Amendment SSA1-SB614

LRBs0654/3

KSH/MS/RT:kg/sg:jlb

1995 - 1996 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, To 1995 SENATE BILL 614

March 26, 1996 - Offered by Joint committee on Finance.

SB614-SSA1,2,19 An Act to repeal 66.898 (4) (c), 66.899 and 66.912 (5); to renumber 196.025; to amend 20.155 (1) (title), 20.155 (1) (g), 66.076 (1m), 66.076 (7), 66.076 (8), 66.886 (2) (a) 1., 66.888 (2) (b), 66.892 (2) (a), 66.892 (2) (d), 66.894 (1) (intro.), 66.898 (3), 66.90 (1), 66.904 (1), 66.91 (intro.), 66.91 (1) (g), 66.91 (5) (a), 66.91 (5) (b) 1., 66.91 (5) (b) 3. a., 66.91 (5) (b) 3. b., 66.91 (5) (c) 1., 66.91 (5) (c) 2., 66.91 (5) (d) 1., 66.91 (5) (e), 66.912 (2) (a), 66.912 (2) (b), 66.912 (2) (c), 66.912 (3), 144.241 (8) (g), 144.2415 (3) (e), 184.01 (2), 196.02 (1), 196.02 (2), 196.02 (4) (a), 196.02 (4) (c), 196.02 (5), 196.02 (6), 196.03 (1), 196.05, 196.06, 196.07, 196.09 (1), 196.09 (2), 196.09 (3), 196.09 (4), 196.09 (5), 196.09 (6) (a), 196.09 (6) (b), 196.09 (7) (intro.), 196.09 (7) (b), 196.09 (8), 196.10, 196.11 (1), 196.12 (title), 196.12 (1) (intro.), 196.13, 196.14, 196.15, 196.16 (1), 196.16 (2), 196.17 (1), 196.171 (1), 196.171 (2), 196.18, 196.19 (1), 196.19 (2), 196.19 (3), 196.19 (4), 196.19 (6), 196.20 (1), 196.20 (2) (a) 2., 196.20 (2) (b), 196.21, 196.22, 196.24 (1), 196.25 (1), 196.25 (2), 196.26 (1), 196.26 (1m), 196.26 (2) (a), 196.26 (2) (b), 196.28 (1), 196.28 (3), 196.30, 196.31 (1) (intro.), 196.31 (2), 196.37 (3), 196.39, 196.44 (1), 196.44 (2), 196.49 (2), 196.49 (3) (a), 196.49 (3) (b) (intro.), 196.49 (3) (b) 1., 196.49 (3) (b) 3., 196.49 (6), 196.525 (1) (intro.), 196.525 (2), 196.525 (3), 196.58 (1) (a), 196.58 (1) (b), 196.58 (4), 196.58 (5), 196.595 (title), 196.595 (1) (a) 1., 196.595 (1) (a) 1m., 196.595 (1) (a) 2., 196.595 (1) (a) 4., 196.595 (1) (b), 196.595 (2) (intro.), 196.60 (1), 196.60 (3), 196.604, 196.61, 196.635 (intro.), 196.635 (1), 196.64 (title), 196.64 (1), 196.643 (1), 196.65 (1) (intro.), 196.65 (1) (e), 196.65 (2), 196.66 (1), 196.66 (2), 196.66 (3) (a), 196.66 (3) (b) (intro.), 196.66 (3) (b) 1., 196.66 (3) (b) 3., 196.66 (4) (b), 196.68, 196.69, 196.70, 196.72 (title), 196.72 (1) (a), 196.72 (2), 196.78, 196.79 (1), 196.80 (3), 196.81 (1), 196.85 (1), 196.85 (2), 196.85 (3), 196.85 (4) (a) and 196.85 (5); to repeal and recreate 66.898 (4) (a), 66.898 (4) (b) and 196.44 (2); and to create 20.320 (1) (h), 66.89 (3), 66.891, 144.241 (6) (b) 9., 144.241 (13h), 184.03 (1m), 196.01 (6m), 196.02 (13), 196.025 (2), 196.49 (3) (e) and 196.80 (1s) of the statutes; relating to: regulation and supervision by the public service commission of a metropolitan sewerage district established by a lst class city, the sale or lease of metropolitan sewerage district assets under certain circumstances, authorizing the dissolution of a metropolitan sewerage district, distribution of excess reserves of a district, clean water fund program grants for certain municipalities, granting rule-making authority, making an appropriation and providing penalties.

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

SB614-SSA1, s. 1 Section 1. 20.155 (1) (title) of the statutes is amended to read:

SB614-SSA1,2,21 20.155 (1) (title) Regulation of public utilities and regulated districts.

