AB649, s. 100
22Section
100. 196.374 (2) (b) 1. of the statutes is amended to read:
AB649,79,523
196.374
(2) (b) 1. An energy utility may, with commission approval, administer
24or fund one or more energy efficiency programs
for regulated fuels that is limited to
,
25as determined by the commission, large commercial, industrial, institutional, or
1agricultural customers in its service territory. An energy utility shall pay for a
2program under this subdivision
with by withholding a portion of the amount
it is 3required
to pay to a statewide programs contractor under sub. (3)
(b) 2. (bw) 3., as
4approved by the commission. The commission may not order an energy utility to
5administer or fund a program under this subdivision.
AB649, s. 101
6Section
101. 196.374 (2) (b) 2. of the statutes is amended to read:
AB649,79,127
196.374
(2) (b) 2. An energy utility may, with commission approval, administer
8or fund an energy efficiency or renewable resource program
for regulated fuels that
9is limited to customers in its service territory and that is in addition to the
statewide 10programs
required under par. (a) or
utility-administered programs authorized
11under subd. 1. The commission may not order an energy utility to administer or fund
12a program under this subdivision.
AB649, s. 102
13Section
102. 196.374 (2) (b) 3. of the statutes is amended to read:
AB649,79,2114
196.374
(2) (b) 3. An energy utility
that administers or funds a program under
15subd. 1. or 2. or an ordered program may request
at any time to establish, modify, or
16discontinue a utility-administered or supplemental utility program, and the
17commission may approve,
to modify
, or discontinue, in whole or in part, the
ordered 18program.
An energy utility may request the establishment, modification, or
19discontinuation of a program under subd. 1. or 2. at any time and shall request the
20modification or discontinuation of an ordered program as part of a proceeding under
21sub. (3) (b) 1.
AB649, s. 103
22Section
103. 196.374 (2) (c) of the statutes is amended to read:
AB649,80,923
196.374
(2) (c)
Large energy customer programs. A customer of an energy
24utility may, with commission approval, administer and fund its own energy efficiency
25programs
or renewable resource programs if the customer satisfies the definition of
1a large energy customer for any month in the 12 months preceding the date of the
2customer's request for approval. A customer may request commission approval at
3any time. A customer that funds a program under this paragraph may deduct the
4amount of the funding from the amount the energy utility may collect from the
5customer under sub. (5) (b). If the customer deducts the amount of the funding from
6the amount the energy utility may collect from the customer under sub. (5) (b), the
7energy utility shall credit the amount of the funding against the amount the energy
8utility is required to
spend pay to a statewide programs contractor under sub. (3)
(b)
92. (bw) 3.
AB649, s. 104
10Section
104. 196.374 (3) (a) and (b) 1. of the statutes are consolidated,
11renumbered 196.374 (3) (a) and amended to read:
AB649,81,612
196.374
(3) (a)
In general. The commission shall have oversight of
statewide,
13utility-administered, supplemental utility, and large energy customer programs
14under sub. (2). The commission shall maximize coordination of program delivery,
15including coordination between
such programs
under subs. (2) (a) 1., (b) 1. and 2., and
16(c) and (7), ordered programs, low-income weatherization programs under
s. ss.
1716.26, 16.27, and 16.957, renewable resource programs under s. 196.378, and other
18energy efficiency or renewable resource programs. The commission shall cooperate
19with the department of natural resources to ensure coordination of energy efficiency
20and renewable resource programs with air quality programs and to maximize and
21document the air quality improvement benefits that can be realized from energy
22efficiency and renewable resource programs.
(b) 1. At least every 4 years, after notice
23and opportunity to be heard, the commission shall, by order, evaluate the energy
24efficiency and renewable resource programs under sub. (2) (a) 1., (b) 1. and 2., and
25(c) and ordered programs and set or revise goals, priorities, and measurable targets
1for the programs. The In carrying out its duties under this paragraph, the 2commission shall give priority to
cost-effective programs that moderate the growth
3in
electric and natural gas target fuel demand and usage, facilitate markets and
4assist market providers to achieve higher levels of energy efficiency, promote energy
5reliability and adequacy, avoid adverse environmental impacts from the use of
6energy, and promote rural economic development.
AB649, s. 105
7Section
105. 196.374 (3) (b) (title) and 2. to 4. of the statutes are repealed.
AB649, s. 106
8Section
106. 196.374 (3) (bc), (bg), (bn), (br) and (bw) of the statutes are created
9to read:
AB649,81,1410
196.374
(3) (bc)
Quadrennial proceedings; generally. Every 4 years, the
11commission shall, after notice and opportunity to be heard, conduct a proceeding for
12making assessments under par. (bg), establishing goals under par. (bn), establishing
13funding requirements under par. (br), and allocating the funding requirements
14under par. (bw).
AB649,81,1815
(bg)
Quadrennial potential studies. 1. The commission shall assess the
16reduction in the use of and demand for each target fuel that can be achieved in each
17year of the quadrennium following the proceeding under par. (bc) through all of the
18following:
AB649,81,2019
a. Cost-effective energy efficiency and renewable resource programs
20administered by energy providers or other persons.
AB649,81,2421
b. Programs and policy mechanisms under the commission's jurisdiction,
22excluding the programs described in subd. 1. a., and including demand response and
23load management programs, orders under s. 196.379 (3), and the renewable portfolio
24standard, as defined in s. 196.378 (1r) (gm).
AB649,81,2525
c. Low-income weatherization programs under ss. 16.26, 16.27, and 16.957.
AB649,82,3
1d. Other programs and policy mechanisms, including appliance and equipment
2efficiency standards, mandatory and voluntary energy conservation standards for
3buildings, and voluntary certification programs.
AB649,82,54
2. Reductions in use of and demand for a target fuel in assessments under subd.
51. shall be expressed as percentages of total sales for the target fuel.
AB649,82,116
(bn)
Quadrennial goals. For each year of the quadrennium following the
7proceeding under par. (bc), the commission shall establish a goal for the reduction
8in demand for and use of each target fuel that can be achieved under the statewide
9programs, and a goal for the reduction in demand for and use of each regulated fuel
10that can be achieved by or on behalf of each municipal utility and retail electric
11cooperative, as follows:
AB649,82,1212
1. For each regulated fuel:
AB649,82,1313
a. Estimate the total sales of the regulated fuel that will occur in the year.
AB649,82,1614
b. Estimate the proportion of the amount estimated under subd. 1. a. that will
15be attributable to sales by all energy utilities in the year and multiply the proportion
16estimated under this subd. 1. b. by the amount estimated under subd. 1. a.
AB649,82,2017
c. Estimate the proportion of the amount estimated under subd. 1. a. that will
18be attributable to sales by each municipal utility or retail electric cooperative in the
19year and multiply the proportion estimated under this subd. 1. c. by the amount
20estimated under subd. 1. a.
AB649,82,2221
d. Determine the difference between the percentages determined under par.
22(bg) 1. a. and c. for the regulated fuel for the year.
AB649,83,223
e. Multiply the product determined under subd. 1. b. by the difference
24determined under subd. 1. d. The resulting product shall be the goal under the
1statewide programs for the regulated fuel for the year, unless modified by the
2commission under sub. (8) (b) 2.
AB649,83,93
f. Multiply the product determined under subd. 1. c. for a municipal utility or
4retail electric cooperative by the difference determined under subd. 1. d. The
5resulting product shall be the goal for the regulated fuel for the year for the municipal
6utility or retail electric cooperative, unless modified by the commission under sub.
7(8) (b) 2., and except that the commission may revise the goal if the commission
8determines that the goal is unreasonable considering the composition of the
9membership or customer base of the municipal utility or retail electric cooperative.
AB649,83,1010
2. For each unregulated fuel:
AB649,83,1111
a. Estimate the total sales of the unregulated fuel that will occur in the year.
AB649,83,1312
b. Determine the difference between the percentages determined under par.
13(bg) 1. a. and c. for the unregulated fuel for the year.
AB649,83,1714
c. Multiply the estimate under subd. 2. a. by the difference determined under
15subd. 2. b. The resulting product shall be the goal under the statewide programs for
16the unregulated fuel for the year, unless modified by the commission under sub. (8)
17(b) 2.
AB649,83,2118
(br)
Quadrennial funding requirements. 1. `Statewide programs.' The
19commission shall determine the amount of funds necessary for statewide programs
20for each target fuel for each year of the quadrennium following the proceeding under
21par. (bc) as follows:
AB649,83,2322
a. For each target fuel, determine the amount of funds necessary to achieve the
23goal determined under par. (bn) 1. e. or 2. c. for the year.
