3. If the PSC executes a consent agreement or issues an order against a
respondent, the bill allows the PSC to assess the respondent for the PSC's expenses.
4. The bill requires excavators to promptly make a report to the 911 emergency
telephone number upon discovering that flammable, toxic, or corrosive gas or liquid
that may endanger life, cause bodily harm, or result in damage to property has
escaped from damaged transmission facilities.
Sulfur dioxide compliance plans
The bill eliminates the requirement that major energy utilities submit an
annual plan for complying with sulfur dioxide emission rates to the PSC and the
Department of Natural Resources (DNR) and the requirement for DNR to review and
approve or disapprove those plans.
In addition, this bill eliminates the requirement that DNR make certain
determinations and recommendations regarding the goals for sulfur dioxide
emissions from major utilities and other large sources. Under current law, if DNR
determines that the total annual sulfur dioxide emissions from major utilities and
other large sources exceeded the state's emission goals for the previous year, or if
DNR projects that emissions will exceed those goals in any of the three succeeding
years, and if DNR determines that the excess emissions are attributable to major
utilities or other large sources, DNR must, after consulting with the PSC and holding
a public hearing, prepare a recommendation to the legislature as to whether the
emission goals should be replaced with enforceable limits.
This bill also eliminates the requirement that a major utility submit a request
for a variance from sulfur dioxide emission rates to PSC and for PSC to determine
whether a condition exists for granting a variance. Under the bill, a variance request
must be submitted to DNR, as required under current law. The bill also requires
DNR to determine whether a variance condition exists.
PSC assessments
The bill makes changes to the PSC's authority to assess its regulatory expenses
against persons who are subject to the PSC's jurisdiction.
Current law allows the PSC to directly assess a public utility, power district, or
sewerage system for the expenses the PSC incurs in proceedings involving those
entities. For other types of entities, current law allows the PSC to directly assess an
entity only for proceedings that are specified under current law. Although the PSC
conducts proceedings to determine whether certain oil pipeline companies have
condemnation authority, current law does not allow the PSC to directly assess those
companies for its expenses for those proceedings. This bill allows the PSC to directly
assess those companies for those proceedings.
In addition, current law allows septage disposers licensed by DNR to complain
to the PSC that the septage disposal fees of a municipal sewerage and storm system
(system) are unreasonable. If the PSC finds that the fees are unreasonable and that

reasonable fees are 15 percent or more lower, current law requires the system to pay
all of the PSC's expenses related to the complaint. If the PSC finds that the fees are
reasonable, or finds they are unreasonable but that reasonable fees are less than 15
percent lower, current law requires the licensed septage disposer to pay the PSC's
expenses. If the PSC terminates the proceeding before determining reasonableness,
current law requires the system and licensed septage disposer to each pay 50 percent
of the PSC's expenses, unless the parties agree to a different allocation. The bill gives
the PSC the discretion to require a licensed septage disposer to pay the PSC's
expenses under the foregoing circumstances. Under current law, licensed septage
disposers must pay the PSC's expenses under those circumstances. The bill does not
affect the duty of a system to pay the PSC's expenses if the PSC finds that fees are
unreasonable and that reasonable fees are 15 percent or more lower.
Finally, current law allows other users of a system to complain to the PSC that
the system's rates, rules, or practices are unreasonable or unjustly discriminatory,
and allows revenue bond and debt holders to complain that the system's rates are
inadequate. Current law requires the PSC to assess a system to pay the PSC's
expenses in those proceedings. This bill also allows the PSC to assess the
complainant. Under the bill, if the PSC determines that the rates, rules, or practices
that are the subject of a complaint are not unreasonable, unjustly discriminatory, or
inadequate, the PSC has the discretion to require the complainant to pay all or a
portion of the expenses. If the PSC terminates the proceeding before making a final
determination, the PSC has the discretion to require the system and complainant to
each pay 50 percent of the expenses or a different allocation agreed to by the parties.
A complainant who is billed for expenses must pay the bill within 30 days after the
PSC mails the bill to the complainant.
Focus on Energy funding
This bill makes changes to the funding of statewide energy efficiency and
renewable resources programs that current law requires investor-owned electric
and natural gas utilities to collectively establish and fund. The programs are
commonly referred to as the Focus on Energy programs. Current law requires the
PSC to require those utilities to spend 1.2 percent of their annual operating revenues
to fund the Focus on Energy and related programs. This bill changes that
requirement so that the utilities must spend 1.2 percent of their annual operating
revenues derived from retail sales on the programs.
Affiliated interest contracts
The bill allows the PSC to extend a deadline for considering certain applications
for approval of public utility contracts with affiliated interests. Under current law,
with certain exceptions, a public utility may not enter into a contract with an
affiliated interest without the PSC's approval. Current law defines an "affiliated
interest" of a public utility to include the following: 1) any person who has 5 percent
or more of the voting securities of the public utility; 2) any officer or director of the
public utility; 3) any subsidiary; and 4) any person that the PSC finds has substantial
influence over the public utility. If the PSC holds a hearing on an application for
approval, current law requires the PSC to take final action within 180 days after
opening a docket on the application, except that the PSC chairperson may extend the

deadline for an additional 180 days for good cause. If the PSC does not hold a hearing
on an application, current law imposes a 90-day deadline on the PSC, but does not
allow for an extension. If the PSC fails to meet a deadline, the PSC is considered to
have approved the application.
This bill allows the chairperson of the PSC to extend the above 90-day deadline
for an additional 90 days for good cause. If the PSC fails to meet the extended
deadline, the bill provides that the PSC is considered to have approved the
application.
Local access and transport areas
The bill eliminates statutory authority for filing a petition with the PSC
requesting that the PSC petition a federal court to make changes to local access and
transport areas (LATAs) for telephone service. LATAs were formed in 1984 upon the
breakup of the Bell System pursuant to a federal antitrust action. At present, LATAs
are used to define local toll calling areas.
Current law allows 150 or more consumers who reside in the same local
exchange area to petition the PSC to petition the appropriate federal court to include
their local exchange area in a different LATA. The consumers' petition must explain
why the LATA that includes their local exchange area does not adequately reflect
common social, economic, and other concerns. If a petition is filed, the PSC must hold
a public hearing. After the hearing, if the PSC determines there is sufficient
evidence supporting the consumers' petition, the PSC must, in cooperation with the
affected telephone companies, petition the federal court to revise the LATA
boundaries. This bill eliminates the authority for consumers to file the petition and
the related requirements that apply to the PSC.
Railroad telecommunications
The bill eliminates the authority of the PSC regarding complaints about
railroad telecommunications service. Current law authorizes the PSC to investigate
complaints about telecommunications service with railroads and, upon making
certain findings, make appropriate orders regarding the complaints. The bill
eliminates that authority.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB654,1 1Section 1. 20.155 (1) (g) of the statutes is amended to read:
SB654,8,32 20.155 (1) (g) Utility regulation. The amounts in the schedule for the
3regulation of utilities. Ninety percent of all moneys received by the commission
4under s. 66.0821 (5) (f) 3., 196.85, 196.855, or 201.10 (3) shall be credited to this

1appropriation. Ninety percent of all receipts from the sale of miscellaneous printed
2reports and other copied material, the cost of which was originally paid under this
3paragraph, shall be credited to this appropriation.
SB654,2 4Section 2. 30.025 (4) of the statutes is renumbered 30.025 (4) (a) and amended
5to read:
SB654,8,86 30.025 (4) (a) The permit may be issued, or the authority to proceed under a
7permit may be granted, upon stated conditions deemed necessary to assure
8compliance with the criteria designated under sub. (3). The
SB654,8,11 9(b) Except as provided in par. (c), the department shall grant or deny the
10application for a permit for the utility facility within 30 days of the date on which the
11commission issues its decision under s. 196.49 or 196.491 (3).
SB654,3 12Section 3. 30.025 (4) (c) of the statutes is created to read:
SB654,8,1813 30.025 (4) (c) Notwithstanding the deadline in par. (b), upon agreement
14between the department and a person who submits an application under s. 196.491
15(3) for a permit to construct a high-voltage transmission line, the department shall
16grant or deny the application within 45 days after the department receives all of the
17information necessary for it to carry out its obligations under this subsection, as
18determined by the department.
SB654,4 19Section 4. 30.206 (1) (ag) 2. of the statutes is amended to read:
SB654,9,220 30.206 (1) (ag) 2. Location requirements that ensure that the activity will not
21materially interfere with navigation or have an adverse impact on the riparian
22property rights of adjacent riparian owners, except that if the activity is necessary
23in order to maintain or repair a utility facility that is owned or operated by a public
24utility, as defined in s. 196.01 (5), or a cooperative association organized under ch.
25185 for the purpose of producing or furnishing heat, light, water, or power to its

1members only, the department may not impose a condition on the permit that
2requires the relocation of the facility.
SB654,5 3Section 5. 30.208 (3) (e) of the statutes is amended to read:
SB654,9,134 30.208 (3) (e) Within 20 days after the period for public comment under sub.
5(4) (b) has ended or, if no public hearing is held, within 30 days of the 30-day
6comment period under sub. (4) (a), the department shall render a decision issuing,
7denying, or modifying the permit or approving or disapproving the contract that is
8the subject of the application submitted under sub. (1). If the application is to modify
9a permit to allow an activity necessary to maintain or repair a utility facility that is
10owned or operated by a public utility, as defined in s. 196.01 (5), or a cooperative
11association organized under ch. 185 for the purpose of producing or furnishing heat,
12light, water, or power to its members only, the department may not modify the permit
13to require the relocation of the facility.
SB654,6 14Section 6. 66.0821 (5) (a) of the statutes is amended to read:
SB654,9,2515 66.0821 (5) (a) If a user of a service complains to the public service commission
16that rates, rules and practices are unreasonable or unjustly discriminatory, or if a
17holder of a mortgage or revenue bond or mortgage certificate or other evidence of
18debt, secured by a mortgage on the sewerage system or any part of the system or
19pledge of the income of sewerage service charges, complains that rates are
20inadequate, the public service commission shall investigate the complaint. If there
21appears to be sufficient cause for the complaint, the commission shall set the matter
22for a public hearing upon 10 days' notice to the complainant and the town, village or
23city. After the hearing, if the public service commission determines that the rates,
24rules or practices complained of are unreasonable or unjustly discriminatory, it shall
25determine and by order fix reasonable rates, rules and practices and may make any

1other order respecting the complaint that is just and reasonable, including, in the
2case of standby charges imposed under sub. (4) (c), an order that a municipality
3refund to the user any amount of the standby charges that have been collected if the
4user has filed a complaint with the public service commission not later than 60 days
5after receiving the original notice of charge or after receiving a notice of charge that
6relates to an increased standby charge. The proceedings under this paragraph are
7governed, to the extent applicable, by ss. 196.26 to 196.40. The Except as provided
8in pars. (e) and (f), the
commission shall bill any expense of the commission
9attributable to a proceeding under this paragraph to the town, village or city under
10s. 196.85 (1).
SB654,7 11Section 7. 66.0821 (5) (e) (intro.) of the statutes is amended to read:
SB654,10,1512 66.0821 (5) (e) (intro.) Notwithstanding par. (a), the public service commission
13shall bill under s. 196.85 (1) any
Any expense of the commission attributable to a
14proceeding under par. (a) that is initiated under s. 281.49 (11) (d) as follows is subject
15to the following
:
SB654,8 16Section 8. 66.0821 (5) (e) 2. of the statutes is amended to read:
SB654,10,2417 66.0821 (5) (e) 2. If the commission determines in the proceeding that one or
18more of the septage disposal fees are unreasonable and determines and fixes by order
19reasonable fees that, when combined with any other applicable septage disposal fees,
20total an amount that is not at least 15 percent lower than the total amount of septage
21disposal fees established by the municipal sewage system for the quantity and type
22of septage specified in s. 281.49 (11) (b), the commission may require the licensed
23disposer that is a party to the dispute shall to pay the entire amount of the
24assessment.
SB654,9 25Section 9. 66.0821 (5) (e) 3. of the statutes is amended to read:
SB654,11,4
166.0821 (5) (e) 3. If the commission determines in the proceeding that the
2septage disposal fees are reasonable, the commission may require the licensed
3disposer that is a party to the dispute shall to pay the entire amount of the
4assessment.
SB654,10 5Section 10. 66.0821 (5) (e) 4. of the statutes is amended to read:
SB654,11,116 66.0821 (5) (e) 4. If the commission terminates the proceeding before making
7a final determination on the reasonableness of the septage disposal fees, the
8commission may require
the municipal sewage system and the licensed disposer that
9are parties to the dispute shall to each pay 50 percent of the assessment, unless the
10municipal sewage system and the licensed disposer agree to
or a different allocation
11of the assessment agreed to by the parties.
SB654,11 12Section 11. 66.0821 (5) (f) of the statutes is created to read:
SB654,11,1413 66.0821 (5) (f) 1. In this paragraph, "complainant" means a person who makes
14a complaint under par. (a) that is not initiated under s. 281.49 (11) (d).
SB654,11,1615 2. The public service commission may bill a complainant for any expense of the
16commission attributable to a proceeding under par. (a) as follows:
SB654,11,2017 a. If the commission determines in the proceeding that the rates, rules, or
18practices that are the subject of the complaint are not unreasonable, unjustly
19discriminatory, or inadequate, the commission may require the complainant to pay
20all or a portion, as determined by the commission, of the expenses.
SB654,11,2421 b. If the commission terminates the proceeding before making a final
22determination, the commission may require the municipality and complainant to
23each pay 50 percent of the expenses or a different allocation of the expenses agreed
24to by the municipality and complainant.
SB654,12,5
13. The public service commission shall mail a complainant a bill for any expense
2the commission requires the complainant to pay under subd. 2. The bill constitutes
3demand for payment. Within 30 days after the mailing of the bill, the complainant
4shall pay to the commission the amount billed. Ninety percent of the payment shall
5be credited to the appropriation account under s. 20.155 (1) (g).
SB654,12 6Section 12. 182.0175 (1) (ab) of the statutes is created to read:
SB654,12,77 182.0175 (1) (ab) "Commission" means the public service commission.
SB654,13 8Section 13. 182.0175 (1) (ac) of the statutes is created to read:
SB654,12,109 182.0175 (1) (ac) "Complainant" means a person who files a complaint under
10sub. (3) (am) 1.
SB654,14 11Section 14. 182.0175 (1) (ad) of the statutes is created to read:
SB654,12,1212 182.0175 (1) (ad) "Complaint" means a complaint filed under sub. (3) (am) 1.
SB654,15 13Section 15. 182.0175 (1) (ag) of the statutes is created to read:
SB654,12,1514 182.0175 (1) (ag) "Damage prevention fund" means the fund established under
15sub. (1m) (d) 11.
SB654,16 16Section 16. 182.0175 (1) (bq) of the statutes is created to read:
SB654,12,1817 182.0175 (1) (bq) "One-call system" means the system established under sub.
18(1m) (a).
SB654,17 19Section 17. 182.0175 (1) (br) of the statutes is created to read:
SB654,12,2020 182.0175 (1) (br) "Panel" means the panel appointed under sub. (1m) (d) 8.
SB654,18 21Section 18. 182.0175 (1) (bt) of the statutes is renumbered 182.0175 (1) (bo).
SB654,19 22Section 19. 182.0175 (1) (bx) of the statutes is created to read:
SB654,12,2423 182.0175 (1) (bx) "Respondent" means a person who is alleged in a complaint
24to have violated this section.
SB654,20 25Section 20. 182.0175 (1m) (d) 8. to 12. of the statutes are created to read:
SB654,13,2
1182.0175 (1m) (d) 8. Appoint a panel consisting of not less than 7 and not more
2than 9 members to carry out the duties specified in sub. (3) (am).
SB654,13,43 9. Establish policies, procedures, and forms as necessary to implement the
4requirements under sub. (3) (am).
SB654,13,65 10. Provide for the production and administration of the educational course
6under sub. (3) (am) 6.
SB654,13,87 11. Establish and maintain a damage prevention fund consisting of fees under
8sub. (3) (am) 6. and (c) 7. and surcharges under sub. (3) (d) 2.
SB654,13,129 12. Use the damage prevention fund at the one-call system's discretion to pay
10the cost of producing and administering the educational course under sub. (3) (am)
116. or providing for public outreach and underground utility damage prevention
12awareness programs.
SB654,21 13Section 21. 182.0175 (2) (am) (title) of the statutes is amended to read:
SB654,13,1414 182.0175 (2) (am) (title) Excavation notice and other duties.
SB654,22 15Section 22. 182.0175 (2) (am) 7. of the statutes is amended to read:
SB654,13,2016 182.0175 (2) (am) 7. Immediately notify the owner of a transmission facility if
17an inspection reveals that the transmission facility has been or may have been
18struck, damaged, dislocated or disrupted and, if flammable, toxic, or corrosive gas or
19liquid has escaped that may endanger life, cause bodily harm, or result in damage
20to property, promptly make a report to the 911 emergency telephone number
.
SB654,23 21Section 23. 182.0175 (2) (bm) (title) of the statutes is amended to read:
SB654,13,2222 182.0175 (2) (bm) (title) Notice contents.
SB654,24 23Section 24. 182.0175 (3) (title) of the statutes is repealed and recreated to
24read:
SB654,13,2525 182.0175 (3) (title) Enforcement.
SB654,25
1Section 25. 182.0175 (3) (a) (title) of the statutes is renumbered 182.0175 (3)
2(d) (title) and amended to read:
SB654,14,33 182.0175 (3) (d) (title) Forfeitures; surcharges.
SB654,26 4Section 26. 182.0175 (3) (a) of the statutes is renumbered 182.0175 (3) (d) 1.
5and amended to read:
SB654,14,126 182.0175 (3) (d) 1. Any In a consent agreement executed under par. (c) 4. or
7order issued under par. (c) 6., the commission may directly assess a forfeiture against
8a
person who willfully and knowingly violates this section may be required to forfeit
9of no more than $2,000 for each offense violation. Each day of continued violation
10constitutes a separate offense violation. The commission shall remit the forfeitures
11to the secretary of administration for deposit in the school fund. No other forfeiture
12may be imposed for a violation of this section
.
SB654,27 13Section 27. 182.0175 (3) (am) of the statutes is created to read:
SB654,14,1714 182.0175 (3) (am) Complaint. 1. Any person may file a complaint with the
15panel pursuant to procedures established by the one-call system that alleges that
16another person has violated or aided in the violation of this section. No complaint
17may be dismissed solely because of the absence of direct damage to the complainant.
SB654,14,2118 2. No complaint may be filed under subd. 1. after 120 days after a person
19discovers an alleged violation of this section, except that the panel may, for good
20cause shown, allow filing no later than one year after the discovery of an alleged
21violation.
SB654,15,522 3. Upon receipt of a complaint filed under subd. 1., the panel shall provide the
23respondent, by certified mail, a statement of the complaint and a notice requiring the
24respondent to file a response with the panel within 20 days after the date of service
25of the notice. The notice shall also advise the respondent of the amount of the fee

1required for completion of the educational course under subd. 6. Upon request of the
2respondent, the panel may extend the period for filing the response. In the response,
3the respondent shall admit or deny the violation alleged in the complaint or advise
4the panel that, based on the respondent's satisfaction of the complaint, the
5complainant has agreed to dismiss the complaint.
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