SB614-SSA1, s. 2 Section 2. 20.155 (1) (g) of the statutes is amended to read:

SB614-SSA1,3,7 20.155 (1) (g) (title) Utility regulation Regulation of utilities and regulated districts. The amounts in the schedule for the regulation of utilities and regulated districts. Ninety percent of all moneys received by the commission under s. 184.10 (3), 196.85 or 196.855 shall be credited to this appropriation. Ninety percent of all receipts from the sale of miscellaneous printed reports and other copied material, the cost of which was originally paid under this paragraph, shall be credited to this appropriation.

SB614-SSA1, s. 3 Section 3. 20.320 (1) (h) of the statutes is created to read:

SB614-SSA1,3,11 20.320 (1) (h) Clean water fund special grants. All moneys received from transfers to the state treasury under ss. 66.89 (3) and 66.891 (3) for grants under s. 144.241 (13h).

SB614-SSA1, s. 4 Section 4. 66.076 (1m) of the statutes is amended to read:

SB614-SSA1,3,15 66.076 (1m) In this section, "municipality" means any town, village, city or metropolitan sewerage district created under ss. 66.20 to 66.26 or under ss. 66.88 to 66.918.

SB614-SSA1, s. 5 Section 5. 66.076 (7) of the statutes is amended to read:

SB614-SSA1,3,21 66.076 (7) Sewerage service charges shall be collected and taxed and shall be a lien upon the property served in the same manner as water rates are taxed and collected under s. 66.069 (1) or 66.071 (1) (e), so far as applicable , except that charges of a metropolitan sewerage district created under ss. 66.88 to 66.918 shall be assessed and collected as provided in s. 66.91 (5).

SB614-SSA1, s. 6 Section 6. 66.076 (8) of the statutes is amended to read:

SB614-SSA1,4,3 66.076 (8) The governing body of any municipality, and the officials in charge of the management of the sewerage system as well as other officers of the municipality, shall be governed in the discharge of their powers and duties under this section by s. 66.069 or 66.071 (1) (e), which are hereby made a part of this section so far as applicable and not inconsistent herewith or, in the case of a metropolitan sewerage district created under ss. 66.88 to 66.918, by ss. 66.91 and 66.912.

SB614-SSA1, s. 7 Section 7. 66.886 (2) (a) 1. of the statutes is amended to read:

SB614-SSA1,4,9 66.886 (2) (a) 1. No resolution adopted by the commission under s. 66.91 (1), (3) (c) or (6), 67.05 (1) or 67.12 (12), no proposed schedule of charges under s. 66.076, 66.898 (4), 66.899 or 66.91 (5) (b) 3., no decision to borrow against taxes under s. 67.12 (1) and no decision to borrow under s. 24.61 (3) (a) 7. is valid unless adopted by an affirmative vote of at least a two-thirds majority of all commissioners.

SB614-SSA1, s. 8 Section 8. 66.888 (2) (b) of the statutes is amended to read:

SB614-SSA1,4,12 66.888 (2) (b) The name of a district created under s. 66.882 (1) (b) is the Milwaukee metropolitan sewerage district Metropolitan Sewerage District.

SB614-SSA1, s. 9 Section 9. 66.89 (3) of the statutes is created to read:

SB614-SSA1,4,22 66.89 (3) Excess reserves refund. (a) Develop and, upon approval by the public service commission, implement a plan to make a refund to customers of the district who are residents of municipalities that have been paying service charges, based on the equalized value of the property in the municipality, for capital costs associated with the district's water pollution abatement program, since the inception of the service charges. The refund shall consist of that portion of current reserves that are being held by the district and that are in excess of prudent reserve requirements, as determined by the public service commission, less the amount transferred under par. (b).

SB614-SSA1,5,3 (b)  Ensure that the plan developed by the Milwaukee Metropolitan Sewerage District commission and approved by the public service commission under par. (a) shall provide that the first $30,000,000 of the excess reserves under par. (a) or all of the excess reserves under par. (a), whichever is less, shall be transferred by the district, upon the approval of the plan by the public service commission, to the state treasury to be credited to the appropriation account under s. 20.320 (1) (h).

SB614-SSA1, s. 10 Section 10. 66.891 of the statutes is created to read:

SB614-SSA1,5,7 66.891 Dissolution of the district; sale or lease of district assets and facilities. (1) General authority. The commission shall, subject to s. 196.80, lease or sell any or all of the district's assets and facilities if all of the following apply:

SB614-SSA1,5,11 (a) The public service commission determines that a lease or sale will be in the best interests of the district's ratepayers. In considering whether a lease or sale will be in the best interests of the district's ratepayers, the public service commission shall consider whether the lease or sale meets all of the following conditions:

SB614-SSA1,5,13 1. The lease or sale will provide for a reasonably adequate supply of sewerage services to meet the needs of the public.

