Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB25 Compare Versions

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

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2096/1
3	3	EHS:skw
4	4	2025 ASSEMBLY BILL 25
5	5	February 13, 2025 - Introduced by Representative PETERSEN, cosponsored by
6	6	Senator LEMAHIEU. Referred to Committee on Energy and Utilities.
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8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to repeal 196.485 (1) (cr), 196.485 (1) (ef) and 196.485 (3g); to create
10	10	196.485 (1) (cr), 196.485 (1) (ef) and 196.485 (3g) of the statutes; relating to:
11	11	an incumbent transmission facility owner[s right to construct, own, and
12	12	maintain certain transmission facilities and Public Service Commission
13	13	procedures if the transmission facility is a regionally cost-shared transmission
14	14	line.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill grants to an incumbent transmission facility owner the right to
17	17	construct, own, and maintain a transmission facility that has been approved for
18	18	construction in the Midcontinent Independent System Operator [s (MISO)
19	19	transmission plan and that connects to transmission facilities owned by that
20	20	incumbent transmission facility owner. Under the bill, an Xincumbent
21	21	transmission facility ownerY includes a transmission company or transmission
22	22	utility (a cooperative or public utility that owns a transmission facility and provides
23	23	transmission service in this state), regardless of whether this state is its principal
24	24	place of business or where it is organized or headquartered. Under current law,
25	25	MISO is an organization that is subject to the jurisdiction of the Federal Energy
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31	31	6 2025 - 2026 Legislature
32	32	ASSEMBLY BILL 25
33	33	- 2 - LRB-2096/1
34	34	EHS:skw
35	35	Regulatory Commission and that coordinates and controls electric transmission in
36	36	a region of the country that includes this state. The bill provides that the right to
37	37	construct, own, and maintain a transmission facility that connects to transmission
38	38	facilities owned by two or more incumbent transmission facility owners belongs
39	39	individually and proportionally to each incumbent transmission facility owner,
40	40	unless otherwise agreed upon in writing.
41	41	Under the bill, if under MISO[s transmission plan a regionally cost-shared
42	42	transmission line has been approved for construction and connection to facilities
43	43	owned by an incumbent transmission facility owner, the incumbent transmission
44	44	facility owner must give the Public Service Commission written notice regarding
45	45	the owner[s intent to construct, own, and maintain the line no later than 90 days
46	46	after approval of the transmission plan or 90 days after the date on which this bill
47	47	becomes law, whichever is later. If the owner indicates that it does not intent to
48	48	construct the line, the bill requires it to fully explain that decision in the notice to
49	49	PSC. In that case, the bill allows PSC to determine whether the incumbent
50	50	transmission facility owner or another entity must construct the line, taking into
51	51	consideration issues such as cost, efficiency, and reliability. The bill defines
52	52	Xregionally cost-shared transmission lineY to mean a high-voltage transmission line
53	53	that is eligible for regional cost sharing and is not subject to a right of first refusal in
54	54	accordance with the MISO tariff.
55	55	The bill requires an incumbent transmission facility owner with the right to
56	56	construct a MISO-approved regionally cost-shared transmission line to include in
57	57	any application for a certificate of public convenience and necessity an estimate of
58	58	the cost of construction, along with documentation that the estimate is the result of
59	59	competitively bid engineering, procurement, and construction contracts. The bill
60	60	also requires such an incumbent transmission facility owner to provide to PSC until
61	61	construction is complete quarterly reports that include updated estimates of the
62	62	construction cost and an explanation of any changes from prior cost estimates.
63	63	The bill requires an incumbent transmission facility owner with the right to
64	64	construct a MISO-approved regionally cost-shared transmission line to, as soon as
65	65	practicable after the information is available, submit a report to PSC, the assembly
66	66	speaker, the assembly minority leader, the senate majority leader, the senate
67	67	minority leader, and the governor detailing the amount of the costs of the
68	68	transmission line project that are being charged to energy consumers outside this
69	69	state.
70	70	The bill sunsets the rights and responsibilities created under the bill after 10
71	71	years.
72	72	The people of the state of Wisconsin, represented in senate and assembly, do
73	73	enact as follows:
74	74	SECTION 1. 196.485 (1) (cr) of the statutes is created to read:
75	75	1 2025 - 2026 Legislature
76	76	ASSEMBLY BILL 25
77	77	- 3 - LRB-2096/1
78	78	EHS:skw
79	79	SECTION 1
80	80	196.485 (1) (cr) XIncumbent transmission facility ownerY includes a
81	81	transmission company or transmission utility, regardless of whether this state is its
82	82	principal place of business or where it is organized or headquartered.
83	83	SECTION 2. 196.485 (1) (cr) of the statutes, as created by 2025 Wisconsin Act
84	84	.... (this act), is repealed.
85	85	SECTION 3. 196.485 (1) (ef) of the statutes is created to read:
86	86	196.485 (1) (ef) XRegionally cost-shared transmission lineY means a high-
87	87	voltage transmission line that is eligible, in whole or in part, for regional cost
88	88	sharing and is not subject to a right of first refusal in accordance with the tariff of
89	89	the Midwest independent system operator.
90	90	SECTION 4. 196.485 (1) (ef) of the statutes, as created by 2025 Wisconsin Act
91	91	.... (this act), is repealed.
92	92	SECTION 5. 196.485 (3g) of the statutes is created to read:
93	93	196.485 (3g) INCUMBENT TRANSMISSION FACILITY OWNER RIGHTS. (a) Rights.
94	94	Subject to the approval of the commission under s. 196.491 (3), an incumbent
95	95	transmission facility owner has the right to construct, own, and maintain a
96	96	transmission facility that has been approved for construction in the Midwest
97	97	independent system operator[s transmission plan and that connects to
98	98	transmission facilities owned by that incumbent transmission facility owner. The
99	99	right to construct, own, and maintain a transmission facility that connects to
100	100	transmission facilities owned by 2 or more incumbent transmission facility owners
101	101	belongs individually and proportionally to each incumbent transmission facility
102	102	owner, unless otherwise agreed upon in writing.
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125	125	23 2025 - 2026 Legislature
126	126	ASSEMBLY BILL 25
127	127	- 4 - LRB-2096/1
128	128	EHS:skw
129	129	SECTION 5
130	130	(b) Commission procedure. 1. If, in the Midwest independent system
131	131	operator[s transmission plan, a regionally cost-shared transmission line has been
132	132	approved for construction and connection to facilities owned by an incumbent
133	133	transmission facility owner, the incumbent transmission facility owner shall give
134	134	written notice to the commission regarding the owner[s intent to construct, own,
135	135	and maintain the regionally cost-shared transmission line no later than 90 days
136	136	after approval of the transmission plan or 90 days after the effective date of this
137	137	subdivision .... [LRB inserts date], whichever is later.
138	138	2. If an incumbent transmission facility owner indicates in its notice to the
139	139	commission under subd. 1. that it does not intend to construct the regionally cost-
140	140	shared transmission line, it shall in the notice fully explain the basis for that
141	141	decision. In that case, the commission may determine whether the incumbent
142	142	transmission facility owner or another entity is required to construct the regionally
143	143	cost-shared transmission line, taking into consideration issues such as cost,
144	144	efficiency, reliability, and other factors identified in this chapter.
145	145	(c) Cost control, requirement of competition, and cost allocation. With respect
146	146	to a regionally cost-shared transmission line approved by the Midwest independent
147	147	system operator, an incumbent transmission facility owner with the right to
148	148	construct the transmission line shall do all of the following:
149	149	1. In any application filed pursuant to s. 196.491 (3), provide to the
150	150	commission an estimate of the cost to construct the regionally cost-shared
151	151	transmission line and documentation showing that this cost is the result of
152	152	competitively bid engineering, procurement, and construction contracts.
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175	175	23 2025 - 2026 Legislature
176	176	ASSEMBLY BILL 25
177	177	- 5 - LRB-2096/1
178	178	EHS:skw
179	179	SECTION 5
180	180	2. Until construction of the regionally cost-shared transmission line is
181	181	complete, provide to the commission a quarterly report that includes an updated
182	182	estimate of the cost to construct the regionally cost-shared transmission line and an
183	183	explanation of changes from prior cost estimates provided under this subdivision or
184	184	subd. 1.
185	185	3. As soon as practicable after the information is available, submit a report to
186	186	the commission, the assembly speaker, the assembly minority leader, the senate
187	187	majority leader, the senate minority leader, and the governor detailing the amount
188	188	of the costs of the regionally cost-shared transmission line project that are being
189	189	charged to energy consumers outside this state.
190	190	SECTION 6. 196.485 (3g) of the statutes, as created by 2025 Wisconsin Act ....
191	191	(this act), is repealed.
192	192	SECTION 7. Effective dates. This act takes effect on the day after
193	193	publication, except as follows:
194	194	(1) The repeal of ss. 196.485 (1) (cr) and (ef) and (3g) takes effect on the first
195	195	day of the 10th year beginning after publication.
196	196	(END)
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