LRBs0040/2
JJL:skg:km
1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 64
March 9, 1995 - Offered by Committee on Environment and Energy.
SB64-SSA1,1,10
1An Act to repeal 182.0175 (1) (a) and 182.0175 (2) (c) and (d);
to renumber and
2amend 182.0175 (2) (a) 3., 182.0175 (2) (a) 4., 182.0175 (2) (a) 5., 182.0175 (2)
3(a) 6., 182.0175 (2) (a) 7., 182.0175 (2) (b), 182.0175 (2) (e), 182.0175 (2) (f) and
4182.0175 (3);
to amend 182.0175 (1) (intro.), 182.0175 (1) (b), 182.0175 (1) (c),
5182.0175 (2) (a) (intro.), 182.0175 (2) (a) 1., 182.0175 (2) (a) 2., 182.0175 (4) and
6182.0175 (5);
to repeal and recreate 182.0175 (2) (title); and
to create
7182.0175 (1) (am), 182.0175 (1) (bm), 182.0175 (1m), 182.0175 (2) (am) (intro.),
8182.0175 (2) (am) 4., 182.0175 (2) (am) 6m., 182.0175 (2) (bm), 182.0175 (2m)
9(title) and (a), 182.0175 (2m) (b) 6. and 7. and 182.0175 (3) (b) of the statutes;
10relating to: damage to transmission facilities and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB64-SSA1, s. 1
11Section
1. 182.0175 (1) (intro.) of the statutes is amended to read:
SB64-SSA1,1,1312
182.0175
(1) Definitions. (intro.)
As used in In this section
, unless the context
13requires otherwise:
SB64-SSA1, s. 3
1Section
3. 182.0175 (1) (am) of the statutes is created to read:
SB64-SSA1,2,32
182.0175
(1) (am) "Emergency" means an unforeseen condition that requires
3immediate excavation to avoid property damage, personal injury or loss of life.
SB64-SSA1, s. 4
4Section
4. 182.0175 (1) (b) of the statutes is amended to read:
SB64-SSA1,2,105
182.0175
(1) (b) "Excavation" means any operation in which earth, rock or
6other material in or on the ground is moved, removed or otherwise displaced by
7means of any tools, equipment or explosives and includes grading, trenching,
8digging, ditching, drilling, augering, tunneling, scraping, cable or pipe plowing
, and
9driving
and means any operation by which a structure or mass of material is
10wrecked, razed, rended, moved or removed.
SB64-SSA1, s. 5
11Section
5. 182.0175 (1) (bm) of the statutes is created to read:
SB64-SSA1,2,1212
182.0175
(1) (bm) "Excavator" means a person who engages in excavation.
SB64-SSA1, s. 6
13Section
6. 182.0175 (1) (c) of the statutes is amended to read:
SB64-SSA1,2,1914
182.0175
(1) (c) "Transmission facilities" includes all pipes, pipelines, wires,
15cables, ducts, wirelines and associated facilities,
whether below or above ground, 16regardless of the nature of their transmittants or of their in-service application. The
17term includes, but is not restricted to, utility facilities,
government-owned facilities, 18facilities transporting hazardous materials,
communications and data facilities, 19drainage
facilities and
private water facilities
and sewer systems.
SB64-SSA1, s. 7
20Section
7. 182.0175 (1m) of the statutes is created to read:
SB64-SSA1,3,221
182.0175
(1m) One-call system. (a)
Statewide system. Transmission facilities
22owners shall establish or designate a nonprofit organization governed by a board of
23directors as the operator of a one-call system. The one-call system shall be a
24statewide communication system in which a single operational center receives
1excavation notices and transmits notice information to affected-member
2transmission facilities owners.
SB64-SSA1,3,53
(b)
Membership. 1. Except as provided in subd. 2., a transmission facilities
4owner shall be a member of the one-call system. A member shall participate in the
5funding of the one-call system.
SB64-SSA1,3,96
2. A transmission facilities owner or lessee is not required to be a member of
7the one-call system if all of that person's transmission facilities are located on
8property owned or leased by that person. This subdivision does not apply to a
9governmental unit that is a transmission facilities owner.
SB64-SSA1,3,1310
(c)
Liability. A transmission facilities owner who is required to be a member
11of the one-call system is liable for all damages to the person's transmission facilities
12and for any other damages that occur as a result of excavation if that person is not
13a member of the one-call system.
SB64-SSA1,3,1414
(d)
System functions. The one-call system shall do all of the following:
SB64-SSA1,3,1515
1. Publicize the availability and use of the one-call system.
SB64-SSA1,3,1616
2. Provide toll-free communication to the one-call system.
SB64-SSA1,3,1717
3. Accept notices of intended excavation activity.
SB64-SSA1,3,1918
4. Accept notices of intended emergency location or emergency excavation
19activity 24 hours a day.
SB64-SSA1,3,2120
5. Inform the person providing notice of the names of transmission facilities
21owners who will receive the notice information.
SB64-SSA1,3,2322
6. Promptly transmit notice information to affected-member transmission
23facilities owners.
SB64-SSA1,3,2424
7. Retain records of notices for a period of not less than 6 years.
SB64-SSA1, s. 8
25Section
8. 182.0175 (2) (title) of the statutes is repealed and recreated to read:
SB64-SSA1,4,1
1182.0175
(2) (title)
Excavator and planner responsibilities.
SB64-SSA1, s. 9
2Section
9. 182.0175 (2) (a) (intro.) of the statutes is amended to read:
SB64-SSA1,4,63
182.0175
(2) (a) (title)
Planning. (intro.) Every person who
engages in or with
4respect to subds. 1. and 2. is responsible for the preparation of plans and
5specifications for nonemergency excavation
or demolition and every excavator shall
6do all of the following:
SB64-SSA1, s. 10
7Section
10. 182.0175 (2) (a) 1. of the statutes is amended to read:
SB64-SSA1,4,108
182.0175
(2) (a) 1. Take reasonable action to learn the location of any
9transmission facilities in and near the area where
such operation the excavation is
10to be conducted.
SB64-SSA1, s. 11
11Section
11. 182.0175 (2) (a) 2. of the statutes is amended to read:
SB64-SSA1,4,1412
182.0175
(2) (a) 2. Plan the excavation
or demolition to avoid to the extent
13possible interference with transmission facilities in and near the
construction 14excavation area.
SB64-SSA1, s. 12
15Section
12. 182.0175 (2) (a) 3. of the statutes is renumbered 182.0175 (2) (am)
161. and amended to read:
SB64-SSA1,4,2117
182.0175
(2) (am) 1. Provide
reasonable advance notice not less than 3 working
18days
prior to before the start of
the nonemergency excavation
or demolition of the
19intent to excavate or demolish and the commencement date to the
owners of the
20transmission facilities in and near the construction area whose facilities may be
21affected by the excavation or demolition one-call system.
SB64-SSA1, s. 13
22Section
13. 182.0175 (2) (a) 4. of the statutes is renumbered 182.0175 (2) (am)
233. and amended to read:
SB64-SSA1,5,424
182.0175
(2) (a) 3. Maintain an estimated minimum clearance of 18 inches
25between an unexposed underground transmission facility marked
pursuant to par.
1(e) under sub. (2m) and the cutting edge or point of any power-operated excavating
2or earth moving equipment. If the transmission facility is exposed, the
excavator
3may reduce the clearance
may be reduced to 2 times the known limit of control of the
4cutting edge or point of the equipment or 12 inches, whichever is greater.
SB64-SSA1, s. 14
5Section
14. 182.0175 (2) (a) 5. of the statutes is renumbered 182.0175 (2) (am)
65. and amended to read:
SB64-SSA1,5,117
182.0175
(2) (am) 5. Provide
such support for existing transmission facilities
8in and near the
construction excavation area
as that may be reasonably necessary
9or that is specified by the transmission facility owner for the protection of
such the 10facilities, unless
such protection is required of the owner of the transmission facility
11under s. 66.047.
SB64-SSA1, s. 15
12Section
15. 182.0175 (2) (a) 6. of the statutes is renumbered 182.0175 (2) (am)
136. and amended to read:
SB64-SSA1,5,1714
182.0175
(2) (am) 6.
Inspect prior to backfilling Before backfilling, inspect all
15transmission facilities exposed during excavation
or demolition to ascertain if
the 16transmission facilities have been or may have been struck, damaged, dislocated or
17disrupted
and notify promptly before backfilling.
SB64-SSA1,5,20
187. Immediately notify the owner of
any a transmission facility
which if an
19inspection reveals that the transmission facility has been or may have been struck,
20damaged, dislocated or disrupted.
SB64-SSA1, s. 16
21Section
16. 182.0175 (2) (a) 7. of the statutes is renumbered 182.0175 (2) (am)
228. and amended to read:
SB64-SSA1,6,223
182.0175
(2) (am) 8. Backfill
all excavations in such an excavation as specified
24by the owner of the existing transmission facilities or in a manner and with
such 25materials
as that may be reasonably necessary for the protection of, and to provide
1reliable support during backfilling and following backfilling for, existing
2transmission facilities in and near the
construction excavation area.
SB64-SSA1, s. 17
3Section
17. 182.0175 (2) (am) (intro.) of the statutes is created to read:
SB64-SSA1,6,54
182.0175
(2) (am)
Excavation notice. (intro.) An excavator shall do all of the
5following:
SB64-SSA1, s. 18
6Section
18. 182.0175 (2) (am) 4. of the statutes is created to read:
SB64-SSA1,6,107
182.0175
(2) (am) 4. Provide a repeat notice to the one-call system if marks are
8destroyed or covered by excavation site activities, if the excavation does not start
9within 10 days of the scheduled start date or if excavation is interrupted for more
10than 10 days.
SB64-SSA1, s. 19
11Section
19. 182.0175 (2) (am) 6m. of the statutes is created to read:
SB64-SSA1,6,1412
182.0175
(2) (am) 6m. Refrain from backfilling an excavation until an
13inspection is conducted and any necessary repairs have been made by the owner of
14the transmission facility.
SB64-SSA1, s. 20
15Section
20. 182.0175 (2) (b) of the statutes is renumbered 182.0175 (2) (am)
162. and amended to read:
SB64-SSA1,6,2117
182.0175
(2) (am) 2.
Every person who engages in In an emergency
excavation
18or demolition shall, take all reasonable precautions to avoid to the extent possible
19interference with existing transmission facilities in and near the
construction 20excavation area and
shall notify as promptly as possible the owners of transmission
21facilities which may be affected by the emergency excavation
or demolition.
SB64-SSA1, s. 21
22Section
21. 182.0175 (2) (bm) of the statutes is created to read:
SB64-SSA1,6,2423
182.0175
(2) (bm)
Notice. An excavation notice shall include all of the following
24information:
SB64-SSA1,6,2525
1. The name of the person providing notice.
SB64-SSA1,7,1
12. The name, address and telephone number of the excavator.
SB64-SSA1,7,22
3. The specific location and description of the excavation area.
SB64-SSA1,7,33
4. A description of the intended excavation activity.
SB64-SSA1,7,44
5. The intended starting date of the excavation.
SB64-SSA1, s. 22
5Section
22. 182.0175 (2) (c) and (d) of the statutes are repealed.
SB64-SSA1, s. 23
6Section
23. 182.0175 (2) (e) of the statutes is renumbered 182.0175 (2m) (b)
7and amended to read:
SB64-SSA1,7,228
182.0175
(2m) (b) (title)
Facilities marking. Every A person owning
9transmission facilities, upon receipt of
an excavation notice
under par. (a) 3., shall
10mark in a reasonable manner the locations of transmission facilities
in at the
field
11so as area described in the notice to enable the
person engaged in excavation or
12demolition excavator to locate the transmission facilities without endangering the
13security of
such the facilities
or the public. The marking of facilities shall be
14accomplished completed within 3 working days after receipt of the notice,
except
or 15if notice is given more than 10 days before
the excavation
or demolition is scheduled
16to begin, marking
need not shall be
accomplished more than completed at least 3
17working days before excavation
or demolition is scheduled to begin. If the
18approximate location of
an underground a transmission facility is marked with
19paint, flags, stakes or other physical means, the
following color coding
of lines, cables
20or conduits shall
be as follows except that color coding shall not be required for
21permanent markers required by state and federal codes comply with the uniform
22color code adopted by the American National Standards Institute:
SB64-SSA1,7,2323
1. Electric power
distribution and transmission: safety
: red.
SB64-SSA1,8,3
12.
Natural gas distribution and transmission, oil distribution and transmission
2and dangerous Gas, oil, steam, petroleum or gaseous materials
products lines: high
3visibility safety: yellow.
SB64-SSA1,8,64
3.
Telecommunications and telegraph systems Communications, cable
5television
and police and fire communications: safety alert or alarm or signal
6systems: orange.
SB64-SSA1,8,77
4. Water
, irrigation or slurry systems:
safety precaution blue.
SB64-SSA1,8,88
5. Sewer
or drain systems:
safety green.
SB64-SSA1, s. 24
9Section
24. 182.0175 (2) (f) of the statutes is renumbered 182.0175 (2m) (c) and
10amended to read:
SB64-SSA1,8,2511
182.0175
(2m) (c) (title)
Facilities inspection and repair. Every person owning
12transmission facilities who receives
a notice
under par. (a) 6., (c) or (d) of possible
13damage shall inspect
the facilities for damage within
24 6 hours after receipt of
the 14notice
if there is risk of personal injury or loss of life or within 24 hours after receipt
15of the notice if there is not a risk of personal injury or loss of life and
shall repair any
16damage found as soon as practicable. Unless the owner of any transmission facility
17is notified
pursuant to par. (a) 6., (c) or (d) or has knowledge of
frequent damage to
18transmission facilities by
a person doing emergency or nonemergency excavation or
19demolition, such an excavator, the owner
shall is not
be responsible
for or
be required
20to make an inspection of its transmission facilities, nor shall the owner, in the
21absence of
such notification or knowledge, be responsible for supervising in any
22manner the excavation
or demolition work. Upon the giving of notice pursuant to
23par. (a) 6., (c) or (d) the person performing the demolition or excavation shall refrain
24from backfilling until an inspection and any necessary repairs are made by the owner
25of the transmission facilities.
SB64-SSA1, s. 25
1Section
25. 182.0175 (2m) (title) and (a) of the statutes are created to read:
SB64-SSA1,9,32
182.0175
(2m) (title)
Transmission facilities owner requirements. (a)
3Responsibilities. A transmission facilities owner shall do all of the following:
SB64-SSA1,9,64
1. Respond to a planning notice within 10 days after receipt of the notice by
5conducting field markings, providing records and taking other appropriate
6responses.
SB64-SSA1,9,97
2. Respond to an excavation notice within 3 working days by marking the
8location of transmission facilities as provided under par. (b) in the area described in
9the excavation notice.
SB64-SSA1,9,1110
3. Provide emergency locater service within 24 hours after receiving a request
11for that service.
SB64-SSA1, s. 26
12Section
26. 182.0175 (2m) (b) 6. and 7. of the statutes are created to read: