SB64, s. 19 25Section 19. 182.0175 (2) (am) 6m. of the statutes is created to read:
SB64,7,3
1182.0175 (2) (am) 6m. Refrain from backfilling an excavation until an
2inspection is conducted and any necessary repairs have been made by the owner of
3the transmission facility.
SB64, s. 20 4Section 20. 182.0175 (2) (b) of the statutes is renumbered 182.0175 (2) (am)
52. and amended to read:
SB64,7,106 182.0175 (2) (am) 2. Every person who engages in In an emergency excavation
7or demolition shall
, take all reasonable precautions to avoid to the extent possible
8interference with existing transmission facilities in and near the construction
9excavation area and shall notify as promptly as possible the owners of transmission
10facilities which may be affected by the emergency excavation or demolition.
SB64, s. 21 11Section 21. 182.0175 (2) (bm) of the statutes is created to read:
SB64,7,1312 182.0175 (2) (bm) Notice. An excavation notice shall include all of the following
13information:
SB64,7,1414 1. The name of the person providing notice.
SB64,7,1515 2. The name, address and telephone number of the excavator.
SB64,7,1616 3. The specific location and description of the excavation area.
SB64,7,1717 4. A description of the intended excavation activity.
SB64,7,1818 5. The intended starting date of the excavation.
SB64, s. 22 19Section 22. 182.0175 (2) (c) and (d) of the statutes are repealed.
SB64, s. 23 20Section 23. 182.0175 (2) (e) of the statutes is renumbered 182.0175 (2m) (b)
21and amended to read:
SB64,8,1122 182.0175 (2m) (b) (title) Facilities marking. Every A person owning
23transmission facilities, upon receipt of an excavation notice under par. (a) 3., shall
24mark in a reasonable manner the locations of transmission facilities in the field so
25as
area described in the notice to enable the person engaged in excavation or

1demolition
excavator to locate the transmission facilities without endangering the
2security of such the facilities. The marking of facilities shall be accomplished
3completed within 3 working days after receipt of the notice, except or if notice is given
4more than 10 days before the excavation or demolition is scheduled to begin, marking
5need not shall be accomplished more than completed at least 3 working days before
6excavation or demolition is scheduled to begin. If the approximate location of an
7underground
a transmission facility is marked with paint, flags, stakes or other
8physical means, the following color coding of lines, cables or conduits shall be as
9follows except that color coding shall not be required for permanent markers
10required by state and federal codes
comply with the uniform color code adopted by
11the American National Standards Institute
:
SB64,8,1212 1. Electric power distribution and transmission: safety : red.
SB64,8,1513 2. Natural gas distribution and transmission, oil distribution and transmission
14and dangerous
Gas, oil, steam, petroleum or gaseous materials products lines: high
15visibility safety
: yellow.
SB64,8,1816 3. Telecommunications and telegraph systems Communications, cable
17television and police and fire communications: safety alert or alarm or signal
18systems:
orange.
SB64,8,1919 4. Water, irrigation or slurry systems: safety precaution blue.
SB64,8,2020 5. Sewer or drain systems: safety green.
SB64, s. 24 21Section 24. 182.0175 (2) (f) of the statutes is renumbered 182.0175 (2m) (c) and
22amended to read:
SB64,9,1123 182.0175 (2m) (c) (title) Facilities inspection and repair. Every person owning
24transmission facilities who receives a notice under par. (a) 6., (c) or (d) of possible
25damage
shall acknowledge receipt of the notice within 2 hours, shall inspect the

1facilities
for damage within 24 6 hours after receipt of the notice and repair any
2damage found as soon as practicable. Unless the owner of any transmission facility
3is notified pursuant to par. (a) 6., (c) or (d) or has knowledge of frequent damage to
4transmission facilities by a person doing emergency or nonemergency excavation or
5demolition, such
an excavator, the owner shall is not be responsible for or be required
6to make an inspection of its transmission facilities, nor shall the owner, in the
7absence of such notification or knowledge, be responsible for supervising in any
8manner the excavation or demolition work. Upon the giving of notice pursuant to
9par. (a) 6., (c) or (d) the person performing the demolition or excavation shall refrain
10from backfilling until an inspection and any necessary repairs are made by the owner
11of the transmission facilities
.
SB64, s. 25 12Section 25. 182.0175 (2m) (title) and (a) of the statutes are created to read:
SB64,9,1413 182.0175 (2m) (title) Transmission facilities owner requirements. (a)
14Responsibilities. A transmission facilities owner shall do all of the following:
SB64,9,1715 1. Respond to a planning notice within 10 days after receipt of the notice by
16conducting field markings, providing records and taking other appropriate
17responses.
SB64,9,2018 2. Respond to an excavation notice within 3 working days by marking the
19location of transmission facilities as provided under par. (b) in the area described in
20the excavation notice.
SB64, s. 26 21Section 26. 182.0175 (3) of the statutes is renumbered 182.0175 (3) (a) and
22amended to read:
SB64,9,2523 182.0175 (3) (a) (title) Forfeitures. Any person who wilfully and knowingly fails
24to comply with
violates this section, except sub. (2) (e), shall may be required to forfeit
25$1,000 for each such failure, provided that if the failure to comply results in damage

1to any transmission facility, the forfeiture shall be $2,000
offense. Each day that
2failure to comply persists is
of continued violation constitutes a separate offense. All
3actions to recover penalties under this section shall be brought in circuit court by the
4district attorney.
SB64, s. 27 5Section 27. 182.0175 (3) (b) of the statutes is created to read:
SB64,10,106 182.0175 (3) (b) Misdemeanor. Whoever intentionally removes, moves or
7obliterates a transmission facilities marking placed by the transmission facilities
8owner may be fined not more than $500 or imprisoned for not more than 30 days or
9both. This paragraph does not apply to an excavator who removes, moves or
10obliterates markings during an excavation.
SB64, s. 28 11Section 28. 182.0175 (4) of the statutes is amended to read:
SB64,10,1412 182.0175 (4) Right of action. This section shall not release or waive or
13otherwise
affect any right of action, forfeiture or penalty which the this state or any
14person has or may have.
SB64, s. 29 15Section 29. 182.0175 (5) of the statutes is amended to read:
SB64,11,216 182.0175 (5) Right to injunction. If any person engages in or is likely to
17engage in excavation or demolition contrary to the provisions of inconsistent with
18this section, and which results or is likely to result in damage to transmission
19facilities, the person who owns or operates such the facilities may seek injunctive
20relief in the circuit court for Dane the county or in any other court of competent
21jurisdiction
in which the transmission facilities are located. If the transmission
22facilities are owned or operated by a public utility as defined in s. 196.01 (5),
23including a telecommunications carrier, as defined in s. 196.01 (8m), and the public
24utility does not seek injunctive relief, the attorney general, upon request of the public
25service commission, shall seek injunctive relief in the circuit court for Dane the

1county or in any other court of competent jurisdiction in which the transmission
2facilities are located
.
SB64, s. 30 3Section 30. Initial applicability.
SB64,11,4 4(1)  This act first applies to notices given on the effective date of this subsection.
SB64, s. 31 5Section 31. Effective date.
SB64,11,7 6(1) This act takes effect on the first day of the 7th month beginning after
7publication.
SB64,11,88 (End)
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