SB614-SSA1,5,16 2. The lease or sale is in the public interest when considering engineering, economic, health, safety, reliability, efficiency and environmental factors and alternate methods of providing sewerage services.

SB614-SSA1,5,19 3. The lease or sale reasonably coordinated with long-range plans and policies of other agencies or that a reasonable effort has been made to coordinate with such plans and policies.

SB614-SSA1,5,21 4. The lease or sale will abate combined sewer overflows to the extent necessary to comply with federal or state law.

SB614-SSA1,6,6 (b) The public service commission determines that, under the terms of any lease or sale agreement, the employes of the district who cease to be employes of the district on the effective date of the lease or sale and who are performing functions in relation to the assets or facilities that are leased or sold and who are covered by a collective bargaining agreement under subch. IV of ch. 111, which is in effect on the day before the effective date of the lease or sale, shall continue to perform the functions that they perform on the day before the effective date of the lease or sale, after the lease or sale until the expiration date of the collective bargaining agreement that applies to such employes or for 2 years following the effective date of this paragraph .... [revisor inserts date], whichever is sooner.

SB614-SSA1,6,10 (2) Dissolution of the district. Subject to s. 196.78, after retiring all outstanding indebtedness of the district and paying off all bonds issued by the district, the commission may dissolve the district if all of the district's assets and facilities are sold under sub. (1).

SB614-SSA1,6,17 (3) Application of proceeds. The proceeds of any sale or lease under sub. (1) to an entity other than the state shall be distributed, in a manner approved by the public service commission, to the state and municipalities in proportion to the amounts paid by the state and municipalities for capital costs since the district was reorganized under s. 66.882 (1) (b). Thirty percent of the proceeds distributed to the state under this subsection that are not obligated under s. 144.241 or 144.2415 shall be credited to the appropriation account under s. 20.320 (1) (h).

SB614-SSA1, s. 11 Section 11. 66.892 (2) (a) of the statutes is amended to read:

SB614-SSA1,6,20 66.892 (2) (a) Except as provided in pars. (b) to (d) and subject to s. ss. 144.04 and 196.49, no commission may separate combined storm and sanitary sewers.

SB614-SSA1, s. 12 Section 12. 66.892 (2) (d) of the statutes is amended to read:

SB614-SSA1,6,25 66.892 (2) (d) Any person aggrieved by the decision of the commission to separate a combined storm and sanitary sewer may file a petition for judicial review in the circuit court for the county in which the district is located. Nothing in this paragraph affects any review under s. 144.04 or 196.49.

SB614-SSA1, s. 13 Section 13. 66.894 (1) (intro.) of the statutes is amended to read:

SB614-SSA1,7,5 66.894 (1) General powers of the commission. (intro.) To the extent necessary to carry out its duties under s. 66.89 and subject to any approval required under s. 196.49, the commission may project, plan, design, adopt, construct, operate and maintain:

SB614-SSA1, s. 14 Section 14. 66.898 (3) of the statutes is amended to read:

SB614-SSA1,7,13 66.898 (3) Service charges for operation and maintenance. As part of any contract executed under this section, the commission may assess reasonable and just sewerage service charges against the contracting party with respect to operating and maintenance costs. These charges shall be established proposed by the commission in accordance with s. 66.912 and are subject to review under s. 66.912. The schedule of service charges may, but need not, be uniform with any other schedule of charges shall be established by the public service commission.

SB614-SSA1, s. 15 Section 15. 66.898 (4) (a) of the statutes is repealed and recreated to read:

SB614-SSA1,7,19 66.898 (4) (a) As part of any contract executed under this section, the commission may assess reasonable and just sewerage service charges against the contracting party with respect to capital costs. The schedule of sewerage service charges with respect to capital costs used in contracts executed under this section shall be uniform with the system used to recover capital costs within the district.

SB614-SSA1, s. 16 Section 16. 66.898 (4) (b) of the statutes is repealed and recreated to read:

SB614-SSA1,8,3 66.898 (4) (b) The charges assessed under this subsection shall be proposed by the commission in accordance with s. 66.91 (5) and shall be established by the public service commission. In computing the schedule of charges under this subsection, the public service commission may consider the factors specified in s. 66.91 (5). In computing the schedule of charges under this subsection, the public service commission may also consider the fact that sewerage service may not be available to or may be available to but not utilized by a part of the property located within the territorial limits of a contracting party at the time of computing the schedule.

SB614-SSA1, s. 17 Section 17. 66.898 (4) (c) of the statutes is repealed.

SB614-SSA1, s. 18 Section 18. 66.899 of the statutes is repealed.

SB614-SSA1, s. 19 Section 19. 66.90 (1) of the statutes is amended to read: