AB649-ASA1,37,115 (b) The department shall, by rule, promulgate an energy conservation code that
6sets minimum design standards for construction and equipment for the purpose of
7energy conservation in one- and 2-family dwellings. In promulgating the rules the
8department shall ensure that the minimum design standards are appropriate to
9specific conditions existing in this state and shall consider incorporating into the
10rules, subject to the requirements under pars. (c) and (d), the energy design
11standards contained in a generally accepted code.
AB649-ASA1,37,1412 (c) Before the department may set particular design standards that are less
13strict than those contained in a generally accepted code, it shall consider all of the
14following:
AB649-ASA1,37,1615 1. Whether application of a generally accepted code is unreasonably
16burdensome because of specific conditions existing in this state.
AB649-ASA1,37,1817 2. Whether the less strict standards provide the greatest energy conservation
18benefits that are consistent with the specific conditions.
AB649-ASA1,37,2419 (d) The department may set particular design standards that are stricter than
20those contained in a generally accepted code if the department takes into account the
21cost of complying with the stricter standards in relationship to the benefits derived
22from complying with the stricter standards, including the reasonably foreseeable
23economic and environmental benefits to this state from any reduction in the use of
24fossil fuel and in emissions of greenhouse gasses.
AB649-ASA1,38,4
1(e) The department shall review the energy conservation code promulgated
2under par. (b), and shall, subject to the requirements of pars. (c) and (d), promulgate
3rules that change the requirements of the energy conservation code to improve
4energy conservation.
AB649-ASA1,38,65 (f) The department shall begin a review under par. (e) whenever one of the
6following occurs:
AB649-ASA1,38,87 1. A revision of the generally accepted code used by the department to
8promulgate the energy conservation code under par. (b) is published.
AB649-ASA1,38,109 2. Three years have passed from the date on which the department last
10submitted to the legislature proposed rules changing the energy conservation code.
AB649-ASA1,38,1111 (g) The department shall complete a review under par. (e) as follows:
AB649-ASA1,38,1712 1. If the department begins a review under par. (e) because a revision of the
13generally accepted code used by the department to promulgate the energy
14conservation code under par. (b) is published, the department shall complete its
15review of the energy conservation code and submit to the legislature proposed rules
16changing the energy conservation code no later than 18 months after the date on
17which the revision of the generally accepted code is published.
AB649-ASA1,38,2318 2. If the department begins a review under par. (e) because 3 years have passed
19from the date on which the department last submitted to the legislature proposed
20rules changing the energy conservation code, the department shall complete its
21review of the energy conservation code and submit to the legislature proposed rules
22changing the energy conservation code no later than 9 months after the last day of
23the 3-year period.
AB649-ASA1, s. 58 24Section 58. 101.80 (1j) of the statutes is amended to read:
AB649-ASA1,39,3
1101.80 (1j) "Electricity provider" means a public utility, an electric cooperative,
2or a wholesale merchant plant operator, or, beginning on the date specified in the
3notice published under s. 196.493 (3) (b), a nonutility nuclear power plant operator
.
AB649-ASA1, s. 59 4Section 59. 101.80 (2m) of the statutes is created to read:
AB649-ASA1,39,75 101.80 (2m) "Nonutility nuclear power plant operator" means the operator of
6a nonutility nuclear power plant, as defined in s. 196.491 (1) (i). This subsection
7takes effect on the date specified in the notice published under s. 196.493 (3) (b).
AB649-ASA1, s. 60 8Section 60. 196.025 (1) (ag) 1. of the statutes is renumbered 196.025 (1) (ag)
91r.
AB649-ASA1, s. 61 10Section 61. 196.025 (1) (ag) 1g. of the statutes is created to read:
AB649-ASA1,39,1211 196.025 (1) (ag) 1g. "Municipal utility" has the meaning given in s. 16.957 (1)
12(q).
AB649-ASA1, s. 62 13Section 62. 196.025 (1) (b) 1. of the statutes is renumbered 196.025 (1) (b) 1.
14(intro.) and amended to read:
AB649-ASA1,39,1915 196.025 (1) (b) 1. (intro.) In a proceeding in which an investor-owned electric
16public utility is a party, the commission shall not order or otherwise impose energy
17conservation or efficiency requirements on the investor-owned electric public utility
18if the commission has fulfilled all of its duties under s. 196.374 and the
19investor-owned
any of the following is satisfied:
AB649-ASA1,39,21 20a. The electric public utility has satisfied the requirements of s. 196.374 for the
21year prior to commencement of the proceeding, as specified in s. 196.374 (8) (d).
AB649-ASA1, s. 63 22Section 63. 196.025 (1) (b) 1. b. of the statutes is created to read:
AB649-ASA1,40,323 196.025 (1) (b) 1. b. If the electric public utility is a municipal utility, the
24commission determines under s. 196.374 (8) that the electric public utility has, on
25average over the 4 years preceding the commencement of the proceeding, met, in the

1aggregate, the goals established under s. 196.374 (3) (bn) 1. f. for the electric public
2utility or the commission determines that the electric public utility has made a good
3faith effort to meet the goals during such 4-year period.
AB649-ASA1, s. 64 4Section 64. 196.025 (1) (b) 2. of the statutes is amended to read:
AB649-ASA1,40,195 196.025 (1) (b) 2. In a proceeding in which a wholesale supplier that has
6accepted an assignment from a municipal utility or retail electric cooperative under
7s. 196.374 (7) (bg)
is a party, the commission shall not order or otherwise impose
8energy conservation or efficiency requirements on the wholesale supplier or any
9municipal utility or retail electric cooperative that made the assignment
if the
10commission has fulfilled all of its duties under s. 196.374 and the wholesale
11supplier's members are in the aggregate substantially in compliance with s. 196.374
12(7)
commission determines under s. 196.374 (8) that the wholesale supplier or all
13municipal utilities or retail electric cooperatives from which the wholesale supplier
14has accepted assignment have, on average over the 4 years preceding the
15commencement of the proceeding, met, in the aggregate, the goals established under
16s. 196.374 (3) (bn) 1. f. for the municipal utilities or retail electric cooperatives or the
17commission determines that the wholesale supplier, municipal utilities, or retail
18electric cooperatives have made a good faith effort to meet the goals during such
194-year period
.
AB649-ASA1, s. 65 20Section 65. 196.025 (1) (c) 1. of the statutes is amended to read:
AB649-ASA1,41,321 196.025 (1) (c) 1. In a proceeding in which an investor-owned electric public
22utility is a party, the commission shall not order or otherwise impose any renewable
23resource requirements on the investor-owned electric public utility if the
24commission has fulfilled all of its duties under s. 196.378 and the commission has
25informed the utility under s. 196.378 (2) (c) 2. that, with respect to the most recent

1report submitted under s. 196.378 (2) (c) 1., the utility is in compliance with the
2requirements of s. 196.378 (2) (a) 2. This subdivision does not limit the authority of
3the commission to enforce a public utility's obligations under s. 196.374.
AB649-ASA1, s. 66 4Section 66. 196.025 (1) (c) 2. of the statutes is amended to read:
AB649-ASA1,41,95 196.025 (1) (c) 2. In a proceeding in which a wholesale supplier is a party, the
6commission shall not order or otherwise impose any renewable resource
7requirements on the wholesale supplier if the commission has fulfilled all of its
8duties under s. 196.378 and the wholesale supplier's members or customers are in
9the aggregate substantially in compliance with s. 196.378 (2).
AB649-ASA1, s. 67 10Section 67. 196.025 (1) (c) 3. of the statutes is created to read:
AB649-ASA1,41,1411 196.025 (1) (c) 3. The commission shall give priority in the scheduling of its
12business to the consideration of applications for a certificate of authority under s.
13196.49, or a certificate of public convenience and necessity under s. 196.491 (3), for
14a proposed renewable facility, as defined in s. 196.378 (1r) (g).
AB649-ASA1, s. 68 15Section 68. 196.025 (2m) (c) of the statutes is amended to read:
AB649-ASA1,42,216 196.025 (2m) (c) Paragraph (b) does not waive any duty of the commission or
17the department to comply with s. 1.11 or to take any other action required by law
18regarding a project, except that, in the consideration of alternative locations, sites,
19or routes for a project, the commission and the department are required to consider
20only the location, site, or route for the project identified in an application for a
21certificate under s. 196.49 and no more than one alternative location, site, or route;
22and, for a project identified in an application for a certificate under s. 196.491 (3),
23other than an application for a renewable facility, as defined in s. 196.378 (1r) (g), the
24commission and the department are required to consider only the location, site, or

1route for the project identified in the application and one alternative location, site,
2or route.
AB649-ASA1, s. 69 3Section 69. 196.025 (7) of the statutes is created to read:
AB649-ASA1,42,74 196.025 (7) Energy conservation assessment. No later than July 1, 2013, and
5at least every 4 years thereafter, the commission shall prepare and provide to the
6department of natural resources an assessment of progress toward meeting the
7statewide energy conservation goals in s. 299.03 (3m).
AB649-ASA1, s. 70 8Section 70. 196.25 (1) of the statutes is renumbered 196.25 (1r).
AB649-ASA1, s. 71 9Section 71. 196.25 (1g) of the statutes is created to read:
AB649-ASA1,42,1310 196.25 (1g) In this section, "public utility" includes the owner or operator of a
11nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has
12issued a certificate of public convenience and necessity under s. 196.491 (3) on or
13after the date specified in the notice published under s. 196.493 (3) (b).
AB649-ASA1, s. 72 14Section 72. 196.374 (1) (am) of the statutes is created to read:
AB649-ASA1,42,1815 196.374 (1) (am) "Biomass" means plant material, including wood, or residue;
16biological waste; biogas; or landfill gases. "Biomass" does not include garbage, as
17defined in s. 289.01 (9), or nonbiological industrial, nonbiological commercial, or
18nonbiological household waste.
AB649-ASA1, s. 73 19Section 73. 196.374 (1) (b) of the statutes is amended to read:
AB649-ASA1,42,2520 196.374 (1) (b) "Commitment to community program" means an energy
21efficiency or load management program by or on behalf for regulated fuel usage in
22the service territory
of a municipal utility or retail electric cooperative or a renewable
23resource program involving customer applications of renewable resources that take
24place at the premises of the customers or members of a municipal utility or retail
25electric cooperative
.
AB649-ASA1, s. 74
1Section 74. 196.374 (1) (c) of the statutes is amended to read:
AB649-ASA1,43,52 196.374 (1) (c) "Customer application of renewable resources" means the
3generation of energy from renewable resources that takes place on the premises of
4a customer or member of an energy utility or, municipal utility, or a member of a retail
5electric cooperative.
AB649-ASA1, s. 75 6Section 75. 196.374 (1) (d) of the statutes is amended to read:
AB649-ASA1,43,107 196.374 (1) (d) "Energy efficiency program" means a program for reducing the
8usage or increasing the efficiency of the usage of energy by a customer or member of
9an energy utility, municipal utility, or retail electric cooperative
a target fuel.
10"Energy efficiency program" does not include load management.
AB649-ASA1, s. 76 11Section 76. 196.374 (1) (dm) of the statutes is created to read:
AB649-ASA1,43,1312 196.374 (1) (dm) "Energy provider" means an energy utility, municipal utility,
13or retail electric cooperative.
AB649-ASA1, s. 77 14Section 77. 196.374 (1) (er) of the statutes is created to read:
AB649-ASA1,43,1615 196.374 (1) (er) "Large energy customer program" means a program under sub.
16(2) (c).
AB649-ASA1, s. 78 17Section 78. 196.374 (1) (f) of the statutes is amended to read:
AB649-ASA1,43,2318 196.374 (1) (f) "Load management program" means a program to allow an
19energy utility, municipal utility, provider or wholesale electric cooperative, as
20defined in s. 16.957 (1) (v), retail electric cooperative, or municipal electric company,
21as defined in s. 66.0825 (3) (d),
supplier to control or manage daily or seasonal
22customer demand associated with equipment or devices used by customers or
23members.
AB649-ASA1, s. 79 24Section 79. 196.374 (1) (hm) of the statutes is created to read:
AB649-ASA1,44,2
1196.374 (1) (hm) "Natural gas" does not include natural gas that is used to
2generate electricity.
AB649-ASA1, s. 80 3Section 80. 196.374 (1) (i) of the statutes is repealed.
AB649-ASA1, s. 81 4Section 81. 196.374 (1) (ig) of the statutes is created to read:
AB649-ASA1,44,75 196.374 (1) (ig) "Prime supplier" means a person that imports an unregulated
6fuel into this state for sale to a wholesale or retail distributor, or to an end user, for
7use in this state.
AB649-ASA1, s. 82 8Section 82. 196.374 (1) (ir) of the statutes is created to read:
AB649-ASA1,44,99 196.374 (1) (ir) "Regulated fuel" means electricity or natural gas.
AB649-ASA1, s. 83 10Section 83. 196.374 (1) (j) (intro.) of the statutes is amended to read:
AB649-ASA1,44,1511 196.374 (1) (j) (intro.) "Renewable resource" means a resource that derives
12energy from any source other than coal, petroleum products, nuclear power or, except
13as used in a fuel cell
, natural gas, or nonbiological industrial, nonbiological
14commercial, or nonbiological household waste
. "Renewable resource" includes
15resources deriving energy from any of the following:
AB649-ASA1, s. 84 16Section 84. 196.374 (1) (j) 8. of the statutes is created to read:
AB649-ASA1,44,1717 196.374 (1) (j) 8. Any other resource designated by the commission by rule.
AB649-ASA1, s. 85 18Section 85. 196.374 (1) (L) of the statutes is amended to read:
AB649-ASA1,44,2219 196.374 (1) (L) "Retail electric cooperative" has the meaning given in s. 16.957
20(1) (t)
means a cooperative association that is organized under ch. 185 for the purpose
21of providing electricity at retail to its members only and that owns or operates a retail
22electric distribution system
.
AB649-ASA1, s. 86 23Section 86. 196.374 (1) (mb) of the statutes is created to read:
AB649-ASA1,44,2524 196.374 (1) (mb) "Statewide programs" means the statewide energy efficiency
25and renewable resource programs established under sub. (2) (a) 1.
AB649-ASA1, s. 87
1Section 87. 196.374 (1) (me) of the statutes is created to read:
AB649-ASA1,45,32 196.374 (1) (me) "Statewide programs contractor" means a person with whom
3energy utilities contract under sub. (2) (a) 1. to administer the statewide programs.
AB649-ASA1, s. 88 4Section 88. 196.374 (1) (mh) of the statutes is created to read:
AB649-ASA1,45,65 196.374 (1) (mh) "Supplemental utility program" means a program under sub.
6(2) (b) 2.
AB649-ASA1, s. 89 7Section 89. 196.374 (1) (mL) of the statutes is created to read:
AB649-ASA1,45,88 196.374 (1) (mL) "Target fuel" means a regulated or unregulated fuel.
AB649-ASA1, s. 90 9Section 90. 196.374 (1) (mo) of the statutes is created to read:
AB649-ASA1,45,1110 196.374 (1) (mo) "Total sales" means, with respect to a target fuel, the total
11amount of the target fuel sold at retail in this state as measured in energy units.
AB649-ASA1, s. 91 12Section 91. 196.374 (1) (mr) of the statutes is created to read:
AB649-ASA1,45,1413 196.374 (1) (mr) "Unregulated fuel" means liquified petroleum gas or heating
14oil.
AB649-ASA1, s. 92 15Section 92. 196.374 (1) (mu) of the statutes is created to read:
AB649-ASA1,45,1716 196.374 (1) (mu) "Utility-administered program" means a program under sub.
17(2) (b) 1.
AB649-ASA1, s. 93 18Section 93. 196.374 (1) (o) of the statutes is repealed.
AB649-ASA1, s. 94 19Section 94. 196.374 (2) (a) 1. of the statutes is amended to read:
AB649-ASA1,46,420 196.374 (2) (a) 1. The energy utilities in this state shall collectively establish
21and fund statewide energy efficiency and renewable resource programs. The energy
22utilities
shall collectively contract, on the basis of competitive bids, with one or more
23persons to develop and administer the statewide energy efficiency and renewable
24resource
programs. The utilities may not execute a A contract under this subdivision
25may not be executed unless the commission has approved the contract. The

1commission shall require each energy utility to spend the amount required under
2sub. (3) (b) 2.
moneys received by a statewide programs contractor under sub. (3) (bw)
33., 3g., and 4. shall be used
to fund the statewide energy efficiency and renewable
4resource programs.
AB649-ASA1, s. 95 5Section 95. 196.374 (2) (a) 2. (intro.) of the statutes is amended to read:
AB649-ASA1,46,116 196.374 (2) (a) 2. (intro.) The purpose of the statewide programs under this
7paragraph
shall be to help achieve environmentally sound and adequate energy
8target fuel supplies at reasonable cost, consistent with the commission's
9responsibilities under s. 196.025 (1) (ar) and the energy utilities' obligations under
10this chapter. The statewide programs shall include, at a minimum, all of the
11following:
AB649-ASA1, s. 96 12Section 96. 196.374 (2) (a) 2. a. of the statutes is amended to read:
AB649-ASA1,46,1513 196.374 (2) (a) 2. a. Components to address the energy target fuel needs of
14residential, commercial, agricultural, institutional, and industrial energy target fuel
15users and, local units of government , and tribal governments.
AB649-ASA1, s. 97 16Section 97. 196.374 (2) (a) 2. b. of the statutes is amended to read:
AB649-ASA1,47,417 196.374 (2) (a) 2. b. Components to reduce the energy target fuel costs incurred
18by local units of government, tribal governments, and agricultural producers, by
19increasing the efficiency of energy target fuel use by local units of government, tribal
20governments,
and agricultural producers. The commission shall ensure that not less
21than 10 percent of the moneys utilities are required to spend under subd. 1. or sub.
22(3) (b) 2.
paid by energy utilities and prime suppliers under sub. (3) (bw) 3., 3g., and
234.
is spent annually on programs under this subdivision subd. 2. b. except that, if the
24commission determines that the full amount cannot be spent on cost-effective
25programs for local units of government, tribal governments, and agricultural

1producers, the commission shall ensure that any surplus funds be spent on programs
2to serve commercial, institutional, and industrial customers target fuel users. A local
3unit of government that receives assistance under this subd. 2. b. shall apply all costs
4savings realized from the assistance to reducing the property tax levy.
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