Senate Bill 791

Exemptions from public utility regulation regarding electric vehicle charging stations, installation and operation of electric vehicle charging stations by state agencies or local governmental units, and imposing an excise tax on electric vehicle charging. (FE)

Became law

The governor signed it on Mar 20, 2024. It's ⁠.

Introduced, passed

Dec 8, 2023
Committee, passed

Approved
Senate vote, passed

Passed Jan 16, 2024
Assembly vote, passed

Passed Feb 22, 2024
Governor, passed

Signed
Law, here now

2023 Wisconsin Act 121

Latest entry in the official record, Mar 20, 2024: “Published 3-21-2024”

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Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

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Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill exempts from regulation as a public utility a person who supplies electricity through an electric vehicle charging station to electric vehicles, if all of the electricity supplied is provided by the person's electric utility or retail electric cooperative. Under current law, a person who directly or indirectly provides electricity to the public is regulated as a public utility by the Public Service Commission.

The bill also prohibits a local governmental unit that does not operate an electric utility from owning, operating, managing, or leasing an electric vehicle charging station at which Level 1 or Level 2 chargers are available to the public, unless all Level 1 or Level 2 charges are available for public use free of any charge.

Read the full summary

However, the bill also allows a local governmental unit to own, operate, manage, or lease an electric vehicle charging station containing a Level 1, Level 2, or Level 3 charger if the charger is not available to the public and is used solely to charge vehicles owned or leased by the local governmental unit. A local governmental unit may also authorize another person to own and operate an electric vehicle charging station available to the public on its property. Under the bill, a municipal electric utility may own and operate an electric vehicle charging station that is available to the public and may charge a fee for its use if no tax revenue subsidizes the charging station and if no revenue generated by the charging station is transferred to the general fund of the municipality that owns the municipal electric utility.

Also, under the bill, a state agency is prohibited from owning, operating, managing, or leasing an electric vehicle charging station containing a Level 1, Level 2, or Level 3 charger unless the charger is not available to the public and is used solely to charge vehicles owned or leased by a state agency.

The bill also imposes an excise tax on electric vehicle charging. The tax is imposed at a rate of 3 cents per kilowatt-hour on the electricity delivered or placed, for compensation, by an electric vehicle charging station into the battery or other energy storage device of an electric vehicle. The tax does not apply to electricity delivered or placed for no charge or by an electric vehicle charging station located at a residence. Under the bill, a “residence” is a place where a person resides permanently or temporarily, except for a hotel. Any person who, for compensation, delivers or places electricity from an electric vehicle charging station, other than an electric vehicle charging station located at a residence, owned, operated, managed, or leased by the person into the battery or other energy storage device of an electric vehicle must obtain a permit from the Department of Revenue. DOR enforces and collects the tax, and must deposit all of the revenue that it collects from the tax into the transportation fund. The bill also exempts the sale of electricity delivered or placed by an electric vehicle charging station into the battery or other energy storage device of an electric vehicle from the sales and use tax.

Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.

Who's behind it

9 lawmakers are its ⁠. 8 are Republicans and 1 is a Democrat.

14 more lawmakers ⁠.

See all 23 names

Authors (9)

Joan Ballweg · Republican, Senate
Julian Bradley · Republican, Senate
Mary Felzkowski · Republican, Senate
Dan Knodl · Republican, Assembly
Howard Marklein · Republican, Senate
Romaine Quinn · Republican, Senate
Rob Stafsholt · Republican, Senate
Lena Taylor · Democrat, Senate
Patrick Testin · Republican, Senate

Signed on in support (14)

Deb Andraca · Democrat, Assembly
Janel Brandtjen · Republican, Assembly
Cindi Duchow · Republican, Assembly
Joy Goeben · Republican, Assembly
Chanz Green · Republican, Assembly
Rick Gundrum · Republican, Assembly
Gus Gustafson · Republican, Assembly
Karen Hurd · Republican, Assembly
Jeff Mursau · Republican, Assembly
Loren Oldenburg · Republican, Assembly
Kevin Petersen · Republican, Assembly
Lisa Subeck · Democrat, Assembly
Travis Tranel · Republican, Assembly
Nancy VanderMeer · Republican, Assembly

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.