Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB457 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-1756/1
2	2	KP:kms
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 457
5	5	September 28, 2023 - Introduced by Representatives SCHRAA, MOSES, ALLEN and
6	6	BRANDTJEN, cosponsored by Senators FEYEN and BALLWEG. Referred to
7	7	Committee on Energy and Utilities.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to renumber and amend 66.0821 (2) (b); to amend 66.0821 (4) (a),
10	10	66.0821 (4) (c), 196.01 (5) (a) 1., 196.03 (1), 196.60 (1) (a) and 196.604; and to
11	11	create 66.0821 (2) (b) 2. and 196.01 (5) (a) 1r. of the statutes; relating to:
12	12	authorizing the Public Service Commission to regulate storm water utilities.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill subjects municipal storm water utilities to the full authority of the
15	15	Public Service Commission to regulate rates and services. Current law authorizes
16	16	municipalities to construct and operate systems for collecting, transporting,
17	17	pumping, treating, or disposing storm water and surface water and to establish
18	18	service charges to meet the costs of any of the following requirements of such a
19	19	system: constructing, reconstructing, improving, extending, operating, maintaining,
20	20	repairing, or depreciating the system or paying the principal and interest of any
21	21	indebtedness incurred for the system. Under current law, municipal storm water
22	22	utilities are generally not subject to PSC's jurisdiction, except for addressing
23	23	complaints by users that municipal storm water utility rates, rules, or practices are
24	24	unreasonable or unjustly discriminatory.
25	25	For further information see the state and local fiscal estimate, which will be
26	26	printed as an appendix to this bill.
27	27	The people of the state of Wisconsin, represented in senate and assembly, do
28	28	enact as follows:
29	29	1
30	30	2
31	31	3
32	32	4 - 2 -2023 - 2024 Legislature LRB-1756/1
33	33	KP:kms
34	34	SECTION 1 ASSEMBLY BILL 457
35	35	SECTION 1. 66.0821 (2) (b) of the statutes is renumbered 66.0821 (2) (b) 1. and
36	36	amended to read:
37	37	66.0821 (2) (b) 1. The Except as provided in subd. 2., the governing body of a
38	38	municipality, and the officials in charge of the management of the sewerage system
39	39	as well as other officers of the municipality, are governed in the discharge of their
40	40	powers and duties under this section by ss. 66.0809 to 66.0813 or 62.69 (2) (f), to the
41	41	extent consistent with this section, or, in the case of a metropolitan sewerage district
42	42	created under ss. 200.21 to 200.65, by ss. 200.55 and 200.59.
43	43	SECTION 2. 66.0821 (2) (b) 2. of the statutes is created to read:
44	44	66.0821 (2) (b) 2. The public service commission has jurisdiction over the rates
45	45	and services of a municipal storm water utility, and a municipal storm water utility
46	46	is subject to ss. 66.0809 to 66.0813 or 62.69 (2) (f) to the extent consistent, as
47	47	determined by the public service commission, with this section and ch. 196.
48	48	SECTION 3. 66.0821 (4) (a) of the statutes is amended to read:
49	49	66.0821 (4) (a) The Subject to sub. (2) (b) 2., the governing body of the
50	50	municipality may establish sewerage service charges in an amount to meet all or part
51	51	of the requirements for the construction, reconstruction, improvement, extension,
52	52	operation, maintenance, repair, and depreciation of the sewerage system, and for the
53	53	payment of all or part of the principal and interest of any indebtedness incurred for
54	54	those purposes, including the replacement of funds advanced by or paid from the
55	55	general fund of the municipality. Service charges made by a metropolitan sewerage
56	56	district to any town, village, or city shall be levied by the town, village, or city against
57	57	the individual sewer system users within the corporate limits of the municipality,
58	58	and the municipality shall collect the charges and promptly remit them to the
59	59	metropolitan sewerage district. Delinquent charges shall be collected in accordance
60	60	1
61	61	2
62	62	3
63	63	4
64	64	5
65	65	6
66	66	7
67	67	8
68	68	9
69	69	10
70	70	11
71	71	12
72	72	13
73	73	14
74	74	15
75	75	16
76	76	17
77	77	18
78	78	19
79	79	20
80	80	21
81	81	22
82	82	23
83	83	24
84	84	25 - 3 -2023 - 2024 Legislature
85	85	LRB-1756/1
86	86	KP:kms
87	87	SECTION 3
88	88	ASSEMBLY BILL 457
89	89	with sub. (4) (d). The governing body of a municipality may not establish any charge
90	90	under this paragraph that is not related to providing sewerage service.
91	91	SECTION 4. 66.0821 (4) (c) of the statutes is amended to read:
92	92	66.0821 (4) (c) For Subject to sub. (2) (b) 2., for the purpose of making equitable
93	93	charges for all services rendered by a storm water and surface water sewerage
94	94	system to users, the property served may be classified, taking into consideration the
95	95	volume or peaking of storm water or surface water discharge that is caused by the
96	96	area of impervious surfaces, topography, impervious surfaces and other surface
97	97	characteristics, extent and reliability of mitigation or treatment measures available
98	98	to service the property, apart from measures provided by the storm water and surface
99	99	water sewerage system, and any other considerations that are reasonably relevant
100	100	to a use made of the storm water and surface water sewerage system. The charges
101	101	may also include standby charges to property not yet developed with significant
102	102	impervious surfaces for which capacity has been made available in the storm water
103	103	and surface water sewerage system. No additional charges, beyond those charged
104	104	to similar properties, may be charged to a property for services rendered by a storm
105	105	and surface water system for a property that continually retains 90 percent of the
106	106	difference between the post-development and predevelopment runoff on site.
107	107	SECTION 5. 196.01 (5) (a) 1. of the statutes is amended to read:
108	108	196.01 (5) (a) 1. Any person engaged in the transmission or delivery of natural
109	109	gas for compensation within this state by means of pipes or mains and any.
110	110	1g. Any person, excluding, except as provided in subd. 1r., a governmental unit,
111	111	who furnishes services by means of a sewerage system either directly or indirectly
112	112	to or for the public.
113	113	SECTION 6. 196.01 (5) (a) 1r. of the statutes is created to read:
114	114	1
115	115	2
116	116	3
117	117	4
118	118	5
119	119	6
120	120	7
121	121	8
122	122	9
123	123	10
124	124	11
125	125	12
126	126	13
127	127	14
128	128	15
129	129	16
130	130	17
131	131	18
132	132	19
133	133	20
134	134	21
135	135	22
136	136	23
137	137	24
138	138	25 - 4 -2023 - 2024 Legislature LRB-1756/1
139	139	KP:kms
140	140	SECTION 6 ASSEMBLY BILL 457
141	141	196.01 (5) (a) 1r. A municipal storm water utility.
142	142	SECTION 7. 196.03 (1) of the statutes is amended to read:
143	143	196.03 (1) Subject to s. 196.63, a public utility shall furnish reasonably
144	144	adequate service and facilities. The charge made by any public utility for any heat,
145	145	light, water, storm water service, telecommunications service, or power produced,
146	146	transmitted, delivered, or furnished or for any service rendered or to be rendered in
147	147	connection therewith shall be reasonable and just and every unjust or unreasonable
148	148	charge for such service is prohibited and declared unlawful.
149	149	SECTION 8. 196.60 (1) (a) of the statutes is amended to read:
150	150	196.60 (1) (a) No public utility and no agent, as defined in s. 196.66 (3) (a), or
151	151	officer of a public utility, directly or indirectly, may charge, demand, collect or receive
152	152	from any person more or less compensation for any service rendered or to be rendered
153	153	by it in or affecting or relating to the production, transmission, delivery or furnishing
154	154	of heat, light, water, storm water service, or power or for any service in connection
155	155	therewith, than that prescribed in the published schedules or tariffs then in force,
156	156	or established under this chapter, or than it charges, demands, collects or receives
157	157	from any other person for a like contemporaneous service.
158	158	SECTION 9. 196.604 of the statutes is amended to read:
159	159	196.604 Rebates, concessions and discriminations unlawful. No person
160	160	may knowingly solicit, accept, or receive any rebate, concession, or discrimination
161	161	from a public utility for any service in or affecting or relating to the production,
162	162	transmission, delivery, or furnishing of heat, light, water, storm water service, or
163	163	power within this state or for any connected service whereby the service is rendered
164	164	or is to be rendered free or at a rate less than the rate named in the schedules and
165	165	tariffs in force, or whereby any other service or advantage is received. Any person
166	166	1
167	167	2
168	168	3
169	169	4
170	170	5
171	171	6
172	172	7
173	173	8
174	174	9
175	175	10
176	176	11
177	177	12
178	178	13
179	179	14
180	180	15
181	181	16
182	182	17
183	183	18
184	184	19
185	185	20
186	186	21
187	187	22
188	188	23
189	189	24
190	190	25 - 5 -2023 - 2024 Legislature
191	191	LRB-1756/1
192	192	KP:kms
193	193	SECTION 9
194	194	ASSEMBLY BILL 457
195	195	violating this section shall be fined not less than $50 nor more than $5,000 for each
196	196	offense.
197	197	(END)
198	198	1
199	199	2
200	200	3