SB450, s. 62
24Section
62. 196.025 (1) (b) 1. b. of the statutes is created to read:
SB450,71,6
1196.025
(1) (b) 1. b. If the electric public utility is a municipal utility, the
2commission determines under s. 196.374 (8) that the electric public utility has, on
3average over the 4 years preceding the commencement of the proceeding, met, in the
4aggregate, the goals established under s. 196.374 (3) (bn) 1. f. for the electric public
5utility or the commission determines that the electric public utility has made a good
6faith effort to meet the goals during such 4-year period.
SB450, s. 63
7Section
63. 196.025 (1) (b) 2. of the statutes is amended to read:
SB450,71,228
196.025
(1) (b) 2. In a proceeding in which a wholesale supplier
that has
9accepted an assignment from a municipal utility or retail electric cooperative under
10s. 196.374 (7) (bg) is a party, the commission shall not order or otherwise impose
11energy conservation or efficiency requirements on the wholesale supplier
or any
12municipal utility or retail electric cooperative that made the assignment if the
13commission has fulfilled all of its duties under s. 196.374 and the
wholesale
14supplier's members are in the aggregate substantially in compliance with s. 196.374
15(7) commission determines under s. 196.374 (8) that the wholesale supplier or all
16municipal utilities or retail electric cooperatives from which the wholesale supplier
17has accepted assignment have, on average over the 4 years preceding the
18commencement of the proceeding, met, in the aggregate, the goals established under
19s. 196.374 (3) (bn) 1. f. for the municipal utilities or retail electric cooperatives or the
20commission determines that the wholesale supplier, municipal utilities, or retail
21electric cooperatives have made a good faith effort to meet the goals during such
22four-year period.
SB450, s. 64
23Section
64. 196.025 (1) (c) 1. of the statutes is amended to read:
SB450,72,624
196.025
(1) (c) 1. In a proceeding in which an
investor-owned electric public
25utility is a party, the commission shall not order or otherwise impose any renewable
1resource requirements on the
investor-owned electric public utility if the
2commission has fulfilled all of its duties under s. 196.378 and the commission has
3informed the utility under s. 196.378 (2) (c)
2. that, with respect to the most recent
4report submitted under s. 196.378 (2) (c)
1., the utility is in compliance with the
5requirements of s. 196.378 (2) (a) 2.
This subdivision does not limit the authority of
6the commission to enforce a public utility's obligations under s. 196.374 or 196.379.
SB450, s. 65
7Section
65. 196.025 (1) (c) 2. of the statutes is amended to read:
SB450,72,128
196.025
(1) (c) 2. In a proceeding in which a wholesale supplier is a party, the
9commission shall not order or otherwise impose any renewable resource
10requirements on the wholesale supplier if the commission has fulfilled all of its
11duties under s. 196.378 and the wholesale supplier's members
or customers are in
12the aggregate substantially in compliance with s. 196.378 (2).
SB450, s. 66
13Section
66. 196.025 (1) (c) 3. of the statutes is created to read:
SB450,72,1714
196.025
(1) (c) 3. The commission shall give priority in the scheduling of its
15business to the consideration of applications for a certificate of authority under s.
16196.49, or a certificate of public convenience and necessity under s. 196.491 (3), for
17a proposed renewable facility, as defined in s. 196.378 (1r) (g).
SB450, s. 67
18Section
67. 196.025 (1) (e) of the statutes is created to read:
SB450,73,219
196.025
(1) (e)
Exercise of regulatory authority. The commission shall exercise
20its regulatory authority to ensure that the maximum reductions in the use of and
21demand for electricity and natural gas are achieved through the implementation of
22cost-effective energy efficiency and conservation programs, utility demand response
23and load management programs, and tariffs designed to reduce energy use, while
24taking account of the costs and benefits for customers and the need to maintain a
1highly reliable system capable of delivering an adequate supply of electricity and
2natural gas at reasonable cost.
SB450, s. 68
3Section
68. 196.025 (2m) (c) of the statutes is amended to read:
SB450,73,144
196.025
(2m) (c) Paragraph (b) does not waive any duty of the commission or
5the department to comply with s. 1.11 or to take any other action required by law
6regarding a project, except that, in the consideration of alternative locations, sites,
7or routes for a project, the commission and the department are required to consider
8only the location, site, or route for the project identified in an application for a
9certificate under s. 196.49 and no more than one alternative location, site, or route;
10and, for a project identified in an application for a certificate under s. 196.491 (3),
11other than an application for a renewable facility, as defined in s. 196.378 (1r) (g), the
12commission and the department are required to consider only the location, site, or
13route for the project identified in the application and one alternative location, site,
14or route.
SB450, s. 69
15Section
69. 196.025 (7) of the statutes is created to read:
SB450,73,1916
196.025
(7) Energy conservation assessment. No later than July 1, 2013, and
17at least every 4 years thereafter, the commission shall prepare and provide to the
18department of natural resources an assessment of progress toward meeting the
19statewide energy conservation goals in s. 299.03 (3m).
SB450, s. 70
20Section
70. 196.25 (1) of the statutes is renumbered 196.25 (1r).
SB450, s. 71
21Section
71. 196.25 (1g) of the statutes is created to read:
SB450,73,2522
196.25
(1g) In this section, "public utility" includes the owner or operator of a
23nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has
24issued a certificate of public convenience and necessity under s. 196.491 (3) on or
25after the date specified in the notice published under s. 196.493 (3) (b).
