AB649: Bill Text

AB649,84,20 2. In the proceeding under par. (bc), for each target fuel, the commission shall determine the percentage of total sales of the target fuel by all energy utilities and prime suppliers in the quadrennium prior to the proceeding that is attributable to each energy utility and prime supplier.

AB649,84,25 3. For each regulated fuel, the commission shall order each energy utility to collect from its customers in each year of the quadrennium following the proceeding under par. (bc) an amount equal to the percentage determined for the energy utility under subd. 2. multiplied by the amount determined under par. (br) 1. c. for the regulated fuel for the year and pay the amount to a statewide programs contractor.

AB649,85,5 4. For each unregulated fuel, the commission shall order each prime supplier to pay to a statewide programs contractor in each year of the quadrennium following the proceeding under par. (bc) an amount equal to the percentage determined for the prime supplier under subd. 2. multiplied by the amount determined under par. (br) 1. c. for the unregulated fuel for the year.

AB649, s. 107 Section 107. 196.374 (3) (c) (title) of the statutes is amended to read:

AB649,85,7 196.374 (3) (c) (title) Reviews Other reviews and approvals.

AB649, s. 108 Section 108. 196.374 (3) (c) 1. of the statutes is amended to read:

AB649,85,13 196.374 (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, s. 109 Section 109. 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:

AB649,85,25 196.374 (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, s. 110 Section 110. 196.374 (3) (c) 2. am., bm., c., d. and e. of the statutes are created to read:

AB649,86,5 196.374 (3) (c) 2. am. The individual elements of the program do not duplicate elements of the statewide programs. This subd. 2. am. applies only to a utility-administered program.

AB649,86,7 bm. Implementation of the program will complement the statewide programs and enhance the ability of the statewide programs to meet or exceed their goals.

AB649,86,9 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).

AB649,86,11 d. Considering alternatives to the program, the costs of the program are reasonable.

AB649,86,12 e. The benefits of the program exceed the costs of the program.

AB649, s. 111 Section 111. 196.374 (3) (d) of the statutes is amended to read:

AB649,86,24 196.374 (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, s. 112 Section 112. 196.374 (3) (dm) of the statutes is created to read:

AB649,87,5 196.374 (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, s. 113 Section 113. 196.374 (3) (e) 1. of the statutes is amended to read:

AB649,87,10 196.374 (3) (e) 1. 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, s. 114 Section 114. 196.374 (3) (e) 2. of the statutes is amended to read:

AB649,87,16 196.374 (3) (e) 2. 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, s. 115 Section 115. 196.374 (3) (f) 1. of the statutes is amended to read:

AB649,87,21 196.374 (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, s. 116 Section 116. 196.374 (3) (f) 2. of the statutes is amended to read:

AB649,88,2 196.374 (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, s. 117 Section 117. 196.374 (3) (f) 3. of the statutes is amended to read:

AB649,88,7 196.374 (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, s. 118 Section 118. 196.374 (3) (f) 4. of the statutes is amended to read:

AB649,88,12 196.374 (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, s. 119 Section 119. 196.374 (4) (a) (intro.) of the statutes is amended to read:

AB649,88,18 196.374 (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, s. 120 Section 120. 196.374 (4) (a) 1. of the statutes is amended to read:

AB649,88,22 196.374 (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, s. 121 Section 121. 196.374 (4) (a) 2. of the statutes is amended to read:

AB649,88,25 196.374 (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, s. 122 Section 122. 196.374 (4) (b) of the statutes is amended to read:

AB649,89,9 196.374 (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, s. 123 Section 123. 196.374 (5) (a) of the statutes is amended to read:

AB649,89,14 196.374 (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, utility-administered, and supplemental utility programs under sub. (2) (a) 1.

AB649, s. 124 Section 124. 196.374 (5) (bm) 3. of the statutes is repealed.

AB649, s. 125 Section 125. 196.374 (5) (d) of the statutes is amended to read:

AB649,89,21 196.374 (5) (d) Equitable contributions. Subject to pars. (b) and (bm) 2., 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, s. 126 Section 126. 196.374 (5m) (a) of the statutes is amended to read:

AB649,90,6 196.374 (5m) (a) The Except as provided in par. (am), 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). 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 customer class and the total amount of grants made to, and benefits received by, each customer class.

