SB459: Bill Text

SB459, s. 106 Section 106. 196.378 (2) (c) of the statutes is amended to read:

SB459,36,24 196.378 (2) (c) No later than April 15 annually, or another annual date specified by the commission by rule, an electric provider shall submit a report to the department commission that identifies the electric provider's renewable energy percentage for the previous year and describes the electric provider's compliance with par. (a) and the electric provider's implementation plans for future compliance. Reports under this paragraph may include certifications from wholesale suppliers regarding the sources and amounts of energy supplied to an electric provider. The department commission may specify the documentation that is required to be included with reports submitted under this paragraph. The commission may require that electric providers submit the reports in a proceeding, initiated by the commission under this section relating to the implementation of s. 1.12, or in a proceeding for preparing a strategic energy assessment under s. 196.491 (2). No later than 90 days after the commission's receipt of an electric provider's report, the commission shall inform the electric provider whether the electric provider is in compliance with par. (a).

SB459, s. 107 Section 107. 196.378 (2) (e) of the statutes is repealed and recreated to read:

SB459,37,4 196.378 (2) (e) An electric provider may request that the commission grant a delay for complying with a deadline specified in par. (a) if, after notice and opportunity to be heard, the electric provider demonstrates good faith efforts to comply with the deadline and the electric provider demonstrates any of the following:

SB459,37,7 1. Notwithstanding reasonable efforts to protect against undesirable impacts on the reliability of an electric provider's system, compliance with the deadline will have an undesirable impact on the reliability of the electric provider's system.

SB459,37,11 2. Notwithstanding reasonable efforts to protect against excessive increases in rates of the electric provider's ratepayers, compliance with the deadline will result in excessive increases in rates of the electric provider's ratepayers, including increases that are due to discontinuation of federal renewable energy tax credits.

SB459,37,14 3. Notwithstanding reasonable efforts to obtain required approvals, the electric provider or a supplier has experienced or will experience delays in receiving required siting or permitting approvals for renewable energy projects.

SB459,37,18 4. Notwithstanding reasonable efforts to secure transmission service, the electric provider faces transmission constraints that interfere with the economic and reliable delivery of electricity derived from renewable resources to the electric provider's system.

SB459, s. 108 Section 108. 196.378 (3) (a) of the statutes is renumbered 196.378 (3) (a) 1. and amended to read:

SB459,38,11 196.378 (3) (a) 1. An Subject to subd. 2., an electric provider that provides total renewable energy to its retail electric customers or members in excess of the percentages specified in sub. (2) (a) 1. to 6. may, in the applicable year, create a renewable resource credit and sell to any other electric provider a the renewable resource credit or a portion of a the renewable resource credit at any negotiated price. Alternatively, an An electric provider that creates or purchases a renewable resource credit or portion may use a renewable resource the credit or portion of a renewable resource credit in a subsequent year, as provided under par. (c), to establish compliance with sub. (2) (a). The commission shall promulgate rules that establish requirements for the creation and use of a renewable resource credit, including calculating the amount of a renewable resource credit. The commission shall also promulgate rules that allow a wholesale customer of an electric provider to use an allocated portion of a credit, which is created or purchased by the electric provider, to establish compliance with sub. (2) (a), but only if the cost of renewable resources is included in wholesale rates paid by the wholesale customer. The rules shall specify the manner for making such an allocation.

SB459, s. 109 Section 109. 196.378 (3) (a) 2. of the statutes is created to read:

SB459,38,18 196.378 (3) (a) 2. The commission shall promulgate rules for calculating the amount of a renewable resource credit that is created from a renewable facility placed into service before January 1, 2004. The rules shall provide that the amount of a renewable resource credit created from such a renewable facility after January 1, 2004, is limited to the incremental increase in output from the renewable facility that is due to capacity improvements made after January 1, 2004.

SB459, s. 110 Section 110. 196.378 (3) (b) of the statutes is amended to read:

SB459,38,21 196.378 (3) (b) The commission may promulgate rules that establish requirements and procedures for a sale under par. (a) 1.

SB459, s. 111 Section 111. 196.378 (3) (c) of the statutes is created to read:

SB459,39,4 196.378 (3) (c) A renewable resource credit created under s. 196.378 (3) (a), 2003 stats., may not be used after December 31, 2011. A renewable resource credit created under par. (a) 1. or 2., as affected by 2005 Wisconsin Act .... (this act), may not be used after the 4th year after the year in which the credit is created, except the commission may promulgate rules specifying a different period of time if the commission determines that such period is necessary for consistency with any regional renewable resource credit trading program that applies in this state.

SB459, s. 112 Section 112. 196.378 (4m) of the statutes is created to read:

SB459,39,12 196.378 (4m) State energy policy. The commission's actions under this section are considered to satisfy the requirements of s. 1.12 (3) (b) and (4) (b) and (c), and the requirements of s. 1.12 (5) that relate to the generation of electric power from renewable energy resources. An electric provider's application under s. 196.49 or 196.491 (3) is not subject to the requirements of s. 196.025 (1) relating to the generation of electric power from renewable energy resources if the electric provider is in compliance with sub. (2) (a) or is granted a delay under sub. (2) (e).

SB459, s. 113 Section 113. 196.86 of the statutes is repealed.

SB459, s. 114 Section 114. 285.48 (1) (c) of the statutes is amended to read:

SB459,39,18 285.48 (1) (c) "Midcontinent area" has the meaning given in s. 16.958 (1) (e) means the geographic area served by the Mid-Continent Area Power Pool reliability council of the North American Electric Reliability Council, as such councils existed in 1999.

SB459, s. 115 Section 115. 285.48 (2) of the statutes is amended to read:

SB459,40,3 285.48 (2) Applicability. This section applies if the department of natural resources, pursuant to a call, issues a state implementation plan that requires electric generating facilities in the midcontinent area of this state to comply with nitrogen oxide emission reduction requirements. If the department of natural resources issues such a plan, the department of natural resources shall notify the department of administration and the public service commission. The notice shall specify the date on which electric generating facilities in the midcontinent area of this state are required to comply with the initial nitrogen oxide emission reduction requirements.

SB459, s. 116 Section 116. 285.48 (3) (d) 3. of the statutes is repealed.

SB459, s. 117 Section 117. 285.48 (3) (d) 4. of the statutes is repealed.

SB459, s. 118 Section 118. 285.48 (4) (a) of the statutes is amended to read:

SB459,40,11 285.48 (4) (a) The use of renewable energy, including renewable energy that is provided by electric providers for the purpose of complying with the requirements of s. 196.378 (2) (a), or renewable energy that is used under programs specified in s. 196.374 (2) (d) that are funded by expenditures under s. 196.374 (3) established under s. 16.957 (2) (b).

SB459, s. 119 Section 119. 285.48 (4) (b) of the statutes is amended to read:

SB459,40,18 285.48 (4) (b) The implementation of low-income weatherization and energy conservation measures, including programs established under s. 16.957 (2) (a) or (b) or programs specified in s. 196.374 (2) (a) or (b) that are funded by expenditures under s. 196.374 (3) administered by electric utilities under s. 196.374 (3m) (d) or (e) or by utilities, as defined in s. 196.374 (1) (c), 2003 stats., under s. 196.374 (3), 2003 stats.

SB459, s. 120 Section 120 . Nonstatutory provisions.

SB459,41,7 (1) Review of Energy Conservation Code. Notwithstanding section 101.027 (3) (a) and (b) of the statutes, the department of commerce shall begin a review of the energy conservation code, as defined in section 101.027 (1) (a) of the statutes, on the effective date of this subsection and shall complete that review and submit proposed rules changing the energy conservation code as provided in section 101.027 (2) of the statutes to the legislative council staff under section 227.15 (1) of the statutes by no later than the first day of the 18th month beginning after the effective date of this subsection. Notwithstanding section 101.027 (2) of the statutes, in conducting the review under this subsection, the department of commerce, to the extent practicable, shall consider incorporating into the energy conservation code design requirements from the most current national energy efficiency design standards for new buildings, except low-rise residential buildings, published by the American society of heating, refrigerating, and air-conditioning engineers.

SB459,41,13 (2) Anaerobic digestor research. The department of agriculture, trade and consumer protection shall include, as part of its 2007-09 biennial budget request that it submits to the department of administration under section 16.42 of the statutes, a proposal to provide additional funding for the research and development of anaerobic digestors at farms participating in the discovery farms program under the Wisconsin agricultural stewardship initiative.

SB459, s. 121 Section 121. Initial applicability.

SB459,41,17 (1) Energy efficiency standards. The treatment of sections 16.855 (10s) and 20.924 (1) (j) of the statutes first applies with respect to projects for which design work begins on the effective date of this subsection.

SB459, s. 122 Section 122. Effective dates. This act takes effect on the day after publication, except as follows:

SB459,41,22 (1) Energy efficiency standards for equipment installed in state building projects. The treatment of sections 16.855 (10s) and 20.924 (1) (j) of the statutes and Section 120 (1) of this act takes effect on January 1, 2007.

SB459,41,23 (End)