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2021 - 2022 LEGISLATURE
September 30, 2021 - Introduced by Representatives VanderMeer, Neylon,
Armstrong, Born, Brandtjen, Doyle, Duchow, Edming, Gundrum, Knodl,
Kuglitsch, Loudenbeck, Moses, Mursau, Oldenburg, Petryk, Spiros,
Tauchen and Thiesfeldt, cosponsored by Senators Cowles, Roth, Kooyenga,
Bernier and Pfaff. Referred to Committee on Energy and Utilities.
AB588,1,5 1An Act to create 66.0440, 84.01 (38), 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 stations and the installation and operation of electric vehicle
4charging stations by the Department of Transportation or a political
5subdivision.
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 station. Under the bill, the fee charged for parking near
the charging station must be a flat fee or be based on the amount of time the user is
parked near or connected to the station or on the amount of electricity used. 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
stations. Additionally, the bill specifies that a person who owns, operates, manages,
leases, or controls a charging station 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 from owning, operating,
managing, leasing, or controlling a charging facility that is available to the public
unless authorized by the governing body of the political subdivision and prohibits the
Department of Transportation from authorizing the installation or operation of a
charging facility that is available to the public or located at a wayside unless the
department submits to the Joint Committee on Finance a request for authorization

to install or operate the charging facility and the Joint Committee on Finance
approves the request.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB588,1 1Section 1. 66.0440 of the statutes is created to read:
AB588,2,2 266.0440 Electric vehicle charging facilities. (1) In this section:
AB588,2,43 (a) “Charging facility” means electric vehicle charging equipment, including
4Level 1, Level 2, and fast charging equipment and analogous successor technologies.
AB588,2,55 (b) “Political subdivision” means a city, village, town, or county.
AB588,2,8 6(2) No political subdivision may own, operate, manage, lease, or control a
7charging facility that is available to the public unless authorized by the governing
8body of the political subdivision.
AB588,2 9Section 2. 84.01 (38) of the statutes is created to read:
AB588,2,1210 84.01 (38) Electric vehicle charging facilities. (a) In this subsection,
11“charging facility” means electric vehicle charging equipment, including Level 1,
12Level 2, and fast charging equipment and analogous successor technologies.
AB588,2,1713 (b) The department may not authorize the installation or operation of a
14charging facility that is available to the public or that is located at a wayside, as
15defined under s. 84.04 (1) (e), unless the department submits to the joint committee
16on finance a request for authorization to install or operate the charging facility and
17the joint committee on finance approves the request.
AB588,3 18Section 3. 196.01 (5) (b) 8. of the statutes is created to read:
AB588,3,219 196.01 (5) (b) 8. A person who owns, operates, manages, leases, or controls a
20charging facility, as defined in s. 196.025 (8) (a) 1., that supplies electricity to a user

1of the charging facility exclusively for charging electric vehicles if all of the following
2apply:
AB588,3,53 a. If the person charges a fee for parking near the charging facility, the fee is
4a flat fee, is based on the amount of time a user parks near or is connected to the
5charging facility, or is based on the amount of electricity the user consumes.
AB588,3,86 b. All of the electricity that a user receives by connecting to the person's
7charging facility is obtained from the electric provider, as defined in s. 16.957 (1) (f),
8serving the area in which the charging facility is located.
AB588,3,109 c. The person does not otherwise directly or indirectly provide electricity to the
10public for a fee.
AB588,4 11Section 4. 196.025 (8) of the statutes is created to read:
AB588,3,1212 196.025 (8) Electric vehicle charging facilities. (a) In this subsection:
AB588,3,1413 1. “Charging facility” means electric vehicle charging equipment, including
14Level 1, Level 2, and fast charging equipment and analogous successor technologies.
AB588,3,1515 2. “Electric provider” has the meaning given in s. 16.957 (1) (f).
AB588,3,1816 (b) 1. The commission shall prohibit an electric provider from restricting a
17customer from charging a fee to users who park near or connect to the customer's
18charging facility if all of the following apply:
AB588,3,2119 a. The fee charged is a flat fee, is based on the amount of time a user parks near
20or is connected to the charging facility, or is based on the amount of electricity the
21user consumes.
AB588,3,2422 b. All of the electricity that a user receives by connecting to the customer's
23charging facility is obtained from the electric provider serving the area in which the
24charging facility is located.
AB588,4,3
12. This paragraph does not apply to a charging facility that a customer
2purchases using a grant from an electric provider or that an electric provider
3partially or entirely owns.
AB588,4,44 (End)
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