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2021 - 2022 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO SENATE BILL 573

December 6, 2021 - Offered by Senator Cowles.

SB573-SSA2,1,4 An Act to create 16.9565, 66.0440, 196.01 (5) (b) 8. and 196.025 (8) of the statutes; relating to: allowing persons to charge fees for the use of electric vehicle charging facilities and the installation and operation of electric vehicle charging 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-SSA2,1 Section 1. 16.9565 of the statutes is created to read:

SB573-SSA2,2,2 16.9565 Electric vehicle charging facilities. (1) In this section:

SB573-SSA2,2,4 (a) “Charging facility” means electric vehicle charging equipment, including Level 1, Level 2, and fast charging equipment and analogous successor technologies.