SB459-SSA1,42,126 196.378 (3) (a) 2. The commission shall promulgate rules for calculating the
7amount of a renewable resource credit that is created from a renewable facility
8placed into service before January 1, 2004. The rules shall provide that the amount
9of a renewable resource credit created on or after January 1, 2004, from such a
10renewable facility, except a renewable facility owned by a retail customer of an
11electric provider, is limited to the incremental increase in output from the renewable
12facility that is due to capacity improvements made on or after January 1, 2004.
SB459-SSA1, s. 95 13Section 95. 196.378 (3) (b) of the statutes is amended to read:
SB459-SSA1,42,1514 196.378 (3) (b) The commission may promulgate rules that establish
15requirements and procedures for a sale under par. (a) 1.
SB459-SSA1, s. 96 16Section 96. 196.378 (3) (c) of the statutes is created to read:
SB459-SSA1,42,2317 196.378 (3) (c) A renewable resource credit created under s. 196.378 (3) (a),
182003 stats., may not be used after December 31, 2011. A renewable resource credit
19created under par. (a) 1. or 2., as affected by 2005 Wisconsin Act .... (this act), may
20not be used after the 4th year after the year in which the credit is created, except the
21commission may promulgate rules specifying a different period of time if the
22commission determines that such period is necessary for consistency with any
23regional renewable resource credit trading program that applies in this state.
SB459-SSA1, s. 97 24Section 97. 196.378 (4m) of the statutes is created to read:
SB459-SSA1,43,8
1196.378 (4m) Additional renewable resources requirements. The
2commission may not impose on an electric provider any requirement that increases
3the electric provider's renewable energy percentage beyond that required under sub.
4(2) (a) 2. If an electric provider is in compliance with the requirements of sub. (2) (a)
52., the commission may not require the electric provider to undertake, administer,
6or fund any other renewable energy program. This subsection does not limit the
7authority of the commission to enforce an electric provider's obligations under s.
8196.374.
SB459-SSA1, s. 98 9Section 98. 196.378 (4r) of the statutes is created to read:
SB459-SSA1,43,1610 196.378 (4r) Reports. No later than July 1 of each even-numbered year, the
11commission shall submit a report to the governor and chief clerk of each house of the
12legislature for distribution to the legislature under s. 13.172 (2) that evaluates the
13impact of the requirements of this section on the rates and revenue requirements of
14electric providers and compares that impact with the impact that would have
15occurred if renewable energy practices of electric providers were subject to market
16forces in the absence of the requirements of this section.
SB459-SSA1, s. 99 17Section 99. 196.378 (5) (intro.) of the statutes is amended to read:
SB459-SSA1,43,2518 196.378 (5) Penalty. (intro.) Any person who violates sub. (2) or any wholesale
19renewable energy supplier who provides an electric provider with a false or
20misleading certification regarding the sources or amounts of renewable energy
21supplied at wholesale to the electric provider shall forfeit not less than $5,000 nor
22more than $500,000. Forfeitures under this subsection shall be enforced by action
23on behalf of the state by the attorney general. A court imposing a forfeiture under
24this subsection shall consider all of the following in determining the amount of the
25forfeiture:
SB459-SSA1, s. 100
1Section 100. 285.48 (4) (a) of the statutes is amended to read:
SB459-SSA1,44,52 285.48 (4) (a) The use of renewable energy, including renewable energy that
3is provided by electric providers for the purpose of complying with the requirements
4of s. 196.378 (2) (a) 2., or renewable energy that is used under programs specified in
5s. 196.374 (2) (d) that are funded by expenditures
under s. 196.374 (3).
SB459-SSA1, s. 101 6Section 101. 285.48 (4) (b) of the statutes is amended to read:
SB459-SSA1,44,107 285.48 (4) (b) The implementation of low-income weatherization and energy
8conservation measures, including programs established under s. 16.957 (2) (a) or (b)
9or programs specified in s. 196.374 (2) (a) or (b) that are funded by expenditures
10under s. 196.374 (3).
SB459-SSA1, s. 102 11Section 102 . Nonstatutory provisions.
SB459-SSA1,44,1812 (1) Initial contracts. To promote administrative efficiency and build on
13existing, successful programs, the public service commission shall direct energy
14utilities, as defined in section 196.374 (1) (e) of the statutes, as affected by this act,
15to negotiate initial contracts under section 196.374 (2) (a) 1. of the statutes, as
16affected by this act, with the holders of current contracts under section 16.957 (3) (b),
172003 stats., to the extent that the programs administered by those contract holders
18are functioning effectively and accomplishing most or all of the goals set for them.
SB459-SSA1,45,219 (2) Corn-burning furnace pilot program. The department of administration
20shall conduct a pilot program under section 16.957 (2) (b) 1. b. of the statutes during
21the winter heating season between November 1, 2006, and March 1, 2007, to
22determine the feasibility and cost-effectiveness of the use of residential space
23heating equipment in this state that is fueled by biomass, as defined in section
24196.378 (1) (a) of the statutes, from corn plants. The department of administration

1shall report to the legislature the results of the pilot program in the report required
2under section 16.957 (2) (d) 4. of the statutes.
SB459-SSA1,45,153 (3) Review of Energy Conservation Code. Notwithstanding section 101.027
4(3) (a) and (b) of the statutes, the department of commerce shall begin a review of the
5energy conservation code, as defined in section 101.027 (1) (a) of the statutes, on the
6effective date of this subsection and shall complete that review and submit proposed
7rules changing the energy conservation code as provided in section 101.027 (2) of the
8statutes to the legislative council staff under section 227.15 (1) of the statutes by no
9later than the first day of the 18th month beginning after the effective date of this
10subsection. Notwithstanding section 101.027 (2) of the statutes, in conducting the
11review under this subsection, the department of commerce, to the extent practicable,
12shall consider incorporating into the energy conservation code design requirements
13from the most current national energy efficiency design standards for new buildings,
14except low-rise residential buildings, published by the American society of heating,
15refrigerating, and air-conditioning engineers.
SB459-SSA1,45,2116 (4) Anaerobic digestor research. The department of agriculture, trade and
17consumer protection shall include, as part of its 2007-09 biennial budget request
18that it submits to the department of administration under section 16.42 of the
19statutes, a proposal to provide additional funding for the research and development
20of anaerobic digestors at farms participating in the discovery farms program under
21the Wisconsin agricultural stewardship initiative.
SB459-SSA1,45,2222 (5) Public service commission prohibitions.
SB459-SSA1,45,2323 (a) In this subsection:
SB459-SSA1,45,24 241. "Commission" means the public service commission.
SB459-SSA1,46,2
12. "Energy efficiency program" has the meaning given in section 196.374 (1) (d),
2as affected by this act.
SB459-SSA1,46,3 33. "Public utility" has the meaning given in section 196.01 (5) of the statutes.
SB459-SSA1,46,5 44. "Renewable resource program" has the meaning given in section 196.374 (1)
5(k), as affected by this act.
SB459-SSA1,46,7 65. "Total renewable energy" has the meaning given in section 196.378 (1) (o) of
7the statutes.
SB459-SSA1,46,118 (b) Beginning on the effective date of this paragraph and ending on June 30,
92007, the commission may not order an investor-owned natural gas or electric public
10utility to administer or fund any energy efficiency or renewable resource program
11that is in addition to the requirements of section 196.374 of the statutes.
SB459-SSA1,46,1312 (c) Paragraph (b ) does not affect the authority of the commission to enforce the
13requirements of section 16.957 or 196.374 of the statutes.
SB459-SSA1,46,2114 (6) Cost recovery from certain ratepayers. Notwithstanding section 196.374
15(3), 2003 stats., during the period beginning on the effective date of this subsection
16and ending on July 1, 2007, if a ratepayer of a utility, as defined in section 196.374
17(1) (c), 2003 stats., was required to pay more than $750 for the utility's recovery of
18amounts under section 196.374 (3), 2003 stats., in any month during 2005, the
19ratepayer shall pay the utility, for the recovery of amounts under section 196.374 (3),
202003 stats., a monthly amount equal to the monthly average that the ratepayer paid
21the utility in 2005 for recovery under s. 196.374 (3), stats.
SB459-SSA1,46,2222 (7) Report.
SB459-SSA1,46,2423 (a) In this subsection, "energy utility" has the meaning given in section 196.374
24(1) (e) of the statutes, as created by this act.
SB459-SSA1,47,4
1(b) No later than July 1, 2008, the public service commission shall submit a
2report to the governor and chief clerk of each house of the legislature for distribution
3to the legislature under section 13.172 (2) of the statutes that consists of the
4following:
SB459-SSA1,47,7 51. The commission's recommendations for allocating among different classes
6of ratepayers the amounts that energy utilities recover from ratepayers under
7section 196.374 (5) (a) of the statutes, as created by this act.
SB459-SSA1,47,9 82. The commission's recommendations on whether any component of an energy
9utility's revenue requirements should be itemized on ratepayer bills.
SB459-SSA1, s. 103 10Section 103. Initial applicability.
SB459-SSA1,47,1311 (1) Energy efficiency standards. The treatment of sections 16.855 (10s) and
1220.924 (1) (j) of the statutes first applies with respect to projects for which design
13work begins on the effective date of this subsection.
SB459-SSA1, s. 104 14Section 104. Effective dates. This act takes effect on July 1, 2007, except
15as follows:
SB459-SSA1,47,2216 (1) The treatment of sections 16.75 (12), 16.897, 16.953, 79.005 (4) (d), 101.027
17(1) (intro.), (a), and (b), (2), and (3) (a) 1. and 2. and (b) 1. and 2., 196.378 (1) (a), (ag),
18(bm), (e), (f), (fg), (fm), (fr), (g), (i), (n), (o), and (p), (2) (a), (b) 1., 1m., 3., 4., and 5., (c),
19(e), (f), and (g), (3) (b), and (c), (4m), (4r), and (5) (intro.) of the statutes, the creation
20of section 196.378 (3) (a) 2. of the statutes, and the renumbering and amendment of
21section 196.378 (3) (a) of the statutes and Section 102 (2 ), (4), (5), (6 ), and (7) of this
22act take effect on the day after publication.
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