AB649, s. 147
25Section
147. 196.374 (8) (a), (b) and (c) of the statutes are created to read:
AB649,95,9
1196.374
(8) (a)
Determinations. 1. a. For each quadrennium following the
2proceeding under sub. (3) (bc), the commission shall determine the annual average
3reduction in demand for and use of each target fuel that is achieved under the
4statewide programs and achieved by or on behalf of each municipal utility and retail
5electric cooperative through commitment to community programs. Except as
6provided in subds. 1. b. and 1. c., if the annual average reduction for a target fuel
7equals or exceeds the average of the goals determined under sub. (3) (bn) 1. e., 1. f.,
8or 2. c. for the quadrennium, the commission shall conclude that the goal is achieved
9for the quadrennium.
AB649,95,1510
b. If a municipal utility or retail electric cooperative enters into a contract
11under sub. (7) (am) 3. with a wholesale supplier and at least one other municipal
12utility or retail electric cooperative enters into a similar contract with the wholesale
13supplier, the commission shall determine whether to conclude that a goal is achieved
14for a regulated fuel for a year under subd. 1. a. based on the aggregate annual average
15reduction that results for that regulated fuel for that year under all of the contracts.
AB649,95,2116
c. If a wholesale supplier accepts assignment of a goal under sub. (7) (bg) for
17a regulated fuel for a year from more than one municipal utility or retail electric
18cooperative, the commission shall determine whether to conclude that the goal is
19achieved on an aggregate basis for all the municipal utilities and retail electric
20cooperatives for which the wholesale supplier has accepted the assignment, rather
21than on an individual basis for each municipal utility or retail electric cooperative.
AB649,96,222
2. For each utility-administered, supplemental utility, and large energy
23customer program, the commission shall determine whether the program achieved
24the goals approved for the program under sub. (3) (c) 2. on average over the time
1period in which the program is in effect or another time period specified by the
2commission.
AB649,96,63
(b)
Reviews. 1. If the commission determines under par. (a) that a goal is not
4achieved, the commission shall investigate, as applicable, the statewide programs or
5the utility-administered, large energy customer, or commitment to community
6programs at issue, and determine the reasons for failure to achieve the goal.
AB649,96,137
2. If the commission determines under subd. 1. that a statewide programs
8contractor or person administering the utility-administered, large energy customer,
9or commitment to community program made a good faith effort to meet the goal and
10that the failure is due to factors outside the statewide program contractor's or
11person's control, the commission shall take those factors into account in modifying
12goals for and, where applicable, approving future programs administered by the
13statewide programs contractor or person.
AB649,96,2314
3. If the commission determines under subd. 1. that a statewide programs
15contractor or person administering the utility-administered, large energy customer,
16or commitment to community program did not make a good faith effort to achieve the
17goal or that the failure to achieve the goal was due to factors within the statewide
18program contractor's or person's control, the commission shall implement remedies
19according to the rules promulgated under par. (c). The commission may determine
20that a statewide programs contractor or person administering the
21utility-administered, large energy customer, or commitment to community program
22did not make a good faith effort to meet a goal only if the commission finds any of the
23following:
AB649,96,2524
a. The statewide programs contractor or person has repeatedly or grossly failed
25to meet a goal.
AB649,97,4
1b. For a commitment to community program, the municipal utility, retail
2electric cooperative, or wholesale supplier administering or contracting for the
3program did not determine an amount of funds under sub. (3) (br) 2. or (7) (bg) 1. that
4could reasonably be considered necessary to achieve the goal.
AB649,97,55
c. Any other condition specified by the commission by rule.
AB649,97,126
(c)
Remedies. The commission shall promulgate rules specifying remedies to
7implement under par. (b) 3. that are in proportion to the magnitude of the failure to
8achieve a goal and the degree to which a statewide programs contractor or person
9administering the utility-administered, large energy customer, or commitment to
10community program did not make a good faith effort or did not control the factors
11that resulted in the failure to achieve the goal. The rules shall include all of the
12following remedies:
AB649,97,1613
1. An order that a statewide programs contractor or person take corrective
14actions, which may include achieving the goal in a year or other time period specified
15by the commission, in addition to achieving any other goal under this section that
16applies to that year or time period.
AB649,97,1717
2. For a goal under the statewide programs:
AB649,97,2018
a. An order that the energy utilities invoke any provisions of a contract under
19sub. (2) (a) 1., or that a statewide programs contractor invoke any provisions of a
20subcontract, that impose monetary penalties for failure to achieve a goal.
AB649,97,2321
b. An order that the energy utilities modify or terminate the contract with a
22statewide programs contractor under sub. (2) (a) 1. or an order that a statewide
23programs contractor modify or terminate any subcontract.
AB649,97,2524
3. For a goal under a utility-administered or large energy customer program,
25an order modifying or terminating the program.
AB649,98,5
14. For a goal of a municipal utility or retail electric cooperative, an order
2requiring the municipal utility or retail electric cooperative to modify or terminate
3a contract with or assignment to a wholesale supplier under sub. (7) (am) 3. or (bg),
4or enter into a contract with a statewide programs contractor under sub. (7) (am) 2.,
5or an order requiring both.
AB649,98,66
5. Any other remedy specified by the commission.
AB649, s. 148
7Section
148. 196.374 (9) of the statutes is created to read:
AB649,98,148
196.374
(9) Treatment of certain capital investments. (a) The commission
9may allow an energy utility to earn a return on capital invested under a
10utility-administered or supplemental utility program for energy conservation or
11efficiency equipment that is located on customer premises, including equipment
12owned by either the energy utility or a customer. The commission may make such
13an allowance only if the commission determines that the investment is prudent and
14a cost-effective means of advancing energy conservation or efficiency.
AB649,98,1615
(b) If the commission makes an allowance under par. (a), all of the following
16apply:
AB649,98,2017
1. If the investment is made to replace existing equipment, the commission
18shall allow the energy utility to earn a return only on that portion of the investment
19that can be attributed to improving energy conservation or efficiency in comparison
20to the existing equipment.
AB649,98,2521
2. If the investment is made to install new equipment that does not replace
22existing equipment, the commission shall allow the energy utility to earn a return
23only on that portion of the investment that can be attributed to improving energy
24conservation or efficiency in comparison to generally available alternative
25equipment.
AB649,99,3
1(c) The commission shall promulgate rules to implement this subsection,
2including rules specifying the energy conservation or efficiency equipment that
3qualifies for treatment under par. (a).
AB649, s. 149
4Section
149. 196.377 (title) of the statutes is repealed.
AB649, s. 150
5Section
150. 196.377 (1) of the statutes is renumbered 196.377.
AB649, s. 151
6Section
151. 196.377 (2) of the statutes is repealed.
AB649, s. 152
7Section
152. 196.378 (1) (intro.) and (ag) of the statutes are renumbered
8196.378 (1r) (intro.) and (ag), and 196.378 (1r) (ag), as renumbered, is amended to
9read:
AB649,99,1110
196.378
(1r) (ag) "Baseline renewable percentage" means the average of an
11energy electric provider's renewable energy percentage for 2001, 2002, and 2003.
AB649, s. 153
12Section
153. 196.378 (1) (am) of the statutes is repealed.
AB649, s. 154
13Section
154. 196.378 (1) (ar) of the statutes is renumbered 196.378 (1r) (ar)
14and amended to read:
AB649,99,2015
196.378
(1r) (ar) "Biomass"
means a resource that derives energy from wood
16or plant material or residue, biological waste, crops grown for use as a resource or
17landfill gases. "Biomass" does not include garbage, as defined in s. 289.01 (9), or
18nonvegetation-based industrial, commercial or household waste, except that
19"biomass" includes refuse-derived fuel used for a renewable facility that was in
20service before January 1, 1998 has the meaning given in s. 196.374 (1) (am).
AB649, s. 155
21Section
155. 196.378 (1) (b) of the statutes is repealed.
AB649, s. 156
22Section
156. 196.378 (1) (c) and (d) of the statutes are renumbered 196.378 (1r)
23(c) and (d).
AB649, s. 157
24Section
157. 196.378 (1) (fg) of the statutes is renumbered 196.378 (1r) (fg)
25(intro.) and amended to read:
AB649,100,2
1196.378
(1r) (fg) (intro.) "Renewable energy" means electricity derived from
2a any of the following:
AB649,100,3
31. A renewable resource.
AB649, s. 158
4Section
158. 196.378 (1) (fm) (intro.) of the statutes is renumbered 196.378
5(1r) (fm) (intro.).
