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.
AB649-ASA1,58,2
1c. Implementation of the program will enhance the ability of the state to meet
2its greenhouse gas emission reduction goals under s. 299.03 (2).
AB649-ASA1,58,43 d. Considering alternatives to the program, the costs of the program are
4reasonable.
AB649-ASA1,58,55 e. The benefits of the program exceed the costs of the program.
AB649-ASA1, s. 116 6Section 116. 196.374 (3) (d) of the statutes is amended to read:
AB649-ASA1,58,177 196.374 (3) (d) Audits. Annually, the commission shall contract with one or
8more independent auditors to prepare a financial and performance audit of the
9statewide, utility-administered, supplemental utility, and large energy customer
10programs specified in par. (b) 1. The purpose of the performance audit shall be to
11evaluate the programs and measure the performance of the programs against the
12goals and targets set approved by the commission under par. (b) 1. The person or
13persons with whom the energy utilities contract for program administration under
14sub. (2) (a) 1. shall pay the costs of the audits from the amounts paid under the
15contracts under sub. (2) (a) 1
(c) 2. or established under par. (bn) 1. e. or 2. c. The audit
16shall also determine the amount of reduction in the demand for and use of each target
17fuel that has resulted in the year under the programs
.
AB649-ASA1, s. 117 18Section 117. 196.374 (3) (dm) of the statutes is created to read:
AB649-ASA1,58,2319 196.374 (3) (dm) Consultations. If an audit under par. (d) indicates that a
20program has failed to achieve one or more goals for the year of the audit, the
21commission shall consult with the statewide programs contractor or person
22administering the program regarding ways to modify the program to ensure that, as
23determined under sub. (8) (a), it will achieve its goals.
AB649-ASA1, s. 118 24Section 118. 196.374 (3) (e) of the statutes is renumbered 196.374 (3) (e) 1m.,
25and 196.374 (3) (e) 1m. a. and b., as renumbered, are amended to read:
AB649-ASA1,59,4
1196.374 (3) (e) 1m. a. The expenses of the commission, energy utilities, and
2program administrators contracted under sub. (2) (a) 1. statewide programs
3contractors
in administering or participating in the statewide programs under sub.
4(2) (a) 1
.
AB649-ASA1,59,85 b. The effectiveness of the statewide, utility-administered, supplemental
6utility, large energy customer, and commitment to community
programs specified in
7par. (b) 1. and sub. (7)
in reducing demand for electricity target fuels, and increasing
8the use of renewable resources owned by customers or members.
AB649-ASA1, s. 119 9Section 119. 196.374 (3) (e) 2m. of the statutes is created to read:
AB649-ASA1,59,2110 196.374 (3) (e) 2m. No later than January 1, 2014, the commission shall submit
11a report to the legislature in the manner described under s. 13.172 (3) on the
12status, development, and use of small-scale renewable technologies and the costs,
13benefits, and alternatives for providing additional incentives for the deployment of
14such technologies on a distributed generation basis. The report shall also
15recommend goals and mechanisms for encouraging the deployment of such
16technologies on such a basis, examine any obstacles to achieving the goals, and
17examine the relationship between the goals and the voluntary tariff offerings of
18energy utilities, the statewide energy programs, and any relevant federal programs.
19In preparing the report, the commission shall consult with the office of energy
20independence, the department of commerce, and the department of agriculture,
21trade and consumer protection.
AB649-ASA1, s. 120 22Section 120. 196.374 (3) (f) 1. of the statutes is amended to read:
AB649-ASA1,60,223 196.374 (3) (f) 1. Procedures for energy utilities to collectively contract with
24program administrators for administration of statewide programs under sub. (2) (a)

11. and to receive contributions from municipal utilities and retail electric
2cooperatives under sub. (7) (b) 2.
statewide programs contractors.
AB649-ASA1, s. 121 3Section 121. 196.374 (3) (f) 2. of the statutes is amended to read:
AB649-ASA1,60,74 196.374 (3) (f) 2. Procedures and criteria for commission review and approval
5of contracts for administration of statewide programs under sub. (2) (a) 1., including
6criteria for the selection of program administrators under sub. (2) (a) 1. statewide
7programs contractors.
AB649-ASA1, s. 122 8Section 122. 196.374 (3) (f) 3. of the statutes is amended to read:
AB649-ASA1,60,129 196.374 (3) (f) 3. Procedures and criteria for commission review and approval
10of utility-administered, supplemental utility, and large energy customer programs
11under sub. (2) (b) 1. and 2., customer programs under sub. (2) (c), and requests under
12sub. (2) (b) 3.
AB649-ASA1, s. 123 13Section 123. 196.374 (3) (f) 4. of the statutes is amended to read:
AB649-ASA1,60,1714 196.374 (3) (f) 4. Minimum requirements for energy efficiency and renewable
15resource
the statewide, utility-administered, supplemental utility, and large energy
16customer
programs under sub. (2) (a) 1. and customer energy efficiency programs
17under sub. (2) (c)
.
AB649-ASA1, s. 124 18Section 124. 196.374 (4) (a) (intro.) of the statutes is amended to read:
AB649-ASA1,60,2319 196.374 (4) (a) (intro.) In implementing the statewide programs under sub. (2)
20(a) 1.
or administering a commitment to community program under a contract under
21sub. (7) (am) 2.
, including the awarding of grants or contracts, a person who contracts
22with the utilities under sub. (2) (a) 1.,
a statewide programs contractor or a person
23who subcontracts with such a person a statewide programs contractor:
AB649-ASA1, s. 125 24Section 125. 196.374 (4) (a) 1. of the statutes is amended to read:
AB649-ASA1,61,3
1196.374 (4) (a) 1. May not discriminate against an energy utility provider or
2its affiliate or a wholesale supplier or its affiliate solely on the basis of its status as
3an energy utility provider or its affiliate or wholesale supplier or its affiliate.
AB649-ASA1, s. 126 4Section 126. 196.374 (4) (a) 2. of the statutes is amended to read:
AB649-ASA1,61,65 196.374 (4) (a) 2. Shall provide services to utility customers target fuel users
6on a nondiscriminatory basis and subject to a customer's user's choice.
AB649-ASA1, s. 127 7Section 127. 196.374 (4) (b) of the statutes is amended to read:
AB649-ASA1,61,158 196.374 (4) (b) An energy utility that provides financing under an energy
9efficiency program under sub. (2) (b) 1. or 2.
a utility-administered or supplemental
10utility program
for installation, by a customer, of energy efficiency or renewable
11resource processes, equipment, or appliances, or an affiliate of such a utility, may not
12sell to or install for the customer those processes, equipment, appliances, or related
13materials. The customer shall acquire the installation of the processes, equipment,
14appliances, or related materials from an independent contractor of the customer's
15choice.
AB649-ASA1, s. 128 16Section 128. 196.374 (5) (a) of the statutes is amended to read:
AB649-ASA1,61,2117 196.374 (5) (a) Rate-making orders. The commission shall ensure in
18rate-making orders that an energy utility recovers from its ratepayers the amounts
19the energy utility spends for pays for statewide programs and the costs the energy
20utility incurs for utility-administered and supplemental utility
programs under sub.
21(2) (a) 1
.
AB649-ASA1, s. 129 22Section 129. 196.374 (5) (b) 1. and (bm) 3. of the statutes are consolidated,
23renumbered 196.374 (5) (b) 1. and amended to read:
AB649-ASA1,62,824 196.374 (5) (b) 1. Except as provided in sub. (2) (c) and par. (bm) 2. subds. 3.
25and 4.
, if the commission has determined that a customer of an energy utility is a

1large energy customer under 2005 Wisconsin Act 141, section 102 (8) (b), then, each
2month, the energy utility shall collect from the customer, for recovery of amounts
3under par. (a), the amount determined by the commission under 2005 Wisconsin Act
4141
, section 102 (8) (c). (bm) 3. Until the proposal under subd. 1. takes effect, the
5The commission may not include the revenues received from a large energy customer
6in the calculation of operating revenues for purposes of sub. (3) (b) 2. this subdivision
7for an energy utility that in 2005 did not collect revenues from its customers under
8s. 196.374 (3), 2003 stats.
AB649-ASA1, s. 130 9Section 130. 196.374 (5) (b) 2. of the statutes is amended to read:
AB649-ASA1,62,2310 196.374 (5) (b) 2. A customer of an energy utility that the commission has not
11determined is a large energy customer under 2005 Wisconsin Act 141, section 102 (8)
12(b), may petition the commission for a determination that the customer is a large
13energy customer. The commission shall determine that a petitioner is a large energy
14customer if the petitioner satisfies the definition of large energy customer for any
15month in the 12 months preceding the date of the petition. If the commission makes
16such a determination, the commission shall also determine the amount that the
17energy utility may collect from the customer each month for recovery of the amounts
18under par. (a). The commission shall determine an amount that ensures that the
19amount collected from the customer is similar to the amounts collected from other
20customers that have a similar level of energy costs as the customer. Except as
21provided in sub. (2) (c) and par. (bm) 2. subds. 3. and 4., each month, the energy utility
22shall collect from the customer, for recovery of amounts under par. (a), the amount
23determined by the commission under this subdivision.
AB649-ASA1, s. 131 24Section 131. 196.374 (5) (b) 4. of the statutes is created to read:
AB649-ASA1,63,6
1196.374 (5) (b) 4. In addition to the amounts that an energy utility may collect
2from a large energy customer under subd. 1. or 2., the energy utility may collect from
3the customer the customer's share of any amount that the energy utility is required
4to pay a statewide programs contractor which exceeds 1.2 percent of the energy
5utility's annual operating revenues for a year and the customer's share is subject to
6par. (d).
AB649-ASA1, s. 132 7Section 132. 196.374 (5) (bm) (title) of the statutes is repealed.
AB649-ASA1, s. 133 8Section 133. 196.374 (5) (bm) 1. of the statutes, as affected by 2009 Wisconsin
9Act 180
, is repealed.
AB649-ASA1, s. 134 10Section 134. 196.374 (5) (bm) 2. of the statutes is renumbered 196.374 (5) (b)
113. and 196.374 (5) (b) 3. (intro.), as renumbered, is amended to read:
AB649-ASA1,63,1612 196.374 (5) (b) 3. If, by July 1, 2009, legislation based on the proposal under
13subd. 1. has not been enacted, the
The commission shall, beginning on July 1, 2009,
14annually increase the amount that an energy utility may recover from a large energy
15customer each month under par. (b) subd. 1. or 2. only by a percentage that is the
16lesser of the following:
AB649-ASA1, s. 135 17Section 135. 196.374 (5) (d) of the statutes is amended to read:
AB649-ASA1,63,2218 196.374 (5) (d) Equitable contributions. Subject to pars. (b) and (bm) 2. par. (b)
191. to 3.
, the commission shall ensure that the cost of energy efficiency and renewable
20resource
the statewide and utility-administered programs is equitably divided
21among customer classes so that similarly situated ratepayers contribute equivalent
22amounts for the programs.
AB649-ASA1, s. 136 23Section 136. 196.374 (5m) (a) of the statutes is amended to read:
AB649-ASA1,64,1224 196.374 (5m) (a) The commission shall ensure that, on an annual basis, each
25customer class of an energy utility has the opportunity to receive grants and benefits

1under energy efficiency the statewide and utility-administered programs in an
2amount equal to the amount that is recovered from the customer class under sub. (5)
3(a)
equitable manner that meets the reasonable needs of the class for the grants and
4benefits and that is consistent with par. (am). The commission shall also ensure that
5the amounts recovered from ratepayers under sub. (5) (a) are used for the benefit of
6ratepayers and that end users of unregulated fuels receive grants and benefits under
7the statewide programs in an amount equal to the amount paid by prime suppliers
8to statewide program contractors under sub. (3) (bw) 4
. Biennially, the commission
9shall submit a report to the governor, and the chief clerk of each house of the
10legislature for distribution to the legislature under s. 13.172 (2), that summarizes the
11total amount recovered from each energy utility customer class and the total amount
12of grants made to, and benefits received by, each customer class.
AB649-ASA1, s. 137 13Section 137. 196.374 (5m) (am) of the statutes is created to read:
AB649-ASA1,64,1914 196.374 (5m) (am) The commission shall ensure that the statewide and
15utility-administered programs are administered in a manner that targets
16agricultural, commercial, industrial, and institutional sectors in order to achieve the
17available, most cost-effective energy conservation and efficiency measures that have
18the greatest potential to enable the state to meet or exceed the goals specified in s.
19299.03 (2) and (3m) (a) and (b) at the lowest costs.
AB649-ASA1, s. 138 20Section 138. 196.374 (5m) (b) of the statutes is amended to read:
AB649-ASA1,65,221 196.374 (5m) (b) The commission shall ensure that customers target fuel users
22throughout the state have an equivalent opportunity to receive the benefits of the
23statewide and utility-administered programs under sub. (2) (a) 1. and (b) 1. The
24commission shall ensure that the statewide programs are designed to ensure that
25retail customers target fuel users in areas not served by utility-administered

1programs under sub. (2) (b) 1. receive equivalent opportunities as those in areas
2served by utility-administered programs under sub. (2) (b) 1.
AB649-ASA1, s. 139 3Section 139. 196.374 (6) of the statutes is amended to read:
AB649-ASA1,65,94 196.374 (6) Annual statements. Annually, the commission shall prepare a
5statement that describes the statewide, utility-administered, supplemental utility,
6and large energy customer
programs under sub. (2) (a) 1., (b) 1. and 2., and (c), and
7ordered programs, administered or funded by the energy utility
and presents cost
8and benefit information for those programs. An energy utility shall provide each of
9its customers with a copy of the statement.
AB649-ASA1, s. 140 10Section 140. 196.374 (7) (a) of the statutes is repealed.
AB649-ASA1, s. 141 11Section 141. 196.374 (7) (am) of the statutes is created to read:
AB649-ASA1,65,1612 196.374 (7) (am) Quadrennial funding of goals. Except as provided in par. (bg),
13in each year of the quadrennium following the proceeding under sub. (3) (bc), each
14municipal utility and retail electric cooperative shall spend the amount determined
15by the municipal utility or retail electric cooperative under sub. (3) (br) 2. for that
16year on the following:
AB649-ASA1,65,1917 1. Commitment to community programs administered individually by the
18municipal utility or retail electric cooperative or jointly by the municipal utility or
19retail cooperative and other municipal utilities or retail electric cooperatives.
AB649-ASA1,65,2220 2. Contracts with a statewide programs contractor to administer commitment
21to community programs in the service territory of the municipal utility or retail
22electric cooperative.
AB649-ASA1,65,2523 3. Contracts with a wholesale supplier to administer commitment to
24community programs in the service territory of the municipal utility or retail electric
25cooperative.
AB649-ASA1,66,2
14. Any combination of commitment to community programs or contracts under
2subds. 1. to 3.
AB649-ASA1, s. 142 3Section 142. 196.374 (7) (b) (title) of the statutes is renumbered 196.374 (7)
4(br) (title).
AB649-ASA1, s. 143 5Section 143. 196.374 (7) (b) 1. of the statutes is renumbered 196.374 (7) (br)
6and amended to read:
AB649-ASA1,66,117 196.374 (7) (br) Except as provided in subd. 2., each retail electric cooperative
8and municipal utility shall spend the fees that it charges under par. (a) on
9commitment to community programs.
The purpose of the commitment to community
10programs under this paragraph shall be to help achieve environmentally sound and
11adequate energy supplies at reasonable cost.
AB649-ASA1, s. 144 12Section 144. 196.374 (7) (b) 2. of the statutes is repealed.
AB649-ASA1, s. 145 13Section 145. 196.374 (7) (bg) of the statutes is created to read:
AB649-ASA1,66,1914 196.374 (7) (bg) Wholesale supplier assignments. A municipal utility or retail
15electric cooperative may assign to a wholesale supplier the duty to achieve a goal
16determined for the municipal utility or retail electric cooperative under sub. (3) (bn)
171. f. for a regulated fuel. If a wholesale supplier accepts an assignment, the wholesale
18supplier shall notify the commission. A wholesale supplier that accepts an
19assignment shall do all of the following:
AB649-ASA1,66,2020 1. Determine the amount of funds necessary to achieve the assigned goal.
AB649-ASA1,66,2321 2. Spend the amount determined under subd. 1. in administering commitment
22to community programs on behalf of the municipal utility or retail electric
23cooperative.
AB649-ASA1,66,2524 3. Prepare and provide statements on behalf of the municipal utility or retail
25electric cooperative under par. (dm).
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