Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB49 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment:
2		-	2023 Senate Bill 49 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	AN ACT to create 20.932 of the statutes; relating to: restricting state agencies and political subdivisions from regula-
5		-	tion of utility service based on the type or source of energy.
6		-	The people of the state of Wisconsin, represented in
7		-	senate and assembly, do enact as follows:
8		-	SECTION 1. 20.932 of the statutes is created to read:
9		-	20.932 Limitations on regulation of utility ser-
10		-	vices. (1) DEFINITIONS. In this section:
11		-	(a) “Electric cooperative” means a cooperative asso-
12		-	ciation organized under ch. 185 for the purpose of pro-
13		-	ducing or furnishing heat, light, power, or water to its
14		-	members only.
15		-	(b) “Greenhouse gas” has the meaning given in s.
16		-	285.78 (1) (c).
17		-	(c) “Political subdivision” means a city, village,
18		-	town, or county.
19		-	(d) “Public utility” has the meaning given in s. 196.01
20		-	(5).
21		-	(e) “Utility service” means any of the following:
22		-	1. Service, including electric, manufactured gas, liq-
23		-	uefied petroleum gas, natural gas, hydrogen, fuel oil, a
24		-	renewable source, or any other source, supplied by a pub-
25		-	lic utility or electric cooperative that is capable of provid-
26		-	ing and authorized to provide the service for the property
27		-	of an individual or entity.
28		-	2. Service to supply liquified petroleum gas for the
29		-	property of an individual or entity by a retailer, as defined
30		-	under s. 101.16 (1) (d).
31		-	(2) AUTHORITY TO RESTRICT SYSTEMS LIMITED. (a) No
32		-	state agency or political subdivision may do any of the
33		-	following:
34		-	1. Place any restriction, either directly or in effect, on
35		-	the connection or reconnection of a utility service based
36		-	upon the type or source of energy to be delivered to a con-
37		-	sumer.
38		-	2. Discriminate against a public utility, electric coop-
39		-	erative, or retailer, as defined under s. 101.16 (1) (d),
40		-	based in whole or in part on the nature or source of the
41		-	utility service provided for a consumer.
42		-	(b) This section does not affect the authority of a state
43		-	agency or a political subdivision to do any of the follow-
44		-	ing:
	1	+	LRB-1949/1
	2	+	SWB:cdc
	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 49
	5	+	February 14, 2023 - Introduced by Senators BRADLEY, FEYEN, NASS, STROEBEL,
	6	+	TESTIN, TOMCZYK, WANGGAARD and W IMBERGER, cosponsored by
	7	+	Representatives KNODL, STEFFEN, ARMSTRONG, BEHNKE, BRANDTJEN, DALLMAN,
	8	+	DITTRICH, DONOVAN, DUCHOW, GUNDRUM, KITCHENS, KURTZ, MACCO, MURPHY,
	9	+	MURSAU, RETTINGER, RODRIGUEZ, ROZAR, SNYDER, SORTWELL, SWEARINGEN,
	10	+	TITTL, TUSLER and ZIMMERMAN. Referred to Committee on Utilities and
	11	+	Technology.
	12	+	AN ACT to create 66.04045 of the statutes; relating to: restricting local
	13	+	regulation of utility service based on the type or source of energy.
	14	+	Analysis by the Legislative Reference Bureau
	15	+	This bill prohibits a city, village, town, or county from placing any restriction
	16	+	on the connection or reconnection of a utility service based on the type or source of
	17	+	energy to be provided. The bill also prohibits a city, village, town, or county from
	18	+	discriminating against a public utility or a liquified petroleum gas retailer, as
	19	+	defined in the bill, based in whole or in part on the nature or source of the service to
	20	+	be provided to a consumer within the political subdivision. The bill provides that it
	21	+	does not affect the authority of a city, village, town, or county to either 1) manage or
	22	+	operate a public utility; or 2) take steps designed to reduce greenhouse gas emissions
	23	+	from facilities and operations of the city, village, town, or county, including
	24	+	purchasing renewable energy.
	25	+	For further information see the local fiscal estimate, which will be printed as
	26	+	an appendix to this bill.
	27	+	The people of the state of Wisconsin, represented in senate and assembly, do
	28	+	enact as follows:
	29	+	SECTION 1. 66.04045 of the statutes is created to read:
	30	+	66.04045 Limitations on regulation of utility services. (1) DEFINITIONS.
	31	+	In this section:
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	36	+	5 - 2 -2023 - 2024 Legislature LRB-1949/1
	37	+	SWB:cdc
	38	+	SECTION 1 SENATE BILL 49
	39	+	(a) “Greenhouse gas” has the meaning given in s. 285.78 (1) (c).
	40	+	(b) “Political subdivision” means a city, village, town, or county.
	41	+	(c) “Public utility” has the meaning given in s. 196.01 (5).
	42	+	(d) “Utility service” means any of the following:
	43	+	1. Service, including electric, manufactured gas, liquefied petroleum gas,
	44	+	natural gas, hydrogen, fuel oil, a renewable source, or any other source, supplied by
	45	+	a public utility that is capable of providing and authorized to provide the service for
	46	+	the property of an individual or entity.
	47	+	2. Service to supply liquified petroleum gas for the property of an individual
	48	+	or entity by a retailer, as defined under s. 101.16 (1) (d).
	49	+	(2) AUTHORITY TO RESTRICT SYSTEMS LIMITED. (a) No political subdivision may
	50	+	do any of the following:
	51	+	1. Place any restriction, either directly or in effect, on the connection or
	52	+	reconnection of a utility service based upon the type or source of energy to be
	53	+	delivered to an individual consumer within the political subdivision.
	54	+	2. Discriminate against a public utility or a retailer, as defined under s. 101.16
	55	+	(1) (d), based in whole or in part on the nature or source of the utility service provided
	56	+	for an individual consumer within the political subdivision.
	57	+	(b) This section does not affect the authority of a political subdivision to do any
	58	+	of the following:
45	59		1. Manage or operate a public utility.
46		-	2. Take steps designed to reduce greenhouse gas
47		-	emissions from facilities and operations of the state
48		-	agency or political subdivision, including purchasing
49		-	renewable energy.
50		-	(c) Nothing in this section shall affect the approval
51		-	requirements established under s. 196.58 (6).
52		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
53		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
	60	+	2. Take steps designed to reduce greenhouse gas emissions from facilities and
	61	+	operations of the political subdivision, including purchasing renewable energy.
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	84	+	23 - 3 -2023 - 2024 Legislature
	85	+	LRB-1949/1
	86	+	SWB:cdc
	87	+	SECTION 1
	88	+	SENATE BILL 49
	89	+	(c) Nothing in this section shall affect the approval requirements established
	90	+	under s. 196.58 (6).
	91	+	(END)
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