Wisconsin 2023-2024 Regular Session Status: To Executive 7 R cosponsors

SB 49 — Relating to: restricting local regulation of utility service based on the type or source of energy. (FE)

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Tony Evers (Democratic) on August 07, 2023.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

33 added · 64 removed

Plain-language change summary

In the updated version of Senate Bill 49, the main change is the creation of a new statute that prevents state agencies and local governments from regulating utility services based on the type or source of energy. This means that no restrictions can be placed on the connection of energy services—like electricity or gas—based on whether they come from renewable sources or traditional fossil fuels. This change matters because it aims to provide uniformity in energy service regulations, but it also raises concerns about the ability to promote cleaner energy and reduce greenhouse gas emissions at the local level.

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- 2024 LEGISLATURE LRB-1949/1 SWB:cdc SENATE BILL 49 February 14, 2023 - Introduced by Senators B RADLEY , EYEN , NASS, STROEBEL, T ESTIN, TOMCZYK , W ANGGAARD and W IMBERGER , cosponsored by Representatives K NODL, TEFFEN , RMSTRONG , BEHNKE , RANDTJEN , ALLMAN , D ITTRICH, ONOVAN , DUCHOW , GUNDRUM , ITCHENS , KURTZ, MACCO , MURPHY, M URSAU , RETTINGER, R ODRIGUEZ, ROZAR , SNYDER, SORTWELL , SWEARINGEN , T ITT, TUSLER and Z IMMERMAN .
Date of enactment:
Referred to Committee on Utilities and Technology.
Senate Bill 49 Date of publication*:
A N A CT to create 66.04045 of the statutes;
WISCONSIN ACT A N A CT to create20.932 of the statutes;
restricting local regulation of utility service based on the type or source of energy.
restricting state agencies and political subdivisions from regula- tion 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 people of the state of Wisconsin, represented in 2.
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.
Service to supply liquified petroleum gas for the senate and assembly, do enact as follows:
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;
property of an individual or entity by a retailer, as defined under s.
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.
101.16 (1) (d).
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:
20.932 of the statutes is created to read:
66.04045 Limitations on regulation of utility services.
(2) A UTHORITY TO RESTRICT SYSTEMS LIMITED.
(a) No 20.932 Limitations on regulation of utility ser- state agency or political subdivision may do any of the vices.
- 2024 Legislature - 2 - LRB-1949/1 SWB:cdc SENATE BILL 49 S ECTION 1 (a) “Greenhouse gas” has the meaning given in s.
following:
285.78 (1) (c).
(a) “Electric cooperative” means a cooperative asso- 1.
(b) “Political subdivision” means a city, village, town, or county.
Place any restriction, either directly or in effect, on the connection or reconnection of a utility service based ciation organized under ch.
(c) “Public utility” has the meaning given in s.
185 for the purpose of pro- upon the type or source of energy to be delivered to a con- ducing or furnishing heat, light, power, or water to its sumer.
196.01 (5).
members only.
(d) “Utility service” means any of the following:
(b) “Greenhouse gas” has the meaning given in s.
1.
Service, including electric, manufactured gas, liquefied petroleum gas, natural gas, hydrogen, fuel oil, a renewable source, or any other source, supplied by a public utility that is capable of providing and authorized to provide the service for the property of an individual or entity.
Service to supply liquified petroleum gas for the property of an individual or entity by a retailer, as defined under s.
Discriminate against a public utility, electric coop- 285.78 (1) (c).
101.16 (1) (d).
erative, or retailer, as defined under s.
(2) A UTHORITY TO RESTRICT SYSTEMS LIMITE(a) No political subdivision may do any of the following:
101.16 (1) (d), (c) “Political subdivision” means a city, village, based in whole or in part on the nature or source of the utility service provided for a consumer.
town, or county.
(b) Thissection does not affect the authority of a state (d) “Public utility” has the meaning given in s.
196.01 agency or a political subdivision to do any of the follow- (5).
ing:
(e) “Utility service” means any of the following:
Place any restriction, either directly or in effect, on the connection or reconnection of a utility service based upon the type or source of energy to be delivered to an individual consumer within the political subdivision.
2.
Discriminate against a public utility or a retailer, as defined under s.
101.16 (1) (d), based in whole or in part on the nature or source of the utility service provided for an individual consumer within the political subdivision.
(b) This section does not affect the authority of a political subdivision to do any of the following:
1.
2.
1.
Take steps designed to reduce greenhouse gas emissions from facilities and operations of the political subdivision, including purchasing renewable energy.
Service, including electric, manufactured gas, liq- uefied petroleum gas, natural gas, hydrogen, fuel oil, a 2.
LRB-1949/1 - 2024 Legislature - 3 - SWB:cdc SECTION 1 SENATE BILL 49 (c) Nothing in this section shall affect the approval requirements established under s.
Take steps designed to reduce greenhouse gas emissions from facilities and operations of the state renewable source, or any other source, supplied by a pub- agency or political subdivision, including purchasing lic utility or electric cooperative that is capable of provid- renewable energy.
ing and authorized to provide the service for the property (c) Nothing in this section shall affect the approval of an individual or entity.
requirements established under s.
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(END)
* Section 991.11,ISCONSINSTATUTES:
Effective date of acts.
“Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
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Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-14-2024 pursuant to Joint Rule 82 (2)(a)

  3. Referred to committee on Rules

  4. Received from Senate passed notwithstanding the objections of the Governor

  5. Ordered immediately messaged

  6. Passed notwithstanding the objections of the Governor, Ayes 22, Noes 11

  7. Placed on calendar 9-14-2023 by committee on Senate Organization

  8. Report vetoed by the Governor on 8-4-2023

  9. Presented to the Governor on 8-2-2023

  10. Report correctly enrolled

  11. Received from Assembly concurred in

  12. Ordered immediately messaged

  13. Read a third time and concurred in

  14. Rules suspended

  15. Ordered to a third reading

  16. Read a second time

  17. Rules suspended to withdraw from calendar and take up

  18. Representative O'Connor added as a cosponsor

  19. Placed on calendar 6-21-2023 by Committee on Rules

  20. Read first time and referred to committee on Rules

  21. Received from Senate

  22. Ordered immediately messaged

  23. Read a third time and passed, Ayes 22, Noes 11

  24. Rules suspended to give bill its third reading

  25. Ordered to a third reading

  26. Senate Substitute Amendment 1 adopted

  27. Read a second time

  28. Placed on calendar 6-7-2023 pursuant to Senate Rule 18(1)

  29. Available for scheduling

  30. Report passage as amended recommended by Committee on Utilities and Technology, Ayes 3, Noes 2

  31. Report adoption of Senate Substitute Amendment 1 recommended by Committee on Utilities and Technology, Ayes 3, Noes 2

  32. Executive action taken

  33. Public hearing held

  34. Senate Substitute Amendment 1 offered by Senator Bradley

  35. Senate Amendment 1 offered by Senator Bradley

  36. Fiscal estimate received

  37. Read first time and referred to Committee on Utilities and Technology

  38. Introduced by Senators Bradley, Feyen, Nass, Stroebel, 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

Sponsors

Sponsorship breakdown

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8 sponsors · 0 co-sponsors · 124 not signed on · 9 voted No

Sponsors (8)

Co-sponsors (0)

None.

Not signed on (124)

124 members have not signed on to this bill.

Show all 124 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASS NOTWITHSTANDING OBJECTIONS OF GOVERNOR

Passed 22 Yea · 11 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Republican 19000
Democrat 0900
Total 221100
% of votes cast 67%33%0%0%
How each member voted (33)
Member Party Vote
BALLWEG — Yea
STROEBEL — Yea
COWLES — Yea
AGARD — Nay
JOHNSON — Nay
Carpenter, Tim Democrat Nay
Hesselbein, Dianne Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Spreitzer, Mark Democrat Nay
Taylor, Sequanna Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Cabral-Guevara, Rachael Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kapenga, Chris Republican Yea
Knodl, Daniel Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Quinn, Romaine Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Tomczyk, Cory Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

PASSAGE

Passed 22 Yea · 11 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Republican 19000
Democrat 0900
Total 221100
% of votes cast 67%33%0%0%
How each member voted (33)
Member Party Vote
BALLWEG — Yea
STROEBEL — Yea
COWLES — Yea
AGARD — Nay
JOHNSON — Nay
Carpenter, Tim Democrat Nay
Hesselbein, Dianne Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Spreitzer, Mark Democrat Nay
Taylor, Sequanna Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Cabral-Guevara, Rachael Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kapenga, Chris Republican Yea
Knodl, Daniel Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Quinn, Romaine Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Tomczyk, Cory Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

Subjects

public-safety energy
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Frequently asked questions

Who sponsors SB 49?
SB 49 is sponsored by Bradley, Julian (Republican), Feyen, Dan (Republican), Nass, Steve (Republican), Stroebel, Testin, Patrick (Republican), Tomczyk, Cory (Republican), Wanggaard, Van (Republican), and Wimberger, Eric (Republican).
What is the current status of SB 49?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 49?
Track SB 49 free on One Click Politics — get push/email alerts when it moves.

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