LRBs0133/3
KSH:skg:kaf
1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
To 1995 SENATE BILL 64
May 24, 1995 - Offered by Joint committee on Finance.
SB64-SSA2,1,10
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-SSA2, s. 1
11Section
1. 182.0175 (1) (intro.) of the statutes is amended to read:
SB64-SSA2,1,1312
182.0175
(1) Definitions. (intro.)
As used in In this section
, unless the context
13requires otherwise:
SB64-SSA2, s. 3
1Section
3. 182.0175 (1) (am) of the statutes is created to read:
SB64-SSA2,2,32
182.0175
(1) (am) "Emergency" means a condition that poses a clear and
3immediate danger to life or health, or a significant loss of property.
SB64-SSA2, s. 4
4Section
4. 182.0175 (1) (b) of the statutes is amended to read:
SB64-SSA2,2,105
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-SSA2, s. 5
11Section
5. 182.0175 (1) (bm) of the statutes is created to read:
SB64-SSA2,2,1212
182.0175
(1) (bm) "Excavator" means a person who engages in excavation.
SB64-SSA2, s. 6
13Section
6. 182.0175 (1) (c) of the statutes is amended to read:
SB64-SSA2,2,2014
182.0175
(1) (c) "Transmission facilities" includes all pipes, pipelines, wires,
15cables, ducts, wirelines and associated facilities,
whether underground or
16aboveground, regardless of the nature of their transmittants or of their in-service
17application. The term includes, but is not restricted to, utility facilities,
18government-owned facilities, facilities transporting hazardous materials,
19communications and data facilities, drainage
facilities and
private water facilities
20and sewer systems. The term does not include culverts.
SB64-SSA2, s. 7
21Section
7. 182.0175 (1m) of the statutes is created to read:
SB64-SSA2,3,222
182.0175
(1m) One-call system. (a)
Statewide system. Transmission facilities
23owners shall establish or designate a nonprofit organization governed by a board of
24directors as the operator of a one-call system. The one-call system shall be a
25statewide communication system in which a single operational center receives
1excavation notices and transmits notice information to affected-member
2transmission facilities owners.
SB64-SSA2,3,43
(b)
Membership. 1. Except as provided in subd. 2., a transmission facilities
4owner shall be a member of the one-call system.
SB64-SSA2,3,85
2. A transmission facilities owner or lessee is not required to be a member of
6the one-call system if all of that person's transmission facilities are located on
7property owned or leased by that person. This subdivision does not apply to a
8governmental unit that is a transmission facilities owner.
SB64-SSA2,3,219
(bm)
Membership fees. Members may be assessed an initial start-up fee equal
10to the system's costs in adding the member to the one-call system, except that any
11initial start-up fee may not exceed $100 for a member whose transmission facilities
12serve less than 5,000 customers. For purposes of assessing the initial start-up fee,
13affiliated transmission facilities owners shall be considered a single member. Under
14this paragraph, a transmission facilities owner is affiliated with another
15transmission facilities owner if the transmission facilities owner, directly, or
16indirectly through one or more intermediaries, controls, is controlled by, or is under
17common control with, the other transmission facilities owner. Members shall also
18be assessed a fee per notice of intended excavation activity. Membership in the
19one-call system ceases if a fee assessed under this paragraph is more than 90 days
20past due. A transmission facilities owner may be reinstated as a member upon
21payment of the amount past due.
SB64-SSA2,4,222
(c)
Liability. Any transmission facilities owner who is required to be a member
23of the one-call system and has not complied with the membership requirement is
24liable for all damages to the owner's transmission facilities and for any other
1damages that occur as a result of a properly noticed excavation to the one-call
2system.
SB64-SSA2,4,33
(d)
System functions. The one-call system shall do all of the following:
SB64-SSA2,4,44
1. Publicize the availability and use of the one-call system.
SB64-SSA2,4,55
2. Provide toll-free communication to the one-call system.
SB64-SSA2,4,66
3. Accept notices of intended excavation activity.
SB64-SSA2,4,87
4. Accept notices of intended emergency location or emergency excavation
8activity 24 hours a day.
SB64-SSA2,4,109
5. Inform the person providing notice of the names of transmission facilities
10owners who will receive the notice information.
SB64-SSA2,4,1211
6. Promptly transmit notice information to affected-member transmission
12facilities owners.
SB64-SSA2,4,1313
7. Retain records of notices for a period of not less than 6 years.
SB64-SSA2, s. 8
14Section
8. 182.0175 (2) (title) of the statutes is repealed and recreated to read:
SB64-SSA2,4,1515
182.0175
(2) (title)
Excavator and planner responsibilities.
SB64-SSA2, s. 9
16Section
9. 182.0175 (2) (a) (intro.) of the statutes is amended to read:
SB64-SSA2,4,2017
182.0175
(2) (a) (title)
Planning. (intro.) Every person who
engages in or with
18respect to subds. 1. and 2. is responsible for the preparation of plans and
19specifications for nonemergency excavation
or demolition and every excavator shall
20do all of the following:
SB64-SSA2, s. 10
21Section
10. 182.0175 (2) (a) 1. of the statutes is amended to read:
SB64-SSA2,4,2422
182.0175
(2) (a) 1. Take reasonable action to learn the location of any
23transmission facilities in and near the area where
such operation the excavation is
24to be conducted.
SB64-SSA2, s. 11
25Section
11. 182.0175 (2) (a) 2. of the statutes is amended to read:
SB64-SSA2,5,3
1182.0175
(2) (a) 2. Plan the excavation
or demolition to avoid to the extent
2possible interference with transmission facilities in and near the
construction 3excavation area.
SB64-SSA2, s. 12
4Section
12. 182.0175 (2) (a) 3. of the statutes is renumbered 182.0175 (2) (am)
51. and amended to read:
SB64-SSA2,5,106
182.0175
(2) (am) 1. Provide
reasonable advance notice not less than 3 working
7days
prior to before the start of
the nonemergency excavation
or demolition of the
8intent to excavate or demolish and the commencement date to the
owners of the
9transmission facilities in and near the construction area whose facilities may be
10affected by the excavation or demolition one-call system.
SB64-SSA2, s. 13
11Section
13. 182.0175 (2) (a) 4. of the statutes is renumbered 182.0175 (2) (am)
123. and amended to read:
SB64-SSA2,5,1813
182.0175
(2) (am) 3. Maintain an estimated minimum clearance of 18 inches
14between an unexposed underground transmission facility marked
pursuant to par.
15(e) under sub. (2m) and the cutting edge or point of any power-operated excavating
16or earth moving equipment. If the transmission facility is exposed, the
excavator
17may reduce the clearance
may be reduced to 2 times the known limit of control of the
18cutting edge or point of the equipment or 12 inches, whichever is greater.
SB64-SSA2, s. 14
19Section
14. 182.0175 (2) (a) 5. of the statutes is renumbered 182.0175 (2) (am)
205. and amended to read:
SB64-SSA2,5,2521
182.0175
(2) (am) 5. Provide
such support for existing transmission facilities
22in and near the
construction excavation area
as that may be reasonably necessary
23or that is specified by the transmission facility owner for the protection of
such the 24facilities, unless
such protection is required of the owner of the transmission facility
25under s. 66.047.
SB64-SSA2, s. 15
1Section
15. 182.0175 (2) (a) 6. of the statutes is renumbered 182.0175 (2) (am)
26. and amended to read:
SB64-SSA2,6,63
182.0175
(2) (am) 6.
Inspect prior to backfilling Before backfilling, inspect all
4transmission facilities exposed during excavation
or demolition to ascertain if
the 5transmission facilities have been or may have been struck, damaged, dislocated or
6disrupted
and notify promptly before backfilling.
SB64-SSA2,6,9
77. Immediately notify the owner of
any a transmission facility
which if an
8inspection reveals that the transmission facility has been or may have been struck,
9damaged, dislocated or disrupted.
SB64-SSA2, s. 16
10Section
16. 182.0175 (2) (a) 7. of the statutes is renumbered 182.0175 (2) (am)
118. and amended to read:
SB64-SSA2,6,1612
182.0175
(2) (am) 8. Backfill
all excavations in such an excavation as specified
13by the owner of the existing transmission facilities or in a manner and with
such 14materials
as that may be reasonably necessary for the protection of, and to provide
15reliable support during backfilling and following backfilling for, existing
16transmission facilities in and near the
construction excavation area.