Amendment ASA1-AB649

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:

AB649-ASA1,45,17 196.374 (1) (mu) "Utility-administered program" means a program under sub. (2) (b) 1.

AB649-ASA1, s. 93 Section 93. 196.374 (1) (o) of the statutes is repealed.

AB649-ASA1, s. 94 Section 94. 196.374 (2) (a) 1. of the statutes is amended to read:

AB649-ASA1,46,4 196.374 (2) (a) 1. The energy utilities in this state shall collectively establish and fund statewide energy efficiency and renewable resource programs. The energy utilities shall collectively contract, on the basis of competitive bids, with one or more persons to develop and administer the statewide energy efficiency and renewable resource programs. The utilities may not execute a A contract under this subdivision may not be executed unless the commission has approved the contract. The commission shall require each energy utility to spend the amount required under sub. (3) (b) 2. moneys received by a statewide programs contractor under sub. (3) (bw) 3., 3g., and 4. shall be used to fund the statewide energy efficiency and renewable resource programs.

AB649-ASA1, s. 95 Section 95. 196.374 (2) (a) 2. (intro.) of the statutes is amended to read:

AB649-ASA1,46,11 196.374 (2) (a) 2. (intro.) The purpose of the statewide programs under this paragraph shall be to help achieve environmentally sound and adequate energy target fuel supplies at reasonable cost, consistent with the commission's responsibilities under s. 196.025 (1) (ar) and the energy utilities' obligations under this chapter. The statewide programs shall include, at a minimum, all of the following:

AB649-ASA1, s. 96 Section 96. 196.374 (2) (a) 2. a. of the statutes is amended to read:

AB649-ASA1,46,15 196.374 (2) (a) 2. a. Components to address the energy target fuel needs of residential, commercial, agricultural, institutional, and industrial energy target fuel users and, local units of government , and tribal governments.

AB649-ASA1, s. 97 Section 97. 196.374 (2) (a) 2. b. of the statutes is amended to read:

AB649-ASA1,47,4 196.374 (2) (a) 2. b. Components to reduce the energy target fuel costs incurred by local units of government, tribal governments, and agricultural producers, by increasing the efficiency of energy target fuel use by local units of government, tribal governments, and agricultural producers. The commission shall ensure that not less than 10 percent of the moneys utilities are required to spend under subd. 1. or sub. (3) (b) 2. paid by energy utilities and prime suppliers under sub. (3) (bw) 3., 3g., and 4. is spent annually on programs under this subdivision subd. 2. b. except that, if the commission determines that the full amount cannot be spent on cost-effective programs for local units of government, tribal governments, and agricultural producers, the commission shall ensure that any surplus funds be spent on programs to serve commercial, institutional, and industrial customers target fuel users. A local unit of government that receives assistance under this subd. 2. b. shall apply all costs savings realized from the assistance to reducing the property tax levy.

AB649-ASA1, s. 98 Section 98. 196.374 (2) (a) 2. d. of the statutes is amended to read:

AB649-ASA1,47,7 196.374 (2) (a) 2. d. Initiatives for research and development regarding the environmental and economic impacts of energy target fuel use in this state.

AB649-ASA1, s. 99 Section 99. 196.374 (2) (a) 2. e. and f. of the statutes are created to read:

AB649-ASA1,47,23 196.374 (2) (a) 2. e. Grants and loans for distributed electric generating facilities that generate electricity from renewable resources and that are designed for nominal operation at a capacity of 10 megawatts or less, including agricultural waste digesters and wind power and solar energy facilities, with a preference for grants and loans for agricultural waste digesters. Grants and loans under this subd. 2. e. may not be made in a year to a customer or member of a municipal utility or retail electric cooperative, unless the municipal utility or retail electric cooperative has contributed 0.2 percent of its annual operating revenues for that year to a statewide programs contractor for grants and loans under this subd. 2. e. The commission shall ensure that the amount available for grants and loans under this subd. 2. e. for a year is at least equal to the sum of the amounts paid by energy utilities in that year under sub. (3) (bw) 3r. and the amount budgeted for similar grants and loans in 2009 under the statewide renewable resource programs under s. 196.374 (2) (a) 1., 2007 stats. This subd. 2. e. does not apply after the first day of the 48th month beginning after the effective date of this subd. 2. e. .... [LRB inserts date].

AB649-ASA1,48,3 f. Components for coordinating, to the extent practicable, with apprenticeship training programs to develop a highly skilled workforce for energy efficiency and renewable resource programs.

AB649-ASA1, s. 100 Section 100. 196.374 (2) (a) 3. of the statutes is amended to read:

AB649-ASA1,48,9 196.374 (2) (a) 3. The commission may not require an energy utility to administer or fund any energy efficiency or renewable resource program that is in addition to the statewide programs required under subd. 1. and any ordered program of the utility. This subdivision does not limit the authority of the commission to enforce an energy utility's obligations under s. 196.378.

AB649-ASA1, s. 101 Section 101. 196.374 (2) (b) (title) of the statutes is amended to read:

AB649-ASA1,48,11 196.374 (2) (b) (title) Utility-administered and supplemental utility programs.

AB649-ASA1, s. 102 Section 102. 196.374 (2) (b) 1. of the statutes is amended to read:

AB649-ASA1,48,20 196.374 (2) (b) 1. An energy utility may, with commission approval, administer or fund one or more energy efficiency programs for regulated fuels that is limited to, as determined by the commission, large commercial, industrial, institutional, or agricultural customers in its service territory. An energy utility shall pay for a program under this subdivision with by withholding a portion of the amount it is required to pay to a statewide programs contractor under sub. (3) (b) 2. (bw) 3. or 3g., as approved by the commission. The commission may not order an energy utility to administer or fund a program under this subdivision.

AB649-ASA1, s. 103 Section 103. 196.374 (2) (b) 2. of the statutes is amended to read:

AB649-ASA1,49,2 196.374 (2) (b) 2. An energy utility may, with commission approval, administer or fund an energy efficiency or renewable resource program for regulated fuels that is limited to customers in its service territory and that is in addition to the statewide programs required under par. (a) or utility-administered programs authorized under subd. 1. The commission may not order an energy utility to administer or fund a program under this subdivision.

AB649-ASA1, s. 104 Section 104. 196.374 (2) (b) 3. of the statutes is amended to read:

AB649-ASA1,49,11 196.374 (2) (b) 3. An energy utility that administers or funds a program under subd. 1. or 2. or an ordered program may request at any time to establish, modify, or discontinue a utility-administered or supplemental utility program, and the commission may approve, to modify, or discontinue, in whole or in part, the ordered program. An energy utility may request the establishment, modification, or discontinuation of a program under subd. 1. or 2. at any time and shall request the modification or discontinuation of an ordered program as part of a proceeding under sub. (3) (b) 1.

AB649-ASA1, s. 105 Section 105. 196.374 (2) (c) of the statutes is amended to read:

AB649-ASA1,49,24 196.374 (2) (c) Large energy customer programs. A customer of an energy utility may, with commission approval, administer and fund its own energy efficiency programs or renewable resource programs if the customer satisfies the definition of a large energy customer for any month in the 12 months preceding the date of the customer's request for approval. A customer may request commission approval at any time. A customer that funds a program under this paragraph may deduct the amount of the funding from the amount the energy utility may collect from the customer under sub. (5) (b). If the customer deducts the amount of the funding from the amount the energy utility may collect from the customer under sub. (5) (b), the energy utility shall credit the amount of the funding against the amount the energy utility is required to spend pay to a statewide programs contractor under sub. (3) (b) 2. (bw) 3. or 3g.

AB649-ASA1, s. 106 Section 106. 196.374 (3) (a) and (b) 1. of the statutes are consolidated, renumbered 196.374 (3) (a) and amended to read:

AB649-ASA1,50,22 196.374 (3) (a) In general. The commission shall have oversight of statewide, utility-administered, supplemental utility, and large energy customer programs under sub. (2). The commission shall maximize coordination of program delivery, including coordination between such programs under subs. (2) (a) 1., (b) 1. and 2., and (c) and (7), ordered programs, low-income weatherization programs under s. ss. 16.26, 16.27, and 16.957, renewable resource programs under s. 196.378, and other energy efficiency or renewable resource programs. The commission shall cooperate with the department of natural resources to ensure coordination of energy efficiency and renewable resource programs with air quality programs and to maximize and document the air quality improvement benefits that can be realized from energy efficiency and renewable resource programs. (b) 1. At least every 4 years, after notice and opportunity to be heard, the commission shall, by order, evaluate the energy efficiency and renewable resource programs under sub. (2) (a) 1., (b) 1. and 2., and (c) and ordered programs and set or revise goals, priorities, and measurable targets for the programs. The In carrying out its duties under this paragraph, the commission shall give priority to cost-effective programs that moderate the growth in electric and natural gas target fuel demand and usage, facilitate markets and assist market providers to achieve higher levels of energy efficiency, promote energy reliability and adequacy, avoid adverse environmental impacts from the use of energy, and promote rural economic development.