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Wisconsin Legislature: AB1167: Bill Text
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AB1167: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6519/1
KP:wlj
2025 ASSEMBLY BILL 1167
March 19, 2026 - Introduced by Representatives
Gustafson
,
Krug
,
O'Connor
,
Neylon
,
Knodl
,
Armstrong
and
Moses
, cosponsored by Senator
Quinn
. Referred to Committee on Energy and Utilities.
AB1167,1,5
1
An Act
to amend
196.491 (4) (b) 2.;
to create
196.20 (10), 196.491 (3) (L) and
2
196.491 (4) (b) 3. of the statutes;
relating to:
prohibiting recovery of a rate of
3
return on retired electric generating facilities; an exemption from certificate
4
requirements for constructing a large electric generating facility; and a permit
5
dashboard for applications for certificates of public convenience and necessity.
Analysis by the Legislative Reference Bureau
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.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB1167,1
1
Section
1
.
196.20 (10) of the statutes is created to read:
AB1167,2,3
2
196.20
(10)
An electric public utility may not recover in rates any amount for
3
the rate of return on equity for a retired electric generating facility.
AB1167,2
4
Section
2
.
196.491 (3) (L) of the statutes is created to read:
AB1167,2,11
5
196.491
(3)
(L) The commission shall create and maintain a web page on its
6
website that displays for every application submitted under this subsection the
7
procedural status of the application and the procedural status of any other permit
8
or approval necessary for the applicant to construct the facility for which the
9
application was submitted, including permits or approvals granted by the federal
10
government, permits or approvals granted by an agency, as defined in s. 13.172 (1),
11
and permits or approvals granted by a city, village, town, or county.
AB1167,3
12
Section
3
.
196.491 (4) (b) 2. of the statutes is amended to read:
AB1167,3,7
13
196.491
(4)
(b) 2. The person shows to the satisfaction of the commission that
1
the person reasonably anticipates, at the time that construction of the equipment or
2
facilities commences, that on each day that the equipment and facilities are in
3
operation the person will consume no less than 70 percent of the aggregate kilowatt
4
hours output from the equipment and facilities
in manufacturing processes
for
5
nonresidential purposes
at the site where the equipment and facilities are located
6
or in ferrous mineral mining and processing activities governed by subch. III of ch.
7
295 at the site where the equipment and facilities are located
.
AB1167,4
8
Section
4
.
196.491 (4) (b) 3. of the statutes is created to read:
AB1167,3,11
9
196.491
(4)
(b) 3. If the equipment or facilities are expected to be
10
interconnected with a public utility’s electric infrastructure, the person agrees to
11
pay all costs associated with interconnecting the equipment or facilities.
AB1167,5
12
Section
5
. Initial applicability.
AB1167,3,15
13
(
1
)
Certificate of public convenience and necessity permit dashboard.
14
The treatment of s. 196.491 (3) (L) first applies to an application submitted on the
15
effective date of this subsection.
AB1167,3,16
16
(end)
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true
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