AB649, s. 127 Section 127. 196.374 (5m) (am) of the statutes is created to read:

AB649,90,13 196.374 (5m) (am) The commission may allow a customer class of an energy utility the opportunity to receive grants and benefits under the statewide and utility-administered programs in an amount that is not equal to the amount recovered from the customer class under sub. (5) (a), but only if the commission finds that the allowance is in the public interest and promotes the cost-effective achievement of a goal established under sub. (3) (bn) 1. e. or 2. c.

AB649, s. 128 Section 128. 196.374 (5m) (b) of the statutes is amended to read:

AB649,90,21 196.374 (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, s. 129 Section 129. 196.374 (6) of the statutes is amended to read:

AB649,91,3 196.374 (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, s. 130 Section 130. 196.374 (7) (a) of the statutes is repealed.

AB649, s. 131 Section 131. 196.374 (7) (am) of the statutes is created to read:

AB649,91,10 196.374 (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:

AB649,91,13 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.

AB649,91,16 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.

AB649,91,19 3. Contracts with a wholesale supplier to administer commitment to community programs in the service territory of the municipal utility or retail electric cooperative.

AB649,91,21 4. Any combination of commitment to community programs or contracts under subds. 1. to 3.

AB649, s. 132 Section 132. 196.374 (7) (b) (title) of the statutes is renumbered 196.374 (7) (br) (title).

AB649, s. 133 Section 133. 196.374 (7) (b) 1. of the statutes is renumbered 196.374 (7) (br) and amended to read:

AB649,92,5 196.374 (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, s. 134 Section 134. 196.374 (7) (b) 2. of the statutes is repealed.

AB649, s. 135 Section 135. 196.374 (7) (bg) of the statutes is created to read:

AB649,92,13 196.374 (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:

AB649,92,14 1. Determine the amount of funds necessary to achieve the assigned goal.

AB649,92,17 2. Spend the amount determined under subd. 1. in administering commitment to community programs on behalf of the municipal utility or retail electric cooperative.

AB649,92,19 3. Prepare and provide statements on behalf of the municipal utility or retail electric cooperative under par. (dm).

AB649,92,21 4. Provide for audits and submit reports on behalf of the municipal utility or retail electric cooperative under par. (e).

AB649,92,25 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, s. 136 Section 136. 196.374 (7) (c) of the statutes is repealed.

AB649, s. 137 Section 137. 196.374 (7) (cm) of the statutes is created to read:

AB649,93,5 196.374 (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, s. 138 Section 138. 196.374 (7) (d) of the statutes is repealed.

AB649, s. 139 Section 139. 196.374 (7) (dm) of the statutes is created to read:

AB649,93,11 196.374 (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, s. 140 Section 140. 196.374 (7) (e) (title) of the statutes is repealed and recreated to read:

AB649,93,14 196.374 (7) (e) (title) Audits and reports.

AB649, s. 141 Section 141. 196.374 (7) (e) 1. (intro.) of the statutes is amended to read:

AB649,93,21 196.374 (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, s. 142 Section 142. 196.374 (7) (e) 1. a. of the statutes is amended to read:

AB649,94,3 196.374 (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, s. 143 Section 143. 196.374 (7) (e) 1. b. of the statutes is amended to read:

AB649,94,7 196.374 (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, s. 144 Section 144. 196.374 (7) (e) 1. c. of the statutes is amended to read:

AB649,94,11 196.374 (7) (e) 1. c. The effectiveness of the commitment to community programs described in subd. 1. a. in reducing demand for electricity by customers or members regulated fuels.

AB649, s. 145 Section 145. 196.374 (7) (e) 1. e. of the statutes is created to read:

AB649,94,15 196.374 (7) (e) 1. e. An assessment, based on the program audit, of whether the commitment to community programs described in subd. 1. a. have met the goal for each regulated fuel for the year determined under sub. (3) (bn) 1. f.

AB649, s. 146 Section 146. 196.374 (8) of the statutes is renumbered 196.374 (8) (d) and amended to read: