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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 670
November 27, 2023 - Introduced by Representatives J. ANDERSON, BARE, CLANCY,
CONSIDINE, EMERSON, JACOBSON, JOERS, MADISON, MOORE OMOKUNDE,
OHNSTAD, PALMERI, RATCLIFF, SHELTON, SINICKI and STUBBS, cosponsored by
Senators AGARD, CARPENTER and TAYLOR. Referred to Committee on Energy
and Utilities.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 196.94 of the statutes; relating to: prohibiting certain utility
service disconnections for nonpayment.
Analysis by the Legislative Reference Bureau
This bill prohibits a public utility from disconnecting, between November 1 and
April 15, a utility service that provides the primary heat source or energy source
affecting the primary heat source for a residential dwelling occupied by a household
whose gross quarterly income is 250 percent or less of the federal poverty guidelines
or with an individual whose health and safety would be endangered by disconnection
because of old age or youth. The bill applies to disconnections for nonpayment of
utility services but allows disconnections for any of the following reasons: 1) for
remodeling or repairs; 2) for violating rules by using the service in a manner that
interferes with the service of others or by using nonstandard equipment; 3) if a
dangerous conditions exists; or 4) upon reasonable evidence that service is obtained
by potentially unsafe devices or methods that interfere with proper metering of the
service.
Under current law, the Public Service Commission is authorized to promulgate
rules establishing service requirements for public utility services, and PSC has
exercised that authority to promulgate rules similar to the bill's prohibition on utility
service disconnections between November 1 and April 15.
The bill also prohibits public utilities from disconnecting a utility service that
provides the primary energy source or energy source affecting the primary heat or
cooling source for a residential dwelling occupied by a person with a disability. The
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ASSEMBLY BILL 670
prohibition applies to disconnections for nonpayment of utility services and contains
the exceptions described earlier.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 196.94 of the statutes is created to read:
196.94 Prohibition on certain utility service disconnections. (1) (a)
Except as provided in sub. (2), during the period from November 1 to April 15, no
public utility may disconnect a utility service that provides the primary heat source
or energy source affecting the primary heat source for a residential dwelling unit
occupied by any of the following for nonpayment of the utility service:
1. A household whose gross quarterly income does not exceed 250 percent of the
federal income poverty guidelines under 42 USC 9902 (2).
2. A household with an individual whose health and safety would be
endangered by disconnection because of the infirmities of age or the frailties of being
very young.
(b) Except as provided in sub. (2), no public utility may disconnect a utility
service that provides the primary energy source or energy source affecting the
primary heat or cooling source for a residential dwelling unit occupied by a person
with a disability for nonpayment of the utility service.
(2) A public utility may disconnect a utility service under any of the following
circumstances:
(a) For remodeling or repairs.
(b) If the public utility first notifies the customer and provides the customer
with a reasonable opportunity to remedy the situation, for a customer's violation of
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the public utility's rules pertaining to the use of service in a manner that interferes
with the service of others or pertaining to the operation of nonstandard equipment.
(c) If a dangerous condition exists, for as long as the condition exists.
(d) If the public utility has reasonable evidence that a customer is obtaining
utility service by potentially unsafe devices or potentially unsafe methods that stop
or interfere with the proper metering of the utility service.
(END)
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