SB450,104,16
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).
SB450, s. 180
17Section
180. 196.378 (2) (a) 2. c. of the statutes is amended to read:
SB450,104,2018
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.
SB450, s. 181
21Section
181. 196.378 (2) (a) 2. d. of the statutes is amended to read:
SB450,104,2422
196.378
(2) (a) 2. d. For the year
2015 2013, each electric provider shall increase
23its renewable energy percentage so that it is at least 6 percentage points above the
24electric provider's baseline renewable percentage.
SB450, s. 182
25Section
182. 196.378 (2) (a) 2. e. of the statutes is amended to read:
SB450,105,4
1196.378
(2) (a) 2. e. For
each year after the years 2014, 2015,
2016, 2017, 2018,
2and 2019, each electric provider may not decrease its renewable energy percentage
3below the electric provider's renewable energy percentage required under subd. 2.
4d.
SB450, s. 183
5Section
183. 196.378 (2) (a) 2. f. of the statutes is created to read:
SB450,105,106
196.378
(2) (a) 2. f. For the year 2020, each electric provider shall increase its
7renewable energy percentage so that it is at least 16 percentage points above the
8electric provider's baseline renewable percentage and shall ensure that its in-state
9percentage is not less than 30 percent of the renewable energy percentage required
10under this subd. 2. f.
SB450, s. 184
11Section
184. 196.378 (2) (a) 2. g. of the statutes is created to read:
SB450,105,1612
196.378
(2) (a) 2. g. For the years 2021, 2022, 2023, and 2024, each electric
13provider may not decrease its renewable energy percentage below the electric
14provider's renewable energy percentage required under subd. 2. f. and may not
15decrease its in-state percentage below the electric provider's in-state percentage
16required under subd. 2. f.
SB450, s. 185
17Section
185. 196.378 (2) (a) 2. h. of the statutes is created to read:
SB450,105,2218
196.378
(2) (a) 2. h. For the year 2025, each electric provider shall increase its
19renewable energy percentage so that it is at least 21 percentage points above the
20electric provider's baseline renewable percentage and shall ensure that its in-state
21percentage is not less than 40 percent of the renewable energy percentage required
22under this subd. 2. h.
SB450, s. 186
23Section
186. 196.378 (2) (a) 2. i. of the statutes is created to read:
SB450,106,324
196.378
(2) (a) 2. i. For each year after 2025, each electric provider may not
25decrease its renewable energy percentage below the electric provider's renewable
1energy percentage required under subd. 2. h. and may not decrease its in-state
2percentage below the electric provider's in-state percentage required under subd. 2.
3h.
SB450, s. 187
4Section
187. 196.378 (2) (b) (intro.) of the statutes is amended to read:
SB450,106,65
196.378
(2) (b) (intro.) For purposes of determining compliance with
par. (a) the
6renewable portfolio standard:
SB450, s. 188
7Section
188. 196.378 (2) (b) 1m. (intro.) of the statutes is amended to read:
SB450,106,148
196.378
(2) (b) 1m. (intro.)
The
Except as provided in subd. 1r., the amount of
9renewable resource credits associated with electricity derived from hydroelectric
10renewable resources that an electric provider may
count toward satisfying the
11requirements of par. (a) 2. include in its renewable energy percentage shall be
those 12renewable resource credits associated with all electricity provided by hydroelectric
13power that the electric provider purchased in the reporting year plus
renewable
14resource credits associated with all of the following:
SB450, s. 189
15Section
189. 196.378 (2) (b) 1m. a. of the statutes is amended to read:
SB450,106,2316
196.378
(2) (b) 1m. a.
The For facilities owned or operated by the electric
17provider that were initially placed in service before January 1, 2004, the average of
18the amounts of hydroelectric power generated by
the facilities
owned or operated by
19the electric provider for 2001, 2002, and 2003,
regardless of whether the electric
20provider owned or operated the facilities in those years, adjusted to reflect the
21permanent removal from service of any of those facilities and adjusted to reflect any
22capacity increases from improvements made to those facilities on or after January
231, 2004.
SB450, s. 190
24Section
190. 196.378 (2) (b) 1r. of the statutes is created to read:
SB450,107,4
1196.378
(2) (b) 1r. a. Except as provided in subd. 1r. b. and c., an electric
2provider may not include in its renewable energy percentage any renewable resource
3credits associated with electricity derived from a hydroelectric facility that has a
4rated capacity of 60 megawatts or more.
SB450,107,95
b. Except as provided in subd. 1r. c., an electric provider may include in its
6renewable energy percentage renewable resource credits associated with electricity
7generated after December 31, 2013, from a hydroelectric facility located outside this
8state that has a rated capacity of 60 megawatts or more and that is first placed in
9service on or after the effective date of this subd. 1r. b. .... [LRB inserts date].
SB450,107,2210
c. Renewable resource credits associated with electricity derived from a
11hydroelectric facility that is located in Manitoba, Canada, that has a rated capacity
12of 60 megawatts or more, and that is first placed in service on or after the effective
13date of this subd. 1r. c. .... [LRB inserts date], may be included in a renewable energy
14percentage only if the province of Manitoba has informed the commission in writing
15that the interim licenses under which the Lake Winnipeg Regulation Project and the
16Churchill River Diversion Project were operating on the effective date of this subd.
171r. c. .... [LRB inserts date], have been replaced by final licenses and that those
18projects have received all final approvals, licenses, and permits applicable to them
19under Canadian law and only if the commission determines that such final licenses
20and any other actions taken by the province of Manitoba or Manitoba Hydro-Electric
21Board constitute a reasonable resolution of the concerns of the First Nations affected
22by those projects.
SB450, s. 191
23Section
191. 196.378 (2) (b) 2. of the statutes is repealed.
SB450, s. 192
24Section
192. 196.378 (2) (b) 2m. of the statutes is created to read:
SB450,108,3
1196.378
(2) (b) 2m. A wholesale supplier may demonstrate compliance with the
2renewable portfolio standard on behalf of a member or customer, or on behalf of its
3members or customers in the aggregate.
SB450, s. 193
4Section
193. 196.378 (2) (b) 4. and 5. of the statutes are repealed.
SB450, s. 194
5Section
194. 196.378 (2) (bm) of the statutes is created to read:
SB450,108,66
196.378
(2) (bm) 1. In this paragraph:
SB450,108,127
a. "Energy content ratio" means, with respect to a facility, the ratio in which
8the numerator is the energy content of the biomass, solid waste, refuse-derived fuel,
9or any combination of biomass, solid waste, or refuse-derived fuel, that is burned by
10the facility and the denominator is the energy content of the fossil fuel and the
11biomass, solid waste, refuse-derived fuel, or any combination of biomass, solid
12waste, or refuse-derived fuel, that is burned by the facility.
SB450,108,1513
b. "Facility" means a facility that burns a fossil fuel and also burns biomass,
14solid waste, refuse-derived fuel, or any combination of biomass, solid waste, or
15refuse-derived fuel.
SB450,108,1916
2. The amount of renewable resource credits associated with electricity
17supplied by a facility that may be included in a renewable energy percentage shall
18be an amount equal to the product of the facility's energy content ratio and the total
19amount of the electricity generated by the facility that is sold at retail.
SB450,108,2320
3. The amount of renewable resource credits associated with thermal energy
21supplied by a facility that may be included in a renewable energy percentage shall
22be an amount equal to the product of the facility's energy content ratio and the total
23amount of thermal energy that is produced by the facility.
SB450, s. 195
24Section
195. 196.378 (2) (c) of the statutes is renumbered 196.378 (2) (c) 1. and
25amended to read:
SB450,109,16
1196.378
(2) (c) 1. No later than April 15 annually, or another annual date
2specified by the commission by rule, an electric provider shall submit a report to the
3commission that identifies the electric provider's renewable energy percentage for
4the previous year
and, beginning with the report submitted in 2021, the electric
5provider's in-state percentage for the previous year, and describes the electric
6provider's compliance with
par. (a) 2. the renewable portfolio standard and the
7electric provider's implementation plans for future compliance.
Reports under this
8paragraph may include certifications from renewable energy suppliers regarding the
9sources and amounts of renewable energy supplied to the electric provider. The
10commission may specify the documentation that is required to be included with
11reports submitted under this paragraph. The commission may require that electric
12providers submit the reports in a proceeding, initiated by the commission under this
13section relating to the implementation of s. 1.12, or in a proceeding for preparing a
14strategic energy assessment under s. 196.491 (2).
A wholesale supplier may submit
15a report under this subdivision on behalf of a member or customer or on behalf of its
16members or customers in the aggregate.
SB450,109,20
172. No later than 90 days after the commission's receipt of
an electric provider's 18a report
submitted by or on behalf of an electric provider under subd. 1., the
19commission shall inform the electric provider whether the electric provider is in
20compliance with
par. (a) 2. the renewable portfolio standard.
SB450, s. 196
21Section
196. 196.378 (2) (d) (intro.) of the statutes is amended to read:
SB450,110,222
196.378
(2) (d) (intro.) The commission shall allow an electric utility to recover
23from ratepayers the cost of
providing total renewable energy to its retail customers
24in amounts that equal or exceed the percentages specified in par. (a) complying with
25or exceeding the renewable portfolio standard. Subject to any approval of the
1commission that is necessary, an electric utility may recover costs under this
2paragraph by any of the following methods:
SB450, s. 197
3Section
197. 196.378 (2) (e) (intro.) of the statutes is amended to read:
SB450,110,104
196.378
(2) (e) (intro.) An electric provider
, or a wholesale supplier for its
5members, may request that the commission grant a delay for complying with a
6deadline specified in
par. (a) 2. the renewable portfolio standard. The commission
7shall hold a hearing on the request and, if requested by the electric provider
or
8wholesale supplier, treat the matter as a contested case. The commission shall grant
9a delay if the commission determines that the applicant has demonstrated good faith
10efforts to comply with the deadline and that any of the following applies:
SB450, s. 198
11Section
198. 196.378 (2) (f) of the statutes is amended to read:
SB450,110,2112
196.378
(2) (f) A wholesale
electric cooperative for its members or a municipal
13electric company supplier for its members
or customers may delay compliance with
14a deadline specified in
par. (a) 2. the renewable portfolio standard for any reason
15specified in par. (e) 1. to 4. A wholesale
electric cooperative or a municipal electric
16company supplier that delays compliance with a deadline specified in
par. (a) 2. the
17renewable portfolio standard shall inform the commission of the delay and the
18reason for the delay, and shall submit information to the commission demonstrating
19that, notwithstanding good faith efforts by the wholesale
electric cooperative or
20municipal electric company supplier and its members
or customers, the members
or
21customers cannot meet the deadline for the stated reason.
SB450, s. 199
22Section
199. 196.378 (2) (g) 2. of the statutes is amended to read:
SB450,111,523
196.378
(2) (g) 2. An energy consumer advocacy group may request that the
24commission grant to an electric provider that serves one or more members of the
25group a delay for complying with a deadline specified in
par. (a) 2. the renewable
1portfolio standard. The commission shall hold a hearing on the request and, if
2requested by the energy consumer advocacy group, treat the matter as a contested
3case. The commission shall grant a delay if the commission determines that the
4utility has demonstrated good faith efforts to comply with the deadline and that any
5of the conditions in par. (e) 1. to 4. apply.
SB450, s. 200
6Section
200. 196.378 (2) (h) of the statutes is created to read:
SB450,111,107
196.378
(2) (h) For purposes of pars. (e), (f), and (g), a renewable energy
8percentage deadline for a year and an in-state percentage deadline for the same year
9are separate deadlines for which separate delays must be granted or authorized
10under par. (e), (f), or (g).
SB450, s. 201
11Section
201. 196.378 (3) of the statutes is repealed and recreated to read:
SB450,111,1612
196.378
(3) Renewable resource credits. (a) 1. Except as provided in par. (d),
13whenever a person generates renewable energy, the person creates renewable
14resource credits in an amount equal to one credit for each megawatt hour of
15renewable energy generated. A person that generates renewable energy may do any
16of the following:
SB450,111,2017
a. Sell the renewable energy and the associated renewable resource credits to
18any other person. For renewable energy that is sold at wholesale in this state, the
19sale is considered to include the associated renewable resource credits unless an
20agreement between the parties specifies otherwise.
SB450,111,2421
b. Except as provided in s. 196.379 (6), separate the renewable resource credits
22from the renewable energy and sell, trade, transfer, assign, bank for future use, or
23permanently retire the credits or, if the person is an electric provider, elect to include
24the credits in the electric provider's renewable energy percentage.
SB450,112,3
12. A person that purchases renewable energy from which the associated
2renewable resource credits have not been separated may take any of the actions
3described in subds. 1. a. and b.
SB450,112,74
3. A person that purchases renewable resource credits may sell, trade, transfer,
5assign, bank for future use, or permanently retire the credits, or, if the person is an
6electric provider, elect to include the credits in the electric provider's renewable
7energy percentage.
SB450,112,138
4. An electric provider may include renewable resource credits created by the
9generation of renewable energy outside this state in the electric provider's renewable
10energy percentage if the credits are documented in a regional renewable resource
11credit tracking system designated by the commission in rules promulgated under
12par. (b) and the credits satisfy the requirements of this subsection and the rules
13promulgated under par. (b).
SB450,112,1714
5. An electric provider may not include a renewable resource credit in the
15electric provider's renewable energy percentage if the renewable resource credit or
16renewable energy from which the credit has been separated has been used to comply
17with the renewable energy requirements of another state.
SB450,112,2018
6. An electric provider may not use renewable resource credits created by the
19generation of renewable energy outside this state to comply with an in-state
20percentage requirement of the renewable portfolio standard.
SB450,112,2321
7. A renewable resource credit remains eligible to be included in a renewable
22energy percentage until an electric provider uses the credit in the electric provider's
23renewable energy percentage or the owner of the credit retires the credit.
SB450,113,424
(b) The commission shall promulgate rules that establish requirements and
25procedures for creating, selling, trading, transferring, assigning, banking, and
1retiring renewable resource credits, for an electric provider's inclusion of renewable
2resource credits in the electric provider's renewable energy percentage, and for
3tracking renewable resource credits under a regional renewable resource credit
4tracking system designated by the commission.
SB450,113,85
(c) The commission shall promulgate rules that allow an electric provider to
6include in the electric provider's renewable energy percentage renewable energy
7generated or purchased by the electric provider from which renewable resource
8credits have not been separated.
SB450,113,119
(d) Renewable resource credits associated with hydroelectric power specified
10in sub. (2) (b) 1m. a. and b. may not be sold, traded, transferred, assigned, or banked
11for future use.
SB450, s. 202
12Section
202. 196.378 (3m) of the statutes is created to read:
SB450,113,2413
196.378
(3m) Nonelectric energy. (a) The commission shall promulgate rules
14allowing an electric provider to include in its renewable energy percentage for a year
15the megawatt hour equivalent of nonelectric energy produced or generated by the
16electric provider in the year. The commission shall also promulgate rules allowing
17any person, including an electric provider, to create a certificate documenting the
18megawatt hour equivalent of nonelectric energy produced or generated by the person
19in a year and to sell the certificate to an electric provider for inclusion in the electric
20provider's renewable energy percentage for that year. An electric provider who
21purchases a certificate may sell the certificate to another electric provider, but a
22certificate may be included in an electric provider's renewable energy percentage
23only in the year that the nonelectric energy documented by the certificate was
24generated. There is no limit on the number of sales in a year by electric providers.
SB450,114,4
1(b) The rules promulgated under par. (a) shall include requirements and
2procedures for determining the megawatt hour equivalent of nonelectric energy,
3measuring and verifying nonelectric energy, and demonstrating that nonelectric
4energy has displaced fossil fuel use in this state.
SB450, s. 204
7Section
204. 196.378 (4m) (a) of the statutes is amended to read:
SB450,114,158
196.378
(4m) (a) The commission may not impose on an electric provider any
9requirement that increases the electric provider's renewable energy percentage
or
10in-state percentage beyond that required under
sub. (2) (a) 2. the renewable portfolio
11standard. If an electric provider is in compliance with the
requirements of sub. (2)
12(a) 2. renewable portfolio standard, the commission may not require the electric
13provider to undertake, administer, or fund any other renewable energy program.
14This paragraph does not limit the authority of the commission to enforce an electric
15provider's obligations under s. 196.374
or 196.379.
SB450, s. 205
16Section
205. 196.378 (4m) (b) of the statutes is amended to read:
SB450,114,2117
196.378
(4m) (b) An electric utility may, with commission approval, administer
18or fund a program that increases the electric utility's renewable energy percentage
19or in-state percentage beyond that required under
sub. (2) (a) 2. the renewable
20portfolio standard. The commission may not order an electric utility to administer
21or fund a program under this paragraph.
SB450, s. 206
22Section
206. 196.378 (5) (intro.) of the statutes is amended to read:
SB450,115,523
196.378
(5) Penalty. (intro.) Any person who violates sub. (2) or
any renewable
24energy supplier who provides an electric provider with
a false or misleading
25certification information regarding the sources or amounts of renewable energy
1supplied at wholesale to the electric provider shall forfeit not less than $5,000 nor
2more than $500,000. Forfeitures under this subsection shall be enforced by action
3on behalf of the state by the attorney general. A court imposing a forfeiture under
4this subsection shall consider all of the following in determining the amount of the
5forfeiture:
SB450, s. 207
6Section
207. 196.378 (5) (a) of the statutes is amended to read:
SB450,115,87
196.378
(5) (a) The appropriateness of the forfeiture to the person's
or
8wholesale supplier's volume of business.
SB450, s. 208
9Section
208. 196.379 of the statutes is created to read:
SB450,115,10
10196.379 Renewable tariffs. (1) Definitions. In this section:
SB450,115,1111
(a) "Electric utility" has the meaning given in s. 196.378 (1r) (d).
SB450,115,1312
(b) "Large electric utility" means an electric utility that had retail electric sales
13in 2008 of 2,500,000 megawatt hours or more.
SB450,115,1414
(c) "Renewable energy" means electricity derived from a renewable facility.
SB450,115,1715
(d) "Renewable facility" means an electric generating facility that is a
16small-scale facility, as determined by the commission, and that derives energy from
17any of the following:
SB450,115,1818
1. Photovoltaic energy.
SB450,115,1919
2. Wind power.
SB450,115,2020
3. Gas made from a renewable resource.
SB450,115,2121
4. Any other renewable resource specified by the commission.
SB450,115,2222
(e) "Renewable resource" has the meaning given in s. 196.374 (1) (j).
SB450,115,2323
(f) "Renewable resource credit" has the meaning given in s. 196.378 (1r) (i).
SB450,115,2524
(g) "Small electric utility" means an electric utility that had retail electric sales
25in 2008 of less than 2,500,000 megawatt hours.
SB450,116,3
1(2) Purpose. The purpose of this section is to maximize the development and
2deployment of distributed renewable energy generation technologies used at
3renewable facilities without unreasonable impacts on electric utility rates.
SB450,116,8
4(3) Orders. (a)
Generally. Except as provided in par. (b), the commission shall
5issue an order directed to each electric utility requiring the electric utility to offer to
6purchase, under standard purchase terms and other conditions specified in the
7order, the renewable energy generated at renewable facilities within the electric
8utility's service territory that are constructed after the effective date of the order.
SB450,116,129
(b)
Exemptions. 1. `Small electric utilities.' In an order under par. (a) directed
10to a small electric utility, the commission may provide that the small electric utility
11is not required to purchase renewable energy generated at particular types of
12renewable facilities specified in the order.