AB649-ASA1, s. 206 25Section 206. 196.378 (2) (b) 1m. (intro.) of the statutes is amended to read:
AB649-ASA1,83,7
1196.378 (2) (b) 1m. (intro.) The Except as provided in subd. 1r., the amount of
2renewable resource credits associated with electricity derived from hydroelectric
3renewable resources that an electric provider may count toward satisfying the
4requirements of par. (a) 2.
include in its renewable energy percentage shall be those
5renewable resource credits associated with all electricity provided by hydroelectric
6power that the electric provider purchased in the reporting year plus renewable
7resource credits associated with
all of the following:
AB649-ASA1, s. 207 8Section 207. 196.378 (2) (b) 1m. a. of the statutes is amended to read:
AB649-ASA1,83,169 196.378 (2) (b) 1m. a. The For facilities owned or operated by the electric
10provider that were initially placed in service before January 1, 2004, the
average of
11the amounts of hydroelectric power generated by the facilities owned or operated by
12the electric provider
for 2001, 2002, and 2003, regardless of whether the electric
13provider owned or operated the facilities in those years,
adjusted to reflect the
14permanent removal from service of any of those facilities and adjusted to reflect any
15capacity increases from improvements made to those facilities on or after January
161, 2004.
AB649-ASA1, s. 208 17Section 208. 196.378 (2) (b) 1r. of the statutes is created to read:
AB649-ASA1,83,2118 196.378 (2) (b) 1r. a. Except as provided in subd. 1r. b. and c., an electric
19provider may not include in its renewable energy percentage any renewable resource
20credits associated with electricity derived from a hydroelectric facility that has a
21rated capacity of 60 megawatts or more.
AB649-ASA1,84,222 b. Except as provided in subd. 1r. c., an electric provider may include in its
23renewable energy percentage renewable resource credits associated with electricity
24generated after December 31, 2015, from a hydroelectric facility located outside this

1state that has a rated capacity of 60 megawatts or more and that is first placed in
2service on or after the effective date of this subd. 1r. b. .... [LRB inserts date].
AB649-ASA1,84,123 c. Renewable resource credits associated with electricity derived from a
4hydroelectric facility that is located in Manitoba, Canada, that has a rated capacity
5of 60 megawatts or more, and that is first placed in service on or after the effective
6date of this subd. 1r. c. .... [LRB inserts date], shall be included in a renewable energy
7percentage only if the province of Manitoba has informed the commission in writing
8that the interim licenses under which the Lake Winnipeg Regulation Project and the
9Churchill River Diversion Project were operating on the effective date of this subd.
101r. c. .... [LRB inserts date], have been replaced by final licenses after the completion
11of a Crown-Aboriginal consultation process as required under Canadian law and the
12final licenses are in effect under Canadian law.
AB649-ASA1,84,2213 d. The province of Manitoba shall file with the commission all final approvals,
14licenses, and permits required under subd. 1r. c.; a written report setting forth the
15processes followed to obtain such final licenses; a report summarizing the
16consultation processes with impacted First Nations and its compliance with
17Canadian law; and all agreements with impacted First Nations related to the Lake
18Winnipeg Regulation Project and the Churchill River Diversion Project. Such filings
19shall be subject to public comment. Within 90 days of receiving the filings required
20under this subd. 1r. d., the commission shall prepare and deliver a report to the
21legislature, in the manner described under s. 13.172 (2), summarizing such filings
22and the comments received on them.
AB649-ASA1, s. 209 23Section 209. 196.378 (2) (b) 2. of the statutes is repealed.
AB649-ASA1, s. 210 24Section 210. 196.378 (2) (b) 2m. of the statutes is created to read:
AB649-ASA1,85,3
1196.378 (2) (b) 2m. A wholesale supplier may demonstrate compliance with the
2renewable portfolio standard on behalf of a member or customer, or on behalf of its
3members or customers in the aggregate.
AB649-ASA1, s. 211 4Section 211. 196.378 (2) (b) 4. and 5. of the statutes are repealed.
