SB64-SSA2, s. 18
20Section
18. 182.0175 (2) (am) 4. of the statutes is created to read:
SB64-SSA2,6,2421
182.0175
(2) (am) 4. Provide a repeat notice to the one-call system if marks are
22destroyed or covered by excavation site activities, if the excavation does not start
23within 10 days of the scheduled start date or if excavation is interrupted for more
24than 10 days.
SB64-SSA2, s. 19
25Section
19. 182.0175 (2) (am) 6m. of the statutes is created to read:
SB64-SSA2,7,3
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-SSA2, s. 20
4Section
20. 182.0175 (2) (b) of the statutes is renumbered 182.0175 (2) (am)
52. and amended to read:
SB64-SSA2,7,106
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-SSA2, s. 21
11Section
21. 182.0175 (2) (bm) of the statutes is created to read:
SB64-SSA2,7,1312
182.0175
(2) (bm)
Notice. An excavation notice shall include all of the following
13information:
SB64-SSA2,7,1414
1. The name of the person providing notice.
SB64-SSA2,7,1515
2. The name, address and telephone number of the excavator.
SB64-SSA2,7,1816
3. The specific location and description of the excavation area, including the
17county, place, street address, nearest intersecting road, distance and direction from
18the nearest intersection and marking instructions.
SB64-SSA2,7,1919
4. A description of the intended excavation activity.
SB64-SSA2,7,2020
5. The intended starting date of the excavation.
SB64-SSA2, s. 22
21Section
22. 182.0175 (2) (c) and (d) of the statutes are repealed.
SB64-SSA2, s. 23
22Section
23. 182.0175 (2) (e) of the statutes is renumbered 182.0175 (2m) (b)
23and amended to read:
SB64-SSA2,8,1324
182.0175
(2m) (b) (title)
Facilities marking. Every A person owning
25transmission facilities, upon receipt of
an excavation notice
under par. (a) 3., shall
1mark in a reasonable manner the locations of transmission facilities
in at the
field
2so as area described in the notice to enable the
person engaged in excavation or
3demolition excavator to locate the transmission facilities without endangering the
4security of
such the facilities
or the public. The marking of facilities shall be
5accomplished completed within 3 working days after receipt of the notice,
except
or 6if notice is given more than 10 days before
the excavation
or demolition is scheduled
7to begin, marking
need not shall be
accomplished more than completed at least 3
8working days before excavation
or demolition is scheduled to begin. If the
9approximate location of
an underground a transmission facility is marked with
10paint, flags, stakes or other physical means, the
following color coding
of lines, cables
11or conduits shall
be as follows except that color coding shall not be required for
12permanent markers required by state and federal codes comply with the uniform
13color code adopted by the American National Standards Institute:
SB64-SSA2,8,1414
1. Electric power
distribution and transmission: safety
: red.
SB64-SSA2,8,1715
2.
Natural gas distribution and transmission, oil distribution and transmission
16and dangerous Gas, oil, steam, petroleum or gaseous materials
products lines: high
17visibility safety: yellow.
SB64-SSA2,8,2018
3.
Telecommunications and telegraph systems Communications, cable
19television
and police and fire communications: safety alert or alarm or signal
20systems: orange.
SB64-SSA2,8,2121
4. Water
, irrigation or slurry systems:
safety precaution blue.
SB64-SSA2,8,2222
5. Sewer
or drain systems:
safety green.
SB64-SSA2, s. 24
23Section
24. 182.0175 (2) (f) of the statutes is renumbered 182.0175 (2m) (c) and
24amended to read:
SB64-SSA2,9,15
1182.0175
(2m) (c) (title)
Facilities inspection and repair. Every person owning
2transmission facilities who receives
a notice
under par. (a) 6., (c) or (d) of possible
3damage shall inspect
the facilities for damage within
24 6 hours after receipt of
the 4notice
if there is risk of personal injury or loss of life or within 24 hours after receipt
5of the notice if there is not a risk of personal injury or loss of life and
shall repair any
6damage found as soon as practicable. Unless the owner of any transmission facility
7is notified
pursuant to par. (a) 6., (c) or (d) or has knowledge of
frequent damage to
8transmission facilities by
a person doing emergency or nonemergency excavation or
9demolition, such an excavator, the owner
shall is not
be responsible
for or
be required
10to make an inspection of its transmission facilities, nor shall the owner, in the
11absence of
such notification or knowledge, be responsible for supervising in any
12manner the excavation
or demolition work. Upon the giving of notice pursuant to
13par. (a) 6., (c) or (d) the person performing the demolition or excavation shall refrain
14from backfilling until an inspection and any necessary repairs are made by the owner
15of the transmission facilities.
SB64-SSA2, s. 25
16Section
25. 182.0175 (2m) (title) and (a) of the statutes are created to read:
SB64-SSA2,9,1817
182.0175
(2m) (title)
Transmission facilities owner requirements. (a)
18Responsibilities. A transmission facilities owner shall do all of the following:
SB64-SSA2,9,2119
1. Respond to a planning notice within 10 days after receipt of the notice by
20conducting field markings, providing records and taking other appropriate
21responses.
SB64-SSA2,9,2422
2. Respond to an excavation notice within 3 working days by marking the
23location of transmission facilities as provided under par. (b) in the area described in
24the excavation notice.
SB64-SSA2,10,2
13. Provide emergency locater service within 24 hours after receiving a request
2for that service.
SB64-SSA2, s. 26
3Section
26. 182.0175 (2m) (b) 6. and 7. of the statutes are created to read:
SB64-SSA2,10,44
182.0175
(2m) (b) 6. Temporary survey markings: pink.
SB64-SSA2,10,55
7. Proposed excavation: white.
SB64-SSA2, s. 27
6Section
27. 182.0175 (3) of the statutes is renumbered 182.0175 (3) (a) and
7amended to read:
SB64-SSA2,10,148
182.0175
(3) (a) (title)
Forfeitures. Any person who
wilfully and knowingly
fails
9to comply with violates this section
, except sub. (2) (e), shall may be required to forfeit
10$1,000 $2,000 for each
such failure, provided that if the failure to comply results in
11damage to any transmission facility, the forfeiture shall be $2,000
offense. Each day
12that failure to comply persists is of continued violation constitutes a separate offense.
13All actions to recover penalties under this section shall be brought in circuit court by
14the district attorney.
SB64-SSA2, s. 28
15Section
28. 182.0175 (3) (b) of the statutes is created to read:
SB64-SSA2,10,2016
182.0175
(3) (b)
Misdemeanor. Whoever intentionally removes, moves or
17obliterates a transmission facilities marking placed by the transmission facilities
18owner may be fined not more than $500 or imprisoned for not more than 30 days or
19both. This paragraph does not apply to an excavator who removes or obliterates
20markings during an excavation.
SB64-SSA2,10,2422
182.0175
(4) Right of action. This section shall not
release or waive or
23otherwise affect any right of action
, forfeiture or penalty which
the this state or any
24person
has or may have.
SB64-SSA2,11,12
1182.0175
(5) Right to injunction. If any person engages in or is likely to
2engage in excavation
or demolition contrary to the provisions of inconsistent with 3this section
, and which results or is likely to result in damage to transmission
4facilities, the person who owns or operates
such
the facilities may seek injunctive
5relief in the circuit court for
Dane the county
or in any other court of competent
6jurisdiction in which the transmission facilities are located. If the transmission
7facilities are owned or operated by a public utility as defined in s. 196.01 (5),
8including a telecommunications carrier, as defined in s. 196.01 (8m), and the public
9utility does not seek injunctive relief, the attorney general
, upon request of the public
10service commission
, shall seek injunctive relief in the circuit court for
Dane the 11county
or in any other court of competent jurisdiction
in which the transmission
12facilities are located.
SB64-SSA2,11,14
14(1) This act first applies to notices given on the effective date of this subsection.
SB64-SSA2,11,17
16(1)
This act takes effect on the first day of the 12th month beginning after
17publication.