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Please see http://docs.legis.wisconsin.gov for the production version.
December 3, 2021 - Offered by Senator Cowles.
SB573-SSA1,1,4 1An Act to create 16.9565, 66.0440, 196.01 (5) (b) 8. and 196.025 (8) of the
2statutes; relating to: allowing persons to charge fees for the use of electric
3vehicle charging facilities and the installation and operation of electric vehicle
4charging facilities by a state agency or a political subdivision.
Analysis by the Legislative Reference Bureau
This bill allows a person to charge a fee to users who park an electric vehicle
near the person's charging facility. Under the bill, the fee charged for parking near
the charging facility must be a flat fee or be based on the amount of time the user is
parked near or connected to the facility, on the amount of electricity used, or on the
cost or rate charged to the person by the person's electric provider. The bill also
prohibits electric utilities and electric cooperatives from restricting customers from
charging a fee to users who park near or connect to the customers' charging facilities.
Additionally, the bill specifies that a person who owns, operates, manages, leases, or
controls a charging facility is not a public utility if the person does not otherwise
provide electricity to others for a fee.
The bill also prohibits a political subdivision that does not operate an electric
utility from owning, operating, managing, leasing, or controlling a charging facility,
but a political subdivision may authorize another person to own and operate a
charging facility available to the public on its property. Under the bill, a municipal

electric utility may own or operate a charging facility if no tax revenue subsidizes the
charging facility and if no revenue generated by the charging facility is transferred
to the general fund of the municipality that owns the municipal electric utility. The
bill also prohibits state agencies from owning, operating, managing, leasing, or
controlling charging facilities, but state agencies may own or operate charging
facilities that are used only for charging state agency vehicles.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB573-SSA1,1 1Section 1. 16.9565 of the statutes is created to read:
SB573-SSA1,2,2 216.9565 Electric vehicle charging facilities. (1) In this section:
SB573-SSA1,2,43 (a) “Charging facility” means electric vehicle charging equipment, including
4Level 1, Level 2, and fast charging equipment and analogous successor technologies.
SB573-SSA1,2,75 (b) “State agency” means an association, authority, board, department,
6commission, independent agency, institution, office, society, or other body in state
7government created or authorized to be created by the constitution or any law.
SB573-SSA1,2,9 8(2) No state agency may own, operate, manage, lease, or control a charging
9facility.
SB573-SSA1,2,12 10(3) Notwithstanding sub. (2), a state agency may own or operate a charging
11facility that is not available to the public if the sole purpose of the charging facility
12is charging vehicles owned or leased by a state agency.
SB573-SSA1,2 13Section 2. 66.0440 of the statutes is created to read:
SB573-SSA1,2,14 1466.0440 Electric vehicle charging facilities. (1) In this section:
SB573-SSA1,2,1615 (a) “Charging facility” means electric vehicle charging equipment, including
16Level 1, Level 2, and fast charging equipment and analogous successor technologies.
SB573-SSA1,2,1717 (b) “Municipal utility” has the meaning given in s. 16.957 (1) (q).
SB573-SSA1,2,1818 (c) “Political subdivision” means a city, village, town, or county.
SB573-SSA1,3,2
1(2) No political subdivision may own, operate, manage, lease, or control a
2charging facility.
SB573-SSA1,3,6 3(3) Notwithstanding sub. (2) and subject to sub. (5), a political subdivision may
4authorize an electric provider, as defined in s. 16.957 (1) (f), or a person described in
5s. 196.01 (5) (b) 8. to own and operate a charging facility that is available to the public
6on property owned by the political subdivision.
SB573-SSA1,3,9 7(4) Notwithstanding sub. (2), a political subdivision may own or operate a
8charging facility that is not available to the public if the sole purpose of the charging
9facility is charging vehicles owned or leased by a political subdivision.
