Amendment ASA1-AB649

AB649-ASA1,61,3 196.374 (4) (a) 1. May not discriminate against an energy utility provider or its affiliate or a wholesale supplier or its affiliate solely on the basis of its status as an energy utility provider or its affiliate or wholesale supplier or its affiliate.

AB649-ASA1, s. 126 Section 126. 196.374 (4) (a) 2. of the statutes is amended to read:

AB649-ASA1,61,6 196.374 (4) (a) 2. Shall provide services to utility customers target fuel users on a nondiscriminatory basis and subject to a customer's user's choice.

AB649-ASA1, s. 127 Section 127. 196.374 (4) (b) of the statutes is amended to read:

AB649-ASA1,61,15 196.374 (4) (b) An energy utility that provides financing under an energy efficiency program under sub. (2) (b) 1. or 2. a utility-administered or supplemental utility program for installation, by a customer, of energy efficiency or renewable resource processes, equipment, or appliances, or an affiliate of such a utility, may not sell to or install for the customer those processes, equipment, appliances, or related materials. The customer shall acquire the installation of the processes, equipment, appliances, or related materials from an independent contractor of the customer's choice.

AB649-ASA1, s. 128 Section 128. 196.374 (5) (a) of the statutes is amended to read:

AB649-ASA1,61,21 196.374 (5) (a) Rate-making orders. The commission shall ensure in rate-making orders that an energy utility recovers from its ratepayers the amounts the energy utility spends for pays for statewide programs and the costs the energy utility incurs for utility-administered and supplemental utility programs under sub. (2) (a) 1.

AB649-ASA1, s. 129 Section 129. 196.374 (5) (b) 1. and (bm) 3. of the statutes are consolidated, renumbered 196.374 (5) (b) 1. and amended to read:

AB649-ASA1,62,8 196.374 (5) (b) 1. Except as provided in sub. (2) (c) and par. (bm) 2. subds. 3. and 4., if the commission has determined that a customer of an energy utility is a large energy customer under 2005 Wisconsin Act 141, section 102 (8) (b), then, each month, the energy utility shall collect from the customer, for recovery of amounts under par. (a), the amount determined by the commission under 2005 Wisconsin Act 141, section 102 (8) (c). (bm) 3. Until the proposal under subd. 1. takes effect, the The commission may not include the revenues received from a large energy customer in the calculation of operating revenues for purposes of sub. (3) (b) 2. this subdivision for an energy utility that in 2005 did not collect revenues from its customers under s. 196.374 (3), 2003 stats.

AB649-ASA1, s. 130 Section 130. 196.374 (5) (b) 2. of the statutes is amended to read:

AB649-ASA1,62,23 196.374 (5) (b) 2. A customer of an energy utility that the commission has not determined is a large energy customer under 2005 Wisconsin Act 141, section 102 (8) (b), may petition the commission for a determination that the customer is a large energy customer. The commission shall determine that a petitioner is a large energy customer if the petitioner satisfies the definition of large energy customer for any month in the 12 months preceding the date of the petition. If the commission makes such a determination, the commission shall also determine the amount that the energy utility may collect from the customer each month for recovery of the amounts under par. (a). The commission shall determine an amount that ensures that the amount collected from the customer is similar to the amounts collected from other customers that have a similar level of energy costs as the customer. Except as provided in sub. (2) (c) and par. (bm) 2. subds. 3. and 4., each month, the energy utility shall collect from the customer, for recovery of amounts under par. (a), the amount determined by the commission under this subdivision.

AB649-ASA1, s. 131 Section 131. 196.374 (5) (b) 4. of the statutes is created to read:

AB649-ASA1,63,6 196.374 (5) (b) 4. In addition to the amounts that an energy utility may collect from a large energy customer under subd. 1. or 2., the energy utility may collect from the customer the customer's share of any amount that the energy utility is required to pay a statewide programs contractor which exceeds 1.2 percent of the energy utility's annual operating revenues for a year and the customer's share is subject to par. (d).

AB649-ASA1, s. 132 Section 132. 196.374 (5) (bm) (title) of the statutes is repealed.

AB649-ASA1, s. 133 Section 133. 196.374 (5) (bm) 1. of the statutes, as affected by 2009 Wisconsin Act 180, is repealed.

