SB450,69,1917
101.80
(1j) "Electricity provider" means a public utility, an electric cooperative,
18or a wholesale merchant plant operator
, or, beginning on the date specified in the
19notice published under s. 196.493 (3) (b), a nonutility nuclear power plant operator.
SB450, s. 56
20Section
56. 101.80 (2m) of the statutes is created to read:
SB450,69,2321
101.80
(2m) "Nonutility nuclear power plant operator" means the operator of
22a nonutility nuclear power plant, as defined in s. 196.491 (1) (i). This subsection
23takes effect on the date specified in the notice published under s. 196.493 (3) (b).
SB450, s. 57
24Section
57. 110.20 (1) (b) of the statutes is amended to read:
SB450,70,4
1110.20
(1) (b) "Nonexempt vehicle" means any motor vehicle as defined under
2s. 340.01 (35) which is owned by the United States or which is required to be
3registered in this state and
to which one or more emission limitations adopted under
4s. 285.30 (2) applies which is not exempt under sub. (14m).
SB450, s. 58
5Section
58. 110.20 (3) (a) of the statutes is amended to read:
SB450,70,96
110.20
(3) (a) The inspection and maintenance program shall be designed to
7determine compliance with the emission limitations promulgated under s. 285.30 (2)
8or with emission limitations under s. 285.305 (1) or (2), for motor vehicles subject to
9those emission limitations, and compliance with s. 285.30 (6).
SB450, s. 59
10Section
59. 196.025 (1) (ag) 1. of the statutes is renumbered 196.025 (1) (ag)
111r.
SB450, s. 60
12Section
60. 196.025 (1) (ag) 1g. of the statutes is created to read:
SB450,70,1413
196.025
(1) (ag) 1g. "Municipal utility" has the meaning given in s. 16.957 (1)
14(q).
SB450, s. 61
15Section
61. 196.025 (1) (b) 1. of the statutes is renumbered 196.025 (1) (b) 1.
16(intro.) and amended to read:
SB450,70,2117
196.025
(1) (b) 1. (intro.) In a proceeding in which an
investor-owned electric
18public utility is a party, the commission shall not order or otherwise impose energy
19conservation or efficiency requirements on the
investor-owned electric public utility
20if the commission has fulfilled all of its duties under s. 196.374 and
the
21investor-owned any of the following is satisfied:
SB450,70,23
22a. The electric public utility has satisfied the requirements of s. 196.374 for the
23year prior to commencement of the proceeding, as specified in s. 196.374 (8)
(d).
SB450, s. 62
24Section
62. 196.025 (1) (b) 1. b. of the statutes is created to read:
SB450,71,6
1196.025
(1) (b) 1. b. If the electric public utility is a municipal utility, the
2commission determines under s. 196.374 (8) that the electric public utility has, on
3average over the 4 years preceding the commencement of the proceeding, met, in the
4aggregate, the goals established under s. 196.374 (3) (bn) 1. f. for the electric public
5utility or the commission determines that the electric public utility has made a good
6faith effort to meet the goals during such 4-year period.
SB450, s. 63
7Section
63. 196.025 (1) (b) 2. of the statutes is amended to read:
SB450,71,228
196.025
(1) (b) 2. In a proceeding in which a wholesale supplier
that has
9accepted an assignment from a municipal utility or retail electric cooperative under
10s. 196.374 (7) (bg) is a party, the commission shall not order or otherwise impose
11energy conservation or efficiency requirements on the wholesale supplier
or any
12municipal utility or retail electric cooperative that made the assignment if the
13commission has fulfilled all of its duties under s. 196.374 and the
wholesale
14supplier's members are in the aggregate substantially in compliance with s. 196.374
15(7) commission determines under s. 196.374 (8) that the wholesale supplier or all
16municipal utilities or retail electric cooperatives from which the wholesale supplier
17has accepted assignment have, on average over the 4 years preceding the
18commencement of the proceeding, met, in the aggregate, the goals established under
19s. 196.374 (3) (bn) 1. f. for the municipal utilities or retail electric cooperatives or the
20commission determines that the wholesale supplier, municipal utilities, or retail
21electric cooperatives have made a good faith effort to meet the goals during such
22four-year period.
