Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB682 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 682
5	5	November 27, 2023 - Introduced by Representatives GUSTAFSON, NEYLON, ANDRACA,
6	6	DITTRICH, KRUG, MURPHY, O'CONNOR, RETTINGER, ROZAR, SPIROS and TITTL,
7	7	cosponsored by Senators COWLES and STROEBEL. Referred to Committee on
8	8	Energy and Utilities.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 196.491 (2) (a) 3g., 196.491 (2) (a) 3r., 196.491 (2) (a) 12.,
11	11	196.491 (2) (a) 13., 196.491 (2) (b) 10. and 196.491 (2) (gm); to renumber and
12	12	amend 196.027 (1) (f); to amend 196.025 (1) (ar), 196.027 (3) (b), 196.378 (2)
13	13	(c), 196.491 (title), 196.491 (1) (b), 196.491 (2) (a) 3., 196.491 (2) (a) 3m., 196.491
14	14	(2) (a) 4., 196.491 (2) (a) 7., 196.491 (2) (ag), 196.491 (2) (b) 7., 196.491 (2) (b) 8.,
15	15	196.491 (2) (e), 196.491 (2) (f), 196.491 (2) (g), 196.491 (2r), 196.491 (3) (dm) and
16	16	196.795 (7) (a) 1. b.; to repeal and recreate 196.491 (2) (title), 196.491 (2) (a)
17	17	(intro.) and 196.491 (2) (b) (intro.); and to create 196.027 (1) (d) 3., 196.027 (1)
18	18	(f) 1. b., 196.491 (1) (fm), 196.491 (1) (s), 196.491 (2) (a) 1., 196.491 (2) (a) 2.,
19	19	196.491 (2) (a) 5., 196.491 (2) (a) 6., 196.491 (2) (a) 8., 196.491 (2) (a) 14., 196.491
20	20	(2) (b) 11., 196.491 (2) (c), 196.491 (2) (d), 196.491 (2) (i), 196.491 (2) (j), 196.491
21	21	(2) (jm), 196.491 (2) (k), 196.491 (2) (km), 196.491 (2) (L), 196.491 (2) (m) and
22	22	196.491 (5m) of the statutes; relating to: use of environmental trust bonds to
23	23	finance the costs of retiring electric generating facilities; integrated resource
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39	39	ASSEMBLY BILL 682
40	40	and reliability planning by electric utilities and cooperatives; closure of large
41	41	electric generating facilities; and granting rule-making authority.
42	42	Analysis by the Legislative Reference Bureau
43	43	This bill authorizes the use of environmental trust financing for the costs of
44	44	retiring an electric generating facility, requires integrated resource and reliability
45	45	planning by electric utilities and cooperatives, eliminates the requirement that the
46	46	Public Service Commission prepare a biennial strategic energy assessment, and
47	47	provides a process by which PSC determines whether a proposed closure of a large
48	48	electric generating facility will affect electric reliability.
49	49	Environmental trust financing
50	50	Under current law, an energy utility is allowed to apply to PSC for an order
51	51	allowing the utility to finance or recover the costs of the following activities by issuing
52	52	bonds: 1) the construction, installation, or otherwise putting into place of
53	53	environmental control equipment in connection with a plant that, before March 30,
54	54	2004, has been used to provide service to customers; and 2) the retiring of any
55	55	existing plant, facility, or other property to reduce, control, or eliminate
56	56	environmental pollution in accordance with federal or state law. Current law defines
57	57	these activities as “environmental control activities.” If approved by PSC, the bonds,
58	58	which are referred to as “environmental trust bonds,” are secured by revenues
59	59	arising from charges paid by an energy utility's customers for the utility to recover
60	60	the cost of the activities, as well as the cost of financing the bonds.
61	61	This bill adds the retiring of any existing electric generating facility as an
62	62	environmental control activity, the costs of which, including the unrecovered value,
63	63	may be financed or recovered by an environmental trust bond. In addition, with
64	64	respect to this new environmental control activity, the bill adds to the costs that may
65	65	be financed or recovered the portion of an energy utility's rate that is attributable to
66	66	the rate of return for the facility authorized under PSC's order in a rate-making
67	67	proceeding and that is forgone as a result of the retirement. Under current law, the
68	68	costs that may be financed or recovered include capital cost incurred or expected to
69	69	be incurred in undertaking an environmental control activity and, with respect to
70	70	retiring a plant, facility, or other property, the unrecovered value of property that is
71	71	retired.
72	72	Under this bill, PSC may order an energy utility to use environmental trust
73	73	bonds to finance an expenditure. Under current law, PSC may not order an energy
74	74	utility to use environmental trust bonds to finance an expenditure unless the energy
75	75	utility has applied to PSC to do so, and PSC may not refuse to allow an energy utility
76	76	to recover costs for environmental control activities in an alternate manner because
77	77	of the potential availability of environmental trust financing.
78	78	Integrated resource and reliability planning
79	79	This bill requires electric utilities and cooperative associations to submit
80	80	biennial integrated resource and reliability plans to PSC that include certain
81	81	information about their plans to construct the following: 1) large electric generating
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87	87	facilities with a capacity of 100 megawatts or more; 2) small electric generating
88	88	facilities with a capacity of at least 12 but less than 100 megawatts; and 3)
89	89	high-voltage transmission lines that are longer than one mile and operate at 100
90	90	kilovolts or more. As part of an integrated resource and reliability plan, an electric
91	91	utility must identify alternatives to the proposed electric generating facilities,
92	92	including alternative locations, fuel types, and methods of generation, and must
93	93	explain the reasons for selecting the types of electric generating facilities proposed.
94	94	An electric utility must also identify alternative routes for any high-voltage
95	95	transmission lines proposed and indicate their effects on the environment and how
96	96	the utility will avoid or minimize potential adverse effects. An electric utility's
97	97	detailed projection for electricity demand and assessment of whether it has sufficient
98	98	capacity to make electricity available to consumers at a reasonable price must also
99	99	be included in the plan, as well as a description of existing and planned programs and
100	100	policies for discouraging inefficient and excessive electricity use. After holding a
101	101	hearing on a utility's plan, PSC may approve the plan if PSC finds that the plan will
102	102	provide a reasonably adequate supply of electricity to meet the needs of the public
103	103	and that the plan satisfies certain other criteria.
104	104	Strategic energy assessment
105	105	In addition, the bill eliminates the requirement that PSC prepare a biennial
106	106	strategic energy assessment. Under current law, the strategic energy assessment
107	107	evaluates the adequacy and reliability of the state's current and future energy supply
108	108	and includes information on the following: 1) planned large electric generating
109	109	facilities and high-voltage transmission lines; 2) plans for assuring an adequate
110	110	ability to transfer electricity into the state; 3) the projected demand for electricity;
111	111	4) activities discouraging inefficient and excessive electricity use; 5) the extent to
112	112	which effective competition contributes to a reliable, low-cost, and environmentally
113	113	sound source of electricity; and 6) whether sufficient electricity is available at a
114	114	reasonable price. Current law requires PSC to hold a hearing on a draft of the
115	115	strategic energy assessment and prepare a final strategic energy assessment based
116	116	on received comments.
117	117	Closure of large electric generating facilities
118	118	The bill requires electric utilities and cooperative associations to notify PSC at
119	119	least 180 days prior to closing any large electric generating facility with a capacity
120	120	of 100 megawatts or more, and requires PSC, after public comment and hearing, to
121	121	issue a determination as to whether the proposed closure will have an effect on
122	122	electric reliability. The bill requires PSC to make its determination by considering
123	123	the utility or cooperative's most recent integrated resources and reliability plan and
124	124	information collected from the electric utility or cooperative and from the public, as
125	125	well as any other information PSC deems relevant. Under the bill, PSC must notify
126	126	the electric utility or cooperative of its determination no less than 45 days prior to
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129	129	ASSEMBLY BILL 682
130	130	For further information see the state fiscal estimate, which will be printed as
131	131	an appendix to this bill.
132	132	The people of the state of Wisconsin, represented in senate and assembly, do
133	133	enact as follows:
134	134	SECTION 1. 196.025 (1) (ar) of the statutes is amended to read:
135	135	196.025 (1) (ar) Consideration of energy priorities. Except as provided in pars.
136	136	(b) to (d), to the extent cost-effective, technically feasible and environmentally
137	137	sound, the commission shall implement the priorities under s. 1.12 (4) in making all
138	138	energy-related decisions and orders, including strategic energy assessment
139	139	approval of integrated resource and reliability plans under s. 196.491 (2), rate setting
140	140	and rule-making orders.
141	141	SECTION 2. 196.027 (1) (d) 3. of the statutes is created to read:
142	142	196.027 (1) (d) 3. The retiring of any existing electric generating facility.
143	143	SECTION 3. 196.027 (1) (f) of the statutes is renumbered 196.027 (1) (f) 1. (intro.)
144	144	and amended to read:
145	145	196.027 (1) (f) 1. (intro.) “Environmental control cost" means capital all of the
146	146	following:
147	147	a. Capital cost, including the capitalized cost relating to regulatory assets,
148	148	incurred or expected to be incurred by an energy utility in undertaking an
149	149	environmental control activity and, with respect to an environmental control activity
150	150	described in par. (d) 2., includes or 3., the unrecovered value of property that is
151	151	retired, including any demolition or similar cost that exceeds the salvage value of the
152	152	property.
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174	174	SECTION 3
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176	176	2. “Environmental control cost" does not include any monetary penalty, fine,
177	177	or forfeiture assessed against an energy utility by a government agency or court
178	178	under a federal or state environmental statute, rule, or regulation.
179	179	SECTION 4. 196.027 (1) (f) 1. b. of the statutes is created to read:
180	180	196.027 (1) (f) 1. b. With respect to an environmental control activity described
181	181	in par. (d) 3., and subject to sub. (2) (b) 2. a., the portion of an energy utility's rate that
182	182	is attributable to the rate of return for the facility authorized under the commission's
183	183	order in a rate-making proceeding and that is forgone as a result of the retirement.
184	184	SECTION 5. 196.027 (3) (b) of the statutes is amended to read:
185	185	196.027 (3) (b) The commission may not order or otherwise directly or
186	186	indirectly require an energy utility to use environmental trust bonds to finance any
187	187	a project, addition, plant, facility, extension, capital improvement, environmental
188	188	control equipment, retirement, or any other expenditure, unless, except as provided
189	189	in sub. (2) (c), the energy utility has made an application under sub. (2) (a) to finance
190	190	such expenditure using environmental trust bonds. The commission may not refuse
191	191	to allow an energy utility to recover costs for environmental control activities in an
192	192	otherwise permissible fashion solely because of the potential availability of
193	193	environmental trust financing.
194	194	SECTION 6. 196.378 (2) (c) of the statutes is amended to read:
195	195	196.378 (2) (c) No later than April 15 annually, or another annual date specified
196	196	by the commission by rule, an electric provider shall submit a report to the
197	197	commission that identifies the electric provider's renewable energy percentage for
198	198	the previous year and describes the electric provider's compliance with par. (a) 2. and
199	199	the electric provider's implementation plans for future compliance. Reports under
200	200	this paragraph may include certifications from renewable energy suppliers
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227	227	SECTION 6 ASSEMBLY BILL 682
228	228	regarding the sources and amounts of renewable energy supplied to the electric
229	229	provider. The commission may specify the documentation that is required to be
230	230	included with reports submitted under this paragraph. The commission may require
231	231	that electric providers submit the reports in a proceeding, initiated by the
232	232	commission under this section relating to the implementation of s. 1.12, or in a
233	233	proceeding for preparing a strategic energy assessment an integrated resource and
234	234	reliability plan under s. 196.491 (2). No later than 90 days after the commission's
235	235	receipt of an electric provider's report, the commission shall inform the electric
236	236	provider whether the electric provider is in compliance with par. (a) 2.
237	237	SECTION 7. 196.491 (title) of the statutes is amended to read:
238	238	196.491 (title) Strategic energy assessment Integrated resource and
239	239	reliability planning; electric generating facilities and transmission lines;
240	240	natural gas lines.
241	241	SECTION 8. 196.491 (1) (b) of the statutes is amended to read:
242	242	196.491 (1) (b) “Commencement of construction" means site clearing,
243	243	excavation, placement of facilities or installations, or any other substantial action
244	244	adversely affecting the natural environment of the site, but does not mean borings
245	245	necessary to determine foundation conditions or other preconstruction monitoring
246	246	to establish background information related to site or environmental suitability.
247	247	SECTION 9. 196.491 (1) (fm) of the statutes is created to read:
248	248	196.491 (1) (fm) “Installation” means, unless the context requires otherwise,
249	249	a small electric generating facility, a large electric generating facility, or a
250	250	high-voltage transmission line.
251	251	SECTION 10. 196.491 (1) (s) of the statutes is created to read:
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280	280	196.491 (1) (s) “Small electric generating facility” means electric generating
281	281	equipment and associated facilities designed for nominal operation at a capacity of
282	282	at least 12 but less than 100 megawatts.
283	283	SECTION 11. 196.491 (2) (title) of the statutes is repealed and recreated to read:
284	284	196.491 (2) (title) INTEGRATED RESOURCE AND RELIABILITY PLANNING.
285	285	SECTION 12. 196.491 (2) (a) (intro.) of the statutes is repealed and recreated to
286	286	read:
287	287	196.491 (2) (a) (intro.) On or before July 1 of each even-numbered year, or such
288	288	biennial period as the commission may approve, each electric utility shall file its plan
289	289	with the commission and with those persons or agencies listed in par. (b). Such plans
290	290	may be appropriate portions of a single regional plan or may be prepared jointly by
291	291	2 or more electric utilities, and shall do all of the following:
292	292	SECTION 13. 196.491 (2) (a) 1. of the statutes is created to read:
293	293	196.491 (2) (a) 1. Describe the general location, size, and type of installations
294	294	that are expected to be owned or operated in whole or in part by the utility and the
295	295	construction of which is expected to commence during the next 10 years, or such
296	296	longer period as the commission deems necessary, and shall identify all existing
297	297	installations intended to be removed from service during the period or upon
298	298	completion of such construction.
299	299	SECTION 14. 196.491 (2) (a) 2. of the statutes is created to read:
300	300	196.491 (2) (a) 2. Identify practical alternatives to the general location, fuel
301	301	type, and method of generation of the proposed electric generating facilities, and set
302	302	forth in detail the reasons for selecting the proposed general location, fuel type, and
303	303	method of generation.
304	304	SECTION 15. 196.491 (2) (a) 3. of the statutes is amended to read:
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331	331	SECTION 15 ASSEMBLY BILL 682
332	332	196.491 (2) (a) 3. Identify and describe the location of proposed and alternative
333	333	sites for large electric generating facilities on which an electric utility plans to
334	334	commence construction within 3 years for which neither a certificate of public
335	335	convenience and necessity under sub. (3) nor a certificate under s. 196.49 has been
336	336	applied for but the commencement of whose construction is planned within 5 years,
337	337	or such longer period as the commission deems necessary, and indicate the impacts
338	338	of the proposed and alternative generating facilities on the environment and the
339	339	means by which potential adverse effects on such values will be avoided or
340	340	minimized.
341	341	SECTION 16. 196.491 (2) (a) 3g. of the statutes is repealed.
342	342	SECTION 17. 196.491 (2) (a) 3m. of the statutes is amended to read:
343	343	196.491 (2) (a) 3m. Identify and describe the location of tentative and
344	344	alternative routes for high-voltage transmission lines on which an electric utility
345	345	plans to commence construction within 3 years is intended to be commenced in the
346	346	next 5 years and indicate the effects of the transmission lines on the environment and
347	347	the means by which potential adverse effects will be avoided or minimized.
348	348	SECTION 18. 196.491 (2) (a) 3r. of the statutes is repealed.
349	349	SECTION 19. 196.491 (2) (a) 4. of the statutes is amended to read:
350	350	196.491 (2) (a) 4. Identify and describe Indicate in detail the projected demand
351	351	for electric energy over the next 5 years and the basis for determining the projected
352	352	demand, and assess whether the utility has sufficient electric capacity and energy
353	353	to make electric capacity and energy available to customers at a reasonable price
354	354	over that period.
355	355	SECTION 20. 196.491 (2) (a) 5. of the statutes is created to read:
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384	384	196.491 (2) (a) 5. Describe the electric utility's relationship to other electric
385	385	utilities and regional associations, power pools, and networks.
386	386	SECTION 21. 196.491 (2) (a) 6. of the statutes is created to read:
387	387	196.491 (2) (a) 6. Identify and describe all major research projects and
388	388	programs that will continue or commence in the next 5 years and set forth the
389	389	reasons for selecting specific areas for research.
390	390	SECTION 22. 196.491 (2) (a) 7. of the statutes is amended to read:
391	391	196.491 (2) (a) 7. Identify and describe activities existing and planned
392	392	programs and policies to discourage inefficient and excessive power use.
393	393	SECTION 23. 196.491 (2) (a) 8. of the statutes is created to read:
394	394	196.491 (2) (a) 8. Identify the total number of distributed generation facilities,
395	395	as defined in s. 196.496 (1), that are known to be located within the utility's service
396	396	territory and the total generation capacity, actual or projected, of those distributed
397	397	generation facilities.
398	398	SECTION 24. 196.491 (2) (a) 12. of the statutes is repealed.
399	399	SECTION 25. 196.491 (2) (a) 13. of the statutes is repealed.
400	400	SECTION 26. 196.491 (2) (a) 14. of the statutes is created to read:
401	401	196.491 (2) (a) 14. Provide any other information required by the commission.
402	402	SECTION 27. 196.491 (2) (ag) of the statutes is amended to read:
403	403	196.491 (2) (ag) The commission shall promulgate rules that establish
404	404	procedures and requirements for reporting information that is necessary for the
405	405	commission electric utilities to prepare strategic energy assessments integrated
406	406	resource and reliability plans under par. (a) and rules that identify any additional
407	407	information to be included in an integrated resource and reliability plan under par.
408	408	(a) 14.
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435	435	SECTION 28 ASSEMBLY BILL 682
436	436	SECTION 28. 196.491 (2) (b) (intro.) of the statutes is repealed and recreated to
437	437	read:
438	438	196.491 (2) (b) (intro.) A copy of each integrated resource and reliability plan
439	439	shall, at the time it is filed with the commission, also be filed with each of the
440	440	following:
441	441	SECTION 29. 196.491 (2) (b) 7. of the statutes is amended to read:
442	442	196.491 (2) (b) 7. The director or chairperson of each regional planning
443	443	commission constituted under s. 66.0309 which has jurisdiction over any area where
444	444	a facility an installation is proposed to be located or which requests a copy of such
445	445	plan.
446	446	SECTION 30. 196.491 (2) (b) 8. of the statutes is amended to read:
447	447	196.491 (2) (b) 8. The lower Wisconsin state riverway board if the draft plan
448	448	includes an assessment of the construction, modification, or relocation of a
449	449	high-voltage transmission line, as defined in s. 30.40 (3r), that is located in the lower
450	450	Wisconsin riverway as defined in s. 30.40 (15).
451	451	SECTION 31. 196.491 (2) (b) 10. of the statutes is repealed.
452	452	SECTION 32. 196.491 (2) (b) 11. of the statutes is created to read:
453	453	196.491 (2) (b) 11. Standing committees of the legislature with jurisdiction over
454	454	energy and utilities under s. 13.172 (3).
455	455	SECTION 33. 196.491 (2) (c) of the statutes is created to read:
456	456	196.491 (2) (c) The agencies receiving copies under par. (b) 1. to 8. shall review
457	457	the plans and submit their comments to the commission within 180 days after their
458	458	receipt of the plans. Comments shall include all of the following:
459	459	1. A description of any statutory permits or approvals required by the agency.
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488	488	2. A description of the types and forms of information required for adequate
489	489	review of an application for each permit or approval.
490	490	3. A detailed discussion as to the areas in which the plans coordinate with the
491	491	agency's plans, policies, functions, and programs and the areas in which the plans
492	492	conflict and the significance of such conflicts.
493	493	4. To the extent practicable and consistent with its program responsibilities,
494	494	a discussion of the environmental impacts of the plan.
495	495	SECTION 34. 196.491 (2) (d) of the statutes is created to read:
496	496	196.491 (2) (d) The commission shall, within 10 days after the plan is filed, send
497	497	a copy of such plan, or the applicable portion thereof, to the county planner or, if none
498	498	exists, to the county clerk of each county affected by the plan, to the main public
499	499	library of each such county, and to any other county planner, county clerk, or public
500	500	library that requests copies of the plan or portions of the plan. The commission shall
501	501	send a copy of the applicable portion of the plan to the clerk of each municipality and
502	502	town in which a small or large electric generating facility is proposed to be located,
503	503	and shall notify each public library in such municipality or town that copies of the
504	504	plan are available upon request.
505	505	SECTION 35. 196.491 (2) (e) of the statutes is amended to read:
506	506	196.491 (2) (e) Any state agency, as defined in s. 16.310 (1), county,
507	507	municipality, town, or person may submit written comments on any plan to the
508	508	commission on a strategic energy assessment within 90 180 days after copies of the
509	509	draft are issued under par. (b) the plan is filed.
510	510	SECTION 36. 196.491 (2) (f) of the statutes is amended to read:
511	511	196.491 (2) (f) Section 1.11 (2) (c) shall not apply to a strategic energy
512	512	assessment an integrated resource and reliability plan prepared under par. (a).
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539	539	SECTION 37 ASSEMBLY BILL 682
540	540	SECTION 37. 196.491 (2) (g) of the statutes is amended to read:
541	541	196.491 (2) (g) No sooner than 30 and no later than 90 Within 180 days after
542	542	copies of the draft are issued a plan is filed under par. (b), the commission shall hold
543	543	a hearing on the draft which may not be a hearing under s. 227.42 or 227.44 on the
544	544	plan. The hearing shall be held in an administrative district, established by
545	545	executive order 22, issued August 24, 1970, which the commission determines will
546	546	be significantly affected by facilities on which an electric utility plans to commence
547	547	construction within installations proposed in the plan to be constructed in the
548	548	following 3 years. The commission may thereafter adjourn the hearing to other
549	549	locations or may conduct the hearing by interactive video conference or other
550	550	electronic method. Notice of such hearing shall be given by class 1 notice, under ch.
551	551	985, published in the official state newspaper and such other regional papers of
552	552	general circulation as may be designated by the commission. At such hearing the
553	553	commission shall briefly describe the strategic energy assessment plan and give all
554	554	interested persons an opportunity, subject to reasonable limitations on the
555	555	presentation of repetitious material, to express their views on any aspect of the
556	556	strategic energy assessment plan. A record of the hearing shall be made and
557	557	considered by the commission as comments on the strategic energy assessment plan
558	558	under par. (e). The electric utility, any agency, county, municipality, or town, or any
559	559	person whose substantial rights may be adversely affected by the testing for or
560	560	construction of installations described in an integrated resource and reliability plan
561	561	shall, upon filing written notice setting forth its interest at least 10 days in
562	562	integrated resource and reliability, be afforded all the rights of a party in a contested
563	563	case.
564	564	SECTION 38. 196.491 (2) (gm) of the statutes is repealed.
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592	592	SECTION 39
593	593	ASSEMBLY BILL 682
594	594	SECTION 39. 196.491 (2) (i) of the statutes is created to read:
595	595	196.491 (2) (i) A plan shall be approved if, based upon the record of the hearing
596	596	and the written comments submitted under pars. (c) and (e), the commission
597	597	determines that the plan meets all of the following conditions:
598	598	1. Provides for a reasonably adequate supply of electrical energy to meet the
599	599	needs of the public during the planning period.
600	600	2. Is in the public interest when considering engineering, economic, health,
601	601	safety, reliability, efficiency, and environmental factors and alternate methods of
602	602	generation or sources of supply.
603	603	3. Is reasonably coordinated with long-range plans and policies of other state
604	604	agencies or that a reasonable effort has been made to coordinate with such plans and
605	605	policies.
606	606	4. Provides for programs that discourage inefficient and excessive power use.
607	607	SECTION 40. 196.491 (2) (j) of the statutes is created to read:
608	608	196.491 (2) (j) If any portion of a plan does not meet the criteria under par. (i),
609	609	the commission shall disapprove the plan or portion thereof, or approve them subject
610	610	to such modifications as may be necessary to meet those criteria.
611	611	SECTION 41. 196.491 (2) (jm) of the statutes is created to read:
612	612	196.491 (2) (jm) The commission shall either approve or disapprove each plan
613	613	within 18 months after it is filed.
614	614	SECTION 42. 196.491 (2) (k) of the statutes is created to read:
615	615	196.491 (2) (k) Any portion of a plan that is not approved may be resubmitted
616	616	by the electric utility after entry of the order of disapproval and, if resubmitted, shall
617	617	be reviewed under this subsection in the same manner as a new integrated resource
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643	643	SECTION 42 ASSEMBLY BILL 682
644	644	and reliability plan, except that the commission may reduce the time for comments
645	645	thereon to not less than 30 days.
646	646	SECTION 43. 196.491 (2) (km) of the statutes is created to read:
647	647	196.491 (2) (km) An electric utility may file an amendment to a previously
648	648	approved plan with the commission at any time. The commission may grant review
649	649	and approval under pars. (b) to (L) and may reduce the time for comments thereon
650	650	to not less than 30 days.
651	651	SECTION 44. 196.491 (2) (L) of the statutes is created to read:
652	652	196.491 (2) (L) After a plan has been approved, the commission may limit the
653	653	scope of the issues upon review of a subsequent plan to those directly related to
654	654	material changes.
655	655	SECTION 45. 196.491 (2) (m) of the statutes is created to read:
656	656	196.491 (2) (m) Any major contract relating to an installation for which neither
657	657	a certificate of public convenience and necessity under sub. (3) nor a certificate under
658	658	s. 196.49 has been applied for, other than a contract relating to acquisition of real
659	659	property, shall be reported in writing to the commission, indicating the general
660	660	nature and amount of that commitment, within 30 days after it has been entered
661	661	into.
662	662	SECTION 46. 196.491 (2r) of the statutes is amended to read:
663	663	196.491 (2r) LOCAL ORDINANCES. No local ordinance may prohibit or restrict
664	664	testing activities undertaken by an electric utility for purposes of preparing
665	665	integrated resource and reliability plans or determining the suitability of a site for
666	666	the placement of a facility an installation. Any local unit of government objecting
667	667	to such testing may petition the commission to impose reasonable restrictions on
668	668	such activity.
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696	696	SECTION 47
697	697	ASSEMBLY BILL 682
698	698	SECTION 47. 196.491 (3) (dm) of the statutes is amended to read:
699	699	196.491 (3) (dm) In making a determination required under par. (d), the
700	700	commission may not consider a factual conclusion in a strategic energy assessment
701	701	an integrated resource and reliability plan unless the conclusion is independently
702	702	corroborated in the hearing under par. (b).
703	703	SECTION 48. 196.491 (5m) of the statutes is created to read:
704	704	196.491 (5m) CLOSURE OF LARGE ELECTRIC GENERATING FACILITIES. (a) No electric
705	705	utility may permanently close a large electric generating facility unless the electric
706	706	utility submits notice of the closure to the commission no less than 180 days prior to
707	707	the planned closure.
708	708	(b) After receiving the notice under par. (a), the commission shall allow
709	709	interested parties 30 days to make comments and shall hold a hearing on the effect
710	710	of the proposed closure on electric reliability.
711	711	(c) After holding the hearing and after expiration of the public comment period
712	712	under par. (b), the commission shall make a determination as to whether the
713	713	proposed closure under par. (a) will have an impact on reliability of electric service.
714	714	In making this determination, the commission shall consider the electric utility's
715	715	most recent integrated resources and reliability plan under sub. (2), any information
716	716	the commission collected from the electric utility, information provided during the
717	717	public hearing and public comment period, and any other information the
718	718	commission deems relevant.
719	719	(d) The commission shall notify the electric utility of its determination as to
720	720	whether the proposed closure under par. (a) will have an impact on reliability of
721	721	electric service no less than 45 days prior to the planned closure.
722	722	SECTION 49. 196.795 (7) (a) 1. b. of the statutes is amended to read:
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749	749	SECTION 49 ASSEMBLY BILL 682
750	750	196.795 (7) (a) 1. b. Any public utility or member of a cooperative association
751	751	organized under ch. 185 which reports or has reported information to the commission
752	752	under the rules promulgated files or has filed an integrated resource and reliability
753	753	plan under s. 196.491 (2) (ag).
754	754	(END)
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