AB649-ASA1, s. 134 Section 134. 196.374 (5) (bm) 2. of the statutes is renumbered 196.374 (5) (b) 3. and 196.374 (5) (b) 3. (intro.), as renumbered, is amended to read:

AB649-ASA1,63,16 196.374 (5) (b) 3. If, by July 1, 2009, legislation based on the proposal under subd. 1. has not been enacted, the The commission shall, beginning on July 1, 2009, annually increase the amount that an energy utility may recover from a large energy customer each month under par. (b) subd. 1. or 2. only by a percentage that is the lesser of the following:

AB649-ASA1, s. 135 Section 135. 196.374 (5) (d) of the statutes is amended to read:

AB649-ASA1,63,22 196.374 (5) (d) Equitable contributions. Subject to pars. (b) and (bm) 2. par. (b) 1. to 3., the commission shall ensure that the cost of energy efficiency and renewable resource the statewide and utility-administered programs is equitably divided among customer classes so that similarly situated ratepayers contribute equivalent amounts for the programs.

AB649-ASA1, s. 136 Section 136. 196.374 (5m) (a) of the statutes is amended to read:

AB649-ASA1,64,12 196.374 (5m) (a) The commission shall ensure that, on an annual basis, each customer class of an energy utility has the opportunity to receive grants and benefits under energy efficiency the statewide and utility-administered programs in an amount equal to the amount that is recovered from the customer class under sub. (5) (a) equitable manner that meets the reasonable needs of the class for the grants and benefits and that is consistent with par. (am). The commission shall also ensure that the amounts recovered from ratepayers under sub. (5) (a) are used for the benefit of ratepayers and that end users of unregulated fuels receive grants and benefits under the statewide programs in an amount equal to the amount paid by prime suppliers to statewide program contractors under sub. (3) (bw) 4. Biennially, the commission shall submit a report to the governor, and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), that summarizes the total amount recovered from each energy utility customer class and the total amount of grants made to, and benefits received by, each customer class.

AB649-ASA1, s. 137 Section 137. 196.374 (5m) (am) of the statutes is created to read:

AB649-ASA1,64,19 196.374 (5m) (am) The commission shall ensure that the statewide and utility-administered programs are administered in a manner that targets agricultural, commercial, industrial, and institutional sectors in order to achieve the available, most cost-effective energy conservation and efficiency measures that have the greatest potential to enable the state to meet or exceed the goals specified in s. 299.03 (2) and (3m) (a) and (b) at the lowest costs.

AB649-ASA1, s. 138 Section 138. 196.374 (5m) (b) of the statutes is amended to read:

AB649-ASA1,65,2 196.374 (5m) (b) The commission shall ensure that customers target fuel users throughout the state have an equivalent opportunity to receive the benefits of the statewide and utility-administered programs under sub. (2) (a) 1. and (b) 1. The commission shall ensure that the statewide programs are designed to ensure that retail customers target fuel users in areas not served by utility-administered programs under sub. (2) (b) 1. receive equivalent opportunities as those in areas served by utility-administered programs under sub. (2) (b) 1.

AB649-ASA1, s. 139 Section 139. 196.374 (6) of the statutes is amended to read:

AB649-ASA1,65,9 196.374 (6) Annual statements. Annually, the commission shall prepare a statement that describes the statewide, utility-administered, supplemental utility, and large energy customer programs under sub. (2) (a) 1., (b) 1. and 2., and (c), and ordered programs, administered or funded by the energy utility and presents cost and benefit information for those programs. An energy utility shall provide each of its customers with a copy of the statement.

AB649-ASA1, s. 140 Section 140. 196.374 (7) (a) of the statutes is repealed.

AB649-ASA1, s. 141 Section 141. 196.374 (7) (am) of the statutes is created to read:

AB649-ASA1,65,16 196.374 (7) (am) Quadrennial funding of goals. Except as provided in par. (bg), in each year of the quadrennium following the proceeding under sub. (3) (bc), each municipal utility and retail electric cooperative shall spend the amount determined by the municipal utility or retail electric cooperative under sub. (3) (br) 2. for that year on the following:

AB649-ASA1,65,19 1. Commitment to community programs administered individually by the municipal utility or retail electric cooperative or jointly by the municipal utility or retail cooperative and other municipal utilities or retail electric cooperatives.