AB649, s. 159
6Section
159. 196.378 (1) (fm) 1. of the statutes is renumbered 196.378 (1r) (fm)
71. and amended to read:
AB649,100,98
196.378
(1r) (fm) 1. The electric provider's
total renewable energy in that year
9that is allowed under the rules promulgated under sub. (3) (c).
AB649, s. 160
10Section
160. 196.378 (1) (fm) 2. of the statutes is renumbered 196.378 (1r) (fm)
112. and amended to read:
AB649,100,1312
196.378
(1r) (fm) 2. The renewable resource credits
created or purchased by the
13electric provider, if any, that the electric provider elects to use in that year.
AB649, s. 161
14Section
161. 196.378 (1) (fr) of the statutes is repealed.
AB649, s. 162
15Section
162. 196.378 (1) (g) of the statutes is renumbered 196.378 (1r) (g).
AB649, s. 163
16Section
163. 196.378 (1) (h) (intro.) of the statutes is renumbered 196.378 (1r)
17(h) and amended to read:
AB649,100,1918
196.378
(1r) (h) "Renewable resource"
means any of the following: has the
19meaning given in s. 196.374 (1) (j).
AB649, s. 164
20Section
164. 196.378 (1) (h) 1., 1m. and 2. of the statutes are repealed.
AB649, s. 165
21Section
165. 196.378 (1) (i) of the statutes is renumbered 196.378 (1r) (i) and
22amended to read:
AB649,100,2523
196.378
(1r) (i) "Renewable resource credit" means
a renewable resource
24credit, as defined in s. 196.378 (1) (i), 2007 stats., or a
renewable resource credit
25calculated in accordance with rules promulgated created under sub. (3)
(a) 1. and 2.
AB649, s. 166
1Section
166. 196.378 (1) (j) of the statutes is repealed.
AB649, s. 167
2Section
167. 196.378 (1) (k) of the statutes is renumbered 196.378 (1r) (k).
AB649, s. 168
3Section
168. 196.378 (1) (o) of the statutes is repealed.
AB649, s. 169
4Section
169. 196.378 (1) (p) of the statutes is renumbered 196.378 (1r) (p).
AB649, s. 170
5Section
170. 196.378 (1g) of the statutes is created to read:
AB649,101,66
196.378
(1g) Legislative findings. The legislature finds all of the following:
AB649,101,87
(a) It is essential to the health and safety and economic well-being of
8Wisconsin that the state maintain a highly reliable electric system at all times.
AB649,101,139
(b) Increased reliance on out-of-state electric generation dependent on
10long-distance transmission of electricity to deliver the electricity to Wisconsin
11creates reliability and congestion cost risks that are significantly greater than
12reliance on electric generation located in Wisconsin at or near centers of demand for
13electricity.
AB649,101,1514
(c) Historically, Wisconsin has relied on imports of electricity from other states
15for about 15 percent of the state's electricity needs.
AB649,101,2016
(d) It is essential to the health and safety and economic well-being of Wisconsin
17that the state take actions to mitigate global climate change from emissions of
18greenhouse gasses. Central to such mitigation efforts is reducing reliance on
19electricity produced from fossil fuels through policies such as the renewable portfolio
20standard.
AB649,102,221
(e) As of the effective date of this paragraph .... [LRB inserts date], the most
22abundant and affordable sources of electricity that can be used to comply with the
23renewable portfolio standard are wind resources in western Minnesota, the Dakotas,
24and Iowa. Extensive reliance on these resources for compliance with the renewable
1portfolio standard will produce a significant increase in dependence on imported
2electricity with the associated reliability and congestion cost risks.
AB649,102,63
(f) To balance the competing imperatives of maintaining the reliability of the
4electric system and reducing dependence on electricity produced from fossil fuels, it
5is essential that Wisconsin adopt a renewable portfolio standard that requires at
6least in part the production of electricity from renewable resources in this state.
AB649, s. 171
7Section
171. 196.378 (1r) (de) of the statutes is created to read:
AB649,102,128
196.378
(1r) (de) "In-state percentage" means, with respect to an electric
9provider, the portion of the electric provider's renewable energy percentage that is
10derived from electricity generated by renewable facilities located in this state,
11renewable resource credits separated from such electricity, nonelectric energy, and
12nonelectric energy certificates.
AB649, s. 172
13Section
172. 196.378 (1r) (dm) of the statutes is created to read:
AB649,102,1714
196.378
(1r) (dm) "Nonelectric energy" means any of the following types of
15energy produced or generated at a facility located in this state and placed in service
16on or after the effective date of this paragraph .... [LRB inserts date], but only if the
17energy displaces fossil fuel use in this state:
AB649,102,1918
1. The thermal output from a cogeneration production plant, as defined in s.
1979.005 (1g).
AB649,102,2220
2. The thermal output from a biomass-fueled boiler, but only if, after the
21effective date of this subdivision .... [LRB inserts date], the boiler was converted from
22a fossil fuel-fueled boiler to a biomass-fueled boiler.
AB649,102,2323
3. The thermal output of a geothermal system.
AB649,102,2424
4. Biogas that is put into a natural gas transmission or distribution pipeline.
AB649,102,2525
5. The thermal output of a solar water heating system.
AB649,103,1
16. Useable light delivered by a solar light pipe.
AB649,103,32
7. Energy derived from other applications, specified by the commission by rule,
3that produce energy other than electricity from renewable resources.
AB649, s. 173
4Section
173. 196.378 (1r) (ds) of the statutes is created to read:
AB649,103,65
196.378
(1r) (ds) "Nonelectric energy certificate" means a certificate created
6under the rules under sub. (3m) (a).
AB649, s. 174
7Section
174. 196.378 (1r) (fg) 2. of the statutes is created to read:
AB649,103,98
196.378
(1r) (fg) 2. The combustion of refuse-derived fuel in a facility that was
9in service before January 1, 1998.
AB649, s. 175
10Section
175. 196.378 (1r) (fg) 3. of the statutes is created to read:
AB649,103,1311
196.378
(1r) (fg) 3. The combustion of solid waste that has been subject to a
12process to remove recyclable and noncombustible materials in a facility that is owned
13by a county in this state and that was in service before January 1, 1998.
AB649, s. 176
14Section
176. 196.378 (1r) (fm) 3. of the statutes is created to read:
AB649,103,1715
196.378
(1r) (fm) 3. Nonelectric energy produced or generated by the electric
16provider in that year from which the electric provider does not create nonelectric
17energy certificates.
AB649, s. 177
18Section
177. 196.378 (1r) (fm) 4. of the statutes is created to read:
AB649,103,2019
196.378
(1r) (fm) 4. Nonelectric energy certificates that an electric provider
20purchases in that year.
AB649, s. 178
21Section
178. 196.378 (1r) (gm) of the statutes is created to read:
AB649,103,2322
196.378
(1r) (gm) "Renewable portfolio standard" means the requirement to
23comply with sub. (2) (a) 2.
AB649, s. 179
24Section
179. 196.378 (2) (a) 1. of the statutes is amended to read:
AB649,104,16
1196.378
(2) (a) 1. No later than June 1,
2016 2014, the commission shall
2prepare a report stating whether, by December 31,
2015
2013, the state has met a
3goal of 10 percent of all electric energy consumed in the state being renewable energy.
4No later than June 1, 2021, the commission shall prepare a report stating, whether
5by December 31, 2020, the state has met a goal of 20 percent of all electric energy
6consumed in this state being renewable energy and 6 percent of all electric energy
7consumed in this state being generated by renewable facilities located in this state.
8No later than June 1, 2026, the commission shall prepare a report stating, whether
9by December 31, 2025, the state has met a goal of 25 percent of all electric energy
10consumed in this state being renewable energy and 10 percent of all electric energy
11consumed in this state being generated by renewable facilities located in this state. 12If
the a goal
for a year has not been achieved,
the a report shall indicate why the goal
13was not achieved and how it may be achieved, and the commission shall prepare
14similar reports biennially thereafter until the goal is achieved. The commission shall
15submit reports under this subdivision to the governor and chief clerk of each house
16of the legislature for distribution to the legislature under s. 13.172 (2).
AB649, s. 180
17Section
180. 196.378 (2) (a) 2. c. of the statutes is amended to read:
AB649,104,2018
196.378
(2) (a) 2. c. For the years 2011
, and 2012,
2013, and 2014, each electric
19provider may not decrease its renewable energy percentage below the electric
20provider's renewable energy percentage required under subd. 2. b.