AB174: Bill Text

AB174,16,17 (3) Splitting of facilities prohibited. An owner of a proposed specified facility may not separate the proposed specified facility into multiple specified facilities to decrease the nominal capacity of each of the specified facilities below 100 megawatts to construct the specified facilities without complying with the requirements under this section.

AB174,16,21 (4) Recording; enforcement; transfers. (a) Upon purchase of an agricultural conservation easement pursuant to sub. (2) (a), the holder shall promptly record the easement with the register of deeds of the county in which the land subject to the easement is located.

AB174,16,24 (b) The department may enforce and defend an agricultural conservation easement purchased pursuant to sub. (2) (a) and may, on behalf of this state, bring an action to enforce or defend such an easement.

AB174,17,3 (c) The transfer of a holder’s interest in an agricultural conservation easement purchased pursuant to sub. (2) (a) does not affect the department’s authority to bring an action to enforce the agricultural conservation easement.

AB174,17,5 (d) A holder of an agricultural conservation easement purchased pursuant to sub. (2) (a) may not terminate the easement except as provided under sub. (2) (d) 2.

AB174,17,10 (e) If an owner of a specified facility that is required to purchase an agricultural conservation easement under sub. (2) (a) transfers ownership of the specified facility, the owner shall also transfer all agricultural conservation easements purchased for the specified facility that are held by the owner to the person to which the specified facility is transferred.

AB174,16 Section 16. 114.135 (7) of the statutes is renumbered 114.135 (7) (b) (intro.) and amended to read:

AB174,17,15 114.135 (7) (b) (intro.) For the purposes of sub. (6), the power and authority to control the erection of buildings, structures, towers, and other objects by the secretary of transportation shall be limited to those objects all of the following:

AB174,17,17 1. An object that would either extend to a height of more than 500 feet above the ground or surface of the water within one mile of the location of the object, or.

AB174,17,20 2. An object that would extend above a height determined by the ratio of one foot vertical to 40 feet horizontal measured from the nearest boundary of the nearest public airport or spaceport within the state; however, this.

AB174,18,2 (c) The power and authority under par. (b) shall not extend to objects of less than 150 feet in height above the ground or water level at the location of the object or to objects located within areas zoned under s. 114.136 or to objects located within areas zoned under s. 62.23 (7) where the zoning ordinance enacted under said subsection controls the height of structures.

AB174,17 Section 17. 114.135 (7) (a) of the statutes is created to read:

AB174,18,4 114.135 (7) (a) In this subsection:

AB174,18,6 1. “High-voltage transmission line tower” means a tower used to support a high-voltage transmission line, as defined in s. 196.491 (1) (f).

AB174,18,10 2. “Light-mitigating technology system” means aircraft detection lighting or any other comparable system capable of reducing the impact of obstruction lighting while maintaining conspicuity sufficient to assist aircraft in identifying and avoiding collision with a structure.

AB174,18,13 3. “Utility structure” means a high-voltage transmission line tower or a wind energy system that meets the criteria that would require submittal of a notice to the federal aviation administration under 14 CFR 77.9.

AB174,18,14 4. “Wind energy system” has the meaning given in s. 66.0403 (1) (m).

AB174,18 Section 18. 114.135 (7) (b) 3. of the statutes is created to read:

AB174,18,16 114.135 (7) (b) 3. A utility structure.

AB174,19 Section 19. 114.135 (7) (d) of the statutes is created to read:

AB174,19,2 114.135 (7) (d) 1. The secretary may not issue a permit under sub. (6) for a utility structure placed in service on or after the effective date of this subdivision .... [LRB inserts date], under par. (b) 3. unless the applicant has received federal aviation administration approval to install a light-mitigating technology system on the utility structure and the permit under sub. (6) includes as a condition that the applicant install the light-mitigating technology system no later than 24 months after issuance of the permit.

AB174,19,14 2. No person may install a light-mitigating technology system on a utility structure unless the person is approved by the federal aviation administration to perform that installation. A person who is selected to install a light-mitigating technology system on a utility structure required under subd. 1. shall provide notice to the department and to the city, village, or town in which the utility structure is located, in the form and manner prescribed by the department, of the progress of the installation. If the installation is delayed beyond the 24-month installation requirement under subd. 1., the installer shall provide an update to the department and to the city, village, or town in which the utility structure is located on the reasons for the delay and the current status of the installation not less than once every 3 months. The department may establish policies and procedures to set a uniform schedule for submitting notice and updates pursuant to this subdivision.

AB174,19,19 3. No later than July 1, 2026, the owner of a utility structure placed in service before the effective date of this subdivision .... [LRB inserts date], for which a permit is issued under sub. (6) shall submit a report to the public service commission on the commercial feasibility of installing a light-mitigating technology system on the utility structure.

AB174,20 Section 20. 196.374 (3) (a) of the statutes is amended to read:

AB174,20,6 196.374 (3) (a) In general. The commission shall have oversight of programs under sub. (2). The commission shall maximize coordination of program delivery, including coordination between programs under subs. (2) (a) 1., (b) 1. and 2., and (c) and (7), ordered programs, low-income weatherization programs under s. 16.957, renewable resource low-carbon-emission energy source programs under s. 196.378, and other energy efficiency or renewable resource programs. The commission shall cooperate with the department of natural resources to ensure coordination of energy efficiency and renewable resource programs with air quality programs and to maximize and document the air quality improvement benefits that can be realized from energy efficiency and renewable resource programs.

AB174,21 Section 21. 196.378 (title) of the statutes is repealed and recreated to read:

AB174,20,8 196.378 (title) Low-carbon-emission energy sources.

AB174,22 Section 22. 196.378 (1) (ag) of the statutes is amended to read:

AB174,20,12 196.378 (1) (ag) “Baseline renewable low-carbon-emission percentage” means the average of an energy provider’s renewable energy percentage, as defined in par. (fm), 2023 stats., for 2001, 2002, and 2003.

AB174,23 Section 23. 196.378 (1) (am) of the statutes is amended to read:

AB174,20,15 196.378 (1) (am) “Biomass cofired facility” means a renewable low-carbon- emission facility in which biomass and conventional resources are fired together.

AB174,24 Section 24. 196.378 (1) (ar) of the statutes is amended to read:

AB174,20,22 196.378 (1) (ar) “Biomass” means a resource that derives energy from wood or plant material or residue, biological waste, crops grown for use as a resource or landfill gases. “Biomass” does not include garbage, as defined in s. 289.01 (9), or nonvegetation-based industrial, commercial, or household waste, except that “biomass” includes refuse-derived fuel used for a renewable low-carbon-emission facility that was in service before January 1, 1998.

AB174,25 Section 25. 196.378 (1) (b) of the statutes is amended to read:

AB174,21,2 196.378 (1) (b) “Conventional resource” means a resource that derives energy from coal, oil, nuclear power or natural gas, except for natural gas used in a fuel cell.

AB174,26 Section 26. 196.378 (1) (e) and (em) of the statutes are created to read:

AB174,21,5 196.378 (1) (e) “Large solar electric generating facility” has the meaning given in s. 196.491 (1) (h).

AB174,21,7 (em) “Large wind electric generating facility” has the meaning given in s. 196.491 (1) (i).

AB174,27 Section 27. 196.378 (1) (fg) of the statutes is amended to read:

AB174,21,10 196.378 (1) (fg) “Renewable Low-carbon-emission energy” means electricity derived from a renewable low-carbon-emission resource.

AB174,28 Section 28. 196.378 (1) (fm) of the statutes is amended to read:

AB174,21,16 196.378 (1) (fm) “Renewable Low-carbon-emission energy percentage” means, with respect to an electric provider for a particular year, the percentage that results from dividing the sum of the megawatt hours represented by the following by the total amount of electricity that the electric provider sold to retail customers or members in that year:

AB174,21,18 1. The renewable low-carbon-emission resource credits created from the electric provider’s total renewable low-carbon-emission energy in that year.

AB174,21,21 2. Any renewable low-carbon-emission resource credits in addition to the renewable low-carbon-emission resource credits specified in subd. 1. that the electric provider elects to use in that year.

AB174,29 Section 29. 196.378 (1) (fr) of the statutes is amended to read:

AB174,22,2 196.378 (1) (fr) “Renewable Low-carbon-emission energy supplier” means a person from whom an electric provider purchases renewable low-carbon-emission energy at wholesale.

AB174,30 Section 30. 196.378 (1) (g) of the statutes is amended to read:

AB174,22,6 196.378 (1) (g) “Renewable Low-carbon-emission facility” means an installed and operational electric generating facility, located in or outside this state, that generates renewable low-carbon-emission energy.

AB174,31 Section 31. 196.378 (1) (h) (intro.) of the statutes is amended to read:

AB174,22,9 196.378 (1) (h) (intro.) “Renewable Low-carbon-emission resource” means any of the following:

AB174,32 Section 32. 196.378 (1) (h) 1. a. of the statutes is amended to read:

AB174,22,12 196.378 (1) (h) 1. a. A fuel cell that uses, as determined by the commission, a renewable low-carbon-emission fuel.

AB174,33 Section 33. 196.378 (1) (h) 1r. of the statutes is created to read:

AB174,22,14 196.378 (1) (h) 1r. A resource that derives electricity from nuclear power.

AB174,34 Section 34. 196.378 (1) (h) 2. of the statutes is amended to read:

AB174,22,18 196.378 (1) (h) 2. Any other resource, except a conventional resource, that the commission designates as a renewable low-carbon-emission resource in rules promulgated under sub. (4).

AB174,35 Section 35. 196.378 (1) (i) of the statutes is amended to read:

AB174,22,22 196.378 (1) (i) “Renewable Low-carbon-emission resource credit” means a credit calculated in accordance with rules promulgated under sub. (3) (a) 1., 1m., and 2.

AB174,36 Section 36. 196.378 (1) (o) of the statutes is amended to read:

AB174,23,5 196.378 (1) (o) “Total renewable low-carbon-emission energy” means the total amount of renewable low-carbon-emission energy that the electric provider sold to its customers or members in a year. “Total renewable low-carbon-emission energy” does not include any energy that is used to comply with the renewable low-carbon- emission energy requirements of another state. “Total renewable low-carbon- emission energy” includes all of the following:

AB174,23,10 1. Renewable Low-carbon-emission energy supplied by a renewable low- carbon-emission facility owned or operated by an affiliated interest or wholesale supplier of an electric provider and allocated to the electric provider under an agreement between the electric provider and the affiliated interest or wholesale supplier.

AB174,23,16 2. Renewable Low-carbon-emission energy purchased by an affiliated interest or wholesale supplier of an electric provider from a renewable low-carbon-emission facility that is not owned or operated by the affiliated interest or wholesale supplier, which renewable low-carbon-emission energy is allocated to the electric provider under an agreement between the electric provider and the affiliated interest or wholesale supplier.

AB174,37 Section 37. 196.378 (2) (title) of the statutes is amended to read:

AB174,23,18 196.378 (2) (title) Renewable Low-carbon-emission resource energy.

AB174,38 Section 38. 196.378 (2) (a) 1. of the statutes is amended to read:

AB174,24,4 196.378 (2) (a) 1. No later than June 1, 2016 2027, the commission shall prepare a report stating whether, by December 31, 2015 2026, the state has met a goal of 10 percent of all electric energy consumed in the state being renewable low- carbon-emission energy. If the goal has not been achieved, the 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).

AB174,39 Section 39. 196.378 (2) (a) 2. a. to f. of the statutes are amended to read:

AB174,24,9 196.378 (2) (a) 2. a. For the years 2006, 2007, 2008, and 2009, each electric provider may not decrease its renewable energy percentage, as defined in sub. (1) (fm), 2023 stats., below the electric provider’s baseline renewable percentage, as defined in sub. (1) (ag), 2023 stats.

AB174,24,13 b. For the year 2010, each electric provider shall increase its renewable energy percentage, as defined in sub. (1) (fm), 2023 stats., so that it is at least 2 percentage points above the electric provider’s baseline renewable percentage, as defined in sub. (1) (ag), 2023 stats.

AB174,24,17 c. For the years 2011, 2012, 2013, and 2014, each electric provider may not decrease its renewable energy percentage, as defined in sub. (1) (fm), 2023 stats., below the electric provider’s renewable energy percentage, as defined in sub. (1) (fm), 2023 stats., required under subd. 2. b.

AB174,24,21 d. Except as provided in subd. 2. f., for the year 2015, each electric provider shall increase its renewable energy percentage, as defined in sub. (1) (fm), 2023 stats., so that it is at least 6 percentage points above the electric provider’s baseline renewable percentage, as defined in sub. (1) (ag), 2023 stats.

AB174,25,2 e. Except as provided in subd. 2. f., for each year after the years 2015 through 2025, each electric provider may not decrease its renewable energy percentage, as defined in sub. (1) (fm), 2023 stats., below the electric provider’s renewable energy percentage, as defined in sub. (1) (fm), 2023 stats., required under subd. 2. d.

AB174,25,10 f. If an electric provider has a baseline renewable percentage, as defined in sub. (1) (ag), 2023 stats., that exceeds 12 percent and a renewable energy percentage, as defined in sub. (1) (fm), 2023 stats., that exceeds 14 percent for the year 2014, the electric provider shall maintain its renewable energy percentage, as defined in sub. (1) (fm), 2023 stats., in the years 2015 and thereafter through 2025 and its low-carbon-emission energy percentage in the years 2026 and thereafter at a level that is at least 2 percentage points above its baseline renewable percentage, as defined in sub. (1) (ag), 2023 stats.

AB174,40 Section 40. 196.378 (2) (a) 2. em. of the statutes is created to read:

AB174,25,15 196.378 (2) (a) 2. em. Except as provided in subd. 2. f., for each year after 2025, each electric provider may not decrease its low-carbon-emission energy percentage below the electric provider’s renewable energy percentage, as defined in sub. (1) (fm), 2023 stats., required under subd. 2. d.

AB174,41 Section 41. 196.378 (2) (b) 5. of the statutes is amended to read:

AB174,25,23 196.378 (2) (b) 5. An electric provider that purchases renewable low-carbon- emission energy from a renewable low-carbon-emission energy supplier may use an allocated share of the renewable low-carbon-emission energy sold by the renewable low-carbon-emission energy supplier to comply with a requirement under par. (a) 2. or to create a credit under sub. (3) (a), provided that the cost of the renewable low- carbon-emission energy is included in the price the electric provider paid the renewable low-carbon-emission energy supplier.

AB174,42 Section 42. 196.378 (2) (bm) of the statutes is amended to read:

AB174,26,3 196.378 (2) (bm) Each electric provider shall annually retire renewable low- carbon-emission resource credits sufficient to satisfy the electric provider’s renewable low-carbon-emission energy percentage required under par. (a) 2.

AB174,43 Section 43. 196.378 (2) (c) of the statutes is amended to read:

AB174,26,20 196.378 (2) (c) 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 low-carbon-emission energy percentage for the previous year and describes the electric provider’s compliance with par. (a) 2. and the electric provider’s implementation plans for future compliance. Reports under this paragraph may include certifications from renewable low-carbon-emission energy suppliers regarding the sources and amounts of renewable low-carbon-emission 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). No later than 90 days after the commission’s receipt of an electric provider’s report, the commission shall inform the electric provider whether the electric provider is in compliance with par. (a) 2.

AB174,44 Section 44. 196.378 (2) (d) (intro.) of the statutes is amended to read:

AB174,27,3 196.378 (2) (d) (intro.) The commission shall allow an electric utility to recover from ratepayers the cost of providing total renewable low-carbon-emission energy to its retail customers in amounts that equal or exceed the percentages specified in par. (a). Subject to any approval of the commission that is necessary, an electric utility may recover costs under this paragraph by any of the following methods:

AB174,45 Section 45. 196.378 (2) (d) 2. of the statutes is amended to read:

AB174,27,7 196.378 (2) (d) 2. Establishing alternative price structures, including price structures under which customers pay a premium for renewable low-carbon- emission energy.

AB174,46 Section 46. 196.378 (2) (e) 2. of the statutes is amended to read:

AB174,27,14 196.378 (2) (e) 2. Notwithstanding reasonable efforts to protect against unreasonable increases in rates of the applicant’s ratepayers or members, compliance with the deadline will result in unreasonable increases in rates of the applicant’s ratepayers or members, including increases that are due to the discontinuation of federal renewable energy tax credits or other federal policies intended to reduce the acquisition costs of renewable low-carbon-emission energy.

AB174,47 Section 47. 196.378 (2) (e) 3. of the statutes is amended to read:

AB174,27,19 196.378 (2) (e) 3. Notwithstanding reasonable efforts to obtain required approvals, the applicant cannot comply with the deadline because the applicant or a supplier has experienced or will experience delays in receiving required siting or permitting approvals for renewable low-carbon-emission energy projects.