2023 - 2024 LEGISLATURE
February 14, 2023 - Introduced by Senators Bradley, Feyen,
Testin, Tomczyk, Wanggaard and Wimberger, cosponsored by
Representatives Knodl, Steffen, Armstrong, Behnke, Brandtjen, Dallman,
Dittrich, Donovan, Duchow, Gundrum, Kitchens, Kurtz, Macco, Murphy,
Mursau, Rettinger, Rodriguez, Rozar, Snyder, Sortwell, Swearingen,
Tittl, Tusler and Zimmerman. Referred to Committee on Utilities and
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 or a liquified petroleum gas retailer, as
defined in the bill, based in whole or in part on the nature or source of the 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 any of the following:
1. Service, including electric, manufactured gas, liquefied petroleum gas, 6
natural gas, hydrogen, fuel oil, a renewable source, or any other source, supplied by 7
a public utility that is capable of providing and authorized to provide the service for 8
the property of an individual or entity.
2. Service to supply liquified petroleum gas for the property of an individual 10
or entity by a retailer, as defined under s. 101.16 (1) (d).
11(2) Authority to restrict systems limited.
(a) No political subdivision may 12
do any of the following:
1. Place any restriction, either directly or in effect, on the connection or 14
reconnection of a utility service based upon the type or source of energy to be 15
delivered to an individual consumer within the political subdivision.
2. Discriminate against a public utility or a retailer, as defined under s. 101.16 17
(1) (d), based in whole or in part on the nature or source of the utility service provided 18
for an individual consumer within the political subdivision.
(b) This section does not affect the authority of a political subdivision to do any 20
of the following:
1. Manage or operate a public utility.
2. Take steps designed to reduce greenhouse gas emissions from facilities and 23
operations of the political subdivision, including purchasing renewable energy.
(c) Nothing in this section shall affect the approval requirements established 2
under s. 196.58 (6).