SB450, s. 72
1Section
72. 196.374 (1) (am) of the statutes is created to read:
SB450,74,52
196.374
(1) (am) "Biomass" means plant material or residue, biological waste,
3or landfill gases. "Biomass" does not include garbage, as defined in s. 289.01 (9), or
4nonbiological industrial, nonbiological commercial, or nonbiological household
5waste.
SB450, s. 73
6Section
73. 196.374 (1) (b) of the statutes is amended to read:
SB450,74,127
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.
SB450, s. 74
13Section
74. 196.374 (1) (c) of the statutes is amended to read:
SB450,74,1714
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.
SB450, s. 75
18Section
75. 196.374 (1) (d) of the statutes is amended to read:
SB450,74,2219
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.
SB450, s. 76
23Section
76. 196.374 (1) (dm) of the statutes is created to read:
SB450,74,2524
196.374
(1) (dm) "Energy provider" means an energy utility, municipal utility,
25or retail electric cooperative.
SB450, s. 77
1Section
77. 196.374 (1) (er) of the statutes is created to read:
SB450,75,32
196.374
(1) (er) "Large energy customer program" means a program under sub.
3(2) (c).
SB450, s. 78
4Section
78. 196.374 (1) (f) of the statutes is amended to read:
SB450,75,105
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.
SB450, s. 79
11Section
79. 196.374 (1) (hm) of the statutes is created to read:
SB450,75,1312
196.374
(1) (hm) "Natural gas" does not include natural gas that is used to
13generate electricity.
SB450, s. 80
14Section
80. 196.374 (1) (i) of the statutes is repealed.
SB450, s. 81
15Section
81. 196.374 (1) (ig) of the statutes is created to read:
SB450,75,1816
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.
SB450, s. 82
19Section
82. 196.374 (1) (ir) of the statutes is created to read:
SB450,75,2020
196.374
(1) (ir) "Regulated fuel" means electricity or natural gas.
SB450, s. 83
21Section
83. 196.374 (1) (j) (intro.) of the statutes is amended to read:
SB450,76,222
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:
SB450, s. 84
3Section
84. 196.374 (1) (j) 8. of the statutes is created to read:
SB450,76,44
196.374
(1) (j) 8. Any other resource designated by the commission by rule.
SB450, s. 85
5Section
85. 196.374 (1) (mb) of the statutes is created to read:
SB450,76,76
196.374
(1) (mb) "Statewide programs" means the statewide energy efficiency
7and renewable resource programs established under sub. (2) (a) 1.
SB450, s. 86
8Section
86. 196.374 (1) (me) of the statutes is created to read:
SB450,76,109
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.
SB450, s. 87
11Section
87. 196.374 (1) (mh) of the statutes is created to read:
SB450,76,1312
196.374
(1) (mh) "Supplemental utility program" means a program under sub.
13(2) (b) 2.
SB450, s. 88
14Section
88. 196.374 (1) (mL) of the statutes is created to read:
SB450,76,1515
196.374
(1) (mL) "Target fuel" means a regulated or unregulated fuel.
SB450, s. 89
16Section
89. 196.374 (1) (mo) of the statutes is created to read:
SB450,76,1817
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.
SB450, s. 90
19Section
90. 196.374 (1) (mr) of the statutes is created to read:
SB450,76,2120
196.374
(1) (mr) "Unregulated fuel" means liquified petroleum gas or heating
21oil.
SB450, s. 91
22Section
91. 196.374 (1) (mu) of the statutes is created to read:
SB450,76,2423
196.374
(1) (mu) "Utility-administered program" means a program under sub.
24(2) (b) 1.
SB450, s. 92
25Section
92. 196.374 (1) (o) of the statutes is repealed.
SB450, s. 93
1Section
93. 196.374 (2) (a) 1. of the statutes is amended to read:
SB450,77,112
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.
SB450, s. 94
12Section
94. 196.374 (2) (a) 2. (intro.) of the statutes is amended to read:
SB450,77,1813
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:
SB450, s. 95
19Section
95. 196.374 (2) (a) 2. a. of the statutes is amended to read:
SB450,77,2220
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.
SB450, s. 96
23Section
96. 196.374 (2) (a) 2. b. of the statutes is amended to read:
SB450,78,1024
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.
SB450, s. 97
11Section
97. 196.374 (2) (a) 2. d. of the statutes is amended to read:
SB450,78,1312
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.
SB450, s. 98
14Section
98. 196.374 (2) (a) 3. of the statutes is amended to read:
SB450,78,1915
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.
SB450, s. 99
20Section
99. 196.374 (2) (b) (title) of the statutes is amended to read:
SB450,78,2121
196.374
(2) (b) (title)
Utility-administered and supplemental utility programs.
SB450, s. 100
22Section
100. 196.374 (2) (b) 1. of the statutes is amended to read:
SB450,79,523
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.
SB450, s. 101
6Section
101. 196.374 (2) (b) 2. of the statutes is amended to read:
SB450,79,127
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.
SB450, s. 102
13Section
102. 196.374 (2) (b) 3. of the statutes is amended to read:
SB450,79,2114
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.
SB450, s. 103
22Section
103. 196.374 (2) (c) of the statutes is amended to read:
SB450,80,923
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.
SB450, 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:
SB450,81,612
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.
SB450, s. 105
7Section
105. 196.374 (3) (b) (title) and 2. to 4. of the statutes are repealed.
SB450, s. 106
8Section
106. 196.374 (3) (bc), (bg), (bn), (br) and (bw) of the statutes are created
9to read:
SB450,81,1410
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).
SB450,81,1815
(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:
SB450,81,2019
a. Cost-effective energy efficiency and renewable resource programs
20administered by energy providers or other persons.
SB450,81,2421
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).