SB450, s. 64
23Section
64. 196.025 (1) (c) 1. of the statutes is amended to read:
SB450,72,624
196.025
(1) (c) 1. In a proceeding in which an
investor-owned electric public
25utility is a party, the commission shall not order or otherwise impose any renewable
1resource requirements on the
investor-owned electric public utility if the
2commission has fulfilled all of its duties under s. 196.378 and the commission has
3informed the utility under s. 196.378 (2) (c)
2. that, with respect to the most recent
4report submitted under s. 196.378 (2) (c)
1., the utility is in compliance with the
5requirements of s. 196.378 (2) (a) 2.
This subdivision does not limit the authority of
6the commission to enforce a public utility's obligations under s. 196.374 or 196.379.
SB450, s. 65
7Section
65. 196.025 (1) (c) 2. of the statutes is amended to read:
SB450,72,128
196.025
(1) (c) 2. In a proceeding in which a wholesale supplier is a party, the
9commission shall not order or otherwise impose any renewable resource
10requirements on the wholesale supplier if the commission has fulfilled all of its
11duties under s. 196.378 and the wholesale supplier's members
or customers are in
12the aggregate substantially in compliance with s. 196.378 (2).
SB450, s. 66
13Section
66. 196.025 (1) (c) 3. of the statutes is created to read:
SB450,72,1714
196.025
(1) (c) 3. The commission shall give priority in the scheduling of its
15business to the consideration of applications for a certificate of authority under s.
16196.49, or a certificate of public convenience and necessity under s. 196.491 (3), for
17a proposed renewable facility, as defined in s. 196.378 (1r) (g).
SB450, s. 67
18Section
67. 196.025 (1) (e) of the statutes is created to read:
SB450,73,219
196.025
(1) (e)
Exercise of regulatory authority. The commission shall exercise
20its regulatory authority to ensure that the maximum reductions in the use of and
21demand for electricity and natural gas are achieved through the implementation of
22cost-effective energy efficiency and conservation programs, utility demand response
23and load management programs, and tariffs designed to reduce energy use, while
24taking account of the costs and benefits for customers and the need to maintain a
1highly reliable system capable of delivering an adequate supply of electricity and
2natural gas at reasonable cost.
SB450, s. 68
3Section
68. 196.025 (2m) (c) of the statutes is amended to read:
SB450,73,144
196.025
(2m) (c) Paragraph (b) does not waive any duty of the commission or
5the department to comply with s. 1.11 or to take any other action required by law
6regarding a project, except that, in the consideration of alternative locations, sites,
7or routes for a project, the commission and the department are required to consider
8only the location, site, or route for the project identified in an application for a
9certificate under s. 196.49 and no more than one alternative location, site, or route;
10and, for a project identified in an application for a certificate under s. 196.491 (3),
11other than an application for a renewable facility, as defined in s. 196.378 (1r) (g), the
12commission and the department are required to consider only the location, site, or
13route for the project identified in the application and one alternative location, site,
14or route.
SB450, s. 69
15Section
69. 196.025 (7) of the statutes is created to read:
SB450,73,1916
196.025
(7) Energy conservation assessment. No later than July 1, 2013, and
17at least every 4 years thereafter, the commission shall prepare and provide to the
18department of natural resources an assessment of progress toward meeting the
19statewide energy conservation goals in s. 299.03 (3m).
SB450, s. 70
20Section
70. 196.25 (1) of the statutes is renumbered 196.25 (1r).
SB450, s. 71
21Section
71. 196.25 (1g) of the statutes is created to read:
SB450,73,2522
196.25
(1g) In this section, "public utility" includes the owner or operator of a
23nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has
24issued a certificate of public convenience and necessity under s. 196.491 (3) on or
25after the date specified in the notice published under s. 196.493 (3) (b).
SB450, s. 72
1Section
72. 196.374 (1) (am) of the statutes is created to read:
SB450,74,52
196.374
(1) (am) "Biomass" means plant material or residue, biological waste,
3or landfill gases. "Biomass" does not include garbage, as defined in s. 289.01 (9), or
4nonbiological industrial, nonbiological commercial, or nonbiological household
5waste.
SB450, s. 73
6Section
73. 196.374 (1) (b) of the statutes is amended to read:
SB450,74,127
196.374
(1) (b) "Commitment to community program" means an energy
8efficiency or load management program
by or on behalf
for regulated fuel usage in
9the service territory of a municipal utility or retail electric cooperative
or a renewable
10resource program involving customer applications of renewable resources that take
11place at the premises of the customers or members of a municipal utility or retail
12electric cooperative.
SB450, s. 74
13Section
74. 196.374 (1) (c) of the statutes is amended to read:
SB450,74,1714
196.374
(1) (c) "Customer application of renewable resources" means the
15generation of energy from renewable resources that takes place on the premises of
16a customer
or member of an energy utility
or, municipal utility
, or
a member of a retail
17electric cooperative.
SB450, s. 75
18Section
75. 196.374 (1) (d) of the statutes is amended to read:
SB450,74,2219
196.374
(1) (d) "Energy efficiency program" means a program for reducing the
20usage or increasing the efficiency of the usage of
energy by a customer or member of
21an energy utility, municipal utility, or retail electric cooperative a target fuel.
22"Energy efficiency program" does not include load management.
SB450, s. 76
23Section
76. 196.374 (1) (dm) of the statutes is created to read:
SB450,74,2524
196.374
(1) (dm) "Energy provider" means an energy utility, municipal utility,
25or retail electric cooperative.
SB450, s. 77
1Section
77. 196.374 (1) (er) of the statutes is created to read:
SB450,75,32
196.374
(1) (er) "Large energy customer program" means a program under sub.
3(2) (c).
SB450, s. 78
4Section
78. 196.374 (1) (f) of the statutes is amended to read:
SB450,75,105
196.374
(1) (f) "Load management program" means a program to allow an
6energy
utility, municipal utility, provider or wholesale
electric cooperative, as
7defined in s. 16.957 (1) (v), retail electric cooperative, or municipal electric company,
8as defined in s. 66.0825 (3) (d), supplier to control or manage daily or seasonal
9customer
or member demand associated with equipment or devices used by
10customers or members.
SB450, s. 79
11Section
79. 196.374 (1) (hm) of the statutes is created to read:
SB450,75,1312
196.374
(1) (hm) "Natural gas" does not include natural gas that is used to
13generate electricity.
SB450, s. 80
14Section
80. 196.374 (1) (i) of the statutes is repealed.
SB450, s. 81
15Section
81. 196.374 (1) (ig) of the statutes is created to read:
SB450,75,1816
196.374
(1) (ig) "Prime supplier" means a person that imports an unregulated
17fuel into this state for sale to a wholesale or retail distributor, or to an end user, for
18use in this state.
SB450, s. 82
19Section
82. 196.374 (1) (ir) of the statutes is created to read:
SB450,75,2020
196.374
(1) (ir) "Regulated fuel" means electricity or natural gas.
SB450, s. 83
21Section
83. 196.374 (1) (j) (intro.) of the statutes is amended to read:
SB450,76,222
196.374
(1) (j) (intro.) "Renewable resource" means a resource that derives
23energy from any source other than coal, petroleum products, nuclear power
or, except
24as used in a fuel cell, natural gas
, or nonbiological industrial, nonbiological
1commercial, or nonbiological household waste. "Renewable resource" includes
2resources deriving energy from any of the following:
SB450, s. 84
3Section
84. 196.374 (1) (j) 8. of the statutes is created to read:
SB450,76,44
196.374
(1) (j) 8. Any other resource designated by the commission by rule.
SB450, s. 85
5Section
85. 196.374 (1) (mb) of the statutes is created to read:
SB450,76,76
196.374
(1) (mb) "Statewide programs" means the statewide energy efficiency
7and renewable resource programs established under sub. (2) (a) 1.
SB450, s. 86
8Section
86. 196.374 (1) (me) of the statutes is created to read:
SB450,76,109
196.374
(1) (me) "Statewide programs contractor" means a person with whom
10energy utilities contract under sub. (2) (a) 1. to administer the statewide programs.
SB450, s. 87
11Section
87. 196.374 (1) (mh) of the statutes is created to read:
SB450,76,1312
196.374
(1) (mh) "Supplemental utility program" means a program under sub.
13(2) (b) 2.
SB450, s. 88
14Section
88. 196.374 (1) (mL) of the statutes is created to read:
SB450,76,1515
196.374
(1) (mL) "Target fuel" means a regulated or unregulated fuel.
SB450, s. 89
16Section
89. 196.374 (1) (mo) of the statutes is created to read:
SB450,76,1817
196.374
(1) (mo) "Total sales" means, with respect to a target fuel, the total
18amount of the target fuel sold at retail in this state as measured in energy units.
SB450, s. 90
19Section
90. 196.374 (1) (mr) of the statutes is created to read:
SB450,76,2120
196.374
(1) (mr) "Unregulated fuel" means liquified petroleum gas or heating
21oil.
SB450, s. 91
22Section
91. 196.374 (1) (mu) of the statutes is created to read:
SB450,76,2423
196.374
(1) (mu) "Utility-administered program" means a program under sub.
24(2) (b) 1.
SB450, s. 92
25Section
92. 196.374 (1) (o) of the statutes is repealed.
SB450, s. 93
1Section
93. 196.374 (2) (a) 1. of the statutes is amended to read:
SB450,77,112
196.374
(2) (a) 1. The energy utilities in this state
shall collectively establish
3and fund statewide energy efficiency and renewable resource programs. The energy
4utilities shall
collectively contract, on the basis of competitive bids, with one or more
5persons to develop and administer
the statewide energy efficiency and renewable
6resource programs.
The utilities may not execute a A contract under this subdivision
7may not be executed unless the commission has approved the contract. The
8commission shall require each energy utility to spend the amount required under
9sub. (3) (b) 2. moneys received by a statewide programs contractor under sub. (3) (bw)
103. and 4. shall be used to fund
the statewide energy efficiency and renewable resource
11programs.
SB450, s. 94
12Section
94. 196.374 (2) (a) 2. (intro.) of the statutes is amended to read:
SB450,77,1813
196.374
(2) (a) 2. (intro.) The purpose of the
statewide programs
under this
14paragraph shall be to help achieve environmentally sound and adequate
energy 15target fuel supplies at reasonable cost, consistent with the commission's
16responsibilities under s. 196.025 (1) (ar)
and (e) and the
energy utilities' obligations
17under this chapter. The
statewide programs shall include, at a minimum, all of the
18following:
SB450, s. 95
19Section
95. 196.374 (2) (a) 2. a. of the statutes is amended to read:
SB450,77,2220
196.374
(2) (a) 2. a. Components to address the
energy target fuel needs of
21residential, commercial, agricultural, institutional, and industrial
energy target fuel 22users and local units of government.
SB450, s. 96
23Section
96. 196.374 (2) (a) 2. b. of the statutes is amended to read:
SB450,78,1024
196.374
(2) (a) 2. b. Components to reduce the
energy target fuel costs incurred
25by local units of government and agricultural producers, by increasing the efficiency
1of
energy target fuel use by local units of government and agricultural producers.
2The commission shall ensure that not less than 10 percent of the moneys
utilities are 3required to spend under subd. 1. or sub. (3) (b) 2.
paid by energy utilities and prime
4suppliers under sub. (3) (bw) 3. and 4. is spent annually on programs under this
5subdivision except that, if the commission determines that the full amount cannot
6be spent on cost-effective programs for local units of government and agricultural
7producers, the commission shall ensure that any surplus funds be spent on programs
8to serve commercial, institutional, and industrial
customers target fuel users. A local
9unit of government that receives assistance under this subd. 2. b. shall apply all costs
10savings realized from the assistance to reducing the property tax levy.
SB450, s. 97
11Section
97. 196.374 (2) (a) 2. d. of the statutes is amended to read:
SB450,78,1312
196.374
(2) (a) 2. d. Initiatives for research and development regarding the
13environmental and economic impacts of
energy target fuel use in this state.
SB450, s. 98
14Section
98. 196.374 (2) (a) 3. of the statutes is amended to read:
SB450,78,1915
196.374
(2) (a) 3. The commission may not require an energy utility to
16administer or fund any energy efficiency or renewable resource program that is in
17addition to the
statewide programs
required under subd. 1. and any ordered program
18of the utility. This subdivision does not limit the authority of the commission to
19enforce an energy utility's obligations under s. 196.378
or 196.379.
SB450, s. 99
20Section
99. 196.374 (2) (b) (title) of the statutes is amended to read:
SB450,78,2121
196.374
(2) (b) (title)
Utility-administered and supplemental utility programs.
SB450, s. 100
22Section
100. 196.374 (2) (b) 1. of the statutes is amended to read:
SB450,79,523
196.374
(2) (b) 1. An energy utility may, with commission approval, administer
24or fund one or more energy efficiency programs
for regulated fuels that is limited to
,
25as determined by the commission, large commercial, industrial, institutional, or
1agricultural customers in its service territory. An energy utility shall pay for a
2program under this subdivision
with by withholding a portion of the amount
it is 3required
to pay to a statewide programs contractor under sub. (3)
(b) 2. (bw) 3., as
4approved by the commission. The commission may not order an energy utility to
5administer or fund a program under this subdivision.
SB450, s. 101
6Section
101. 196.374 (2) (b) 2. of the statutes is amended to read: