LRBs0511/2
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2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE BILL 459
February 16, 2006 - Offered by Committee on Energy, Utilities and Information
Technology
.
SB459-SSA1,2,17 1An Act to repeal 16.957 (1) (d), (e) and (h), 16.957 (1) (r), 16.957 (2) (b), 16.957
2(2) (c) 2m., 2n. and 4., 16.957 (2) (d) 2., 16.957 (2) (d) 4. c., 16.957 (3) (b) and (c),
316.957 (4) (c) 2., 16.957 (5) (c) and (d), 16.957 (5) (e) 2., 101.027 (1) (b), 196.378
4(1) (bm), 196.378 (1) (e), 196.378 (1) (f), 196.378 (1) (n) and 196.378 (2) (b) 3.; to
5renumber
16.957 (3) (a); to renumber and amend 196.025 (1), 196.378 (1) (a)
6and 196.378 (3) (a); to consolidate, renumber and amend 16.957 (5) (e)
7(intro.) and 1. and 101.027 (1) (intro.) and (a); to amend 16.957 (1) (c), 16.957
8(1) (o) 1m., 16.957 (1) (o) 2., 16.957 (1) (o) 3., 16.957 (2) (a) 2., 16.957 (2) (a) 4.,
916.957 (2) (c) 1., 16.957 (2) (c) 2., 16.957 (2) (d) 1., 16.957 (2) (d) 3., 16.957 (2) (d)
104. a., 16.957 (4) (a), 16.957 (4) (am), 16.957 (4) (b) (intro.), 16.957 (4) (c) (title),
1116.957 (4) (c) 1. (intro.), 16.957 (4) (c) 1. a., 16.957 (4) (c) 1. c., 16.957 (4) (c) 3.,
1216.957 (5) (a), 16.957 (5) (am), 16.957 (5) (f), 16.957 (5) (g) 1. (intro.), 16.957 (5)
13(g) 1. a., 16.957 (5) (g) 1. b., 16.957 (5) (g) 2., 20.505 (3) (s), 25.96, 76.28 (1) (d),

176.48 (1g) (d), 77.54 (44), 79.005 (4) (d), 101.027 (2), 101.027 (3) (a) 1., 101.027
2(3) (a) 2., 101.027 (3) (b) 1., 101.027 (3) (b) 2., 196.378 (1) (g), 196.378 (1) (i),
3196.378 (2) (b) 1., 196.378 (2) (b) 4., 196.378 (2) (c), 196.378 (3) (b), 196.378 (5)
4(intro.), 285.48 (4) (a) and 285.48 (4) (b); to repeal and recreate 16.957 (title),
516.957 (1) (x), 16.957 (5) (b), 196.374, 196.378 (1) (o), 196.378 (2) (a) and 196.378
6(2) (e); and to create 16.75 (12), 16.855 (10s), 16.897, 16.953, 20.924 (1) (j),
7196.025 (1) (title), 196.025 (1) (b) to (d), 196.025 (1m) (title), 196.025 (2) (title),
8196.025 (2m) (title), 196.025 (3) (title), 196.025 (4) (title), 196.025 (5) (title),
9196.378 (1) (ag), 196.378 (1) (fg), 196.378 (1) (fm), 196.378 (1) (fr), 196.378 (1)
10(p), 196.378 (2) (b) 1m., 196.378 (2) (b) 5., 196.378 (2) (f), 196.378 (2) (g), 196.378
11(3) (a) 2., 196.378 (3) (c), 196.378 (4m) and 196.378 (4r) of the statutes; relating
12to:
administration and funding of programs for utility public benefits;
13renewable energy requirements for utilities and retail electric cooperatives;
14energy efficiency requirements for state construction; revising and reviewing
15the state energy conservation code; state use of renewable energy resources;
16anaerobic digestor research; corn-burning furnace pilot program; granting
17rule-making authority; and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB459-SSA1, s. 1 18Section 1. 16.75 (12) of the statutes is created to read:
SB459-SSA1,2,1919 16.75 (12) (a) In this subsection:
SB459-SSA1,2,2320 1. "Agency" means the department of administration, the department of
21corrections, the department of health and family services, the department of public
22instruction, the department of veterans affairs, and the Board of Regents of the
23University of Wisconsin System.
