Wisconsin Statutes

Wis. Stat. § 1.12 (2026)

State energy policy

✓ current as of July 2026
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1.121.12State energy policy.
1.12(1)(1)Definitions. In this section:
1.12(1)(a)(a) “Local governmental unit” has the meaning given in s. 19.42 (7u).
1.12(1)(b)(b) “State agency” means an office, department, agency, institution of higher education, the legislature, a legislative service agency, the courts, a judicial branch agency, an association, society, or other body in state government that is created or authorized to be created by the constitution or by law, for which appropriations are made by law, excluding the Wisconsin Economic Development Corporation.
1.12(2)(2)Conservation policy. A state agency or local governmental unit shall investigate and consider the maximum conservation of energy resources as an important factor when making any major decision that would significantly affect energy usage.
1.12(3)(3)Goals.
1.12(3)(a)(a) Energy efficiency. It is the goal of the state to reduce the ratio of energy consumption to economic activity in the state.
1.12(3)(b)(b) Renewable energy resources. It is the goal of the state that, to the extent that it is cost-effective and technically feasible, all new installed capacity for electric generation in the state be based on renewable energy resources, including hydroelectric, wood, wind, solar, refuse, agricultural and biomass energy resources.
1.12(3)(c)(c) Afforestation. It is the goal of the state to ensure a future supply of wood fuel and reduce atmospheric carbon dioxide by increasing the forested areas of the state.
1.12(4)(4)Priorities. In meeting energy demands, the policy of the state is that, to the extent cost-effective and technically feasible, options be considered based on the following priorities, in the order listed:
1.12(4)(a)(a) Energy conservation and efficiency.
1.12(4)(b)(b) Noncombustible renewable energy resources.
1.12(4)(c)(c) Combustible renewable energy resources.
1.12(4)(cm)(cm) Advanced nuclear energy using a reactor design or amended reactor design approved after December 31, 2010, by the U.S. Nuclear Regulatory Commission.
1.12(4)(d)(d) Nonrenewable combustible energy resources, in the order listed:
1.12(4)(d)1.1. Natural gas.
1.12(4)(d)2.2. Oil or coal with a sulphur content of less than 1 percent.
1.12(4)(d)3.3. All other carbon-based fuels.
1.12(5)(5)Meeting energy demands.
1.12(5)(a)(a) In designing all new and replacement energy projects, a state agency or local governmental unit shall rely to the greatest extent feasible on energy efficiency improvements and renewable energy resources, if the energy efficiency improvements and renewable energy resources are cost-effective and technically feasible and do not have unacceptable environmental impacts.
1.12(5)(b)(b) To the greatest extent cost-effective and technically feasible, a state agency or local governmental unit shall design all new and replacement energy projects following the priorities listed in sub. (4).
1.12(6)(6)Siting of electric transmission facilities. In the siting of new electric transmission facilities, including high-voltage transmission lines, as defined in s. 196.491 (1) (f), it is the policy of this state that, to the greatest extent feasible that is consistent with economic and engineering considerations, reliability of the electric system, and protection of the environment, the following corridors should be utilized in the following order of priority:
1.12(6)(a)(a) Existing utility corridors.
1.12(6)(b)(b) Highway and railroad corridors.
1.12(6)(c)(c) Recreational trails, to the extent that the facilities may be constructed below ground and that the facilities do not significantly impact environmentally sensitive areas.
1.12(6)(d)(d) New corridors.
1.12 NoteNOTE: 1993 Wis. Act 414, which created subs. (1) and (3) to (5), contains extensive explanatory notes.
1.12 Cross-referenceCross-reference: See also ch. NR 150 and s. PSC 4.30, Wis. adm. code.
1.12 AnnotationWhen the Public Service Commission (PSC) makes a determination under the Plant Siting Law, s. 196.491, it applies sub. (4) in the context of determining whether to approve the requested plant siting. The question PSC should ask is: given the requirements of the Plant Siting Law, what is the highest priority energy option that is also cost effective and technically feasible? Clean Wisconsin, Inc. v. PSC, 2005 WI 93, 282 Wis. 2d 250, 700 N.W.2d 768, 04-3179.
