Feed for /1997/related/acts/204 PDF
Date of enactment: April 28, 1998
1997 Assembly Bill 940 Date of publication*: May 11, 1998
* Section 991.11, Wisconsin Statutes 1995-96: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1997 WISCONSIN ACT 204
An Act to repeal 32.03 (5) (b) 3., 32.07 (1m), 66.073 (10) (b), 196.491 (1) (a), 196.491 (2) (a) 1. and 2., 196.491 (2) (a) 5. and 6., 196.491 (2) (a) 8., 196.491 (2) (c) and (d), 196.491 (2) (i) to (m), 196.491 (2m) (title), 196.491 (3) (d) 1., 196.491 (3) (f) and (ff), 196.491 (3) (g) 2., 196.491 (3) (hm), 196.491 (4) (a) (intro.), 196.491 (4) (a) 3. and 196.492; to renumber 66.073 (10) (a), 196.377 and 196.491 (4) (a) 1. and 2.; to renumber and amend 32.02 (5), 196.39, 196.491 (2) (am), 196.491 (2m), 196.491 (3) (a) and 196.491 (4) (b); to consolidate, renumber and amend 196.491 (3) (g) (intro.) and 1.; to amend 30.025 (1), 30.025 (4), 30.44 (3m) (title), 30.44 (3m) (a), 30.44 (3m) (b), 30.44 (3m) (d), 30.45 (1r), 32.03 (5) (a), 32.03 (5) (b) 1., 32.03 (5) (b) 2., 32.06 (7), 32.07 (1), 32.075 (3) (a) 2., 32.09 (2m), 86.16 (1), 182.017 (1), 196.24 (3), 196.491 (title), 196.491 (1) (d), 196.491 (1) (e), 196.491 (1) (g), 196.491 (2) (a) 3., 196.491 (2) (a) 3m., 196.491 (2) (a) 4., 196.491 (2) (a) 7., 196.491 (2) (b) 8., 196.491 (2) (e), 196.491 (2) (f), 196.491 (2) (g), 196.491 (3) (b), 196.491 (3) (d) (intro.), 196.491 (3) (d) 2., 196.491 (3) (d) 3., 196.491 (3) (e), 196.491 (3) (j), 196.491 (3) (k), 196.493 (1), 196.493 (2) (intro.), 196.53, 196.795 (7) (a) 1. b., 196.795 (11) (b) and 289.29 (5); to repeal and recreate 196.491 (2) (title), 196.491 (2) (a) (intro.) and 196.491 (2) (b) (intro.); and to create 32.02 (5) (a), 196.03 (5m), 196.377 (title), 196.377 (2), 196.39 (2), 196.485, 196.491 (1) (am), 196.491 (1) (bm), 196.491 (1) (w), 196.491 (2) (a) 3g., 196.491 (2) (a) 3r., 196.491 (2) (a) 9. to 13., 196.491 (2) (ag), 196.491 (2) (b) 9. and 10., 196.491 (2) (gm), 196.491 (3) (a) 2., 196.491 (3) (a) 3. b., 196.491 (3) (d) 7., 196.491 (3) (dm), 196.491 (3) (g) 1m., 196.491 (3m), 196.491 (4) (c), 196.491 (5), 196.494 and 196.795 (5) (pm) of the statutes; relating to: strategic energy assessments, certification requirements applicable to certain projects proposed by public utilities, certificates of public convenience and necessity for certain electric generating facilities and high-voltage transmission lines, independent system operator or transmission owner of electric transmission system, certain out-of-state retail electric sales, ownership and operation of wholesale merchant plants, service standards for electric generation, transmission or distribution facilities, regional transmission planning and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
204,1 Section 1. 30.025 (1) of the statutes is amended to read:
30.025 (1) Any electric utility, as defined in s. 196.491 (1) (d), proposing to construct a facility, as defined in s. 196.491 (1) (e), which facility is to be located adjacent to a waterway in such a manner as to require one or more permits to be issued under this chapter and ch. 31 may, in lieu of separate application for permits under those chapters, submit an engineering plan together with any additional information required by the department. Such plan shall be filed with the department within 20 days after an application for a certificate of public convenience and necessity is filed with the public service commission under s. 196.491 (3). The department may require supplemental information to be furnished thereafter.
204,2 Section 2. 30.025 (4) of the statutes is amended to read:
30.025 (4) The permit may be issued upon stated conditions deemed necessary to assure compliance with the criteria designated under sub. (3). The department shall grant or deny the application within the time limit applicable under s. 196.491 (3) (f) (a) 3. b.
204,3 Section 3. 30.44 (3m) (title) of the statutes is amended to read:
30.44 (3m) (title) Utility facilities ; high-voltage transmission lines.
204,4 Section 4. 30.44 (3m) (a) of the statutes is amended to read:
30.44 (3m) (a) A person shall apply to and receive a permit from the board before constructing, modifying or relocating a utility facility or high-voltage transmission line that is in the riverway.
204,5 Section 5. 30.44 (3m) (b) of the statutes is amended to read:
30.44 (3m) (b) A person may not be issued a permit for an activity in par. (a) unless the performance standard in par. (c) is met and, for a high-voltage transmission line, the board finds that the activity will not impair, to the extent practicable, the scenic beauty or natural value of the riverway.
204,6 Section 6. 30.44 (3m) (d) of the statutes is amended to read:
30.44 (3m) (d) The use of an aboveground utility facility shall not be a basis for the board to determine that all reasonable efforts will not be taken to minimize the visual impact. The board may not require a high-voltage transmission line to be placed underground in order to make the finding specified in par. (b).
204,7 Section 7. 30.45 (1r) of the statutes is amended to read:
30.45 (1r) No person may construct, modify or relocate a high-voltage transmission line unless it has been approved under s. 30.44 (3m) or 196.491 (3) (d) 3m. or 196.492.
204,8 Section 8. 32.02 (5) of the statutes is renumbered 32.02 (5) (b) and amended to read:
32.02 (5) (b) Any Wisconsin corporation engaged in the business of transmitting or furnishing heat, power or electric light for the public or any foreign transmission provider for the construction and location of its lines or for ponds or reservoirs or any dam, dam site, flowage rights or undeveloped water power.
204,9 Section 9. 32.02 (5) (a) of the statutes is created to read:
32.02 (5) (a) "Foreign transmission provider" means a foreign corporation that satisfies each of the following:
1. The foreign corporation is an independent system operator, as defined in s. 196.485 (1) (d), or an independent transmission owner, as defined in s. 196.485 (1) (dm), that is approved by the applicable federal agency, as defined in s. 196.485 (1) (c).
2. The foreign corporation controls transmission facilities, as defined in s. 196.485 (1) (h), in this and another state.
204,10 Section 10. 32.03 (5) (a) of the statutes is amended to read:
32.03 (5) (a) If an electric utility is required to obtain a certificate of public convenience and necessity from the public service commission under s. 196.491 (3), no right to acquire real estate or personal property appurtenant thereto or interest therein for such project by condemnation shall accrue or exist under s. 32.02 or 32.075 (2) until such a certificate of public convenience and necessity has been issued.
204,11 Section 11. 32.03 (5) (b) 1. of the statutes is amended to read:
32.03 (5) (b) 1. Such a limited interest does not run for more than 3 years; and
204,12 Section 12. 32.03 (5) (b) 2. of the statutes is amended to read:
32.03 (5) (b) 2. Activities associated with such tests or studies will be conducted at reasonable hours with minimal disturbance, and the property will be reasonably restored to its former state, upon completion of such tests or studies; and.
204,13 Section 13. 32.03 (5) (b) 3. of the statutes is repealed.
204,14 Section 14. 32.06 (7) of the statutes is amended to read:
32.06 (7) Petition for condemnation proceedings. If the jurisdictional offer is not accepted within the periods limited in sub. (6) or the owner fails to consummate an acceptance as provided in sub. (6), the condemnor may present a verified petition to the circuit court for the county in which the property to be taken is located, for proceedings to determine the necessity of taking, where such determination is required, and the amount of just compensation. The petition shall state that the jurisdictional offer required by sub. (3) has been made and rejected; that it is the intention of the condemnor in good faith to use the property or right therein for the specified purpose. It shall name the parties having an interest of record in the property as near as may be and shall name the parties who are minors or persons of unsound mind or unknown. The petition may not disclose the amount of the jurisdictional offer, and if it does so it is a nullity. The petition shall be filed with the clerk of the court. Notice of the petition shall be given as provided in s. 32.05 (4) to all persons having an interest of record in the property, including the special guardian appointed for minors or incompetent persons. A lis pendens shall be filed on the date of filing the petition. The date of filing the lis pendens is the "date of evaluation" of the property for the purpose of fixing just compensation, except that if the property is to be used in connection with the construction of a facility, as defined under s. 196.491 (1), the "date of evaluation" is the date that the first advance plan identifying the property as a site or route under s. 196.491 (2) (a) 3. is filed with the public service commission, or the date which is 2 years prior to the date on which the certificate of public convenience and necessity is issued for the facility, whichever is earlier. The hearing on the petition may not be earlier than 20 days after the date of its filing unless the petitioner acquired possession of the land under s. 32.12 (1) in which event this hearing is not necessary. If the petitioner is entitled to condemn the property or any portion of it, the judge immediately shall assign the matter to the chairperson of the county condemnation commissioners for hearing under s. 32.08. An order by the judge determining that the petitioner does not have the right to condemn or refusing to assign the matter to the chairperson of the county condemnation commissioners may be appealed directly to the court of appeals.
204,15 Section 15. 32.07 (1) of the statutes is amended to read:
32.07 (1) A certificate of public convenience and necessity issued under s. 196.491 (3) shall constitute the determination of the necessity of the taking for any lands or interests described in the certificate.
204,16 Section 16. 32.07 (1m) of the statutes is repealed.
204,17 Section 17. 32.075 (3) (a) 2. of the statutes is amended to read:
32.075 (3) (a) 2. The public service commission revokes a certificate of public convenience and necessity required under s. 196.491 (3) (a) 1. or finds that a state or federal agency has denied or revoked any license, permit, certificate or other requirement on which completion of the public utility's project for which the land was condemned is contingent or that the public utility has for any other reason abandoned a project for which the condemned property was acquired.
204,18 Section 18. 32.09 (2m) of the statutes is amended to read:
32.09 (2m) In determining just compensation for property sought to be condemned in connection with the construction of facilities, as defined under s. 196.491 (1) (e), any increase in the market value of such property occurring after the date of evaluation but before the date upon which the lis pendens is filed under s. 32.06 (7) shall be considered and allowed to the extent it is caused by factors other than the planned facility.
204,19 Section 19. 66.073 (10) (a) of the statutes is renumbered 66.073 (10).
204,20 Section 20. 66.073 (10) (b) of the statutes is repealed.
204,21 Section 21. 86.16 (1) of the statutes is amended to read:
86.16 (1) Any person, firm or corporation, including any foreign corporation authorized to transact business in this state may, subject to ss. 30.44 (3m), 30.45, and 196.491 (3) (d) 3m. and 196.492, with the written consent of the department with respect to state trunk highways, and with the written consent of local authorities with respect to highways under their jurisdiction, including connecting highways, construct and operate telegraph, telephone or electric lines, or pipes or pipelines for the purpose of transmitting messages, water, heat, light or power along, across or within the limits of the highway.
204,22 Section 22. 182.017 (1) of the statutes is amended to read:
182.017 (1) Right-of-way for. Any domestic corporation organized to furnish telegraph or telecommunications service or transmit heat, power or electric current to the public or for public purposes, and any an independent system operator, as defined in s. 196.485 (1) (d), an independent transmission owner, as defined in s. 196.485 (1) (dm), or a cooperative association organized under ch. 185 to furnish telegraph or telecommunications service or transmit heat, power or electric current to its members, may, subject to ss. 30.44 (3m), 30.45, 86.16, and 196.491 (3) (d) 3m. and 196.492 and to reasonable regulations made by any city, village or town through which its transmission lines or systems may pass, construct and maintain such lines or systems with all necessary appurtenances in, across or beneath any public highway or bridge or any stream or body of water, or upon any lands of any owner consenting thereto, and for such purpose may acquire lands or the necessary easements; and may connect and operate its lines or system with other lines or systems devoted to like business, within or without this state, and charge reasonable rates for the transmission and delivery of messages or the furnishing of heat, power or electric light.
204,23 Section 23. 196.03 (5m) of the statutes is created to read:
196.03 (5m) The commission shall promulgate rules establishing requirements and procedures for the commission, in setting rates for retail electric service, to reflect the assignment of costs and the treatment of revenues from sales to customers outside this state that the public utility does not have a duty to serve.
204,24 Section 24. 196.24 (3) of the statutes is amended to read:
196.24 (3) The commission may conduct any number of investigations contemporaneously through different agents, and may delegate to any agent the authority to take testimony bearing upon any investigation or at any hearing. The decision of the commission shall comply with s. 227.46 and shall be based upon its records and upon the evidence before it, except that, notwithstanding s. 227.46 (4), a decision maker may hear a case or read or review the record of a case if the record includes a synopsis or summary of the testimony and other evidence presented at the hearing that is prepared by the commission staff. Parties shall have an opportunity to demonstrate to a decision maker that a synopsis or summary prepared under this subsection is not sufficiently complete or accurate to fairly reflect the relevant and material testimony or other evidence presented at a hearing.
204,25 Section 25. 196.377 (title) of the statutes is created to read:
196.377 (title) Renewable energy sources.
204,26 Section 26. 196.377 of the statutes is renumbered 196.377 (1).
204,27 Section 27. 196.377 (2) of the statutes is created to read:
196.377 (2) Eastern Wisconsin utilities. (a) In this subsection:
1. "Eastern Wisconsin utility" means a public utility, other than a municipal utility that, on the effective date of this subdivision .... [revisor inserts date], provided retail electric service to customers in the geographic area of the state that was served by the reliability council on that date.
2. "Municipality" means a city, town or village.
3. "Municipal utility" means a public utility that is a municipality or that is wholly owned or operated by a municipality.
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