SECTION 1. PSC 185.11 (1) is amended to read:
(1) Chapter PSC 185 is part of the Wisconsin administrative code and constitutes a general order of the public service commission, the issuance of which is authorized by ss. 227.11 (2), 281.346 (8), 196.02, 196.06, 196.12, 196.15, 196.16, 196.19, and 196.37, Stats. SECTION 2. PSC 185.11 (2) is repealed.
SECTION 3. PSC 185.11 (3) is amended to read:
(3) The requirements of ch. PSC 185 shall be observed by all water public utilities, both privately and publicly owned, engaged in the pumping, purchasing, transmission, or distribution of water except that an exemption may be given by the public service commission. SECTION 4. PSC 185.11 (4) is amended to read:
(4) Nothing in this chapter shall preclude the commission from giving special and individual consideration being given to exceptional or unusual situations and, upon due investigation of the facts and circumstances involved, the adoption of adopting requirements as to individual utilities or services which shall may be lesser, greater, other, or different than those provided in this chapter.
SECTION 5. PSC 185.11 (5) is amended to read:
(5) The manner of enforcing this chapter is prescribed in s. 196.66, Stats., and such other means as provided in statutory sections administered by the public service commission. SECTION 6. PSC 185.11 (6) is amended to read:
(6) In case of emergency, where public interest requires immediate action without waiting for compliance with the specific terms of this chapter, immediate corrective action shall be taken by the utility, which action, however, shall be subject to review by the public service commission.
SECTION 7. PSC 185.11 (7) is created to read:
(7) Nothing in this chapter shall prevent the imposition of sanctions, fines, forfeitures, penalties or damages under more than one section of this chapter or ch. 196, Stats., or other statutes, for the same incidence or occurrence. SECTION 8. PSC 185.12 (1) is amended to read:
(1) "Ability to pay" means a customer's financial capacity to meet the customer's utility service obligation;.
SECTION 9. PSC 185.12 (2) is repealed.
SECTION 10. PSC 185.12 (3) is renumbered PSC 185.12(2) and amended to read:
(2) “Automatic meter reading" (AMR) system” means a system which provides digitally encoded information from an encoded meter register. The encoded information is transferred to the utility by means of remote receptacles, telephone lines, cable TV lines, power lines, or cellular or radio transmission;.
SECTION 11. PSC 185.12 (3e) is renumbered PSC 185.12(3) and amended to read:
(3) "Class AB utility" means a public utility that has more than 4,000 service connections.
SECTION 12. PSC 185.12 (3m) is repealed.
SECTION 13. PSC 185.12 (3s) is repealed.
SECTION 14. PSC 185.12 (3u) and the Note following PSC 185.12(3u) are repealed.
SECTION 15. PSC 185.12 (4) is amended to read:
(4) "Commission" means public service commission of Wisconsin;.
SECTION 16. PSC 185.12 (5) is amended to read:
(5) "Complaint" means a statement or question by any person, whether a utility customer or not, concerning a wrong, grievance, injury, dissatisfaction, illegal action or procedure, dangerous condition or action committed or created by a utility, or failure of a utility to meet a utility obligation;.
SECTION 17. PSC 185.12 (6) is amended to read:
(6) "Customer" means any person, owner, occupant, firm, partnership, corporation, municipality, cooperative organization, governmental agency, political entity, etc., provided with water service by any water public utility and is the party billed for payment of bills issued for use of utility service at a given premises. This definition is intended to create billing and payment responsibilities, but does not limit the need to afford occupants other protection under this chapter (e.g., evictions, emergency);.
SECTION 18. PSC 185.12 (7) is amended to read:
(7) "Customer-requested termination" is cessation of service at the request of the customer;.
SECTION 19. PSC 185.12 (8) is amended to read:
(8) "Deferred payment agreement" means an arrangement between a utility and a customer for payment of a delinquent amount or deposit in installments; that meets the requirements of s. PSC 185.38. SECTION 20. PSC 185.12 (9) is amended to read:
(9) "Denied or refused service" means service that a utility has refused to provide to a present or future customer, occupant, or premises;.
SECTION 21. PSC 185.12 (10) is amended to read:
(10) "Disconnection" means an event or action taken by the utility to terminate or discontinue the provision of service, but does not include a customer-requested termination of service;.
SECTION 22. PSC 185.12 (10e) is repealed.
SECTION 23. PSC 185.12 (10g) is created to read:
(10g) “Dwelling” means a place at which a home or regular abode is maintained, and requires both a personal presence and an intent to remain for a period of time.
SECTION 24. PSC 185.12 (10m) is renumbered PSC 185.12(10r).
SECTION 25. PSC 185.12 (10s) is repealed.
SECTION 26. PSC 185.12 (11) is amended to read:
(11) "Meter" means an instrument installed to measure the volume and/or rate of flow of water delivered through it;.
SECTION 27. PSC 185.12 (11m) and the Note following PSC 185.12(11m) are repealed.
SECTION 28. PSC 185.12 (12) is amended to read:
(12) "New residential customer," for purpose of deposit, means a customer who has not received utility service in his or her name during the previous 6 months from the utility from which service is requested;.
SECTION 29. PSC 185.12 (12m) is amended to read:
(12) "Non-residential Nonresidential customer" means any commercial, industrial, or public authority customer that is not a residential customer.
SECTION 30. PSC 185.12 (13) is amended to read:
(13) "Occupant" means the resident or residents of a premise or premises to which utility service is provided;.
SECTION 31. PSC 185.12 (14) is amended to read:
(14) "Percent registration" means the ratio of the meter registration divided by the actual volume or rate of flow, stated in percent. Stated more simply for domestic (volumetric) meters, this is the percent of the water delivered through a meter which the meter actually registers;.
SECTION 32. PSC 185.12 (15) is repealed.
SECTION 33. PSC 185.12 (16) is renumbered PSC 185.12 (15) and amended to read:
(15) "Prompt full payment" means payment of the amount due prior to the time when a utility could issue a notice of disconnection for nonpayment of an amount not in dispute, including the current utility service charges plus any deferred payment agreement installment or deposit installment amounts due;.
SECTION 34. PSC 185.12 (17) is renumbered PSC 185.12 (16) and amended to read:
(16) "Protective service services emergency" means a threat to the health or safety of a resident because of the infirmities of aging, mental retardation an intellectual disability, other developmental or mental disabilities, or like infirmities incurred at any age, or the frailties associated with being very young;.
SECTION 35. PSC 185.12 (17m) is repealed.
SECTION 36. PSC 185.12 (18) and the Note following PSC 185.12(18) are repealed.
SECTION 37. PSC 185.12 (19) is renumbered PSC 185.12(20) and amended to read:
(20) "Public utility Utility" means an entity or individual included a public utility as defined in s. 196.01 (5), Stats., which provides water for the public and an entity authorized by s. 66.0819, Stats., which provides water and sewer service for the public;. SECTION 38. PSC 185.12 (20) is renumbered PSC 185.12 (17) and amended to read:
(17) "Remote outside meter" or “(ROM)” means an analog device attached to a building structure which displays the reading of the base meter through electronic pulses sent from the base meter. Remote outside meters are considered part of the utility's metering configuration.
SECTION 39. PSC 185.12 (20g) is renumbered PSC 185.12 (18) and amended to read:
(18) "Residential customer" means a customer taking service for residential or domestic purposes but does not include a multi-family residential customer and includes customers at properties such as duplexes and residential apartment buildings.
SECTION 40. PSC 185.12 (20r) is renumbered PSC 185.12 (19).
SECTION 41. PSC 185.12 (22) is amended to read:
(22) "Water conservation" means practices, techniques, and technologies that reduce the demand for water, reduce water loss non-revenue water or waste, or improve water use efficiency.
SECTION 42. The Note following PSC 185.12 (22) is repealed.
SECTION 43. PSC 185.12 (23) is created to read:
(23) "Written" or "in writing" means legibly printed on paper or, with the intended recipient's permission, legibly printed in an electronic form that the recipient can electronically store and retrieve for future reference.
SECTION 44. PSC 185.14 is created to read:
PSC 185.14 Whistleblower protection. (1) No utility may interfere with, restrain, or coerce any employee or other person in the exercise of the right to disclose information to the commission or other governmental body regarding the safety and reliability of any portion of the water or regulated sewer system, provided that the employee or other person reasonably believes that such information is true.
(2) No utility may dismiss, discipline, demote, transfer, reprimand, harass, reduce the pay of, discriminate against, or otherwise retaliate against any employee or other person because that person engaged in any of the activities described in sub. (1).
SECTION 45. PSC 185.15 is amended to read:
PSC 185.15 Free or discriminatory service prohibited. No A utility shall not provide water service free or at a rate different than provided for in its rates. (See ss. 196.22 and 196.60, Stats.) This section applies to, but is not limited to, water service for all nonutility municipal purposes such as street and sewer flushing, and service to nonutility public buildings. SECTION 46. PSC 185.16 (1) is amended to read:
(1) A water public utility upon receipt of written notice as required by s. 66.0831, Stats., from the property owner or from a contractor of work which may affect its facilities used for serving the public: SECTION 47. PSC 185.16 (1) (c) is amended to read:
(c) May, in order to protect its interests, require that the property owner or contractor perform certain work upon or removal of that part of the service piping from the property facilities upon which the excavating, building, or wrecking operations are being performed.
SECTION 48. PSC 185.16 (2) is amended to read:
(2) This section is not intended to affect the responsibility of the contractor or property owner, or the liability or legal rights of any party.
SECTION 49. PSC 185.17 is repealed.
SECTION 50. PSC 185.18 is amended to read:
PSC 185.18 Location of records. All A utility shall keep all records required or necessary for the administration of this chapter shall be kept within this state unless otherwise authorized by the commission. These records shall be available for examination by the commission or its authorized representative at all reasonable hours. (See s. 196.06 (6), Stats.) A utility may fulfill the requirements of this section by being able to access electronic copies of the original records. SECTION 51. PSC 185.21 (1) is amended to read:
