LRB-2363/1
MDK:wlj
2015 - 2016 LEGISLATURE
March 21, 2016 - Introduced by Senator Stroebel, cosponsored by Representatives
Craig, R. Brooks, Hutton, Jacque, Katsma, Kremer, J. Ott and Sanfelippo.
Referred to Committee on Natural Resources and Energy.
SB794,2,2
1An Act to repeal 196.025 (1) (ag) 1., 196.025 (1) (c), 196.378 (title), 196.378 (1)
2(intro.), 196.378 (1) (ag) and (am), 196.378 (1) (b) to (d), 196.378 (1) (dm),
3196.378 (1) (fg) to (fr), 196.378 (1) (h) 2., 196.378 (1) (i), 196.378 (1) (k), 196.378
4(1) (m), 196.378 (1) (o) and (p), 196.378 (2), 196.378 (3), 196.378 (4), 196.378
5(4m), 196.378 (4r) and 196.378 (5);
to renumber 196.378 (1) (ar), 196.378 (1)
6(h) (intro.) and 1. (intro.), 196.378 (1) (h) 1m. and 196.378 (1) (j);
to renumber
7and amend 196.378 (1) (g), 196.378 (1) (h) 1. a. to j. and 196.378 (4g);
to
8consolidate, renumber and amend 196.025 (1) (ag) (intro.) and 2.;
to amend
916.75 (12) (a) 4., 26.42 (1) (c), 66.0401 (1e) (a), 66.0401 (1m) (intro.), 66.0401 (4)
10(b), 66.0401 (4) (c), 66.0401 (4) (f) 1., 66.0401 (4) (g), 66.0401 (5) (d), 66.0401 (6)
11(c), 70.111 (18), 77.54 (30) (a) 1m., 79.005 (1b), 79.005 (4) (d), 93.46 (1) (d) 3.,
12196.025 (1) (ar), 196.374 (2) (a) 3., 196.374 (3) (a), 196.491 (3) (dg), 238.15 (1)
13(g) and 285.48 (4) (a); and
to create 79.005 (1dg) of the statutes;
relating to:
1renewable portfolio standards applicable to certain electric utilities and
2cooperatives.
Analysis by the Legislative Reference Bureau
This bill eliminates requirements under current law for electric utilities and
retail electric cooperatives (electric providers) to ensure 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.
The requirements are commonly and collectively referred to as renewable
portfolio standards (RPSs). "Renewable resource" is defined to include a resource
deriving electricity from any of the following: certain fuel cells; tidal or wave action;
solar thermal electric or photovoltaic energy; wind power; geothermal technology;
biomass; certain synthetic gases; certain densified fuel pellets; fuels produced by
pyrolysis of organic or waste material; and certain hydroelectric facilities. In
addition, current law allows the Public Service Commission (PSC) to promulgate
rules designating other resources as renewable resources. Under that authority, the
PSC has promulgated rules designating biogas a renewable resource. Current law
also provides for the creation of credits based on the electricity that an electric
provider derives from renewable resources. An electric provider may use the credits
it creates to comply with an RPS for a particular year or sell the credits to another
electric provider who may use the purchased credits to comply with an RPS. The bill
eliminates all of the foregoing requirements and provisions.
The bill also eliminates a goal under current law that, by December 31, 2015,
10 percent of all electricity consumed in the state is derived from renewable
resources. In addition, the bill eliminates a requirement under current law for the
PSC to make annual reports regarding the goal.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB794,1
3Section
1. 16.75 (12) (a) 4. of the statutes is amended to read:
SB794,2,64
16.75
(12) (a) 4. "Renewable resource" has the meaning given in s.
196.378 (1)
5(h) 1. or 2. 79.005 (3r) (a) and includes a resource, as defined in s.
196.378 (1) (j) 79.005
6(5), that derives electricity from hydroelectric power.
SB794,2
7Section
2. 26.42 (1) (c) of the statutes is amended to read:
SB794,2,98
26.42
(1) (c) Electricity
, including electricity that satisfies the requirements in
9s. 196.378 (2).
SB794,3
1Section
3. 66.0401 (1e) (a) of the statutes is amended to read:
SB794,3,42
66.0401
(1e) (a) "Application for approval" means an application for approval
3of a wind energy system under rules promulgated by the commission under s.
