136,2e Section 2e. 20.155 (3) (rm) of the statutes, as created by 2017 Wisconsin Act 59, is amended to read:
20.155 (3) (rm) Broadband grants; other funding. From the universal service fund, as a continuing appropriation, all moneys transferred under s. 196.218 (3) (a) 2s. b., for broadband expansion grants under s. 196.504. Notwithstanding s. 20.001 (3) (c), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under sub. (3) (r).
136,2h Section 2h. 20.255 (1) (q) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:
20.255 (1) (q) Digital learning collaborative. From the universal service fund, the amounts in the schedule for a digital learning collaborative for the statewide web academy and for the delivery of digital content and collaborative instruction under s. 115.28 (53) and (54). Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.155 (3) (r).
136,2L Section 2L. 20.255 (3) (q) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:
20.255 (3) (q) Periodical and reference information databases; Newsline for the Blind. From the universal service fund, the amounts in the schedule for the Newsline for the Blind, provided by the Regional Library for the Blind and Physically Handicapped, and to contract for periodical and reference information databases under s. 115.28 (26). Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.155 (3) (r).
136,2m Section 2m. 20.255 (3) (qm) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:
20.255 (3) (qm) Aid to public library systems. From the universal service fund, the amounts in the schedule for state aid to public library systems under s. 43.24. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.155 (3) (r).
136,2o Section 2o. 20.255 (3) (r) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:
20.255 (3) (r) Library service contracts. From the universal service fund, the amounts in the schedule for library service contracts under s. 43.03 (6) and (7). Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.155 (3) (r).
136,2r Section 2r. 20.285 (1) (q) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:
20.285 (1) (q) Telecommunications services. From the universal service fund, the amounts in the schedule to provide telecommunications services as specified in s. 196.218 (5) (a) 6. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.155 (3) (r).
136,2u Section 2u. 20.505 (4) (s) of the statutes is amended to read:
20.505 (4) (s) Telecommunications access for educational agencies, infrastructure grants, and teacher training grants. Biennially, from the universal service fund, the amounts in the schedule to make payments to telecommunications providers under contracts under s. 16.971 (13), (14), and (15) to the extent that the amounts due are not paid from the appropriation under sub. (1) (is), to make payments to telecommunications providers under contracts under s. 16.971 (16) to the extent that the amounts due are not paid from the appropriation under sub. (1) (kL), to make grants to school district consortia under s. 16.997 (7), to make information technology infrastructure grants under s. 16.9945, and to make educational technology teacher training grants under s. 16.996. Notwithstanding s. 20.001 (3) (b), the unencumbered balance on June 30 of each odd-numbered year shall be transferred to the appropriation account under s. 20.155 (3) (r).
136,2y Section 2y. 20.505 (4) (s) of the statutes, as affected by 2017 Wisconsin Acts 59 and .... (this act), is repealed and recreated to read:
20.505 (4) (s) Telecommunications access for educational agencies, infrastructure grants, and teacher training grants. Biennially, from the universal service fund, the amounts in the schedule to make payments to telecommunications providers under contracts under s. 16.971 (13), (14), and (15) to the extent that the amounts due are not paid from the appropriation under sub. (1) (is), to make payments to telecommunications providers under contracts under s. 16.971 (16) to the extent that the amounts due are not paid from the appropriation under sub. (1) (kL), to make grants to school district consortia under s. 16.997 (7), and to make educational technology teacher training grants under s. 16.996.
136,3 Section 3. 26.03 (1v) (b) of the statutes is amended to read:
26.03 (1v) (b) An electric cooperative, as defined in s. 196.025 (5) (ag) 101.80 (1g).
136,4 Section 4. 59.693 (11) of the statutes is created to read:
59.693 (11) Utility facilities. (a) In this subsection, “facility" means any property or equipment of a public utility, as defined in s. 196.01 (5), or a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, or power to its members only, that is used for the transmission, delivery, or furnishing of natural gas, heat, light, or power.
(b) The construction and maintenance of a facility is considered to satisfy the requirements of this section and any county ordinance enacted under this section if any of the following applies:
1. The department has issued all required permits or approvals authorizing the construction or maintenance under ch. 30, 31, 281, or 283.
2. No department permit or approval under subd. 1. is required for the construction or maintenance and the construction or maintenance is conducted in a manner that employs best management practices to infiltrate or otherwise control storm water runoff from the facility.