AB649-ASA1, s. 212 5Section 212. 196.378 (2) (c) of the statutes is renumbered 196.378 (2) (c) 1. and
6amended to read:
AB649-ASA1,85,227 196.378 (2) (c) 1. No later than April 15 annually, or another annual date
8specified by the commission by rule, an electric provider shall submit a report to the
9commission that identifies the electric provider's renewable energy percentage for
10the previous year and, beginning with the report submitted in 2021, the electric
11provider's in-state percentage for the previous year,
and describes the electric
12provider's compliance with par. (a) 2. the renewable portfolio standard and the
13electric provider's implementation plans for future compliance. Reports under this
14paragraph may include certifications from renewable energy suppliers regarding the
15sources and amounts of renewable energy supplied to the electric provider.
The
16commission may specify the documentation that is required to be included with
17reports submitted under this paragraph. The commission may require that electric
18providers submit the reports in a proceeding, initiated by the commission under this
19section relating to the implementation of s. 1.12, or in a proceeding for preparing a
20strategic energy assessment under s. 196.491 (2). A wholesale supplier may submit
21a report under this subdivision on behalf of a member or customer or on behalf of its
22members or customers in the aggregate.
AB649-ASA1,86,2 232. No later than 90 days after the commission's receipt of an electric provider's
24a report submitted by or on behalf of an electric provider under subd. 1., the

1commission shall inform the electric provider whether the electric provider is in
2compliance with par. (a) 2. the renewable portfolio standard.
AB649-ASA1, s. 213 3Section 213. 196.378 (2) (d) (intro.) of the statutes is amended to read:
AB649-ASA1,86,94 196.378 (2) (d) (intro.) The commission shall allow an electric utility to recover
5from ratepayers the cost of providing total renewable energy to its retail customers
6in amounts that equal or exceed the percentages specified in par. (a)
complying with
7or exceeding the renewable portfolio standard
. Subject to any approval of the
8commission that is necessary, an electric utility may recover costs under this
9paragraph by any of the following methods:
AB649-ASA1, s. 214 10Section 214. 196.378 (2) (e) (intro.) of the statutes is amended to read:
AB649-ASA1,86,1911 196.378 (2) (e) (intro.) An electric provider, or a wholesale supplier for its
12members,
may request that the commission grant a delay for complying with a
13deadline specified in par. (a) 2. the renewable portfolio standard or a waiver from
14complying with an in-state percentage deadline specified in the renewable portfolio
15standard.
The commission shall hold a hearing on the request and, if requested by
16the electric provider or wholesale supplier, treat the matter as a contested case. The
17commission shall grant a delay or waiver if the commission determines that the
18applicant has demonstrated good faith efforts to comply with the deadline and that
19any of the following applies:
AB649-ASA1, s. 215 20Section 215. 196.378 (2) (f) of the statutes is amended to read:
AB649-ASA1,87,721 196.378 (2) (f) A wholesale electric cooperative for its members or a municipal
22electric company
supplier for its members or customers may delay compliance with
23a deadline specified in par. (a) 2. the renewable portfolio standard or waive
24compliance with an in-state percentage deadline specified in the renewable portfolio
25standard
for any reason specified in par. (e) 1. to 4. A wholesale electric cooperative

1or a municipal electric company
supplier that delays or waives compliance with a
2deadline specified in par. (a) 2.
under this paragraph shall inform the commission of
3the delay or waiver and the reason for the delay or waiver, and shall submit
4information to the commission demonstrating that, notwithstanding good faith
5efforts by the wholesale electric cooperative or municipal electric company supplier
6and its members or customers, the members or customers cannot meet the deadline
7for the stated reason.
AB649-ASA1, s. 216 8Section 216. 196.378 (2) (g) 2. of the statutes is amended to read:
AB649-ASA1,87,179 196.378 (2) (g) 2. An energy consumer advocacy group may request that the
10commission grant to an electric provider that serves one or more members of the
11group a delay for complying with a deadline specified in par. (a) 2. the renewable
12portfolio standard or a waiver from complying with an in-state percentage deadline
13specified in the renewable portfolio standard.
