Feed for /2011/related/proposals/sb81 PDF
LRB-1579/7
MDK:jld:md
2011 - 2012 LEGISLATURE
April 28, 2011 - Introduced by Senators Lasee, Galloway, Leibham, Hopper, Wirch,
Hansen, Holperin
and Lassa, cosponsored by Representatives Klenke,
Weininger, Jacque, Honadel, Ziegelbauer, Nygren, Tauchen, Petersen, A.
Ott, Bies, Meyer, Petrowski, Van Roy, LeMahieu, Tiffany, Steineke,
Spanbauer
and Ballweg. Referred to Committee on Judiciary, Utilities,
Commerce, and Government Operations.
SB81,1,4 1An Act to amend 196.378 (1) (h) 1m. and 196.378 (2) (b) 1m.; and to create
2196.378 (1) (dm), 196.378 (1) (m) and 196.378 (2) (b) 1o. of the statutes; relating
3to:
eligibility of hydroelectric resources under the renewable portfolio
4standard.
Analysis by the Legislative Reference Bureau
Under current law, an electric utility or retail electric cooperative (electric
provider) is subject to certain requirements for ensuring that, in a given year, a
specified percentage of the electricity that the electric provider sells to retail
customers or members is derived from renewable resources. These requirements are
commonly collectively referred to as the renewable portfolio standard (RPS).
"Renewable resource" is defined to include certain resources, including a resource
deriving electricity from hydroelectric power that has a capacity of less than 60
megawatts. An electric provider may count toward compliance with the RPS
electricity purchased by the electric provider that is generated from such a
hydroelectric resource. Subject to certain requirements, an electric provider can also
count electricity generated from such a hydroelectric resource that the electric
provider owns or operates.
Effective December 31, 2015, this bill allows, under certain circumstances, an
electric provider to count toward compliance with the RPS electricity derived by a
hydroelectric facility with a capacity of 60 megawatts or more, which the bill defines
as a "large hydroelectric facility." The bill allows an electric provider to count
electricity derived from a large hydroelectric facility only if the facility was initially

placed in service on or after December 31, 2010. In addition, for a large hydroelectric
facility located in Manitoba, Canada, the electricity may be counted toward
compliance only if the following are satisfied: 1) the Province of Manitoba informs
the Public Service Commission in writing that final licenses have replaced interim
licenses for two specified hydroelectric projects located in the province; and 2) those
final licenses are in effect under Canadian law. The bill does not change the
requirements under current law relating to electricity derived from a hydroelectric
facility with a capacity of less than 60 megawatts, except that the bill defines such
a facility as a "small hydroelectric facility."
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB81, s. 1 1Section 1. 196.378 (1) (dm) of the statutes is created to read:
SB81,2,42 196.378 (1) (dm) "Large hydroelectric facility" means an electric generating
3facility with a capacity of 60 megawatts or more that derives electricity from
4hydroelectric power.
SB81, s. 2 5Section 2. 196.378 (1) (h) 1m. of the statutes is amended to read:
SB81,2,76 196.378 (1) (h) 1m. A resource with a capacity of less than 60 megawatts that
7derives electricity from hydroelectric power.
SB81, s. 3 8Section 3. 196.378 (1) (m) of the statutes is created to read:
SB81,2,119 196.378 (1) (m) "Small hydroelectric facility" means an electric generating
10facility with a capacity of less than 60 megawatts that derives electricity from
11hydroelectric power.
SB81, s. 4 12Section 4. 196.378 (2) (b) 1m. of the statutes is amended to read:
SB81,2,1713 196.378 (2) (b) 1m. The amount of electricity derived from small hydroelectric
14renewable resources facilities that an electric provider may count toward satisfying
15the requirements of par. (a) 2. shall be all electricity provided by hydroelectric power
16such facilities that the electric provider purchased in the reporting year plus all of
17the following:
SB81,3,5
1a. The average of the amounts of hydroelectric power generated by small
2hydroelectric
facilities owned or operated by the electric provider for 2001, 2002, and
32003, adjusted to reflect the permanent removal from service of any of those facilities
4and adjusted to reflect any capacity increases from improvements made to those
5facilities on or after January 1, 2004.
SB81,3,86 b. The amount of hydroelectric power generated in the reporting year by small
7hydroelectric
facilities owned or operated by the electric provider that are initially
8placed in service on or after January 1, 2004.
SB81, s. 5 9Section 5. 196.378 (2) (b) 1o. of the statutes is created to read:
SB81,3,1310 196.378 (2) (b) 1o. An electric provider may count electricity derived from a
11large hydroelectric facility toward satisfying the requirements of par. (a) 2. only if the
12facility was initially placed in service on or after December 31, 2010, and, if the
13facility is located in Manitoba, Canada, all of the following are satisfied:
SB81,3,1714 a. The province of Manitoba has informed the commission in writing that the
15interim licenses under which the Lake Winnipeg Regulation Project and the
16Churchill River Diversion Project were operating on the effective date of this subd.
171o. a. .... [LRB inserts date], have been replaced by final licenses.
SB81,3,1818 b. The final licenses specified in subd. 1o. a. are in effect under Canadian law.
SB81, s. 6 19Section 6. Effective date.
SB81,3,2020 (1) This act takes effect on December 31, 2015.
SB81,3,2121 (End)
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