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AB649-ASA1, s. 93 18Section 93. 196.374 (1) (o) of the statutes is repealed.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.
AB649-ASA1, s. 98 5Section 98. 196.374 (2) (a) 2. d. of the statutes is amended to read:
AB649-ASA1,47,76 196.374 (2) (a) 2. d. Initiatives for research and development regarding the
7environmental and economic impacts of energy target fuel use in this state.
AB649-ASA1, s. 99 8Section 99. 196.374 (2) (a) 2. e. and f. of the statutes are created to read:
AB649-ASA1,47,239 196.374 (2) (a) 2. e. Grants and loans for distributed electric generating
10facilities that generate electricity from renewable resources and that are designed
11for nominal operation at a capacity of 10 megawatts or less, including agricultural
12waste digesters and wind power and solar energy facilities, with a preference for
13grants and loans for agricultural waste digesters. Grants and loans under this subd.
142. e. may not be made in a year to a customer or member of a municipal utility or retail
15electric cooperative, unless the municipal utility or retail electric cooperative has
16contributed 0.2 percent of its annual operating revenues for that year to a statewide
17programs contractor for grants and loans under this subd. 2. e. The commission shall
18ensure that the amount available for grants and loans under this subd. 2. e. for a year
19is at least equal to the sum of the amounts paid by energy utilities in that year under
20sub. (3) (bw) 3r. and the amount budgeted for similar grants and loans in 2009 under
21the statewide renewable resource programs under s. 196.374 (2) (a) 1., 2007 stats.
22This subd. 2. e. does not apply after the first day of the 48th month beginning after
23the effective date of this subd. 2. e. .... [LRB inserts date].
AB649-ASA1,48,3
1f. Components for coordinating, to the extent practicable, with apprenticeship
2training programs to develop a highly skilled workforce for energy efficiency and
3renewable resource programs.
AB649-ASA1, s. 100 4Section 100. 196.374 (2) (a) 3. of the statutes is amended to read:
AB649-ASA1,48,95 196.374 (2) (a) 3. The commission may not require an energy utility to
6administer or fund any energy efficiency or renewable resource program that is in
7addition to the statewide programs required under subd. 1. and any ordered program
8of the utility
. This subdivision does not limit the authority of the commission to
9enforce an energy utility's obligations under s. 196.378.
AB649-ASA1, s. 101 10Section 101. 196.374 (2) (b) (title) of the statutes is amended to read:
AB649-ASA1,48,1111 196.374 (2) (b) (title) Utility-administered and supplemental utility programs.
AB649-ASA1, s. 102 12Section 102. 196.374 (2) (b) 1. of the statutes is amended to read:
AB649-ASA1,48,2013 196.374 (2) (b) 1. An energy utility may, with commission approval, administer
14or fund one or more energy efficiency programs for regulated fuels that is limited to,
15as determined by the commission, large commercial, industrial, institutional, or
16agricultural customers in its service territory. An energy utility shall pay for a
17program under this subdivision with by withholding a portion of the amount it is
18required to pay to a statewide programs contractor under sub. (3) (b) 2. (bw) 3. or 3g.,
19as approved by the commission. The commission may not order an energy utility to
20administer or fund a program under this subdivision.
AB649-ASA1, s. 103 21Section 103. 196.374 (2) (b) 2. of the statutes is amended to read:
AB649-ASA1,49,222 196.374 (2) (b) 2. An energy utility may, with commission approval, administer
23or fund an energy efficiency or renewable resource program for regulated fuels that
24is limited to customers in its service territory and
that is in addition to the statewide
25programs required under par. (a) or utility-administered programs authorized

1under subd. 1
. The commission may not order an energy utility to administer or fund
2a program under this subdivision.