The commission shall hold a hearing
14on the request and, if requested by the energy consumer advocacy group, treat the
15matter as a contested case. The commission shall grant a delay or waiver if the
16commission determines that the utility has demonstrated good faith efforts to
17comply with the deadline and that any of the conditions in par. (e) 1. to 4. apply.
AB649-ASA1, s. 217 18Section 217. 196.378 (2) (h) of the statutes is created to read:
AB649-ASA1,87,2219 196.378 (2) (h) For purposes of a delay or waiver under pars. (e), (f), and (g),
20a renewable energy percentage deadline for a year and an in-state percentage
21deadline for the same year are separate deadlines for which separate delays or
22waivers must be granted or authorized under par. (e), (f), or (g).
AB649-ASA1, s. 218 23Section 218. 196.378 (3) of the statutes is repealed and recreated to read:
AB649-ASA1,88,324 196.378 (3) Portfolio credits. (a) Renewable resource credits. 1. Whenever
25a person generates renewable energy, the person creates renewable resource credits

1in an amount equal to one credit for each megawatt hour of renewable energy
2generated. Except as provided in subd. 2., a person that generates renewable energy
3may do any of the following:
AB649-ASA1,88,74 a. Sell the renewable energy and the associated renewable resource credits to
5any other person. For renewable energy that is sold at wholesale in this state, the
6sale is considered to include the associated renewable resource credits unless an
7agreement between the parties specifies otherwise.
AB649-ASA1,88,118 b. Separate the renewable resource credits from the renewable energy and sell,
9trade, transfer, assign, bank for future use, or permanently retire the credits or, if the
10person is an electric provider, elect to include the credits in the electric provider's
11renewable energy percentage.
AB649-ASA1,88,1412 2. Renewable resource credits associated with hydroelectric power specified in
13sub. (2) (b) 1m. a. may not be sold, traded, transferred, assigned, or banked for future
14use.
AB649-ASA1,88,1715 3. A person that purchases renewable energy from which the associated
16renewable resource credits have not been separated may take any of the actions
17described in subd. 1. a. and b.
AB649-ASA1,88,2018 4. a. An electric provider may not use renewable resource credits created by the
19generation of renewable energy outside this state to comply with an in-state
20percentage requirement of the renewable portfolio standard.
AB649-ASA1,89,221 b. An electric provider may include renewable resource credits created by the
22generation of renewable energy in the electric provider's renewable energy
23percentage if the credits are documented in a regional credit tracking system
24designated by the commission in rules promulgated under par. (c) 4. and the credits

1satisfy the requirements of this subsection and the rules promulgated under par. (c)
24.
AB649-ASA1,89,63 c. An electric provider may not include a renewable resource credit in the
4electric provider's renewable energy percentage if the renewable resource credit or
5renewable energy from which the credit has been separated has been used to comply
6with the renewable energy requirements of another state.
AB649-ASA1,89,107 5. The commission shall promulgate rules that allow an electric provider to
8include in the electric provider's renewable energy percentage renewable energy
9generated or purchased by the electric provider from which renewable resource
10credits have not been separated.
AB649-ASA1,89,1911 (b) Nonelectric energy credits. The commission shall promulgate rules allowing
12any person to create nonelectric energy credits in an amount equal to one credit for
13each megawatt hour equivalent of nonelectric energy produced or generated by the
14person in this state. The rules shall include requirements and procedures for
15determining the megawatt hour equivalent of nonelectric energy, measuring and
16verifying nonelectric energy, and demonstrating that nonelectric energy has
17displaced fossil fuel use in this state. In determining the megawatt hour equivalent
18of nonelectric energy, the rules shall reduce the megawatt hour equivalent to account
19for the energy consumed in producing or generating the nonelectric energy.
AB649-ASA1,89,2120 (c) In general. 1. A person that creates a portfolio credit may assign ownership
21of the credit to another person by contract.
AB649-ASA1,89,2522 2. A person that purchases portfolio credits may sell, trade, transfer, assign,
23bank for future use, or permanently retire the credits, or, if the person is an electric
24provider, elect to include the credits in the electric provider's renewable energy
25percentage.
AB649-ASA1,90,3
13. A portfolio credit remains eligible to be included in a renewable energy
2percentage until an electric provider uses the credit in the electric provider's
3renewable energy percentage or the owner of the credit retires the credit.
AB649-ASA1,90,124 4. The commission shall promulgate rules that establish requirements and
5procedures for creating, selling, trading, transferring, assigning, banking, and
6retiring portfolio credits, for an electric provider's inclusion of portfolio credits in the
7electric provider's renewable energy percentage, and for tracking portfolio credits
8under a regional credit tracking system designated by the commission. The
9commission may designate a regional credit tracking system other than the Midwest
10Renewable Energy Tracking System only if the commission determines that the
11other system has eligibility and verification requirements that are comparable to the
12Midwest Renewable Energy Tracking System.
AB649-ASA1, s. 219 13Section 219. 196.378 (3m) of the statutes is created to read:
AB649-ASA1,90,1414 196.378 (3m) Conservation certificates. (a) In this subsection:
AB649-ASA1,90,1615 1. "Commitment to community program" has the meaning given in s. 196.374
16(1) (b).
AB649-ASA1,90,2017 2. "Eligible facility" means a facility of an agricultural, commercial, industrial,
18governmental, or institutional customer or member of an electric provider that is a
19large customer or member. The commission shall promulgate rules defining "large
20customer or member" for purposes of this subdivision.
AB649-ASA1,90,2121 3. "Supplemental utility program" has the meaning given in s. 196.374 (1) (mh).
AB649-ASA1,90,2322 4. "Utility-administered program" has the meaning given in s. 196.374 (1)
23(mu).
AB649-ASA1,91,424 (b) The commission shall promulgate rules allowing for the creation of
25conservation certificates in an amount equal to one certificate for each megawatt

1hour of electric energy conserved under a project at an eligible facility if all of the
2requirements of par. (c) are satisfied. The rules shall include requirements and
3procedures for calculating the megawatt hours of electric energy that is conserved
4under a project and for determining that the requirements of par. (c) are satisfied.
AB649-ASA1,91,75 (bm) 1. A person who creates a conservation certificate under the rules
6promulgated under par. (b) may assign ownership of the certificate to another person
7by contract.
AB649-ASA1,91,118 2. A person that purchases a conservation certificate may sell, trade, transfer,
9assign, bank for future use, or permanently retire the certificate, or, if the person is
10an electric provider, elect to include the certificate in the electric provider's
11renewable energy percentage as specified in sub. (2) (b) 1g.
AB649-ASA1,91,1412 3. A conservation certificate is eligible to be included in a renewable energy
13percentage until an electric provider uses the certificate in the electric provider's
14renewable energy percentage or the owner of the certificate retires the certificate.
AB649-ASA1,91,1615 (c) A conservation certificate based on a project at an eligible facility may be
16created only if all of the following are satisfied:
AB649-ASA1,91,1817 1. The project is installed under a utility-administered program, a
18supplemental utility program, or a commitment to community program.
AB649-ASA1,91,2019 2. The project is implemented or placed into service on or after the effective date
20of this subdivision .... [LRB inserts date].
AB649-ASA1,92,521 3. If the project is installed under a utility-administered program or
22supplemental utility program, the person installing the project complies with labor
23standards for the work force involved in the project specified by rule by the
24commission. The rules shall specify minimum wages that must be paid to a specified
25percentage of the work force, minimum health care benefits that the must be

1provided to the work force, and apprenticeship and training requirements for the
2work force. The rules shall also allow the commission to waive application of any
3requirement under the rules under conditions specified in the rules. To the extent
4practicable, the rules shall minimize the regulatory burden of complying with the
5rules.
AB649-ASA1, s. 220 6Section 220. 196.378 (4) of the statutes, as affected by 2009 Wisconsin Act 40,
7is repealed.
AB649-ASA1, s. 221 8Section 221. 196.378 (4m) (a) of the statutes is amended to read:
AB649-ASA1,92,169 196.378 (4m) (a) The commission may not impose on an electric provider any
10requirement that increases the electric provider's renewable energy percentage or
11in-state percentage
beyond that required under sub. (2) (a) 2. the renewable portfolio
12standard.
If an electric provider is in compliance with the requirements of sub. (2)
13(a) 2.
renewable portfolio standard, the commission may not require the electric
14provider to undertake, administer, or fund any other renewable energy program.
15This paragraph does not limit the authority of the commission to enforce an electric
16provider's obligations under s. 196.374.
AB649-ASA1, s. 222 17Section 222. 196.378 (4m) (b) of the statutes is amended to read:
AB649-ASA1,92,2218 196.378 (4m) (b) An electric utility may, with commission approval, administer
19or fund a program that increases the electric utility's renewable energy percentage
20or in-state percentage beyond that required under sub. (2) (a) 2. the renewable
21portfolio standard.
The commission may not order an electric utility to administer
22or fund a program under this paragraph.
AB649-ASA1, s. 223 23Section 223. 196.378 (5) (intro.) of the statutes is amended to read:
AB649-ASA1,93,624 196.378 (5) Penalty. (intro.) Any person who violates sub. (2) or any renewable
25energy supplier who
provides an electric provider with a false or misleading

1certification information regarding the sources or amounts of renewable energy
2supplied at wholesale to the electric provider shall forfeit not less than $5,000 nor
3more than $500,000. Forfeitures under this subsection shall be enforced by action
4on behalf of the state by the attorney general. A court imposing a forfeiture under
5this subsection shall consider all of the following in determining the amount of the
6forfeiture:
AB649-ASA1, s. 224 7Section 224. 196.378 (5) (a) of the statutes is amended to read:
AB649-ASA1,93,98 196.378 (5) (a) The appropriateness of the forfeiture to the person's or
9wholesale supplier's
volume of business.
AB649-ASA1, s. 225 10Section 225. 196.378 (6) of the statutes is created to read:
AB649-ASA1,93,1711 196.378 (6) Coordination with federal law. The commission shall minimize
12reporting and other compliance requirements on electric providers to the maximum
13extent allowed under this section for the purpose of coordination with any similar
14requirements under federal law. If the commission determines that statutory
15changes to this section are necessary to comply with this subsection, the commission
16shall submit a report recommending the statutory changes to the legislature in the
17manner described under s. 13.172 (3).
AB649-ASA1, s. 226 18Section 226. 196.49 (1) of the statutes is renumbered 196.49 (1r).
AB649-ASA1, s. 227 19Section 227. 196.49 (1g) of the statutes is created to read:
AB649-ASA1,93,2020 196.49 (1g) In this section:
AB649-ASA1,93,2421 (a) "Nuclear power plant" means a nuclear power plant, as defined in s. 196.491
22(1) (j), for which the commission has issued a certificate of public convenience and
23necessity under s. 196.491 (3) on or after the date specified in the notice published
24under s. 196.493 (3) (b).
AB649-ASA1,94,2
1(b) "Nuclear power plant owner or operator" means a person, other than a
2public utility, that owns or operates a nuclear power plant.
AB649-ASA1, s. 228 3Section 228. 196.49 (2) of the statutes is amended to read:
AB649-ASA1,94,224 196.49 (2) No public utility may begin the construction, installation, or
5operation of any new plant, equipment, property, or facility, nor the construction or
6installation of any extension, improvement, or addition to its existing plant,
7equipment, property, apparatus, or facilities, and no nuclear power plant owner or
8operator may begin the construction or installation of any extension, improvement,
9or addition to a nuclear power plant or equipment, property, apparatus, or facilities
10for a nuclear power plant,
unless the public utility or nuclear power plant owner or
11operator
has complied with any applicable rule or order of the commission. If a
12cooperative association has been incorporated under ch. 185 for the production,
13transmission, delivery or furnishing of light or power and has filed with the
14commission a map of the territory to be served by the association and a statement
15showing that a majority of the prospective consumers in the area are included in the
16project, no public utility may begin any such construction, installation or operation
17within the territory until after the expiration of 6 months from the date of filing the
18map and notice. If the cooperative association has entered into a loan agreement
19with any federal agency for the financing of its proposed system and has given
20written notice of the agreement to the commission, no public utility may begin any
21construction, installation or operation within the territory until 12 months after the
22date of the loan agreement.
AB649-ASA1, s. 229 23Section 229. 196.49 (3) (a) of the statutes is amended to read:
AB649-ASA1,95,924 196.49 (3) (a) In this subsection, "project" means construction of any new plant,
25equipment, property, or facility, or extension, improvement, or addition to its existing

1plant, equipment, property, apparatus, or facilities, and "project" includes
2construction by a nuclear power plant owner or operator of any extension,
3improvement, or addition to a nuclear power plant or to equipment, property,
4apparatus, or facilities for a nuclear power plant
. The commission may require by
5rule or special order that a public utility or nuclear power plant owner or operator
6submit, periodically or at such times as the commission specifies and in such detail
7as the commission requires, plans, specifications, and estimated costs of any
8proposed project which the commission finds will materially affect the public
9interest.
AB649-ASA1, s. 230 10Section 230. 196.49 (3) (cm) of the statutes is created to read:
AB649-ASA1,95,1511 196.49 (3) (cm) The commission may attach to the issuance of a certificate
12under this section for a project by a nuclear power plant owner or operator such terms
13and conditions that the commission determines are in the public interest. Any term
14or condition so attached shall apply to any successor in interest of the nuclear power
15plant owner or operator to whom a certificate is issued.
AB649-ASA1, s. 231 16Section 231. 196.49 (4) of the statutes is amended to read:
AB649-ASA1,95,2017 196.49 (4) The commission may not issue a certificate under sub. (1) (1r), (2),
18or (3) for the construction of electric generating equipment and associated facilities
19unless the commission determines that brownfields, as defined in s. 560.13 (1) (a),
20are used to the extent practicable.
AB649-ASA1, s. 232 21Section 232. 196.49 (5m) of the statutes is created to read:
AB649-ASA1,96,922 196.49 (5m) The commission shall take final action on an application for a
23certificate under this section for a proposed renewable facility, as defined in s.
24196.378 (1r) (g), within 270 days after issuing a notice to open a docket on the
25application. If the commission fails to take final action within the 270-day period,

1the commission is considered to have issued a certificate with respect to the
2application, unless the commission, within the 270-day period, extends the 270-day
3period. If the commission is required to prepare an environmental impact statement
4for the proposed facility, the commission may extend the 270-day period for no more
5than an additional 90 days, except that, if another state is required to approve the
6proposed facility, the commission may extend the 270-day period for no more than
7an additional 90 days after the other state takes final action on the proposal. If the
8commission fails to take final action within the extended period, the commission is
9considered to have issued a certificate with respect to the application.
AB649-ASA1, s. 233 10Section 233. 196.49 (6) of the statutes is amended to read:
AB649-ASA1,96,1911 196.49 (6) If the commission finds that any public utility or nuclear power plant
12owner or operator
has taken or is about to take an action which violates or disregards
13a rule or special order under this section, the commission, in its own name either
14before or after investigation or public hearing and either before or after issuing any
15additional orders or directions it deems proper, may bring an action in the circuit
16court of Dane County to enjoin the action. If necessary to preserve the existing state
17of affairs, the court may issue a temporary injunction pending a hearing upon the
18merits. An appeal from an order or judgment of the circuit court may be taken to the
19court of appeals.
AB649-ASA1, s. 234 20Section 234. 196.491 (1) (g) of the statutes is renumbered 196.491 (1) (g)
21(intro.) and amended to read:
AB649-ASA1,96,2322 196.491 (1) (g) (intro.) "Large electric generating facility" means electric any
23of the following:
AB649-ASA1,96,25 241. Electric generating equipment and associated facilities designed for nominal
25operation at a capacity of 100 megawatts or more.
AB649-ASA1, s. 235
1Section 235. 196.491 (1) (g) 2. of the statutes is created to read:
AB649-ASA1,97,32 196.491 (1) (g) 2. A nuclear power plant. This subdivision takes effect on the
3date specified in the notice published under s. 196.493 (3) (b).
AB649-ASA1, s. 236 4Section 236. 196.491 (1) (i) of the statutes is created to read:
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