SB517, s. 3 9Section 3. 15.792 of the statutes is created to read:
SB517,4,11 1015.792 Same; attached board. Public benefits and energy assistance
11board.
(1) (a) In this subsection:
SB517,4,1212 1. "Electric utility" has the meaning given in s. 196.96 (1) (f).
SB517,4,1313 2. "Low-income household" has the meaning given in s. 196.96 (1) (L).
SB517,4,1414 3. "Municipal utility" has the meaning given in s. 196.96 (1) (p).
SB517,5,1
14. "Renewable resource" has the meaning given in s. 196.378 (1) (g).
SB517,5,22 5. "Retail cooperative" has the meaning given in s. 196.96 (1) (r).
SB517,5,33 6. "Small business" has the meaning given in s. 16.75 (4) (c).
SB517,5,54 7. "Small business representative" means a director, manager, member, officer,
5owner or partner of a small business.
SB517,5,86 (b) There is created a public benefits and energy assistance board that is
7attached to the public service commission under s. 15.03. The board shall consist of
8the following members appointed for 3-year terms:
SB517,5,109 1. One member appointed by the governor who is a member of a low-income
10household or who represents a low-income household advocacy group.
SB517,5,1311 2. One member appointed by the president of the senate who is a residential
12electric utility customer or who represents a residential electric utility customer
13advocacy group.
SB517,5,1514 3. One member appointed by the governor who is a small business
15representative or who represents a small business advocacy group.
SB517,5,1716 4. One member appointed by the president of the senate who represents an
17environmental or renewable resource advocacy group.
SB517,5,2018 5. One member appointed by the president of the senate who represents of a
19municipal utility or retail cooperative or municipal utility or retail cooperative
20advocacy group.
SB517,5,2221 6. One member appointed by the speaker of the assembly who is a member of
22a low-income household or who represents a low-income household advocacy group.
SB517,5,2423 7. One member appointed by the speaker of the assembly who represents an
24environmental or renewable resource advocacy group.
SB517,6,2
18. One member appointed by the speaker of the assembly who represents an
2electric utility or electric utility advocacy group.
SB517,6,43 9. One member appointed by the chairperson of the public service commission
4to represent the public service commission.
SB517,6,65 10. One member appointed by the secretary of natural resources to represent
6the department of natural resources.
SB517,6,87 11. One member appointed by the administrator of the division of housing in
8the department of administration to represent the division of housing.
SB517,6,179 (c) 1. a. Notwithstanding par. (b) (intro.) and 5., if fewer than one-third of the
10municipal utilities and retail cooperatives doing business in this state notify the
11board under s. 196.96 (5) (b) 1. that they have elected not to contribute to any of the
12programs established under s. 196.96 (2) (a) or (b), the president of the senate shall
13appoint a representative of an electric utility or electric utility advocacy group to
14succeed the member appointed under par. (b) 5. and the member appointed under
15par. (b) 5. shall vacate his or her membership at the time that the member is
16appointed under this subd. 1. a. A member appointed under this subd. 1. a. shall
17serve on the board until a member is appointed under subd. 2.
SB517,6,2318 b. If one-third or more of the municipal utilities and retail cooperatives doing
19business in this state notify the board under s. 196.96 (5) (b) 1. that they have elected
20to contribute to any of the programs established under s. 196.96 (2) (a) or (b), the
21member appointed under par. (b) 5. shall serve for a term expiring on the first day
22of the 48th month beginning after the effective date of this subd. 1. b. .... [revisor
23inserts date].
SB517,7,424 2. a. If one-third or more of the municipal utilities and retail cooperatives doing
25business in this state notify the board under s. 196.96 (5) (b) 2. that they have elected

1to contribute to any of the programs established under s. 196.96 (2) (a) or (b), the
2president of the senate shall appoint one member to the board who is a
3representative of a municipal utility or retail cooperative or municipal utility or
4retail cooperative advocacy group for a 3-year term.
SB517,7,105 b. Notwithstanding par. (b) (intro.) or 5., if fewer than one-third of the
6municipal utilities and retail cooperatives doing business in this state notify the
7board under s. 196.96 (5) (b) 2. that they have elected not to contribute to any of the
8programs established under s. 196.96 (2) (a) or (b), the president of the senate shall
9appoint a member to the board who is a representative of an electric utility or electric
10utility advocacy group for a 3-year term.
SB517, s. 4 11Section 4. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
12the following amounts for the purposes indicated: - See PDF for table PDF
SB517, s. 5 13Section 5. 20.155 (1m) of the statutes is created to read:
SB517,7,1714 20.155 (1m) Public benefits and energy assistance board. (q) General
15program operations.
From the public benefits and energy assistance fund, a sum
16sufficient for general program operations of the public benefits and energy
17assistance board.
SB517,7,2018 (r) Grants. From the public benefits and energy assistance fund, a sum
19sufficient for low-income assistance grants under s. 196.96 (2) (a) and energy
20conservation and efficiency and renewable resource grants under s. 196.96 (2) (b).
SB517,8,3
1(s) Compensation of intervenors. From the public benefits and energy
2assistance fund, the amounts in the schedule for compensating persons who
3intervene in hearings under the rules promulgated under s. 196.96 (2) (e) 3.
SB517, s. 6 4Section 6. 25.17 (1) (kx) of the statutes is created to read:
SB517,8,55 25.17 (1) (kx) Public benefits and energy assistance fund (s. 25.96);
SB517, s. 7 6Section 7. 25.96 of the statutes is created to read:
SB517,8,10 725.96 Public benefits and energy assistance fund. There is established
8a separate nonlapsible trust fund designated as the public benefits and energy
9assistance fund, consisting of the access fees received under s. 196.96 (4) (a) and (5)
10(c) and (d) and contributions received under s. 196.96 (2) (f) and (g).
SB517, s. 8 11Section 8. 196.374 (1) of the statutes is amended to read:
SB517,8,1912 196.374 (1) In this section, "utility" means a class A gas or electric utility, as
13defined by the commission. Every utility shall spend annually at least 0.5% of its
14total annual operating revenues
the amount specified in s. 196.96 (4) (d) 1. on
15programs designed to promote and accomplish energy conservation. The commission
16may require a utility to spend annually
, for the purpose of promoting and
17accomplishing energy conservation, an amount which is more or less than 0.5% of its
18annual operating revenues if, after notice and hearing, the commission finds that the
19expenditure of such amount is in the public interest.
SB517, s. 9 20Section 9. 196.374 (4) of the statutes is created to read:
SB517,8,2121 196.374 (4) This section does not apply after June 30, 2002.
SB517, s. 10 22Section 10. 196.378 of the statutes is created to read:
SB517,8,23 23196.378 Renewable resources. (1) Definitions. In this section:
SB517,9,224 (a) "Biomass" means a resource that generates energy from wood or plant
25material or residue, biological waste, crops grown for use as a resource or landfill

1gases. "Biomass" does not include garbage, as defined in s. 289.01 (9), or industrial,
2commercial or household waste.
SB517,9,43 (b) "Capacity" means the amount of electricity that an electric or gas provider
4is capable of delivering to its customers or members at a specified time.
SB517,9,65 (c) "Conventional resource" means a resource that generates energy from coal,
6oil, nuclear power or natural gas, except for natural gas used in a fuel cell.
SB517,9,87 (d) "Electric or gas provider" means an electric or gas utility or retail
8cooperative.
SB517,9,109 (e) "Electric or gas utility" means a public utility that generates, transmits,
10delivers or furnishes electricity or gas.
SB517,9,1211 (f) "Municipal utility" means an electric or gas utility that is owned or operated
12wholly by a municipality.
SB517,9,1313 (g) "Renewable resource" means any of the following:
SB517,9,1414 1. A resource that generates energy from any of the following:
SB517,9,1515 a. A fuel cell that uses, as determined by the commission, a renewable fuel.
SB517,9,1616 b. Tidal action.
SB517,9,1717 c. Solar photovoltaic energy.
SB517,9,1818 d. Wind power.
SB517,9,1919 e. Geothermal technology.
SB517,9,2020 f. Hydroelectric power.
SB517,9,2121 g. Biomass.
SB517,9,2322 2. Any other resource, except a conventional resource, that the commission
23designates as a renewable resource in rules promulgated under sub. (4).
SB517,10,3
1(h) "Renewable resource credit" means a percentage by which an electric or gas
2provider's renewable resource percentage exceeds a percentage of the electric or gas
3provider's system peak load share specified in sub. (2) (a) 1. to 6.
SB517,10,54 (i) "Renewable resource percentage" means the percentage of an electric or gas
5provider's capacity that is generated from renewable resources.
SB517,10,66 (j) "Resource" means a source of electric power generation.
SB517,10,87 (k) "Retail cooperative" means a cooperative association organized under ch.
8185 for the purpose of providing electricity or gas at retail to its members only.
SB517,10,119 (L) "System peak load" means the maximum amount of electricity that was
10delivered to all customers or members of all electric or gas providers at any one time
11during the period from May 1, 1996, to September 15, 1996.
SB517,10,1512 (m) "System peak load share" means the amount of electricity that was
13delivered to all customers or members of an electric or gas provider by the electric
14or gas provider at the time that the system peak load was delivered to all customers
15or members of all electric or gas providers.
SB517,10,18 16(2) Renewable resource percentages. (a) The renewable resource percentage
17of an electric or gas provider, as calculated under par. (b), shall be at least the
18following percentages of the electric or gas provider's system peak load share:
SB517,10,1919 1. By December 31, 2000, 1%.
SB517,10,2020 2. By December 31, 2002, 1.5%.
SB517,10,2121 3. By December 31, 2004, 2%.
SB517,10,2222 4. By December 31, 2006, 2.5%.
SB517,10,2323 5. By December 31, 2008, 3%.
SB517,10,2424 6. By December 31, 2010, 4%.
SB517,11,2
1(b) In calculating an electric or gas provider's renewable resource percentage
2under par. (a), each of the following applies:
SB517,11,63 1. Any amount of capacity that is generated from hydroelectric power and that
4is more than 1% of the electric or gas provider's system peak load share may not be
5counted as part of the provider's capacity that is generated from renewable
6resources.
SB517,11,107 1g. An electric or gas provider may not count as part of the provider's capacity
8that is generated from renewable resources any capacity that the electric provider
9is required, as determined by the commission, to generate from renewable resources
10under the law of another state.
SB517,11,1311 1r. An electric or gas provider may count as part of the provider's capacity that
12is generated from renewable resources only that capacity which is installed and
13rated on the basis of periodic tests.
SB517,11,1614 2. The amount of any renewable resource credit purchased by the electric or gas
15provider under sub. (3) may be counted as part of the provider's capacity that is
16generated from renewable resources.
SB517,11,2017 3. For a municipal utility or retail cooperative, the amount of any capacity that
18the municipal utility or retail cooperative purchases at wholesale and that is
19generated from renewable resources may be counted as part of the provider's
20capacity that is generated from renewable resources.
SB517,12,2 21(3) Renewable resource credits. An electric or gas provider that has a
22renewable resource percentage that is more than the percentage of the electric or gas
23provider's system peak load share specified in sub. (2) (a) 1. to 6. for the applicable
24year may sell to any other electric or gas provider a renewable resource credit or a

1portion of a renewable resource credit. The commission may promulgate rules that
2establish requirements and procedures for a sale under this subsection.
SB517,12,5 3(4) Rules. The commission may promulgate rules that designate a resource,
4except for a conventional resource, as a renewable resource in addition to the
5resources specified in sub. (1) (g) 1.
SB517,12,10 6(5) Penalty. Any person who violates sub. (2) (a) shall forfeit no less than
7$10,000 nor more than $500,000. Forfeitures under this subsection shall be enforced
8by action on behalf of the state by the attorney general. A court imposing a forfeiture
9under this subsection shall consider all of the following in determining the amount
10of the forfeiture:
SB517,12,1211 (a) The appropriateness of the forfeiture to the volume of business of the electric
12or gas provider.
SB517,12,1313 (b) The gravity of the violation.
SB517, s. 11 14Section 11. 196.96 of the statutes is created to read:
SB517,12,16 15196.96 Public benefits and energy assistance. (1) Definitions. In this
16section:
SB517,12,1817 (a) "Board" means the public benefits and energy assistance board created in
18s. 15.792 (1) (b).
SB517,12,1919 (b) "Capacity" has the meaning given in s. 196.378 (1) (b).
SB517,12,2220 (c) "Community assistance program" means a program to provide assistance
21to, or to promote the welfare of, a community that includes the customers or members
22of a municipal utility or retail cooperative.
SB517,12,2523 (cm) "Commitment to community program" means a program for low-income
24assistance or a community assistance, energy conservation or load management
25program.
SB517,13,2
1(d) "Division of housing" means the division of housing in the department of
2administration.
SB517,13,43 (e) "Electric provider" means an electric utility, retail cooperative or wholesale
4cooperative.
SB517,13,65 (f) "Electric utility" means a public utility that generates, transmits, delivers
6or furnishes electricity.
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