AB649,84,3
1b. Subtract from the amount determined under subd. 1. a. the total amount that
2the commission allows all energy utilities to pay for utility-administered programs
3for the target fuel in the year.
AB649,84,74
c. Subtract from the amount determined under subd. 1. b. the total amount of
5funding the commission allows for all large energy customer programs for the target
6fuel in the year. The result determined under this subd. 1. c. shall be the amount of
7funding necessary for statewide programs for the target fuel in the year.
AB649,84,128
2. `Municipal utilities and retail electric cooperatives.' Except as provided in
9sub. (7) (bg), each municipal utility and retail electric cooperative shall determine the
10amount of funds necessary to achieve the goal determined under par. (bn) 1. f. for
11each regulated fuel for each year of the quadrennium following the proceeding under
12par. (bc).
AB649,84,1613
(bw)
Funding allocation. 1. A prime supplier shall report to the commission,
14in the form specified by the commission, the amount of unregulated fuel that the
15prime supplier imports into this state each year for ultimate use by end users in this
16state.
AB649,84,2017
2. In the proceeding under par. (bc), for each target fuel, the commission shall
18determine the percentage of total sales of the target fuel by all energy utilities and
19prime suppliers in the quadrennium prior to the proceeding that is attributable to
20each energy utility and prime supplier.
AB649,84,2521
3. For each regulated fuel, the commission shall order each energy utility to
22collect from its customers in each year of the quadrennium following the proceeding
23under par. (bc) an amount equal to the percentage determined for the energy utility
24under subd. 2. multiplied by the amount determined under par. (br) 1. c. for the
25regulated fuel for the year and pay the amount to a statewide programs contractor.
AB649,85,5
14. For each unregulated fuel, the commission shall order each prime supplier
2to pay to a statewide programs contractor in each year of the quadrennium following
3the proceeding under par. (bc) an amount equal to the percentage determined for the
4prime supplier under subd. 2. multiplied by the amount determined under par. (br)
51. c. for the unregulated fuel for the year.
AB649, s. 107
6Section
107. 196.374 (3) (c) (title) of the statutes is amended to read:
AB649,85,77
196.374
(3) (c) (title)
Reviews Other reviews and approvals.
AB649, s. 108
8Section
108. 196.374 (3) (c) 1. of the statutes is amended to read:
AB649,85,139
196.374
(3) (c) 1. Review and approve contracts under sub. (2) (a) 1.
between
10the energy utilities and program administrators If the energy utilities contract with
11more than one person under sub. (2) (a) 1., the commission shall determine how to
12allocate among those persons the requirements under this section involving
13statewide programs contractors.
AB649, s. 109
14Section
109. 196.374 (3) (c) 2. (intro.), a. and b. of the statutes are consolidated,
15renumbered 196.374 (3) (c) 2. (intro.) and amended to read:
AB649,85,2516
196.374
(3) (c) 2. (intro.) Review requests
under sub. (2) (b) for
17utility-administered, supplemental utility, and large energy customer programs.
18The commission may condition its approval of a request
under sub. (2) (b) as
19necessary to protect the public interest. The commission shall approve a request
20under sub. (2) (b) 1. or 2. if the commission determines that a proposed
energy
21efficiency or renewable resource program is in the public interest
and satisfies all of
22the following: a. The program, has specific savings targets and
performance 23measurable performance-based goals approved by the commission
. b. The program, 24is subject to independent evaluation by the commission
.
, and, for a
25utility-administered or supplemental utility program, satisfies all of the following:
AB649, s. 110
1Section
110. 196.374 (3) (c) 2. am., bm., c., d. and e. of the statutes are created
2to read:
AB649,86,53
196.374
(3) (c) 2. am. The individual elements of the program do not duplicate
4elements of the statewide programs. This subd. 2. am. applies only to a
5utility-administered program.
AB649,86,76
bm. Implementation of the program will complement the statewide programs
7and enhance the ability of the statewide programs to meet or exceed their goals.
AB649,86,98
c. Implementation of the program will enhance the ability of the state to meet
9its greenhouse gas emission reduction goals under s. 299.03 (2).
AB649,86,1110
d. Considering alternatives to the program, the costs of the program are
11reasonable.
AB649,86,1212
e. The benefits of the program exceed the costs of the program.
AB649, s. 111
13Section
111. 196.374 (3) (d) of the statutes is amended to read:
AB649,86,2414
196.374
(3) (d)
Audits. Annually, the commission shall contract with one or
15more independent auditors to prepare a financial and performance audit of the
16statewide, utility-administered, supplemental utility, and large energy customer 17programs
specified in par. (b) 1. The purpose of the performance audit shall be to
18evaluate the programs and measure the performance of the programs against the
19goals
and targets set approved by the commission under par.
(b) 1. The person or
20persons with whom the energy utilities contract for program administration under
21sub. (2) (a) 1. shall pay the costs of the audits from the amounts paid under the
22contracts under sub. (2) (a) 1 (c) 2. or established under par. (bn) 1. e. or 2. c. The audit
23shall also determine the amount of reduction in the demand for and use of each target
24fuel that has resulted in the year under the programs.
AB649, s. 112
25Section
112. 196.374 (3) (dm) of the statutes is created to read:
AB649,87,5
1196.374
(3) (dm)
Consultations. If an audit under par. (d) indicates that a
2program has failed to achieve one or more goals for the year of the audit, the
3commission shall consult with the statewide programs contractor or person
4administering the program regarding ways to modify the program to ensure that, as
5determined under sub. (8) (a), it will achieve its goals.
AB649, s. 113
6Section
113. 196.374 (3) (e) 1. of the statutes is amended to read:
AB649,87,107
196.374
(3) (e) 1. The expenses of the commission,
energy utilities, and
8program administrators contracted under sub. (2) (a) 1. statewide programs
9contractors in administering or participating in the
statewide programs
under sub.
10(2) (a) 1.
AB649, s. 114
11Section
114. 196.374 (3) (e) 2. of the statutes is amended to read:
AB649,87,1612
196.374
(3) (e) 2. The effectiveness of the
statewide, utility-administered,
13supplemental utility, large energy customer, and commitment to community 14programs
specified in par. (b) 1. and sub. (7) in reducing demand for
electricity target
15fuels, and increasing the use of renewable resources owned by customers or
16members.
AB649, s. 115
17Section
115. 196.374 (3) (f) 1. of the statutes is amended to read:
AB649,87,2118
196.374
(3) (f) 1. Procedures for energy utilities to collectively contract with
19program administrators for administration of statewide programs under sub. (2) (a)
201. and to receive contributions from municipal utilities and retail electric
21cooperatives under sub. (7) (b) 2. statewide programs contractors.
AB649, s. 116
22Section
116. 196.374 (3) (f) 2. of the statutes is amended to read:
AB649,88,223
196.374
(3) (f) 2. Procedures and criteria for commission review and approval
24of contracts
for administration of statewide programs under sub. (2) (a) 1., including
1criteria for the selection of
program administrators under sub. (2) (a) 1. statewide
2programs contractors.
AB649, s. 117
3Section
117. 196.374 (3) (f) 3. of the statutes is amended to read:
AB649,88,74
196.374
(3) (f) 3. Procedures and criteria for commission review and approval
5of utility-administered
, supplemental utility, and large energy customer programs
6under sub. (2) (b) 1. and 2., customer programs under sub. (2) (c), and requests under
7sub. (2) (b) 3.
AB649, s. 118
8Section
118. 196.374 (3) (f) 4. of the statutes is amended to read:
AB649,88,129
196.374
(3) (f) 4. Minimum requirements for
energy efficiency and renewable
10resource the statewide, utility-administered, supplemental utility, and large energy
11customer programs
under sub. (2) (a) 1. and customer energy efficiency programs
12under sub. (2) (c).
AB649, s. 119
13Section
119. 196.374 (4) (a) (intro.) of the statutes is amended to read:
AB649,88,1814
196.374
(4) (a) (intro.) In implementing
the statewide programs
under sub. (2)
15(a) 1. or administering a commitment to community program under a contract under
16sub. (7) (am) 2., including the awarding of grants or contracts,
a person who contracts
17with the utilities under sub. (2) (a) 1., a statewide programs contractor or a person
18who subcontracts with
such a person a statewide programs contractor:
AB649, s. 120
19Section
120. 196.374 (4) (a) 1. of the statutes is amended to read:
AB649,88,2220
196.374
(4) (a) 1. May not discriminate against an energy
utility provider or
21its affiliate or a wholesale supplier or its affiliate solely on the basis of its status as
22an energy
utility provider or its affiliate or wholesale supplier or its affiliate.
AB649, s. 121
23Section
121. 196.374 (4) (a) 2. of the statutes is amended to read:
AB649,88,2524
196.374
(4) (a) 2. Shall provide services to
utility customers target fuel users 25on a nondiscriminatory basis and subject to a
customer's user's choice.
AB649, s. 122
1Section
122. 196.374 (4) (b) of the statutes is amended to read:
AB649,89,92
196.374
(4) (b) An energy utility that provides financing under
an energy
3efficiency program under sub. (2) (b) 1. or 2. a utility-administered or supplemental
4utility program for installation, by a customer, of energy efficiency or renewable
5resource processes, equipment, or appliances, or an affiliate of such a utility, may not
6sell to or install for the customer those processes, equipment, appliances, or related
7materials. The customer shall acquire the installation of the processes, equipment,
8appliances, or related materials from an independent contractor of the customer's
9choice.
AB649, s. 123
10Section
123. 196.374 (5) (a) of the statutes is amended to read:
AB649,89,1411
196.374
(5) (a)
Rate-making orders. The commission shall ensure in
12rate-making orders that an energy utility recovers from its ratepayers the amounts
13the energy utility
spends for pays for statewide, utility-administered, and
14supplemental utility programs
under sub. (2) (a) 1.
AB649, s. 124
15Section
124. 196.374 (5) (bm) 3. of the statutes is repealed.
AB649, s. 125
16Section
125. 196.374 (5) (d) of the statutes is amended to read:
AB649,89,2117
196.374
(5) (d)
Equitable contributions. Subject to pars. (b) and (bm) 2., the
18commission shall ensure that the cost of
energy efficiency and renewable resource 19the statewide and utility-administered programs is equitably divided among
20customer classes so that similarly situated ratepayers contribute equivalent
21amounts for the programs.
AB649, s. 126
22Section
126. 196.374 (5m) (a) of the statutes is amended to read:
AB649,90,623
196.374
(5m) (a)
The Except as provided in par. (am), the commission shall
24ensure that, on an annual basis, each customer class of an energy utility has the
25opportunity to receive grants and benefits under
energy efficiency the statewide and
1utility-administered programs in an amount equal to the amount that is recovered
2from the customer class under sub. (5) (a). Biennially, the commission shall submit
3a report to the governor, and the chief clerk of each house of the legislature for
4distribution to the legislature under s. 13.172 (2), that summarizes the total amount
5recovered from each customer class and the total amount of grants made to, and
6benefits received by, each customer class.
AB649, s. 127
7Section
127. 196.374 (5m) (am) of the statutes is created to read:
AB649,90,138
196.374
(5m) (am) The commission may allow a customer class of an energy
9utility the opportunity to receive grants and benefits under the statewide and
10utility-administered programs in an amount that is not equal to the amount
11recovered from the customer class under sub. (5) (a), but only if the commission finds
12that the allowance is in the public interest and promotes the cost-effective
13achievement of a goal established under sub. (3) (bn) 1. e. or 2. c.
AB649, s. 128
14Section
128. 196.374 (5m) (b) of the statutes is amended to read:
AB649,90,2115
196.374
(5m) (b) The commission shall ensure that
customers target fuel users 16throughout the state have an equivalent opportunity to receive the benefits of the
17statewide and utility-administered programs
under sub. (2) (a) 1. and (b) 1. The
18commission shall ensure that
the statewide programs are designed to ensure that
19retail customers target fuel users in areas not served by
utility-administered 20programs
under sub. (2) (b) 1. receive equivalent opportunities as those in areas
21served by
utility-administered programs
under sub. (2) (b) 1.
AB649, s. 129
22Section
129. 196.374 (6) of the statutes is amended to read:
AB649,91,323
196.374
(6) Annual statements. Annually, the commission shall prepare a
24statement that describes the
statewide, utility-administered, supplemental utility,
25and large energy customer programs
under sub. (2) (a) 1., (b) 1. and 2., and (c), and
1ordered programs, administered or funded by the energy utility and presents cost
2and benefit information for those programs. An energy utility shall provide each of
3its customers with a copy of the statement.