Amendment ASA1-AB649

AB649-ASA1, s. 53 Section 53. 101.027 (4) of the statutes is created to read:

AB649-ASA1,35,13 101.027 (4) The department shall promulgate rules that set voluntary design standards for the purpose of reducing the environmental impact of constructing, maintaining, and using public buildings and places of employment. The department shall base the design standards on standards jointly established by the American National Standards Institute, the American Society of Heating, Refrigerating and Air Conditioning Engineers, the U.S. Green Building Council, and the Illuminating Engineering Society of North America or on similar standards that are generally accepted and used by architects, engineers, and the construction industry in the construction of public buildings and places of employment if the similar standards provide benefits in reducing the environmental impact of constructing, maintaining, and using public buildings and places of employment that are at least as great as the benefits provided in the jointly established standards. The department shall promulgate rules under this subsection that set design standards that provide significantly greater energy conservation benefits than those provided by the design standards contained in the energy conservation code under sub. (1m). Notwithstanding s. 101.02 (7) (a), no county, city, village, or town may enact any ordinance or adopt any regulation that requires compliance with the voluntary design standards set by the department under rules promulgated under this subsection.

AB649-ASA1, s. 54 Section 54. 101.028 of the statutes is created to read:

AB649-ASA1,35,20 101.028 Agricultural building code. The department shall, by rule, promulgate an energy conservation code that sets minimum design standards for agricultural facilities. The department shall define, for purposes of that code, "agricultural facility," which shall include a barn and a milking parlor. The department shall consult with the department of agriculture, trade and consumer protection before promulgating rules under this section.

AB649-ASA1, s. 55 Section 55. 101.62 of the statutes is amended to read:

AB649-ASA1,36,11 101.62 Dwelling code council; power. The dwelling code council shall review the standards and rules for one- and 2-family dwelling construction and recommend a uniform dwelling code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings, consistent with the requirements of s. 101.63 (1m), and for costs of specific code provisions to home buyers to be related to the benefits derived from such provisions. The council shall study the need for and availability of one-family and 2-family dwellings that are accessible to persons with disabilities, as defined in s. 106.50 (1m) (g), and shall make recommendations to the department for any changes to the uniform dwelling code that may be needed to ensure an adequate supply of one-family and 2-family dwellings. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall recommend variances for different climate and soil conditions throughout the state.

AB649-ASA1, s. 56 Section 56. 101.63 (1) (intro.) of the statutes is amended to read:

AB649-ASA1,36,22 101.63 (1) (intro.) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 254.61 (1), except that the rules apply to all of the following:

AB649-ASA1, s. 57 Section 57. 101.63 (1m) of the statutes is created to read:

AB649-ASA1,37,4 101.63 (1m) (a) In this subsection, "generally accepted code" means the International Energy Conservation Code or an energy efficiency code that provides at least as great an energy conservation benefit as the energy design standards contained in the International Energy Conservation Code and that is generally accepted and used by architects, engineers, and the construction industry in the construction of one- and 2-family dwellings.

AB649-ASA1,37,11 (b) The department shall, by rule, promulgate an energy conservation code that sets minimum design standards for construction and equipment for the purpose of energy conservation in one- and 2-family dwellings. In promulgating the rules the department shall ensure that the minimum design standards are appropriate to specific conditions existing in this state and shall consider incorporating into the rules, subject to the requirements under pars. (c) and (d), the energy design standards contained in a generally accepted code.

AB649-ASA1,37,14 (c) Before the department may set particular design standards that are less strict than those contained in a generally accepted code, it shall consider all of the following:

AB649-ASA1,37,16 1. Whether application of a generally accepted code is unreasonably burdensome because of specific conditions existing in this state.

AB649-ASA1,37,18 2. Whether the less strict standards provide the greatest energy conservation benefits that are consistent with the specific conditions.

AB649-ASA1,37,24 (d) The department may set particular design standards that are stricter than those contained in a generally accepted code if the department takes into account the cost of complying with the stricter standards in relationship to the benefits derived from complying with the stricter standards, including the reasonably foreseeable economic and environmental benefits to this state from any reduction in the use of fossil fuel and in emissions of greenhouse gasses.

AB649-ASA1,38,4 (e) The department shall review the energy conservation code promulgated under par. (b), and shall, subject to the requirements of pars. (c) and (d), promulgate rules that change the requirements of the energy conservation code to improve energy conservation.

AB649-ASA1,38,6 (f) The department shall begin a review under par. (e) whenever one of the following occurs:

AB649-ASA1,38,8 1. A revision of the generally accepted code used by the department to promulgate the energy conservation code under par. (b) is published.

AB649-ASA1,38,10 2. Three years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code.

AB649-ASA1,38,11 (g) The department shall complete a review under par. (e) as follows:

AB649-ASA1,38,17 1. If the department begins a review under par. (e) because a revision of the generally accepted code used by the department to promulgate the energy conservation code under par. (b) is published, 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 18 months after the date on which the revision of the generally accepted code is published.

AB649-ASA1,38,23 2. If the department begins a review under par. (e) because 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 3-year period.

AB649-ASA1, s. 58 Section 58. 101.80 (1j) of the statutes is amended to read:

AB649-ASA1,39,3 101.80 (1j) "Electricity provider" means a public utility, an electric cooperative, or a wholesale merchant plant operator, or, beginning on the date specified in the notice published under s. 196.493 (3) (b), a nonutility nuclear power plant operator.

AB649-ASA1, s. 59 Section 59. 101.80 (2m) of the statutes is created to read:

AB649-ASA1,39,7 101.80 (2m) "Nonutility nuclear power plant operator" means the operator of a nonutility nuclear power plant, as defined in s. 196.491 (1) (i). This subsection takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 60 Section 60. 196.025 (1) (ag) 1. of the statutes is renumbered 196.025 (1) (ag) 1r.

AB649-ASA1, s. 61 Section 61. 196.025 (1) (ag) 1g. of the statutes is created to read:

AB649-ASA1,39,12 196.025 (1) (ag) 1g. "Municipal utility" has the meaning given in s. 16.957 (1) (q).

AB649-ASA1, s. 62 Section 62. 196.025 (1) (b) 1. of the statutes is renumbered 196.025 (1) (b) 1. (intro.) and amended to read:

AB649-ASA1,39,19 196.025 (1) (b) 1. (intro.) In a proceeding in which an investor-owned electric public utility is a party, the commission shall not order or otherwise impose energy conservation or efficiency requirements on the investor-owned electric public utility if the commission has fulfilled all of its duties under s. 196.374 and the investor-owned any of the following is satisfied:

AB649-ASA1,39,21 a. The electric public utility has satisfied the requirements of s. 196.374 for the year prior to commencement of the proceeding, as specified in s. 196.374 (8) (d).

AB649-ASA1, s. 63 Section 63. 196.025 (1) (b) 1. b. of the statutes is created to read:

AB649-ASA1,40,3 196.025 (1) (b) 1. b. If the electric public utility is a municipal utility, the commission determines under s. 196.374 (8) that the electric public utility has, on average over the 4 years preceding the commencement of the proceeding, met, in the aggregate, the goals established under s. 196.374 (3) (bn) 1. f. for the electric public utility or the commission determines that the electric public utility has made a good faith effort to meet the goals during such 4-year period.

AB649-ASA1, s. 64 Section 64. 196.025 (1) (b) 2. of the statutes is amended to read:

AB649-ASA1,40,19 196.025 (1) (b) 2. In a proceeding in which a wholesale supplier that has accepted an assignment from a municipal utility or retail electric cooperative under s. 196.374 (7) (bg) is a party, the commission shall not order or otherwise impose energy conservation or efficiency requirements on the wholesale supplier or any municipal utility or retail electric cooperative that made the assignment if the commission has fulfilled all of its duties under s. 196.374 and the wholesale supplier's members are in the aggregate substantially in compliance with s. 196.374 (7) commission determines under s. 196.374 (8) that the wholesale supplier or all municipal utilities or retail electric cooperatives from which the wholesale supplier has accepted assignment have, on average over the 4 years preceding the commencement of the proceeding, met, in the aggregate, the goals established under s. 196.374 (3) (bn) 1. f. for the municipal utilities or retail electric cooperatives or the commission determines that the wholesale supplier, municipal utilities, or retail electric cooperatives have made a good faith effort to meet the goals during such 4-year period.

AB649-ASA1, s. 65 Section 65. 196.025 (1) (c) 1. of the statutes is amended to read:

AB649-ASA1,41,3 196.025 (1) (c) 1. In a proceeding in which an investor-owned electric public utility is a party, the commission shall not order or otherwise impose any renewable resource requirements on the investor-owned electric public utility if the commission has fulfilled all of its duties under s. 196.378 and the commission has informed the utility under s. 196.378 (2) (c) 2. that, with respect to the most recent report submitted under s. 196.378 (2) (c) 1., the utility is in compliance with the requirements of s. 196.378 (2) (a) 2. This subdivision does not limit the authority of the commission to enforce a public utility's obligations under s. 196.374.

AB649-ASA1, s. 66 Section 66. 196.025 (1) (c) 2. of the statutes is amended to read:

AB649-ASA1,41,9 196.025 (1) (c) 2. In a proceeding in which a wholesale supplier is a party, the commission shall not order or otherwise impose any renewable resource requirements on the wholesale supplier if the commission has fulfilled all of its duties under s. 196.378 and the wholesale supplier's members or customers are in the aggregate substantially in compliance with s. 196.378 (2).

AB649-ASA1, s. 67 Section 67. 196.025 (1) (c) 3. of the statutes is created to read:

AB649-ASA1,41,14 196.025 (1) (c) 3. The commission shall give priority in the scheduling of its business to the consideration of applications for a certificate of authority under s. 196.49, or a certificate of public convenience and necessity under s. 196.491 (3), for a proposed renewable facility, as defined in s. 196.378 (1r) (g).

AB649-ASA1, s. 68 Section 68. 196.025 (2m) (c) of the statutes is amended to read:

AB649-ASA1,42,2 196.025 (2m) (c) Paragraph (b) does not waive any duty of the commission or the department to comply with s. 1.11 or to take any other action required by law regarding a project, except that, in the consideration of alternative locations, sites, or routes for a project, the commission and the department are required to consider only the location, site, or route for the project identified in an application for a certificate under s. 196.49 and no more than one alternative location, site, or route; and, for a project identified in an application for a certificate under s. 196.491 (3), other than an application for a renewable facility, as defined in s. 196.378 (1r) (g), the commission and the department are required to consider only the location, site, or route for the project identified in the application and one alternative location, site, or route.

AB649-ASA1, s. 69 Section 69. 196.025 (7) of the statutes is created to read:

AB649-ASA1,42,7 196.025 (7) Energy conservation assessment. No later than July 1, 2013, and at least every 4 years thereafter, the commission shall prepare and provide to the department of natural resources an assessment of progress toward meeting the statewide energy conservation goals in s. 299.03 (3m).

AB649-ASA1, s. 70 Section 70. 196.25 (1) of the statutes is renumbered 196.25 (1r).

AB649-ASA1, s. 71 Section 71. 196.25 (1g) of the statutes is created to read:

AB649-ASA1,42,13 196.25 (1g) In this section, "public utility" includes the owner or operator of a nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 72 Section 72. 196.374 (1) (am) of the statutes is created to read:

AB649-ASA1,42,18 196.374 (1) (am) "Biomass" means plant material, including wood, or residue; biological waste; biogas; or landfill gases. "Biomass" does not include garbage, as defined in s. 289.01 (9), or nonbiological industrial, nonbiological commercial, or nonbiological household waste.

AB649-ASA1, s. 73 Section 73. 196.374 (1) (b) of the statutes is amended to read:

AB649-ASA1,42,25 196.374 (1) (b) "Commitment to community program" means an energy efficiency or load management program by or on behalf for regulated fuel usage in the service territory of a municipal utility or retail electric cooperative or a renewable resource program involving customer applications of renewable resources that take place at the premises of the customers or members of a municipal utility or retail electric cooperative.

AB649-ASA1, s. 74 Section 74. 196.374 (1) (c) of the statutes is amended to read:

AB649-ASA1,43,5 196.374 (1) (c) "Customer application of renewable resources" means the generation of energy from renewable resources that takes place on the premises of a customer or member of an energy utility or, municipal utility, or a member of a retail electric cooperative.

AB649-ASA1, s. 75 Section 75. 196.374 (1) (d) of the statutes is amended to read:

AB649-ASA1,43,10 196.374 (1) (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 a target fuel. "Energy efficiency program" does not include load management.

AB649-ASA1, s. 76 Section 76. 196.374 (1) (dm) of the statutes is created to read:

AB649-ASA1,43,13 196.374 (1) (dm) "Energy provider" means an energy utility, municipal utility, or retail electric cooperative.

AB649-ASA1, s. 77 Section 77. 196.374 (1) (er) of the statutes is created to read:

AB649-ASA1,43,16 196.374 (1) (er) "Large energy customer program" means a program under sub. (2) (c).

AB649-ASA1, s. 78 Section 78. 196.374 (1) (f) of the statutes is amended to read:

AB649-ASA1,43,23 196.374 (1) (f) "Load management program" means a program to allow an energy utility, municipal utility, provider or 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), supplier to control or manage daily or seasonal customer demand associated with equipment or devices used by customers or members.

AB649-ASA1, s. 79 Section 79. 196.374 (1) (hm) of the statutes is created to read:

AB649-ASA1,44,2 196.374 (1) (hm) "Natural gas" does not include natural gas that is used to generate electricity.

AB649-ASA1, s. 80 Section 80. 196.374 (1) (i) of the statutes is repealed.

AB649-ASA1, s. 81 Section 81. 196.374 (1) (ig) of the statutes is created to read:

AB649-ASA1,44,7 196.374 (1) (ig) "Prime supplier" means a person that imports an unregulated fuel into this state for sale to a wholesale or retail distributor, or to an end user, for use in this state.

AB649-ASA1, s. 82 Section 82. 196.374 (1) (ir) of the statutes is created to read:

AB649-ASA1,44,9 196.374 (1) (ir) "Regulated fuel" means electricity or natural gas.

AB649-ASA1, s. 83 Section 83. 196.374 (1) (j) (intro.) of the statutes is amended to read:

AB649-ASA1,44,15 196.374 (1) (j) (intro.) "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, or nonbiological industrial, nonbiological commercial, or nonbiological household waste. "Renewable resource" includes resources deriving energy from any of the following:

AB649-ASA1, s. 84 Section 84. 196.374 (1) (j) 8. of the statutes is created to read:

AB649-ASA1,44,17 196.374 (1) (j) 8. Any other resource designated by the commission by rule.

AB649-ASA1, s. 85 Section 85. 196.374 (1) (L) of the statutes is amended to read:

AB649-ASA1,44,22 196.374 (1) (L) "Retail electric cooperative" has the meaning given in s. 16.957 (1) (t) means a cooperative association that is organized under ch. 185 for the purpose of providing electricity at retail to its members only and that owns or operates a retail electric distribution system.

AB649-ASA1, s. 86 Section 86. 196.374 (1) (mb) of the statutes is created to read:

AB649-ASA1,44,25 196.374 (1) (mb) "Statewide programs" means the statewide energy efficiency and renewable resource programs established under sub. (2) (a) 1.

AB649-ASA1, s. 87 Section 87. 196.374 (1) (me) of the statutes is created to read:

AB649-ASA1,45,3 196.374 (1) (me) "Statewide programs contractor" means a person with whom energy utilities contract under sub. (2) (a) 1. to administer the statewide programs.

AB649-ASA1, s. 88 Section 88. 196.374 (1) (mh) of the statutes is created to read:

AB649-ASA1,45,6 196.374 (1) (mh) "Supplemental utility program" means a program under sub. (2) (b) 2.

AB649-ASA1, s. 89 Section 89. 196.374 (1) (mL) of the statutes is created to read:

AB649-ASA1,45,8 196.374 (1) (mL) "Target fuel" means a regulated or unregulated fuel.

AB649-ASA1, s. 90 Section 90. 196.374 (1) (mo) of the statutes is created to read:

AB649-ASA1,45,11 196.374 (1) (mo) "Total sales" means, with respect to a target fuel, the total amount of the target fuel sold at retail in this state as measured in energy units.

AB649-ASA1, s. 91 Section 91. 196.374 (1) (mr) of the statutes is created to read:

AB649-ASA1,45,14 196.374 (1) (mr) "Unregulated fuel" means liquified petroleum gas or heating oil.

AB649-ASA1, s. 92 Section 92. 196.374 (1) (mu) of the statutes is created to read: