SWB:cdc
2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 45
May 15, 2023 - Offered by Representative Steffen.
AB45-ASA1,1,3
1An Act to create 20.932 of the statutes;
relating to: restricting state agencies
2and political subdivisions from regulation of utility service based on the type
3or source of energy.
Analysis by the Legislative Reference Bureau
This bill prohibits a state agency, city, village, town, or county from placing any
restriction 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 state agency, city, village,
town, or county from discriminating against a public utility, an electric cooperative,
or a liquified petroleum gas retailer, as defined in the bill, based in whole or in part
on the nature or source of the service to be provided to a consumer. The bill provides
that it does not affect the authority of a state agency, city, village, town, or county to
either 1) manage or operate a public utility; or 2) take steps designed to reduce
greenhouse gas emissions from facilities and operations of the state agency, city,
village, town, or county, including purchasing renewable energy.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB45-ASA1,1
4Section
1. 20.932 of the statutes is created to read:
AB45-ASA1,2,2
120.932 Limitations on regulation of utility services. (1) Definitions. In
2this section:
AB45-ASA1,2,53
(a) “Electric cooperative” means a cooperative association organized under ch.
4185 for the purpose of producing or furnishing heat, light, power, or water to its
5members only.
AB45-ASA1,2,66
(b) “Greenhouse gas” has the meaning given in s. 285.78 (1) (c).
AB45-ASA1,2,77
(c) “Political subdivision” means a city, village, town, or county.
AB45-ASA1,2,88
(d) “Public utility” has the meaning given in s. 196.01 (5).
AB45-ASA1,2,99
(e) “Utility service” means any of the following:
AB45-ASA1,2,1310
1. Service, including electric, manufactured gas, liquefied petroleum gas,
11natural gas, hydrogen, fuel oil, a renewable source, or any other source, supplied by
12a public utility or electric cooperative that is capable of providing and authorized to
13provide the service for the property of an individual or entity.
AB45-ASA1,2,1514
2. Service to supply liquified petroleum gas for the property of an individual
15or entity by a retailer, as defined under s. 101.16 (1) (d).
AB45-ASA1,2,17
16(2) Authority to restrict systems limited. (a) No state agency or political
17subdivision may do any of the following:
AB45-ASA1,2,2018
1. Place any restriction, either directly or in effect, on the connection or
19reconnection of a utility service based upon the type or source of energy to be
20delivered to a consumer.
AB45-ASA1,2,2321
2. Discriminate against a public utility, electric cooperative, or retailer, as
22defined under s. 101.16 (1) (d), based in whole or in part on the nature or source of
23the utility service provided for a consumer.
AB45-ASA1,2,2524
(b) This section does not affect the authority of a state agency or a political
25subdivision to do any of the following:
AB45-ASA1,3,1
11. Manage or operate a public utility.
AB45-ASA1,3,42
2. Take steps designed to reduce greenhouse gas emissions from facilities and
3operations of the state agency or political subdivision, including purchasing
4renewable energy.
AB45-ASA1,3,65
(c) Nothing in this section shall affect the approval requirements established
6under s. 196.58 (6).
