2005 - 2006 LEGISLATURE
January 6, 2006 - Introduced by Senators Leibham and Kanavas, cosponsored by
Representatives Nass, LeMahieu, Hines, Hahn, Pettis, Ainsworth and
Montgomery. Referred to Committee on Natural Resources and
Transportation.
SB498,1,4
1An Act to amend 182.0175 (2m) (a) 2. and 182.0175 (2m) (b) (intro.); and
to
2create 182.0175 (1) (bt), 182.0175 (2m) (bm) and 182.0715 (2r) of the statutes;
3relating to: excavation notices and installation of certain water and sewer
4laterals.
Analysis by the Legislative Reference Bureau
Current law requires all transmission facilities owners to ensure that a
statewide communications system is in place to receive notices of proposed
excavations and to forward the notices to owners of transmission facilities that may
be affected by the excavations. Transmission facilities include such things as utility
wires and associated facilities, water and sewer systems, and communications
facilities. Under current law, upon receiving a notice of a proposed excavation, the
owner of transmission facilities must mark the area of the excavation described in
the notice in such a way that the excavator will be able to locate the affected
transmission facilities and perform the excavation without endangering the
facilities or the public.
Under this bill, except as described below, any local governmental unit that
receives such a notice relating to its sewer or water facilities must mark the location
within the public right-of-way of all laterals connected to the sewer or water
facilities at the area described in the notice. However, if the lateral was installed
before January 1, 2007, instead of marking the location, the local government unit
may provide the excavator with information on the location of the lateral as shown
on maps, drawings, diagrams, or other records. If the local government has no such
information regarding a lateral installed before January 1, 2007, the local
government unit is not required to mark the location if the local government unit
provides the excavator with a notice certifying that the local government unit has no
such information.
In addition, the bill requires local government units to require any person who,
after December 31, 2006, installs a nonconductive water or sewer lateral in the local
government unit's jurisdiction to also install a locating wire or other equally effective
means for marking the location of the lateral. However, local government units may
not apply this requirement to minor repairs to, or partial replacements of, laterals
installed before January 1, 2007.
For further information see the 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:
SB498, s. 1
1Section
1. 182.0175 (1) (bt) of the statutes is created to read:
SB498,2,52
182.0175
(1) (bt) "Local governmental unit" means a political subdivision of
3this state, a special purpose district in this state, an instrumentality or corporation
4of such a political subdivision or special purpose district, a combination or subunit
5of any of the foregoing or an instrumentality of the state and any of the foregoing.
SB498, s. 2
6Section
2. 182.0175 (2m) (a) 2. of the statutes is amended to read:
SB498,2,97
182.0175
(2m) (a) 2. Respond to an excavation notice within 3 working days
8by marking the location of transmission facilities
and, if applicable, laterals as
9provided under par. (b) in the area described in the excavation notice.
SB498, s. 3
10Section
3. 182.0175 (2m) (b) (intro.) of the statutes is amended to read:
SB498,3,1011
182.0175
(2m) (b)
Facilities marking. (intro.) A person owning transmission
12facilities, upon receipt of an excavation notice, shall mark in a reasonable manner
13the locations of transmission facilities at the area described in the notice to enable
14the excavator to locate the transmission facilities without endangering the security
15of the facilities or the public.
Except as provided in par. (bm), if the person is a local
1governmental unit and if the excavation notice relates to sewer or water facilities
2owned by the local governmental unit, the local governmental unit shall also mark
3the locations within the public right-of-way of all laterals connected to the sewer or
4water facilities at the area described in the notice. The marking of facilities shall be
5completed within 3 working days after receipt of the notice, or if notice is given more
6than 10 days before excavation is scheduled to begin, marking shall be completed at
7least 3 working days before excavation is scheduled to begin. If the approximate
8location of a transmission facility is marked with paint, flags, stakes or other
9physical means, the following color coding of lines, cables or conduits shall comply
10with the uniform color code adopted by the American National Standards Institute:
SB498, s. 4
11Section
4. 182.0175 (2m) (bm) of the statutes is created to read:
SB498,3,1912
182.0175
(2m) (bm) In lieu of marking within the public right-of-way the
13locations of sewer or water service laterals installed before January 1, 2007, a local
14government unit may provide an excavator with information on the location of such
15laterals as shown on maps, drawings, diagrams, or other records. If a local
16government unit has no such information regarding such laterals installed before
17January 1, 2007, and the local government unit provides the excavator with a notice
18certifying that the local government unit has no such information, the local
19government unit is considered to have satisfied the requirements of par. (b).
SB498, s. 5
20Section
5. 182.0715 (2r) of the statutes is created to read:
SB498,4,221
182.0715
(2r) Facilities installed after December 31, 2006. Each local
22government unit shall require any person who, after December 31, 2006, installs a
23nonconductive water or sewer lateral in the jurisdiction of the local government unit
24to also install a locating wire or other equally effective means for marking the
1location of the lateral. The requirement shall not apply to minor repairs to, or partial
2replacements of, laterals installed before January 1, 2007.