Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB455 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 455
5	5	September 29, 2023 - Introduced by Senators FEYEN, BALLWEG and FELZKOWSKI,
6	6	cosponsored by Representatives SCHRAA, MOSES, BRANDTJEN and ALLEN.
7	7	Referred to Committee on Utilities and Technology.
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 other than metropolitan
15	15	sewerage districts to the full authority of the Public Service Commission to regulate
16	16	rates and services. Current law authorizes municipalities to construct and operate
17	17	systems for collecting, transporting, pumping, treating, or disposing storm water
18	18	and surface water and to establish service charges to meet the costs of any of the
19	19	following requirements of such a system: constructing, reconstructing, improving,
20	20	extending, operating, maintaining, repairing, or depreciating the system or paying
21	21	the principal and interest of any indebtedness incurred for the system. Under
22	22	current law, municipal storm water utilities are generally not subject to PSC's
23	23	jurisdiction, except for addressing complaints by users that municipal storm water
24	24	utility rates, rules, or practices are 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:
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34	34	SECTION 1 SENATE BILL 455
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. This
48	48	subdivision does not apply to a metropolitan sewerage district created under ss.
49	49	200.21 to 200.65.
50	50	SECTION 3. 66.0821 (4) (a) of the statutes is amended to read:
51	51	66.0821 (4) (a) The Subject to sub. (2) (b) 2., the governing body of the
52	52	municipality may establish sewerage service charges in an amount to meet all or part
53	53	of the requirements for the construction, reconstruction, improvement, extension,
54	54	operation, maintenance, repair, and depreciation of the sewerage system, and for the
55	55	payment of all or part of the principal and interest of any indebtedness incurred for
56	56	those purposes, including the replacement of funds advanced by or paid from the
57	57	general fund of the municipality. Service charges made by a metropolitan sewerage
58	58	district to any town, village, or city shall be levied by the town, village, or city against
59	59	the individual sewer system users within the corporate limits of the municipality,
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87	87	SECTION 3
88	88	SENATE BILL 455
89	89	and the municipality shall collect the charges and promptly remit them to the
90	90	metropolitan sewerage district. Delinquent charges shall be collected in accordance
91	91	with sub. (4) (d). The governing body of a municipality may not establish any charge
92	92	under this paragraph that is not related to providing sewerage service.
93	93	SECTION 4. 66.0821 (4) (c) of the statutes is amended to read:
94	94	66.0821 (4) (c) For Subject to sub. (2) (b) 2., for the purpose of making equitable
95	95	charges for all services rendered by a storm water and surface water sewerage
96	96	system to users, the property served may be classified, taking into consideration the
97	97	volume or peaking of storm water or surface water discharge that is caused by the
98	98	area of impervious surfaces, topography, impervious surfaces and other surface
99	99	characteristics, extent and reliability of mitigation or treatment measures available
100	100	to service the property, apart from measures provided by the storm water and surface
101	101	water sewerage system, and any other considerations that are reasonably relevant
102	102	to a use made of the storm water and surface water sewerage system. The charges
103	103	may also include standby charges to property not yet developed with significant
104	104	impervious surfaces for which capacity has been made available in the storm water
105	105	and surface water sewerage system. No additional charges, beyond those charged
106	106	to similar properties, may be charged to a property for services rendered by a storm
107	107	and surface water system for a property that continually retains 90 percent of the
108	108	difference between the post-development and predevelopment runoff on site.
109	109	SECTION 5. 196.01 (5) (a) 1. of the statutes is amended to read:
110	110	196.01 (5) (a) 1. Any person engaged in the transmission or delivery of natural
111	111	gas for compensation within this state by means of pipes or mains and any.
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136	136	SECTION 5 SENATE BILL 455
137	137	1g. Any person, excluding, except as provided in subd. 1r., a governmental unit,
138	138	who furnishes services by means of a sewerage system either directly or indirectly
139	139	to or for the public.
140	140	SECTION 6. 196.01 (5) (a) 1r. of the statutes is created to read:
141	141	196.01 (5) (a) 1r. A municipal storm water utility other than a metropolitan
142	142	sewerage district created under ss. 200.21 to 200.65.
143	143	SECTION 7. 196.03 (1) of the statutes is amended to read:
144	144	196.03 (1) Subject to s. 196.63, a public utility shall furnish reasonably
145	145	adequate service and facilities. The charge made by any public utility for any heat,
146	146	light, water, storm water service, telecommunications service, or power produced,
147	147	transmitted, delivered, or furnished or for any service rendered or to be rendered in
148	148	connection therewith shall be reasonable and just and every unjust or unreasonable
149	149	charge for such service is prohibited and declared unlawful.
150	150	SECTION 8. 196.60 (1) (a) of the statutes is amended to read:
151	151	196.60 (1) (a) No public utility and no agent, as defined in s. 196.66 (3) (a), or
152	152	officer of a public utility, directly or indirectly, may charge, demand, collect or receive
153	153	from any person more or less compensation for any service rendered or to be rendered
154	154	by it in or affecting or relating to the production, transmission, delivery or furnishing
155	155	of heat, light, water, storm water service, or power or for any service in connection
156	156	therewith, than that prescribed in the published schedules or tariffs then in force,
157	157	or established under this chapter, or than it charges, demands, collects or receives
158	158	from any other person for a like contemporaneous service.
159	159	SECTION 9. 196.604 of the statutes is amended to read:
160	160	196.604 Rebates, concessions and discriminations unlawful. No person
161	161	may knowingly solicit, accept, or receive any rebate, concession, or discrimination
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187	187	LRB-1576/2
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189	189	SECTION 9
190	190	SENATE BILL 455
191	191	from a public utility for any service in or affecting or relating to the production,
192	192	transmission, delivery, or furnishing of heat, light, water, storm water service, or
193	193	power within this state or for any connected service whereby the service is rendered
194	194	or is to be rendered free or at a rate less than the rate named in the schedules and
195	195	tariffs in force, or whereby any other service or advantage is received. Any person
196	196	violating this section shall be fined not less than $50 nor more than $5,000 for each
197	197	offense.
198	198	(END)
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