SB459: Bill Text

SB459,23,3 16.957 (5) (e) 2. Include an amount equal to the product of the municipal utility's or retail electric cooperative's wholesale supply percentage and the amount that the wholesale supplier has spent on energy conservation programs efficiency or customer applications of renewable resources resource programs in a fiscal year in calculating the amount that the municipal utility or retail electric cooperative has spent on energy conservation efficiency programs under par. (d) 1. b. or 3. b.

SB459, s. 57 Section 57. 16.958 of the statutes is repealed.

SB459, s. 58 Section 58. 20.505 (3) (rr) of the statutes is repealed.

SB459, s. 59 Section 59. 20.505 (3) (s) of the statutes is repealed.

SB459, s. 60 Section 60. 20.924 (1) (j) of the statutes is created to read:

SB459,23,14 20.924 (1) (j) Shall not enter into any lease or other contract that provides for the construction of any building, structure, or facility, or portion thereof, for initial occupancy by the state and that contains an option for the state to purchase the building, structure, or facility unless the seller or lessor agrees that all equipment to be installed as a component of the building, structure, or facility that relates to any function that consumes energy meets applicable requirements for state building projects under s. 16.855 (10s) (a).

SB459, s. 61 Section 61. 25.17 (1) (ai) of the statutes is repealed.

SB459, s. 62 Section 62. 25.96 of the statutes is amended to read:

SB459,23,21 25.96 Utility public benefits fund. There is established a separate nonlapsible trust fund designated as the utility public benefits fund, consisting of deposits by the public service commission under s. 196.374 (3), public benefits fees received fiscal agent under s. ss. 16.957 (4) (a) (2) (c) 4. and (5) (c) and (d) 1. a. and contributions received under s. 16.957 (2) (c) 4 196.374 (3) and (3r).

SB459, s. 63 Section 63. 25.97 of the statutes is repealed.

SB459, s. 64 Section 64. 71.26 (1) (g) of the statutes is created to read:

SB459,23,25 71.26 (1) (g) Electric utilities. The amount that an electric utility, as defined in s. 16.957 (1) (g), collects from customers under s. 16.957 (4) (a).

SB459, s. 65 Section 65. 76.28 (1) (d) of the statutes is amended to read:

SB459,25,10 76.28 (1) (d) "Gross revenues" for a light, heat and power company other than a qualified wholesale electric company or a transmission company means total environmental control charges paid to the company under a financing order issued under s. 196.027 (2) and total operating revenues as reported to the public service commission except revenues for interdepartmental sales and for interdepartmental rents as reported to the public service commission and deductions from the sales and use tax under s. 77.61 (4), except that the company may subtract from revenues either the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company, that purchases under federal or state approved wholesale rates more than 50% of its electric power from a person other than an affiliated interest, as defined in s. 196.52 (1), if the revenue from that purchased electric power is included in the seller's gross revenues or the following percentages of the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company that purchases more than 90% of its power and that has less than $50,000,000 of gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a qualified wholesale electric company, "gross revenues" means total business revenues from those businesses included under par. (e) 1. to 4. For a transmission company, "gross revenues" means total operating revenues as reported to the public service commission, except revenues for transmission service that is provided to a public utility that is subject to the license fee under sub. (2) (d), to a public utility, as defined in s. 196.01 (5), or to a cooperative association organized under ch. 185 for the purpose of providing electricity to its members only. For an electric utility, as defined in s. 16.957 (1) (g), "gross revenues" does not include public benefits fees collected by the electric utility under s. 16.957 (4) (a) or (5) (a) . For a generator public utility, "gross revenues" does not include any grants awarded to the generator public utility under s. 16.958 (2) (b). For a wholesale supplier, as defined in s. 16.957 (1) (w), "gross revenues" does not include any public benefits fees that are received from a municipal utility or retail electric cooperative or under a joint program established under s. 16.957 (5) (f). For a municipal utility, "gross revenues" does not include public benefits fees received by the municipal utility from a municipal utility or retail electric cooperative under a joint program established under s. 16.957 (5) (f).

