Amendment SSA1-SB614

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:

SB614-SSA1,8,16 66.90 (1) General power of the commission. The Subject to any approvals by the public service commission required under s. 196.49, the commission may acquire by gift, purchase, lease or other methods of acquisition or by condemnation, any real property situated in the state and all tenements, hereditaments and appurtenances belonging or in any way appertaining to, or in any interest, franchise, easement, right or privilege therein, that may be needed for the purpose of projecting, planning, constructing and maintaining the sewerage system, that may be needed for the collection, transmission or disposal of all sewage or drainage of the district or that may be needed for improving any river or stream within the district under s. 66.894 (8) (a) or (b).

SB614-SSA1, s. 20 Section 20. 66.904 (1) of the statutes is amended to read:

SB614-SSA1,8,22 66.904 (1) General powers of the commission. The Subject to any approvals by the public service commission under ch. 196, the commission may enter into contracts, agreements or stipulations necessary to perform its duties and exercise its powers under ss. 66.88 to 66.918, including contracts to purchase, lease or otherwise obtain the use of all necessary equipment, supplies and labor.

SB614-SSA1, s. 21 Section 21. 66.91 (intro.) of the statutes is amended to read:

SB614-SSA1,9,2 66.91 Financing. (intro.) The Subject to chs. 184 and 196, the district may borrow money and issue and execute bonds, notes and other forms of indebtedness and may enter into agreements to secure its indebtedness in the manner specified in subs. (1) to (7):

SB614-SSA1, s. 22 Section 22. 66.91 (1) (g) of the statutes is amended to read:

SB614-SSA1,9,9 66.91 (1) (g) User Revenue requirements used to calculate user charges and service charges established proposed by the commission under sub. (5) or s. 66.076 to comply with any covenant concerning the sufficiency of the charges contained in a resolution or ordinance providing for the issuance of revenue bonds or notes under s. 66.066 shall be presumed reasonable in any review of the charges by the public service commission under s. 66.912 (5).

SB614-SSA1, s. 23 Section 23. 66.91 (5) (a) of the statutes is amended to read:

SB614-SSA1,9,23 66.91 (5) (a) For service provided to any user, the The commission may establish, propose to assess and collect service charges under s. 66.076 or for any person provided service. In proposing user and service charges under this subsection, the commission shall first determine the revenue required by the district and shall propose user and service charges expected to generate that amount of revenue. These service charges shall be established by the public service commission and then assessed and collected under this subsection. For service to any user outside the district and not located in a municipality which has contracted with the district under s. 66.898, the commission may establish, assess and collect service charges under s. 66.899. Except as provided under s. 66.899 (2), any charge made by the district under this subsection is reviewable under s. 66.912 (5). The sewerage service charges established under s. 66.076 or under this subsection with respect to capital costs for service to any user shall be uniform.

SB614-SSA1, s. 24 Section 24. 66.91 (5) (b) 1. of the statutes is amended to read:

SB614-SSA1,10,4 66.91 (5) (b) 1. The commission may, as a complete or partial alternative to any other method of recovering capital costs, compute a proposed schedule of charges based on capital costs to be recovered under this subsection from any user person provided service.

SB614-SSA1, s. 25 Section 25. 66.91 (5) (b) 3. a. of the statutes is amended to read:

SB614-SSA1,10,7 66.91 (5) (b) 3. a. Adopt Propose a schedule of charges computed under this paragraph. The commission may modify the schedule as it deems necessary.

SB614-SSA1, s. 26 Section 26. 66.91 (5) (b) 3. b. of the statutes is amended to read:

SB614-SSA1,10,11 66.91 (5) (b) 3. b. Submit the proposed schedule of charges it adopts and each modification of the schedule to each municipality subject to the charges the public service commission for review under ch. 196.

SB614-SSA1, s. 27 Section 27. 66.91 (5) (c) 1. of the statutes is amended to read:

SB614-SSA1,10,15 66.91 (5) (c) 1. Charges for sewerage service shall, to the extent practicable, be proportionate to the costs of the sewerage system that the district may reasonably attribute to the user person provided service.

SB614-SSA1, s. 28 Section 28. 66.91 (5) (c) 2. of the statutes is amended to read:

SB614-SSA1,10,25 66.91 (5) (c) 2. The commission may propose to classify users on the basis of uses and may establish propose separate charges for separate classes. In computing proposed charges, the commission may consider any reasonable factor, including wastewater flow or drainage, delivery flow characteristics, water consumption, type and number of sewerage connections or plumbing fixtures, population served, lot size, portion of lot improved and assessed value of property served. The commission may also compute its proposed fee schedules as needed to meet the requirements of s. 66.076 or of title II of the water pollution control act, 33 USC 1251 et seq. All charges, rates and fees shall be established under ss. 196.03, 196.20 and 196.37.

SB614-SSA1, s. 29 Section 29. 66.91 (5) (d) 1. of the statutes is amended to read:

SB614-SSA1,11,12 66.91 (5) (d) 1. Each sanitary district organized under subch. IX of ch. 60 and each metropolitan sewerage district organized under ss. 66.20 to 66.26 that is billed by the commission under par. (b) shall, within 5 days of receipt of a bill from the commission, in turn bill each city, town or village served by the sanitary district or metropolitan sewerage district organized under ss. 66.20 to 66.26. Each city, town or village located within the district and billed under this paragraph or billed by the commission under par. (b) or under s. 66.076 shall, within 45 days of receiving the bill, pay the full amount billed to the district. Each municipality may levy a reasonable penalty for late payment by the user to the municipality. Each municipality may provide for the payment of charges to it by any means specified in s. 66.898 (5).

SB614-SSA1, s. 30 Section 30. 66.91 (5) (e) of the statutes is amended to read:

SB614-SSA1,11,18 66.91 (5) (e) The commission may separately compute, on any reasonable basis, both capital and operating costs of providing sewerage service to any federal, state, county or municipal facility and may, upon approval by the public service commission, directly bill the federal government, the state, the county or the municipality.

SB614-SSA1, s. 31 Section 31. 66.912 (2) (a) of the statutes is amended to read:

SB614-SSA1,11,21 66.912 (2) (a) Compute a proposed uniform schedule of charges based on operating expenses to be recovered from users under this subsection.

SB614-SSA1, s. 32 Section 32. 66.912 (2) (b) of the statutes is amended to read:

SB614-SSA1,11,24 66.912 (2) (b) Adopt Propose the uniform schedule of charges computed under par. (a). The commission may modify the schedule periodically.

SB614-SSA1, s. 33 Section 33. 66.912 (2) (c) of the statutes is amended to read:

SB614-SSA1,12,4 66.912 (2) (c) Submit the proposed schedule adopted under par. (b) and every modification to every municipality within the sewerage service area as early in every calendar year as practicable the public service commission for approval under ch. 196.

SB614-SSA1, s. 34 Section 34. 66.912 (3) of the statutes is amended to read:

SB614-SSA1,12,12 66.912 (3) Factors in charge schedules. In computing a proposed charge schedule under sub. (2) (a), the sewerage commission shall require each user to pay the proportion of total operating cost of the system incurred by the transmission and treatment of the user's wastewater. In determining such proportional costs, the sewerage commission shall consider such factors, without limitation because of enumeration, as strength, volume and delivery flow rate characteristics of each user's sewage.

SB614-SSA1, s. 35 Section 35. 66.912 (5) of the statutes is repealed.

SB614-SSA1, s. 36 Section 36. 144.241 (6) (b) 9. of the statutes is created to read:

SB614-SSA1,12,16 144.241 (6) (b) 9. Making special grants under sub. (13h) from the appropriation under s. 20.320 (1) (h).

SB614-SSA1, s. 37 Section 37. 144.241 (8) (g) of the statutes is amended to read:

SB614-SSA1,12,21 144.241 (8) (g) The Except as provided in sub. (13h) (b) 2., the sum of all of the financial assistance to a municipality approved under this section and s. 144.2415 for a project may not result in the municipality paying less than 30% of the cost of the project.

SB614-SSA1, s. 38 Section 38. 144.241 (13h) of the statutes is created to read:

SB614-SSA1,12,25 144.241 (13h) Special grants. (a) Subject to par. (b), the department shall provide a grant under this subsection to a municipality if all of the following conditions are met:

SB614-SSA1,13,2 1. The municipality qualifies for financial assistance under this section and s. 144.2415.

SB614-SSA1,13,4 2. The median household income in the municipality is 80% or less of the median household income in this state.

SB614-SSA1,13,5 3. One of the following applies:

SB614-SSA1,13,9 a. The estimated total annual charges per residential user in the municipality that relate to wastewater treatment would exceed 2% of the median household income in the municipality if the municipality receives the maximum amount of assistance under this section, excluding a grant under this subsection.

SB614-SSA1,13,14 b. The estimated total annual charges per residential user in the municipality that relate to wastewater treatment would exceed 2% of the median household income in the municipality without assistance under sub. (13) but the municipality is not able to receive assistance under sub. (13) because insufficient financial hardship assistance funding is available.

SB614-SSA1,13,16 (b) The department may not award a grant under par. (a) that does any of the following:

SB614-SSA1,13,19 1. Results in the estimated total annual charges per residential user in the municipality that relate to wastewater treatment being less than 2% of the median household income in the municipality.

SB614-SSA1,13,21 2. Exceeds 90% of the cost of the project, for a municipality to which par. (a) 3. a. applies, or 70% of the cost of the project for any other municipality.

SB614-SSA1,14,2 (c) The department shall establish a special grant funding list for each fiscal year that ranks, in the same order that they appear on the priority list under sub. (8e), projects of municipalities that are eligible under par. (a), and that submit complete financial assistance applications under sub. (9) (a) no later than June 30 of the preceding fiscal year.

SB614-SSA1,14,5 (d) The department shall promulgate a rule under which a municipality seeking financial assistance under this subsection may request, and have conducted, a survey to determine the median household income in the municipality.

SB614-SSA1, s. 39 Section 39. 144.2415 (3) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB614-SSA1,14,13 144.2415 (3) (e) The department may expend, for financial assistance in a biennium other than financial hardship assistance under s. 144.241 (13) (e) and special grants under s. 144.241 (13h), an amount up to 85% of the amount approved by the legislature under par. (d). The department may expend such amount only from the percentage of the amount approved under par. (d) that is not available under par. (f) for financial hardship assistance.

SB614-SSA1, s. 40 Section 40. 184.01 (2) of the statutes is amended to read:

SB614-SSA1,15,7 184.01 (2) "Public service corporation" means and embraces every corporation, except municipalities and other political subdivisions that are not regulated districts under s. 196.01 (6m), which is a public utility or regulated district as defined in s. 196.01, and every corporation which is a railroad as defined in s. 195.02, but shall not include a public utility corporation receiving an annual gross revenue of less than $1,000 for the calendar year next preceding the issuance of any securities by it. "Public service corporation" includes a holding company, as defined under s. 196.795 (1) (h), which is a public utility, as defined under s. 196.01 (5). "Public service corporation" does not include a telecommunications utility, as defined in s. 196.01 (10). "Public service corporation" does not include any other holding company unless the holding company was formed after November 28, 1985, and unless the commission has determined, under s. 196.795 (7) (a), that each nonutility affiliate, as defined under s. 196.795 (1) (j), does not and cannot reasonably be expected to do at least one of the items specified in s. 196.795 (7) (a). "Public service corporation" does not include a company, as defined in s. 196.795 (1) (f), which owns, operates, manages or controls a telecommunications utility, as defined in s. 196.01 (10), unless such company also owns, operates, manages or controls a public utility which is not a telecommunications utility.

SB614-SSA1, s. 41 Section 41. 184.03 (1m) of the statutes is created to read:

SB614-SSA1,15,11 184.03 (1m) A public service corporation that is a regulated district under s. 196.01 (6m) may not issue any security that confers any ownership interest in the public service corporation.

SB614-SSA1, s. 42 Section 42. 196.01 (6m) of the statutes is created to read:

SB614-SSA1,15,14 196.01 (6m) "Regulated district" means a metropolitan sewerage district created under s. 66.882.

SB614-SSA1, s. 43 Section 43. 196.02 (1) of the statutes is amended to read:

SB614-SSA1,15,18 196.02 (1) Jurisdiction. The commission has jurisdiction to supervise and regulate every public utility and regulated district in this state and to do all things necessary and convenient to its jurisdiction.

SB614-SSA1, s. 44 Section 44. 196.02 (2) of the statutes is amended to read:

SB614-SSA1,16,3 196.02 (2) Definition; classification. In this subsection, "public utility" does not include a telecommunications cooperative or a small telecommunications utility except as provided under s. 196.205 or 196.215 (2) and does not include an alternative telecommunications utility. The commission shall provide for a comprehensive classification of service for each public utility and each regulated district. The classification may take into account the quantity used, the time when used, the purpose for which used, and any other reasonable consideration. Each public utility and regulated district shall conform its schedules of rates, tolls and charges to such classification.

SB614-SSA1, s. 45 Section 45. 196.02 (4) (a) of the statutes is amended to read:

SB614-SSA1,16,9 196.02 (4) (a) The commission may inquire into the management of the business of all public utilities and all regulated districts. The commission shall keep itself informed as to the manner and method in which the same is conducted. The commission may obtain from any public utility or any regulated district any information necessary to enable the commission to perform its duties.

SB614-SSA1, s. 46 Section 46. 196.02 (4) (c) of the statutes is amended to read:

SB614-SSA1,16,16 196.02 (4) (c) If any public utility or regulated district fails to furnish the commission with information required of it by the commission, the commission may issue an order directing the delinquent public utility or regulated district to furnish the information immediately or to show good cause why the information cannot be obtained. Failure of any public utility or regulated district to comply with the order of the commission is a violation of this chapter within the meaning of s. 196.66.

SB614-SSA1, s. 47 Section 47. 196.02 (5) of the statutes is amended to read: