Section 137.05. Minimum requirements of statewide energy efficiency and renewable energy programs.

 

(1)   Programs for all customers. The statewide programs shall address the energy efficiency and renewable resource needs of all customers of participating energy utilities, municipal utilities, and retail electric cooperatives, except for the energy efficiency needs of those customers served by a utility-administered program under s. PSC 137.07 or a large energy customer self-directed program under s. PSC 137.09 .

(2)   Renewable resource programs for large customers. The statewide programs shall use a portion of the utility revenues collected from each large energy customer, including large energy customers who are participating in a self-directed energy efficiency program under s. PSC 137.09 and large commercial, industrial, institutional, or agricultural customers as defined in s. PSC 137.07 (1) , to provide renewable resource programs to these customers.

(3)   Environmental benefits. The statewide programs shall deliver programs that result in environmental benefits, as identified by the commission, either on-site or at the generation level.

(4)   Programs for local units of government and agricultural producers.

(a) The statewide programs shall allocate at least 10 percent of the moneys collected under s. 196.374 (3) (b) 2. , Stats., to programs to increase the energy efficiency of local units of government and agricultural producers. These programs are required to pass a portfolio level test of net cost-effectiveness, as determined by the commission.

(b) If the commission determines that the energy utilities cannot spend the full amount of moneys under par. (a) on cost-effective programs to serve local units of government and agricultural producers in any program year, the energy utilities shall allocate these unspent funds to programs to serve commercial, institutional, and industrial customers in the following program year.

(5)   Promoting markets. The statewide programs shall include initiatives and strategies that address the needs of individuals or businesses facing the most significant barriers, as determined by the commission, to creating or participating in markets for energy efficiency and renewable resource products and services.

(6)   Environmental and economic impacts of energy use. The statewide programs shall initiate and fund research and development projects, at the direction of the commission, that support sound public policy and provide information to policymakers, program administrators, utilities, and the public about the environmental and economic impacts of energy generation, delivery, and use.

(7)   Effective program delivery. The statewide programs shall initiate and fund market research projects that support and enhance the effective delivery of statewide programs. These projects shall be coordinated with the commission and with the independent third-party evaluator who contracts with the commission, as provided in sub. (12) , to avoid any conflicts of interest. A statewide program administrator may not conduct any market research related to establishing quantitative baseline data or related to studying the availability of energy efficiency savings if the research is used to measure program impacts.

(8)   Grant and benefit opportunities. The statewide programs shall provide an equivalent opportunity for all eligible customers to participate. Statewide programs shall provide each customer class, on an annual basis, the opportunity to receive grants and benefits in an amount equal to that recovered from the customer class. If a customer is participating in a self-directed program under s. PSC 137.09 , that customer's participation in the statewide programs shall be limited to the amount of revenues that the customer contributes to them through s. 196.374 (3) (b) 2. , Stats. Statewide programs shall coordinate with utility-administered, voluntary utility energy efficiency and renewable resource programs, ordered programs, and large energy customer self-directed programs to avoid duplication of effort and of program offerings in overlapping territories.

(9)   Data collection. The program administrator shall, using the commission's database tracking and reporting system, collect and record for each program, by customer class:

(a) KW, kWH, and therm savings.

(b) Performance metrics.

(c) Non-energy benefits.

(d) All administrative and program delivery costs.

(e) Any other information the commission requests.

(10)   Data to commission and independent evaluator. The program administrator shall provide all information and data collected through statewide programs to the commission and the independent third-party evaluator upon request.

(11)   Priorities. The program administrator shall assign priority status to implementing programs that reduce growth in electric and natural gas demand and usage, facilitate energy efficiency and renewable resource market development, help market providers achieve higher levels of energy efficiency, promote energy reliability and adequacy, avoid adverse environmental impacts from the use of energy, and promote rural economic development.

(12)   Cost-effectiveness. The program administrator shall deliver energy efficiency and renewable resource programs that pass a portfolio level test of net cost-effectiveness, as determined by the commission. The program administrator shall screen each energy efficiency and renewable resource program for net cost-effectiveness at least once a year. An independent third party, contracted by the commission, shall conduct all market assessment and evaluation activities necessary to measure the impact and cost-effectiveness of all statewide programs. The commission's administration of the evaluation contract shall be paid by funds from the statewide energy efficiency and renewable resource programs, at a level determined by the commission.

(13)   Performance goals and reporting. The commission shall, in consultation with the program administrator, establish annual and multi-year performance goals for the statewide programs. These goals shall be consistent with commission goals, priorities, and measurable targets under s. 196.374 (3) (b) 1. , Stats. The program administrator shall provide monthly activity reports and semiannual performance results to the commission.

History: CR 06-139 : cr. Register July 2007 No. 619 , eff. 8-1-07.