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 1, 2023 Contact: Brian Larson, Senior Staff Attorney
2023 Senate Bill 49
Senate Substitute
Amendment 1
2023 SENATE BILL 49
2023 Senate Bill 49 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.
SENATE SUBSTITUTE AMENDMENT 1
Senate 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
Senator Bradley introduced 2023 Senate Bill 49 on February 14, 2023. Senator Bradley offered Senate
Substitute Amendment 1 to the bill on May 15, 2023. The Senate Committee on Utilities and
Technology held a public hearing on May 16, 2023. The committee took action on May 25, 2023,
recommending adoption of the substitute amendment on a vote of Ayes, 3; Noes, 2; and passage of the
bill, as amended, on a vote of Ayes, 3; Noes, 2.
For a full history of the bill, visit the Legislature’s bill history page.
BL:ksm