AB649: Bill Text

AB649,97,16 1. An order that a statewide programs contractor or person take corrective actions, which may include achieving the goal in a year or other time period specified by the commission, in addition to achieving any other goal under this section that applies to that year or time period.

AB649,97,17 2. For a goal under the statewide programs:

AB649,97,20 a. An order that the energy utilities invoke any provisions of a contract under sub. (2) (a) 1., or that a statewide programs contractor invoke any provisions of a subcontract, that impose monetary penalties for failure to achieve a goal.

AB649,97,23 b. An order that the energy utilities modify or terminate the contract with a statewide programs contractor under sub. (2) (a) 1. or an order that a statewide programs contractor modify or terminate any subcontract.

AB649,97,25 3. For a goal under a utility-administered or large energy customer program, an order modifying or terminating the program.

AB649,98,5 4. For a goal of a municipal utility or retail electric cooperative, an order requiring the municipal utility or retail electric cooperative to modify or terminate a contract with or assignment to a wholesale supplier under sub. (7) (am) 3. or (bg), or enter into a contract with a statewide programs contractor under sub. (7) (am) 2., or an order requiring both.

AB649,98,6 5. Any other remedy specified by the commission.

AB649, s. 148 Section 148. 196.374 (9) of the statutes is created to read:

AB649,98,14 196.374 (9) Treatment of certain capital investments. (a) The commission may allow an energy utility to earn a return on capital invested under a utility-administered or supplemental utility program for energy conservation or efficiency equipment that is located on customer premises, including equipment owned by either the energy utility or a customer. The commission may make such an allowance only if the commission determines that the investment is prudent and a cost-effective means of advancing energy conservation or efficiency.

AB649,98,16 (b) If the commission makes an allowance under par. (a), all of the following apply:

AB649,98,20 1. If the investment is made to replace existing equipment, the commission shall allow the energy utility to earn a return only on that portion of the investment that can be attributed to improving energy conservation or efficiency in comparison to the existing equipment.

AB649,98,25 2. If the investment is made to install new equipment that does not replace existing equipment, the commission shall allow the energy utility to earn a return only on that portion of the investment that can be attributed to improving energy conservation or efficiency in comparison to generally available alternative equipment.

AB649,99,3 (c) The commission shall promulgate rules to implement this subsection, including rules specifying the energy conservation or efficiency equipment that qualifies for treatment under par. (a).

AB649, s. 149 Section 149. 196.377 (title) of the statutes is repealed.

AB649, s. 150 Section 150. 196.377 (1) of the statutes is renumbered 196.377.

AB649, s. 151 Section 151. 196.377 (2) of the statutes is repealed.

AB649, s. 152 Section 152. 196.378 (1) (intro.) and (ag) of the statutes are renumbered 196.378 (1r) (intro.) and (ag), and 196.378 (1r) (ag), as renumbered, is amended to read:

AB649,99,11 196.378 (1r) (ag) "Baseline renewable percentage" means the average of an energy electric provider's renewable energy percentage for 2001, 2002, and 2003.

AB649, s. 153 Section 153. 196.378 (1) (am) of the statutes is repealed.

AB649, s. 154 Section 154. 196.378 (1) (ar) of the statutes is renumbered 196.378 (1r) (ar) and amended to read:

AB649,99,20 196.378 (1r) (ar) "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 before January 1, 1998 has the meaning given in s. 196.374 (1) (am).

AB649, s. 155 Section 155. 196.378 (1) (b) of the statutes is repealed.

AB649, s. 156 Section 156. 196.378 (1) (c) and (d) of the statutes are renumbered 196.378 (1r) (c) and (d).

AB649, s. 157 Section 157. 196.378 (1) (fg) of the statutes is renumbered 196.378 (1r) (fg) (intro.) and amended to read:

AB649,100,2 196.378 (1r) (fg) (intro.) "Renewable energy" means electricity derived from a any of the following:

AB649,100,3 1. A renewable resource.

AB649, s. 158 Section 158. 196.378 (1) (fm) (intro.) of the statutes is renumbered 196.378 (1r) (fm) (intro.).

AB649, s. 159 Section 159. 196.378 (1) (fm) 1. of the statutes is renumbered 196.378 (1r) (fm) 1. and amended to read:

AB649,100,9 196.378 (1r) (fm) 1. The electric provider's total renewable energy in that year that is allowed under the rules promulgated under sub. (3) (c).

AB649, s. 160 Section 160. 196.378 (1) (fm) 2. of the statutes is renumbered 196.378 (1r) (fm) 2. and amended to read:

AB649,100,13 196.378 (1r) (fm) 2. The renewable resource credits created or purchased by the electric provider, if any, that the electric provider elects to use in that year.

AB649, s. 161 Section 161. 196.378 (1) (fr) of the statutes is repealed.

AB649, s. 162 Section 162. 196.378 (1) (g) of the statutes is renumbered 196.378 (1r) (g).

AB649, s. 163 Section 163. 196.378 (1) (h) (intro.) of the statutes is renumbered 196.378 (1r) (h) and amended to read:

AB649,100,19 196.378 (1r) (h) "Renewable resource" means any of the following: has the meaning given in s. 196.374 (1) (j).

AB649, s. 164 Section 164. 196.378 (1) (h) 1., 1m. and 2. of the statutes are repealed.

AB649, s. 165 Section 165. 196.378 (1) (i) of the statutes is renumbered 196.378 (1r) (i) and amended to read:

AB649,100,25 196.378 (1r) (i) "Renewable resource credit" means a renewable resource credit, as defined in s. 196.378 (1) (i), 2007 stats., or a renewable resource credit calculated in accordance with rules promulgated created under sub. (3) (a) 1. and 2.

AB649, s. 166 Section 166. 196.378 (1) (j) of the statutes is repealed.

AB649, s. 167 Section 167. 196.378 (1) (k) of the statutes is renumbered 196.378 (1r) (k).

AB649, s. 168 Section 168. 196.378 (1) (o) of the statutes is repealed.

AB649, s. 169 Section 169. 196.378 (1) (p) of the statutes is renumbered 196.378 (1r) (p).

AB649, s. 170 Section 170. 196.378 (1g) of the statutes is created to read:

AB649,101,6 196.378 (1g) Legislative findings. The legislature finds all of the following:

AB649,101,8 (a) It is essential to the health and safety and economic well-being of Wisconsin that the state maintain a highly reliable electric system at all times.

AB649,101,13 (b) Increased reliance on out-of-state electric generation dependent on long-distance transmission of electricity to deliver the electricity to Wisconsin creates reliability and congestion cost risks that are significantly greater than reliance on electric generation located in Wisconsin at or near centers of demand for electricity.

AB649,101,15 (c) Historically, Wisconsin has relied on imports of electricity from other states for about 15 percent of the state's electricity needs.

AB649,101,20 (d) It is essential to the health and safety and economic well-being of Wisconsin that the state take actions to mitigate global climate change from emissions of greenhouse gasses. Central to such mitigation efforts is reducing reliance on electricity produced from fossil fuels through policies such as the renewable portfolio standard.

AB649,102,2 (e) As of the effective date of this paragraph .... [LRB inserts date], the most abundant and affordable sources of electricity that can be used to comply with the renewable portfolio standard are wind resources in western Minnesota, the Dakotas, and Iowa. Extensive reliance on these resources for compliance with the renewable portfolio standard will produce a significant increase in dependence on imported electricity with the associated reliability and congestion cost risks.

AB649,102,6 (f) To balance the competing imperatives of maintaining the reliability of the electric system and reducing dependence on electricity produced from fossil fuels, it is essential that Wisconsin adopt a renewable portfolio standard that requires at least in part the production of electricity from renewable resources in this state.

AB649, s. 171 Section 171. 196.378 (1r) (de) of the statutes is created to read:

AB649,102,12 196.378 (1r) (de) "In-state percentage" means, with respect to an electric provider, the portion of the electric provider's renewable energy percentage that is derived from electricity generated by renewable facilities located in this state, renewable resource credits separated from such electricity, nonelectric energy, and nonelectric energy certificates.

AB649, s. 172 Section 172. 196.378 (1r) (dm) of the statutes is created to read:

AB649,102,17 196.378 (1r) (dm) "Nonelectric energy" means any of the following types of energy produced or generated at a facility located in this state and placed in service on or after the effective date of this paragraph .... [LRB inserts date], but only if the energy displaces fossil fuel use in this state:

AB649,102,19 1. The thermal output from a cogeneration production plant, as defined in s. 79.005 (1g).

AB649,102,22 2. The thermal output from a biomass-fueled boiler, but only if, after the effective date of this subdivision .... [LRB inserts date], the boiler was converted from a fossil fuel-fueled boiler to a biomass-fueled boiler.

AB649,102,23 3. The thermal output of a geothermal system.

AB649,102,24 4. Biogas that is put into a natural gas transmission or distribution pipeline.

AB649,102,25 5. The thermal output of a solar water heating system.

AB649,103,1 6. Useable light delivered by a solar light pipe.

AB649,103,3 7. Energy derived from other applications, specified by the commission by rule, that produce energy other than electricity from renewable resources.

AB649, s. 173 Section 173. 196.378 (1r) (ds) of the statutes is created to read:

AB649,103,6 196.378 (1r) (ds) "Nonelectric energy certificate" means a certificate created under the rules under sub. (3m) (a).

AB649, s. 174 Section 174. 196.378 (1r) (fg) 2. of the statutes is created to read:

AB649,103,9 196.378 (1r) (fg) 2. The combustion of refuse-derived fuel in a facility that was in service before January 1, 1998.

AB649, s. 175 Section 175. 196.378 (1r) (fg) 3. of the statutes is created to read:

AB649,103,13 196.378 (1r) (fg) 3. The combustion of solid waste that has been subject to a process to remove recyclable and noncombustible materials in a facility that is owned by a county in this state and that was in service before January 1, 1998.

AB649, s. 176 Section 176. 196.378 (1r) (fm) 3. of the statutes is created to read:

AB649,103,17 196.378 (1r) (fm) 3. Nonelectric energy produced or generated by the electric provider in that year from which the electric provider does not create nonelectric energy certificates.

AB649, s. 177 Section 177. 196.378 (1r) (fm) 4. of the statutes is created to read:

AB649,103,20 196.378 (1r) (fm) 4. Nonelectric energy certificates that an electric provider purchases in that year.

AB649, s. 178 Section 178. 196.378 (1r) (gm) of the statutes is created to read:

AB649,103,23 196.378 (1r) (gm) "Renewable portfolio standard" means the requirement to comply with sub. (2) (a) 2.

AB649, s. 179 Section 179. 196.378 (2) (a) 1. of the statutes is amended to read:

AB649,104,16 196.378 (2) (a) 1. No later than June 1, 2016 2014, the commission shall prepare a report stating whether, by December 31, 2015 2013, the state has met a goal of 10 percent of all electric energy consumed in the state being renewable energy. No later than June 1, 2021, the commission shall prepare a report stating, whether by December 31, 2020, the state has met a goal of 20 percent of all electric energy consumed in this state being renewable energy and 6 percent of all electric energy consumed in this state being generated by renewable facilities located in this state. No later than June 1, 2026, the commission shall prepare a report stating, whether by December 31, 2025, the state has met a goal of 25 percent of all electric energy consumed in this state being renewable energy and 10 percent of all electric energy consumed in this state being generated by renewable facilities located in this state. If the a goal for a year has not been achieved, the a report shall indicate why the goal was not achieved and how it may be achieved, and the commission shall prepare similar reports biennially thereafter until the goal is achieved. The commission shall submit reports under this subdivision to the governor and chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB649, s. 180 Section 180. 196.378 (2) (a) 2. c. of the statutes is amended to read:

AB649,104,20 196.378 (2) (a) 2. c. For the years 2011, and 2012, 2013, and 2014, each electric provider may not decrease its renewable energy percentage below the electric provider's renewable energy percentage required under subd. 2. b.

AB649, s. 181 Section 181. 196.378 (2) (a) 2. d. of the statutes is amended to read:

AB649,104,24 196.378 (2) (a) 2. d. For the year 2015 2013, each electric provider shall increase its renewable energy percentage so that it is at least 6 percentage points above the electric provider's baseline renewable percentage.

AB649, s. 182 Section 182. 196.378 (2) (a) 2. e. of the statutes is amended to read:

AB649,105,4 196.378 (2) (a) 2. e. For each year after the years 2014, 2015, 2016, 2017, 2018, and 2019, each electric provider may not decrease its renewable energy percentage below the electric provider's renewable energy percentage required under subd. 2. d.

AB649, s. 183 Section 183. 196.378 (2) (a) 2. f. of the statutes is created to read:

AB649,105,10 196.378 (2) (a) 2. f. For the year 2020, each electric provider shall increase its renewable energy percentage so that it is at least 16 percentage points above the electric provider's baseline renewable percentage and shall ensure that its in-state percentage is not less than 30 percent of the renewable energy percentage required under this subd. 2. f.

AB649, s. 184 Section 184. 196.378 (2) (a) 2. g. of the statutes is created to read:

AB649,105,16 196.378 (2) (a) 2. g. For the years 2021, 2022, 2023, and 2024, each electric provider may not decrease its renewable energy percentage below the electric provider's renewable energy percentage required under subd. 2. f. and may not decrease its in-state percentage below the electric provider's in-state percentage required under subd. 2. f.

AB649, s. 185 Section 185. 196.378 (2) (a) 2. h. of the statutes is created to read:

AB649,105,22 196.378 (2) (a) 2. h. For the year 2025, each electric provider shall increase its renewable energy percentage so that it is at least 21 percentage points above the electric provider's baseline renewable percentage and shall ensure that its in-state percentage is not less than 40 percent of the renewable energy percentage required under this subd. 2. h.

AB649, s. 186 Section 186. 196.378 (2) (a) 2. i. of the statutes is created to read:

AB649,106,3 196.378 (2) (a) 2. i. For each year after 2025, each electric provider may not decrease its renewable energy percentage below the electric provider's renewable energy percentage required under subd. 2. h. and may not decrease its in-state percentage below the electric provider's in-state percentage required under subd. 2. h.