2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 78
April 12, 2017 - Offered by Representative Thiesfeldt.
1An Act to renumber and amend
66.0809 (3) (f); to amend
62.69 (2) (f), 66.0627 2
(8) (a), 66.0627 (8) (b) and 66.0627 (8) (c); and to create
66.0627 (8) (ag), 66.0809 3
(3) (f) 2., 196.37 (6) and 196.372 of the statutes; relating to: water public utility
4financial assistance and political subdivision loans for lead-containing
5customer-side water service lines.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
62.69 (2) (f) of the statutes is amended to read:
(f) All water rates for water furnished to any building or premises, all
8payments owing on loans provided as financial assistance under s. 196.372 (2) to the
9owner of any building or premises,
and the cost of repairing meters, service pipes, 10
stops or stop boxes, are a lien on the lot, part of lot or parcel of land on which the 11
building or premises is located. If any water rates, those loan payments,
or bills for
the repairing of meters, service pipes, stops or stop boxes remain unpaid on October 2
1, the unpaid rates, loan payments,
or bills shall be certified to the city comptroller 3
on or before November 1, and shall be placed by the comptroller upon the tax roll and 4
collected in the same manner as other taxes on real estate are collected in the city. 5
The charge for water supplied by the city in all premises where meters are attached 6
and connected shall be at rates fixed by the commissioner of public works and for the 7
quantity indicated by the meter. If the commissioner of public works determines that 8
the quantity indicated by the meter is materially incorrect or if a meter has been off 9
temporarily due to repairs, the commissioner shall estimate the quantity used, and 10
the determination is conclusive. No water rate or rates duly assessed against any 11
property may be remitted or changed except by the common council. Under this 12
paragraph, if an unpaid charge or bill is for utility service furnished and metered by 13
the waterworks directly to a mobile home unit in a licensed mobile home park, the 14
delinquent amount is a lien on the mobile home unit rather than a lien on the parcel 15
of real estate on which the mobile home unit is located. A lien on a mobile home unit 16
may be enforced using the procedures under s. 779.48 (2).
66.0627 (8) (a) of the statutes is amended to read:
(a) A political subdivision may make a loan, or enter into an 19
agreement regarding loan repayments to a 3rd party for owner-arranged or 20
lessee-arranged financing, to an owner or lessee of a premises located in the political 21
subdivision for making or installing an energy efficiency improvement, a water 22
efficiency improvement, or a renewable resource application to the premises.
If a political subdivision makes a loan or enters into an agreement under 24this paragraph par. (a) or (ag)
, the political subdivision may collect the loan 25
repayment as a special charge under this section. Notwithstanding sub. (4), a special
charge imposed under this paragraph may be collected in installments and may be 2
included in the current or next tax roll for collection and settlement under ch. 74 even 3
if the special charge is not delinquent.
66.0627 (8) (ag) of the statutes is created to read:
(ag) A political subdivision may make a loan, or enter into an 6
agreement regarding loan repayments to a 3rd party for owner-arranged financing, 7
to an owner of a premises located in the political subdivision for the purpose of 8
replacing customer-side water service lines, as defined in s. 196.372 (1) (a), 9
66.0627 (8) (b) of the statutes is amended to read:
(b) A political subdivision that imposes a special charge under par. 12(a) (am)
may permit special charge installments to be collected by a 3rd party that 13
has provided financing for the improvement or application and may require that the 14
3rd party inform the political subdivision if a special charge installment is 15
66.0627 (8) (c) of the statutes is amended to read:
(c) An installment payment authorized under par. (a) (am)
that is 18
delinquent becomes a lien on the property that benefits from the improvement or 19
application as of the date of delinquency. A lien under this paragraph has the same 20
priority as a special assessment lien.
66.0809 (3) (f) of the statutes is renumbered 66.0809 (3) (f) (intro.) 22
and amended to read:
(f) (intro.) In this subsection, “
means the use of any method to ascertain the amount of service 25
used or the use of a flat rate billing method.
66.0809 (3) (f) 2. of the statutes is created to read:
(f) 2. “Utility service” includes loans provided as financial 3
assistance under s. 196.372 (2).
196.37 (6) of the statutes is created to read:
It is not unjust, unreasonable, insufficient, unfairly discriminatory, 6
or preferential or otherwise unreasonable or unlawful for a water public utility to 7
fund all or a portion of the cost of providing financial assistance under s. 196.372 8
using revenue collected from charges applied to retail customers receiving service 9
from the water public utility in the same city, village, or town in which the property 10
for which the financial assistance is provided is located.
196.372 of the statutes is created to read:
12196.372 Financial assistance for lead-containing customer-side water
13service lines. (1) Definitions.
In this section:
(a) “Customer-side water service line” means the portion of a water service line 15
owned by a property owner.
(b) “Financial assistance” means a grant, loan, or combination thereof.
(c) “Utility-side water service line” means the portion of a water service line 18
owned by a water public utility.
19(2) Financial assistance.
A water public utility may provide financial 20
assistance to the owner of a property to which water utility service is provided for the 21
purpose of assisting the owner in replacing customer-side water service lines 22
containing lead if all of the following are satisfied:
(a) The city, town, or village in which the water public utility provides utility 24
service to the property has enacted an ordinance that permits the water public utility 25
to provide the financial assistance.
(b) The utility-side water service line and the water main pipe that are 2
connected to the customer-side water service line meet one of the following 3
1. Do not contain lead.
2. The lead-containing portion of the utility-side water service line or water 6
main pipe is replaced at the same time as the customer-side water service line is 7
(c) The commission has granted its approval under sub. (3).
9(3) Commission approval.
(a) A water public utility seeking approval under 10
sub. (2) (c) shall submit to the commission an application that includes a description 11
of the proposed financial assistance, a description of the method for funding the 12
financial assistance, and any other information relevant to the action requested by 13
(b) Upon receipt of a complete application, the commission shall investigate the 15
application. The investigation may be with or without public hearing. If the 16
commission conducts a public hearing, the public hearing shall be upon such notice 17
as the commission may require.
(c) If a hearing is held on an application, the commission shall take final action 19
on the application within 180 days after the commission issues a notice of hearing 20
on the application. The chairperson of the commission may extend the time period 21
for an additional 180 days for good cause. If the commission fails to take final action 22
within the initial 180-day period, or the extended 180-day time period, the 23
commission is considered to have granted its approval.
(d) If a hearing is not held on an application, the commission shall take final 25
action on the application within 90 days after the commission issues a notice opening
a docket on the application. The chairperson of the commission may extend the time 2
period for an additional 90 days for good cause. If the commission fails to take final 3
action within the initial 90-day period, or the extended 90-day time period, the 4
commission is considered to have granted its approval.
(e) If the commission finds that the actions described in the application are 6
reasonable, it shall grant its approval in writing.