LRB-2960/2
MDK:jld&bjk:pg
2007 - 2008 LEGISLATURE
February 26, 2008 - Introduced by Representatives Molepske and Berceau.
Referred to Committee on Energy and Utilities.
AB889,1,2
1An Act to create 196.985 of the statutes;
relating to: water utility conservation
2requirements and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires the Public Service Commission (PSC) to promulgate rules
that require water utilities to establish water conservation programs. The rules may
require water utilities to do any or all of the following: 1) identify goals for reducing
per capita water use; 2) develop and implement a program that provides monetary
and other incentives for reducing water use, which may include rates discouraging
the increased use of water; 3) develop and implement a demonstration program for
reducing water use within water utility buildings; 4) develop water use profiles and
demand forecasts for different classes of customers; and 5) evaluate, rank, select, and
implement water conservation measures that are appropriate for different classes
of customers. In addition, the PSC's rules may require water utilities to conduct
public outreach and educational activities on the water conservation program,
conduct an ongoing monitoring program assessing the program's effectiveness, and
make reports to the PSC and the public on the program's effectiveness.
The bill also allows the PSC's rules to require water utilities to prepare an
environmental assessment before taking any proposed action that affects current or
future water supplies. The bill defines "environmental assessment" as a document
that assesses environmental impacts of a proposed action, including a document that
does any or all of the following: 1) describes the proposed action and the
environmental factors that the proposed action affects most directly; 2) evaluates
specified environmental effects that would result if the proposed action is taken; and
3) evaluates reasonable alternatives to the proposed action and significant
environmental consequences of the alternatives. The PSC's rules may also require
a water utility to consider the results of the environmental assessment before taking
the proposed action.
In addition, the bill imposes requirements on cities, villages, and towns
(municipality) that operate water utilities. The bill requires the PSC to promulgate
rules that require a municipality that operates a water utility to prepare an
environmental assessment before the municipality takes any proposed action that
affects current or future water supplies and consider the results of the
environmental assessment before taking the proposed action. The rules must also
require a municipality that operates a water utility to assess current and future
water needs when the municipality engages in planning regarding economic
development or land use.
For further information see the state and 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:
AB889, s. 1
1Section
1. 196.985 of the statutes is created to read:
AB889,2,2
2196.985 Water utility conservation.
(1) In this section:
AB889,2,53
(a) "Environmental assessment" means a document that assesses the
4environmental impacts of a proposed action. "Environmental assessment" may
5include a document that does any or all of the following:
AB889,2,66
1. Describes the purpose and need for the proposed action.
AB889,2,87
2. Includes maps, graphs, or other descriptions of the proposed action's location
8and design.
AB889,2,109
3. Describes those environmental factors that the proposed action affects most
10directly.
AB889,2,1311
4. Evaluates significant positive and negative, short-term and long-term
12environmental effects that would result if the proposed action is taken. Such
13evaluation may include any or all of the following:
AB889,3,3
1a. Effects on geographically important or scarce resources, such as historic or
2cultural resources, scenic or recreational resources, prime farmland, threatened or
3endangered species, and ecologically important areas.
AB889,3,44
b. Conflicts with federal, state, or local plans or policies.
AB889,3,55
c. Significant controversies associated with the proposed action.
AB889,3,66
d. Irreversible environmental effects.
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e. New environmental effects.
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f. Unavoidable environmental effects.
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g. The precedent-setting nature of the proposed action.
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h. The cumulative effect of the proposed action when combined with other
11actions and the cumulative effect of repeated actions of the type proposed.
AB889,3,1212
i. The foreclosure of future options.
AB889,3,1313
j. Direct and indirect environmental effects.
AB889,3,1414
k. Other relevant environmental matters.
AB889,3,1815
5. Evaluates the reasonable alternatives to the proposed action and significant
16environmental consequences of the alternatives, including those alternatives that
17could avoid some or all of the proposed action's adverse environmental effects and the
18alternative of taking no action.
AB889,3,2019
(b) "Water utility" means a public utility that furnishes water directly or
20indirectly to the public.
AB889,3,23
21(2) The commission shall promulgate rules requiring water utilities to
22establish water conservation programs. The rules may establish requirements and
23procedures for a water utility to do any or all of the following:
AB889,3,2524
(a) Identify goals for reducing per capita water use and communicating the
25goals to the public.
AB889,4,3
1(b) Develop and implement a program that provides monetary and other
2incentives to water users to reduce water use. The program may include proposed
3changes in rates that discourage the increased use of water.
AB889,4,94
(c) Develop and implement a demonstration program for reducing water use
5within water utility buildings. The demonstration program may include
6documentation of the water utility's prior water conservation efforts, audits of the
7water utility's water use, descriptions of opportunities for leak prevention and
8hardware retrofits, and documentation of water savings achieved through the
9program.
AB889,4,1110
(d) Develop water use profiles and demand forecasts for different classes of
11customers.
AB889,4,1412
(e) Develop a decision support tool incorporating qualitative and quantitative
13criteria for evaluating, ranking, and selecting water conservation measures that are
14appropriate for different classes of water customers.
AB889,4,1915
(f) Evaluate and design water conservation measures selected under par. (e).
16For measures that involve water control devices, the designs shall include the types
17and numbers of devices that are needed, the method for distributing and installing
18the devices, and the water savings that are anticipated to result from application of
19the devices.
AB889,4,2120
(g) Assess the costs and benefits of the measures selected under par. (e),
21including water utility cost savings.
AB889,4,2522
(h) Establish a schedule for implementing the measures selected under par. (e).
23The schedule may allow the measures to be implemented in phases based on factors
24including the ease of implementation, cost, customer willingness to participate, and
25the level of anticipated water conservation.
AB889,5,3
1(i) Prepare an environmental assessment before taking any proposed action
2that affects current or future water supplies and consider the results of the
3environmental assessment before taking the proposed action.
AB889,5,5
4(3) The commission's rules under sub. (2) may require a water utility to do any
5or all of the following:
AB889,5,76
(a) Consult with stakeholder groups and local government officials in
7developing the water conservation program.
AB889,5,118
(b) Conduct public outreach and educational activities on the water
9conservation program. The activities may include distributing information with
10water bills and at community events, developing public service announcements, and
11developing programs for broadcast on public access television channels.
AB889,5,1612
(c) Conduct an ongoing monitoring program to assess the effectiveness of the
13water conservation program and provide regular reports to the commission and
14annual reports to the public on the program's effectiveness. The monitoring program
15may address the impacts of the program on the water utility's revenues and the need,
16if any, for rate adjustments.
AB889,5,18
17(4) The commission shall promulgate rules that require a municipality that
18operates a water utility to do all of the following:
AB889,5,2119
(a) Prepare an environmental assessment before the municipality takes any
20proposed action that affects current or future water supplies and consider the results
21of the environmental assessment before taking the proposed action.