4196.378 (4g) (c) 1 196.379 (3) (a).
SB794,4
5Section
4. 66.0401 (1m) (intro.) of the statutes is amended to read:
SB794,3,126
66.0401
(1m) Authority to restrict systems limited. (intro.) No political
7subdivision may place any restriction, either directly or in effect, on the installation
8or use of a wind energy system that is more restrictive than the rules promulgated
9by the commission under s.
196.378 (4g) (b) 196.379 (2). No political subdivision may
10place any restriction, either directly or in effect, on the installation or use of a solar
11energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, unless the
12restriction satisfies one of the following conditions:
SB794,5
13Section
5. 66.0401 (4) (b) of the statutes is amended to read:
SB794,3,1914
66.0401
(4) (b) A political subdivision shall make a record of its decision making
15on an application for approval, including a recording of any public hearing, copies of
16documents submitted at any public hearing, and copies of any other documents
17provided to the political subdivision in connection with the application for approval.
18The political subdivision's record shall conform to the commission's rules
19promulgated under s.
196.378 (4g) (c) 2 196.379 (3) (b).
SB794,6
20Section
6. 66.0401 (4) (c) of the statutes is amended to read:
SB794,3,2521
66.0401
(4) (c) A political subdivision shall base its decision on an application
22for approval on written findings of fact that are supported by the evidence in the
23record under par. (b). A political subdivision's procedure for reviewing the
24application for approval shall conform to the commission's rules promulgated under
25s.
196.378 (4g) (c) 3 196.379 (3) (c).
SB794,7
1Section
7. 66.0401 (4) (f) 1. of the statutes is amended to read:
SB794,4,52
66.0401
(4) (f) 1. Except as provided in subd. 2., a political subdivision may not
3deny or impose a restriction on an application for approval unless the political
4subdivision enacts an ordinance that is no more restrictive than the rules the
5commission promulgates under s.
196.378 (4g) (b)
196.379 (2).
SB794,8
6Section
8. 66.0401 (4) (g) of the statutes is amended to read:
SB794,4,107
66.0401
(4) (g) A political subdivision that chooses to regulate wind energy
8systems shall enact an ordinance, subject to sub. (6) (b), that is no more restrictive
9than the applicable standards established by the commission in rules promulgated
10under s.
196.378 (4g) 196.379.
SB794,9
11Section
9. 66.0401 (5) (d) of the statutes is amended to read:
SB794,4,2112
66.0401
(5) (d) The commission may confine its review to the records it receives
13from the political subdivision or, if it finds that additional information would be
14relevant to its decision, expand the records it reviews. The commission shall issue
15a decision within 90 days after the date on which it receives all of the records it
16requests under par. (c), unless for good cause the commission extends this time
17period in writing. If the commission determines that the political subdivision's
18decision or enforcement action does not comply with the rules it promulgates under
19s.
196.378 (4g) 196.379 or is otherwise unreasonable, the political subdivision's
20decision shall be superseded by the commission's decision and the commission may
21order an appropriate remedy.
SB794,10
22Section
10. 66.0401 (6) (c) of the statutes is amended to read:
SB794,5,223
66.0401
(6) (c) If a political subdivision enacts an ordinance under sub. (4) (g)
24after the commission's rules promulgated under s.
196.378 (4g) 196.379 take effect,
25the political subdivision may not apply that ordinance to, or require approvals under
1that ordinance for, a wind energy system approved by the political subdivision under
2a previous ordinance or under a development agreement.
SB794,11
3Section
11. 70.111 (18) of the statutes is amended to read:
SB794,6,64
70.111
(18) Energy systems. Biogas or synthetic gas energy systems, solar
5energy systems, and wind energy systems. In this subsection, "biogas or synthetic
6gas energy system" means equipment which directly converts biomass, as defined
7under section
45K (c) (3) of the Internal Revenue Code, as interpreted by the Internal
8Revenue Service, into biogas or synthetic gas, equipment which generates electricity,
9heat, or compressed natural gas exclusively from biogas or synthetic gas, equipment
10which is used exclusively for the direct transfer or storage of biomass, biogas, or
11synthetic gas, and any structure used exclusively to shelter or operate such
12equipment, or the portion of any structure used in part to shelter or operate such
13equipment that is allocable to such use, if all such equipment, and any such
14structure, is located at the same site, and includes manure, substrate, and other
15feedstock collection and delivery systems, pumping and processing equipment,
16gasifiers and digester tanks, biogas and synthetic gas cleaning and compression
17equipment, fiber separation and drying equipment, and heat recovery equipment,
18but does not include equipment or components that are present as part of a
19conventional energy system. In this subsection, "synthetic gas" is a gas that qualifies
20as a renewable resource under s.
196.378 (1) (h) 1. h.
79.005 (3r) (a) 8. In this
21subsection, "solar energy system" means equipment which directly converts and
22then transfers or stores solar energy into usable forms of thermal or electrical energy,
23but does not include equipment or components that would be present as part of a
24conventional energy system or a system that operates without mechanical means.
25In this subsection, "wind energy system" means equipment which converts and then
1transfers or stores energy from the wind into usable forms of energy, but does not
2include equipment or components that would be present as part of a conventional
3energy system. Until the tax incremental district terminates, the exemption under
4this subsection for biogas or synthetic gas energy systems does not apply to property
5in existence on January 1, 2014, and located in a tax incremental financing district
6in effect on January 1, 2014.
SB794,12
7Section
12. 77.54 (30) (a) 1m. of the statutes is amended to read:
SB794,6,98
77.54
(30) (a) 1m. Biomass, as defined in s.
196.378 (1) (ar) 79.005 (1dr), that
9is used for fuel sold for residential use.
SB794,13
10Section
13. 79.005 (1b) of the statutes is amended to read:
SB794,6,1311
79.005
(1b) "Alternative energy resource" means a renewable resource
, as
12defined in s. 196.378 (1) (h); garbage, as defined in s. 289.01 (9); or
13nonvegetation-based industrial, commercial, or household waste.
SB794,14
14Section
14. 79.005 (1dg) of the statutes is created to read:
SB794,6,1615
79.005
(1dg) "Biogas" means a gas created by the anaerobic digestion or
16fermentation of biomass, food processing waste, or discarded food.
SB794,15
17Section
15. 79.005 (4) (d) of the statutes is amended to read:
SB794,6,2118
79.005
(4) (d) Replacing steam generating equipment at a combustion-based
19renewable facility
, as defined in s. 196.378 (1) (g), that is located in this state, to
20increase efficiency or capacity, if the facility remains a combustion-based renewable
21facility
, as defined in s. 196.378 (1) (g), after replacing the equipment.
SB794,16
22Section
16. 93.46 (1) (d) 3. of the statutes is amended to read:
SB794,6,2423
93.46
(1) (d) 3. Electricity
, including electricity that satisfies the requirements
24in s. 196.378 (2).
SB794,17
1Section
17. 196.025 (1) (ag) (intro.) and 2. of the statutes are consolidated,
2renumbered 196.025 (1) (ag) and amended to read:
SB794,7,43
196.025
(1) (ag)
Definitions
Definition. In this subsection
: 2. "Wholesale,
4"wholesale supplier" has the meaning given in s. 16.957 (1) (w).
SB794,18
5Section
18. 196.025 (1) (ag) 1. of the statutes is repealed.
SB794,19
6Section
19. 196.025 (1) (ar) of the statutes is amended to read:
SB794,7,117
196.025
(1) (ar)
Consideration of energy priorities. Except as provided in pars.
8(b)
to and (d), to the extent cost-effective, technically feasible and environmentally
9sound, the commission shall implement the priorities under s. 1.12 (4) in making all
10energy-related decisions and orders, including strategic energy assessment, rate
11setting and rule-making orders.
SB794,20
12Section
20. 196.025 (1) (c) of the statutes is repealed.
SB794,21
13Section
21. 196.374 (2) (a) 3. of the statutes is amended to read:
SB794,7,1814
196.374
(2) (a) 3. The commission may not require an energy utility to
15administer or fund any energy efficiency or renewable resource program that is in
16addition to the programs required under subd. 1. and any ordered program of the
17utility.
This subdivision does not limit the authority of the commission to enforce an
18energy utility's obligations under s. 196.378.