SB459, s. 66 Section 66. 76.48 (1g) (d) of the statutes is amended to read:

SB459,26,3 76.48 (1g) (d) "Gross revenues" means total operating revenues, except revenues for interdepartmental sales and for interdepartmental rents, less deductions from the sales and use tax under s. 77.61 (4) and, in respect to any electric cooperative that purchases more than 50% of the power it sells, less the actual cost of power purchased for resale by an electric cooperative, if the revenue from that purchased electric power is included in the seller's gross revenues or if the electric cooperative purchased more than 50% of the power it sold in the year prior to January 1, 1988, from a seller located outside this state. For an electric cooperative, "gross revenues" does not include grants awarded to the electric cooperative under s. 16.958 (2) (b). For a retail electric cooperative, "gross revenues" does not include public benefits fees collected by the retail electric cooperative under s. 16.957 (5) (a), public benefits fees received by the retail electric cooperative from a retail electric cooperative or municipal utility under a joint program established under s. 16.957 (5) (f). For a wholesale supplier, as defined in s. 16.957 (1) (w), "gross revenues" does not include any public benefits fees that are received from a municipal utility, as defined in s. 16.957 (1) (q), or retail electric cooperative or under a joint program established under s. 16.957 (5) (f).

SB459, s. 67 Section 67. 77.54 (44) of the statutes is amended to read:

SB459,26,6 77.54 (44) The gross receipts from the collection of amounts under s. 16.957 (4) (a) or public benefits fees that are charged under s. 16.957 (4) (a) or (5) (a).

SB459, s. 68 Section 68. 79.005 (4) (d) of the statutes is amended to read:

SB459,26,11 79.005 (4) (d) Replacing steam generating equipment at a combustion-based renewable facility, as defined in s. 196.378 (1) (g), that is located in this state, to increase efficiency or capacity, if the facility remains a combustion-based renewable facility, as defined in s. 196.378 (1) (g), after replacing the equipment.

SB459, s. 69 Section 69. 101.027 (1) (intro.) and (a) of the statutes are consolidated, renumbered 101.027 (1) (a) and amended to read:

SB459,26,17 101.027 (1) (a) In this section: (a) "Energy, "energy conservation code" means the energy conservation code promulgated by the department that sets design requirements for construction and equipment for the purpose of energy conservation in public buildings and places of employment.

SB459, s. 70 Section 70. 101.027 (1) (b) of the statutes is repealed.

SB459, s. 71 Section 71. 101.027 (2) of the statutes is amended to read:

SB459,27,10 101.027 (2) The department shall review the energy conservation code and shall promulgate rules that change the requirements of the energy conservation code to improve energy conservation. No rule may be promulgated that has not taken into account the cost of the energy conservation code requirement, as changed by the rule, in relationship to the benefits derived from that requirement, including the reasonably foreseeable economic and environmental benefits to the state from any reduction in the use of imported fossil fuel. The proposed rules changing the energy conservation code shall be submitted to the legislature in the manner provided under s. 227.19. In conducting a review under this subsection, the department shall consider incorporating, into the energy conservation code, design requirements from the most current national energy efficiency design standards, including standard 90.1 - 1989 the International Energy Conservation Code or an energy efficiency code other than standard 90.1 - 1989 the International Energy Conservation Code if that energy efficiency code is used to prescribe design requirements for the purpose of conserving energy in buildings and is generally accepted and used by engineers and the construction industry.

SB459, s. 72 Section 72. 101.027 (3) (a) 1. of the statutes is amended to read:

SB459,27,13 101.027 (3) (a) 1. A revision of standard 90.1 - 1989 the International Energy Conservation Code is published.

SB459, s. 73 Section 73. 101.027 (3) (a) 2. of the statutes is amended to read:

SB459,27,17 101.027 (3) (a) 2. Five Three years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code.

SB459, s. 74 Section 74. 101.027 (3) (b) 1. of the statutes is amended to read:

SB459,27,25 101.027 (3) (b) 1. If the department begins a review under sub. (2) because a revision of standard 90.1 - 1989 the International Energy Conservation Code is published, the department shall complete its review of the energy conservation code, as defined in sub. (1) (a), and submit to the legislature proposed rules changing the energy conservation code, as defined in sub. (1) (a), no later than 18 months after the date on which the revision of standard 90.1 - 1989 the International Energy Conservation Code is published.

SB459, s. 75 Section 75. 101.027 (3) (b) 2. of the statutes is amended to read:

SB459,28,7 101.027 (3) (b) 2. If the department begins a review under sub. (2) because 5 3 years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code, the department shall complete its review of the energy conservation code and submit to the legislature proposed rules changing the energy conservation code no later than 9 months after the last day of the 5-year 3-year period.

SB459, s. 76 Section 76. 196.374 (title) of the statutes is amended to read:

SB459,28,10 196.374 (title) Low-income assistance, energy efficiency and other Public benefits programs.

SB459, s. 77 Section 77. 196.374 (1) (title) of the statutes is created to read:

SB459,28,12 196.374 (1) (title) Definitions.

SB459, s. 78 Section 78. 196.374 (1) (a) of the statutes is renumbered 196.374 (1) (ag).

SB459, s. 79 Section 79. 196.374 (1) (an) of the statutes is created to read:

SB459,28,16 196.374 (1) (an) "Electric utility" has the meaning given in s. 16.957 (1) (g), but does not include a municipal utility, as defined in s. 16.957 (1) (q).

SB459, s. 80 Section 80. 196.374 (1) (ar) of the statutes is created to read:

SB459,28,19 196.374 (1) (ar) "Energy efficiency program" has the meaning given in s. 16.957 (1) (h).

SB459, s. 81 Section 81. 196.374 (1) (aw) of the statutes is created to read:

SB459,28,22 196.374 (1) (aw) "Fiscal agent" means the fiscal agent with which the commission contracts under sub. (3m) (a) 4.

SB459, s. 82 Section 82. 196.374 (1) (b) of the statutes is repealed.

SB459, s. 83 Section 83. 196.374 (1) (be) of the statutes is created to read:

SB459,29,2 196.374 (1) (be) "Low-income assistance program" has the meaning given in s. 16.957 (1) (L).

SB459, s. 84 Section 84. 196.374 (1) (bm) of the statutes is created to read:

SB459,29,5 196.374 (1) (bm) "Public benefits program" has the meaning given in s. 16.957 (1) (qg).

SB459, s. 85 Section 85. 196.374 (1) (bs) of the statutes is created to read:

SB459,29,8 196.374 (1) (bs) "Renewable resource program" has the meaning given in s. 16.957 (1) (rm).

SB459, s. 86 Section 86. 196.374 (1) (c) of the statutes is renumbered 196.374 (1) (ac) and amended to read:

SB459,29,14 196.374 (1) (ac) "Utility" " Class A utility" means a Class A gas or electric utility, as defined by the commission, but does not include a municipal utility, as defined in s. 16.957 (1) (q), a municipal electric company, as defined in s. 66.0825 (3) (d), or a cooperative association organized under ch. 185.

SB459, s. 87 Section 87. 196.374 (2) (title) of the statutes is created to read:

SB459,29,16 196.374 (2) (title) Class a utility spending.

SB459, s. 88 Section 88. 196.374 (2) (intro.) of the statutes is amended to read:

SB459,29,19 196.374 (2) (intro.) The commission shall determine the amount that each Class A utility spent in 1998 on programs for each of the following:

SB459, s. 89 Section 89. 196.374 (3) of the statutes is amended to read:

SB459,30,14 196.374 (3) Class a utility contributions. In 2000, 2001 and 2002, the commission shall require each utility to spend a decreasing portion of the amount determined under sub. (2) on programs specified in sub. (2) and contribute the remaining portion of the amount to the commission for deposit in the fund. In each year after 2002, each The commission shall require each Class A utility shall to contribute pay the entire amount determined under sub. (2) (a) to the commission fiscal agent for deposit in the fund for the purpose of funding low-income assistance programs that receive grants under s. 16.957 (2) (b).. The commission shall ensure in rate-making orders that a utility recovers from its ratepayers the amounts spent on programs or contributed to the fund under this subsection. The commission shall allow each utility the option of continuing to use, until January 1, 2002, the moneys that it has recovered under s. 196.374 (3), 1997 stats., to administer the programs that it has funded under s. 196.374 (1), 1997 stats. The commission shall require each Class A utility to pay the entire amount determined under sub. (2) (b), (c), and (d) to the fiscal agent for the purpose of funding energy efficiency and renewable resource programs that receive grants under s. 16.957 (2) (b). The commission may allow each Class A utility to spend additional moneys on the programs specified in sub. (2) if the Class A utility otherwise complies with the requirements of this section and s. 16.957 (4).

SB459, s. 90 Section 90. 196.374 (3m) of the statutes is created to read:

SB459,30,24 196.374 (3m) Commission duties. (a) In general. 1. The commission shall be responsible for evaluating and setting goals, measurable targets, and funding levels for energy efficiency and renewable resource programs that receive grants under s. 16.957 (2) (b). For planning purposes, the commission may set goals and funding levels for such programs for multiple years. The commission shall cooperate with the department in the administration of such programs and shall oversee the measurement and evaluation of such programs. The commission shall enter into a written agreement with the department for specifying and coordinating their respective powers and duties under this section and s. 16.957.

SB459,31,4 2. In setting a funding level for a fiscal year for energy efficiency and renewable resource programs that receive grants under s. 16.957 (2) (b), the commission shall set a level that is equal to the amount of revenue that would be generated for that fiscal year in public benefits under s. 16.957 (4) (c) 2., 2003 stats.

SB459,31,6 3. The commission shall oversee public benefits programs that are administered by electric utilities under sub. (3) or par. (d).

SB459,31,7 4. The commission shall contract with a private entity to act as a fiscal agent.

SB459,31,14 (b) Audits; reports. The commission shall contract with one or more independent auditors to annually prepare a financial and program audit of the programs specified in par. (a) 1. The purpose of the program audit shall be to evaluate the programs and measure the performance of the programs against the goals and targets set by the commission under par. (a) 1. The commission shall submit annual reports to the legislature under s. 13.172 (2) that describe the results of the audits.

SB459,31,19 (c) Collections. 1. `Low-income assistance programs.' In each fiscal year, the commission shall require all electric utilities to collect from ratepayers and pay to the fiscal agent the amount determined by the department under s. 16.957 (2) (am), for the purpose of funding low-income assistance programs that receive grants under s. 16.957 (2) (a).

SB459,32,4 2. `Other public benefits programs.' The commission shall determine the amount that all electric utilities must collect from ratepayers in a fiscal year for the purpose of funding energy efficiency and renewable resource programs that receive grants under s. 16.957 (2) (b). Except as provided in par. (d), in each fiscal year, each electric utility shall pay to the fiscal agent the electric utility's portion, as determined by the commission, of the amount determined by the commission under this subdivision. Except as provided in par. (d), an electric utility that makes payments to the fiscal agent under this subdivision is not responsible for the management or disposition of moneys that the electric utility is required to collect under this subdivision.

SB459,32,7 3. `Other collections.' In each fiscal year, the commission shall require all electric utilities to collect from ratepayers and pay to the fiscal agent all of the following:

SB459,32,9 a. The amount certified in that fiscal year by the department under s. 16.75 (12) (e) 2. or $1,000,000, whichever is less.

SB459,32,12 b. The amount to which the fiscal agent is entitled, as specified in the fiscal agent's contract with the commission, for reimbursement of the reasonable expenses incurred in acting as the fiscal agent.

SB459,32,15 4. `Commission determinations.' The commission shall determine the portion of the amounts specified in this paragraph that each electric utility is required to collect from ratepayers and pay to the fiscal agent.

SB459,32,22 (d) Electric utility energy efficiency programs. 1. The commission may allow an electric utility to retain a portion of the amount that the electric utility is otherwise required to pay to the fiscal agent under par. (c) 2. if the electric utility expends that portion to fund energy efficiency programs administered by the electric utility within the electric utility's service territory for commercial, industrial, or agricultural customers if the commission determines that the expenditure is in the public interest and that the energy efficiency program satisfies all of the following:

SB459,32,24 a. The energy efficiency program has specific savings targets and performance goals approved by the commission.

SB459,32,25 b. The energy efficiency program is subject to evaluation by the commission.

SB459,33,2 c. Services under the energy efficiency program are provided through 3rd-party market providers on a nondiscriminatory basis.

SB459,33,5 2. The commission may allow an electric utility to spend additional moneys on energy efficiency programs if the electric utility otherwise complies with the requirements of this section and s. 16.957.

SB459, s. 91 Section 91. 196.374 (3r) of the statutes is created to read:

SB459,33,13 196.374 (3r) Fiscal agent duties. The fiscal agent shall collect low-income assistance funding required by the commission under sub. (3) or (3m) (c) 1. and the amounts required under sub. (3m) (c) 3. a. and deposit the moneys into the utility public benefits fund. The fiscal agent shall hold funding for other public benefits programs received under s. 16.957 (2) (c) 4. or (5) (c) or (d) 2. a. or sub. (3) or (3m) (c) 2. in trust exclusively for the payment of grants under s. 16.597 (2) (b) as directed by the department.

SB459, s. 92 Section 92. 196.374 (4) of the statutes is repealed.

SB459, s. 93 Section 93. 196.374 (4m) of the statutes is created to read:

SB459,33,19 196.374 (4m) Equitable funding. In carrying out its duties under sub. (3m), the commission shall ensure that the requirements for funding energy efficiency and renewable resource programs are equitably divided among electric utilities so that similarly situated ratepayers contribute equivalent amounts for the programs.

SB459, s. 94 Section 94. 196.374 (5) of the statutes is created to read:

SB459,33,25 196.374 (5) Rate-making; accounting. The commission shall ensure in rate-making orders that an electric utility recovers from its ratepayers the amounts the electric utility is required to pay to the fiscal agent or expend on its own programs under this section. The commission may prescribe the accounting treatment of electric utility expenditures, including the use of any escrow accounting.

SB459, s. 95 Section 95. 196.374 (7) of the statutes is created to read:

SB459,34,7 196.374 (7) State energy policy. The commission's actions under this section are considered to satisfy the requirements of s. 1.12 (2), (3) (a), and (4) (a), and the requirements of s. 1.12 (5) that relate to conservation or efficient use of electric power. An electric utility's application under s. 196.49 or 196.491 (3) is not subject to the requirements of s. 196.025 (1) relating to energy conservation or efficiency if the electric utility has complied with the requirements of this section.

SB459, s. 96 Section 96. 196.378 (1) (a) of the statutes is amended to read:

SB459,34,14 196.378 (1) (a) "Biomass" means a resource that derives energy from wood or plant material or residue, biological waste, crops grown for use as a resource or landfill gases. "Biomass" does not include garbage, as defined in s. 289.01 (9), or nonvegetation-based industrial, commercial or household waste, except that "biomass" includes refuse-derived fuel used for a renewable facility that was in service in this state before January 1, 1998.

SB459, s. 97 Section 97. 196.378 (1) (bm) of the statutes is repealed.

SB459, s. 98 Section 98. 196.378 (1) (e) of the statutes is repealed.