(5) Nothing in this chapter obligates the owner of a non-electric displacement facility to permit the electric provider to create RRCs from the facility.
SECTION 16. PSC 118.06 (2) (b) is amended to read:
PSC 118.06 (2) (b) Create an account for each certified renewable facility or certified non-electric displacement facility that participates in the tracking system and requests a separate account.
SECTION 17. PSC 118.06 (2) (c) 1. is amended to read:
PSC 118.06 (2) (c) 1. Its electric provider's
tracking system account number.
SECTION 18. PSC 118.06 (2) (cm) (intro.) and 1. are amended to read:
PSC 118.06 (2) (cm) (intro.) Upon request by the commission, register each non-electric displacement facility the commission has certified, including the following data about the facility:
1. Its electric provider's tracking system account number.
SECTION 19. PSC 118.06 (2) (d) 1m. is amended to read:
PSC 118.06 (2) (d) 1m. Issues a unique electronic certificate for each MWh of conventional electricity displaced by a certified
non-electric displacement facility that complies with ss.
PSC 118.03 and
118.04, as calculated under s.
PSC 118.09. The certificate shall identify which
non-electric displacement facility displaced the MWh, when the facility operated, and any other characteristics the commission finds necessary.
SECTION 20. PSC 118.06 (2) (em) is amended to read:
PSC 118.06 (2) (em) Audit registered non-electric facilities displacement facilities, as needed, to verify the amount of displaced conventional electricity.
SECTION 21. PSC 118.06 (5) is amended to read:
PSC 118.06 (5) An electric provider may not use renewable energy from a decertified renewable facility to meet the electric provider's minimum percentage requirement under s.
196.378 (2) (a), Stats., that was produced after the facility is decertified. The program administrator may not issue RRCs for energy from a decertified renewable facility that was produced after the facility is decertified. The program administrator may not issue RRCs for conventional electricity displaced by the operation of a decertified
non-electric displacement facility which displacement occurred after the facility is decertified.
SECTION 22. PSC 118.08 (3) and (4) are created to read:
PSC 118.08 (3) An electric provider or customer or member of an electric provider may not create RRCs for displaced conventional electricity based on the use of a facility for which RRCs are created under s.
196.378 (3) (a) 1., Stats.
(4) An electric provider or customer or member of an electric provider may not create RRCs for displaced conventional electricity based on hydroelectric energy for which an electric provider is permitted to use the average amount of hydroelectric power generated by the facility under s.
196.378 (2) (b) 1m. a., Stats.
SECTION 23. PSC 118.09 (1) to (7) are amended to read:
PSC 118.09 (1) For each calendar year, the commission shall, by order, determine the percentage of electricity from conventional resources for the entire state for purposes of calculating the amount of an a RRC to be created for displaced conventional electricity. The commission shall base this determination on the annual average mix of resources used to generate electricity in the entire area served by the Midwest Independent Transmission System Operator. The commission may, by order, also establish a different percentage for a specific type of non-electric displacement facility if its seasonal or daily operating characteristics justify a percentage that differs from the annual average percentage.
(2) The commission may, by order, establish a displacement formula for any type of non-electric displacement facility. The commission shall base any such formula on a calculation of the minimum amount of displaced electricity that would be expected in a typical calendar year under realistic operating conditions. The commission shall provide an opportunity for public comment on any such formula before the formula is established.
(3) For each calendar year, the electric provider or the user of, customer or member seeking to create RRCs from a non-electric certified displacement facility shall determine the net amount of electricity displaced by the non-electric displacement facility, using site-specific information and either the applicable formula established under sub. (2) or by subtracting the amount of electricity used by the non-electric displacement facility from the amount of electricity that would have been used for the same purposes by the electric device or electric service that was replaced by the non-electric displacement facility or that was used less due to the use of the non-electric displacement facility.
(4) If the value under sub. (3) is less than zero, the electric provider, customer or member may not create any RRCs for the non-electric displacement facility for that calendar year.
(5) The amount of conventional electricity displaced by a non-electric displacement facility in a calendar year is equal to the net amount of displaced electricity determined under sub. (3), multiplied by the applicable percentage of electricity in that calendar year that is from conventional resources as determined under sub. (1).
(6) The electric provider or the user of, customer or member creating RRCs from a non-electric displacement facility shall maintain at least three years of historical documentation of all information used in the determination made under sub. (3).
(7) For each non-electric displacement facility for which an electric provider, customer or member is creating RRCs, the electric provider, customer or member shall submit information to the commission to support its determination under sub. (3) at least annually. The commission may specify the timing and method for submitting information under this subsection. Determinations under sub. (3) are subject to the commission's review and verification.
SECTION 24. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s.
227.22 (2) (intro.), Stats.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA 2049 (R 07/2011)
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
Administrative Rule Chapter, Title, and Number
|
Chapter PSC 118 Renewable resource credit tracking program.
|
Subject
|
Result of Statutory Changes Adopted in 2011 Wisconsin Act 155 Pertaining to Renewable Resource Credits.
|
Fund Sources Affected
|
Chapter 20 , Stats. Appropriations Affected
|
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
|
|
Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
⍽
State's Economy
⍽
Local Government Units
|
⍽
Specific Businesses/Sectors
⍽
Public Utility Rate Payers
|
Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽
Yes X No
|
Policy Problem Addressed by the Rule
|
The objective of the rulemaking is to amend relevant sections of ch. PSC 118 relating to renewable resource credits (RRCs) as a result of statutory changes adopted in 2011 Wisconsin Act 155, effective April 10, 2012.
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units, and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
This rulemaking is expected to have no or minimal financial impact. All electric providers, customers or members of an electric provider, and renewable energy developers seeking to create renewable resource credits will be favorably impacted by this change, offering greater opportunities to create renewable resource credits. There is no anticipated impact on utility ratepayers.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Under this rulemaking, a customer or member of an electric provider may create a RRC for conventional electricity displaced by the use of a displacement facility. Previously, only the electric provider could create a RRC. There is no alternative to implementing this rulemaking because the changes reflect the statutory changes adopted in 2011 Wisconsin Act 155, effective April 10, 2012.
|
Long Range Implications of Implementing the Rule
|
More RRCs will be available in the market, and can be used to meet Wisconsin's renewable portfolio standard.
|
Compare With Approaches Being Used by Federal Government
|
There is no federal renewable portfolio standard, so no comparison can be made.
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Illinois
Under Ill. Stat. ch. 220 § 5/16-107.5 (net metering), a retail customer that owns or operates a solar, wind, or other eligible renewable electrical generating facility with a rated capacity of not more than 2,000 kilowatts that is located on the customer's premises and is intended primarily to offset the customer's own electrical requirements is treated as owning and having title to the renewable energy attributes, renewable energy credits (RECs), and greenhouse gas emission credits related to any electricity produced by the qualified generating unit.
Iowa
Iowa state law does not address ownership of RECs for net-metering customers.
Michigan
A customer or member of an electric provider may generate or own a REC, providing that the facility is certified through the Michigan Renewable Energy Certification System (MIRECS). MIRECS is a tracking system similar to M-RETS. The Michigan Public Service Commission has also identified a REC aggregator who will aggregate like renewable energy that may then be purchased from retail customers or members.
Minnesota
Ownership of RECs where ownership is not addressed in power purchase agreements is not established under Minnesota Public Utility Commission rules or order; instead utilities must pursue negotiations and settlements with the owners of generation units.
|
Name and Phone Number of Contact Person
|
Lisa Farrell 608-267-9086
|
Notice of Hearing
Safety and Professional Services
Safety, Buildings, and Environment — General Part I, Chs.
SPS 301-
319
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in s.
101.82 (1), Wis. Stats., and interpreting s.
101.82 (1), Wis. Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal ss.
SPS 316.210 (a) and
(c) and
(5) and
316.225 (1); to renumber ss.
SPS 316.210 (2) (b) and
(6),
316.225 (2),
(3) (b),
(4) and
(5), and
315.230 (5); to renumber and amend ss.
SPS 316.225 (3) (a) and
316.230 (3) and
(4); to amend ss.
SPS 316.004 (1),
316.005 Note [2], s.
SPS 316.009 Note, s.
SPS 316.010,
316.022,
316.090 (title),
316.110,
316.220 (1),
316.310 (title) and (intro.),
316.314 (title),
316.334 (2) (title),
316.400 (title),
316.450 (title) and
(1),
316.511 (title),
316.620 (title),
316.675,
316.680 (title), and
316.700 (1) (intro.) and
(3); to repeal and recreate ss.
SPS 316.007,
316.210 (4),
316.250 (1), and
316.406, and to create s.
SPS 316.023 Note, ss.
SPS 316.210 (6),
316.300 (1) (a) 5., and
316.547 relating to electrical construction.
Hearing Information
Date: June 27, 2013
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
Room 121B
Madison, Wisconsin
Appearances at the hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions, and argument in writing as well. Facts, opinions, and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708 or emailed to
jim.quast@wisconsin.gov.
Written Comments
Comments may be submitted to James Quast, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to
jim.quast@wisconsin.gov. Comments must be received on or before July 5, 2013 to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to James Quast, Program Manager, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
jim.quast@wisconsin.gov or on the Department's website at
http://dsps.wi.gov.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
101.82 (1), Stats., grants the Department of Safety and Professional Services general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the installation, repair and maintenance of electrical wiring. In addition, the statutes read, “Where feasible, the rules shall reflect nationally recognized standards."
Related statute or rule
•
Chapters
SPS 361 to
366, Wisconsin Commercial Building Code.
•
Chapters
SPS 320 to
325 of the Uniform Dwelling Code.
•
Chapter
PSC 114, Public Service Commission.
Plain language analysis
The primary revisions to Chapter
SPS 316 are to adopt the most current edition of the
National Electrical Code
® (NEC®). In addition to bringing the state electrical code up to date with modern technology, the proposed revisions clarify or supplement the electrical standards contained in the 2011 edition of the
NEC®. The proposed rules contain a number of modifications to the technical requirements within these standards, reorganization of current requirements and editorial changes. The following is a summary of the major proposed changes to this chapter:
a.
Adopt by reference the most current edition of the NEC® and include correct cross-references to this standard. [SPS 316.007]
b. Exclude the NEC® requirements for arc-fault circuit-interrupter (AFCI) protection on replacement of receptacles because of the NEC®'s delayed effective date (January 1, 2014). Wisconsin will wait a code cycle for product availability and for the resolution of issues that the new AFCI requirements will create. [SPS 316.210 (4) and SPS 316.406]
c. Amend or repeal several Wisconsin modifications that reference the NEC® because of changes in the 2011 edition.
Summary of, and comparison with, existing or proposed federal regulations
There are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the NEC®. An internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to the activities to be regulated by this rule:
•
Title 29 CFR, Part 1910 — Occupational Safety and Health Standards. Subpart S of this regulation in the Department of Labor contains design safety standards for electrical systems, safety-related work practices and maintenance requirements, and safety requirements for special electrical equipment to safeguard employees in their workplaces. Subpart R contains industrial lighting requirements and safe practices relating to lockouts and emergency lighting requirements for the safety of employees working in special industries.
•
Title 29 CFR, Part 1926 — Safety and Health Regulations for Construction. Subpart K of this regulation in the Department of Labor contains installation safety requirements, safety-related practices, safety-related maintenance and environmental considerations, and safety requirements for special equipment necessary to safeguard employees involved in construction work.
•
Title 30 CFR, Part 75 — Mandatory Safety Standards — Underground Coal Mines. Subpart F of this regulation in the Department of Labor contains electrical safety requirements for the protection of employees working in underground coal mines.
•
Title 30 CFR, Part 57 — Safety and Health Standards — Underground Metal and Nonmetal Mines. Subpart K of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines.
•
Title 24 CFR, Part
3280 —
Manufactured Home Construction and Safety Standards. Subpart I of this regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 2005
NEC®.
•
Title 7 CFR, Part 1755 — Telecommunications Standards and Specifications for Materials, Equipment, and Construction. This regulation in the Department of Agriculture applies to telecommunications wiring and equipment, and requires compliance with the
NEC®.
The Occupational Safety and Health Administration (OSHA) revised the general industry electrical installation standard found in Subpart S of Title 29 CFR, Part
1910, effective on August 13, 2007. The Agency determined that electrical hazards in the workplace pose a significant risk of injury or death to employees, and that the requirements in the revised standard, which draw heavily from the National Fire Protection Association's (NFPA) Electrical Safety Requirements for Employee Workplaces (NFPA 70E), and the
NEC®, are reasonably necessary to provide protection from these hazards. This revised standard focuses on safety in the design and installation of electric equipment in the workplace. In the October 29, 2008,
Federal Register, the Agency revised the regulatory text to clarify OSHA's scope and corrected some typographical errors.
Comparison with rules in adjacent states
An Internet-based search found that all adjacent states except Illinois adopt by reference various editions of the NEC®.
•
Illinois does not administer a state electrical code.
•
The Iowa Department of Public Safety administers the Iowa Building Code that adopts the 2011 edition of the NEC® with modifications.
•
The Michigan Department of Labor and Economic Growth administers the Michigan Construction Code that adopts by reference the 2008 edition of the NEC
® with modifications.
•
The Minnesota Department of Labor and Industry, Building Codes and Standards Division, administers the Minnesota State Building Code that incorporates by reference the 2011 edition of the NEC®.
Summary of factual data and analytical methodologies
The primary methodology for updating the Wisconsin Electrical Code, ch.
SPS 316 has been a review and assessment of the latest edition of the national technical standards that serve as the basis for Wisconsin code. Staff compared the changes in the 2011 edition of the
NEC
® to the 2008 edition currently adopted under ch.
SPS 316 and solicited code change proposals.
The department's review and assessment process involved the participation of the Electrical Code Advisory Council. The members of that Council represent the many stakeholders involved in the electrical industry including utility representatives, inspectors, labor and building contractors. The Council reviewed and discussed 37 code change proposals at its meetings.
The department believes the national model codes reflect current societal values with respect to safeguarding people and property from hazards arising from the use of electricity.
The 2011 edition of NFPA 70®, NEC®is the most adopted code in the United States. Part of the National Fire Codes series published by the National Fire Protection Association (NFPA), the 2011 NEC® sets the benchmark for safe electrical design, installation, and inspection. The NEC® is developed by NFPA's committee on the National Electrical Code, which consists of 20 code-making panels and a technical correlating committee. The NEC® is approved as an American National Standard by the American National Standards Institute (ANSI). First published in 1897, the NEC® is updated and published every 3 years. Most states adopt the most recent edition within a year of its publication to safeguard people and property.
More information on the development of this national model code may be obtained from the NFPA web site at
www.nfpa.org or from the
NEC® web site at
www.necplus.org.
The Department has ensured the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The department used the Electrical Code Advisory Council to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the NEC®. Many small businesses belong to the industry associations that sit on the advisory council. A responsibility of council members is to bring forth concerns that their respective organizations may have with the requirements including economic impact.
The proposed rule changes also were shared with the Commercial Buildings Code Council, Uniform Dwelling Code Council and Multifamily Dwelling Code Council.
In addition to posting rule development and council activities on the department's web site, the department offers an email subscription service that is available to all small businesses and concerned interests. This service provides email notification of council meetings, meeting agendas, and council meeting progress reports so interested parties can follow proposed code changes.
Adopting the most current edition of the NEC® will not impose a significant impact on small businesses involved in the inspection, maintenance, service, and installation of electrical wiring.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Initial Regulatory Flexibility Analysis or Summary
The proposed rules update the Electrical Code, ch.
SPS 316, to reference the 2011 edition of the
National Electrical Code®. Currently, the Electrical Code references the 2008 edition.
No reporting, bookkeeping, and other procedures required for compliance with the rules.
No professional skills are required for compliance with the rules above those needed under the current rules.
