Amendment SSA1-SB459

SB459-SSA1, s. 37 Section 37. 16.957 (5) (b) of the statutes is repealed and recreated to read:

SB459-SSA1,11,16 16.957 (5) (b) Commitment to community programs. 1. Except as provided in subd. 2., annually, each retail electric cooperative and municipal utility shall spend on commitment to community programs an amount equal to the fees that the cooperative or utility charges under par. (a) in that year.

SB459-SSA1,12,2 2. No later than October 1, 2007, and no later than every 3rd year after that date, each municipal utility or retail electric cooperative shall notify the department whether the utility or cooperative has elected to contribute the fees that the utility or cooperative charges under par. (a) to the programs established under sub. (2) (a) in each year of the 3-year period for which the utility or cooperative has made the election. If a municipal utility or retail electric cooperative elects to contribute to the programs established under sub. (2) (a), the utility or cooperative shall pay the low-income assistance fees that the utility or cooperative collects under par. (a) to the department in each year of the 3-year period for which the utility or cooperative has made the election.

SB459-SSA1, s. 38 Section 38. 16.957 (5) (c) and (d) of the statutes are repealed.

SB459-SSA1, s. 39 Section 39. 16.957 (5) (e) (intro.) and 1. of the statutes are consolidated, renumbered 16.957 (5) (e) and amended to read:

SB459-SSA1,12,15 16.957 (5) (e) Wholesale supplier credit. If a wholesale supplier has established a commitment to community program for low-income assistance or an energy conservation program, a municipal utility or retail electric cooperative that is a customer or member of the wholesale supplier may do any of the following: 1. Include include an amount equal to the product of the municipal utility's or retail electric cooperative's wholesale supply percentage and the amount that the wholesale supplier has spent on low-income assistance the commitment to community program in a fiscal year in calculating the amount that the municipal utility or retail electric cooperative has spent on low-income assistance commitment to community programs in that fiscal year under par. (d) 2. b. or 3. a. (b) 1.

SB459-SSA1, s. 40 Section 40. 16.957 (5) (e) 2. of the statutes is repealed.

SB459-SSA1, s. 41 Section 41. 16.957 (5) (f) of the statutes is amended to read:

SB459-SSA1,12,21 16.957 (5) (f) Joint programs. Municipal utilities or retail electric cooperatives may establish joint commitment to community programs, except that each municipal utility or retail electric cooperative that participates in a joint program is required to comply with the spending requirements under par. (d) (b) 1.

SB459-SSA1, s. 42 Section 42. 16.957 (5) (g) 1. (intro.) of the statutes is amended to read:

SB459-SSA1,13,4 16.957 (5) (g) 1. (intro.) For each fiscal year Annually, each municipal utility and retail electric cooperative that does not pay 100% of the public benefits fee spends the low-income assistance fees that it the utility or cooperative charges under par. (a) to the department under par. (c) shall file a report with the department on commitment to community programs under par. (b) 1. shall provide for an independent audit of its programs and submit a report to the department that describes each of the following:

SB459-SSA1, s. 43 Section 43. 16.957 (5) (g) 1. a. of the statutes is amended to read:

SB459-SSA1,13,10 16.957 (5) (g) 1. a. An accounting of public benefits low-income assistance fees charged to customers or members under par. (a) in the fiscal year and expenditures on commitment to community programs under par. (d) (b) 1., including any amounts included in the municipal utility's or retail electric cooperative's calculations under par. (e).

SB459-SSA1, s. 44 Section 44. 16.957 (5) (g) 1. b. of the statutes is amended to read:

SB459-SSA1,13,13 16.957 (5) (g) 1. b. A description of commitment to community programs established by the municipal utility or retail electric cooperative in the fiscal year.

SB459-SSA1, s. 45 Section 45. 16.957 (5) (g) 2. of the statutes is amended to read:

SB459-SSA1,13,18 16.957 (5) (g) 2. The department shall require that municipal utilities and retail electric cooperatives file reports under subd. 1. electronically, in a format that allows for tabulation, comparison, and other analysis of the reports. The department shall maintain reports filed under subd. 1. for at least 6 years.

SB459-SSA1, s. 46 Section 46. 20.505 (3) (s) of the statutes is amended to read:

SB459-SSA1,13,24 20.505 (3) (s) Energy conservation and efficiency and renewable resource grants Transfer to air quality improvement fund. From the utility public benefits fund, a sum sufficient for energy conservation and efficiency and renewable resource grants under s. 16.957 (2) (b) 1. and to make the transfer to the air quality improvement fund under s. 16.958 (2) (a).

SB459-SSA1, s. 47 Section 47. 20.924 (1) (j) of the statutes is created to read:

SB459-SSA1,14,7 20.924 (1) (j) Shall not enter into any lease or other contract that provides for the construction of any building, structure, or facility, or portion thereof, for initial occupancy by the state and that contains an option for the state to purchase the building, structure, or facility unless the seller or lessor agrees that all equipment to be installed as a component of the building, structure, or facility that relates to any function that consumes energy meets applicable requirements for state building projects under s. 16.855 (10s) (a).

SB459-SSA1, s. 48 Section 48. 25.96 of the statutes is amended to read:

SB459-SSA1,14,13 25.96 Utility public benefits fund. There is established a separate nonlapsible trust fund designated as the utility public benefits fund, consisting of deposits by the public service commission under s. 196.374 (3), public benefits low-income assistance fees received under s. 16.957 (4) (a) and (5) (c) and (d) and contributions received under s. 16.957 (2) (c) 4. and (d) 2. (b) 2.

SB459-SSA1, s. 49 Section 49. 76.28 (1) (d) of the statutes is amended to read:

SB459-SSA1,15,25 76.28 (1) (d) "Gross revenues" for a light, heat and power company other than a qualified wholesale electric company or a transmission company means total environmental control charges paid to the company under a financing order issued under s. 196.027 (2) and total operating revenues as reported to the public service commission except revenues for interdepartmental sales and for interdepartmental rents as reported to the public service commission and deductions from the sales and use tax under s. 77.61 (4), except that the company may subtract from revenues either the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company, that purchases under federal or state approved wholesale rates more than 50% of its electric power from a person other than an affiliated interest, as defined in s. 196.52 (1), if the revenue from that purchased electric power is included in the seller's gross revenues or the following percentages of the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company that purchases more than 90% of its power and that has less than $50,000,000 of gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a qualified wholesale electric company, "gross revenues" means total business revenues from those businesses included under par. (e) 1. to 4. For a transmission company, "gross revenues" means total operating revenues as reported to the public service commission, except revenues for transmission service that is provided to a public utility that is subject to the license fee under sub. (2) (d), to a public utility, as defined in s. 196.01 (5), or to a cooperative association organized under ch. 185 for the purpose of providing electricity to its members only. For an electric utility, as defined in s. 16.957 (1) (g), "gross revenues" does not include public benefits low-income assistance fees collected by the electric utility under s. 16.957 (4) (a) or (5) (a). For a generator public utility, "gross revenues" does not include any grants awarded to the generator public utility under s. 16.958 (2) (b). For a wholesale supplier, as defined in s. 16.957 (1) (w), "gross revenues" does not include any public benefits low-income assistance fees that are received from a municipal utility or retail electric cooperative or under a joint program established under s. 16.957 (5) (f). For a municipal utility, "gross revenues" does not include public benefits low-income assistance fees received by the municipal utility from a municipal utility or retail electric cooperative under a joint program established under s. 16.957 (5) (f).

SB459-SSA1, s. 50 Section 50. 76.48 (1g) (d) of the statutes is amended to read:

SB459-SSA1,16,19 76.48 (1g) (d) "Gross revenues" means total operating revenues, except revenues for interdepartmental sales and for interdepartmental rents, less deductions from the sales and use tax under s. 77.61 (4) and, in respect to any electric cooperative that purchases more than 50% of the power it sells, less the actual cost of power purchased for resale by an electric cooperative, if the revenue from that purchased electric power is included in the seller's gross revenues or if the electric cooperative purchased more than 50% of the power it sold in the year prior to January 1, 1988, from a seller located outside this state. For an electric cooperative, "gross revenues" does not include grants awarded to the electric cooperative under s. 16.958 (2) (b). For a retail electric cooperative, "gross revenues" does not include public benefits low-income assistance fees collected by the retail electric cooperative under s. 16.957 (5) (a), public benefits low-income assistance fees received by the retail electric cooperative from a retail electric cooperative or municipal utility under a joint program established under s. 16.957 (5) (f). For a wholesale supplier, as defined in s. 16.957 (1) (w), "gross revenues" does not include any public benefits low-income assistance fees that are received from a municipal utility, as defined in s. 16.957 (1) (q), or retail electric cooperative or under a joint program established under s. 16.957 (5) (f).

SB459-SSA1, s. 51 Section 51. 77.54 (44) of the statutes is amended to read:

SB459-SSA1,16,22 77.54 (44) The gross receipts from the collection of public benefits low-income assistance fees that are charged under s. 16.957 (4) (a) or (5) (a).

SB459-SSA1, s. 52 Section 52. 79.005 (4) (d) of the statutes is amended to read:

SB459-SSA1,17,2 79.005 (4) (d) Replacing steam generating equipment at a combustion-based renewable facility, as defined in s. 196.378 (1) (g), that is located in this state, to increase efficiency or capacity, if the facility remains a combustion-based renewable facility, as defined in s. 196.378 (1) (g), after replacing the equipment.

