AB649: Bill Text

AB649,81,25 c. Low-income weatherization programs under ss. 16.26, 16.27, and 16.957.

AB649,82,3 d. Other programs and policy mechanisms, including appliance and equipment efficiency standards, mandatory and voluntary energy conservation standards for buildings, and voluntary certification programs.

AB649,82,5 2. Reductions in use of and demand for a target fuel in assessments under subd. 1. shall be expressed as percentages of total sales for the target fuel.

AB649,82,11 (bn) Quadrennial goals. For each year of the quadrennium following the proceeding under par. (bc), the commission shall establish a goal for the reduction in demand for and use of each target fuel that can be achieved under the statewide programs, and a goal for the reduction in demand for and use of each regulated fuel that can be achieved by or on behalf of each municipal utility and retail electric cooperative, as follows:

AB649,82,12 1. For each regulated fuel:

AB649,82,13 a. Estimate the total sales of the regulated fuel that will occur in the year.

AB649,82,16 b. Estimate the proportion of the amount estimated under subd. 1. a. that will be attributable to sales by all energy utilities in the year and multiply the proportion estimated under this subd. 1. b. by the amount estimated under subd. 1. a.

AB649,82,20 c. Estimate the proportion of the amount estimated under subd. 1. a. that will be attributable to sales by each municipal utility or retail electric cooperative in the year and multiply the proportion estimated under this subd. 1. c. by the amount estimated under subd. 1. a.

AB649,82,22 d. Determine the difference between the percentages determined under par. (bg) 1. a. and c. for the regulated fuel for the year.

AB649,83,2 e. Multiply the product determined under subd. 1. b. by the difference determined under subd. 1. d. The resulting product shall be the goal under the statewide programs for the regulated fuel for the year, unless modified by the commission under sub. (8) (b) 2.

AB649,83,9 f. Multiply the product determined under subd. 1. c. for a municipal utility or retail electric cooperative by the difference determined under subd. 1. d. The resulting product shall be the goal for the regulated fuel for the year for the municipal utility or retail electric cooperative, unless modified by the commission under sub. (8) (b) 2., and except that the commission may revise the goal if the commission determines that the goal is unreasonable considering the composition of the membership or customer base of the municipal utility or retail electric cooperative.

AB649,83,10 2. For each unregulated fuel:

AB649,83,11 a. Estimate the total sales of the unregulated fuel that will occur in the year.

AB649,83,13 b. Determine the difference between the percentages determined under par. (bg) 1. a. and c. for the unregulated fuel for the year.

AB649,83,17 c. Multiply the estimate under subd. 2. a. by the difference determined under subd. 2. b. The resulting product shall be the goal under the statewide programs for the unregulated fuel for the year, unless modified by the commission under sub. (8) (b) 2.

AB649,83,21 (br) Quadrennial funding requirements. 1. `Statewide programs.' The commission shall determine the amount of funds necessary for statewide programs for each target fuel for each year of the quadrennium following the proceeding under par. (bc) as follows:

AB649,83,23 a. For each target fuel, determine the amount of funds necessary to achieve the goal determined under par. (bn) 1. e. or 2. c. for the year.

AB649,84,3 b. Subtract from the amount determined under subd. 1. a. the total amount that the commission allows all energy utilities to pay for utility-administered programs for the target fuel in the year.

AB649,84,7 c. Subtract from the amount determined under subd. 1. b. the total amount of funding the commission allows for all large energy customer programs for the target fuel in the year. The result determined under this subd. 1. c. shall be the amount of funding necessary for statewide programs for the target fuel in the year.

AB649,84,12 2. `Municipal utilities and retail electric cooperatives.' Except as provided in sub. (7) (bg), each municipal utility and retail electric cooperative shall determine the amount of funds necessary to achieve the goal determined under par. (bn) 1. f. for each regulated fuel for each year of the quadrennium following the proceeding under par. (bc).

AB649,84,16 (bw) Funding allocation. 1. A prime supplier shall report to the commission, in the form specified by the commission, the amount of unregulated fuel that the prime supplier imports into this state each year for ultimate use by end users in this state.

AB649,84,20 2. In the proceeding under par. (bc), for each target fuel, the commission shall determine the percentage of total sales of the target fuel by all energy utilities and prime suppliers in the quadrennium prior to the proceeding that is attributable to each energy utility and prime supplier.

AB649,84,25 3. For each regulated fuel, the commission shall order each energy utility to collect from its customers in each year of the quadrennium following the proceeding under par. (bc) an amount equal to the percentage determined for the energy utility under subd. 2. multiplied by the amount determined under par. (br) 1. c. for the regulated fuel for the year and pay the amount to a statewide programs contractor.

AB649,85,5 4. For each unregulated fuel, the commission shall order each prime supplier to pay to a statewide programs contractor in each year of the quadrennium following the proceeding under par. (bc) an amount equal to the percentage determined for the prime supplier under subd. 2. multiplied by the amount determined under par. (br) 1. c. for the unregulated fuel for the year.

AB649, s. 107 Section 107. 196.374 (3) (c) (title) of the statutes is amended to read:

AB649,85,7 196.374 (3) (c) (title) Reviews Other reviews and approvals.

AB649, s. 108 Section 108. 196.374 (3) (c) 1. of the statutes is amended to read:

AB649,85,13 196.374 (3) (c) 1. Review and approve contracts under sub. (2) (a) 1. between the energy utilities and program administrators If the energy utilities contract with more than one person under sub. (2) (a) 1., the commission shall determine how to allocate among those persons the requirements under this section involving statewide programs contractors.

AB649, s. 109 Section 109. 196.374 (3) (c) 2. (intro.), a. and b. of the statutes are consolidated, renumbered 196.374 (3) (c) 2. (intro.) and amended to read:

AB649,85,25 196.374 (3) (c) 2. (intro.) Review requests under sub. (2) (b) for utility-administered, supplemental utility, and large energy customer programs. The commission may condition its approval of a request under sub. (2) (b) as necessary to protect the public interest. The commission shall approve a request under sub. (2) (b) 1. or 2. if the commission determines that a proposed energy efficiency or renewable resource program is in the public interest and satisfies all of the following: a. The program, has specific savings targets and performance measurable performance-based goals approved by the commission. b. The program, is subject to independent evaluation by the commission. , and, for a utility-administered or supplemental utility program, satisfies all of the following:

AB649, s. 110 Section 110. 196.374 (3) (c) 2. am., bm., c., d. and e. of the statutes are created to read:

AB649,86,5 196.374 (3) (c) 2. am. The individual elements of the program do not duplicate elements of the statewide programs. This subd. 2. am. applies only to a utility-administered program.

AB649,86,7 bm. Implementation of the program will complement the statewide programs and enhance the ability of the statewide programs to meet or exceed their goals.

AB649,86,9 c. Implementation of the program will enhance the ability of the state to meet its greenhouse gas emission reduction goals under s. 299.03 (2).

AB649,86,11 d. Considering alternatives to the program, the costs of the program are reasonable.

AB649,86,12 e. The benefits of the program exceed the costs of the program.

AB649, s. 111 Section 111. 196.374 (3) (d) of the statutes is amended to read:

AB649,86,24 196.374 (3) (d) Audits. Annually, the commission shall contract with one or more independent auditors to prepare a financial and performance audit of the statewide, utility-administered, supplemental utility, and large energy customer programs specified in par. (b) 1. The purpose of the performance audit shall be to evaluate the programs and measure the performance of the programs against the goals and targets set approved by the commission under par. (b) 1. The person or persons with whom the energy utilities contract for program administration under sub. (2) (a) 1. shall pay the costs of the audits from the amounts paid under the contracts under sub. (2) (a) 1 (c) 2. or established under par. (bn) 1. e. or 2. c. The audit shall also determine the amount of reduction in the demand for and use of each target fuel that has resulted in the year under the programs.

AB649, s. 112 Section 112. 196.374 (3) (dm) of the statutes is created to read:

AB649,87,5 196.374 (3) (dm) Consultations. If an audit under par. (d) indicates that a program has failed to achieve one or more goals for the year of the audit, the commission shall consult with the statewide programs contractor or person administering the program regarding ways to modify the program to ensure that, as determined under sub. (8) (a), it will achieve its goals.

AB649, s. 113 Section 113. 196.374 (3) (e) 1. of the statutes is amended to read:

AB649,87,10 196.374 (3) (e) 1. The expenses of the commission, energy utilities, and program administrators contracted under sub. (2) (a) 1. statewide programs contractors in administering or participating in the statewide programs under sub. (2) (a) 1.

AB649, s. 114 Section 114. 196.374 (3) (e) 2. of the statutes is amended to read:

AB649,87,16 196.374 (3) (e) 2. The effectiveness of the statewide, utility-administered, supplemental utility, large energy customer, and commitment to community programs specified in par. (b) 1. and sub. (7) in reducing demand for electricity target fuels, and increasing the use of renewable resources owned by customers or members.

AB649, s. 115 Section 115. 196.374 (3) (f) 1. of the statutes is amended to read:

AB649,87,21 196.374 (3) (f) 1. Procedures for energy utilities to collectively contract with program administrators for administration of statewide programs under sub. (2) (a) 1. and to receive contributions from municipal utilities and retail electric cooperatives under sub. (7) (b) 2. statewide programs contractors.

AB649, s. 116 Section 116. 196.374 (3) (f) 2. of the statutes is amended to read:

AB649,88,2 196.374 (3) (f) 2. Procedures and criteria for commission review and approval of contracts for administration of statewide programs under sub. (2) (a) 1., including criteria for the selection of program administrators under sub. (2) (a) 1. statewide programs contractors.

AB649, s. 117 Section 117. 196.374 (3) (f) 3. of the statutes is amended to read:

AB649,88,7 196.374 (3) (f) 3. Procedures and criteria for commission review and approval of utility-administered, supplemental utility, and large energy customer programs under sub. (2) (b) 1. and 2., customer programs under sub. (2) (c), and requests under sub. (2) (b) 3.

AB649, s. 118 Section 118. 196.374 (3) (f) 4. of the statutes is amended to read:

AB649,88,12 196.374 (3) (f) 4. Minimum requirements for energy efficiency and renewable resource the statewide, utility-administered, supplemental utility, and large energy customer programs under sub. (2) (a) 1. and customer energy efficiency programs under sub. (2) (c).

AB649, s. 119 Section 119. 196.374 (4) (a) (intro.) of the statutes is amended to read:

AB649,88,18 196.374 (4) (a) (intro.) In implementing the statewide programs under sub. (2) (a) 1. or administering a commitment to community program under a contract under sub. (7) (am) 2., including the awarding of grants or contracts, a person who contracts with the utilities under sub. (2) (a) 1., a statewide programs contractor or a person who subcontracts with such a person a statewide programs contractor:

AB649, s. 120 Section 120. 196.374 (4) (a) 1. of the statutes is amended to read:

AB649,88,22 196.374 (4) (a) 1. May not discriminate against an energy utility provider or its affiliate or a wholesale supplier or its affiliate solely on the basis of its status as an energy utility provider or its affiliate or wholesale supplier or its affiliate.

AB649, s. 121 Section 121. 196.374 (4) (a) 2. of the statutes is amended to read:

AB649,88,25 196.374 (4) (a) 2. Shall provide services to utility customers target fuel users on a nondiscriminatory basis and subject to a customer's user's choice.

AB649, s. 122 Section 122. 196.374 (4) (b) of the statutes is amended to read:

AB649,89,9 196.374 (4) (b) An energy utility that provides financing under an energy efficiency program under sub. (2) (b) 1. or 2. a utility-administered or supplemental utility program for installation, by a customer, of energy efficiency or renewable resource processes, equipment, or appliances, or an affiliate of such a utility, may not sell to or install for the customer those processes, equipment, appliances, or related materials. The customer shall acquire the installation of the processes, equipment, appliances, or related materials from an independent contractor of the customer's choice.

AB649, s. 123 Section 123. 196.374 (5) (a) of the statutes is amended to read:

AB649,89,14 196.374 (5) (a) Rate-making orders. The commission shall ensure in rate-making orders that an energy utility recovers from its ratepayers the amounts the energy utility spends for pays for statewide, utility-administered, and supplemental utility programs under sub. (2) (a) 1.

AB649, s. 124 Section 124. 196.374 (5) (bm) 3. of the statutes is repealed.

AB649, s. 125 Section 125. 196.374 (5) (d) of the statutes is amended to read:

AB649,89,21 196.374 (5) (d) Equitable contributions. Subject to pars. (b) and (bm) 2., the commission shall ensure that the cost of energy efficiency and renewable resource the statewide and utility-administered programs is equitably divided among customer classes so that similarly situated ratepayers contribute equivalent amounts for the programs.

AB649, s. 126 Section 126. 196.374 (5m) (a) of the statutes is amended to read:

AB649,90,6 196.374 (5m) (a) The Except as provided in par. (am), the commission shall ensure that, on an annual basis, each customer class of an energy utility has the opportunity to receive grants and benefits under energy efficiency the statewide and utility-administered programs in an amount equal to the amount that is recovered from the customer class under sub. (5) (a). Biennially, the commission shall submit a report to the governor, and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), that summarizes the total amount recovered from each customer class and the total amount of grants made to, and benefits received by, each customer class.

AB649, s. 127 Section 127. 196.374 (5m) (am) of the statutes is created to read:

AB649,90,13 196.374 (5m) (am) The commission may allow a customer class of an energy utility the opportunity to receive grants and benefits under the statewide and utility-administered programs in an amount that is not equal to the amount recovered from the customer class under sub. (5) (a), but only if the commission finds that the allowance is in the public interest and promotes the cost-effective achievement of a goal established under sub. (3) (bn) 1. e. or 2. c.

AB649, s. 128 Section 128. 196.374 (5m) (b) of the statutes is amended to read:

AB649,90,21 196.374 (5m) (b) The commission shall ensure that customers target fuel users throughout the state have an equivalent opportunity to receive the benefits of the statewide and utility-administered programs under sub. (2) (a) 1. and (b) 1. The commission shall ensure that the statewide programs are designed to ensure that retail customers target fuel users in areas not served by utility-administered programs under sub. (2) (b) 1. receive equivalent opportunities as those in areas served by utility-administered programs under sub. (2) (b) 1.

AB649, s. 129 Section 129. 196.374 (6) of the statutes is amended to read:

AB649,91,3 196.374 (6) Annual statements. Annually, the commission shall prepare a statement that describes the statewide, utility-administered, supplemental utility, and large energy customer programs under sub. (2) (a) 1., (b) 1. and 2., and (c), and ordered programs, administered or funded by the energy utility and presents cost and benefit information for those programs. An energy utility shall provide each of its customers with a copy of the statement.

AB649, s. 130 Section 130. 196.374 (7) (a) of the statutes is repealed.

AB649, s. 131 Section 131. 196.374 (7) (am) of the statutes is created to read:

AB649,91,10 196.374 (7) (am) Quadrennial funding of goals. Except as provided in par. (bg), in each year of the quadrennium following the proceeding under sub. (3) (bc), each municipal utility and retail electric cooperative shall spend the amount determined by the municipal utility or retail electric cooperative under sub. (3) (br) 2. for that year on the following:

AB649,91,13 1. Commitment to community programs administered individually by the municipal utility or retail electric cooperative or jointly by the municipal utility or retail cooperative and other municipal utilities or retail electric cooperatives.

AB649,91,16 2. Contracts with a statewide programs contractor to administer commitment to community programs in the service territory of the municipal utility or retail electric cooperative.

AB649,91,19 3. Contracts with a wholesale supplier to administer commitment to community programs in the service territory of the municipal utility or retail electric cooperative.

AB649,91,21 4. Any combination of commitment to community programs or contracts under subds. 1. to 3.

AB649, s. 132 Section 132. 196.374 (7) (b) (title) of the statutes is renumbered 196.374 (7) (br) (title).

AB649, s. 133 Section 133. 196.374 (7) (b) 1. of the statutes is renumbered 196.374 (7) (br) and amended to read:

AB649,92,5 196.374 (7) (br) Except as provided in subd. 2., each retail electric cooperative and municipal utility shall spend the fees that it charges under par. (a) on commitment to community programs. The purpose of the commitment to community programs under this paragraph shall be to help achieve environmentally sound and adequate energy supplies at reasonable cost.

AB649, s. 134 Section 134. 196.374 (7) (b) 2. of the statutes is repealed.

AB649, s. 135 Section 135. 196.374 (7) (bg) of the statutes is created to read:

AB649,92,13 196.374 (7) (bg) Wholesale supplier assignments. A municipal utility or retail electric cooperative may assign to a wholesale supplier the duty to achieve a goal determined for the municipal utility or retail electric cooperative under sub. (3) (bn) 1. f. for a regulated fuel. If a wholesale supplier accepts an assignment, the wholesale supplier shall notify the commission. A wholesale supplier that accepts an assignment shall do all of the following:

AB649,92,14 1. Determine the amount of funds necessary to achieve the assigned goal.

AB649,92,17 2. Spend the amount determined under subd. 1. in administering commitment to community programs on behalf of the municipal utility or retail electric cooperative.

AB649,92,19 3. Prepare and provide statements on behalf of the municipal utility or retail electric cooperative under par. (dm).