136,5 Section 5. 101.80 (1g) of the statutes is amended to read:
101.80 (1g) “Electric cooperative" has the meaning given in s. 196.025 (5) (ag) means a cooperative association organized under ch. 185 for the purpose of generating, distributing, or furnishing electric energy at retail or wholesale to its members only.
136,6 Section 6. 182.0175 (1) (aa) of the statutes is created to read:
182.0175 (1) (aa) “Agricultural activity” has the meaning given in s. 101.10 (1) (a).
136,7 Section 7. 182.0175 (1) (ab) of the statutes is created to read:
182.0175 (1) (ab) “Commission” means the public service commission.
136,8 Section 8. 182.0175 (1) (ac) of the statutes is created to read:
182.0175 (1) (ac) “Complainant” means a person who files a complaint under sub. (3) (bg) 1. or 2.
136,9 Section 9. 182.0175 (1) (ag) of the statutes is created to read:
182.0175 (1) (ag) “Damage prevention fund" means the fund established under sub. (1m) (d) 11.
136,10 Section 10. 182.0175 (1) (bq) of the statutes is created to read:
182.0175 (1) (bq) “One-call system" means the system established under sub. (1m) (a).
136,11 Section 11. 182.0175 (1) (br) of the statutes is created to read:
182.0175 (1) (br) “Panel" means the panel appointed under sub. (1m) (d) 8.
136,12 Section 12. 182.0175 (1) (bt) of the statutes is renumbered 182.0175 (1) (bo).
136,13 Section 13. 182.0175 (1) (bv) of the statutes is renumbered 182.0175 (1) (bx).
136,14 Section 14. 182.0175 (1) (bw) of the statutes is created to read:
182.0175 (1) (bw) “Political subdivision” means a city, village, town, or county.
136,15 Section 15. 182.0175 (1) (by) of the statutes is created to read:
182.0175 (1) (by) “Respondent” means a person or a person's agent who is alleged in a complaint filed under sub. (3) (bg) 1. or 2. to have taken an action that the person or agent knew or should have known was in violation of this section.
136,16 Section 16. 182.0175 (1) (bz) of the statutes is created to read:
182.0175 (1) (bz) “State agency” has the meaning given in s. 16.004 (12) (a).
136,17 Section 17. 182.0175 (1m) (d) 8. to 12. of the statutes are created to read:
182.0175 (1m) (d) 8. Appoint a panel consisting of the following 7 members to carry out the duties specified in sub. (3) (bg) and (br):
a. Two transmission facility owners.
b. Two excavators.
c. One employee of the operational center established under par. (a).
d. One member who represents the interests of a political subdivision.
e. One person employed as an underground line locator.
9. Establish policies, procedures, and forms as necessary to implement the requirements under sub. (3) (bg) and (br).
10. Provide for the production and administration of the educational course under sub. (3) (br) 4.
11. Establish and maintain a damage prevention fund consisting of fees under sub. (3) (br) 4. and (c) 5. and surcharges under sub. (3) (d) 2.
12. Use the damage prevention fund at the one-call system's discretion to pay the cost of producing and administering the educational course under sub. (3) (br) 4. or providing for public outreach and underground utility damage prevention awareness programs.
136,18 Section 18. 182.0175 (2) (am) (title) of the statutes is amended to read:
182.0175 (2) (am) (title) Excavation notice and other duties.
136,19 Section 19. 182.0175 (2) (am) 3. of the statutes is renumbered 182.0175 (2) (as) 1. and amended to read:
182.0175 (2) (as) 1. Maintain An excavator shall maintain an estimated minimum clearance of 18 inches between a marking for an unexposed underground transmission facility that is marked under sub. (2m) and the cutting edge or point of any power-operated excavating or earth moving earthmoving equipment, except as is necessary at the beginning of the excavation process to penetrate and remove the surface layer of pavement.
2. When the an underground transmission facility becomes exposed or if the a transmission facility is already exposed, the excavator may reduce the clearance to 2 times the known limit of control of the cutting edge or point of the equipment or 12 inches, whichever is greater.
136,20 Section 20. 182.0175 (2) (am) 7. of the statutes is amended to read:
182.0175 (2) (am) 7. Immediately notify the owner of a transmission facility if an inspection reveals that the transmission facility has been or may have been struck, damaged, dislocated, or disrupted and, if flammable, toxic, or corrosive gas or liquid has escaped that may endanger life, cause bodily harm, or result in damage to property, promptly make a report to the 911 emergency telephone number.
136,21 Section 21. 182.0175 (2) (as) (title) of the statutes is created to read:
182.0175 (2) (as) (title) Minimum clearance.
136,22 Section 22. 182.0175 (2) (bm) (title) of the statutes is amended to read:
182.0175 (2) (bm) (title) Notice contents.
136,23 Section 23. 182.0175 (2m) (b) (intro.) of the statutes is amended to read:
182.0175 (2m) (b) Facilities marking. (intro.) A person owning transmission facilities, upon receipt of an excavation notice, shall mark in a reasonable manner the locations of transmission facilities at the area described in the notice to enable the excavator to locate the transmission facilities without endangering the security of the facilities or the public. For purposes of this paragraph, transmission facilities are marked in a reasonable manner if the owner of the transmission facilities locates and marks the transmission facilities to a level of accuracy and precision consistent with national standards. Except as provided in par. (bm), if the person is a local governmental unit and if the excavation notice relates to sewer or water facilities owned by the local governmental unit, the local governmental unit shall also mark the locations within the public right-of-way of all laterals connected to the sewer or water facilities at the area described in the notice. The marking of facilities shall be completed within 3 working days after receipt of the notice, or if notice is given more than 10 days before excavation is scheduled to begin, marking shall be completed at least 3 working days before excavation is scheduled to begin. If the approximate location of a transmission facility is marked with paint, flags, stakes or other physical means, the following color coding of lines, cables or conduits shall comply with the uniform color code adopted by the American National Standards Institute:
136,24 Section 24. 182.0175 (3) (title) of the statutes is repealed and recreated to read:
182.0175 (3) (title) Enforcement for natural gas and other hazardous materials.
136,25 Section 25. 182.0175 (3) (a) (title) of the statutes is renumbered 182.0175 (3) (d) (title) and amended to read:
182.0175 (3) (d) (title) Forfeitures ; surcharges.
136,26 Section 26. 182.0175 (3) (a) of the statutes is renumbered 182.0175 (3) (d) 1. and amended to read:
182.0175 (3) (d) 1. Any In a consent agreement under par. (c) 2. or order issued under par. (c) 4., the commission may directly assess a forfeiture of no more than $25,000 for each violation of this section against a person who willfully and knowingly violates knew or should have known that the person's action was in violation of this section may be required to forfeit $2,000 for each offense. Each day of continued violation constitutes a separate offense violation. No person may be required by the commission to forfeit an amount exceeding $500,000 for a single persisting violation. The commission shall remit the forfeitures to the secretary of administration for deposit in the school fund. No other forfeiture may be imposed for violating this section.
136,27 Section 27. 182.0175 (3) (b) of the statutes is renumbered 182.0175 (3r) and amended to read:
182.0175 (3r) Misdemeanor. Whoever intentionally removes, moves, or obliterates a transmission facilities marking placed by the transmission facilities owner may be fined not more than $500 or imprisoned for not more than 30 days or both. This paragraph subsection does not apply to an excavator who removes or obliterates markings during an excavation.
136,28 Section 28. 182.0175 (3) (bc), (bg), (br) and (c) of the statutes are created to read:
182.0175 (3) (bc) Applicability. 1. This subsection applies to violations involving transmission facilities that transport natural gas or other hazardous materials.
2. Except as provided in subd. 3., this subsection does not apply to violations by any of the following:
a. A residential property owner or tenant whose violation of this section results from an excavation on property owned or leased by the residential property owner or tenant.
b. A person whose violation of this section results from an excavation performed while the person is engaged in an agricultural activity.
3. Subdivision 2. does not apply to an excavation performed by or on behalf of a person engaged in the business of performing excavations for the public.
(bg) Complaints. 1. Except as provided in subd. 4., any of the following may file a written complaint with the panel that a person other than a state agency has taken an action that the person knew or should have known was in violation of this section:
a. The one-call system.
b. The department of transportation or a political subdivision, if property under the jurisdiction of the department or political subdivision is affected by an alleged violation of this section.
c. A transmission facility owner, excavator, or underground line locator whose property or activities are affected by an alleged violation of this section.
2. Except as provide in subd. 4., a person specified in subd. 1. a. to c. may file a written complaint with the commission that a state agency has taken an action that the state agency knew or should have known was in violation of this section. If the complaint also involves a respondent that is not a state agency, the commission may consider and determine the complaint against each respondent separately and at such times as the commission prescribes.
3. A written complaint under subd. 1. or 2. shall include all of the following
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