Wisconsin energy and electricity

The introduced bill would require Wisconsin to achieve 100% clean electricity production by 2050 and change power-plant approval priorities and electricity standards. The in-state production requirement is the connection to the generation-mix fact. Natural-gas share is gas-fired electricity-industry net generation divided by total in-state generation covered by EIA Table 5. The denominator excludes estimated small-scale generation outside that table. Gas-fired plants or other in-state generation resources concern this mix; procurement targets and authorizations are distinct from an operating plant or measured output. This relationship does not establish causation. Actions after the fact’s measurement period cannot explain its earlier value.

Retained Wisconsin evidence context: Natural gas share of in-state electricity generation. This record’s connection to the topic does not establish an effect on the measured result.

This bill creates an office of sustainability and clean energy and establishes clean electricity and emissions standards that must be met by specific dates. Office of sustainability and clean energy The bill creates in the Department of Administration an office of sustainability and clean energy. The secretary of administration must direct the office of sustainability and clean energy to establish, using rigorous sector-based modeling, an economy-wide decarbonization roadmap that incorporates, as appropriate, the state’s clean energy plan issued in 2022. The roadmap must be updated periodically. Emissions standards The bill provides that, by 2050, the state must achieve 100 percent clean electricity production and emit no more carbon into the atmosphere than can be removed economy-wide. Carbon-free and renewable energy standards Current law generally requires electric providers, which include electric utilities and retail electric cooperatives, to ensure that, in a given year, a certain specified percentage of the electricity sold to customers and members is generated from renewable resources. The bill creates a definition of “carbon-free energy” and requires that for the years 2030 to 2034, electric providers and certain state agencies have a minimum carbon-free energy percentage of 50 percent. Later, the bill requires electric providers and certain state agencies to have the following minimum carbon-free energy percentages: 1) for the years 2035 to 2039, 65 percent; 2) for the years 2040 to 2044, 80 percent; 3) for the years 2045 to 2049, 90 percent, and 4) for 2050 and each year thereafter, 100 percent. The bill requires each electric provider to submit a transition plan to PSC that includes the electric provider’s plan for satisfying the carbon-free energy percentage requirements. The transition plan must identify electric generating facilities that the electric provider proposes to add or retire. PSC may approve a transition plan only if certain criteria are satisfied, including that any continued use of an electric generating facility that is not a carbon-free facility is the most cost-effective decision for customers and that any retirements of such facilities are the most cost-effective decisions for customers. In addition, the bill creates a definition of “specified renewable energy” and requires that for the years 2030 to 2034, each electric provider have a minimum specified renewable energy percentage of 20 percent. Later, the bill requires electric providers to have a minimum specified renewable energy percentage of 40 percent for the years 2035 to 2039, and to have a minimum specified renewable energy percentage of 60 percent for 2040 and each year thereafter. If an electric provider violates either the minimum carbon-free energy percentage requirement or the minimum specified renewable energy percentage requirement, PSC may order the electric provider to engage in activities that would satisfy the requirement. An electric provider that violates such an order is subject to a forfeiture in an amount not to exceed the estimated cost of the electric provider to satisfy the requirement for which the order was issued. Also, under current law, a person seeking to construct a large electric generating facility having a nominal capacity of 100 megawatts or more or a high-voltage transmission line must obtain a CPCN from PSC. The bill requires PSC to, in taking action on CPCN applications, prioritize applications for facilities that minimize greenhouse gas emissions. Further, the bill requires PSC to make all of the following determinations to approve an application for a CPCN for a large electric generating facility: 1) that the proposed facility will not impede the applicant’s ability to satisfy the bill’s minimum carbon-free energy percentage requirement or minimum specified renewable energy percentage requirement; 2) that the applicant agreed to pay laborers, ironworkers, technicians, and mechanics the prevailing wage or the rate under an applicable collective bargaining agreement, whichever is greater; 3) that locations where other large electric generating facilities have been retired are used to the extent practicable; 4) that persons who previously worked at other large electric generating facilities that have been retired will be hired to the extent practicable; 5) that persons residing in this state will be hired to the extent practicable; and 6) that persons residing in the municipality where the large electric generating facility will be located will perform at least 15 percent of the labor hours on the project, to the extent practicable. Also, the bill allows PSC to determine that a proposed facility or high-voltage transmission does not satisfy certain requirements for granting a CPCN related to air pollution impact even if the proposed facility or high-voltage transmission line satisfies current state air pollution laws. The bill also prohibits PSC from issuing a certificate of authority (CA) to an electric utility for a project unless PSC determines that issuing the CA will not impede the ability of the electric utility to satisfy the bill’s minimum carbon-free energy percentage requirement or minimum specified renewable energy percentage requirement. Under current law, a public utility must obtain a CA from PSC to construct, extend, improve, or add to its existing facilities. Under the bill, the office of sustainability and clean energy is directed to create, using rigorous sector-based modeling, an economy-wide decarbonization roadmap. The roadmap is to be updated periodically. Apprentice utilization standards Under the bill, a contractor or subcontractor on a construction project of certain electric-generating facilities with estimated construction costs of not less than $10,000,000 must make a good faith effort to utilize specific percentages of registered apprentices on the projects. A contractor or subcontractor that does not meet the utilization thresholds must provide a written explanation to the Department of Workforce Development of the good faith effort to meet the requirement accompanied by supporting documentation. Failure to provide the explanation and supporting documentation subjects the contractor or subcontractor to forfeiture.

The proposed repeal directly concerns gasoline pricing rules. It did not become law. Existing rules use statutory cost calculations and exceptions, rather than guaranteeing a fixed profit on every sale; neither the proposal nor the current rule establishes an effect on EIA’s 15-state Midwest average.

Retained Wisconsin evidence context: Midwest regular gasoline price. This record’s connection to the topic does not establish an effect on the measured result.

This bill repeals the Unfair Sales Act, also known as the “minimum markup” law. This state's Unfair Sales Act 1) prohibits below-cost sales of any merchandise, if the sale is intended to induce the purchase of other merchandise or divert trade unfairly from a competitor; and 2) requires a “minimum markup” (a specified amount over the cost of the merchandise to the seller) to be added to sales of motor vehicle fuel, tobacco products, fermented malt beverages, liquor, or wine. For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The introduced bill would extend the permit exemption for large generating facilities to nonresidential users consuming at least 70% of output on site and paying any interconnection costs. This concerns construction of large generating capacity, including industrial and commercial generation covered by the electricity fact. Natural-gas share is gas-fired electricity-industry net generation divided by total in-state generation covered by EIA Table 5. The denominator excludes estimated small-scale generation outside that table. Gas-fired plants or other in-state generation resources concern this mix; procurement targets and authorizations are distinct from an operating plant or measured output. This relationship does not establish causation. Actions after the fact’s measurement period cannot explain its earlier value.

Retained Wisconsin evidence context: Natural gas share of in-state electricity generation. This record’s connection to the topic does not establish an effect on the measured result.

This bill does the following related to electric service utility rates and certificates required for constructing large electric generating facilities: 1. The bill prohibits an electric public utility from recovering in rates any amount for the rate of return on equity for a retired electric generating facility. Under current law, a public utility generally may not make a change to its rate schedules that constitutes an increase in rates to customers, except by order of the Public Service Commission after an investigation and opportunity for hearing. 2. The bill allows a person to construct a large electric generating facility without obtaining a certificate of public convenience and necessity (CPCN) from PSC if both of the following are satisfied: a) the person demonstrates that on each day that the facility operates the person will consume at least 70 percent of the facility’s output for nonresidential purposes at the site of the facility; and b) if the facility is expected to be interconnected with a public utility’s electric infrastructure, the person agrees to pay all costs associated with interconnecting the facility. Under current law, a person seeking to construct a large electric generating facility having a nominal capacity of 100 megawatts or more must obtain a CPCN from PSC. Also, current law allows a person to construct a large electric generating facility without obtaining a CPCN if the person demonstrates that on each day that the facility operates the person will consume at least 70 percent of the facility’s output in manufacturing processes or ferrous mineral mining processes at the site of the facility. 3. The bill requires PSC to create and maintain a web page that displays for every CPCN application the procedural status of the application and the procedural status of any other permit or approval necessary for the applicant to construct the facility for which the application was submitted. The requirement applies to permits or approvals granted by the federal government, a state agency, or a city, village, town, or county.

The introduced bill would require resource and reliability plans and a Public Service Commission review of proposed large power-plant closures. Those operating and retirement provisions connect to Wisconsin’s generation mix; the bill also changes retirement financing. Natural-gas share is gas-fired electricity-industry net generation divided by total in-state generation covered by EIA Table 5. The denominator excludes estimated small-scale generation outside that table. Gas-fired plants or other in-state generation resources concern this mix; procurement targets and authorizations are distinct from an operating plant or measured output. This relationship does not establish causation. Actions after the fact’s measurement period cannot explain its earlier value.

Retained Wisconsin evidence context: Natural gas share of in-state electricity generation. This record’s connection to the topic does not establish an effect on the measured result.

This bill authorizes the use of environmental trust financing for the costs of retiring an electric generating facility, requires integrated resource and reliability planning by electric utilities and cooperatives, eliminates the requirement that the Public Service Commission prepare a biennial strategic energy assessment, and provides a process by which PSC determines whether a proposed closure of a large electric generating facility will affect electric reliability. Environmental trust financing Under current law, an energy utility is allowed to apply to PSC for an order allowing the utility to finance or recover the costs of the following activities by issuing bonds: 1) the construction, installation, or otherwise putting into place of environmental control equipment in connection with a plant that, before March 30, 2004, has been used to provide service to customers; and 2) the retiring of any existing plant, facility, or other property to reduce, control, or eliminate environmental pollution in accordance with federal or state law. Current law defines these activities as “environmental control activities.” If approved by PSC, the bonds, which are referred to as “environmental trust bonds,” are secured by revenues arising from charges paid by an energy utility's customers for the utility to recover the cost of the activities, as well as the cost of financing the bonds. This bill adds the retiring of any existing electric generating facility as an environmental control activity, the costs of which, including the unrecovered value, may be financed or recovered by an environmental trust bond. In addition, with respect to this new environmental control activity, the bill adds to the costs that may be financed or recovered the portion of an energy utility's rate that is attributable to the rate of return for the facility authorized under PSC's order in a rate-making proceeding and that is forgone as a result of the retirement. Under current law, the costs that may be financed or recovered include capital cost incurred or expected to be incurred in undertaking an environmental control activity and, with respect to retiring a plant, facility, or other property, the unrecovered value of property that is retired. Under this bill, PSC may order an energy utility to use environmental trust bonds to finance an expenditure. Under current law, PSC may not order an energy utility to use environmental trust bonds to finance an expenditure unless the energy utility has applied to PSC to do so, and PSC may not refuse to allow an energy utility to recover costs for environmental control activities in an alternate manner because of the potential availability of environmental trust financing. Integrated resource and reliability planning This bill requires electric utilities and cooperative associations to submit biennial integrated resource and reliability plans to PSC that include certain information about their plans to construct the following: 1) large electric generating facilities with a capacity of 100 megawatts or more; 2) small electric generating facilities with a capacity of at least 12 but less than 100 megawatts; and 3) high-voltage transmission lines that are longer than one mile and operate at 100 kilovolts or more. As part of an integrated resource and reliability plan, an electric utility must identify alternatives to the proposed electric generating facilities, including alternative locations, fuel types, and methods of generation, and must explain the reasons for selecting the types of electric generating facilities proposed. An electric utility must also identify alternative routes for any high-voltage transmission lines proposed and indicate their effects on the environment and how the utility will avoid or minimize potential adverse effects. An electric utility's detailed projection for electricity demand and assessment of whether it has sufficient capacity to make electricity available to consumers at a reasonable price must also be included in the plan, as well as a description of existing and planned programs and policies for discouraging inefficient and excessive electricity use. After holding a hearing on a utility's plan, PSC may approve the plan if PSC finds that the plan will provide a reasonably adequate supply of electricity to meet the needs of the public and that the plan satisfies certain other criteria. Strategic energy assessment In addition, the bill eliminates the requirement that PSC prepare a biennial strategic energy assessment. Under current law, the strategic energy assessment evaluates the adequacy and reliability of the state's current and future energy supply and includes information on the following: 1) planned large electric generating facilities and high-voltage transmission lines; 2) plans for assuring an adequate ability to transfer electricity into the state; 3) the projected demand for electricity; 4) activities discouraging inefficient and excessive electricity use; 5) the extent to which effective competition contributes to a reliable, low-cost, and environmentally sound source of electricity; and 6) whether sufficient electricity is available at a reasonable price. Current law requires PSC to hold a hearing on a draft of the strategic energy assessment and prepare a final strategic energy assessment based on received comments. Closure of large electric generating facilities The bill requires electric utilities and cooperative associations to notify PSC at least 180 days prior to closing any large electric generating facility with a capacity of 100 megawatts or more, and requires PSC, after public comment and hearing, to issue a determination as to whether the proposed closure will have an effect on electric reliability. The bill requires PSC to make its determination by considering the utility or cooperative's most recent integrated resources and reliability plan and information collected from the electric utility or cooperative and from the public, as well as any other information PSC deems relevant. Under the bill, PSC must notify the electric utility or cooperative of its determination no less than 45 days prior to the planned closure.

The introduced bill would let gasoline and diesel retailers claim a refund of 0.5% of state fuel tax paid to compensate for shrinkage or evaporation. The gasoline refund is the connection to this regional gasoline-price fact; a separate diesel-supplier allowance is outside that component. The displayed price is EIA’s 15-state Midwest regional proxy. Wisconsin gasoline taxes, supply, or sales rules concern one component and do not set pump prices across the region. This relationship does not establish causation. Actions after the fact’s measurement period cannot explain its earlier value.

Retained Wisconsin evidence context: Midwest regular gasoline price. This record’s connection to the topic does not establish an effect on the measured result.

Administrative allowance of the motor vehicle fuel tax Current law allows a motor vehicle fuel supplier to retain as an administrative allowance 1.35 percent of the motor vehicle fuel tax the supplier collects on the first sale of gasoline in this state. This bill allows a motor vehicle fuel supplier to retain the same administrative allowance for the motor vehicle fuel tax the supplier collects on the first sale of diesel fuel in this state. Retailer refund for motor vehicle fuel evaporation The bill allows a retailer who sells gasoline, diesel fuel, or both (motor vehicle fuel) in this state to claim a refund equal to 0.5 percent of the state motor vehicle fuel tax paid on the retailer’s purchase of the motor vehicle fuel to compensate for motor vehicle fuel stored on site that is lost by shrinkage or evaporation. A claim for a refund under the bill must be made to the Department of Revenue no later than 12 months after the date on which the retailer purchased the motor vehicle fuel and must be accompanied with invoices prepared by the motor vehicle fuel supplier or a list of purchases prepared by the retailer. Prior to 2019, the state provided such refunds to compensate gasoline retailers for shrinkage and evaporation losses.

Wisconsin’s fact uses the voting-age population as its denominator, not registered voters. Voting access and handling cast ballots concern participation; registration changes do not directly change that denominator. This relationship does not establish causation. Actions after the fact’s measurement period cannot explain its earlier value.

Retained Wisconsin evidence context: Voting-age turnout. This record’s connection to the topic does not establish an effect on the measured result.

This bill requires a registered elector who has changed his or her name or address to complete a new voter registration. Under current law, if a registered elector changes his or her name, the elector must either provide notice of the change to the municipal clerk prior to election day or to the inspector at the polling place on election day. If notice is given to the inspector on election day, the inspector must notify the clerk of the elector's name change when the election day materials are returned to the clerk's office. Under current law, an elector who has changed both his or her name and address must complete a new voter registration. Under current law, a document used as proof of identification for voting purposes may not be sufficient to establish proof of residence for voter registration purposes. Conversely, several documents that an elector may use to establish residency, such as a bank statement or utility bill, are not sufficient as proof of identification for voting. In many instances, however, current law refers to an elector providing an “identifying document” as proof of residence. The bill replaces the term “identifying document” with “document” when used in conjunction with establishing proof of residence to avoid voter confusion with regard to the documentation necessary to establish residency. Current law allows an individual to use an unexpired driving receipt or an unexpired identification card receipt as proof of identification for voting purposes. Both documents include a photograph of the individual to whom the document is issued. An unexpired driving receipt is a temporary document that an individual may use as an operator's license until such time that the individual receives his or her actual operator's license. Similarly, an unexpired iden

The introduced bill would prioritize nuclear generation in state energy policy and require approval of qualifying tariffs under which utilities provide nuclear-generated power to very large customers. These physical-generation provisions, alongside a nuclear capacity tax credit, connect to the generation mix. Natural-gas share is gas-fired electricity-industry net generation divided by total in-state generation covered by EIA Table 5. The denominator excludes estimated small-scale generation outside that table. Gas-fired plants or other in-state generation resources concern this mix; procurement targets and authorizations are distinct from an operating plant or measured output. This relationship does not establish causation. Actions after the fact’s measurement period cannot explain its earlier value.

Retained Wisconsin evidence context: Natural gas share of in-state electricity generation. This record’s connection to the topic does not establish an effect on the measured result.

This bill creates a nuclear energy generation tax credit, establishes nuclear energy as a high-priority energy option, provides for the approval of certain electric tariffs for very large customers, and authorizes electric utilities to recover certain precertification costs through rates, described in further detail below. Nuclear energy generation tax credit The bill creates a nonrefundable income and franchise tax credit for nuclear energy generation. Beginning in tax year 2030, the credit is equal to the nominal rated capacity of a claimant’s nuclear energy facility measured in megawatts multiplied by an applicable credit factor. For the first 10 tax years for which a claimant claims the credit for a particular nuclear energy facility, the applicable credit factor is $10,000, and for each subsequent tax year the applicable credit factor decreases by $1,000. A claimant may not claim the credit for a particular nuclear energy facility for 20 or more tax years. Prioritizing nuclear energy resources The bill establishes as state policy that nuclear energy is a high-priority option, second only to energy efficiency and conservation, to be considered in meeting the state’s energy demands, over noncombustible renewable energy resources and combustible renewable energy resources. Under current law, it is the goal of the state that, to the extent it is cost effective and technically feasible, all new installed capacity for electric generation be based on renewable energy resources. The bill adds nuclear energy to this focus, along with renewable energy. Current law also provides that, in designing all new and replacement energy projects, a state agency or local governmental unit must rely to the greatest extent feasible on energy efficiency improvements and renewable energy resources if those are cost effective, are technically feasible, and do not have unacceptable environmental impacts. The bill adds nuclear energy resources to this list of prioritized resources. Current law requires the Department of Administration to establish renewable energy percentage goals for certain state agencies to meet in 2007 and 2011 and then to submit a report to the governor and the legislature each March 1 concerning the degree of attainment of those goals during the preceding year. Under the bill, beginning in 2026, those reports must include nuclear energy in the definition of “renewable resource” for the purpose of that report. Current law includes a deadline of June 1, 2016, by which the Public Service Commission was required to prepare a report stating whether the state had met a goal of 10 percent of all electric energy consumed in the state being renewable energy and, if not, why the goal was not achieved and how it may be achieved. Current law requires PSC to prepare and submit to the legislature similar reports biennially thereafter until the goal is achieved. This bill changes this goal to be 10 percent of all electric energy consumed in the state being low-carbon-emission energy, which is defined as energy derived from either a renewable resource or nuclear power, and updates the report deadline to June 1, 2027, and biennially thereafter. Approval of very large customer tariffs The bill authorizes PSC to approve electric tariffs, or schedules of rates and charges, for certain very large customers. The bill defines “very large customer” to mean an electric public utility customer that owns or operates a facility that has an energy demand of at least 75 megawatts of electricity per month. Under the bill, PSC may approve a tariff for very large customers if the tariff ensures that other customers of the utility do not pay the costs associated with serving the demand of very large customers, the utility produces the electricity provided to very large customers from nuclear power, and any very large customers to which the tariff applies have consented to the tariff. Further, the bill requires PSC to approve a very large customer tariff that satisfies the conditions described above if the electricity provided to very large customers subject to the tariff is generated within 75 miles of the very large customers. Recovery of certain precertification costs The bill authorizes PSC to approve recovery of qualifying precertification costs through an electric public utility’s rates. Under the bill, “qualifying precertification costs” are costs incurred by an electric public utility before filing an application for a certificate of public convenience and necessity (CPCN) or for a certificate of authority (CA) that are related to the development of nuclear energy, including costs related to feasibility studies, site evaluations, and preparation of regulatory filings. The bill applies to the rates of certain investor-owned electric public utilities and the recovery authorized under the bill includes recovery of a reasonable rate of return on an electric public utility’s precertification costs. Under current law, rates for utility service must be reasonable and just. Also, current law requires a person seeking to construct a large electric generating facility to obtain a CPCN from PSC, and a public utility must obtain a CA from PSC to construct certain other facilities and projects.

The introduced bill would require the Public Service Commission to decide a complete application for an advanced nuclear generating facility within 150 days, with one good-cause extension of up to 150 days, and conduct a nuclear siting study. Natural-gas share is gas-fired electricity-industry net generation divided by total in-state generation covered by EIA Table 5. The denominator excludes estimated small-scale generation outside that table. Gas-fired plants or other in-state generation resources concern this mix; procurement targets and authorizations are distinct from an operating plant or measured output. This relationship does not establish causation. Actions after the fact’s measurement period cannot explain its earlier value.

Retained Wisconsin evidence context: Natural gas share of in-state electricity generation. This record’s connection to the topic does not establish an effect on the measured result.

This bill requires the Public Service Commission to conduct a nuclear power siting study and to submit a report to the legislature containing the results of the study no later than 12 months after the bill takes effect. The study must satisfy certain requirements specified in the bill. The bill also requires PSC to take final action on an application for a certificate of public convenience and necessity (CPCN) for a large electric generating facility that contains an advanced nuclear reactor within 150 days after the application is complete, unless the chairperson of PSC extends the time period for no more than an additional 150 days for good cause. Under current law, a person seeking to construct a large electric generating facility must obtain a CPCN from PSC.