Clean Energy Legislative Update • November 2024

Clean Energy Legislative Update • November 2024

Now that Election Day is behind us; some people are happy with the results and some are not. While others are still awaiting the results of narrow victories and anticipating recounts in others. We are slowly working to try to absorb the outcome, consequences, and possible opportunities for the next few years.

At first glance, the obvious. Americans are divided. The whys and hows can be left to those more knowledgeable about elections than I am. 

With Republican Donald Trump’s reelection as President, many people in the renewable energy industry as a whole have questions about the future. Much could change under the new administration, rescinding funding for parts of the Inflation Reduction Act (IRA), cuts to other incentives, changes to trade policy and greater costs for imported parts, a shift to a pro-fossil fuel agenda, and the possible roll-back of rules — all creating overall uncertainty. The Bipartisan Infrastructure Law, however, had the support of both parties and may prevail. The ramifications might not be known immediately, but we will continue doing what we can to help the industry navigate whatever changes may come. 

President Trump’s administration, from the selection of the cabinet secretaries to many other roles in government, will have an easier time getting confirmations approved as the U.S. Senate is also back in Republican control. The outcome of the U.S. House is yet undetermined.

Wisconsin’s Democratic U.S. Senator Tammy Baldwin was re-elected, continuing her support of clean energy. Wisconsin congressional delegates retained the same party affiliations with one new representative in the 8th Congressional District, Tony Wied replaced Mike Gallagher who resigned earlier. 

At the State Capitol

Republicans retained their majority in the State Senate and State Assembly, but their margins have shrunk.

The Senate is now 18-15. Out of the 16 contested districts, Democrats flipped 4 seats held by Republicans, retained the vacant Democratic seat in the Milwaukee area, and protected the district in La Crosse held by Brad Pfaff. This means the State Senate no longer has the ability to override a governor’s veto by supermajority. It also means that the 2026 election will be hotly contested.

The losses:

Sen. Duey Stroebel, past author of the Community Solar legislation and opponent of ROFR (Right of First Refusal bill that utilities desperately wanted to pass to ensure more say in transmission projects). The race is noteworthy because of the staggering amount of political dollars spent as well as the apparent result of redistricting. For the coalition working on the Community Solar legislation, the shift is to find another Senate lead process and reintroduce the bill, with maybe a slightly different process.

Sen. Rob Cowles – no longer in the legislature because of his retirement after 42 years. He was a champion for all things renewable, and a thorn to some, because he questioned, challenged, and offered change to the usual. His genuine interest in the issues will be missed. We are thankful for their support of our issues.

The gains: 

In the 30th Senate District, newly elected Jamie Wall brings a wealth of local government experience. As a candidate, Jamie participated in the RENEW Wisconsin Energy Fund event in the Green Bay area. There are 3 other new senators to work with.

In the State Assembly

The margins are likely to be 54-45, with Republicans ceding 10 seats. 

One of the losses, significant to the Community Solar legislation, is Rep. Binsfeld who cosponsored the bill. But potential pluses are the two dozen new state representatives with fresh ideas and experience that could lead to greater support for our issues.

The narrower majority could also mean different committee make-up, in terms of the number of Republicans and Democrats assigned to committees, and a greater need for bipartisanship on issues. For the energy committee in particular, it also means a lot of new people as many committee members retired.

More to come as we prepare for the next legislative session and welcome the newly elected in the public policy arena.

Clean Energy Legislative Update • August 2024

Clean Energy Legislative Update • August 2024

Voters turned out at levels not seen in 60 years for this year’s primary to make their voices heard on several important statewide issues! News sources report that the turnout was over 25 percent with numbers in Dane County and the City of Madison, reaching nearly 30 percent. According to the Waukesha Freeman, the WOW counties had a 40 percent turnout.

Referendum Questions

In past blogs, I covered the proposed changes to the Wisconsin Constitution, shifting how federal dollars are spent in the state and giving the legislature more control. The results show almost 60% of the voters statewide rejected the amendments. As a result, the Governor will continue to have the authority to act on behalf of the state when it comes to emergency funding and other unallocated federal dollars.

This is a significant victory for those who opposed the changes, such as the Wisconsin Conservation Voters, and the Democratic legislators, who argued that the legislature would be unpredictable and slow to respond during a crisis, delaying critical funding.

Republican legislators and groups supporting the amendments such as the Badger Institute and Wisconsin Manufacturers and Commerce, claimed the changes were necessary to provide checks and balances to the Governor’s power.

Referendums historically passed 2/3 of the time. The rejection this time shows the power of the voters and is indicative of the tremendous effort put forward by the groups fighting them.

Primaries Under New Maps

As voters navigated the new districts, the results showed some incumbent losses — inevitable when two legislators were drawn into one district. We also saw many new faces claim victories for the numerous open seats created by the new maps.

Though we don’t yet know the full impact of the new maps. Results so far have been mostly positive for incumbent candidates.

State Senate

In the Milwaukee area, two state representatives vied for the open seat of Senate District 4, where Dora Drake (D-Milwaukee) prevailed over Lakeshia Myers. Drake will face no opposition in November, securing the seat for her.

In the Madison area, in the open seat for Senate District 16 vacated by Melissa Agard who is running for Dane County Executive, another Melissa beat out two other state representatives to win the primary. Melissa Ratcliff (D – Cottage Grove) won over Reps. Baldeh and J. Anderson without an opponent in November, she has secured the senate seat.

State Assembly

The Energy & Utilities Committee Chairman, Rep. Dave Steffen (R- Green Bay) survived a primary challenge. While another nearby incumbent, Republican Peter Schmidt (R-Shawano) lost to Rep. Elijah Behnke from Oconto in a new district.

Congressional Primary Wins

In the 3rd Congressional District, Rebecca Cook came out on top in the three-way Democratic primary. Cook will face Republican incumbent Derrick Van Orden in November.

In the 8th Congressional District, Tony Wied won his own three-way primary on the Republican ticket. He will face Democrat Kristin Lyerly in November.

The remainder of the candidates running in their respective congressional districts were not primaried.

The general election is slated for Tuesday, November 5, 2024. With plenty of time to get to know all the candidates and make your vote count.

Clean Energy Legislative Update • July 2024

Clean Energy Legislative Update • July 2024

Wisconsin’s primary election is an opportunity to have your voice heard on which local and national candidates you think best align with your view. This year voters also have a say in how the state decides to spend federal dollars. The primary election is on August 13, 2024, giving voters a few more weeks to get acquainted with the issues on the ballot.

The decision on how the state spends federal dollars is impacted by two, potentially confusing referendum questions on the back side of the ballot:

Question 1 – In plain language, this refers to who has the power over how federal money is spent.

A “yes” vote means the legislature would decide how federal dollars are spent.

A “no” vote means the legislature would share the power with the governor.

 

Question 2 – This refers to the Governor’s authority to act on behalf of the state.

A “yes” vote means the governor would be prohibited from spending federal dollars without legislative approval.

A “no” vote would allow the governor to continue spending federal money on behalf of Wisconsinites.

Much of the federal funding and state revenue that is spent in Wisconsin is allocated by the legislature and the Governor during the state budget process. Both parties try to get some form of compromise.

Funding from the federal government is often designated for a particular purpose, like road construction or broadband installations, and can only be used for those purposes.

Changes to the constitution made by these referendum amendments would apply to the Wisconsin Governor regardless of party affiliation and impact the Wisconsin legislature, regardless of which party is in the majority. However, different parties have different priorities, and finding agreement among the parties is difficult.

As an example, states have benefited from federal assistance during extensive emergencies, extreme weather conditions, natural disasters, and other situations where immediate financial assistance was critical. In more recent years, the Inflation Reduction Act and the Bipartisan Infrastructure Law allocated money to the states to implement Wisconsin’s transition to clean energy. Changing the process for how these funds are allocated could slow down the process of dispersing them.

