16.91(2)
(2) No contract for the purchase of fuel for any state-owned or operated heating or heating and power plant wherein the annual requirement is in excess of 12,500 therms is binding unless purchased upon specifications furnished by the secretary. A contract for fuel may be for any term deemed to be in the best interests of the state, but the term and any provisions for renewal or extension shall be incorporated in the bid specifications and the contract document.
16.91(3)
(3) Payments for fuel delivered under contracts specified in
sub. (2) and for delivery costs shall be made upon vouchers approved by the secretary. Upon being audited and paid, the department shall charge each purchase against the appropriation to the agency which has jurisdiction over the facility at which the fuel is used. The secretary shall report on a quarterly basis to each such agency the total amount of payments charged under this subsection to each of its appropriations and facilities. Approval of the payments by the agency whose appropriation is charged is not required.
16.91 History
History: 1979 c. 34;
1989 a. 31.
16.92
16.92
Purchase of fuel, electricity, heat and chilled water. 16.92(2)
(2) Each agency shall utilize the most cost-effective means of procurement of fuel, electricity, heat and chilled water.
16.92 History
History: 1989 a. 31.
16.93
16.93
Sale of fuel or utility service. 16.93(2)
(2) Except as provided in
sub. (3), any agency, with the approval of the department, may sell fuel, water, sewage treatment service, electricity, heat or chilled water to another agency, a federal agency, a local government or a private entity.
16.93(3)
(3) Prior to contracting for the sale of any fuel or extending any water, sewage treatment, electrical, heating or chilled water service to a new private entity after August 9, 1989, an agency shall contact each public utility that serves the area in which the private entity is located and that is engaged in the sale of the same fuel or utility service. If a public utility so contacted objects to the proposed sale and commits to provide the fuel or service, the agency shall not contract for the sale.
16.93 History
History: 1989 a. 31.
STATE PLANNING AND ENERGY
16.95
16.95
Powers and duties. The department shall, through a system of comprehensive long-range planning, promote the development and the maximum wise use of the energy, natural and human resources of the state. It shall:
16.95(1)
(1) Collect, analyze, interpret and, in cooperation with the other state agencies, maintain the comprehensive data needed for effective state agency planning and effective review of those plans by the governor and the legislature.
16.95(2)
(2) Perform research to evaluate and measure alternative objectives and administrative actions.
16.95(3)
(3) Stimulate and encourage all state agencies to comprehensively plan and advance proposals for their area of state government services, and assist the state agencies to develop a necessary planning capacity.
16.95(4)
(4) Prepare and maintain plans for those state agencies which do not have an adequate planning capacity, at the request and in cooperation with those agencies.
16.95(5)
(5) Advise and assist state agencies in their development and maintenance of comprehensive plans, providing them with technical and program information, and advising them of the impact of related plans of other state agencies.
16.95(6)
(6) Stimulate the consideration and possible use of creative techniques and actions that may better accomplish the objectives of this section.
16.95(7)
(7) Evaluate the plans of all state agencies, identify both duplication and program gaps in the plans and measure the agency plans with the state goals enacted by the governor and the legislature.
16.95(8)
(8) Advise and assist the governor and the legislature in establishing long-range development policies and programs in considering state agency plans with regard to those policies and programs.
16.95(9)
(9) Develop and submit to the governor's office and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate on or before September 1 of each even-numbered year a 5-year and 10-year plan for the resolution of the energy needs of low-income households. The department shall consult with the public service commission, the department of health and family services and other agencies and groups related to low-income energy assistance. The department shall include in each plan, without limitation due to enumeration, items such as target populations, income eligibility, goals and funding.
16.95(10)
(10) Assist in implementing agency plans in accordance with policies and programs established by the governor and the legislature.
16.95(11)
(11) Administer federal planning grants for state planning, when so designated by the governor pursuant to
s. 16.54. The department may contract with other state agencies for the preparation of all or part of a facet of the state plan which is financed in whole or in part by federal planning grants.
16.95(12)
(12) Prepare and maintain contingency plans for responding to critical energy shortages so that when the shortages occur they can be dealt with quickly and effectively.
16.95(13)
(13) Implement the priorities under
s. 1.12 (4) in designing the department's energy programs and in awarding grants or loans for energy projects.
16.95(14)
(14) By rule, establish a standardized method for measuring the energy efficiency of the state's economy to be used in preparing the report under
sub. (15). In establishing the methodology, the department shall consider methodologies currently in use for this purpose, including the methodology used by the world bank.
16.95(15)
(15) Before April 1 annually, submit a report to the legislature under
s. 13.172 (3) regarding progress made in meeting the energy efficiency goal under
s. 1.12 (3) (a).
16.955
16.955
Energy administration. 16.955(1)
(1)
Information. If the governor determines that a disruption of energy supplies poses a serious risk to the economic well-being, health or welfare of the citizens of this state, the governor may issue an order declaring an energy alert. Upon declaration of an energy alert by the governor, the department may issue general or special orders, as defined in
s. 101.01 (7), or promulgate emergency rules under
ch. 227 to compel disclosure of information required for purposes of this section. Any person, or agent of the person, who produces, imports or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who is subject to an emergency rule or general or special order of the department within reasonable time limits specified in the order shall file or furnish such reports, information, data, copies of extracts of originals as the department deems necessary relating to existing and future energy supplies, including but not limited to record of sales in years for 1970 and thereafter, storage capacity, supplies on hand and anticipated supplies, and anticipated demand. To the extent that the reports and data requested by the department are presently available from other state or federal agencies, the department shall coordinate its data reporting requirements with the agencies to avoid duplication of reporting.
16.955(2)
(2) Information to be confidential. All information furnished under
sub. (1) shall be considered confidential and may be compiled or published only for purposes of general statistical comparison. The information may be disclosed to agencies of the state or of the federal government, under the same or similar rules of confidentiality.
16.955(3)(a)(a) Any person, or agent of a person, who produces, imports or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who fails to provide information requested by the department at the time and in the manner specified by the department shall forfeit an amount not to exceed $1,000. Each day the violation of this section continues from the day notice has been received constitutes a separate offense.
16.955(3)(b)
(b) Upon request of the department, the attorney general or the district attorney of the proper county may aid in any investigation, enforce any request of the department for information under this section or seek forfeitures for violations of this section.
16.955(3)(c)
(c) Upon request of the department, the attorney general or the district attorney of the proper county may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating this section.
16.955(3)(d)
(d) The remedies under this section shall not be exclusive.
16.955(4)
(4) Hearings; evidence; witness fees. 16.955(4)(a)(a) The department or any of its authorized agents may, in relation to any matter arising under this section, conduct hearings, administer oaths, issue subpoenas and take testimony.
16.955(4)(b)
(b) The witnesses subpoenaed by the department or its agent and officers who serve subpoenas shall be entitled to the fees allowed in courts of record. The fees shall be audited and paid by the state in the same manner as other expenses of the department are audited and paid. No witness subpoenaed at the instance of any party other than the department is entitled to payment of fees by the state, unless the department certifies that the testimony of the witness was material.
16.955(4)(c)
(c) Any person who unlawfully fails to attend as a witness or refuses to testify may be compelled to do so as provided in
s. 885.12.
16.955(4)(d)
(d) A record of all hearings shall be kept by the department. All hearings shall be public.
16.956
16.956
Energy development and demonstration program. 16.956(1)(b)
(b) "Demonstration" means a systematic plan and follow-through procedure to establish the applicability and reliability of renewable energy resource projects and energy conservation projects and includes, but is not limited to, public presentation of such plans and procedures.
16.956(1)(c)
(c) "Development" means use of the basic results of research or available knowledge and application of such results or knowledge to the actual development of methods or hardware.
16.956(1)(d)
(d) "Eligible person" means a small business, a corporation organized under
ch. 181, a cooperative organized under
ch. 185 or an individual.
16.956(1)(e)
(e) "Energy conservation" means the application of procedures, methods or technologies which increase energy use efficiency and which reduce the use of petroleum, natural gas, coal and uranium.
16.956(1)(g)
(g) "Project" means a project for at least one of the following purposes:
16.956(1)(g)1.
1. Development or demonstration or both of renewable energy resources available in this state.
16.956(1)(g)2.
2. Development or demonstration or both of energy conservation methods appropriate to this state.
16.956(1)(gm)
(gm) "Renewable energy resource" means a source of energy other than petroleum, natural gas, coal, uranium or dams with heads greater than 65 feet.
16.956(1)(h)
(h) "Small business" means a small business as defined under
s. 16.75 (4) (c) or a business with less than 100 employes.
16.956(2)
(2) Creation. There is created an energy development and demonstration grant program funded under
s. 20.505 (1) (d) and administered by the secretary. The purpose of the program is to support projects for the development and demonstration of renewable energy resources available in this state and of energy conservation methods appropriate for this state.
16.956(3)
(3) Notice; applications. The secretary shall publicize the program under this section and the availability of grants. Eligible persons may apply for grants to fund projects on forms which the secretary shall prescribe.
16.956(4)
(4) Project eligibility. The secretary shall solicit the following types of proposals and may solicit other types of proposals at the discretion of the secretary:
16.956(4)(a)
(a) Energy use and performance monitoring for energy efficient, passive solar and active solar homes.
16.956(4)(b)
(b) Development, testing, refinement and demonstration of residential heating system efficiency improvements.
16.956(4)(c)
(c) Design, construction, and monitoring of homes which suit the climate of this state and which use little or no supplemental heating energy.
16.956(4)(d)
(d) Design and monitoring of energy efficient new commercial buildings.
16.956(4)(e)
(e) Analysis, implementation and demonstration of industrial energy conservation projects including operation and maintenance programs, cogeneration, industrial process modifications and new industrial process designs.
16.956(4)(f)
(f) Research and development of new energy conservation products.
16.956(4)(g)
(g) Feasibility analysis, construction and demonstration of biomass conversion projects including wood, alcohol, methane, refuse derived fuel, fuel from agricultural products or wastes and others.
16.956(4)(h)
(h) Installation, monitoring and demonstration of innovative wind turbine applications.
16.956(5)
(5) Selection criteria. For the purpose of awarding grants under this section, the secretary shall evaluate proposals submitted under
sub. (4) on the basis of the following criteria:
16.956(5)(a)
(a) The project's technical feasibility and merit.
16.956(5)(b)
(b) The applicant's ability to successfully complete the proposed project.
16.956(5)(c)
(c) The expected short- and long-term energy conservation and renewable energy supply benefits to the state.
16.956(5)(d)
(d) The accuracy and completeness of the written proposal.
16.956(5)(e)
(e) The applicant's inability to obtain funding from other sources.
16.956(6)
(6) Legislative review. At least 30 days prior to the award of any grant, the secretary shall submit a summary of all applications for grants to the speaker of the assembly and the president of the senate, who each shall assign the summary to the appropriate committee of his or her respective house for review and comment. The secretary shall include with the summary a list of preliminary selections for the award of grants.
16.956(7)(a)(a) After receipt and consideration of the comments of the legislative committees under
sub. (6), the secretary shall make the final award of grants. The amount of a grant may be decreased from the amount requested to account for moneys received from other sources, cost sharing by the applicant and the availability of other federal and state financial subsidies. Each grant shall be awarded by a contract between the department and the recipient.
16.956(7)(b)
(b) The contract for every grant shall provide, without limitation because of enumeration, for the following:
16.956(7)(b)1.
1. A schedule for timely reporting by the grant recipient on the progress of the grant project and for termination of the contract if the recipient fails to comply with the schedule.
16.956(7)(b)2.
2. The ownership of patents and copyrights flowing from the grant project and the disposal of income derived from the marketing of the grant project. The secretary, on a case-by-case basis, shall consider the public interest and the equities of the grantee in providing for the ownership of copyrights, patents and disposal of project income.
16.956(7)(c)
(c) Sections 16.70 to
16.79 do not apply to any contract entered into by the department under this section.
16.956(8)
(8) Biennial report. Biennially by January 1 of odd-numbered years, the secretary shall report to the governor and the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2) on the administration of the program under this section. The report shall include an evaluation of the necessity and effectiveness of the program.
16.956(9)
(9) Public record. The results of every grant project shall be a matter of public record.
16.959
16.959
Wind energy. The department shall:
16.959(1)
(1) Promote the use of wind energy systems. "Wind energy system" means equipment which converts and then transfers or stores energy from the wind into usable forms of energy.
16.959(2)
(2) Gather and disseminate information on wind characteristics and the economic feasibility of using wind energy systems in the state.
16.959(3)
(3) Offer assistance to persons interested in installing a wind energy conversion system.