AB649-ASA1,65,22 2. Contracts with a statewide programs contractor to administer commitment to community programs in the service territory of the municipal utility or retail electric cooperative.

AB649-ASA1,65,25 3. Contracts with a wholesale supplier to administer commitment to community programs in the service territory of the municipal utility or retail electric cooperative.

AB649-ASA1,66,2 4. Any combination of commitment to community programs or contracts under subds. 1. to 3.

AB649-ASA1, s. 142 Section 142. 196.374 (7) (b) (title) of the statutes is renumbered 196.374 (7) (br) (title).

AB649-ASA1, s. 143 Section 143. 196.374 (7) (b) 1. of the statutes is renumbered 196.374 (7) (br) and amended to read:

AB649-ASA1,66,11 196.374 (7) (br) Except as provided in subd. 2., each retail electric cooperative and municipal utility shall spend the fees that it charges under par. (a) on commitment to community programs. The purpose of the commitment to community programs under this paragraph shall be to help achieve environmentally sound and adequate energy supplies at reasonable cost.

AB649-ASA1, s. 144 Section 144. 196.374 (7) (b) 2. of the statutes is repealed.

AB649-ASA1, s. 145 Section 145. 196.374 (7) (bg) of the statutes is created to read:

AB649-ASA1,66,19 196.374 (7) (bg) Wholesale supplier assignments. A municipal utility or retail electric cooperative may assign to a wholesale supplier the duty to achieve a goal determined for the municipal utility or retail electric cooperative under sub. (3) (bn) 1. f. for a regulated fuel. If a wholesale supplier accepts an assignment, the wholesale supplier shall notify the commission. A wholesale supplier that accepts an assignment shall do all of the following:

AB649-ASA1,66,20 1. Determine the amount of funds necessary to achieve the assigned goal.

AB649-ASA1,66,23 2. Spend the amount determined under subd. 1. in administering commitment to community programs on behalf of the municipal utility or retail electric cooperative.

AB649-ASA1,66,25 3. Prepare and provide statements on behalf of the municipal utility or retail electric cooperative under par. (dm).

AB649-ASA1,67,2 4. Provide for audits and submit reports on behalf of the municipal utility or retail electric cooperative under par. (e).

AB649-ASA1,67,6 5. If the wholesale supplier accepts an assignment from more than one municipal utility or retail electric cooperative, carry out the duties specified in subds. 1. to 4. on an aggregate basis for all the municipal utilities and retail electric cooperatives for which the wholesale supplier has accepted an assignment.

AB649-ASA1, s. 146 Section 146. 196.374 (7) (c) of the statutes is repealed.

AB649-ASA1, s. 147 Section 147. 196.374 (7) (cm) of the statutes is created to read:

AB649-ASA1,67,11 196.374 (7) (cm) Cost recovery. The commission shall ensure in rate-making orders that a municipal utility recovers from its ratepayers the amounts the municipal utility spends to comply with this section.

AB649-ASA1, s. 148 Section 148. 196.374 (7) (d) of the statutes is repealed.

AB649-ASA1, s. 149 Section 149. 196.374 (7) (dm) of the statutes is created to read:

AB649-ASA1,67,17 196.374 (7) (dm) Annual statements. Annually, a municipal utility or retail electric cooperative shall prepare a statement that describes the municipal utility's or retail electric cooperative's commitment to community programs and provide customers or members with a copy of the statement.

AB649-ASA1, s. 150 Section 150. 196.374 (7) (e) (title) of the statutes is repealed and recreated to read:

AB649-ASA1,67,20 196.374 (7) (e) (title) Audits and reports.

AB649-ASA1, s. 151 Section 151. 196.374 (7) (e) 1. (intro.) of the statutes is amended to read:

AB649-ASA1,68,2 196.374 (7) (e) 1. (intro.) Annually, each municipal utility and retail electric cooperative that spends the fee that it charges under par. (a) for commitment to community programs under par. (b) shall provide for an independent financial and program audit of its the commitment to community programs that it administers or for which it contracts under par. (am) and submit a report to the commission that describes all of the following:

AB649-ASA1, s. 152 Section 152. 196.374 (7) (e) 1. a. of the statutes is amended to read:

AB649-ASA1,68,9 196.374 (7) (e) 1. a. An accounting of any fees charged to customers or members under par. (a) in the year in order to comply with the spending required under par. (am) and an accounting of the expenditures in the year on commitment to community programs under par. (b), including any amounts included in the municipal utility's or retail electric cooperative's calculations under par. (c) that the municipal utility or retail electric cooperative administers or for which it contracts under par. (am).

AB649-ASA1, s. 153 Section 153. 196.374 (7) (e) 1. b. of the statutes is amended to read:

AB649-ASA1,68,13 196.374 (7) (e) 1. b. A description of the commitment to community programs established by the municipal utility or retail electric cooperative in the year described in subd. 1. a.

AB649-ASA1, s. 154 Section 154. 196.374 (7) (e) 1. c. of the statutes is amended to read:

AB649-ASA1,68,17 196.374 (7) (e) 1. c. The effectiveness of the commitment to community programs described in subd. 1. a. in reducing demand for electricity by customers or members regulated fuels.

AB649-ASA1, s. 155 Section 155. 196.374 (7) (e) 1. e. of the statutes is created to read:

AB649-ASA1,68,21 196.374 (7) (e) 1. e. An assessment, based on the program audit, of whether the commitment to community programs described in subd. 1. a. have met the goal for each regulated fuel for the year determined under sub. (3) (bn) 1. f.

AB649-ASA1, s. 156 Section 156. 196.374 (8) of the statutes is renumbered 196.374 (8) (d) and amended to read:

AB649-ASA1,69,5 196.374 (8) (d) Exceptions. An energy utility that spends pays to a statewide programs contractor the full amount required under sub. (3) (b) 2. (bw) 3. or 3g. in any year is considered to have satisfied its requirements under this section for that year. A municipal utility or retail electric cooperative that contracts with a statewide programs contractor under sub. (7) (am) 2. to achieve each of the utility's or cooperative's goals determined under sub. (3) (bn) 1. f. for a year is considered to have satisfied its requirements under this section for that year.

AB649-ASA1, s. 157 Section 157. 196.374 (8) (a), (b) and (c) of the statutes are created to read:

AB649-ASA1,69,15 196.374 (8) (a) Determinations. 1. a. For each quadrennium following the proceeding under sub. (3) (bc), the commission shall determine the annual average reduction in demand for and use of each target fuel that is achieved under the statewide programs and achieved by or on behalf of each municipal utility and retail electric cooperative through commitment to community programs. Except as provided in subd. 1. b. and c., if the annual average reduction for a target fuel equals or exceeds the average of the goals determined under sub. (3) (bn) 1. e. or f. or 2. c. for the quadrennium, the commission shall conclude that the goal is achieved for the quadrennium.

AB649-ASA1,69,21 b. If a municipal utility or retail electric cooperative enters into a contract under sub. (7) (am) 3. with a wholesale supplier and at least one other municipal utility or retail electric cooperative enters into a similar contract with the wholesale supplier, the commission shall determine whether to conclude that a goal is achieved for a regulated fuel for a year under subd. 1. a. based on the aggregate annual average reduction that results for that regulated fuel for that year under all of the contracts.

AB649-ASA1,70,2 c. If a wholesale supplier accepts assignment of a goal under sub. (7) (bg) for a regulated fuel for a year from more than one municipal utility or retail electric cooperative, the commission shall determine whether to conclude that the goal is achieved on an aggregate basis for all the municipal utilities and retail electric cooperatives for which the wholesale supplier has accepted the assignment, rather than on an individual basis for each municipal utility or retail electric cooperative.

AB649-ASA1,70,7 2. For each utility-administered, supplemental utility, and large energy customer program, the commission shall determine whether the program achieved the goals approved for the program under sub. (3) (c) 2. on average over the time period in which the program is in effect or another time period specified by the commission.

AB649-ASA1,70,11 (b) Reviews. 1. If the commission determines under par. (a) that a goal is not achieved, the commission shall investigate, as applicable, the statewide programs or the utility-administered, large energy customer, or commitment to community programs at issue, and determine the reasons for failure to achieve the goal.

AB649-ASA1,70,18 2. If the commission determines under subd. 1. that a statewide programs contractor or person administering the utility-administered, large energy customer, or commitment to community program made a good faith effort to meet the goal and that the failure is due to factors outside the statewide program contractor's or person's control, the commission shall take those factors into account in modifying goals for and, where applicable, approving future programs administered by the statewide programs contractor or person.

AB649-ASA1,71,3 3. If the commission determines under subd. 1. that a statewide programs contractor or person administering the utility-administered, large energy customer, or commitment to community program did not make a good faith effort to achieve the goal or that the failure to achieve the goal was due to factors within the statewide program contractor's or person's control, the commission shall implement remedies according to the rules promulgated under par. (c). The commission may determine that a statewide programs contractor or person administering the utility-administered, large energy customer, or commitment to community program did not make a good faith effort to meet a goal only if the commission finds any of the following:

AB649-ASA1,71,5 a. The statewide programs contractor or person has repeatedly or grossly failed to meet a goal.

AB649-ASA1,71,9 b. For a commitment to community program, the municipal utility, retail electric cooperative, or wholesale supplier administering or contracting for the program did not determine an amount of funds under sub. (3) (br) 2. or (7) (bg) 1. that could reasonably be considered necessary to achieve the goal.

AB649-ASA1,71,10 c. Any other condition specified by the commission by rule.

AB649-ASA1,71,17 (c) Remedies. The commission shall promulgate rules specifying remedies to implement under par. (b) 3. that are in proportion to the magnitude of the failure to achieve a goal and the degree to which a statewide programs contractor or person administering the utility-administered, large energy customer, or commitment to community program did not make a good faith effort or did not control the factors that resulted in the failure to achieve the goal. The rules shall include all of the following remedies:

AB649-ASA1,71,21 1. An order that a statewide programs contractor or person take corrective actions, which may include achieving the goal in a year or other time period specified by the commission, in addition to achieving any other goal under this section that applies to that year or time period.

AB649-ASA1,71,22 2. For a goal under the statewide programs:

AB649-ASA1,71,25 a. An order that the energy utilities invoke any provisions of a contract under sub. (2) (a) 1., or that a statewide programs contractor invoke any provisions of a subcontract, that impose monetary penalties for failure to achieve a goal.

AB649-ASA1,72,3 b. An order that the energy utilities modify or terminate the contract with a statewide programs contractor under sub. (2) (a) 1. or an order that a statewide programs contractor modify or terminate any subcontract.

AB649-ASA1,72,5 3. For a goal under a utility-administered or large energy customer program, an order modifying or terminating the program.

AB649-ASA1,72,14 4. For a goal of a municipal utility or retail electric cooperative, an order requiring the municipal utility or retail electric cooperative to modify or terminate a contract with or assignment to a wholesale supplier under sub. (7) (am) 3. or (bg), or enter into a contract with a statewide programs contractor under sub. (7) (am) 2., or an order requiring both. The commission may rescind an order requiring a municipal utility or retail electric cooperative to enter into a contract with a statewide programs contractor if the municipal utility or retail electric cooperative provides reasonable assurance that it will provide programs and set budgets reasonably designed to achieve the goal in the future.

AB649-ASA1,72,15 5. Any other remedy specified by the commission.

AB649-ASA1, s. 158 Section 158. 196.374 (9) and (10) of the statutes are created to read:

AB649-ASA1,72,23 196.374 (9) Treatment of certain capital investments. (a) The commission may allow an energy utility to earn a return on capital invested by the energy utility under a utility-administered or supplemental utility program for energy conservation or efficiency equipment that is located on customer premises, including equipment owned by either the energy utility or a customer. The commission may make such an allowance only if the commission determines that the investment is prudent and a cost-effective means of advancing energy conservation or efficiency.

AB649-ASA1,73,3 (b) The commission shall promulgate rules to implement this subsection, including rules specifying the energy conservation or efficiency equipment that qualifies for treatment under par. (a).

AB649-ASA1,73,10 (10) Coordination with federal law. The commission shall minimize reporting and other compliance requirements on energy providers to the maximum extent allowed under this section for the purpose of coordination with any similar requirements under federal law. If the commission determines that statutory changes to this section are necessary to comply with this subsection, the commission shall submit a report recommending the statutory changes to the legislature in the manner described under s. 13.172 (3).

AB649-ASA1, s. 159 Section 159. 196.377 (title) of the statutes is repealed.