Amendment ASA1-AB649

AB649-ASA1,88,7 a. Sell the renewable energy and the associated renewable resource credits to any other person. For renewable energy that is sold at wholesale in this state, the sale is considered to include the associated renewable resource credits unless an agreement between the parties specifies otherwise.

AB649-ASA1,88,11 b. Separate the renewable resource credits from the renewable energy and sell, trade, transfer, assign, bank for future use, or permanently retire the credits or, if the person is an electric provider, elect to include the credits in the electric provider's renewable energy percentage.

AB649-ASA1,88,14 2. Renewable resource credits associated with hydroelectric power specified in sub. (2) (b) 1m. a. may not be sold, traded, transferred, assigned, or banked for future use.

AB649-ASA1,88,17 3. A person that purchases renewable energy from which the associated renewable resource credits have not been separated may take any of the actions described in subd. 1. a. and b.

AB649-ASA1,88,20 4. a. An electric provider may not use renewable resource credits created by the generation of renewable energy outside this state to comply with an in-state percentage requirement of the renewable portfolio standard.

AB649-ASA1,89,2 b. An electric provider may include renewable resource credits created by the generation of renewable energy in the electric provider's renewable energy percentage if the credits are documented in a regional credit tracking system designated by the commission in rules promulgated under par. (c) 4. and the credits satisfy the requirements of this subsection and the rules promulgated under par. (c) 4.

AB649-ASA1,89,6 c. An electric provider may not include a renewable resource credit in the electric provider's renewable energy percentage if the renewable resource credit or renewable energy from which the credit has been separated has been used to comply with the renewable energy requirements of another state.

AB649-ASA1,89,10 5. The commission shall promulgate rules that allow an electric provider to include in the electric provider's renewable energy percentage renewable energy generated or purchased by the electric provider from which renewable resource credits have not been separated.

AB649-ASA1,89,19 (b) Nonelectric energy credits. The commission shall promulgate rules allowing any person to create nonelectric energy credits in an amount equal to one credit for each megawatt hour equivalent of nonelectric energy produced or generated by the person in this state. The rules shall include requirements and procedures for determining the megawatt hour equivalent of nonelectric energy, measuring and verifying nonelectric energy, and demonstrating that nonelectric energy has displaced fossil fuel use in this state. In determining the megawatt hour equivalent of nonelectric energy, the rules shall reduce the megawatt hour equivalent to account for the energy consumed in producing or generating the nonelectric energy.

AB649-ASA1,89,21 (c) In general. 1. A person that creates a portfolio credit may assign ownership of the credit to another person by contract.

AB649-ASA1,89,25 2. A person that purchases portfolio credits may sell, trade, transfer, assign, bank for future use, or permanently retire the credits, or, if the person is an electric provider, elect to include the credits in the electric provider's renewable energy percentage.

AB649-ASA1,90,3 3. A portfolio credit remains eligible to be included in a renewable energy percentage until an electric provider uses the credit in the electric provider's renewable energy percentage or the owner of the credit retires the credit.

AB649-ASA1,90,12 4. The commission shall promulgate rules that establish requirements and procedures for creating, selling, trading, transferring, assigning, banking, and retiring portfolio credits, for an electric provider's inclusion of portfolio credits in the electric provider's renewable energy percentage, and for tracking portfolio credits under a regional credit tracking system designated by the commission. The commission may designate a regional credit tracking system other than the Midwest Renewable Energy Tracking System only if the commission determines that the other system has eligibility and verification requirements that are comparable to the Midwest Renewable Energy Tracking System.

AB649-ASA1, s. 219 Section 219. 196.378 (3m) of the statutes is created to read:

AB649-ASA1,90,14 196.378 (3m) Conservation certificates. (a) In this subsection:

AB649-ASA1,90,16 1. "Commitment to community program" has the meaning given in s. 196.374 (1) (b).

AB649-ASA1,90,20 2. "Eligible facility" means a facility of an agricultural, commercial, industrial, governmental, or institutional customer or member of an electric provider that is a large customer or member. The commission shall promulgate rules defining "large customer or member" for purposes of this subdivision.

AB649-ASA1,90,21 3. "Supplemental utility program" has the meaning given in s. 196.374 (1) (mh).

AB649-ASA1,90,23 4. "Utility-administered program" has the meaning given in s. 196.374 (1) (mu).

AB649-ASA1,91,4 (b) The commission shall promulgate rules allowing for the creation of conservation certificates in an amount equal to one certificate for each megawatt hour of electric energy conserved under a project at an eligible facility if all of the requirements of par. (c) are satisfied. The rules shall include requirements and procedures for calculating the megawatt hours of electric energy that is conserved under a project and for determining that the requirements of par. (c) are satisfied.

AB649-ASA1,91,7 (bm) 1. A person who creates a conservation certificate under the rules promulgated under par. (b) may assign ownership of the certificate to another person by contract.

AB649-ASA1,91,11 2. A person that purchases a conservation certificate may sell, trade, transfer, assign, bank for future use, or permanently retire the certificate, or, if the person is an electric provider, elect to include the certificate in the electric provider's renewable energy percentage as specified in sub. (2) (b) 1g.

AB649-ASA1,91,14 3. A conservation certificate is eligible to be included in a renewable energy percentage until an electric provider uses the certificate in the electric provider's renewable energy percentage or the owner of the certificate retires the certificate.

AB649-ASA1,91,16 (c) A conservation certificate based on a project at an eligible facility may be created only if all of the following are satisfied:

AB649-ASA1,91,18 1. The project is installed under a utility-administered program, a supplemental utility program, or a commitment to community program.

AB649-ASA1,91,20 2. The project is implemented or placed into service on or after the effective date of this subdivision .... [LRB inserts date].

AB649-ASA1,92,5 3. If the project is installed under a utility-administered program or supplemental utility program, the person installing the project complies with labor standards for the work force involved in the project specified by rule by the commission. The rules shall specify minimum wages that must be paid to a specified percentage of the work force, minimum health care benefits that the must be provided to the work force, and apprenticeship and training requirements for the work force. The rules shall also allow the commission to waive application of any requirement under the rules under conditions specified in the rules. To the extent practicable, the rules shall minimize the regulatory burden of complying with the rules.

AB649-ASA1, s. 220 Section 220. 196.378 (4) of the statutes, as affected by 2009 Wisconsin Act 40, is repealed.

AB649-ASA1, s. 221 Section 221. 196.378 (4m) (a) of the statutes is amended to read:

AB649-ASA1,92,16 196.378 (4m) (a) The commission may not impose on an electric provider any requirement that increases the electric provider's renewable energy percentage or in-state percentage beyond that required under sub. (2) (a) 2. the renewable portfolio standard. If an electric provider is in compliance with the requirements of sub. (2) (a) 2. renewable portfolio standard, the commission may not require the electric provider to undertake, administer, or fund any other renewable energy program. This paragraph does not limit the authority of the commission to enforce an electric provider's obligations under s. 196.374.

AB649-ASA1, s. 222 Section 222. 196.378 (4m) (b) of the statutes is amended to read:

AB649-ASA1,92,22 196.378 (4m) (b) An electric utility may, with commission approval, administer or fund a program that increases the electric utility's renewable energy percentage or in-state percentage beyond that required under sub. (2) (a) 2. the renewable portfolio standard. The commission may not order an electric utility to administer or fund a program under this paragraph.

AB649-ASA1, s. 223 Section 223. 196.378 (5) (intro.) of the statutes is amended to read:

AB649-ASA1,93,6 196.378 (5) Penalty. (intro.) Any person who violates sub. (2) or any renewable energy supplier who provides an electric provider with a false or misleading certification information regarding the sources or amounts of renewable energy supplied at wholesale to the electric provider shall forfeit not less than $5,000 nor more than $500,000. Forfeitures under this subsection shall be enforced by action on behalf of the state by the attorney general. A court imposing a forfeiture under this subsection shall consider all of the following in determining the amount of the forfeiture:

AB649-ASA1, s. 224 Section 224. 196.378 (5) (a) of the statutes is amended to read:

AB649-ASA1,93,9 196.378 (5) (a) The appropriateness of the forfeiture to the person's or wholesale supplier's volume of business.

