SB459-engrossed,12,322 16.957 (4) (c) 3. `Limitation on electric bill increases low-income assistance
23fees
.' For the period beginning on October 29, 1999, and ending on June 30, 2008,
24the total increase in a customer's electric bills that is based on the requirement to pay
25public benefits fees, including any increase resulting from an electric utility's

1compliance with this section,
In any month, the low-income assistance fee may not
2exceed 3% of the total of every other charge for which the customer is billed for that
3period month or $750 per month, whichever is less.
SB459-engrossed, s. 35 4Section 35. 16.957 (5) (a) of the statutes is amended to read:
SB459-engrossed,12,125 16.957 (5) (a) Requirement to charge public benefits low-income assistance fees.
6Each retail electric cooperative and municipal utility shall charge a monthly public
7benefits
low-income assistance fee to each customer or member in an amount that
8is sufficient for the retail electric cooperative or municipal utility to collect an annual
9average of $16 $8 per meter. A retail electric cooperative or municipal utility may
10determine the amount that a particular class of customers or members is required
11to pay under this paragraph and may charge different fees to different classes of
12customers or members.
SB459-engrossed, s. 36 13Section 36. 16.957 (5) (am) of the statutes is amended to read:
SB459-engrossed,12,2114 16.957 (5) (am) Public benefits Low-income assistance fee restriction.
15Notwithstanding par. (a), for the period beginning on October 29, 1999, and ending
16on June 30, 2008, the total increase in a customer's or member's electric bills that is
17based on the requirement to pay public benefits fees, including any increase
18resulting from a retail electric cooperative's or municipal utility's compliance with
19this section,
in any month, the low-income assistance fee may not exceed 3% 1.5
20percent
of the total of every other charge for which the member or customer is billed
21for that period month or $750 per month $375, whichever is less.
SB459-engrossed, s. 37 22Section 37. 16.957 (5) (b) of the statutes is repealed and recreated to read:
SB459-engrossed,13,223 16.957 (5) (b) Commitment to community programs. 1. Except as provided in
24subd. 2., each retail electric cooperative and municipal utility shall spend on

1commitment to community programs the fees that the cooperative or utility charges
2under par. (a).
SB459-engrossed,13,123 2. No later than October 1, 2007, and no later than every 3rd year after that
4date, each municipal utility or retail electric cooperative shall notify the department
5whether the utility or cooperative has elected to contribute the fees that the utility
6or cooperative charges under par. (a) to the programs established under sub. (2) (a)
7in each year of the 3-year period for which the utility or cooperative has made the
8election. If a municipal utility or retail electric cooperative elects to contribute to the
9programs established under sub. (2) (a), the utility or cooperative shall pay the
10low-income assistance fees that the utility or cooperative collects under par. (a) to
11the department in each year of the 3-year period for which the utility or cooperative
12has made the election.
SB459-engrossed, s. 38 13Section 38. 16.957 (5) (c) and (d) of the statutes are repealed.
SB459-engrossed, s. 39 14Section 39. 16.957 (5) (e) (intro.) and 1. of the statutes are consolidated,
15renumbered 16.957 (5) (e) and amended to read:
SB459-engrossed,13,2516 16.957 (5) (e) Wholesale supplier credit. If a wholesale supplier has established
17a commitment to community program for low-income assistance or an energy
18conservation program
, a municipal utility or retail electric cooperative that is a
19customer or member of the wholesale supplier may do any of the following: 1. Include
20include an amount equal to the product of the municipal utility's or retail electric
21cooperative's wholesale supply percentage and the amount that the wholesale
22supplier has spent on low-income assistance the commitment to community
23program
in a fiscal year in calculating the amount that the municipal utility or retail
24electric cooperative has spent on low-income assistance commitment to community
25programs
in that fiscal year under par. (d) 2. b. or 3. a. (b) 1.
SB459-engrossed, s. 40
1Section 40. 16.957 (5) (e) 2. of the statutes is repealed.
SB459-engrossed, s. 41 2Section 41. 16.957 (5) (f) of the statutes is amended to read:
SB459-engrossed,14,63 16.957 (5) (f) Joint programs. Municipal utilities or retail electric cooperatives
4may establish joint commitment to community programs, except that each municipal
5utility or retail electric cooperative that participates in a joint program is required
6to comply with the spending requirements under par. (d) (b) 1.
SB459-engrossed, s. 42 7Section 42. 16.957 (5) (g) 1. (intro.) of the statutes is amended to read:
SB459-engrossed,14,148 16.957 (5) (g) 1. (intro.) For each fiscal year Annually, each municipal utility
9and retail electric cooperative that does not pay 100% of the public benefits fee
10spends the low-income assistance fees that it the utility or cooperative charges
11under par. (a) to the department under par. (c) shall file a report with the department
12on commitment to community programs under par. (b) 1. shall provide for an
13independent audit of its programs and submit a report to the department
that
14describes each of the following:
SB459-engrossed, s. 43 15Section 43. 16.957 (5) (g) 1. a. of the statutes is amended to read:
SB459-engrossed,14,2016 16.957 (5) (g) 1. a. An accounting of public benefits low-income assistance fees
17charged to customers or members under par. (a) in the fiscal year and expenditures
18on commitment to community programs under par. (d) (b) 1., including any amounts
19included in the municipal utility's or retail electric cooperative's calculations under
20par. (e).
SB459-engrossed, s. 44 21Section 44. 16.957 (5) (g) 1. b. of the statutes is amended to read:
SB459-engrossed,14,2322 16.957 (5) (g) 1. b. A description of commitment to community programs
23established by the municipal utility or retail electric cooperative in the fiscal year.
SB459-engrossed, s. 45 24Section 45. 16.957 (5) (g) 2. of the statutes is amended to read:
SB459-engrossed,15,4
116.957 (5) (g) 2. The department shall require that municipal utilities and
2retail electric cooperatives file reports under subd. 1. electronically, in a format that
3allows for tabulation, comparison, and other analysis of the reports.
The department
4shall maintain reports filed under subd. 1. for at least 6 years.
SB459-engrossed, s. 46 5Section 46. 20.505 (3) (s) of the statutes is amended to read:
SB459-engrossed,15,106 20.505 (3) (s) Energy conservation and efficiency and renewable resource grants
7Transfer to air quality improvement fund. From the utility public benefits fund, a
8sum sufficient for energy conservation and efficiency and renewable resource grants
9under s. 16.957 (2) (b) 1. and
to make the transfer to the air quality improvement fund
10under s. 16.958 (2) (a).
SB459-engrossed, s. 47 11Section 47. 20.924 (1) (j) of the statutes is created to read:
SB459-engrossed,15,1812 20.924 (1) (j) Shall not enter into any lease or other contract that provides for
13the construction of any building, structure, or facility, or portion thereof, for initial
14occupancy by the state and that contains an option for the state to purchase the
15building, structure, or facility unless the seller or lessor agrees that all equipment
16to be installed as a component of the building, structure, or facility that relates to any
17function that consumes energy meets applicable requirements for state building
18projects under s. 16.855 (10s) (a).
SB459-engrossed, s. 48 19Section 48. 25.96 of the statutes is amended to read:
SB459-engrossed,15,24 2025.96 Utility public benefits fund. There is established a separate
21nonlapsible trust fund designated as the utility public benefits fund, consisting of
22deposits by the public service commission under s. 196.374 (3), public benefits
23low-income assistance
fees received under s. 16.957 (4) (a) and (5) (c) and (d) and
24contributions received under s. 16.957 (2) (c) 4. and (d) 2.
(b) 2.
SB459-engrossed, s. 49 25Section 49. 76.28 (1) (d) of the statutes is amended to read:
SB459-engrossed,17,11
176.28 (1) (d) "Gross revenues" for a light, heat and power company other than
2a qualified wholesale electric company or a transmission company means total
3environmental control charges paid to the company under a financing order issued
4under s. 196.027 (2) and total operating revenues as reported to the public service
5commission except revenues for interdepartmental sales and for interdepartmental
6rents as reported to the public service commission and deductions from the sales and
7use tax under s. 77.61 (4), except that the company may subtract from revenues
8either the actual cost of power purchased for resale, as reported to the public service
9commission, by a light, heat and power company, except a municipal light, heat and
10power company, that purchases under federal or state approved wholesale rates
11more than 50% of its electric power from a person other than an affiliated interest,
12as defined in s. 196.52 (1), if the revenue from that purchased electric power is
13included in the seller's gross revenues or the following percentages of the actual cost
14of power purchased for resale, as reported to the public service commission, by a
15light, heat and power company, except a municipal light, heat and power company
16that purchases more than 90% of its power and that has less than $50,000,000 of
17gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on
18May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a
19qualified wholesale electric company, "gross revenues" means total business
20revenues from those businesses included under par. (e) 1. to 4. For a transmission
21company, "gross revenues" means total operating revenues as reported to the public
22service commission, except revenues for transmission service that is provided to a
23public utility that is subject to the license fee under sub. (2) (d), to a public utility, as
24defined in s. 196.01 (5), or to a cooperative association organized under ch. 185 for
25the purpose of providing electricity to its members only. For an electric utility, as

1defined in s. 16.957 (1) (g), "gross revenues" does not include public benefits
2low-income assistance fees collected by the electric utility under s. 16.957 (4) (a) or
3(5) (a). For a generator public utility, "gross revenues" does not include any grants
4awarded to the generator public utility under s. 16.958 (2) (b). For a wholesale
5supplier, as defined in s. 16.957 (1) (w), "gross revenues" does not include any public
6benefits
low-income assistance fees that are received from a municipal utility or
7retail electric cooperative or under a joint program established under s. 16.957 (5)
8(f). For a municipal utility, "gross revenues" does not include public benefits
9low-income assistance fees received by the municipal utility from a municipal utility
10or retail electric cooperative under a joint program established under s. 16.957 (5)
11(f).
SB459-engrossed, s. 50 12Section 50. 76.48 (1g) (d) of the statutes is amended to read:
SB459-engrossed,18,513 76.48 (1g) (d) "Gross revenues" means total operating revenues, except
14revenues for interdepartmental sales and for interdepartmental rents, less
15deductions from the sales and use tax under s. 77.61 (4) and, in respect to any electric
16cooperative that purchases more than 50% of the power it sells, less the actual cost
17of power purchased for resale by an electric cooperative, if the revenue from that
18purchased electric power is included in the seller's gross revenues or if the electric
19cooperative purchased more than 50% of the power it sold in the year prior to
20January 1, 1988, from a seller located outside this state. For an electric cooperative,
21"gross revenues" does not include grants awarded to the electric cooperative under
22s. 16.958 (2) (b). For a retail electric cooperative, "gross revenues" does not include
23public benefits low-income assistance fees collected by the retail electric cooperative
24under s. 16.957 (5) (a), public benefits low-income assistance fees received by the
25retail electric cooperative from a retail electric cooperative or municipal utility under

1a joint program established under s. 16.957 (5) (f). For a wholesale supplier, as
2defined in s. 16.957 (1) (w), "gross revenues" does not include any public benefits
3low-income assistance fees that are received from a municipal utility, as defined in
4s. 16.957 (1) (q), or retail electric cooperative or under a joint program established
5under s. 16.957 (5) (f).
SB459-engrossed, s. 51 6Section 51. 77.54 (44) of the statutes is amended to read:
SB459-engrossed,18,87 77.54 (44) The gross receipts from the collection of public benefits low-income
8assistance
fees that are charged under s. 16.957 (4) (a) or (5) (a).
SB459-engrossed, s. 52 9Section 52. 79.005 (4) (d) of the statutes is amended to read:
SB459-engrossed,18,1310 79.005 (4) (d) Replacing steam generating equipment at a combustion-based
11renewable facility, as defined in s. 196.378 (1) (g), that is located in this state, to
12increase efficiency or capacity, if the facility remains a combustion-based renewable
13facility, as defined in s. 196.378 (1) (g), after replacing the equipment.
SB459-engrossed, s. 53 14Section 53. 101.027 (1) (intro.) and (a) of the statutes are consolidated,
15renumbered 101.027 (1) and amended to read:
SB459-engrossed,18,1916 101.027 (1) In this section: (a) "Energy, "energy conservation code" means the
17energy conservation code promulgated by the department that sets design
18requirements for construction and equipment for the purpose of energy conservation
19in public buildings and places of employment.
SB459-engrossed, s. 54 20Section 54. 101.027 (1) (b) of the statutes is repealed.
SB459-engrossed, s. 55 21Section 55. 101.027 (2) of the statutes is amended to read:
SB459-engrossed,19,1222 101.027 (2) The department shall review the energy conservation code and
23shall promulgate rules that change the requirements of the energy conservation code
24to improve energy conservation. No rule may be promulgated that has not taken into
25account the cost of the energy conservation code requirement, as changed by the rule,

