Amendment SSA1-SB316

EHS:kjf&amn

2021 - 2022 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 316

May 21, 2021 - Offered by Senator Cowles.

SB316-SSA1,1,5 An Act to renumber 196.49 (5r) (a); to amend 196.372 (3) (c) and 196.372 (3) (d); and to create 196.372 (3) (am) and 196.49 (5r) (c) of the statutes; relating to: deadlines for certain Public Service Commission actions after a water public utility application for certificate of authority or approval of lead service line financial assistance is filed.

Analysis by the Legislative Reference Bureau

This bill provides deadlines for certain Public Service Commission actions after a water public utility or a combined water and sewer public utility submits an application for a certificate of authority and after a water public utility submits an application for approval of lead service line financial assistance.

Current law generally requires public utilities to obtain a certificate of authority from PSC before engaging in certain construction, installation, or improvement projects. Also under current law, a water public utility seeking to provide financial assistance to the owner of a property to which water utility service is provided for the purpose of assisting the owner in replacing customer-side water service lines containing lead (LSL assistance) must apply to PSC for approval. Under this bill, no later than 45 days after a water public utility or a combined water and sewer public utility files an application for a certificate of authority or after a water public utility submits an application for approval of LSL assistance and no later than 30 days after such an application is refiled, PSC must determine whether the application is complete and notify the applicant in writing about that determination. If PSC determines an application is incomplete, the notice must identify all parts of the application PSC has determined to be incomplete and state the reasons for the determination. In that case, the applicant may supplement and refile the application an unlimited number of times. If PSC fails to determine whether an application is complete within the 45-day or 30-day time limit, whichever applies, the bill provides that the application is considered complete. Under the bill, PSC must take final action on an application within 180 days after the application is determined to be complete if a hearing is held or, if no hearing is held, within 90 days after the application is determined to be complete.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB316-SSA1,1 Section 1. 196.372 (3) (am) of the statutes is created to read:

SB316-SSA1,2,13 196.372 (3) (am) The commission shall determine whether the application under par. (a) is complete and, no later than 45 days after the application is submitted the first time and no later than 30 days after the application is refiled a 2nd or subsequent time, notify the applicant in writing about the determination. If the commission determines that the application is incomplete, the notice shall identify all parts of the application the commission has determined to be incomplete and state the reasons for the determination. An applicant may supplement and refile an application that the commission has determined to be incomplete. There is no limit on the number of times that an applicant may refile an application under this paragraph. If the commission fails to determine whether an application is complete within 45 days after the application is filed or 30 days after the application is refiled, the application shall be considered to be complete.

SB316-SSA1,2 Section 2. 196.372 (3) (c) of the statutes is amended to read:

SB316-SSA1,3,7 196.372 (3) (c) If a hearing is held on an application, the commission shall take final action on the application within 180 days after the commission issues a notice of hearing on the application is determined to be complete. The chairperson of the commission may extend the time period for an additional 180 days for good cause. If the commission fails to take final action within the initial 180-day period, or the extended 180-day time period, the commission is considered to have granted its approval.

SB316-SSA1,3 Section 3. 196.372 (3) (d) of the statutes is amended to read:

SB316-SSA1,3,15 196.372 (3) (d) If a hearing is not held on an application, the commission shall take final action on the application within 90 days after the commission issues a notice opening a docket on the application is determined to be complete. The chairperson of the commission may extend the time period for an additional 90 days for good cause. If the commission fails to take final action within the initial 90-day period, or the extended 90-day time period, the commission is considered to have granted its approval.

SB316-SSA1,4 Section 4. 196.49 (5r) (a) of the statutes is renumbered 196.49 (5r) (am).

SB316-SSA1,5 Section 5. 196.49 (5r) (c) of the statutes is created to read:

SB316-SSA1,4,6 196.49 (5r) (c) 1. With respect to an application for a certificate or approval for construction required under this section and filed by a water public utility or a combined water and sewer public utility, the commission shall determine whether the application is complete and, no later than 45 days after the application is filed the first time and no later than 30 days after the application is refiled a 2nd or subsequent time, notify the applicant in writing about the determination. If the commission determines that the application is incomplete, the notice shall identify all parts of the application the commission has determined to be incomplete and state the reasons for the determination. An applicant may supplement and refile an application that the commission has determined to be incomplete. There is no limit on the number of times that an applicant may refile an application under this paragraph. If the commission fails to determine whether an application is complete within 45 days after the application is filed or 30 days after the application is refiled, the application shall be considered to be complete.

SB316-SSA1,4,13 2. If a hearing is held on an application under subd. 1., the commission shall take final action on the application within 180 days after the application is determined to be complete. The chairperson of the commission may extend the time period for an additional 180 days for good cause. If the commission fails to take final action within the initial 180-day period, or the extended 180-day time period, the commission is considered to have issued the certificate or approval for construction with respect to the application.

SB316-SSA1,4,20 3. If a hearing is not held on an application under subd. 1., the commission shall take final action on the application within 90 days after the application is determined to be complete. The chairperson of the commission may extend the time period for an additional 90 days for good cause. If the commission fails to take final action within the initial 90-day period, or the extended 90-day time period, the commission is considered to have issued the certificate or approval for construction with respect to the application.

SB316-SSA1,4,21 (End)