Amendment ASA1-AB649

AB649-ASA1, s. 174 Section 174. 196.378 (1) (h) 1., 1m. and 2. of the statutes are repealed.

AB649-ASA1, s. 175 Section 175. 196.378 (1) (i) of the statutes is renumbered 196.378 (1r) (i) and amended to read:

AB649-ASA1,75,12 196.378 (1r) (i) "Renewable resource credit" means a renewable resource credit, as defined in s. 196.378 (1) (i), 2007 stats., or a renewable resource credit calculated in accordance with rules promulgated created under sub. (3) (a) 1. and 2.

AB649-ASA1, s. 176 Section 176. 196.378 (1) (j) of the statutes is repealed.

AB649-ASA1, s. 177 Section 177. 196.378 (1) (k) of the statutes is renumbered 196.378 (1r) (k).

AB649-ASA1, s. 178 Section 178. 196.378 (1) (o) of the statutes is repealed.

AB649-ASA1, s. 179 Section 179. 196.378 (1) (p) of the statutes is renumbered 196.378 (1r) (p).

AB649-ASA1, s. 180 Section 180. 196.378 (1g) of the statutes is created to read:

AB649-ASA1,75,18 196.378 (1g) Legislative findings. The legislature finds all of the following:

AB649-ASA1,75,23 (a) It is essential to the health and safety and economic well-being of Wisconsin that the state maintain a highly reliable electric system at all times that includes a diverse mix of resources both in terms of type and geographic location. Geographic diversity is particularly important for intermittent resources like wind power.

AB649-ASA1,76,3 (b) It is essential to the health and safety and economic well-being of Wisconsin that the state take actions to mitigate global climate change from emissions of greenhouse gasses. Central to such mitigation efforts is reducing reliance on electricity produced from fossil fuels through policies such as the renewable portfolio standard.

AB649-ASA1,76,10 (c) As of the effective date of this paragraph .... [LRB inserts date], the most abundant and affordable sources of electricity that can be used to comply with the renewable portfolio standard are wind resources in western Minnesota, the Dakotas, and Iowa. Exclusive reliance on these resources for compliance with the renewable portfolio standard will produce a significant increase in dependence on imported electricity with the associated congestion cost risks and not provide needed diversity for the state's renewable resource portfolio.

AB649-ASA1,76,17 (d) To balance the competing imperatives of developing a renewable generation portfolio that is diverse as to geographic location and type of renewable resources in the portfolio, including smaller scale distributed resources, mitigating high transmission congestion cost risk, and reducing dependence on electricity produced from fossil fuels, it is essential that Wisconsin adopt a renewable portfolio standard that requires a part of the production of electricity from renewable resources in this state.

AB649-ASA1, s. 181 Section 181. 196.378 (1r) (at) of the statutes is created to read:

AB649-ASA1,76,20 196.378 (1r) (at) "Conservation certificate" means a certificate created under the rules promulgated under sub. (3m) (b).

AB649-ASA1, s. 182 Section 182. 196.378 (1r) (de) of the statutes is created to read:

AB649-ASA1,77,2 196.378 (1r) (de) "In-state percentage" means, with respect to an electric provider, the portion of the electric provider's renewable energy percentage that is derived from electricity generated by renewable facilities located in this state, renewable resource credits separated from such electricity, and nonelectric energy credits.

AB649-ASA1, s. 183 Section 183. 196.378 (1r) (dm) of the statutes is created to read:

AB649-ASA1,77,7 196.378 (1r) (dm) "Nonelectric energy" means any of the following types of energy or fuel produced or generated at a facility located in this state and placed in service on or after the effective date of this paragraph .... [LRB inserts date], but only if the energy or fuel displaces fossil fuel use in this state:

AB649-ASA1,77,15 1. The thermal output from a cogeneration production plant, as defined in s. 79.005 (1g). If the cogeneration production plant is fueled with a mixture of renewable resource fuel, synthetic fuel, or pelletized waste, and other fuel, the thermal output under this subdivision shall be the total thermal output of the cogeneration production plant multiplied by a ratio, of which the numerator is the energy content of the renewable resource fuel, synthetic fuel, or pelletized waste and the denominator is the energy content of the renewable resource fuel, synthetic fuel, or pelletized waste, and the other fuel.

AB649-ASA1,77,21 2. The thermal output from a renewable resource-fueled or synthetic fuel-fueled boiler. If the boiler is fueled with a mixture of a renewable resource or synthetic fuel, and other fuel, the thermal output under this subdivision shall be the total thermal output of the boiler multiplied by a ratio, of which the numerator is the energy content of the renewable resource or synthetic fuel and the denominator is the energy content of the renewable resource or synthetic fuel, and the other fuel.

AB649-ASA1,77,22 3. The thermal output of a geothermal system.

AB649-ASA1,77,23 4. Biogas that is put into a natural gas transmission or distribution pipeline.

AB649-ASA1,77,24 5. The thermal output of a solar water heating system.

AB649-ASA1,77,25 6. Useable light delivered by a solar light pipe.

AB649-ASA1,78,2 7. Energy derived from other applications, specified by the commission by rule, that produce energy other than electricity from renewable resources.

AB649-ASA1, s. 184 Section 184. 196.378 (1r) (ds) of the statutes is created to read:

AB649-ASA1,78,5 196.378 (1r) (ds) "Nonelectric energy credit" means a credit created under the rules under sub. (3) (b).

AB649-ASA1, s. 185 Section 185. 196.378 (1r) (dw) of the statutes is created to read:

AB649-ASA1,78,9 196.378 (1r) (dw) "Pelletized waste" means pellets made from waste material that does not include garbage, as defined in s. 289.01 (9), and that contains no more than 30 percent fixed carbon.

AB649-ASA1, s. 186 Section 186. 196.378 (1r) (em) of the statutes is created to read:

AB649-ASA1,78,12 196.378 (1r) (em) "Portfolio credit" means a nonelectric energy credit or renewable resource credit.

AB649-ASA1, s. 187 Section 187. 196.378 (1r) (fg) 2. of the statutes is created to read:

AB649-ASA1,78,19 196.378 (1r) (fg) 2. The combustion of refuse-derived fuel in a facility that was in service before January 1, 1998. If the facility is fueled with a mixture of refuse-derived fuel and fossil fuels, renewable energy calculated under this subdivision is the total amount of electricity derived from the facility multiplied by a ratio, of which the numerator is the energy content of the refuse-derived fuel and the denominator is the energy content of the refuse-derived fuel and the fossil fuels.

AB649-ASA1, s. 188 Section 188. 196.378 (1r) (fg) 3. of the statutes is created to read:

AB649-ASA1,79,2 196.378 (1r) (fg) 3. The combustion of solid waste that has been subject to a process to remove recyclable and noncombustible materials in a facility that is owned by a county in this state and that was in service before January 1, 1998. If the facility is fueled with a mixture of solid waste and fossil fuels, renewable energy calculated under this subdivision is the total amount of electricity derived from the facility multiplied by a ratio, of which the numerator is the energy content of the solid waste and the denominator is the energy content of the solid waste and the fossil fuels.

AB649-ASA1, s. 189 Section 189. 196.378 (1r) (fg) 4. of the statutes is created to read:

AB649-ASA1,79,4 196.378 (1r) (fg) 4. The combustion of a synthetic fuel or pelletized waste.

AB649-ASA1, s. 190 Section 190. 196.378 (1r) (fm) 3. of the statutes is created to read:

AB649-ASA1,79,7 196.378 (1r) (fm) 3. Subject to sub. (2) (b) 1g., conservation certificates that an electric provider elects to use in that year.

AB649-ASA1, s. 191 Section 191. 196.378 (1r) (gm) of the statutes is created to read:

AB649-ASA1,79,10 196.378 (1r) (gm) "Renewable portfolio standard" means the requirement to comply with sub. (2) (a) 2.

