AB649,74,127
196.374
(1) (b) "Commitment to community program" means an energy
8efficiency or load management program
by or on behalf
for regulated fuel usage in
9the service territory of a municipal utility or retail electric cooperative
or a renewable
10resource program involving customer applications of renewable resources that take
11place at the premises of the customers or members of a municipal utility or retail
12electric cooperative.
AB649, s. 74
13Section
74. 196.374 (1) (c) of the statutes is amended to read:
AB649,74,1714
196.374
(1) (c) "Customer application of renewable resources" means the
15generation of energy from renewable resources that takes place on the premises of
16a customer
or member of an energy utility
or, municipal utility
, or
a member of a retail
17electric cooperative.
AB649, s. 75
18Section
75. 196.374 (1) (d) of the statutes is amended to read:
AB649,74,2219
196.374
(1) (d) "Energy efficiency program" means a program for reducing the
20usage or increasing the efficiency of the usage of
energy by a customer or member of
21an energy utility, municipal utility, or retail electric cooperative a target fuel.
22"Energy efficiency program" does not include load management.
AB649, s. 76
23Section
76. 196.374 (1) (dm) of the statutes is created to read:
AB649,74,2524
196.374
(1) (dm) "Energy provider" means an energy utility, municipal utility,
25or retail electric cooperative.
AB649, s. 77
1Section
77. 196.374 (1) (er) of the statutes is created to read:
AB649,75,32
196.374
(1) (er) "Large energy customer program" means a program under sub.
3(2) (c).
AB649, s. 78
4Section
78. 196.374 (1) (f) of the statutes is amended to read:
AB649,75,105
196.374
(1) (f) "Load management program" means a program to allow an
6energy
utility, municipal utility, provider or wholesale
electric cooperative, as
7defined in s. 16.957 (1) (v), retail electric cooperative, or municipal electric company,
8as defined in s. 66.0825 (3) (d), supplier to control or manage daily or seasonal
9customer
or member demand associated with equipment or devices used by
10customers or members.
AB649, s. 79
11Section
79. 196.374 (1) (hm) of the statutes is created to read:
AB649,75,1312
196.374
(1) (hm) "Natural gas" does not include natural gas that is used to
13generate electricity.
AB649, s. 80
14Section
80. 196.374 (1) (i) of the statutes is repealed.
AB649, s. 81
15Section
81. 196.374 (1) (ig) of the statutes is created to read:
AB649,75,1816
196.374
(1) (ig) "Prime supplier" means a person that imports an unregulated
17fuel into this state for sale to a wholesale or retail distributor, or to an end user, for
18use in this state.
AB649, s. 82
19Section
82. 196.374 (1) (ir) of the statutes is created to read:
AB649,75,2020
196.374
(1) (ir) "Regulated fuel" means electricity or natural gas.
AB649, s. 83
21Section
83. 196.374 (1) (j) (intro.) of the statutes is amended to read:
AB649,76,222
196.374
(1) (j) (intro.) "Renewable resource" means a resource that derives
23energy from any source other than coal, petroleum products, nuclear power
or, except
24as used in a fuel cell, natural gas
, or nonbiological industrial, nonbiological
1commercial, or nonbiological household waste. "Renewable resource" includes
2resources deriving energy from any of the following:
AB649, s. 84
3Section
84. 196.374 (1) (j) 8. of the statutes is created to read:
AB649,76,44
196.374
(1) (j) 8. Any other resource designated by the commission by rule.
AB649, s. 85
5Section
85. 196.374 (1) (mb) of the statutes is created to read:
AB649,76,76
196.374
(1) (mb) "Statewide programs" means the statewide energy efficiency
7and renewable resource programs established under sub. (2) (a) 1.
AB649, s. 86
8Section
86. 196.374 (1) (me) of the statutes is created to read:
AB649,76,109
196.374
(1) (me) "Statewide programs contractor" means a person with whom
10energy utilities contract under sub. (2) (a) 1. to administer the statewide programs.
AB649, s. 87
11Section
87. 196.374 (1) (mh) of the statutes is created to read:
AB649,76,1312
196.374
(1) (mh) "Supplemental utility program" means a program under sub.
13(2) (b) 2.
AB649, s. 88
14Section
88. 196.374 (1) (mL) of the statutes is created to read:
AB649,76,1515
196.374
(1) (mL) "Target fuel" means a regulated or unregulated fuel.
AB649, s. 89
16Section
89. 196.374 (1) (mo) of the statutes is created to read:
AB649,76,1817
196.374
(1) (mo) "Total sales" means, with respect to a target fuel, the total
18amount of the target fuel sold at retail in this state as measured in energy units.
AB649, s. 90
19Section
90. 196.374 (1) (mr) of the statutes is created to read:
AB649,76,2120
196.374
(1) (mr) "Unregulated fuel" means liquified petroleum gas or heating
21oil.
AB649, s. 91
22Section
91. 196.374 (1) (mu) of the statutes is created to read:
AB649,76,2423
196.374
(1) (mu) "Utility-administered program" means a program under sub.
24(2) (b) 1.
AB649, s. 92
25Section
92. 196.374 (1) (o) of the statutes is repealed.
AB649, s. 93
1Section
93. 196.374 (2) (a) 1. of the statutes is amended to read:
AB649,77,112
196.374
(2) (a) 1. The energy utilities in this state
shall collectively establish
3and fund statewide energy efficiency and renewable resource programs. The energy
4utilities shall
collectively contract, on the basis of competitive bids, with one or more
5persons to develop and administer
the statewide energy efficiency and renewable
6resource programs.
The utilities may not execute a A contract under this subdivision
7may not be executed unless the commission has approved the contract. The
8commission shall require each energy utility to spend the amount required under
9sub. (3) (b) 2. moneys received by a statewide programs contractor under sub. (3) (bw)
103. and 4. shall be used to fund
the statewide energy efficiency and renewable resource
11programs.
AB649, s. 94
12Section
94. 196.374 (2) (a) 2. (intro.) of the statutes is amended to read:
AB649,77,1813
196.374
(2) (a) 2. (intro.) The purpose of the
statewide programs
under this
14paragraph shall be to help achieve environmentally sound and adequate
energy 15target fuel supplies at reasonable cost, consistent with the commission's
16responsibilities under s. 196.025 (1) (ar)
and (e) and the
energy utilities' obligations
17under this chapter. The
statewide programs shall include, at a minimum, all of the
18following:
AB649, s. 95
19Section
95. 196.374 (2) (a) 2. a. of the statutes is amended to read:
AB649,77,2220
196.374
(2) (a) 2. a. Components to address the
energy target fuel needs of
21residential, commercial, agricultural, institutional, and industrial
energy target fuel 22users and local units of government.
AB649, s. 96
23Section
96. 196.374 (2) (a) 2. b. of the statutes is amended to read:
AB649,78,1024
196.374
(2) (a) 2. b. Components to reduce the
energy target fuel costs incurred
25by local units of government and agricultural producers, by increasing the efficiency
1of
energy target fuel use by local units of government and agricultural producers.
2The commission shall ensure that not less than 10 percent of the moneys
utilities are 3required to spend under subd. 1. or sub. (3) (b) 2.
paid by energy utilities and prime
4suppliers under sub. (3) (bw) 3. and 4. is spent annually on programs under this
5subdivision except that, if the commission determines that the full amount cannot
6be spent on cost-effective programs for local units of government and agricultural
7producers, the commission shall ensure that any surplus funds be spent on programs
8to serve commercial, institutional, and industrial
customers target fuel users. A local
9unit of government that receives assistance under this subd. 2. b. shall apply all costs
10savings realized from the assistance to reducing the property tax levy.
AB649, s. 97
11Section
97. 196.374 (2) (a) 2. d. of the statutes is amended to read:
AB649,78,1312
196.374
(2) (a) 2. d. Initiatives for research and development regarding the
13environmental and economic impacts of
energy target fuel use in this state.
AB649, s. 98
14Section
98. 196.374 (2) (a) 3. of the statutes is amended to read:
AB649,78,1915
196.374
(2) (a) 3. The commission may not require an energy utility to
16administer or fund any energy efficiency or renewable resource program that is in
17addition to the
statewide programs
required under subd. 1. and any ordered program
18of the utility. This subdivision does not limit the authority of the commission to
19enforce an energy utility's obligations under s. 196.378
or 196.379.
AB649, s. 99
20Section
99. 196.374 (2) (b) (title) of the statutes is amended to read:
AB649,78,2121
196.374
(2) (b) (title)
Utility-administered and supplemental utility programs.
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.