1.12 AnnotationAs is relevant to ratemaking, the Public Service Commission (PSC) applies sub. (4) and s. 196.025 (1) (ar) in the context of determining whether a utility rate is “reasonable and just.” Thus, the relevant question for PSC in the ratemaking context is: given the requirements of ss. 196.026 (7) (c) and 196.03 (1), what is the highest priority energy option that is also cost-effective, technically feasible, and environmentally sound? Sierra Club v. PSC, 2024 WI App 52, 413 Wis. 2d 616, 12 N.W.3d 854, 22-1968.
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1979–2025 · leading case: Clean Wisconsin, Inc. v. Pub. Serv. Comm'n, 2005 WI 93 (Wis. 2005).
Clean Wisconsin, Inc. v. Pub. Serv. Comm'n, 2005 WI 93 (Wis. 2005). · cites it 56× “Wis. Stat. § 1.12 (4). See also Wis. Stat.”
Clean Wisconsin, Inc. v. Pub. Serv. Comm'n of Wisconsin, 2005 WI 93 (Wis. 2005). · cites it 28× “Wis. Stat. § 1.12 (4). See also Wis. Stat.”
Wisconsin's Env't Decade, Inc. v. Wisconsin Dep't of Nat. Resources, 340 N.W.2d 722 (Wis. 1983). · cites it 4× “Petitioners argue that sec. 1.12, Stats., [5] requires not only consideration of this energy use but that such use of energy additionally makes it obligatory for the DNR to conduct an EIS.”
Town of Holland v. Pub. Serv. Comm'n of Wis., 913 N.W.2d 914 (Wis. Ct. App. 2018). · cites it 3× “§ 1.12(6), which requires electric transmission facilities to be sited in existing utility corridors "to the greatest extent feasible" before establishing new corridors.”
Felton v. Teel Plastics, Inc., 724 F. Supp. 2d 941 (W.D. Wis. 2010). · cites it 2× “12, which states that “a Manager shall not be liable to the Company or to any Member for loss or damage sustained by the Company or to any Member, unless the loss of damage is the result of fraud, willful misconduct, material breach of fiduciary duty or a wrongful taking by the…”
United States v. Peters, 476 F. Supp. 259 (E.D. Wis. 1979). “Model Penal Code, § 1.12(3) (Prop.Off. Draft 1962).” *262 In the case at bar, whether Mr.”
Sierra Club v. Pub. Serv. Comm'n of Wisconsin (Wis. Ct. App. 2024). · cites it 8× “§§ 1.12(4), 196.025(1) (2021-22).1 ¶3 We first conclude that the PSC’s ratemaking decisions are not rules and, therefore, are not subject to the rulemaking process outlined in WIS.”
Town of Christiana v. Pub. Serv. Comm'n of Wisconsin (Wis. Ct. App. 2025). · cites it 4× “§ 1.12, “states Wisconsin’s energy policy and gives agencies and governmental units a list of energy source options and the priority in which they should be considered when making decisions.”
Sierra Club v. Pub. Serv. Comm'n of Wisconsin (Wis. Ct. App. 2024). “§ 1.12(4). ¶35 When the Commission makes a determination on an application for a certificate of authority under WIS.”
— Wis. Stat. § 1.12(2) — 1 case
Town of Christiana v. Pub. Serv. Comm'n of Wisconsin (Wis. Ct. App. 2025). “§ 1.12, “states Wisconsin’s energy policy and gives agencies and governmental units a list of energy source options and the priority in which they should be considered when making decisions.”
— Wis. Stat. § 1.12(3) — 1 case
United States v. Peters, 476 F. Supp. 259 (E.D. Wis. 1979). “Model Penal Code, § 1.12(3) (Prop.Off. Draft 1962).” *262 In the case at bar, whether Mr.”
— Wis. Stat. § 1.12(4) — 5 cases
Clean Wisconsin, Inc. v. Pub. Serv. Comm'n, 2005 WI 93 (Wis. 2005). “Wis. Stat. § 1.12 (4). See also Wis. Stat.”
Clean Wisconsin, Inc. v. Pub. Serv. Comm'n of Wisconsin, 2005 WI 93 (Wis. 2005). “Wis. Stat. § 1.12 (4). See also Wis. Stat.”
Sierra Club v. Pub. Serv. Comm'n of Wisconsin (Wis. Ct. App. 2024). “§§ 1.12(4), 196.025(1) (2021-22).1 ¶3 We first conclude that the PSC’s ratemaking decisions are not rules and, therefore, are not subject to the rulemaking process outlined in WIS.”
Town of Christiana v. Pub. Serv. Comm'n of Wisconsin (Wis. Ct. App. 2025). “§ 1.12, “states Wisconsin’s energy policy and gives agencies and governmental units a list of energy source options and the priority in which they should be considered when making decisions.”
Sierra Club v. Pub. Serv. Comm'n of Wisconsin (Wis. Ct. App. 2024). “§ 1.12(4). ¶35 When the Commission makes a determination on an application for a certificate of authority under WIS.”
— Wis. Stat. § 1.12(4)(a) — 1 case
Sierra Club v. Pub. Serv. Comm'n of Wisconsin (Wis. Ct. App. 2024). “§§ 1.12(4), 196.025(1) (2021-22).1 ¶3 We first conclude that the PSC’s ratemaking decisions are not rules and, therefore, are not subject to the rulemaking process outlined in WIS.”
— Wis. Stat. § 1.12(6) — 1 case
Town of Holland v. Pub. Serv. Comm'n of Wis., 913 N.W.2d 914 (Wis. Ct. App. 2018). “§ 1.12(6), which requires electric transmission facilities to be sited in existing utility corridors "to the greatest extent feasible" before establishing new corridors.”
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