In other words, anytime money comes to the state without strings attached on how it should be spent, it would be decided by the governor if the referendums are not approved OR it would have to be approved by the legislature if the referendums are approved.

Your vote determines the path forward for the state.

Clean Energy Legislative Update • April 2024

Clean Energy Legislative Update • April 2024

With Wisconsin’s 2023-2024 legislative session concluded, RENEW Wisconsin is now focused on educating candidates and voters, preparing for the August and November elections, and planning for the next legislative session. We are paying close attention to a referendum question on the August ballot that will decide how federal funds that come to the state will be allocated.

Amendments to the Wisconsin Constitution occur infrequently. The process of seeking a constitutional amendment involves identical question language, passing two legislative sessions consecutively, and then being approved by the voters through a statewide referendum or through court action. To undo an amendment also involves two consecutive legislative votes and a referendum by the voters or court action.

The referendum questions before the voters to be presented at the August partisan primary ballot are based on Assembly Joint Resolution 6, a proposal that was passed by Wisconsin’s legislature in March of this year. The exact wording is:

Delegation of appropriation power. Shall section 35 (1) of article IV of the constitution be created to provide that the legislature may not delegate its sole power to determine how moneys shall be appropriated?”

And

Allocation of federal moneys. Shall section 35 (2) of article IV of the constitution be created to prohibit the governor from allocating any federal moneys the governor accepts on behalf of the state without the approval of the legislature by joint resolution or as provided by legislative rule?”

In plain terms, the changes would limit the Governor’s authority and instead require that the state legislature decide how and when to disperse federal funds.

Under current law, the Governor of the state has the authority to accept federal funding on behalf of the state and allocate the funds without specific approval or involvement from the state legislature. States have benefited from federal assistance during extensive emergencies, extreme weather conditions, natural disasters, and other situations where immediate financial assistance was critical. In more recent years, the Inflation Reduction Act and the Bipartisan Infrastructure Law allocated money to the states to implement Wisconsin’s transition to clean energy.

It will be up to Wisconsin voters to decide whether this proposal becomes law. Approving this Amendment and tasking the state legislature with allocating federal funding would require consensus among 132 legislators in order to connect Wisconsin residents and communities to federal money. If the amendment does not pass, the Governor, as the head of state, can continue to accept and disperse federal money.

Clean Energy Legislative Update • March 2024

Clean Energy Legislative Update • March 2024

As the legislature wraps up for this session, RENEW is celebrating several victories and reflecting on some of the other renewable energy measures being considered by the state legislature.

Big Win for Electric Vehicle Infrastructure

Senate Bill 791, the Electric Vehicle Charging Bill, passed the legislature with several amendments. The legislation exempts private entities that develop charging stations from being regulated as a public utility but allows them to measure the cost of electricity used for charging EVs by the kilowatt hour (kWh). Establishing this new kWh standard to calculate how much electricity is used, rather than how long it takes to charge the vehicle, provides an essential uniform requirement for the industry. It is also required by the National Electric Vehicle Infrastructure (NEVI) Program for Wisconsin to qualify for $78 million dollars in federal funding, an 80% cost share, for level 3 chargers to build corridors for charging. RENEW will be developing a detailed overview of the passed legislation for those interested in more information. The bill received bipartisan support and limited opposition. In other actions related to electric vehicles, the Legislature also passed SB 792, which establishes the infrastructure program and enables the state to utilize the federal NEVI funding. Additionally, with the passage of SB 617, the DOT will issue registration plates or stickers for existing license plates that indicate the vehicle is electric.

Progress on Community Solar

The community solar bill, Assembly Bill 258, did not pass either the Senate or Assembly but did get a hearing in the Assembly Committee on Energy & Utilities. This is a significant development considering the heavy opposition from Wisconsin Utilities. The public hearing was a great opportunity for the benefits of community solar to be shared with state legislators. During the hearing, supporters of community solar were able to answer questions, correct misinformation, and show their unity and strength. Establishing a community solar program for renewable energy generation is essential for those without the option to install panels on their own roofs, or the financing necessary to cover costs. Under the community solar arrangement, the participants subscribe to the developed project and receive a credit on their electric bill for solar electricity generated on panels installed in a community setting. The developer arranges permitting, financing, and installation, as well as maintenance. If passed, the legislation would require approval of the location by local governments and be limited to 5 megawatts or about 26 acres. Each project would also require at least four subscribers. With fierce opposition in some areas to larger utility-scale operations, the community solar model is a better fit.

Other Legislative Wins

There were numerous bills that aimed to limit renewable energy development, including restrictive sitting and increased regulation. They did not pass, and in most cases, did not receive a hearing. These bills ultimately died in committee.

Assembly Joint Resolution 6

Assembly Joint Resolution 6 (AJR6) would give the Wisconsin Legislature control over how federal funds are spent, rather than the Governor, on behalf of the state. Recent examples of federal funds distributed to the states include the Inflation Reduction Act (IRA) and the Bipartisan Infrastructure Law (BIL), both have benefited Wisconsin’s clean economy. The Wisconsin constitution directs the Governor, as head of state, to oversee disbursement. In order to change the constitution, identical legislation has to pass the legislature twice in a row and then be considered by state voters. Because it is not regular legislation but a joint resolution of the legislature, the Governor does not have veto power. After the passage, the resolution language will become the referendum during an upcoming election, with the resolution language being the exact question asked. If voters approve the referendum, the state will need to modify the constitution. The consequences of this change can impact many efforts, such as conservation measures, disaster relief funds, higher education, and more. The earliest statewide election when this referendum can be placed on the ballot is the August primary. Efforts are on the way to provide information and educate the voters on the impact the change could have on issues of importance to them.

Clean Energy Legislative Update • December 2023

Clean Energy Legislative Update • December 2023

Though the year is coming to a close, RENEW Wisconsin’s efforts to support electric vehicle (EV) charging and community solar will continue into 2024. RENEW staff recently had the opportunity to testify before the Senate Committee on Utilities and Technology to share our support for SB 791.

We are also working with the Community Solar Coalition to get a hearing on the community solar bill. The Coalition is reaching out to leadership in the state legislature along with the chairman of the Senate Committee on Utilities and Technology to advance the bill to the next step.

EV Charging – SB 791

RENEW Wisconsin staff testified before the Senate Committee on Utilities and Technology on December 19, 2023. In our testimony we shared our support for SB 791, explaining that it will align the state of Wisconsin’s laws with the National Electric Vehicle Infrastructure (NEVI) Standards and Requirements set by the Federal Highway Administration and qualify for NEVI funds.

NEVI requires that the payment for charging your vehicle be based on kilowatt hours of electricity used rather than time. In Wisconsin, making electricity available by the kilowatt hour (kWh) is restricted for non-utilities. As it stands, the EV stations operating in the state have consumers pay by the amount of time it takes to charge rather than the amount of electricity used.

Allowing private entities to sell electricity by the kWh to charge an electric vehicle without being regulated as a utility will grant Wisconsin $78 million in NEVI dollars. These dollars are needed to fund the build-out of electric vehicle charging infrastructure and establish operational and maintenance standards.

This bill will bring Wisconsin in line with 48 other states and provide uniform access, pricing, accountability, and standards for EV Charging. More importantly, establishing the kWh standard for Wisconsin is time-sensitive as the deadline to qualify for the NEVI funds is the end of February 2024.

During our testimony, we recommend two improvements:

First, we ask for the grandfathering of all existing EV charging facilities up to the date when this new law becomes effective. We believe that early adopters of EV charging should not be forced to make costly changes to their existing systems and investments. Additionally, allowing the current economic and ownership arrangements to continue would not compete with the new systems but rather continue serving the market.

Second, we asked that the bill be modified to allow state government entities to lease land for charging or that they be able to partner with a private entity to host facilities. This change would allow charging stations to be placed in remote places that private businesses may not find suitable.