AB682: Bill Text

AB682,31 Section 31. 196.491 (2) (b) 10. of the statutes is repealed.

AB682,32 Section 32. 196.491 (2) (b) 11. of the statutes is created to read:

AB682,,65 196.491 (2) (b) 11. Standing committees of the legislature with jurisdiction over energy and utilities under s. 13.172 (3).

AB682,33 Section 33. 196.491 (2) (c) of the statutes is created to read:

AB682,,67 196.491 (2) (c) The agencies receiving copies under par. (b) 1. to 8. shall review the plans and submit their comments to the commission within 180 days after their receipt of the plans. Comments shall include all of the following:

AB682,,68 1. A description of any statutory permits or approvals required by the agency.

AB682,,69 2. A description of the types and forms of information required for adequate review of an application for each permit or approval.

AB682,,70 3. A detailed discussion as to the areas in which the plans coordinate with the agency’s plans, policies, functions, and programs and the areas in which the plans conflict and the significance of such conflicts.

AB682,,71 4. To the extent practicable and consistent with its program responsibilities, a discussion of the environmental impacts of the plan.

AB682,34 Section 34. 196.491 (2) (d) of the statutes is created to read:

AB682,,73 196.491 (2) (d) The commission shall, within 10 days after the plan is filed, send a copy of such plan, or the applicable portion thereof, to the county planner or, if none exists, to the county clerk of each county affected by the plan, to the main public library of each such county, and to any other county planner, county clerk, or public library that requests copies of the plan or portions of the plan. The commission shall send a copy of the applicable portion of the plan to the clerk of each municipality and town in which a small or large electric generating facility is proposed to be located, and shall notify each public library in such municipality or town that copies of the plan are available upon request.

AB682,35 Section 35. 196.491 (2) (e) of the statutes is amended to read:

AB682,,75 196.491 (2) (e) Any state agency, as defined in s. 16.310 (1), county, municipality, town, or person may submit written comments on any plan to the commission on a strategic energy assessment within 90 180 days after copies of the draft are issued under par. (b) the plan is filed.

AB682,36 Section 36. 196.491 (2) (f) of the statutes is amended to read:

AB682,,77 196.491 (2) (f) Section 1.11 (2) (c) shall not apply to a strategic energy assessment an integrated resource and reliability plan prepared under par. (a).

AB682,37 Section 37. 196.491 (2) (g) of the statutes is amended to read:

AB682,,79 196.491 (2) (g) No sooner than 30 and no later than 90 Within 180 days after copies of the draft are issued a plan is filed under par. (b), the commission shall hold a hearing on the draft which may not be a hearing under s. 227.42 or 227.44 on the plan. The hearing shall be held in an administrative district, established by executive order 22, issued August 24, 1970, which the commission determines will be significantly affected by facilities on which an electric utility plans to commence construction within installations proposed in the plan to be constructed in the following 3 years. The commission may thereafter adjourn the hearing to other locations or may conduct the hearing by interactive video conference or other electronic method. Notice of such hearing shall be given by class 1 notice, under ch. 985, published in the official state newspaper and such other regional papers of general circulation as may be designated by the commission. At such hearing the commission shall briefly describe the strategic energy assessment plan and give all interested persons an opportunity, subject to reasonable limitations on the presentation of repetitious material, to express their views on any aspect of the strategic energy assessment plan. A record of the hearing shall be made and considered by the commission as comments on the strategic energy assessment plan under par. (e). The electric utility, any agency, county, municipality, or town, or any person whose substantial rights may be adversely affected by the testing for or construction of installations described in an integrated resource and reliability plan shall, upon filing written notice setting forth its interest at least 10 days in integrated resource and reliability, be afforded all the rights of a party in a contested case.

AB682,38 Section 38. 196.491 (2) (gm) of the statutes is repealed.

AB682,39 Section 39. 196.491 (2) (i) of the statutes is created to read:

AB682,,82 196.491 (2) (i) A plan shall be approved if, based upon the record of the hearing and the written comments submitted under pars. (c) and (e), the commission determines that the plan meets all of the following conditions:

AB682,,83 1. Provides for a reasonably adequate supply of electrical energy to meet the needs of the public during the planning period.

AB682,,84 2. Is in the public interest when considering engineering, economic, health, safety, reliability, efficiency, and environmental factors and alternate methods of generation or sources of supply.

AB682,,85 3. Is reasonably coordinated with long-range plans and policies of other state agencies or that a reasonable effort has been made to coordinate with such plans and policies.

AB682,,86 4. Provides for programs that discourage inefficient and excessive power use.

AB682,40 Section 40. 196.491 (2) (j) of the statutes is created to read:

AB682,,88 196.491 (2) (j) If any portion of a plan does not meet the criteria under par. (i), the commission shall disapprove the plan or portion thereof, or approve them subject to such modifications as may be necessary to meet those criteria.

AB682,41 Section 41. 196.491 (2) (jm) of the statutes is created to read:

AB682,,90 196.491 (2) (jm) The commission shall either approve or disapprove each plan within 18 months after it is filed.

AB682,42 Section 42. 196.491 (2) (k) of the statutes is created to read:

AB682,,92 196.491 (2) (k) Any portion of a plan that is not approved may be resubmitted by the electric utility after entry of the order of disapproval and, if resubmitted, shall be reviewed under this subsection in the same manner as a new integrated resource and reliability plan, except that the commission may reduce the time for comments thereon to not less than 30 days.

AB682,43 Section 43. 196.491 (2) (km) of the statutes is created to read:

AB682,,94 196.491 (2) (km) An electric utility may file an amendment to a previously approved plan with the commission at any time. The commission may grant review and approval under pars. (b) to (L) and may reduce the time for comments thereon to not less than 30 days.

AB682,44 Section 44. 196.491 (2) (L) of the statutes is created to read:

AB682,,96 196.491 (2) (L) After a plan has been approved, the commission may limit the scope of the issues upon review of a subsequent plan to those directly related to material changes.

AB682,45 Section 45. 196.491 (2) (m) of the statutes is created to read:

AB682,,98 196.491 (2) (m) Any major contract relating to an installation for which neither a certificate of public convenience and necessity under sub. (3) nor a certificate under s. 196.49 has been applied for, other than a contract relating to acquisition of real property, shall be reported in writing to the commission, indicating the general nature and amount of that commitment, within 30 days after it has been entered into.

AB682,46 Section 46. 196.491 (2r) of the statutes is amended to read:

AB682,,100 196.491 (2r) Local ordinances. No local ordinance may prohibit or restrict testing activities undertaken by an electric utility for purposes of preparing integrated resource and reliability plans or determining the suitability of a site for the placement of a facility an installation. Any local unit of government objecting to such testing may petition the commission to impose reasonable restrictions on such activity.

AB682,47 Section 47. 196.491 (3) (dm) of the statutes is amended to read:

AB682,,102 196.491 (3) (dm) In making a determination required under par. (d), the commission may not consider a factual conclusion in a strategic energy assessment an integrated resource and reliability plan unless the conclusion is independently corroborated in the hearing under par. (b).

AB682,48 Section 48. 196.491 (5m) of the statutes is created to read:

AB682,,104 196.491 (5m) Closure of large electric generating facilities. (a) No electric utility may permanently close a large electric generating facility unless the electric utility submits notice of the closure to the commission no less than 180 days prior to the planned closure.

AB682,,105 (b) After receiving the notice under par. (a), the commission shall allow interested parties 30 days to make comments and shall hold a hearing on the effect of the proposed closure on electric reliability.

AB682,,106 (c) After holding the hearing and after expiration of the public comment period under par. (b), the commission shall make a determination as to whether the proposed closure under par. (a) will have an impact on reliability of electric service. In making this determination, the commission shall consider the electric utility’s most recent integrated resources and reliability plan under sub. (2), any information the commission collected from the electric utility, information provided during the public hearing and public comment period, and any other information the commission deems relevant.

AB682,,107 (d) The commission shall notify the electric utility of its determination as to whether the proposed closure under par. (a) will have an impact on reliability of electric service no less than 45 days prior to the planned closure.

AB682,49 Section 49. 196.795 (7) (a) 1. b. of the statutes is amended to read:

AB682,,109 196.795 (7) (a) 1. b. Any public utility or member of a cooperative association organized under ch. 185 which reports or has reported information to the commission under the rules promulgated files or has filed an integrated resource and reliability plan under s. 196.491 (2) (ag).

AB682,,110 (end)