AB649-ASA1, s. 192 Section 192. 196.378 (1r) (kg) of the statutes is created to read:

AB649-ASA1,79,13 196.378 (1r) (kg) "Synthetic fuel" means a fuel that is produced by the pyrolysis, or plasma gasification, of organic or waste material.

AB649-ASA1, s. 193 Section 193. 196.378 (2) (a) 1. of the statutes is amended to read:

AB649-ASA1,80,5 196.378 (2) (a) 1. No later than June 1, 2016 2014, the commission shall prepare a report stating whether, by December 31, 2015 2013, the state has met a goal of 10 percent of all electric energy consumed in the state being renewable energy. No later than June 1, 2021, the commission shall prepare a report stating whether, by December 31, 2020, the state has met a goal of 20 percent of all electric energy consumed in this state being renewable energy and 6 percent of all electric energy consumed in this state being generated by renewable facilities located in this state. No later than June 1, 2026, the commission shall prepare a report stating whether, by December 31, 2025, the state has met a goal of 25 percent of all electric energy consumed in this state being renewable energy and 10 percent of all electric energy consumed in this state being generated by renewable facilities located in this state. If the a goal for a year has not been achieved, the a report shall indicate why the goal was not achieved and how it may be achieved, and the commission shall prepare similar reports biennially thereafter until the goal is achieved. The commission shall submit reports under this subdivision to the governor and chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB649-ASA1, s. 194 Section 194. 196.378 (2) (a) 2. (intro.) of the statutes is amended to read:

AB649-ASA1,80,8 196.378 (2) (a) 2. (intro.) Except Subject to par. (am) and except as provided in pars. (e), (f), and (g):

AB649-ASA1, s. 195 Section 195. 196.378 (2) (a) 2. c. of the statutes is amended to read:

AB649-ASA1,80,12 196.378 (2) (a) 2. c. For the years 2011, and 2012, 2013, and 2014, each electric provider may not decrease its renewable energy percentage below the electric provider's renewable energy percentage required under subd. 2. b.

AB649-ASA1, s. 196 Section 196. 196.378 (2) (a) 2. d. of the statutes is amended to read:

AB649-ASA1,80,16 196.378 (2) (a) 2. d. For the year 2015 2013, each electric provider shall increase its renewable energy percentage so that it is at least 6 percentage points above the electric provider's baseline renewable percentage.

AB649-ASA1, s. 197 Section 197. 196.378 (2) (a) 2. e. of the statutes is amended to read:

AB649-ASA1,80,21 196.378 (2) (a) 2. e. For each year after the years 2014, 2015, 2016, 2017, 2018, and 2019, each electric provider may not decrease its renewable energy percentage below the electric provider's renewable energy percentage required under subd. 2. d.

AB649-ASA1, s. 198 Section 198. 196.378 (2) (a) 2. f. of the statutes is created to read:

AB649-ASA1,81,2 196.378 (2) (a) 2. f. For the year 2020, each electric provider shall increase its renewable energy percentage so that it is at least 16 percentage points above the electric provider's baseline renewable percentage and shall ensure that its in-state percentage is not less than 30 percent of the renewable energy percentage required under this subd. 2. f.

AB649-ASA1, s. 199 Section 199. 196.378 (2) (a) 2. g. of the statutes is created to read:

AB649-ASA1,81,8 196.378 (2) (a) 2. g. For the years 2021, 2022, 2023, and 2024, each electric provider may not decrease its renewable energy percentage below the electric provider's renewable energy percentage required under subd. 2. f. and may not decrease its in-state percentage below the electric provider's in-state percentage required under subd. 2. f.

AB649-ASA1, s. 200 Section 200. 196.378 (2) (a) 2. h. of the statutes is created to read:

AB649-ASA1,81,14 196.378 (2) (a) 2. h. For the year 2025, each electric provider shall increase its renewable energy percentage so that it is at least 21 percentage points above the electric provider's baseline renewable percentage and shall ensure that its in-state percentage is not less than 40 percent of the renewable energy percentage required under this subd. 2. h.

AB649-ASA1, s. 201 Section 201. 196.378 (2) (a) 2. i. of the statutes is created to read:

AB649-ASA1,81,20 196.378 (2) (a) 2. i. For each year after 2025, each electric provider may not decrease its renewable energy percentage below the electric provider's renewable energy percentage required under subd. 2. h. and may not decrease its in-state percentage below the electric provider's in-state percentage required under subd. 2. h.

AB649-ASA1, s. 202 Section 202. 196.378 (2) (am) of the statutes is created to read:

AB649-ASA1,82,2 196.378 (2) (am) For the years 2020 to 2024, an electric provider is not required to increase its renewable energy percentage to a percentage in excess of 20 percent or its baseline renewable percentage, whichever is greater. For the year 2025 and each year thereafter, an electric provider is not required to increase its renewable energy percentage to a percentage in excess of 25 percent or its baseline renewable percentage, whichever is greater.

AB649-ASA1, s. 203 Section 203. 196.378 (2) (b) (intro.) of the statutes is amended to read:

AB649-ASA1,82,5 196.378 (2) (b) (intro.) For purposes of determining compliance with par. (a) the renewable portfolio standard:

AB649-ASA1, s. 204 Section 204. 196.378 (2) (b) 1g. of the statutes is created to read:

AB649-ASA1,82,9 196.378 (2) (b) 1g. An electric provider may include conservation certificates in its renewable energy percentage only for the years 2013, 2014, 2020, and each year after 2020, and only as follows:

AB649-ASA1,82,12 a. For the years 2013 and 2014, conservation certificates may be included for no more than 2.5 percentage points of an electric provider's renewable energy percentage.

AB649-ASA1,82,14 b. For the years 2020 to 2024, conservation certificates may be included for no more than 4 percentage points of an electric provider's renewable energy percentage.

AB649-ASA1,82,17 c. For the year 2025 and each year thereafter, conservation certificates may be included for no more than 5 percentage points of an electric provider's renewable energy percentage.

AB649-ASA1, s. 205 Section 205. 196.378 (2) (b) 1j. of the statutes is created to read:

AB649-ASA1,82,24 196.378 (2) (b) 1j. For each renewable resource credit that is created from renewable energy derived from a renewable facility designed for nominal operation at a capacity of 2 megawatts or less, an electric provider may include 1.25 renewable resource credits in the electric provider's renewable energy percentage, but may include only one renewable resource credit in the electric provider's in-state percentage.

AB649-ASA1, s. 206 Section 206. 196.378 (2) (b) 1m. (intro.) of the statutes is amended to read:

AB649-ASA1,83,7 196.378 (2) (b) 1m. (intro.) The Except as provided in subd. 1r., the amount of renewable resource credits associated with electricity derived from hydroelectric renewable resources that an electric provider may count toward satisfying the requirements of par. (a) 2. include in its renewable energy percentage shall be those renewable resource credits associated with all electricity provided by hydroelectric power that the electric provider purchased in the reporting year plus renewable resource credits associated with all of the following:

AB649-ASA1, s. 207 Section 207. 196.378 (2) (b) 1m. a. of the statutes is amended to read:

AB649-ASA1,83,16 196.378 (2) (b) 1m. a. The For facilities owned or operated by the electric provider that were initially placed in service before January 1, 2004, the average of the amounts of hydroelectric power generated by the facilities owned or operated by the electric provider for 2001, 2002, and 2003, regardless of whether the electric provider owned or operated the facilities in those years, adjusted to reflect the permanent removal from service of any of those facilities and adjusted to reflect any capacity increases from improvements made to those facilities on or after January 1, 2004.