SB573-SSA1,3,12 10(5) Notwithstanding sub. (2), a municipal utility existing on the effective date
11of this subsection .... [LRB inserts date], may own and operate a charging facility that
12is available to the public if all of the following apply:
SB573-SSA1,3,1413 (a) The charging facility receives any approvals from the public service
14commission required under ch. 196.
SB573-SSA1,3,1915 (b) No tax revenue subsidizes, directly or indirectly, any costs associated with
16the charging facility. This paragraph does not prohibit a municipal utility from using
17grant money from this state or the federal government to pay costs associated with
18constructing a charging facility if the purpose of the grant is to expand the
19availability of electric vehicle charging infrastructure.
SB573-SSA1,3,2320 (c) Notwithstanding s. 66.0811 (2), no revenue generated by the charging
21facility is transferred to the general fund of the municipality that owns the municipal
22utility or otherwise directly or indirectly supplements any portion of the
23municipality's budget.
SB573-SSA1,3 24Section 3. 196.01 (5) (b) 8. of the statutes is created to read:
SB573-SSA1,4,4
1196.01 (5) (b) 8. A person who owns, operates, manages, leases, or controls a
2charging facility, as defined in s. 196.025 (8) (a) 1., that supplies electricity to a user
3of the charging facility exclusively for charging electric vehicles if all of the following
4apply:
SB573-SSA1,4,95 a. If the person charges a fee for parking near the charging facility, the fee is
6a flat fee, is based on the amount of time a user parks near or is connected to the
7charging facility, is based on the cost or rate charged to the person by the person's
8electric provider, as defined in s. 16.957 (1) (f), or is based on the amount of electricity
9the user consumes.
SB573-SSA1,4,1110 b. The person notifies the person's electric provider, as defined in s. 16.957 (1)
11(f), about the charging facility.
SB573-SSA1,4,1312 c. The person does not otherwise directly or indirectly provide electricity to the
13public for a fee.
SB573-SSA1,4 14Section 4. 196.025 (8) of the statutes is created to read:
SB573-SSA1,4,1515 196.025 (8) Electric vehicle charging facilities. (a) In this subsection:
SB573-SSA1,4,1716 1. “Charging facility” means electric vehicle charging equipment, including
17Level 1, Level 2, and fast charging equipment and analogous successor technologies.
SB573-SSA1,4,1818 2. “Electric provider” has the meaning given in s. 16.957 (1) (f).
SB573-SSA1,4,2119 (b) 1. The commission shall prohibit an electric provider from restricting a
20customer from charging a fee to users who park near or connect to the customer's
21charging facility if all of the following apply:
SB573-SSA1,4,2522 a. The fee charged is a flat fee, is based on the amount of time a user parks near
23or is connected to the charging facility, is based on the cost or rate charged to the
24customer by the customer's electric provider, or is based on the amount of electricity
25the user consumes.
SB573-SSA1,5,3
1b. All of the electricity that a user receives by connecting to the customer's
2charging facility is obtained from the electric provider serving the area in which the
3charging facility is located.
SB573-SSA1,5,84 2. This paragraph does not apply to a charging facility that a customer
5purchases using a grant from an electric provider or that an electric provider
6partially or entirely owns. Incurring infrastructure or interconnection costs related
7to a charging facility does not confer any ownership of the charging facility to an
8electric provider.
SB573-SSA1,5 9Section 5. Nonstatutory provisions.
SB573-SSA1,5,1010 (1) Registration of certain electric vehicle charging facilities.
SB573-SSA1,5,1111 (a) In this subsection:
SB573-SSA1,5,12 121. “Charging facility” has the meaning given in s. 196.025 (8) (a) 1.
SB573-SSA1,5,13 132. “Political subdivision” has the meaning given in s. 66.0440 (1) (c).
SB573-SSA1,5,1714 (b) A political subdivision that owns or operates a charging facility installed
15before the effective date of this paragraph shall register with and provide proof of
16installation or ownership to the public service commission no later than the first day
17of the 7th month beginning after the effective date of this paragraph.
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