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LRB-2815/1
EHS:kjf&amn
2021 - 2022 LEGISLATURE
May 3, 2021 - Introduced by Representatives Thiesfeldt, Knodl, Brooks, Moses,
Sinicki and Skowronski, cosponsored by Senators Cowles, L. Taylor,
Ballweg and Marklein. Referred to Committee on Energy and Utilities.
AB300,1,4 1An Act to renumber 196.49 (5r) (a); and to create 196.372 (3) (am) and 196.49
2(5r) (ad) of the statutes; relating to: deadlines for certain Public Service
3Commission actions after a water public utility application for certificate of
4authority 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 any part 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. The
bill requires PSC to issue a notice opening a docket on an application as soon as
practicable but no later than 14 days after determining that the application is
complete.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB300,1 1Section 1. 196.372 (3) (am) of the statutes is created to read:
AB300,2,162 196.372 (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 any part 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. As soon as practicable after
14determining that an application is complete, and no later than 14 days after that
15determination, the commission shall issue a notice opening a docket on the
16application.
AB300,2 17Section 2. 196.49 (5r) (a) of the statutes is renumbered 196.49 (5r) (am).
AB300,3 18Section 3. 196.49 (5r) (ad) of the statutes is created to read:
AB300,3,17
1196.49 (5r) (ad) With respect to an application for a certificate or approval for
2construction required under this section and filed by a water public utility or a
3combined water and sewer public utility, the commission shall determine whether
4the application is complete and, no later than 45 days after the application is filed
5the first time and no later than 30 days after the application is refiled a 2nd or
6subsequent time, notify the applicant in writing about the determination. If the
7commission determines that the application is incomplete, the notice shall identify
8any part of the application the commission has determined to be incomplete and state
9the reasons for the determination. An applicant may supplement and refile an
10application that the commission has determined to be incomplete. There is no limit
11on the number of times that an applicant may refile an application under this
12paragraph. If the commission fails to determine whether an application is complete
13within 45 days after the application is filed or 30 days after the application is refiled,
14the application shall be considered to be complete. As soon as practicable after
15determining that an application is complete, and no later than 14 days after that
16determination, the commission shall issue a notice opening a docket on the
17application.
AB300,3,1818 (End)
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