Wisconsin Legislative Council AMENDMENT MEMO One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc Memo published: June 13, 2023 Contact: Benjamin Kranner, Staff Analyst 2023 Assembly Bill 45 Assembly Substitute Amendment 1 2023 ASSEMBLY BILL 45 2023 Assembly Bill 45 prohibits a political subdivision from placing any restriction, either directly or in effect, on the connection or reconnection of a utility service based on the type or source of energy to be provided. The bill also prohibits a political subdivision from discriminating against a public utility or a liquefied petroleum (LP) gas retailer, based in whole or in part on the nature or source of the utility service to be provided for a consumer. For purposes of the bill, a “political subdivision” includes a city, village, town, or county. The term “utility service” is defined to mean service—including electric, manufactured gas, LP gas, natural gas, hydrogen, fuel oil, a renewable source, or any other source—supplied by a public utility that is capable of providing and authorized to provide the service for the property of an individual or entity. Also, a “utility service” may include service to supply LP gas by a retailer, as specified in the bill. The bill also clarifies that these provisions do not affect the authority of a political subdivision to manage or operate a public utility, including regulation of gaseous fuels, under state law; nor do they affect the authority of a political subdivision to take steps designed to reduce greenhouse gas emissions from its facilities and operations, including purchasing renewable energy. ASSEMBLY SUBSTITUTE AMENDMENT 1 Assembly Substitute Amendment 1 includes the provisions in the bill, and it incorporates two additional changes into the legislation. First, under the substitute amendment, the provisions described above apply to state agencies and political subdivisions (instead of only political subdivisions, as under the bill). Second, the definition of “utility service” and the prohibition against discrimination are expanded to include service supplied by an electric cooperative. BILL HISTORY Assembly Substitute Amendment 1 was offered by Representative Steffen on May 15, 2023. On June 6, 2023, the Assembly Committee on Energy and Utilities recommended adoption of the amendment and passage of the bill, as amended, on votes of Ayes, 11; Noes, 5. For a full history of the bill, visit the Legislature’s bill history page. BK:ksm