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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 457
September 28, 2023 - Introduced by Representatives SCHRAA, MOSES, ALLEN and
BRANDTJEN, cosponsored by Senators FEYEN and BALLWEG. Referred to
Committee on Energy and Utilities.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 66.0821 (2) (b); to amend 66.0821 (4) (a),
66.0821 (4) (c), 196.01 (5) (a) 1., 196.03 (1), 196.60 (1) (a) and 196.604; and to
create 66.0821 (2) (b) 2. and 196.01 (5) (a) 1r. of the statutes; relating to:
authorizing the Public Service Commission to regulate storm water utilities.
Analysis by the Legislative Reference Bureau
This bill subjects municipal storm water utilities to the full authority of the
Public Service Commission to regulate rates and services. Current law authorizes
municipalities to construct and operate systems for collecting, transporting,
pumping, treating, or disposing storm water and surface water and to establish
service charges to meet the costs of any of the following requirements of such a
system: constructing, reconstructing, improving, extending, operating, maintaining,
repairing, or depreciating the system or paying the principal and interest of any
indebtedness incurred for the system. Under current law, municipal storm water
utilities are generally not subject to PSC's jurisdiction, except for addressing
complaints by users that municipal storm water utility rates, rules, or practices are
unreasonable or unjustly discriminatory.
For further information see the state and local 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:
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SECTION 1 ASSEMBLY BILL 457
SECTION 1. 66.0821 (2) (b) of the statutes is renumbered 66.0821 (2) (b) 1. and
amended to read:
66.0821 (2) (b) 1. The Except as provided in subd. 2., the governing body of a
municipality, and the officials in charge of the management of the sewerage system
as well as other officers of the municipality, are governed in the discharge of their
powers and duties under this section by ss. 66.0809 to 66.0813 or 62.69 (2) (f), to the
extent consistent with this section, or, in the case of a metropolitan sewerage district
created under ss. 200.21 to 200.65, by ss. 200.55 and 200.59.
SECTION 2. 66.0821 (2) (b) 2. of the statutes is created to read:
66.0821 (2) (b) 2. The public service commission has jurisdiction over the rates
and services of a municipal storm water utility, and a municipal storm water utility
is subject to ss. 66.0809 to 66.0813 or 62.69 (2) (f) to the extent consistent, as
determined by the public service commission, with this section and ch. 196.
SECTION 3. 66.0821 (4) (a) of the statutes is amended to read:
66.0821 (4) (a) The Subject to sub. (2) (b) 2., the governing body of the
municipality may establish sewerage service charges in an amount to meet all or part
of the requirements for the construction, reconstruction, improvement, extension,
operation, maintenance, repair, and depreciation of the sewerage system, and for the
payment of all or part of the principal and interest of any indebtedness incurred for
those purposes, including the replacement of funds advanced by or paid from the
general fund of the municipality. Service charges made by a metropolitan sewerage
district to any town, village, or city shall be levied by the town, village, or city against
the individual sewer system users within the corporate limits of the municipality,
and the municipality shall collect the charges and promptly remit them to the
metropolitan sewerage district. Delinquent charges shall be collected in accordance
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SECTION 3
ASSEMBLY BILL 457
with sub. (4) (d). The governing body of a municipality may not establish any charge
under this paragraph that is not related to providing sewerage service.
SECTION 4. 66.0821 (4) (c) of the statutes is amended to read:
66.0821 (4) (c) For Subject to sub. (2) (b) 2., for the purpose of making equitable
charges for all services rendered by a storm water and surface water sewerage
system to users, the property served may be classified, taking into consideration the
volume or peaking of storm water or surface water discharge that is caused by the
area of impervious surfaces, topography, impervious surfaces and other surface
characteristics, extent and reliability of mitigation or treatment measures available
to service the property, apart from measures provided by the storm water and surface
water sewerage system, and any other considerations that are reasonably relevant
to a use made of the storm water and surface water sewerage system. The charges
may also include standby charges to property not yet developed with significant
impervious surfaces for which capacity has been made available in the storm water
and surface water sewerage system. No additional charges, beyond those charged
to similar properties, may be charged to a property for services rendered by a storm
and surface water system for a property that continually retains 90 percent of the
difference between the post-development and predevelopment runoff on site.
SECTION 5. 196.01 (5) (a) 1. of the statutes is amended to read:
196.01 (5) (a) 1. Any person engaged in the transmission or delivery of natural
gas for compensation within this state by means of pipes or mains and any.
1g. Any person, excluding, except as provided in subd. 1r., a governmental unit,
who furnishes services by means of a sewerage system either directly or indirectly
to or for the public.
SECTION 6. 196.01 (5) (a) 1r. of the statutes is created to read:
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SECTION 6 ASSEMBLY BILL 457
196.01 (5) (a) 1r. A municipal storm water utility.
SECTION 7. 196.03 (1) of the statutes is amended to read:
196.03 (1) Subject to s. 196.63, a public utility shall furnish reasonably
adequate service and facilities. The charge made by any public utility for any heat,
light, water, storm water service, telecommunications service, or power produced,
transmitted, delivered, or furnished or for any service rendered or to be rendered in
connection therewith shall be reasonable and just and every unjust or unreasonable
charge for such service is prohibited and declared unlawful.
SECTION 8. 196.60 (1) (a) of the statutes is amended to read:
196.60 (1) (a) No public utility and no agent, as defined in s. 196.66 (3) (a), or
officer of a public utility, directly or indirectly, may charge, demand, collect or receive
from any person more or less compensation for any service rendered or to be rendered
by it in or affecting or relating to the production, transmission, delivery or furnishing
of heat, light, water, storm water service, or power or for any service in connection
therewith, than that prescribed in the published schedules or tariffs then in force,
or established under this chapter, or than it charges, demands, collects or receives
from any other person for a like contemporaneous service.
SECTION 9. 196.604 of the statutes is amended to read:
196.604 Rebates, concessions and discriminations unlawful. No person
may knowingly solicit, accept, or receive any rebate, concession, or discrimination
from a public utility for any service in or affecting or relating to the production,
transmission, delivery, or furnishing of heat, light, water, storm water service, or
power within this state or for any connected service whereby the service is rendered
or is to be rendered free or at a rate less than the rate named in the schedules and
tariffs in force, or whereby any other service or advantage is received. Any person
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SECTION 9
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violating this section shall be fined not less than $50 nor more than $5,000 for each
offense.
(END)
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