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March 5, 2024
Wisconsin is poised to make significant strides in two critical areas: electric vehicle (EV) infrastructure expansion and consumer data protection.
Through bipartisan efforts and strategic legislation, the state aims to unlock federal funding for EV charging stations and enhance consumer privacy rights.
What do these mean?
Let’s delve into the key bills driving these initiatives forward.
EV charging stations & infrastructure: AB 846 / SB 791 / AB 847 / SB 792
In a landmark bipartisan move, Wisconsin legislators have rallied behind bills designed to tap into $78 million in federal funding earmarked for EV charging infrastructure expansion as part of the National Electric Vehicle Infrastructure (NEVI) program.
Intending to establish a network of electric vehicle charging stations every 50 miles along major state highways, these bills represent a crucial step toward fostering more widespread EV adoption by increasing EV charging availability and reducing EV range anxiety.
One of the primary hurdles addressed by the new legislation is that under current law in Wisconsin, only regulated utilities can charge for electricity.
Federal requirements for NEVI funding stipulate EV charging stations must charge customers by the kilowatt-hour, rather than by the amount of time an EV is plugged in.
The new law would exempt businesses that provide electricity by the kilowatt-hour through an EV charging station from being regulated as a public utility.
By allowing private businesses to own and operate vehicle charging stations and charge by the kilowatt-hour, the legislation facilitates a more diverse and accessible charging network across the state.
The bills also allow the Wisconsin Department of Transportation to establish and administer a program to provide federal NEVI funding for electric vehicle infrastructure projects.
Under the program, federal funding would be available for up to 80% of eligible project costs, including the acquisition, installation and network connection of the EV charging station.
The remaining 20% of the funding would be provided by the private business.
Significantly, wide-scale, retail EV charging represents an entirely new industry in Wisconsin, and these bills will allow private sector businesses to provide a service to consumers that meets an ever-increasing demand in the marketplace.
The proposed legislation has garnered significant support from stakeholders in both the private and public sectors, including retailers, utilities, co-ops, renewable energy groups, local governments and road builders.
Kwik Trip, Tesla and the Wisconsin Grocers Association are among the various stakeholders who have contributed to and support the bills.
The passage of these landmark bills in Wisconsin could herald a new era of opportunity and progress for both businesses and consumers alike.
By tapping into federal funding and streamlining regulations, the state is poised to establish a robust network of EV charging stations, providing enhanced convenience and accessibility for consumers and facilitating greater EV adoption.
Consumer data protection: AB 466 / SB 642
In an era marked by heightened concerns over data privacy, Wisconsin lawmakers have introduced legislation aimed at fortifying consumer protections in the digital realm.
The bills, collectively known as the Wisconsin Data Privacy Act (WDPA), seek to empower individuals with greater control over their data — particularly targeting companies that handle sensitive information on a large scale.
Under the WDPA, entities holding personal data of at least 100,000 individuals must adhere to stringent guidelines concerning data processing and consumer rights.
Defined broadly, “personal data” encompasses any information reasonably linkable to an individual, excluding publicly available data.
Key provisions of the bill grant consumers a range of rights, including the right to inquire and confirm if an entity is maintaining or processing the consumer’s data and the ability to access, correct and request deletion of their data.
Moreover, individuals can opt out of targeted advertising and the sale of their data, while also gaining recourse against certain forms of automated data processing.
For businesses, the WDPA will necessitate a review of their data collection and processing programs to ensure compliance with new standards and obligations, including the requirement to implement data processing agreements, provide privacy notices and perform data protection assessments.
Notably, the WDPA also requires companies to obtain consent to process sensitive data, which includes personal data that reveals race, ethnicity, religion, sexual orientation, citizenship status, and mental or physical health diagnosis.
Crucially, the legislation imposes obligations on companies who process and control personal data to respond promptly to consumer requests, with provisions for remediation and potential fines for non-compliance.
The WDPA empowers the Wisconsin Department of Justice to enforce these regulations and penalize violators with penalties of up to $7,500 per violation, underscoring Wisconsin’s commitment to safeguarding consumer privacy in the digital age.
If enacted, the WDPA would place Wisconsin alongside 14 other states to have enacted similar data privacy laws in recent years and usher in a new era of digital accountability and transparency.
Though the WDPA creates new obligations for businesses, consumers in Wisconsin stand to gain greater control over their personal information and robust rights and protections to safeguard their privacy.