AB649-ASA1, s. 208 Section 208. 196.378 (2) (b) 1r. of the statutes is created to read:

AB649-ASA1,83,21 196.378 (2) (b) 1r. a. Except as provided in subd. 1r. b. and c., an electric provider may not include in its renewable energy percentage any renewable resource credits associated with electricity derived from a hydroelectric facility that has a rated capacity of 60 megawatts or more.

AB649-ASA1,84,2 b. Except as provided in subd. 1r. c., an electric provider may include in its renewable energy percentage renewable resource credits associated with electricity generated after December 31, 2015, from a hydroelectric facility located outside this state that has a rated capacity of 60 megawatts or more and that is first placed in service on or after the effective date of this subd. 1r. b. .... [LRB inserts date].

AB649-ASA1,84,12 c. Renewable resource credits associated with electricity derived from a hydroelectric facility that is located in Manitoba, Canada, that has a rated capacity of 60 megawatts or more, and that is first placed in service on or after the effective date of this subd. 1r. c. .... [LRB inserts date], shall be included in a renewable energy percentage only if the province of Manitoba has informed the commission in writing that the interim licenses under which the Lake Winnipeg Regulation Project and the Churchill River Diversion Project were operating on the effective date of this subd. 1r. c. .... [LRB inserts date], have been replaced by final licenses after the completion of a Crown-Aboriginal consultation process as required under Canadian law and the final licenses are in effect under Canadian law.

AB649-ASA1,84,22 d. The province of Manitoba shall file with the commission all final approvals, licenses, and permits required under subd. 1r. c.; a written report setting forth the processes followed to obtain such final licenses; a report summarizing the consultation processes with impacted First Nations and its compliance with Canadian law; and all agreements with impacted First Nations related to the Lake Winnipeg Regulation Project and the Churchill River Diversion Project. Such filings shall be subject to public comment. Within 90 days of receiving the filings required under this subd. 1r. d., the commission shall prepare and deliver a report to the legislature, in the manner described under s. 13.172 (2), summarizing such filings and the comments received on them.

AB649-ASA1, s. 209 Section 209. 196.378 (2) (b) 2. of the statutes is repealed.

AB649-ASA1, s. 210 Section 210. 196.378 (2) (b) 2m. of the statutes is created to read:

AB649-ASA1,85,3 196.378 (2) (b) 2m. A wholesale supplier may demonstrate compliance with the renewable portfolio standard on behalf of a member or customer, or on behalf of its members or customers in the aggregate.

AB649-ASA1, s. 211 Section 211. 196.378 (2) (b) 4. and 5. of the statutes are repealed.

AB649-ASA1, s. 212 Section 212. 196.378 (2) (c) of the statutes is renumbered 196.378 (2) (c) 1. and amended to read:

AB649-ASA1,85,22 196.378 (2) (c) 1. No later than April 15 annually, or another annual date specified by the commission by rule, an electric provider shall submit a report to the commission that identifies the electric provider's renewable energy percentage for the previous year and, beginning with the report submitted in 2021, the electric provider's in-state percentage for the previous year, and describes the electric provider's compliance with par. (a) 2. the renewable portfolio standard and the electric provider's implementation plans for future compliance. Reports under this paragraph may include certifications from renewable energy suppliers regarding the sources and amounts of renewable energy supplied to the electric provider. The commission may specify the documentation that is required to be included with reports submitted under this paragraph. The commission may require that electric providers submit the reports in a proceeding, initiated by the commission under this section relating to the implementation of s. 1.12, or in a proceeding for preparing a strategic energy assessment under s. 196.491 (2). A wholesale supplier may submit a report under this subdivision on behalf of a member or customer or on behalf of its members or customers in the aggregate.

AB649-ASA1,86,2 2. No later than 90 days after the commission's receipt of an electric provider's a report submitted by or on behalf of an electric provider under subd. 1., the commission shall inform the electric provider whether the electric provider is in compliance with par. (a) 2. the renewable portfolio standard.