1in relationship to the benefits derived from that requirement, including the
2reasonably foreseeable economic and environmental benefits to the state from any
3reduction in the use of imported fossil fuel. The proposed rules changing the energy
4conservation code shall be submitted to the legislature in the manner provided under
5s. 227.19. In conducting a review under this subsection, the department shall
6consider incorporating, into the energy conservation code, design requirements from
7the most current national energy efficiency design standards, including standard
890.1 - 1989
the International Energy Conservation Code or an energy efficiency code
9other than standard 90.1 - 1989 the International Energy Conservation Code if that
10energy efficiency code is used to prescribe design requirements for the purpose of
11conserving energy in buildings and is generally accepted and used by engineers and
12the construction industry.
SB459-engrossed, s. 56 13Section 56. 101.027 (3) (a) 1. of the statutes is amended to read:
SB459-engrossed,19,1514 101.027 (3) (a) 1. A revision of standard 90.1 - 1989 the International Energy
15Conservation Code
is published.
SB459-engrossed, s. 57 16Section 57. 101.027 (3) (a) 2. of the statutes is amended to read:
SB459-engrossed,19,1917 101.027 (3) (a) 2. Five Three years have passed from the date on which the
18department last submitted to the legislature proposed rules changing the energy
19conservation code.
SB459-engrossed, s. 58 20Section 58. 101.027 (3) (b) 1. of the statutes is amended to read:
SB459-engrossed,20,221 101.027 (3) (b) 1. If the department begins a review under sub. (2) because a
22revision of standard 90.1 - 1989 the International Energy Conservation Code is
23published, the department shall complete its review of the energy conservation code,
24as defined in sub. (1),
and submit to the legislature proposed rules changing the
25energy conservation code, as defined in sub. (1), no later than 18 months after the

1date on which the revision of standard 90.1 - 1989 the International Energy
2Conservation Code
is published.
SB459-engrossed, s. 59 3Section 59. 101.027 (3) (b) 2. of the statutes is amended to read:
SB459-engrossed,20,94 101.027 (3) (b) 2. If the department begins a review under sub. (2) because 5
53 years have passed from the date on which the department last submitted to the
6legislature proposed rules changing the energy conservation code, the department
7shall complete its review of the energy conservation code and submit to the
8legislature proposed rules changing the energy conservation code no later than 9
9months after the last day of the 5-year 3-year period.
SB459-engrossed, s. 60 10Section 60. 196.025 (1) (title) of the statutes is created to read:
SB459-engrossed,20,1111 196.025 (1) (title) State energy policy.
SB459-engrossed, s. 61 12Section 61. 196.025 (1) of the statutes is renumbered 196.025 (1) (ar) and
13amended to read:
SB459-engrossed,20,1814 196.025 (1) (ar) Consideration of energy priorities. To Except as provided in
15pars. (b) to (d), to
the extent cost-effective, technically feasible and environmentally
16sound, the commission shall implement the priorities under s. 1.12 (4) in making all
17energy-related decisions and orders, including advance plan strategic energy
18assessment
, rate setting and rule-making orders.
SB459-engrossed, s. 61m 19Section 61m. 196.025 (1) (ag) of the statutes is created to read:
SB459-engrossed,20,2020 196.025 (1) (ag) Definitions. In this subsection:
SB459-engrossed,20,2121 1. "Renewable resource" has the meaning given in s. 196.374 (1) (j).
SB459-engrossed,20,2222 2. "Wholesale supplier" has the meaning given in s. 16.957 (1) (w).
SB459-engrossed, s. 62 23Section 62. 196.025 (1) (b) to (d) of the statutes are created to read:
SB459-engrossed,21,524 196.025 (1) (b) Energy conservation and efficiency. 1. In a proceeding in which
25an investor-owned electric public utility is a party, the commission shall not order

1or otherwise impose energy conservation or efficiency requirements on the
2investor-owned electric public utility if the commission has fulfilled all of its duties
3under s. 196.374 and the investor-owned electric public utility has satisfied the
4requirements of s. 196.374 for the year prior to commencement of the proceeding, as
5specified in s. 196.374 (8).
SB459-engrossed,21,106 2. In a proceeding in which a wholesale supplier is a party, the commission shall
7not order or otherwise impose energy conservation or efficiency requirements on the
8wholesale supplier if the commission has fulfilled all of its duties under s. 196.374
9and the wholesale supplier's members are in the aggregate substantially in
10compliance with s. 196.374 (7).
SB459-engrossed,21,1711 (c) Renewable resources. 1. In a proceeding in which an investor-owned electric
12public utility is a party, the commission shall not order or otherwise impose any
13renewable resource requirements on the investor-owned electric public utility if the
14commission has fulfilled all of its duties under s. 196.378 and the commission has
15informed the utility under s. 196.378 (2) (c) that, with respect to the most recent
16report submitted under s. 196.378 (2) (c), the utility is in compliance with the
17requirements of s. 196.378 (2) (a) 2.
SB459-engrossed,21,2218 2. In a proceeding in which a wholesale supplier is a party, the commission shall
19not order or otherwise impose any renewable resource requirements on the
20wholesale supplier if the commission has fulfilled all of its duties under s. 196.378
21and the wholesale supplier's members are in the aggregate substantially in
22compliance with s. 196.378 (2).
SB459-engrossed,22,223 (d) Transmission facilities. In a proceeding regarding a request by a public
24utility or wholesale supplier to acquire, construct, install, or operate an electric

1transmission facility or associated equipment, the commission shall not order or
2otherwise impose requirements on the public utility or wholesale supplier.
SB459-engrossed, s. 63 3Section 63. 196.025 (1m) (title) of the statutes is created to read:
SB459-engrossed,22,44 196.025 (1m) (title) Transmission corridors.
SB459-engrossed, s. 64 5Section 64. 196.025 (2) (title) of the statutes is created to read:
SB459-engrossed,22,66 196.025 (2) (title) Environmental impacts.
SB459-engrossed, s. 65 7Section 65. 196.025 (2m) (title) of the statutes is created to read:
SB459-engrossed,22,88 196.025 (2m) (title) Coordination with department of natural resources.
SB459-engrossed, s. 66 9Section 66. 196.025 (3) (title) of the statutes is created to read:
SB459-engrossed,22,1010 196.025 (3) (title) Reliability reports.
SB459-engrossed, s. 67 11Section 67. 196.025 (4) (title) of the statutes is created to read:
SB459-engrossed,22,1212 196.025 (4) (title) Small-scale generation incentives.
SB459-engrossed, s. 68 13Section 68. 196.025 (5) (title) of the statutes is created to read:
SB459-engrossed,22,1414 196.025 (5) (title) Market power study.
SB459-engrossed, s. 69 15Section 69. 196.374 of the statutes is repealed and recreated to read:
SB459-engrossed,22,17 16196.374 Energy efficiency and renewable resource programs. (1)
17Definitions. In this section:
SB459-engrossed,22,1918 (a) "Agricultural producer" means a person engaged in an agricultural activity,
19as defined in s. 101.10 (1) (a).
SB459-engrossed,22,2220 (b) "Commitment to community program" means an energy efficiency or load
21management program by or on behalf of a municipal utility or retail electric
22cooperative.
SB459-engrossed,22,2523 (c) "Customer application of renewable resources" means the generation of
24energy from renewable resources that takes place on the premises of a customer of
25an energy utility or municipal utility or a member of a retail electric cooperative.
SB459-engrossed,23,4
1(d) "Energy efficiency program" means a program for reducing the usage or
2increasing the efficiency of the usage of energy by a customer or member of an energy
3utility, municipal utility, or retail electric cooperative. "Energy efficiency program"
4does not include load management.
SB459-engrossed,23,65 (e) "Energy utility" means an investor-owned electric or natural gas public
6utility.
SB459-engrossed,23,127 (em) "Large energy customer" means a customer of an energy utility that owns
8or operates a facility in the energy utility's service area that has an energy demand
9of at least 1,000 kilowatts of electricity per month or of at least 10,000 decatherms
10of natural gas per month and that, in a month, is billed at least $60,000 for electric
11service, natural gas service, or both, for all of the facilities of the customer within the
12energy utility's service territory.
SB459-engrossed,23,1713 (f) "Load management program" means a program to allow an energy utility,
14municipal utility, wholesale electric cooperative, as defined in s. 16.957 (1) (v), retail
15electric cooperative, or municipal electric company, as defined in s. 66.0825 (3) (d),
16to control or manage daily or seasonal customer demand associated with equipment
17or devices used by customers or members.
SB459-engrossed,23,1818 (g) "Local unit of government" has the meaning given in s. 23.24 (4) (a) 1.
SB459-engrossed,23,1919 (h) "Municipal utility" has the meaning given in s. 16.957 (1) (q).
SB459-engrossed,23,2320 (i) "Ordered program" means an energy efficiency or renewable resource
21program that an energy utility commenced on or after January 1, 2001, under a
22commission order issued on or after January 1, 2001, and in effect before the effective
23date of this paragraph .... [revisor inserts date].
SB459-engrossed,24,224 (j) "Renewable resource" means a resource that derives energy from any source
25other than coal, petroleum products, nuclear power or, except as used in a fuel cell,

1natural gas. "Renewable resource" includes resources deriving energy from any of
2the following:
SB459-engrossed,24,33 1. Solar energy.
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