,114,17 299.03 Greenhouse gas emission goals. (1) Definitions. In this section:

AB649-ASA1,114,23 (a) "Annual net greenhouse gas emissions" means the amount of greenhouse gasses, measured as tons of carbon dioxide equivalent, emitted to the atmosphere by all sources and activities in this state in a year minus the amount of greenhouse gasses, measured as tons of carbon dioxide equivalent, removed from the atmosphere by all sources and activities , including by carbon sequestration, in this state in the year.

AB649-ASA1,115,2 (b) "Carbon dioxide equivalent" means the amount of carbon dioxide that has the equivalent radiative effect as a specified amount of a greenhouse gas, calculated by multiplying the specified amount of the greenhouse gas by its global warming potential.

AB649-ASA1,115,4 (bm) "Carbon sequestration" means the long-term storage of carbon in water bodies, soil, vegetation, or geologic formations.

AB649-ASA1,115,6 (c) "Global warming potential" means the relative radiative effect of a greenhouse gas compared to the radiative effect of carbon dioxide.

AB649-ASA1,115,9 (d) "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, sulphur hexafluoride, nitrogen trifluoride, a hydrofluorocarbon, a perfluorocarbon, or any other gas identified by the department under sub. (4).

AB649-ASA1,115,11 (dm) "Radiative effect" means the capability of a gas in the atmosphere to absorb infrared radiation that is emitted from the earth's surface.

AB649-ASA1,115,13 (e) "Renewable energy generation" means the generation of energy using a renewable resource, as defined in s. 196.374 (1) (j).

AB649-ASA1,115,14 (f) "Zero net energy building" means one of the following:

AB649-ASA1,115,16 1. A building that annually, based on a 3-year average, uses no more energy than is provided by on-site renewable energy generation.

AB649-ASA1,115,20 2. One of 2 or more buildings that have an integrated system of energy supply and use and that together annually, based on a 3-year average, use no more energy than is provided by renewable energy generation that is part of the integrated system.

AB649-ASA1,115,23 (2) Greenhouse gas emission reduction goals. (a) It is the goal of this state that annual net greenhouse gas emissions in 2014 are no greater than annual net greenhouse gas emissions in 2005.

AB649-ASA1,115,25 (b) It is the goal of this state that annual net greenhouse gas emissions in 2022 are at least 22 percent less than annual net greenhouse gas emissions in 2005.

AB649-ASA1,116,3 (c) It is the goal of this state that annual net greenhouse gas emissions in 2050 and each year thereafter are at least 75 percent less than annual net greenhouse gas emissions in 2005.

AB649-ASA1,116,5 (d) It is the goal of this state to make continuous progress in reducing net greenhouse gas emissions in order to achieve the goals in pars. (a), (b), and (c).

AB649-ASA1,116,8 (3) New building energy use goal. It is the goal of this state that, by 2030, all newly constructed residential and commercial buildings are zero net energy buildings.

AB649-ASA1,116,12 (3m) Statewide energy conservation goals. (a) Electricity. It is the goal of this state to reduce the statewide consumption of electricity in each year by an amount not less than the product of the public service commission's projection of the statewide consumption of electricity for the year and the following percentages:

AB649-ASA1,116,13 1. In 2011, 1 percent.

AB649-ASA1,116,14 2. In 2012, 1.25 percent.

AB649-ASA1,116,15 3. In 2013, 1.5 percent.

AB649-ASA1,116,16 4. In 2014, 1.75 percent.

AB649-ASA1,116,17 5. In 2015 and each year thereafter, 2 percent.

AB649-ASA1,116,21 (am) Small scale renewable facilities. It is the goal of this state that by 2025 at least 1 percent of the renewable energy, as defined in s. 196.378 (1r) (fg), produced in this state annually is derived from renewable facilities, as defined in s. 196.378 (1r) (g), that are designed for nominal operation at a capacity of 10 megawatts or less.

AB649-ASA1,117,2 (b) Liquified petroleum gas, heating oil, and natural gas. It is the goal of this state to reduce the statewide consumption of liquified petroleum gas, heating oil, and natural gas in each year by an amount not less than the product of the public service commission's projection of statewide consumption of liquified petroleum gas, heating oil, and natural gas for the year and the following percentages:

AB649-ASA1,117,3 1. In 2011, 0.5 percent.

AB649-ASA1,117,4 2. In 2012, 0.75 percent.

AB649-ASA1,117,5 3. In 2013 and each year thereafter, 1 percent.