AB649-ASA1, s. 225 Section 225. 196.378 (6) of the statutes is created to read:

AB649-ASA1,93,17 196.378 (6) Coordination with federal law. The commission shall minimize reporting and other compliance requirements on electric providers to the maximum extent allowed under this section for the purpose of coordination with any similar requirements under federal law. If the commission determines that statutory changes to this section are necessary to comply with this subsection, the commission shall submit a report recommending the statutory changes to the legislature in the manner described under s. 13.172 (3).

AB649-ASA1, s. 226 Section 226. 196.49 (1) of the statutes is renumbered 196.49 (1r).

AB649-ASA1, s. 227 Section 227. 196.49 (1g) of the statutes is created to read:

AB649-ASA1,93,20 196.49 (1g) In this section:

AB649-ASA1,93,24 (a) "Nuclear power plant" means a nuclear power plant, as defined in s. 196.491 (1) (j), for which the commission has issued a certificate of public convenience and necessity under s. 196.491 (3) on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1,94,2 (b) "Nuclear power plant owner or operator" means a person, other than a public utility, that owns or operates a nuclear power plant.

AB649-ASA1, s. 228 Section 228. 196.49 (2) of the statutes is amended to read:

AB649-ASA1,94,22 196.49 (2) No public utility may begin the construction, installation, or operation of any new plant, equipment, property, or facility, nor the construction or installation of any extension, improvement, or addition to its existing plant, equipment, property, apparatus, or facilities, and no nuclear power plant owner or operator may begin the construction or installation of any extension, improvement, or addition to a nuclear power plant or equipment, property, apparatus, or facilities for a nuclear power plant, unless the public utility or nuclear power plant owner or operator has complied with any applicable rule or order of the commission. If a cooperative association has been incorporated under ch. 185 for the production, transmission, delivery or furnishing of light or power and has filed with the commission a map of the territory to be served by the association and a statement showing that a majority of the prospective consumers in the area are included in the project, no public utility may begin any such construction, installation or operation within the territory until after the expiration of 6 months from the date of filing the map and notice. If the cooperative association has entered into a loan agreement with any federal agency for the financing of its proposed system and has given written notice of the agreement to the commission, no public utility may begin any construction, installation or operation within the territory until 12 months after the date of the loan agreement.

AB649-ASA1, s. 229 Section 229. 196.49 (3) (a) of the statutes is amended to read:

AB649-ASA1,95,9 196.49 (3) (a) In this subsection, "project" means construction of any new plant, equipment, property, or facility, or extension, improvement, or addition to its existing plant, equipment, property, apparatus, or facilities, and "project" includes construction by a nuclear power plant owner or operator of any extension, improvement, or addition to a nuclear power plant or to equipment, property, apparatus, or facilities for a nuclear power plant. The commission may require by rule or special order that a public utility or nuclear power plant owner or operator submit, periodically or at such times as the commission specifies and in such detail as the commission requires, plans, specifications, and estimated costs of any proposed project which the commission finds will materially affect the public interest.

AB649-ASA1, s. 230 Section 230. 196.49 (3) (cm) of the statutes is created to read:

AB649-ASA1,95,15 196.49 (3) (cm) The commission may attach to the issuance of a certificate under this section for a project by a nuclear power plant owner or operator such terms and conditions that the commission determines are in the public interest. Any term or condition so attached shall apply to any successor in interest of the nuclear power plant owner or operator to whom a certificate is issued.

AB649-ASA1, s. 231 Section 231. 196.49 (4) of the statutes is amended to read:

AB649-ASA1,95,20 196.49 (4) The commission may not issue a certificate under sub. (1) (1r), (2), or (3) for the construction of electric generating equipment and associated facilities unless the commission determines that brownfields, as defined in s. 560.13 (1) (a), are used to the extent practicable.

AB649-ASA1, s. 232 Section 232. 196.49 (5m) of the statutes is created to read:

AB649-ASA1,96,9 196.49 (5m) The commission shall take final action on an application for a certificate under this section for a proposed renewable facility, as defined in s. 196.378 (1r) (g), within 270 days after issuing a notice to open a docket on the application. If the commission fails to take final action within the 270-day period, the commission is considered to have issued a certificate with respect to the application, unless the commission, within the 270-day period, extends the 270-day period. If the commission is required to prepare an environmental impact statement for the proposed facility, the commission may extend the 270-day period for no more than an additional 90 days, except that, if another state is required to approve the proposed facility, the commission may extend the 270-day period for no more than an additional 90 days after the other state takes final action on the proposal. If the commission fails to take final action within the extended period, the commission is considered to have issued a certificate with respect to the application.

AB649-ASA1, s. 233 Section 233. 196.49 (6) of the statutes is amended to read:

AB649-ASA1,96,19 196.49 (6) If the commission finds that any public utility or nuclear power plant owner or operator has taken or is about to take an action which violates or disregards a rule or special order under this section, the commission, in its own name either before or after investigation or public hearing and either before or after issuing any additional orders or directions it deems proper, may bring an action in the circuit court of Dane County to enjoin the action. If necessary to preserve the existing state of affairs, the court may issue a temporary injunction pending a hearing upon the merits. An appeal from an order or judgment of the circuit court may be taken to the court of appeals.

AB649-ASA1, s. 234 Section 234. 196.491 (1) (g) of the statutes is renumbered 196.491 (1) (g) (intro.) and amended to read:

AB649-ASA1,96,23 196.491 (1) (g) (intro.) "Large electric generating facility" means electric any of the following:

AB649-ASA1,96,25 1. Electric generating equipment and associated facilities designed for nominal operation at a capacity of 100 megawatts or more.

AB649-ASA1, s. 235 Section 235. 196.491 (1) (g) 2. of the statutes is created to read:

AB649-ASA1,97,3 196.491 (1) (g) 2. A nuclear power plant. This subdivision takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 236 Section 236. 196.491 (1) (i) of the statutes is created to read:

AB649-ASA1,97,7 196.491 (1) (i) 1. "Nonutility nuclear power plant" means, except as provided in subd. 2., a nuclear power plant that does not provide service to any retail customer and that is owned and operated by any of the following:

AB649-ASA1,97,9 a. Subject to the approval of the commission under sub. (3m) (a), an affiliated interest of a public utility.

AB649-ASA1,97,10 b. A person that is not a public utility.

AB649-ASA1,97,13 2. "Nonutility nuclear power plant" does not include a nuclear power plant or an improvement to a nuclear power plant that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3.

AB649-ASA1,97,15 3. This paragraph takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 237 Section 237. 196.491 (1) (j) of the statutes is created to read:

AB649-ASA1,97,20 196.491 (1) (j) "Nuclear power plant" means nuclear-fired electric generating equipment and facilities designed for nominal operation at any capacity. This paragraph takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 238 Section 238. 196.491 (1) (w) 2. of the statutes is renumbered 196.491 (1) (w) 2. (intro.) and amended to read:

AB649-ASA1,97,24 196.491 (1) (w) 2. (intro.) "Wholesale merchant plant" does not include an any of the following:

AB649-ASA1,98,3 a. An electric generating facility or an improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3.

AB649-ASA1, s. 239 Section 239. 196.491 (1) (w) 2. b. of the statutes is created to read:

AB649-ASA1,98,6 196.491 (1) (w) 2. b. A nonutility nuclear power plant. This subd. 2. b. takes effect on the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 240 Section 240. 196.491 (3) (d) (intro.) of the statutes is amended to read:

AB649-ASA1,98,11 196.491 (3) (d) (intro.) Except as provided under par. pars. (e) and (em) and s. 196.493, the commission shall approve an application filed under par. (a) 1. for a certificate of public convenience and necessity only if the commission determines all of the following:

AB649-ASA1, s. 241 Section 241. 196.491 (3) (d) 2. of the statutes is amended to read:

AB649-ASA1,98,17 196.491 (3) (d) 2. The proposed facility satisfies the reasonable needs of the public for an adequate supply of electric energy. This subdivision does not apply to a wholesale merchant plant and, for determinations made on or after the date specified in the notice published under s. 196.493 (3) (b), this subdivision does not apply to a nuclear power plant.

AB649-ASA1, s. 242 Section 242. 196.491 (3) (d) 3. of the statutes is amended to read:

AB649-ASA1,99,3 196.491 (3) (d) 3. The design and location or route is in the public interest considering alternative sources of supply, alternative locations or routes, individual hardships, engineering, economic, safety, reliability and environmental factors, except that the commission may not consider alternative sources of supply or engineering or economic factors if the application is for a wholesale merchant plant and the commission may, but is not required to, consider alternative locations if the application is for a renewable facility, as defined in s. 196.378 (1r) (g). In its consideration of environmental factors, the commission may not determine that the design and location or route is not in the public interest because of the impact of air pollution if the proposed facility will meet the requirements of ch. 285.

AB649-ASA1, s. 243 Section 243. 196.491 (3) (em) of the statutes is created to read:

AB649-ASA1,99,11 196.491 (3) (em) For an application under par. (a) 1. regarding a nuclear power plant, the commission may issue the certificate of public convenience and necessity subject to any conditions that the commission determines are in the public interest. Any conditions imposed by the commission under this paragraph shall apply to any successor in interest of the applicant. This paragraph first applies to certificates of public convenience and necessity issued by the commission on or after the date specified in the notice published under s. 196.493 (3) (b).

AB649-ASA1, s. 244 Section 244. 196.491 (3) (g) of the statutes is amended to read:

AB649-ASA1,99,25 196.491 (3) (g) The commission shall take final action on an application filed under par. (a) 1. within 180 days after the application is determined or considered to be complete under par. (a) 2. If the commission fails to take final action within the 180-day period, the commission is considered to have issued a certificate of public convenience and necessity with respect to the application, unless the commission, within the 180-day period, petitions the circuit court for Dane County for an extension of time for taking final action on the application and the court grants an extension. Upon a showing of good cause, the court may extend the 180-day period for no more than an additional 180 days, except that, beginning on the date specified in the notice published under s. 196.493 (3) (b), the court may extend the 180-day period for an additional 360 days if the application is for a nuclear power plant. If the commission fails to take final action within the extended period, the commission is considered to have issued a certificate of public convenience and necessity with respect to the application.

AB649-ASA1, s. 245 Section 245. 196.491 (3m) (title) of the statutes is amended to read:

AB649-ASA1,100,5 196.491 (3m) (title) Wholesale merchant and nonutility nuclear power plants.

AB649-ASA1, s. 246 Section 246. 196.491 (3m) (a) (intro.) of the statutes is amended to read:

AB649-ASA1,100,11 196.491 (3m) (a) Commission approval required. (intro.) Except as provided in par. (e), an affiliated interest of a public utility may not own, control or operate a wholesale merchant or nonutility nuclear power plant without the approval of the commission. The commission shall grant its approval only if each of the following is satisfied:

AB649-ASA1, s. 247 Section 247. 196.491 (3m) (b) 1. am. of the statutes is amended to read:

AB649-ASA1,100,17 196.491 (3m) (b) 1. am. Establish screening tests and safe harbors for proposed wholesale merchant and nonutility nuclear power plant projects, including projects in which an affiliated interest is a passive investor and over which the affiliated interest is not able to exercise control or influence and projects in which an affiliated interest's ownership interest is less than 5%.