AB34,20
9Section
20. 196.378 (2) (a) 2. e. of the statutes is amended to read:
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196.378
(2) (a) 2. e. For each year after 2015, each electric provider may not
11decrease its renewable
and advanced energy percentage below the electric provider's
12renewable
and advanced energy percentage required under subd. 2. d.
AB34,21
13Section
21. 196.378 (2) (b) 5. of the statutes is amended to read:
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196.378
(2) (b) 5. An electric provider that purchases renewable
or advanced 15energy from a renewable
or advanced energy supplier may use an allocated share of
16the renewable
or advanced energy sold by the renewable
or advanced energy supplier
17to comply with a requirement under par. (a) 2. or to create a credit under sub. (3) (a),
18provided that the cost of the renewable
or advanced energy is included in the price
19the electric provider paid the renewable
or advanced energy supplier.
AB34,22
20Section
22. 196.378 (2) (bm) of the statutes is amended to read:
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196.378
(2) (bm) Each electric provider shall annually retire
renewable 22resource credits sufficient to satisfy the electric provider's renewable
and advanced 23energy percentage required under par. (a) 2.
AB34,23
24Section
23. 196.378 (2) (c) of the statutes is amended to read:
AB34,7,15
1196.378
(2) (c) No later than April 15 annually, or another annual date specified
2by the commission by rule, an electric provider shall submit a report to the
3commission that identifies the electric provider's renewable
and advanced energy
4percentage for the previous year and describes the electric provider's compliance
5with par. (a) 2. and the electric provider's implementation plans for future
6compliance. Reports under this paragraph may include certifications from
7renewable
and advanced energy suppliers regarding the sources and amounts of
8renewable
and advanced energy supplied to the electric provider. The commission
9may specify the documentation that is required to be included with reports
10submitted under this paragraph. The commission may require that electric
11providers submit the reports in a proceeding, initiated by the commission under this
12section relating to the implementation of s. 1.12, or in a proceeding for preparing a
13strategic energy assessment under s. 196.491 (2). No later than 90 days after the
14commission's receipt of an electric provider's report, the commission shall inform the
15electric provider whether the electric provider is in compliance with par. (a) 2.
AB34,24
16Section
24. 196.378 (2) (d) (intro.) of the statutes is amended to read:
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196.378
(2) (d) (intro.) The commission shall allow an electric utility to recover
18from ratepayers the cost of providing total renewable
and advanced energy to its
19retail customers in amounts that equal or exceed the percentages specified in par. (a).
20Subject to any approval of the commission that is necessary, an electric utility may
21recover costs under this paragraph by any of the following methods:
AB34,25
22Section
25. 196.378 (2) (d) 2. of the statutes is amended to read:
AB34,7,2423
196.378
(2) (d) 2. Establishing alternative price structures, including price
24structures under which customers pay a premium for renewable
or advanced energy.
AB34,26
25Section
26. 196.378 (2) (e) 2. of the statutes is amended to read:
AB34,8,6
1196.378
(2) (e) 2. Notwithstanding reasonable efforts to protect against
2unreasonable increases in rates of the applicant's ratepayers or members,
3compliance with the deadline will result in unreasonable increases in rates of the
4applicant's ratepayers or members, including increases that are due to the
5discontinuation of federal renewable
or advanced energy tax credits or other federal
6policies intended to reduce the acquisition costs of renewable
or advanced energy.
AB34,27
7Section
27. 196.378 (2) (e) 3. of the statutes is amended to read:
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196.378
(2) (e) 3. Notwithstanding reasonable efforts to obtain required
9approvals, the applicant cannot comply with the deadline because the applicant or
10a supplier has experienced or will experience delays in receiving required siting or
11permitting approvals for renewable
or advanced energy projects.
AB34,28
12Section
28. 196.378 (2) (e) 4. of the statutes is amended to read:
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196.378
(2) (e) 4. Notwithstanding reasonable efforts to secure transmission
14service, the applicant cannot comply with the deadline because the applicant faces
15transmission constraints that interfere with the economic and reliable delivery of
16renewable
or advanced energy to the applicant's system.
AB34,29
17Section
29. 196.378 (3) (title) of the statutes is amended to read:
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196.378
(3) (title)
Renewable resource Resource credits.
AB34,30
19Section
30. 196.378 (3) (a) 1. of the statutes is amended to read:
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196.378
(3) (a) 1. Each megawatt hour of an electric provider's total renewable
21and advanced energy creates one
renewable resource credit for the electric provider.
22Subject to subd. 2., an electric provider that exceeds its renewable
and advanced 23energy percentage required under sub. (2) (a) 2. may, in the applicable year, bank any
24excess
renewable resource credits or any portion of any excess
renewable resource
25credit for use in a subsequent year or sell any excess
renewable resource credits or
1any portion of any excess
renewable resource credit to any other electric provider at
2any negotiated price. An electric provider that creates or purchases a
renewable 3resource credit or portion may use the credit or portion, as provided under par. (c),
4to establish compliance with sub. (2) (a) 2. The commission shall promulgate rules
5that establish requirements for the creation and use of a
renewable resource credit
6created on or after January 1, 2004, including calculating the amount of a
renewable 7resource credit, and for the tracking of
renewable resource credits by a regional
8renewable resource credit tracking system. The rules shall specify the manner for
9aggregating or allocating credits under this subdivision or sub. (2) (b) 4. or 5.
AB34,31
10Section
31. 196.378 (3) (a) 1m. of the statutes is amended to read:
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196.378
(3) (a) 1m. The commission shall promulgate rules that allow an
12electric provider or customer or member of an electric provider to create a
renewable 13resource credit based on use in a year by the electric provider, customer, or member
14of solar energy, including solar water heating and direct solar applications such as
15solar light pipe technology; wind energy; hydroelectric energy; geothermal energy;
16biomass; biogas; synthetic gas created by the plasma gasification of waste; densified
17fuel pellets described in sub. (1) (h) 1. i.; or fuel described in sub. (1) (h) 1. j.; but only
18if the use displaces the electric provider's, customer's, or member's use of electricity
19that is derived from conventional resources, and only if the displacement is verifiable
20and measurable, as determined by the commission. The rules shall allow an electric
21provider, customer, or member to create a
renewable resource credit based on 100
22percent of the amount of the displacement. The rules may not allow an electric
23provider to create
renewable resource credits under this subdivision based on
24renewable
or advanced energy upon which
renewable resource credits are created
25under subd. 1. The rules may also not allow an electric provider to create
renewable
1resource credits under this subdivision based on hydroelectric energy that is not
2eligible for creating
renewable resource credits under subd. 1.
AB34,32
3Section
32. 196.378 (3) (a) 2. of the statutes is amended to read:
AB34,10,114
196.378
(3) (a) 2. The commission shall promulgate rules for calculating the
5amount of a
renewable resource credit that is bankable from a renewable
or
6advanced facility placed into service before January 1, 2004. The amount of a
7bankable
renewable resource credit created on or after January 1, 2004, from such
8a renewable
or advanced facility, except a renewable
or advanced facility owned by
9a retail customer of an electric provider, is limited to the incremental increase in
10output from the renewable
or advanced facility that is due to capacity improvements
11made on or after January 1, 2004.
AB34,33
12Section
33. 196.378 (3) (c) of the statutes is amended to read:
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196.378
(3) (c) A
renewable resource credit created under s. 196.378 (3) (a),
142003 stats., may not be used after December 31, 2011.
A renewable resource credit
15created under par. (a) 1., 1m., or 2. may not be used after the 4th year after the year
16in which the credit is created, except the commission may promulgate rules
17specifying a different period of time if the commission determines that such period
18is necessary for consistency with any regional renewable resource credit trading
19program that applies in this state.
AB34,34
20Section
34. 196.378 (4m) (title) of the statutes is amended to read:
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196.378
(4m) (title)
Additional renewable resources requirements.
AB34,35
22Section
35. 196.378 (4m) (a) of the statutes is amended to read:
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196.378
(4m) (a) The commission may not impose on an electric provider any
24requirement that increases the electric provider's renewable
and advanced energy
25percentage beyond that required under sub. (2) (a) 2. If an electric provider is in
1compliance with the requirements of sub. (2) (a) 2., the commission may not require
2the electric provider to undertake, administer, or fund any other renewable
or
3advanced energy program. This paragraph does not limit the authority of the
4commission to enforce an electric provider's obligations under s. 196.374.
AB34,36
5Section
36. 196.378 (4m) (b) of the statutes is amended to read:
AB34,11,96
196.378
(4m) (b) An electric utility may, with commission approval, administer
7or fund a program that increases the electric utility's renewable
and advanced 8energy percentage beyond that required under sub. (2) (a) 2. The commission may
9not order an electric utility to administer or fund a program under this paragraph.
AB34,37
10Section
37. 196.378 (4r) of the statutes is amended to read:
AB34,11,1711
196.378
(4r) Reports. No later than July 1 of each even-numbered year, the
12commission shall submit a report to the governor and chief clerk of each house of the
13legislature for distribution to the legislature under s. 13.172 (2) that evaluates the
14impact of the requirements of this section on the rates and revenue requirements of
15electric providers and compares that impact with the impact that would have
16occurred if renewable
and advanced energy practices of electric providers were
17subject to market forces in the absence of the requirements of this section.
AB34,38
18Section
38. 196.378 (5) (intro.) of the statutes is amended to read:
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196.378
(5) Penalty. (intro.) Any person who violates sub. (2) or any renewable
20or advanced energy supplier who provides an electric provider with a false or
21misleading certification regarding the sources or amounts of renewable
or advanced 22energy supplied at wholesale to the electric provider shall forfeit not less than $5,000
23nor more than $500,000. Forfeitures under this subsection shall be enforced by
24action on behalf of the state by the attorney general. A court imposing a forfeiture
1under this subsection shall consider all of the following in determining the amount
2of the forfeiture: