196.372 Financial assistance for lead-containing customer-side water service lines.

(1) Definitions. In this section:

(a) “Customer-side water service line” means the portion of a water service line owned by a property owner.

(b) “Financial assistance” means a grant, loan, or combination thereof.

(c) “Utility-side water service line” means the portion of a water service line owned by a water public utility.

(2) Financial assistance. A water public utility may provide financial assistance to the owner of a property to which water utility service is provided for the purpose of assisting the owner in replacing customer-side water service lines containing lead if all of the following are satisfied:

(a) The city, town, or village in which the water public utility provides utility service to the property has enacted an ordinance that permits the water public utility to provide the financial assistance and requires each owner of a premises located in the city, town, or village that is serviced by a customer-side water service line containing lead to replace that customer-side water service line.

(b) The utility-side water service line and the water main pipe that are connected to the customer-side water service line meet one of the following conditions:

1. Do not contain lead.

2. The lead-containing portion of the utility-side water service line or water main pipe is replaced at the same time as the customer-side water service line is replaced.

(c) The commission has granted its approval under sub. (3).

(3) Commission approval.

(a) A water public utility seeking approval under sub. (2) (c) shall submit to the commission an application that includes a description of the proposed financial assistance, a description of the method for funding the financial assistance, a description of the customers served by the water public utility that would be eligible for financial assistance, and any other information relevant to the action requested by the commission.

(b) Upon receipt of a complete application, the commission shall investigate the application. The investigation may be with or without public hearing. If the commission conducts a public hearing, the public hearing shall be upon such notice as the commission may require.

(c) If a hearing is held on an application, the commission shall take final action on the application within 180 days after the commission issues a notice of hearing on the application. The chairperson of the commission may extend the time period for an additional 180 days for good cause. If the commission fails to take final action within the initial 180-day period, or the extended 180-day time period, the commission is considered to have granted its approval.

(d) If a hearing is not held on an application, the commission shall take final action on the application within 90 days after the commission issues a notice opening a docket on the application. The chairperson of the commission may extend the time period for an additional 90 days for good cause. If the commission fails to take final action within the initial 90-day period, or the extended 90-day time period, the commission is considered to have granted its approval.

(e)

1. Except as provided in subds. 2. and 3., if the commission finds that the actions described in the application are not unjust, unreasonable, or unfairly discriminatory, it shall grant its approval in writing.

2. The commission may not approve an application under subd. 1. unless the application satisfies all of the following conditions:

a. Grants that are provided as financial assistance to an owner are limited to no more than one-half of the total cost to the owner of replacing the customer-side water service line containing lead.

b. Any loan provided may not be forgiven by the water public utility or the municipality.

3. The commission may not approve an application under subd. 1. unless the application satisfies one of the following conditions:

a. If the water public utility intends to provide financial assistance as a percentage of the cost of replacing the customer-side water service line containing lead, that percentage is the same for each owner in a class of customers.

b. If the water public utility intends to provide financial assistance as a specific dollar amount, that dollar amount is the same for each owner in a class of customers.

History: 2017 a. 137.