2017 - 2018 LEGISLATURE
December 21, 2017 - Introduced by Representatives Sanfelippo, Kuglitsch,
Brandtjen, Knodl, Kooyenga, Hutton, Ott, Skowronski, Tauchen,
Weatherston and Wichgers, cosponsored by Senators Craig, Darling,
Wanggaard and Vukmir. Referred to Committee on Energy and Utilities.
1An Act to repeal
200.55 (1) (g);
200.59 (5) (a); and to create
(4) of the statutes; relating to: the charges, rules, and practices of the
3Milwaukee Metropolitan Sewerage District.
Analysis by the Legislative Reference Bureau
This bill provides that, when the Public Service Commission investigates a
complaint regarding Milwaukee Metropolitan Sewerage District charges, rules, or
practices, the PSC must make its determination without deference to MMSD. The
bill also removes the presumption that, when the PSC reviews certain charges
established by MMSD, the user and service charges established by MMSD are
reasonable. Current law requires that user and service charges established by
MMSD are presumed reasonable in a review of those charges by the PSC.
This bill also prohibits MMSD from disconnecting sewerage service with a city,
village, town, sanitary district, or metropolitan sewerage district that contracts for
service with MMSD unless that disconnection is approved by the PSC.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
200.37 (4) of the statutes is created to read:
200.37 (4) Disconnection.
The commission may not disconnect any connection 6
with or use of the sewerage system by a city, village, town, sanitary district, or
metropolitan sewerage district that contracts with the commission for service under 2
s. 200.39 (1) unless the disconnection is approved by the public service commission.
200.55 (1) (g) of the statutes is repealed.
200.59 (5) (a) of the statutes is amended to read:
(a) Except as provided under s. 200.41 (2), upon complaint to the 6
public service commission by any user that charges, rules and practices under this 7
section are unreasonable or unjustly discriminatory, according to the standards and 8
criteria which the commission is required to follow under state or federal law, 9
including, without limitation because of enumeration, this section, 33 USC 1251
seq. and ch. 283, or upon complaint of a holder of a revenue bond or other evidence 11
of debt, secured by a mortgage on the sewerage system or any part thereof or pledge 12
of the income of sewerage service charges, that charges are inadequate, the public 13
service commission shall investigate the complaint. If sufficient cause therefor 14
appears, the public service commission shall set the matter for a public hearing upon 15
10 days' notice to the complainant and the commission. After the hearing, if the 16
public service commission determines that the charges, rules or practices 17
complained of are unreasonable or unjustly discriminatory, it shall determine and 18
by order fix reasonable charges, rules and practices and shall make such other order 19
respecting such complaint as may be just and reasonable. The proceedings under 20
this subsection shall be governed, as far as applicable, by ss. 196.26 to 196.40. The 21
commission may submit the factual data, reports and analyses considered by it in 22
establishing the charges, rules or practices subject to a complaint under this 23
subsection. The public service commission shall give due weight to such data, reports 24
and analyses. The public service commission shall make the determination without
25deference to the commission.
Judicial review of the determination of the public
service commission may be had by any person aggrieved in the manner prescribed 2
under ch. 227. If any user pays a charge and the public service commission or court, 3
on appeal from the public service commission, finds such charge, after reviewing a 4
complaint filed under this subsection, to be excessive, the district shall refund to the 5
user the excess plus the interest thereon computed at the rate then paid by the 6
district for borrowing funds for a term of one year or less.