1995 - 1996 LEGISLATURE
March 13, 1996 - Offered by Committee on Environment and Utilities.
AB966-ASA1,1,3 1An Act to renumber and amend 196.745 (1); to amend 196.745 (2) (a), 196.745
2(2) (c) 1. and 196.745 (3); and to create 196.745 (1) (b) of the statutes; relating
facilities for the production, transmission or distribution of gas.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB966-ASA1, s. 1 4Section 1. 196.745 (1) of the statutes is renumbered 196.745 (1) (a) and
5amended to read:
AB966-ASA1,2,36 196.745 (1) (a) Each public utility which A person who owns, operates,
7manages or controls any facility for the production, transmission or distribution of
8gas shall construct, operate and maintain the facility in a reasonably adequate and
9safe manner. The Except as provided in par. (b), the commission may issue orders
10or rules, after holding a hearing, requiring the construction and operation of the
11facility to be safe, and may revise the orders or rules as required to promote public
12safety. Upon Except as provided under par. (b), upon complaint to the commission
13that a facility of a public utility is unsafe, the commission may proceed under s.
14196.26 or 196.28 (1). Sections 196.26 and 196.28 (1), as they apply to a public utility,

1apply to a person under this subsection.
After holding a hearing the commission
2shall order any alteration in construction, maintenance or operation required in the
3interest of public safety.
AB966-ASA1, s. 2 4Section 2. 196.745 (1) (b) of the statutes is created to read:
AB966-ASA1,2,65 196.745 (1) (b) Paragraph (a) does not authorize the commission to do any of
6the following:
AB966-ASA1,2,97 1. Issue an order or rule regarding the construction and operation of, or proceed
8under s. 196.26 or 196.28 (1) against, a propane gas distribution system that is not
9a public utility.
AB966-ASA1,2,1110 2. Unless specifically authorized by the federal department of transportation,
11proceed against an interstate pipeline company under s. 196.26 or 196.28 (1).
AB966-ASA1,2,1312 3. Issue an order or rule requiring prior approval for the construction of a
13facility for the production, transmission or distribution of gas.
AB966-ASA1, s. 3 14Section 3. 196.745 (2) (a) of the statutes is amended to read:
AB966-ASA1,2,1915 196.745 (2) (a) Any person violating sub. (1) (a), or any order or rule issued
16under sub. (1) (a), shall forfeit an amount not exceeding $25,000. Each day of
17violation is a separate violation of sub. (1) (a). No person may forfeit an amount
18exceeding $500,000 for a single persisting violation of sub. (1) (a) or any order or any
19rule issued under sub. (1) (a).
AB966-ASA1, s. 4 20Section 4. 196.745 (2) (c) 1. of the statutes is amended to read:
AB966-ASA1,2,2221 196.745 (2) (c) 1. The appropriateness of the forfeiture to the size of the
22business violating sub. (1) (a).
AB966-ASA1, s. 5 23Section 5. 196.745 (3) of the statutes is amended to read:
AB966-ASA1,3,824 196.745 (3) The commission may seek injunctive relief for a violation of sub.
25(1) (a) or any order or rule issued under sub. (1) (a). The commission shall notify any

1person against whom the commission contemplates taking an action. The
2commission shall allow the person to present his or her views and shall give the
3person a reasonable opportunity to achieve compliance unless the person knowingly
4and wilfully violates sub. (1) (a) or any order or rule issued under sub. (1) (a). The
5failure of the commission to give notice and opportunity to comply shall not preclude
6the granting of appropriate relief. The circuit court for Dane county has jurisdiction
7under s. 196.44 (3) to enforce sub. (1) (a) and to grant injunctive relief under this