2011 - 2012 LEGISLATURE
April 28, 2011 - Introduced by Senators Lasee, Galloway, Leibham, Hopper, Wirch,
Hansen, Holperin and
Lassa, cosponsored by Representatives Klenke,
Weininger, Jacque, Honadel, Ziegelbauer, Nygren, Tauchen, Petersen, A.
Ott, Bies, Meyer, Petrowski, Van Roy, LeMahieu, Tiffany, Steineke,
Spanbauer and Ballweg. Referred to Committee on Judiciary, Utilities,
Commerce, and Government Operations.
1An Act to amend
196.378 (1) (h) 1m. and 196.378 (2) (b) 1m.; and to create
196.378 (1) (dm), 196.378 (1) (m) and 196.378 (2) (b) 1o. of the statutes; relating
3to: eligibility of hydroelectric resources under the renewable portfolio
Analysis by the Legislative Reference Bureau
Under current law, an electric utility or retail electric cooperative (electric
provider) is subject to certain requirements for ensuring that, in a given year, a
specified percentage of the electricity that the electric provider sells to retail
customers or members is derived from renewable resources. These requirements are
commonly collectively referred to as the renewable portfolio standard (RPS).
"Renewable resource" is defined to include certain resources, including a resource
deriving electricity from hydroelectric power that has a capacity of less than 60
megawatts. An electric provider may count toward compliance with the RPS
electricity purchased by the electric provider that is generated from such a
hydroelectric resource. Subject to certain requirements, an electric provider can also
count electricity generated from such a hydroelectric resource that the electric
provider owns or operates.
Effective December 31, 2015, this bill allows, under certain circumstances, an
electric provider to count toward compliance with the RPS electricity derived by a
hydroelectric facility with a capacity of 60 megawatts or more, which the bill defines
as a "large hydroelectric facility." The bill allows an electric provider to count
electricity derived from a large hydroelectric facility only if the facility was initially
placed in service on or after December 31, 2010. In addition, for a large hydroelectric
facility located in Manitoba, Canada, the electricity may be counted toward
compliance only if the following are satisfied: 1) the Province of Manitoba informs
the Public Service Commission in writing that final licenses have replaced interim
licenses for two specified hydroelectric projects located in the province; and 2) those
final licenses are in effect under Canadian law. The bill does not change the
requirements under current law relating to electricity derived from a hydroelectric
facility with a capacity of less than 60 megawatts, except that the bill defines such
a facility as a "small hydroelectric facility."
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB81, s. 1
196.378 (1) (dm) of the statutes is created to read:
(dm) "Large hydroelectric facility" means an electric generating 3
facility with a capacity of 60 megawatts or more that derives electricity from 4
SB81, s. 2
196.378 (1) (h) 1m. of the statutes is amended to read:
(h) 1m. A resource with a capacity of less than 60 megawatts
derives electricity from hydroelectric power.
SB81, s. 3
196.378 (1) (m) of the statutes is created to read:
(m) "Small hydroelectric facility" means an electric generating 10
facility with a capacity of less than 60 megawatts that derives electricity from 11
SB81, s. 4
196.378 (2) (b) 1m. of the statutes is amended to read:
(b) 1m. The amount of electricity derived from small
hydroelectric 14renewable resources facilities
that an electric provider may count toward satisfying 15
the requirements of par. (a) 2. shall be all electricity provided by hydroelectric power 16such facilities
that the electric provider purchased in the reporting year plus all of 17
a. The average of the amounts of hydroelectric power generated by small
facilities owned or operated by the electric provider for 2001, 2002, and 3
2003, adjusted to reflect the permanent removal from service of any of those facilities 4
and adjusted to reflect any capacity increases from improvements made to those 5
facilities on or after January 1, 2004.
b. The amount of hydroelectric power generated in the reporting year by small
facilities owned or operated by the electric provider that are initially 8
placed in service on or after January 1, 2004.
SB81, s. 5
196.378 (2) (b) 1o. of the statutes is created to read:
(b) 1o. An electric provider may count electricity derived from a 11
large hydroelectric facility toward satisfying the requirements of par. (a) 2. only if the 12
facility was initially placed in service on or after December 31, 2010, and, if the 13
facility is located in Manitoba, Canada, all of the following are satisfied:
a. The province of Manitoba has informed the commission in writing that the 15
interim licenses under which the Lake Winnipeg Regulation Project and the 16
Churchill River Diversion Project were operating on the effective date of this subd. 17
1o. a. .... [LRB inserts date], have been replaced by final licenses.
b. The final licenses specified in subd. 1o. a. are in effect under Canadian law.
This act takes effect on December 31, 2015.