AB649-ASA1, s. 104 3Section 104. 196.374 (2) (b) 3. of the statutes is amended to read:
AB649-ASA1,49,114 196.374 (2) (b) 3. An energy utility that administers or funds a program under
5subd. 1. or 2. or an ordered program
may request at any time to establish, modify, or
6discontinue a utility-administered or supplemental utility program
, and the
7commission may approve, to modify, or discontinue, in whole or in part, the ordered
8program. An energy utility may request the establishment, modification, or
9discontinuation of a program under subd. 1. or 2. at any time and shall request the
10modification or discontinuation of an ordered program as part of a proceeding under
11sub. (3) (b) 1.
AB649-ASA1, s. 105 12Section 105. 196.374 (2) (c) of the statutes is amended to read:
AB649-ASA1,49,2413 196.374 (2) (c) Large energy customer programs. A customer of an energy
14utility may, with commission approval, administer and fund its own energy efficiency
15programs or renewable resource programs if the customer satisfies the definition of
16a large energy customer for any month in the 12 months preceding the date of the
17customer's request for approval. A customer may request commission approval at
18any time. A customer that funds a program under this paragraph may deduct the
19amount of the funding from the amount the energy utility may collect from the
20customer under sub. (5) (b). If the customer deducts the amount of the funding from
21the amount the energy utility may collect from the customer under sub. (5) (b), the
22energy utility shall credit the amount of the funding against the amount the energy
23utility is required to spend pay to a statewide programs contractor under sub. (3) (b)
242.
(bw) 3. or 3g.
AB649-ASA1, s. 106
1Section 106. 196.374 (3) (a) and (b) 1. of the statutes are consolidated,
2renumbered 196.374 (3) (a) and amended to read:
AB649-ASA1,50,223 196.374 (3) (a) In general. The commission shall have oversight of statewide,
4utility-administered, supplemental utility, and large energy customer
programs
5under sub. (2). The commission shall maximize coordination of program delivery,
6including coordination between such programs under subs. (2) (a) 1., (b) 1. and 2., and
7(c) and (7), ordered programs
, low-income weatherization programs under s. ss.
816.26, 16.27, and
16.957, renewable resource programs under s. 196.378, and other
9energy efficiency or renewable resource programs. The commission shall cooperate
10with the department of natural resources to ensure coordination of energy efficiency
11and renewable resource programs with air quality programs and to maximize and
12document the air quality improvement benefits that can be realized from energy
13efficiency and renewable resource programs. (b) 1. At least every 4 years, after notice
14and opportunity to be heard, the commission shall, by order, evaluate the energy
15efficiency and renewable resource programs under sub. (2) (a) 1., (b) 1. and 2., and
16(c) and ordered programs and set or revise goals, priorities, and measurable targets
17for the programs. The
In carrying out its duties under this paragraph, the
18commission shall give priority to cost-effective programs that moderate the growth
19in electric and natural gas target fuel demand and usage, facilitate markets and
20assist market providers to achieve higher levels of energy efficiency, promote energy
21reliability and adequacy, avoid adverse environmental impacts from the use of
22energy, and promote rural economic development.
AB649-ASA1, s. 107 23Section 107. 196.374 (3) (b) (title), 2. (intro.) and a. and 4. of the statutes are
24repealed.
AB649-ASA1, s. 108
1Section 108. 196.374 (3) (b) 2. b. of the statutes is renumbered 196.374 (3) (bg)
21m. a. and amended to read:
AB649-ASA1,51,53 196.374 (3) (bg) 1m. a. The potential short-term and long-term impacts on
4electric and natural gas rates and on costs of unregulated fuels and alternative
5means to mitigate such impacts.
AB649-ASA1, s. 109 6Section 109. 196.374 (3) (b) 2. c., d., e., f., g. and h. of the statutes are
7renumbered 196.374 (3) (bg) 1m. b., c., d., e., f. and g.
AB649-ASA1, s. 110 8Section 110. 196.374 (3) (b) 3. of the statutes is renumbered 196.374 (3) (bw)
93g. and amended to read:
AB649-ASA1,52,310 196.374 (3) (bw) 3g. The commission shall submit to the joint committee on
11finance any proposal to require each an energy utility to spend a larger collect from
12its customers and pay to a statewide programs contractor in a year under subd. 3.
13a
percentage of its annual operating revenues than the percentage specified in subd.
142. (intro.) to fund the programs specified in subd. 2. (intro.)
that is greater than 1.2
15percent
. If the cochairpersons of the committee do not notify the commission within
1610 working days after the commission submits such a proposal that the committee
17has scheduled a meeting to review the proposal, the commission may require each
18the energy utility to spend the percentage specified in comply with the proposal. If,
19within 10 working days after the commission submits a proposal, the cochairpersons
20of the committee notify the commission that the committee has scheduled a meeting
21to review the proposal, but, within 90 days of providing the notice, the committee
22does not object to the proposal, the commission may require each the energy utility
23to spend the percentage specified in comply with the proposal. If, within 90 days
24after providing the notice, the committee objects to the proposal, the commission may
25not require each the energy utility to spend the percentage specified in the proposal

1collect from its customers and pay to a statewide programs contractor 1.2 percent of
2its annual operating revenues. The commission may submit a proposal, or submit
3revisions to a proposal that the commission has previously submitted, at any time
.
AB649-ASA1, s. 111 4Section 111. 196.374 (3) (bc), (bg) (title), 1., 1m. (intro) and 2., (bn), (br) and
5(bw) (title), 1., 2., 3., 3r. and 4. of the statutes are created to read:
AB649-ASA1,52,146 196.374 (3) (bc) Quadrennial proceedings; generally. Every 4 years the
7commission shall, after notice and opportunity to be heard, conduct a proceeding for
8making assessments under par. (bg) and shall hold contested case hearings for
9establishing goals under par. (bn), establishing funding requirements under par.
10(br), and allocating the funding requirements under par. (bw). The commission shall
11carry out its duties under this paragraph in a manner that implements state policy
12under s. 1.12 (4), establishes all achievable and cost-effective energy savings, and
13is designed to enable the state to meet or exceed the goals specified in s. 299.03 (2)
14and (3m) (a) and (b).
AB649-ASA1,52,1815 (bg) (title) Quadrennial potential studies. 1. The commission shall assess the
16reduction in the use of and demand for each target fuel that can be achieved in each
17year of the quadrennium following the proceeding under par. (bc) through all of the
18following:
AB649-ASA1,52,2019 a. Cost-effective energy efficiency and renewable resource programs
20administered by energy providers or other persons.
AB649-ASA1,52,2421 b. Programs and policy mechanisms under the commission's jurisdiction,
22excluding the programs described in subd. 1. a., and including demand response and
23load management programs and the renewable portfolio standard, as defined in s.
24196.378 (1r) (gm).
AB649-ASA1,52,2525 c. Low-income weatherization programs under ss. 16.26, 16.27, and 16.957.
AB649-ASA1,53,3
1d. Other programs and policy mechanisms, including appliance and equipment
2efficiency standards, mandatory and voluntary energy conservation standards for
3buildings, and voluntary certification programs.
AB649-ASA1,53,54 1m. (intro.) In making assessments under subd. 1., the commission shall
5consider all of the following:
AB649-ASA1,53,76 2. Reductions in use of and demand for a target fuel in assessments under subd.
71. shall be expressed as percentages of total sales for the target fuel.
AB649-ASA1,53,138 (bn) Quadrennial goals. For each year of the quadrennium following the
9proceeding under par. (bc), the commission shall establish a goal for the reduction
10in demand for and use of each target fuel that can be achieved under the statewide
11programs, and a goal for the reduction in demand for and use of each regulated fuel
12that can be achieved by or on behalf of each municipal utility and retail electric
13cooperative, as follows:
AB649-ASA1,53,1414 1. For each regulated fuel:
AB649-ASA1,53,1515 a. Estimate the total sales of the regulated fuel that will occur in the year.
AB649-ASA1,53,1816 b. Estimate the proportion of the amount estimated under subd. 1. a. that will
17be attributable to sales by all energy utilities in the year and multiply the proportion
18estimated under this subd. 1. b. by the amount estimated under subd. 1. a.
AB649-ASA1,53,2219 c. Estimate the proportion of the amount estimated under subd. 1. a. that will
20be attributable to sales by each municipal utility or retail electric cooperative in the
21year and multiply the proportion estimated under this subd. 1. c. by the amount
22estimated under subd. 1. a.
AB649-ASA1,53,2423 d. Determine the difference between the percentages determined under par.
24(bg) 1. a. and c. for the regulated fuel for the year.
AB649-ASA1,54,4
1e. Multiply the product determined under subd. 1. b. by the difference
2determined under subd. 1. d. The resulting product shall be the goal under the
3statewide programs for the regulated fuel for the year, unless modified by the
4commission under sub. (8) (b) 2.
AB649-ASA1,54,175 f. Multiply the product determined under subd. 1. c. for a municipal utility or
6retail electric cooperative by the difference determined under subd. 1. d. The
7resulting product shall be the goal for the regulated fuel for the year for the municipal
8utility or retail electric cooperative, unless modified by the commission under sub.
9(8) (b) 2.; and except that the commission may revise the goal if the commission
10determines that the goal is unreasonable considering the composition of the
11membership or customer base of the municipal utility or retail electric cooperative;
12and except that, if the joint committee on finance objects under par. (bw) 3g. to a
13proposal regarding one or more energy utilities, the commission shall revise goals for
14municipal utilities and retail electric cooperatives in a manner that is consistent
15with the energy utility payments to the statewide programs contractor that result
16from the objection, and the commission shall notify municipal utilities and retail
17electric cooperatives of the revised goals.
AB649-ASA1,54,1818 2. For each unregulated fuel:
AB649-ASA1,54,1919 a. Estimate the total sales of the unregulated fuel that will occur in the year.
AB649-ASA1,54,2120 b. Determine the difference between the percentages determined under par.
21(bg) 1. a. and c. for the unregulated fuel for the year.
AB649-ASA1,54,2522 c. Multiply the estimate under subd. 2. a. by the difference determined under
23subd. 2. b. The resulting product shall be the goal under the statewide programs for
24the unregulated fuel for the year, unless modified by the commission under sub. (8)
25(b) 2.
AB649-ASA1,55,4
1(br) Quadrennial funding requirements. 1. `Statewide programs.' The
2commission shall determine the amount of funds necessary for statewide programs
3for each target fuel for each year of the quadrennium following the proceeding under
4par. (bc) as follows:
AB649-ASA1,55,65 a. For each target fuel, determine the amount of funds necessary to achieve the
6goal determined under par. (bn) 1. e. or 2. c. for the year.
AB649-ASA1,55,97 b. Subtract from the amount determined under subd. 1. a. the total amount that
8the commission allows all energy utilities to pay for utility-administered programs
9for the target fuel in the year.
AB649-ASA1,55,1310 c. Subtract from the amount determined under subd. 1. b. the total amount of
11funding the commission allows for all large energy customer programs for the target
12fuel in the year. The result determined under this subd. 1. c. shall be the amount of
13funding necessary for statewide programs for the target fuel in the year.
AB649-ASA1,55,2014 2. `Municipal utilities and retail electric cooperatives.' Except as provided in
15sub. (7) (bg), each municipal utility and retail electric cooperative shall determine the
16amount of funds necessary to achieve the goal determined under par. (bn) 1. f. for
17each regulated fuel for each year of the quadrennium following the proceeding under
18par. (bc). The minimum amount that a municipal utility or retail electric cooperative
19may determine for a year under this subdivision shall correspond to a monthly fee
20imposed on each customer or member that collects an annual average of $8 per meter.
AB649-ASA1,55,2421 (bw) (title) Funding allocation. 1. A prime supplier shall report to the
22commission, in the form specified by the commission, the amount of unregulated fuel
23that the prime supplier imports into this state each year for ultimate use by end users
24in this state.
AB649-ASA1,56,4
12. In the proceeding under par. (bc), for each target fuel, the commission shall
2determine the percentage of total sales of the target fuel by all energy utilities and
3prime suppliers in the quadrennium prior to the proceeding that is attributable to
4each energy utility and prime supplier.
AB649-ASA1,56,125 3. For each regulated fuel and for each year of the quadrennium following the
6proceeding under par. (bc), the commission shall determine the amount equal to the
7percentage determined for an energy utility under subd. 2. multiplied by the amount
8determined under par. (br) 1. c. for the regulated fuel for the year. Subject to subd.
93g., for each year, the commission shall require the energy utility to collect from its
10customers and pay to a statewide programs contractor the amount so determined or
111.2 percent of the energy utility's annual operating revenues for the year, whichever
12is greater.
AB649-ASA1,56,2013 3r. For the purpose of funding grants and loans under sub. (2) (a) 2. e., the
14commission shall require each energy utility each year to collect from its customers
15and pay to a statewide programs contractor 0.2 percent of the energy utility's annual
16operating revenues for the year. The amounts that an energy utility is required to
17pay under this subdivision are in addition to the amounts the energy utility is
18required to pay under subd. 3. or 3g. This subdivision does not apply after the first
19day of the 48th month beginning after the effective date of this subdivision .... [LRB
20inserts date].
AB649-ASA1,56,2521 4. For each unregulated fuel, the commission shall order each prime supplier
22to pay to a statewide programs contractor in each year of the quadrennium following
23the proceeding under par. (bc) an amount equal to the percentage determined for the
24prime supplier under subd. 2. multiplied by the amount determined under par. (br)
251. c. for the unregulated fuel for the year.
AB649-ASA1, s. 112
1Section 112. 196.374 (3) (c) (title) of the statutes is amended to read:
AB649-ASA1,57,22 196.374 (3) (c) (title) Reviews Other reviews and approvals.
AB649-ASA1, s. 113 3Section 113. 196.374 (3) (c) 1. of the statutes is amended to read:
AB649-ASA1,57,84 196.374 (3) (c) 1. Review and approve contracts under sub. (2) (a) 1. between
5the energy utilities and program administrators
If the energy utilities contract with
6more than one person under sub. (2) (a) 1., the commission shall determine how to
7allocate among those persons the requirements under this section involving
8statewide programs contractors
.
AB649-ASA1, s. 114 9Section 114. 196.374 (3) (c) 2. (intro.), a. and b. of the statutes are consolidated,
10renumbered 196.374 (3) (c) 2. (intro.) and amended to read:
AB649-ASA1,57,2011 196.374 (3) (c) 2. (intro.) Review requests under sub. (2) (b) for
12utility-administered, supplemental utility, and large energy customer programs
.
13The commission may condition its approval of a request under sub. (2) (b) as
14necessary to protect the public interest. The commission shall approve a request
15under sub. (2) (b) 1. or 2. if the commission determines that a proposed energy
16efficiency or renewable resource
program is in the public interest and satisfies all of
17the following: a. The program
, has specific savings targets and performance
18measurable performance-based goals approved by the commission. b. The program,
19is subject to independent evaluation by the commission. , and, for a
20utility-administered or supplemental utility program, satisfies all of the following:
AB649-ASA1, s. 115 21Section 115. 196.374 (3) (c) 2. bm., c., d. and e. of the statutes are created to
22read:
AB649-ASA1,57,2523 196.374 (3) (c) 2. bm. Implementation of the program will complement the
24statewide programs and enhance the ability of the statewide programs to meet or
25exceed their goals.
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