2021 - 2022 LEGISLATURE
March 7, 2022 - Introduced by Representatives Knodl,
Brooks, Dallman, Gundrum, Horlacher, Kitchens, Kurtz, Macco, Moses,
Mursau, Plumer, Snyder, Sortwell, Steffen, Steineke, Swearingen, Tittl,
Tranel, Tusler, Vorpagel, Wittke and Zimmerman, cosponsored by Senators
Bradley, Jacque, Felzkowski, Feyen, Petrowski, Roth, Stroebel and
Wanggaard. Referred to Committee on Energy and Utilities.
1An Act to create
66.04045 of the statutes; relating to: restricting local
2regulation of utility service based on the type or source of energy.
Analysis by the Legislative Reference Bureau
This bill prohibits a city, village, town, or county from placing any restriction
on the connection or reconnection of a utility service based on the type or source of
energy to be provided. The bill also prohibits a city, village, town, or county from
discriminating against a public utility based in whole or in part on the nature or
source of the utility service to be provided to a consumer within the political
subdivision. The bill provides that it does not affect the authority of a city, village,
town, or county to either 1) manage or operate a public utility; or 2) take steps
designed to reduce greenhouse gas emissions from facilities and operations of the
city, village, town, or county, including purchasing renewable energy.
For further information see the 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:
66.04045 of the statutes is created to read:
466.04045 Limitations on regulation of utility services. (1) Definitions. 5
In this section:
(a) “Greenhouse gas” has the meaning given in s. 285.78 (1) (c).
(b) “Political subdivision” means a city, village, town, or county.
(c) “Public utility” has the meaning given in s. 196.01 (5).
(d) “Utility service” means service, including electric, manufactured gas, 5
liquefied petroleum gas, natural gas, hydrogen, fuel oil, a renewable source, or any 6
other source, supplied by a public utility that is capable of providing and authorized 7
to provide the service for the property of an individual or entity.
8(2) Authority to restrict systems limited.
(a) No political subdivision may 9
do any of the following:
1. Place any restriction, either directly or in effect, on the connection or 11
reconnection of a utility service based upon the type or source of energy to be 12
delivered to an individual consumer within the political subdivision.
2. Discriminate against a public utility based in whole or in part on the nature 14
or source of the utility service provided for an individual consumer within the 15
(b) This section does not affect the authority of a political subdivision to do any 17
of the following:
1. Manage or operate a public utility.
2. Take steps designed to reduce greenhouse gas emissions from facilities and 20
operations of the political subdivision, including purchasing renewable energy.
(c) Nothing in this section shall affect the approval requirements established 22
under s. 196.58 (6).