2021 Senate BILL 488

August 5, 2021 - Introduced by Senators Cowles and Darling, cosponsored by Representatives Spiros, Murphy, Rozar, Tusler and VanderMeer. Referred to Committee on Utilities, Technology and Telecommunications.

SB488,1,7 An Act to repeal 281.348 (3) (b) 4. and 281.348 (3) (d) 4.; to amend 281.348 (3) (a) 2., 281.348 (3) (b) 1., 281.348 (3) (b) 2., 281.348 (3) (b) 2m., 281.348 (3) (c) 1., 281.348 (3) (c) 4., 281.348 (3) (c) 7., 281.348 (3) (c) 8., 281.348 (3) (cm), 281.348 (3) (cr), 281.348 (3) (d) (intro.), 281.348 (3) (d) 3., 281.348 (3) (e), 281.348 (4) (intro.) and 281.41 (1) (c); and to create 281.348 (3) (a) 3., 281.348 (3) (a) 4., 281.348 (3) (b) 2e. and 281.348 (5) of the statutes; relating to: water supply service area plans for public water systems.

Analysis by the Legislative Reference Bureau

This bill makes numerous changes to requirements for water supply service area plans for public water supply systems.

Under current law, a person operating a public water supply system that serves a population of 10,000 or more must have a plan, approved by the Department of Natural Resources, that shows the proposed water supply service areas. The plan must include other specified information, including identification of options for supplying water that are cost-effective based upon a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives. Under the bill, the approval of plans by DNR and the cost-effectiveness analysis are required only for plans that involve withdrawals or diversions of water from the Great Lakes basin that must be approved by DNR.

Current law requires a plan to include identification of procedures for implementing and enforcing the plan and a commitment to using those procedures. The bill eliminates this requirement and requires a plan to identify procedures for implementing and updating the plan.

Under current law, if the area covered by a plan is within an area for which an areawide water quality planning agency has been designated, the agency is responsible for designating the proposed water supply service areas in the plan. The bill eliminates this responsibility but retains current law authority for the agency to provide regional water needs assessments and other regional water supply planning information.

Under current law, DNR may not approve a plan unless the plan meets several criteria, one of which is that the plan is consistent with any applicable approved areawide water quality management plans. The bill eliminates this criterion.

Finally, the bill provides that a plan does not create, establish, or evidence an obligation for any water utility to provide service to the service area delineated or covered in the plan. The bill also prohibits the Public Service Commission from requiring a water utility to extend or provide service to an area on the basis of the provisions of a plan.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB488,1 Section 1. 281.348 (3) (a) 2. of the statutes is amended to read:

SB488,2,5 281.348 (3) (a) 2. A person operating a public water supply system that serves a population of 10,000 or more and that withdraws water from the waters of the state shall have an approved prepare a plan under this section no later than December 31, 2025.

SB488,2 Section 2. 281.348 (3) (a) 3. of the statutes is created to read:

SB488,2,10 281.348 (3) (a) 3. A person operating a public water supply system shall obtain department approval of a water supply service area plan that provides for a new or increased diversion that requires approval under s. 281.346 (4) or a new or increased withdrawal that requires approval under s. 281.346 (4s) or (5).

SB488,3 Section 3. 281.348 (3) (a) 4. of the statutes is created to read:

SB488,3,3 281.348 (3) (a) 4. Except as provided in subd. 3., a person operating a public water supply system is not required to obtain department approval of a water supply service area plan.

SB488,4 Section 4. 281.348 (3) (b) 1. of the statutes is amended to read:

SB488,3,8 281.348 (3) (b) 1. Public review and comment on a proposed plan. For a plan submitted prepared after the compact's effective date covering a public water supply system that withdraws water from the Great Lakes basin, the procedures and requirements under this subdivision shall be consistent with s. 281.343 (6) (b).

SB488,5 Section 5. 281.348 (3) (b) 2. of the statutes is amended to read:

SB488,3,12 281.348 (3) (b) 2. Approval Submission of a the plan by to the governing body of each city, village, and town whose public water supply is addressed by the plan before the plan is submitted to the department.

SB488,6 Section 6. 281.348 (3) (b) 2e. of the statutes is created to read: