AB1065: Bill Text

AB1065,7,19 (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.

AB1065,7,23 (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).

AB1065,8,3 (3) Application of proceeds. The proceeds of any sale or lease under sub. (1) (a) 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).

AB1065, s. 9 Section 9. 66.892 (2) (a) of the statutes is amended to read:

AB1065,8,6 66.892 (2) (a) Except as provided in pars. (b) to (d) and subject to s. 144.04 and 196.49, no commission may separate combined storm and sanitary sewers.

AB1065, s. 10 Section 10. 66.892 (2) (d) of the statutes is amended to read:

AB1065,8,11 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.

AB1065, s. 11 Section 11. 66.894 (1) (intro.) of the statutes is amended to read:

AB1065,8,16 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:

AB1065, s. 12 Section 12. 66.898 (3) of the statutes is amended to read:

AB1065,8,24 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.

AB1065, s. 13 Section 13. 66.898 (4) (a) of the statutes is amended to read:

AB1065,9,6 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. These sewerage service charges are subject to review under s. 66.912. 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.

AB1065, s. 14 Section 14. 66.898 (4) (b) of the statutes is amended to read:

AB1065,9,16 66.898 (4) (b) Except as provided in par. (c), the The charges assessed under this subsection shall be established proposed by the commission in accordance with s. 66.076 or 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. 66.076 (5) or 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.

AB1065, s. 15 Section 15. 66.898 (4) (c) of the statutes is repealed.

AB1065, s. 16 Section 16. 66.899 of the statutes is repealed.

AB1065, s. 17 Section 17. 66.90 (1) of the statutes is amended to read:

AB1065,9,25 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).

AB1065, s. 18 Section 18. 66.904 (1) of the statutes is amended to read:

AB1065,10,10 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.

AB1065, s. 19 Section 19. 66.91 (intro.) of the statutes is amended to read:

AB1065,10,15 66.91 Financing. (intro.) The Subject to ch. 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):

AB1065, s. 20 Section 20. 66.91 (1) (g) of the statutes is amended to read:

AB1065,10,22 66.91 (1) (g) 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) in establishing such charges.

AB1065, s. 21 Section 21. 66.91 (5) (a) of the statutes is amended to read:

AB1065,11,8 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. 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.

AB1065, s. 22 Section 22. 66.91 (5) (b) 1. of the statutes is amended to read:

AB1065,11,13 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.

AB1065, s. 23 Section 23. 66.91 (5) (b) 3. a. of the statutes is amended to read:

AB1065,11,16 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.

AB1065, s. 24 Section 24. 66.91 (5) (b) 3. b. of the statutes is amended to read:

AB1065,11,20 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.

AB1065, s. 25 Section 25. 66.91 (5) (c) 1. of the statutes is amended to read:

AB1065,11,24 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.

AB1065, s. 26 Section 26. 66.91 (5) (c) 2. of the statutes is amended to read:

AB1065,12,9 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 by the public service commission.

AB1065, s. 27 Section 27. 66.91 (5) (d) 1. of the statutes is amended to read:

AB1065,12,21 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).

AB1065, s. 28 Section 28. 66.91 (5) (e) of the statutes is amended to read:

AB1065,13,2 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.

AB1065, s. 29 Section 29. 66.912 (2) (a) of the statutes is amended to read:

AB1065,13,5 66.912 (2) (a) Compute a proposed uniform schedule of charges based on operating expenses to be recovered from users under this subsection.

AB1065, s. 30 Section 30. 66.912 (2) (b) of the statutes is amended to read:

AB1065,13,8 66.912 (2) (b) Adopt Propose the uniform schedule of charges computed under par. (a). The commission may modify the schedule periodically.

AB1065, s. 31 Section 31. 66.912 (2) (c) of the statutes is amended to read:

AB1065,13,13 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.

AB1065, s. 32 Section 32. 66.912 (3) of the statutes is amended to read:

AB1065,13,21 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.

AB1065, s. 33 Section 33. 66.912 (5) of the statutes is repealed.

AB1065, s. 34 Section 34. 196.01 (6m) of the statutes is created to read:

AB1065,13,25 196.01 (6m) "Regulated district" means a metropolitan sewerage district created under s. 66.882.

AB1065, s. 35 Section 35. 196.02 (1) of the statutes is amended to read:

AB1065,14,4 196.02 (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.

AB1065, s. 36 Section 36. 196.02 (2) of the statutes is amended to read:

AB1065,14,14 196.02 (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.

AB1065, s. 37 Section 37. 196.02 (4) (a) of the statutes is amended to read:

AB1065,14,20 196.02 (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.

AB1065, s. 38 Section 38. 196.02 (4) (c) of the statutes is amended to read:

AB1065,15,2 196.02 (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.

AB1065, s. 39 Section 39. 196.02 (5) of the statutes is amended to read:

AB1065,15,10 196.02 (5) Inspect books. The commission or any commissioner or any person employed by the commission for that purpose may, upon demand, inspect the books, accounts, papers, records and memoranda of any public utility or regulated district, and examine under oath any officer, agent or employe of the public utility or regulated district in relation to its business and affairs. Any person, other than one of the commissioners, who makes a demand shall produce his or her authority to make the inspection.

AB1065, s. 40 Section 40. 196.02 (6) of the statutes is amended to read:

AB1065,15,19 196.02 (6) Production of records. The commission may require, by order or subpoena served on any public utility or regulated district as a summons is served in circuit court, the production within this state at the time and place the commission designates of any books, accounts, papers or records kept by the public utility or regulated district outside the state, or verified copies in lieu thereof, if the commission orders. If a public utility or regulated district fails or refuses to comply with the order or subpoena, for each day of the failure or refusal the public utility or regulated district shall forfeit not less than $50 nor more than $500.

AB1065, s. 41 Section 41. 196.02 (13) of the statutes is created to read:

AB1065,16,10 196.02 (13) Sale or lease of regulated district assets. The public service commission may, upon demand, inspect the books, accounts, papers, records and memoranda of a regulated district and examine under oath any commissioner of a regulated district, agent or employe of the regulated district in order to obtain information bearing upon the determinations to be made by the public service commission under s. 66.891 (1) (a) and (b). If the public service commission makes the determinations under s. 66.891 (1) (a) and (b) and if the public service commission believes that the commission of the regulated district has not acted in the best interests of the regulated district's ratepayers in selling or leasing the district's assets and facilities, the public service commission may appoint an individual to negotiate and enter into agreements for the sale or lease of any or all of the district's assets and facilities. This individual may exercise, on behalf of the regulated district, the powers given the commission of the regulated district under ss. 66.90 (1) and 66.904 (1). The district shall pay all costs incurred by the individual in the performance of his or her duties under this subsection.

AB1065, s. 42 Section 42. 196.03 (1) of the statutes is amended to read:

AB1065,16,18 196.03 (1) Subject to s. 196.63, a public utility and a regulated district shall furnish reasonably adequate service and facilities. The charge made by any public utility or regulated district for any heat, light, water, sewerage service, telecommunications service or power produced, transmitted, delivered or furnished or for any service rendered or to be rendered in connection therewith shall be reasonable and just and every unjust or unreasonable charge for such service is prohibited and declared unlawful.

AB1065, s. 43 Section 43. 196.05 of the statutes is amended to read:

AB1065,16,24 196.05 (title) Public utility and regulated district property; valuation; revaluation. If the commission deems it proper or necessary for effective regulation, the commission shall value or revalue all the property of every public utility and every regulated district actually used and useful for the convenience of the public.

AB1065, s. 44 Section 44. 196.06 of the statutes is amended to read:

AB1065,17,3 196.06 Uniform accounting; forms; books; office. (1) Every public utility and every regulated district shall keep and render to the commission in the manner and form prescribed by the commission uniform accounts of all business transacted.

AB1065,17,11 (2) The commission may require any public utility or any regulated district engaged directly or indirectly in any business other than that of the production, transmission or furnishing of heat, light, water, sewerage service, telecommunications service or power to keep and render separately to the commission in like manner and form the accounts of all such other business. This chapter applies to the books, accounts, papers and records of such other business if the commission requires the keeping and rendering separately of the accounts under this subsection.

AB1065,17,15 (3) Each public utility and each regulated district shall keep and render its books, accounts, papers and records accurately and faithfully in the manner and form prescribed by the commission and shall comply with all directions of the commission relating to such books, accounts, papers and records.

AB1065,17,21 (6) Each public utility and each regulated district shall have an office in one of the towns, villages or cities in this state in which its property or some part thereof is located, in which it shall keep all books, accounts, papers and records required by the commission to be kept within the state. No books, accounts, papers or records required by the commission to be kept within the state shall be removed from the state, except upon conditions prescribed by the commission.

AB1065, s. 45 Section 45. 196.07 of the statutes is amended to read:

AB1065,18,4 196.07 Balance sheet filed annually. (1) Each public utility and each regulated district shall close its accounts annually on December 31 and promptly prepare a balance sheet of that date. On or before the following April 1 every public utility and every regulated district shall file with the commission the balance sheet together with any other information the commission prescribes, verified by an officer of the public utility or regulated district. The commission, for good cause shown, may extend the time for filing the balance sheet and prescribed information.

AB1065,18,14 (2) If a public utility or a regulated district fails to file a report with the commission containing its balance sheet and other information prescribed by the commission by the date the report is due under sub. (1), the commission may prepare the report from the records of the public utility or regulated district. All expenses of the commission in preparing the report, plus a penalty equal to 50% of the amount of the expenses, shall be assessed against and collected from the public utility or regulated district under s. 196.85. The amount of the charge to a public utility or regulated district shall not be limited by s. 196.85 (1) and shall be in addition to any other charges assessable under s. 196.85. The penalty provision of the charge shall be credited to the general fund under s. 20.906.

AB1065, s. 46 Section 46. 196.09 (1) of the statutes is amended to read:

AB1065,19,2 196.09 (1) In this section, "public utility" does not include a telecommunications cooperative except as provided under s. 196.205. In subs. (2) to (7), "public utility" does not include a telecommunications utility. Subsection (9) only applies to a telecommunications utility. Every public utility and every regulated district shall file with the commission, within such time as may be required by the commission, its estimate of the annual rate of depreciation required for each of its classes of fixed capital used for public utility or regulated district purposes, and of the composite annual rate of depreciation required for such fixed capital as an aggregate, which shall constitute the public utility's or regulated district's estimates of the amount which should be returned to it out of its rates for service, to meet the depreciation of its property.

AB1065, s. 47 Section 47. 196.09 (2) of the statutes is amended to read:

AB1065,19,14 196.09 (2) After the submission of the estimates under sub. (1), the commission shall review the estimates. If the commission determines that the estimates submitted are reasonable and proper, it shall certify its determination to the public utility or regulated district. If the commission determines that the estimates submitted are not reasonable and proper, it shall certify to the public utility or regulated district the percentages which it considers reasonable and proper. If the fixed capital accounts of the public utility or regulated district are not subdivided to permit the rates for the various classes of fixed capital used for public utility or regulated district purposes to be applied, the estimates submitted by the public utility or the regulated district and the percentages determined by the commission may be based upon the aggregate of such fixed capital.

AB1065, s. 48 Section 48. 196.09 (3) of the statutes is amended to read:

AB1065,19,23 196.09 (3) After the commission certifies to the public utility or regulated district its findings as to the percentages required for depreciation under sub. (2), the public utility or regulated district shall have 30 days within which to make application to the commission for a hearing and order. If the public utility or regulated district does not make application to the commission for a hearing and order within the time set, the commission's certification of findings shall have the effect of an order and the public utility or regulated district shall have the right of appeal from the certification as provided in this chapter.

AB1065, s. 49 Section 49. 196.09 (4) of the statutes is amended to read:

AB1065,20,8 196.09 (4) The commission may provide, in order to meet changing conditions, that a public utility or regulated district submit from time to time the estimate required under sub. (1). If it requires such resubmission of estimates, the commission shall follow the procedure for certifying its findings under sub. (2). In revising the reasonable and proper percentages of depreciation, the commission shall give consideration to the experience of the public utility or regulated district in accumulating a depreciation reserve under previous rates, any retirements actually made and any other relevant factor.

AB1065, s. 50 Section 50. 196.09 (5) of the statutes is amended to read:

AB1065,20,17 196.09 (5) If the commission establishes, by certification or order, the reasonable and proper percentages of depreciation, the percentages shall constitute the percentages to be used in any proceeding involving the rates or practices of the public utility or regulated district, except that if at the time of such proceeding the commission finds that the percentages of depreciation previously established are no longer reasonable and proper, the commission shall establish reasonable and proper percentages for the purpose of such proceeding and certify the new percentages under this section.

AB1065, s. 51 Section 51. 196.09 (6) (a) of the statutes is amended to read: