AB649: Bill Text

AB649,64,2 101.027 (2) The department shall review the energy conservation code promulgated under sub. (1m), and shall, subject to the requirements of sub. (1r), 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 the International Energy Conservation Code or an energy efficiency code other than 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.

AB649, s. 47 Section 47. 101.027 (3) (a) 1. of the statutes is amended to read:

AB649,64,6 101.027 (3) (a) 1. A revision of the International Energy Conservation Code generally accepted code used by the department to promulgate the energy efficiency code under sub. (1m) is published.

AB649, s. 48 Section 48. 101.027 (3) (b) 1. of the statutes is amended to read:

AB649,64,15 101.027 (3) (b) 1. If the department begins a review under sub. (2) because a revision of the International Energy Conservation Code generally accepted code used by the department to promulgate the energy efficiency code under sub. (1m) is published, the department shall complete its review of the energy conservation code, as defined in sub. (1), and submit to the legislature proposed rules changing the energy conservation code, as defined in sub. (1), no later than 18 months after the date on which the revision of the International Energy Conservation Code generally accepted code is published.

AB649, s. 49 Section 49. 101.027 (4) of the statutes is created to read:

AB649,65,6 101.027 (4) The department shall promulgate rules that set voluntary design standards for the purpose of reducing the environmental impact of constructing, maintaining, and using public buildings and places of employment. The department shall base the design standards on standards jointly established by the American National Standards Institute, the American Society of Heating, Refrigerating and Air Conditioning Engineers, the U.S. Green Building Council, and the Illuminating Engineering Society of North America or on similar standards that are generally accepted and used by architects, engineers, and the construction industry in the construction of public buildings and places of employment if the similar standards provide benefits in reducing the environmental impact of constructing, maintaining, and using public buildings and places of employment that are at least as great as the benefits provided in the jointly established standards. The department shall promulgate rules under this subsection that set design standards that provide significantly greater energy conservation benefits than those provided by the design standards contained in the energy conservation code under sub. (1m).

AB649, s. 50 Section 50. 101.028 of the statutes is created to read:

AB649,65,13 101.028 Agricultural building code. The department shall, by rule, promulgate an energy conservation code that sets minimum design standards for agricultural facilities. The department shall define, for purposes of that code, "agricultural facility," which shall include a barn and a milking parlor. The department shall consult with the department of agriculture, trade and consumer protection before promulgating rules under this section.

AB649, s. 51 Section 51. 101.173 of the statutes is created to read:

AB649,65,15 101.173 Industrial boilers; energy efficiency. (1) In this section:

AB649,65,16 (a) "Cooperative association" has the meaning given in s. 196.491 (1) (bm).

AB649,65,18 (b) "Industrial boiler" means a closed vessel in which water or other liquid is heated and that produces hot water or steam for an industrial process.

AB649,65,19 (c) "Public utility" has the meaning given in s. 196.01 (5).

AB649,65,24 (d) "Self-generator" means a person that uses equipment and facilities to generate electricity and that consumes, on each day that the equipment and facilities are in use, no less than 70 percent of the aggregate kilowatt hours output from the equipment and facilities in manufacturing processes at the site where the equipment and facilities are located.

AB649,65,25 (e) "Wholesale merchant plant" has the meaning given in s. 196.491 (1) (w).

AB649,66,5 (2) (a) Except as provided in par. (b), a person who owns an industrial boiler shall cause the boiler to be inspected on an annual basis to assess the boiler's energy efficiency. The owner of the industrial boiler shall take such action based upon the results of each annual inspection as necessary to maximize the energy efficiency of, and to minimize the emission of greenhouse gasses from, the industrial boiler.

AB649,66,7 (b) The requirements under par. (a) do not apply with respect to any of the following:

AB649,66,9 1. An industrial boiler that is used by a cooperative association to generate electricity.

AB649,66,10 2. An industrial boiler that is used by a public utility to generate electricity.

AB649,66,12 3. An industrial boiler that is used by the operator of a wholesale merchant plant to generate electricity unless the wholesale merchant plant is a self-generator.

AB649,66,14 (3) The department may promulgate rules to implement and enforce the requirements under sub. (2).

