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2021 - 2022 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 316
May 21, 2021 - Offered by Senator Cowles.
SB316-SSA1,1,5 1An Act to renumber 196.49 (5r) (a); to amend 196.372 (3) (c) and 196.372 (3)
2(d); and to create 196.372 (3) (am) and 196.49 (5r) (c) of the statutes; relating
3to:
deadlines for certain Public Service Commission actions after a water public
4utility application for certificate of authority or approval of lead service line
5financial 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 1Section 1. 196.372 (3) (am) of the statutes is created to read:
SB316-SSA1,2,132 196.372 (3) (am) The commission shall determine whether the application
3under par. (a) is complete and, no later than 45 days after the application is
4submitted the first time and no later than 30 days after the application is refiled a
52nd or subsequent time, notify the applicant in writing about the determination. If
6the commission determines that the application is incomplete, the notice shall
7identify all parts of the application the commission has determined to be incomplete
8and state the reasons for the determination. An applicant may supplement and refile
9an application that the commission has determined to be incomplete. There is no
10limit on the number of times that an applicant may refile an application under this
11paragraph. If the commission fails to determine whether an application is complete
12within 45 days after the application is filed or 30 days after the application is refiled,
13the application shall be considered to be complete.
SB316-SSA1,2 14Section 2. 196.372 (3) (c) of the statutes is amended to read:
SB316-SSA1,3,7
1196.372 (3) (c) If a hearing is held on an application, the commission shall take
2final action on the application within 180 days after the commission issues a notice
3of hearing on
the application is determined to be complete. The chairperson of the
4commission may extend the time period for an additional 180 days for good cause.
5If the commission fails to take final action within the initial 180-day period, or the
6extended 180-day time period, the commission is considered to have granted its
7approval.
SB316-SSA1,3 8Section 3. 196.372 (3) (d) of the statutes is amended to read:
SB316-SSA1,3,159 196.372 (3) (d) If a hearing is not held on an application, the commission shall
10take final action on the application within 90 days after the commission issues a
11notice opening a docket on
the application is determined to be complete. The
12chairperson of the commission may extend the time period for an additional 90 days
13for good cause. If the commission fails to take final action within the initial 90-day
14period, or the extended 90-day time period, the commission is considered to have
15granted its approval.
SB316-SSA1,4 16Section 4. 196.49 (5r) (a) of the statutes is renumbered 196.49 (5r) (am).
SB316-SSA1,5 17Section 5. 196.49 (5r) (c) of the statutes is created to read:
SB316-SSA1,4,618 196.49 (5r) (c) 1. With respect to an application for a certificate or approval for
19construction required under this section and filed by a water public utility or a
20combined water and sewer public utility, the commission shall determine whether
21the application is complete and, no later than 45 days after the application is filed
22the first time and no later than 30 days after the application is refiled a 2nd or
23subsequent time, notify the applicant in writing about the determination. If the
24commission determines that the application is incomplete, the notice shall identify
25all parts of the application the commission has determined to be incomplete and state

1the reasons for the determination. An applicant may supplement and refile an
2application that the commission has determined to be incomplete. There is no limit
3on the number of times that an applicant may refile an application under this
4paragraph. If the commission fails to determine whether an application is complete
5within 45 days after the application is filed or 30 days after the application is refiled,
6the application shall be considered to be complete.
SB316-SSA1,4,137 2. If a hearing is held on an application under subd. 1., the commission shall
8take final action on the application within 180 days after the application is
9determined to be complete. The chairperson of the commission may extend the time
10period for an additional 180 days for good cause. If the commission fails to take final
11action within the initial 180-day period, or the extended 180-day time period, the
12commission is considered to have issued the certificate or approval for construction
13with respect to the application.
SB316-SSA1,4,2014 3. If a hearing is not held on an application under subd. 1., the commission shall
15take final action on the application within 90 days after the application is determined
16to be complete. The chairperson of the commission may extend the time period for
17an additional 90 days for good cause. If the commission fails to take final action
18within the initial 90-day period, or the extended 90-day time period, the commission
19is considered to have issued the certificate or approval for construction with respect
20to the application.
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