SB459-SSA1, s. 53 Section 53. 101.027 (1) (intro.) and (a) of the statutes are consolidated, renumbered 101.027 (1) and amended to read:

SB459-SSA1,17,8 101.027 (1) In this section: (a) "Energy, "energy conservation code" means the energy conservation code promulgated by the department that sets design requirements for construction and equipment for the purpose of energy conservation in public buildings and places of employment.

SB459-SSA1, s. 54 Section 54. 101.027 (1) (b) of the statutes is repealed.

SB459-SSA1, s. 55 Section 55. 101.027 (2) of the statutes is amended to read:

SB459-SSA1,18,2 101.027 (2) The department shall review the energy conservation code and shall promulgate rules that change the requirements of the energy conservation code to improve energy conservation. No rule may be promulgated that has not taken into account the cost of the energy conservation code requirement, as changed by the rule, in relationship to the benefits derived from that requirement, including the reasonably foreseeable economic and environmental benefits to the state from any reduction in the use of imported fossil fuel. The proposed rules changing the energy conservation code shall be submitted to the legislature in the manner provided under s. 227.19. In conducting a review under this subsection, the department shall consider incorporating, into the energy conservation code, design requirements from the most current national energy efficiency design standards, including standard 90.1 - 1989 the International Energy Conservation Code or an energy efficiency code other than standard 90.1 - 1989 the International Energy Conservation Code if that energy efficiency code is used to prescribe design requirements for the purpose of conserving energy in buildings and is generally accepted and used by engineers and the construction industry.

SB459-SSA1, s. 56 Section 56. 101.027 (3) (a) 1. of the statutes is amended to read:

SB459-SSA1,18,5 101.027 (3) (a) 1. A revision of standard 90.1 - 1989 the International Energy Conservation Code is published.

SB459-SSA1, s. 57 Section 57. 101.027 (3) (a) 2. of the statutes is amended to read:

SB459-SSA1,18,9 101.027 (3) (a) 2. Five Three years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code.

SB459-SSA1, s. 58 Section 58. 101.027 (3) (b) 1. of the statutes is amended to read:

SB459-SSA1,18,17 101.027 (3) (b) 1. If the department begins a review under sub. (2) because a revision of standard 90.1 - 1989 the International Energy Conservation Code is published, the department shall complete its review of the energy conservation code, as defined in sub. (1), and submit to the legislature proposed rules changing the energy conservation code, as defined in sub. (1), no later than 18 months after the date on which the revision of standard 90.1 - 1989 the International Energy Conservation Code is published.

SB459-SSA1, s. 59 Section 59. 101.027 (3) (b) 2. of the statutes is amended to read:

SB459-SSA1,18,24 101.027 (3) (b) 2. If the department begins a review under sub. (2) because 5 3 years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code, the department shall complete its review of the energy conservation code and submit to the legislature proposed rules changing the energy conservation code no later than 9 months after the last day of the 5-year 3-year period.

SB459-SSA1, s. 60 Section 60. 196.025 (1) (title) of the statutes is created to read:

SB459-SSA1,19,1 196.025 (1) (title) State energy policy.

SB459-SSA1, s. 61 Section 61. 196.025 (1) of the statutes is renumbered 196.025 (1) (a) and amended to read:

SB459-SSA1,19,8 196.025 (1) (a) Consideration of energy priorities. To Except as provided in pars. (b) to (d), to the extent cost-effective, technically feasible and environmentally sound, the commission shall implement the priorities under s. 1.12 (4) in making all energy-related decisions and orders, including advance plan strategic energy assessment, rate setting and rule-making orders.

SB459-SSA1, s. 62 Section 62. 196.025 (1) (b) to (d) of the statutes are created to read:

SB459-SSA1,19,16 196.025 (1) (b) Energy conservation and efficiency. In a proceeding regarding a request by an investor-owned electric public utility or wholesale supplier, as defined in s. 16.957 (1) (w), under s. 196.49, 196.491 (3), or 196.80 for authority to acquire, construct, install, or operate any plant, equipment, property, or facility, the commission is not required to evaluate energy conservation and efficiency as an element of or alternative to the proposal if the commission has fulfilled all of its duties and responsibilities under s. 196.374 and one of the following applies:

SB459-SSA1,19,18 1. If the applicant is an investor-owned electric public utility, the applicant has satisfied the requirements of s. 196.374 for that year, as specified in s. 196.374 (8).

SB459-SSA1,19,21 2. If the applicant is a wholesale supplier, as defined in s. 16.957 (1) (w), the commission determines that the applicant's members are in the aggregate substantially in compliance with s. 196.374 (7).

SB459-SSA1,19,22 (c) Renewable resources. 1. In this paragraph:

SB459-SSA1,19,23 a. "Renewable resource" has the meaning given in s. 196.374 (1) (j).

SB459-SSA1,19,24 b. "Wholesale supplier" has the meaning given in s. 16.957 (1) (w).

SB459-SSA1,20,6 2. In a proceeding regarding a request by an investor-owned electric public utility or wholesale supplier under s. 196.49, 196.491 (3), or 196.80 for authority to acquire, construct, install, or operate any plant, equipment, property, or facility, the commission is not required to consider renewable resources as an element of or alternative to the proposal if the commission has fulfilled all of its duties and responsibilities under s. 196.378 and one of the following applies:

SB459-SSA1,20,8 a. If the applicant is an investor-owned electric public utility, the applicant is in compliance with the requirements of s. 196.378 (2) for that year.

SB459-SSA1,20,11 b. If the applicant is a wholesale supplier, the commission determines that the applicant's members are in the aggregate substantially in compliance with s. 196.378 (2).

SB459-SSA1,20,16 (d) Transmission facilities. In a proceeding regarding a request by a public utility under s. 196.49, 196.491 (3), or 196.80, to acquire, construct, install, or operate an electric transmission facility or associated equipment, the commission is not required to find that approval of the proposal would implement the policies under s. 1.12 (4).

SB459-SSA1, s. 63 Section 63. 196.025 (1m) (title) of the statutes is created to read:

SB459-SSA1,20,18 196.025 (1m) (title) Transmission corridors.

SB459-SSA1, s. 64 Section 64. 196.025 (2) (title) of the statutes is created to read:

SB459-SSA1,20,20 196.025 (2) (title) Environmental impacts.

SB459-SSA1, s. 65 Section 65. 196.025 (2m) (title) of the statutes is created to read:

SB459-SSA1,20,22 196.025 (2m) (title) Coordination with department of natural resources.

SB459-SSA1, s. 66 Section 66. 196.025 (3) (title) of the statutes is created to read:

SB459-SSA1,20,24 196.025 (3) (title) Reliability reports.

SB459-SSA1, s. 67 Section 67. 196.025 (4) (title) of the statutes is created to read:

SB459-SSA1,21,1 196.025 (4) (title) Small-scale generation incentives.

SB459-SSA1, s. 68 Section 68. 196.025 (5) (title) of the statutes is created to read:

SB459-SSA1,21,3 196.025 (5) (title) Market power study.

SB459-SSA1, s. 69 Section 69. 196.374 of the statutes is repealed and recreated to read:

SB459-SSA1,21,6 196.374 Energy efficiency and renewable resource programs. (1) Definitions. In this section:

SB459-SSA1,21,8 (a) "Agricultural producer" means a person engaged in an agricultural activity, as defined in s. 101.10 (1) (a).

SB459-SSA1,21,11 (b) "Commitment to community program" means an energy efficiency or load management program by or on behalf of a municipal utility or retail electric cooperative.

SB459-SSA1,21,14 (c) "Customer application of renewable resources" means the generation of energy from renewable resources that takes place on the premises of a customer of an energy utility or municipal utility or a member of a retail electric cooperative.

SB459-SSA1,21,18 (d) "Energy efficiency program" means a program for reducing the usage or increasing the efficiency of the usage of energy by a customer or member of an energy utility, municipal utility, or retail electric cooperative. "Energy efficiency program" does not include load management.

SB459-SSA1,21,20 (e) "Energy utility" means an investor-owned electric or natural gas public utility.

SB459-SSA1,21,25 (f) "Load management program" means a program to allow an energy utility, municipal utility, wholesale electric cooperative, as defined in s. 16.957 (1) (v), retail electric cooperative, or municipal electric company, as defined in s. 66.0825 (3) (d), to control or manage daily or seasonal customer demand associated with equipment or devices used by customers or members.

SB459-SSA1,22,1 (g) "Local unit of government" has the meaning given in s. 23.24 (4) (a) 1.

SB459-SSA1,22,2 (h) "Municipal utility" has the meaning given in s. 16.957 (1) (q).

SB459-SSA1,22,6 (i) "Ordered program" means an energy efficiency or renewable resource program that an energy utility commenced on or after January 1, 2001, under a commission order issued on or after January 1, 2001, and in effect before the effective date of this paragraph .... [revisor inserts date].

SB459-SSA1,22,10 (j) "Renewable resource" means a resource that derives energy from any source other than coal, petroleum products, nuclear power or, except as used in a fuel cell, natural gas. "Renewable resource" includes resources deriving energy from any of the following:

SB459-SSA1,22,11 1. Solar energy.

SB459-SSA1,22,12 2. Wind power.

SB459-SSA1,22,13 3. Water power.

SB459-SSA1,22,14 4. Biomass.

SB459-SSA1,22,15 5. Geothermal technology.

SB459-SSA1,22,16 6. Tidal or wave action.