SB459-SSA1,3,2
12. "Agency facility" means any state-owned or leased facility that is occupied,
2operated, or used by an agency.
SB459-SSA1,3,43 3. "Renewable percentage" means the percentage of total annual electric
4energy that is derived from renewable resources.
SB459-SSA1,3,75 4. "Renewable resource" has the meaning given in s. 196.378 (1) (h) 1. or 2. and
6includes a resource, as defined in s. 196.378 (1) (j), that derives electricity from
7hydroelectric power.
SB459-SSA1,3,108 5. "Total annual electric energy" means the total annual amount of electric
9energy generated or purchased by the state for power, heating, or cooling purposes
10for all agency facilities.
SB459-SSA1,3,1211 (b) The department shall establish goals for each agency that are designed to
12accomplish the following goals:
SB459-SSA1,3,1413 1. That the renewable percentage for total annual electric energy by December
1431, 2007, is at least 10 percent.
SB459-SSA1,3,1615 2. That the renewable percentage for total annual electric energy by December
1631, 2011, is at least 20 percent.
SB459-SSA1,3,1817 (c) In determining whether the goals under par. (b) are accomplished, the
18department shall do all the following:
SB459-SSA1,3,2019 1. Calculate total annual electric energy on the basis of an average of the total
20annual electric energy during the 3 years prior to the specified dates.
SB459-SSA1,3,2421 2. For any individual agency facility, consider only electric energy that is
22purchased from the electric provider that serves the agency facility under an
23arrangement with a term of 10 years or more and electric energy derived from
24renewable resources owned by the state and produced for use in the agency facility.
SB459-SSA1,4,3
1(d) Notwithstanding par. (b), an agency is not required to generate or purchase
2electric energy derived from renewable resources if the generation or purchase is not
3technically feasible or cost-effective.
SB459-SSA1,4,84 (e) No later than March 1 of each year, the department shall submit a report
5to the governor and chief clerk of each house of the legislature, for distribution to the
6legislature under s. 13.172 (2), concerning the degree of attainment and, if
7applicable, reasons for nonattainment by the state during the preceding year in
8meeting the goals established by the department under par. (b).
SB459-SSA1, s. 2 9Section 2. 16.855 (10s) of the statutes is created to read:
SB459-SSA1,4,1910 16.855 (10s) (a) The department shall, by rule, prescribe and annually review
11and revise as necessary energy efficiency standards for equipment that is installed
12as a component of a construction project and that relates to heating, ventilation, air
13conditioning, water heating or cooling, lighting, refrigeration, or any other function
14that consumes energy. The standards shall meet or exceed current applicable
15guidelines of the federal environmental protection agency relating to energy
16efficiency of the functions specified in this paragraph, guidelines that apply to the
17federal energy management program under 42 USC 8251 et seq., and standards
18established by the American society of heating, refrigerating and air-conditioning
19engineers.
SB459-SSA1,5,1120 (b) The department shall ensure that the specifications for any equipment that
21is designed for heating, ventilation, air conditioning, water heating or cooling,
22lighting, refrigeration, or any other function that consumes energy under any
23construction project contract administered by the department meet applicable
24standards established under par. (a). If there is no standard under par. (a) applicable
25to the type of equipment being purchased or if the equipment meeting that standard

1is not reasonably available, the department shall ensure that energy consumption
2within a building, structure, or facility and all equipment that is purchased under
3each contract administered by the department maximizes energy efficiency to the
4extent technically and economically feasible. The department shall not determine
5that equipment that meets the applicable standard under par. (a) either is not
6reasonably available on the basis of cost alone or is not cost-effective unless the
7difference in the cost of the purchase and installation of the equipment that meets
8the standard and the equipment that would otherwise be installed is greater than
9the difference in the cost of operating the equipment that meets the standard and the
10equipment that would otherwise be installed over the anticipated life of the
11equipment.
SB459-SSA1, s. 3 12Section 3. 16.897 of the statutes is created to read:
SB459-SSA1,5,16 1316.897 Space and water heating systems. In planning and designing space
14or water heating systems for new or existing state facilities, the department shall
15ensure that geothermal technologies are utilized to the greatest extent that is
16cost-effective and technically feasible.
SB459-SSA1, s. 4 17Section 4. 16.953 of the statutes is created to read:
SB459-SSA1,6,2 1816.953 Energy cost reduction plans. No later than July 1 of each
19even-numbered year, each agency, as defined in s. 16.75 (12) (a) 1., shall submit a
20plan to the department, the joint committee on finance, and the standing committee
21of each house of the legislature having jurisdiction over energy, for reduction of the
22cost of energy used by the agency. The plan shall include all system and equipment
23upgrades or installations that are estimated to result in energy cost savings equal
24to the cost of the upgrade or installation over the anticipated life of the system or

1equipment. The plan shall also identify potential means of financing the upgrades
2and installations other than reliance on appropriations of general purpose revenues.
SB459-SSA1, s. 5 3Section 5. 16.957 (title) of the statutes is repealed and recreated to read:
SB459-SSA1,6,4 416.957 (title) Low-income assistance.
SB459-SSA1, s. 6 5Section 6. 16.957 (1) (c) of the statutes is amended to read:
SB459-SSA1,6,96 16.957 (1) (c) "Commitment to community program" means a program by or on
7behalf of
a municipal utility or retail electric cooperative for low-income assistance
8or an energy conservation program by a municipal utility or retail electric
9cooperative
.
SB459-SSA1, s. 7 10Section 7. 16.957 (1) (d), (e) and (h) of the statutes are repealed.
SB459-SSA1, s. 8 11Section 8. 16.957 (1) (o) 1m. of the statutes is amended to read:
SB459-SSA1,6,1512 16.957 (1) (o) 1m. The amount of the portion of the public benefits fee for fiscal
13year 1999-2000 that is specified in sub. s. 16.957 (4) (c) 1. The amount specified in
14this subdivision shall not be subject to the reduction under 1999 Wisconsin Act 9,
15section 9101 (1zr) (a)
, 1999 stats.
SB459-SSA1, s. 9 16Section 9. 16.957 (1) (o) 2. of the statutes is amended to read:
SB459-SSA1,6,1817 16.957 (1) (o) 2. The total amount expended by utilities under s. 196.374, 2003
18stats.,
related to low-income assistance.
SB459-SSA1, s. 10 19Section 10. 16.957 (1) (o) 3. of the statutes is amended to read:
SB459-SSA1,6,2420 16.957 (1) (o) 3. Fifty percent of the amount of public benefits fees that
21municipal utilities and retail electric cooperatives are were required to charge under
22sub. s. 16.957 (5) (a), 1999 stats., in fiscal year 1999-2000. The amount specified in
23this subdivision shall not be subject to the reduction under 1999 Wisconsin Act 9,
24section 9101 (1zv) (c).
SB459-SSA1, s. 11 25Section 11. 16.957 (1) (r) of the statutes is repealed.
SB459-SSA1, s. 12
1Section 12. 16.957 (1) (x) of the statutes is repealed and recreated to read:
SB459-SSA1,7,42 16.957 (1) (x) "Wholesale supply percentage" means the percentage of the
3electricity sold by a wholesale supplier that is purchased by a municipal utility or
4retail electric cooperative.
SB459-SSA1, s. 13 5Section 13. 16.957 (2) (a) 2. of the statutes is amended to read:
SB459-SSA1,7,76 16.957 (2) (a) 2. All moneys spent in a fiscal year for low-income programs
7established under s. 196.374, 2003 stats.
SB459-SSA1, s. 14 8Section 14. 16.957 (2) (a) 4. of the statutes is amended to read:
SB459-SSA1,7,109 16.957 (2) (a) 4. Fifty percent of the The moneys collected in public benefits
10low-income assistance fees under sub. (5) (a).
SB459-SSA1, s. 15 11Section 15. 16.957 (2) (b) of the statutes is repealed.
SB459-SSA1, s. 16 12Section 16. 16.957 (2) (c) 1. of the statutes is amended to read:
SB459-SSA1,7,1713 16.957 (2) (c) 1. Eligibility requirements for low-income assistance under
14programs established under par. (a). The rules shall prohibit a person who receives
15low-income assistance from a municipal utility or retail electric cooperative under
16a program specified in sub. (5) (d) 2. b. or 3. a. (b) 1. from receiving low-income
17assistance under programs established under par. (a).
SB459-SSA1, s. 17 18Section 17. 16.957 (2) (c) 2. of the statutes is amended to read:
SB459-SSA1,7,2019 16.957 (2) (c) 2. Requirements and procedures for applications for grants
20awarded under programs established under par. (a) or (b) 1.
SB459-SSA1, s. 18 21Section 18. 16.957 (2) (c) 2m., 2n. and 4. of the statutes are repealed.
SB459-SSA1, s. 19 22Section 19. 16.957 (2) (d) 1. of the statutes is amended to read:
SB459-SSA1,7,2423 16.957 (2) (d) 1. For each fiscal year after fiscal year 1998-99, determine the
24low-income need target for that fiscal year.
SB459-SSA1, s. 20 25Section 20. 16.957 (2) (d) 2. of the statutes is repealed.
SB459-SSA1, s. 21
1Section 21. 16.957 (2) (d) 3. of the statutes is amended to read:
SB459-SSA1,8,32 16.957 (2) (d) 3. Deposit all moneys received under sub. (4) (a) or (5) (c) or (d)
3(b) 2. in the utility public benefits fund.
SB459-SSA1, s. 22 4Section 22. 16.957 (2) (d) 4. a. of the statutes is amended to read:
SB459-SSA1,8,75 16.957 (2) (d) 4. a. The expenses of the department, other state agencies, and
6grant recipients in administering or participating in the programs under pars. par.
7(a) and (b).
SB459-SSA1, s. 23 8Section 23. 16.957 (2) (d) 4. c. of the statutes is repealed.
SB459-SSA1, s. 24 9Section 24. 16.957 (3) (a) of the statutes is renumbered 16.957 (3).
SB459-SSA1, s. 25 10Section 25. 16.957 (3) (b) and (c) of the statutes are repealed.
SB459-SSA1, s. 26 11Section 26. 16.957 (4) (a) of the statutes is amended to read:
SB459-SSA1,8,1912 16.957 (4) (a) Requirement to charge public benefits low-income assistance fees.
13Each electric utility, except for a municipal utility, shall charge each customer a
14public benefits low-income assistance fee in an amount established in rules
15promulgated by the department under par. (b). An electric utility, except for a
16municipal utility, shall collect and pay the fees to the department in accordance with
17the rules promulgated under par. (b). The public benefits low-income assistance fees
18collected by an electric utility shall be considered trust funds of the department and
19not income of the electric utility.
SB459-SSA1, s. 27 20Section 27. 16.957 (4) (am) of the statutes is amended to read:
SB459-SSA1,9,221 16.957 (4) (am) Electric bills. An electric utility shall include a public benefits
22show the low-income assistance fee in the fixed charges for electricity as a separate
23line
in a customer's bill, identified as the "state low-income assistance fee," and shall
24provide the customer with an annual statement that identifies the annual charges

1for public benefits low-income assistance fees and describes the programs for which
2fees are used.
SB459-SSA1, s. 28 3Section 28. 16.957 (4) (b) (intro.) of the statutes is amended to read:
SB459-SSA1,9,84 16.957 (4) (b) Rules. (intro.) In consultation with the council, the department
5shall promulgate rules that establish the amount of a public benefits low-income
6assistance
fee under par. (a). Fees established in rules under this paragraph may
7vary by class of customer, but shall be uniform within each class, and shall satisfy
8each of the following:
SB459-SSA1, s. 29 9Section 29. 16.957 (4) (c) (title) of the statutes is amended to read:
SB459-SSA1,9,1010 16.957 (4) (c) (title) Amount of public benefits low-income assistance fees.
SB459-SSA1, s. 30 11Section 30. 16.957 (4) (c) 1. (intro.) of the statutes is amended to read:
SB459-SSA1,9,1912 16.957 (4) (c) 1. `Low-income funding from fee.' (intro.) In fiscal year
131999-2000, a portion of the public benefits fee shall be an amount that, when added
14to 50% of the estimated public benefits fees charged by municipal utilities and retail
15electric cooperatives under sub. (5) (a) for that fiscal year, shall equal $24,000,000.

16In each fiscal year after fiscal year 1999-2000, a portion of the public benefits, the
17low-income assistance
fee shall be an amount that, when added to the sum of the
18following shall equal the low-income need target for that fiscal year determined by
19the department under sub. (2) (d) 1.:
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