AB649, s. 52 Section 52. 101.62 of the statutes is amended to read:

AB649,67,5 101.62 Dwelling code council; power. The dwelling code council shall review the standards and rules for one- and 2-family dwelling construction and recommend a uniform dwelling code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings, consistent with the requirements of s. 101.63 (1m), and for costs of specific code provisions to home buyers to be related to the benefits derived from such provisions. The council shall study the need for and availability of one-family and 2-family dwellings that are accessible to persons with disabilities, as defined in s. 106.50 (1m) (g), and shall make recommendations to the department for any changes to the uniform dwelling code that may be needed to ensure an adequate supply of one-family and 2-family dwellings. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall recommend variances for different climate and soil conditions throughout the state.

AB649, s. 53 Section 53. 101.63 (1) (intro.) of the statutes is amended to read:

AB649,67,16 101.63 (1) (intro.) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 254.61 (1), except that the rules apply to all of the following:

AB649, s. 54 Section 54. 101.63 (1m) of the statutes is created to read:

AB649,67,23 101.63 (1m) (a) In this subsection, "generally accepted code" means the International Energy Conservation Code or an energy efficiency code that provides at least as great an energy conservation benefit as the energy design standards contained in the International Energy Conservation Code and that is generally accepted and used by architects, engineers, and the construction industry in the construction of one- and 2-family dwellings.

AB649,68,3 (b) The department shall, by rule, promulgate an energy conservation code that sets minimum design standards for construction and equipment for the purpose of energy conservation in one- and 2-family dwellings. Except as provided in pars. (c) and (d), the rules shall conform to the energy design standards contained in a generally accepted code.

AB649,68,6 (c) The department may set particular design standards that are less strict than those contained in the generally accepted code used by the department to promulgate the energy conservation code under par. (b) if all of the following apply:

AB649,68,8 1. Application of the generally accepted code is unreasonably burdensome because of specific conditions existing in this state.

AB649,68,10 2. The less strict standards provide the greatest energy conservation benefits that are consistent with the specific conditions.

AB649,68,17 (d) The department may set particular design standards that are stricter than those contained in the generally accepted code used by the department to promulgate the energy conservation code under par. (b) if the department takes into account the cost of complying with the stricter standards in relationship to the benefits derived from complying with the stricter standards, including the reasonably foreseeable economic and environmental benefits to this state from any reduction in the use of fossil fuel and in emissions of greenhouse gasses.

AB649,68,21 (e) The department shall review the energy conservation code promulgated under par. (b), and shall, subject to the requirements of pars. (c) and (d), promulgate rules that change the requirements of the energy conservation code to improve energy conservation.

AB649,68,23 (f) The department shall begin a review under par. (e) whenever one of the following occurs:

AB649,68,25 1. A revision of the generally accepted code used by the department to promulgate the energy conservation code under par. (b) is published.

AB649,69,2 2. Three years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code.

AB649,69,3 (g) The department shall complete a review under par. (e) as follows:

AB649,69,9 1. If the department begins a review under par. (e) because a revision of the generally accepted code used by the department to promulgate the energy conservation code under par. (b) is published, 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 18 months after the date on which the revision of the generally accepted code is published.

AB649,69,15 2. If the department begins a review under par. (e) because 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 3-year period.

AB649, s. 55 Section 55. 101.80 (1j) of the statutes is amended to read:

AB649,69,19 101.80 (1j) "Electricity provider" means a public utility, an electric cooperative, or a wholesale merchant plant operator, or, beginning on the date specified in the notice published under s. 196.493 (3) (b), a nonutility nuclear power plant operator.

AB649, s. 56 Section 56. 101.80 (2m) of the statutes is created to read:

AB649,69,23 101.80 (2m) "Nonutility nuclear power plant operator" means the operator of a nonutility nuclear power plant, as defined in s. 196.491 (1) (i). This subsection takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649, s. 57 Section 57. 110.20 (1) (b) of the statutes is amended to read:

AB649,70,4 110.20 (1) (b) "Nonexempt vehicle" means any motor vehicle as defined under s. 340.01 (35) which is owned by the United States or which is required to be registered in this state and to which one or more emission limitations adopted under s. 285.30 (2) applies which is not exempt under sub. (14m).

AB649, s. 58 Section 58. 110.20 (3) (a) of the statutes is amended to read:

AB649,70,9 110.20 (3) (a) The inspection and maintenance program shall be designed to determine compliance with the emission limitations promulgated under s. 285.30 (2) or with emission limitations under s. 285.305 (1) or (2), for motor vehicles subject to those emission limitations, and compliance with s. 285.30 (6).

AB649, s. 59 Section 59. 196.025 (1) (ag) 1. of the statutes is renumbered 196.025 (1) (ag) 1r.

AB649, s. 60 Section 60. 196.025 (1) (ag) 1g. of the statutes is created to read:

AB649,70,14 196.025 (1) (ag) 1g. "Municipal utility" has the meaning given in s. 16.957 (1) (q).

AB649, s. 61 Section 61. 196.025 (1) (b) 1. of the statutes is renumbered 196.025 (1) (b) 1. (intro.) and amended to read:

AB649,70,21 196.025 (1) (b) 1. (intro.) In a proceeding in which an investor-owned electric public utility is a party, the commission shall not order or otherwise impose energy conservation or efficiency requirements on the investor-owned electric public utility if the commission has fulfilled all of its duties under s. 196.374 and the investor-owned any of the following is satisfied:

AB649,70,23 a. The electric public utility has satisfied the requirements of s. 196.374 for the year prior to commencement of the proceeding, as specified in s. 196.374 (8) (d).

AB649, s. 62 Section 62. 196.025 (1) (b) 1. b. of the statutes is created to read:

AB649,71,6 196.025 (1) (b) 1. b. If the electric public utility is a municipal utility, the commission determines under s. 196.374 (8) that the electric public utility has, on average over the 4 years preceding the commencement of the proceeding, met, in the aggregate, the goals established under s. 196.374 (3) (bn) 1. f. for the electric public utility or the commission determines that the electric public utility has made a good faith effort to meet the goals during such 4-year period.

AB649, s. 63 Section 63. 196.025 (1) (b) 2. of the statutes is amended to read:

AB649,71,22 196.025 (1) (b) 2. In a proceeding in which a wholesale supplier that has accepted an assignment from a municipal utility or retail electric cooperative under s. 196.374 (7) (bg) is a party, the commission shall not order or otherwise impose energy conservation or efficiency requirements on the wholesale supplier or any municipal utility or retail electric cooperative that made the assignment if the commission has fulfilled all of its duties under s. 196.374 and the wholesale supplier's members are in the aggregate substantially in compliance with s. 196.374 (7) commission determines under s. 196.374 (8) that the wholesale supplier or all municipal utilities or retail electric cooperatives from which the wholesale supplier has accepted assignment have, on average over the 4 years preceding the commencement of the proceeding, met, in the aggregate, the goals established under s. 196.374 (3) (bn) 1. f. for the municipal utilities or retail electric cooperatives or the commission determines that the wholesale supplier, municipal utilities, or retail electric cooperatives have made a good faith effort to meet the goals during such four-year period.

AB649, s. 64 Section 64. 196.025 (1) (c) 1. of the statutes is amended to read:

AB649,72,6 196.025 (1) (c) 1. In a proceeding in which an investor-owned electric public utility is a party, the commission shall not order or otherwise impose any renewable resource requirements on the investor-owned electric public utility if the commission has fulfilled all of its duties under s. 196.378 and the commission has informed the utility under s. 196.378 (2) (c) 2. that, with respect to the most recent report submitted under s. 196.378 (2) (c) 1., the utility is in compliance with the requirements of s. 196.378 (2) (a) 2. This subdivision does not limit the authority of the commission to enforce a public utility's obligations under s. 196.374 or 196.379.

AB649, s. 65 Section 65. 196.025 (1) (c) 2. of the statutes is amended to read:

AB649,72,12 196.025 (1) (c) 2. In a proceeding in which a wholesale supplier is a party, the commission shall not order or otherwise impose any renewable resource requirements on the wholesale supplier if the commission has fulfilled all of its duties under s. 196.378 and the wholesale supplier's members or customers are in the aggregate substantially in compliance with s. 196.378 (2).

AB649, s. 66 Section 66. 196.025 (1) (c) 3. of the statutes is created to read:

AB649,72,17 196.025 (1) (c) 3. The commission shall give priority in the scheduling of its business to the consideration of applications for a certificate of authority under s. 196.49, or a certificate of public convenience and necessity under s. 196.491 (3), for a proposed renewable facility, as defined in s. 196.378 (1r) (g).

AB649, s. 67 Section 67. 196.025 (1) (e) of the statutes is created to read:

AB649,73,2 196.025 (1) (e) Exercise of regulatory authority. The commission shall exercise its regulatory authority to ensure that the maximum reductions in the use of and demand for electricity and natural gas are achieved through the implementation of cost-effective energy efficiency and conservation programs, utility demand response and load management programs, and tariffs designed to reduce energy use, while taking account of the costs and benefits for customers and the need to maintain a highly reliable system capable of delivering an adequate supply of electricity and natural gas at reasonable cost.

AB649, s. 68 Section 68. 196.025 (2m) (c) of the statutes is amended to read:

AB649,73,14 196.025 (2m) (c) Paragraph (b) does not waive any duty of the commission or the department to comply with s. 1.11 or to take any other action required by law regarding a project, except that, in the consideration of alternative locations, sites, or routes for a project, the commission and the department are required to consider only the location, site, or route for the project identified in an application for a certificate under s. 196.49 and no more than one alternative location, site, or route; and, for a project identified in an application for a certificate under s. 196.491 (3), other than an application for a renewable facility, as defined in s. 196.378 (1r) (g), the commission and the department are required to consider only the location, site, or route for the project identified in the application and one alternative location, site, or route.

AB649, s. 69 Section 69. 196.025 (7) of the statutes is created to read:

AB649,73,19 196.025 (7) Energy conservation assessment. No later than July 1, 2013, and at least every 4 years thereafter, the commission shall prepare and provide to the department of natural resources an assessment of progress toward meeting the statewide energy conservation goals in s. 299.03 (3m).

AB649, s. 70 Section 70. 196.25 (1) of the statutes is renumbered 196.25 (1r).

AB649, s. 71 Section 71. 196.25 (1g) of the statutes is created to read:

AB649,73,25 196.25 (1g) In this section, "public utility" includes the owner or operator of a nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649, s. 72 Section 72. 196.374 (1) (am) of the statutes is created to read:

AB649,74,5 196.374 (1) (am) "Biomass" means plant material or residue, biological waste, or landfill gases. "Biomass" does not include garbage, as defined in s. 289.01 (9), or nonbiological industrial, nonbiological commercial, or nonbiological household waste.

AB649, s. 73 Section 73. 196.374 (1) (b) of the statutes is amended to read:

AB649,74,12 196.374 (1) (b) "Commitment to community program" means an energy efficiency or load management program by or on behalf for regulated fuel usage in the service territory of a municipal utility or retail electric cooperative or a renewable resource program involving customer applications of renewable resources that take place at the premises of the customers or members of a municipal utility or retail electric cooperative.

AB649, s. 74 Section 74. 196.374 (1) (c) of the statutes is amended to read:

AB649,74,17 196.374 (1) (c) "Customer application of renewable resources" means the generation of energy from renewable resources that takes place on the premises of a customer or member of an energy utility or, municipal utility, or a member of a retail electric cooperative.

AB649, s. 75 Section 75. 196.374 (1) (d) of the statutes is amended to read:

AB649,74,22 196.374 (1) (d) "Energy efficiency program" means a program for reducing the usage or increasing the efficiency of the usage of energy by a customer or member of an energy utility, municipal utility, or retail electric cooperative a target fuel. "Energy efficiency program" does not include load management.

AB649, s. 76 Section 76. 196.374 (1) (dm) of the statutes is created to read:

AB649,74,25 196.374 (1) (dm) "Energy provider" means an energy utility, municipal utility, or retail electric cooperative.

AB649, s. 77 Section 77. 196.374 (1) (er) of the statutes is created to read:

AB649,75,3 196.374 (1) (er) "Large energy customer program" means a program under sub. (2) (c).

AB649, s. 78 Section 78. 196.374 (1) (f) of the statutes is amended to read:

AB649,75,10 196.374 (1) (f) "Load management program" means a program to allow an energy utility, municipal utility, provider or wholesale electric cooperative, as defined in s. 16.957 (1) (v), retail electric cooperative, or municipal electric company, as defined in s. 66.0825 (3) (d), supplier to control or manage daily or seasonal customer or member demand associated with equipment or devices used by customers or members.

AB649, s. 79 Section 79. 196.374 (1) (hm) of the statutes is created to read:

AB649,75,13 196.374 (1) (hm) "Natural gas" does not include natural gas that is used to generate electricity.