Amendment ASA1-AB532

AB532-ASA1,20 Section 20 . 182.0175 (2) (am) 7. of the statutes is amended to read:

AB532-ASA1,12,22 182.0175 (2) (am) 7. Immediately notify the owner of a transmission facility if an inspection reveals that the transmission facility has been or may have been struck, damaged, dislocated, or disrupted and, if flammable, toxic, or corrosive gas or liquid has escaped that may endanger life, cause bodily harm, or result in damage to property, promptly make a report to the 911 emergency telephone number.

AB532-ASA1,21 Section 21 . 182.0175 (2) (as) (title) of the statutes is created to read:

AB532-ASA1,12,24 182.0175 (2) (as) (title) Minimum clearance.

AB532-ASA1,22 Section 22 . 182.0175 (2) (bm) (title) of the statutes is amended to read:

AB532-ASA1,13,1 182.0175 (2) (bm) (title) Notice contents.

AB532-ASA1,23 Section 23 . 182.0175 (2m) (b) (intro.) of the statutes is amended to read:

AB532-ASA1,13,20 182.0175 (2m) (b) Facilities marking. (intro.) A person owning transmission facilities, upon receipt of an excavation notice, shall mark in a reasonable manner the locations of transmission facilities at the area described in the notice to enable the excavator to locate the transmission facilities without endangering the security of the facilities or the public. For purposes of this paragraph, transmission facilities are marked in a reasonable manner if the owner of the transmission facilities locates and marks the transmission facilities to a level of accuracy and precision consistent with national standards. Except as provided in par. (bm), if the person is a local governmental unit and if the excavation notice relates to sewer or water facilities owned by the local governmental unit, the local governmental unit shall also mark the locations within the public right-of-way of all laterals connected to the sewer or water facilities at the area described in the notice. The marking of facilities shall be completed within 3 working days after receipt of the notice, or if notice is given more than 10 days before excavation is scheduled to begin, marking shall be completed at least 3 working days before excavation is scheduled to begin. If the approximate location of a transmission facility is marked with paint, flags, stakes or other physical means, the following color coding of lines, cables or conduits shall comply with the uniform color code adopted by the American National Standards Institute:

AB532-ASA1,24 Section 24 . 182.0175 (3) (title) of the statutes is repealed and recreated to read:

AB532-ASA1,13,24 182.0175 (3) (title) Enforcement for natural gas and other hazardous materials.

AB532-ASA1,25 Section 25. 182.0175 (3) (a) (title) of the statutes is renumbered 182.0175 (3) (d) (title) and amended to read:

AB532-ASA1,14,3 182.0175 (3) (d) (title) Forfeitures ; surcharges.

AB532-ASA1,26 Section 26 . 182.0175 (3) (a) of the statutes is renumbered 182.0175 (3) (d) 1. and amended to read:

AB532-ASA1,14,15 182.0175 (3) (d) 1. Any In a consent agreement under par. (c) 2. or order issued under par. (c) 4., the commission may directly assess a forfeiture of no more than $25,000 for each violation of this section against a person who willfully and knowingly violates knew or should have known that the person's action was in violation of this section may be required to forfeit $2,000 for each offense. Each day of continued violation constitutes a separate offense violation. No person may be required by the commission to forfeit an amount exceeding $500,000 for a single persisting violation. The commission shall remit the forfeitures to the secretary of administration for deposit in the school fund. No other forfeiture may be imposed for violating this section.

AB532-ASA1,27 Section 27 . 182.0175 (3) (b) of the statutes is renumbered 182.0175 (3r) and amended to read:

AB532-ASA1,14,22 182.0175 (3r) Misdemeanor. Whoever intentionally removes, moves, or obliterates a transmission facilities marking placed by the transmission facilities owner may be fined not more than $500 or imprisoned for not more than 30 days or both. This paragraph subsection does not apply to an excavator who removes or obliterates markings during an excavation.

AB532-ASA1,28 Section 28 . 182.0175 (3) (bc), (bg), (br) and (c) of the statutes are created to read:

AB532-ASA1,15,3 182.0175 (3) (bc) Applicability. 1. This subsection applies to violations involving transmission facilities that transport natural gas or other hazardous materials.

AB532-ASA1,15,5 2. Except as provided in subd. 3., this subsection does not apply to violations by any of the following:

AB532-ASA1,15,8 a. A residential property owner or tenant whose violation of this section results from an excavation on property owned or leased by the residential property owner or tenant.

AB532-ASA1,15,10 b. A person whose violation of this section results from an excavation performed while the person is engaged in an agricultural activity.

AB532-ASA1,15,12 3. Subdivision 2. does not apply to an excavation performed by or on behalf of a person engaged in the business of performing excavations for the public.

AB532-ASA1,15,16 (bg) Complaints. 1. Except as provided in subd. 4., any of the following may file a written complaint with the panel that a person other than a state agency has taken an action that the person knew or should have known was in violation of this section:

AB532-ASA1,15,17 a. The one-call system.

AB532-ASA1,15,20 b. The department of transportation or a political subdivision, if property under the jurisdiction of the department or political subdivision is affected by an alleged violation of this section.

AB532-ASA1,15,22 c. A transmission facility owner, excavator, or underground line locator whose property or activities are affected by an alleged violation of this section.

AB532-ASA1,16,3 2. Except as provide in subd. 4., a person specified in subd. 1. a. to c. may file a written complaint with the commission that a state agency has taken an action that the state agency knew or should have known was in violation of this section. If the complaint also involves a respondent that is not a state agency, the commission may consider and determine the complaint against each respondent separately and at such times as the commission prescribes.

AB532-ASA1,16,4 3. A written complaint under subd. 1. or 2. shall include all of the following

AB532-ASA1,16,8 a. A short plain statement of the complaint that identifies the transaction or occurrence or series of transactions or occurrences for which the complaint arises and that shows that the person or state agency has taken an action that the person or state agency knew or should have known was in violation of this section.

AB532-ASA1,16,10 b. A statement of the provisions of statutes, rules, or commission orders that the person's or state agency's action allegedly violated.

AB532-ASA1,16,11 c. Copies of all records and papers on which the complaint is founded.

AB532-ASA1,16,15 4. No person may file a complaint under subd. 1. or 2. more than 120 days after the person discovers an alleged violation of this section, except that the panel or commission may for good cause shown allow filing no later than one year after the discovery of the alleged violation.

AB532-ASA1,16,17 5. No complaint filed under subd. 1. or 2. may be dismissed solely because of the absence of direct damage to the complainant.

AB532-ASA1,17,2 (br) Panel duties. 1. Upon receipt of a complaint filed under par. (bg) 1., the panel shall provide the respondent, by certified mail, a statement of the complaint and a notice requiring the respondent to file a response with the panel within 20 days after the date of service of the notice. The notice shall also advise the respondent of the amount of the fee required for completion of the educational course under subd. 4. Upon request of the respondent, the panel may extend the period for filing the response. The panel may consolidate complaints where appropriate. In the response, the respondent shall admit or deny the violation or aiding in a violation that is alleged in the complaint or advise the panel that, based on the respondent's satisfaction of the complaint, the complainant has agreed to dismiss the complaint.

AB532-ASA1,17,11 2. Within the period specified in subd. 3., the panel shall determine by majority vote whether there is probable cause to believe that the respondent has taken an action that the respondent knew or should have known was in violation of this section or whether to dismiss the complaint. The panel shall dismiss a complaint for lack of probable cause or at the request of the complainant. Except as provided in subd. 4., if the panel determines there is probable cause to believe that a respondent has taken an action that the respondent knew or should have known was in violation of this section, the panel shall refer the complaint to the commission and include the complaint and the response of the respondent.

AB532-ASA1,17,13 3. The panel shall make a determination regarding probable cause under subd. 2. within one of the following periods:

AB532-ASA1,17,15 a. If a respondent files a response within the period specified or extended under subd. 1., within 20 days after the respondent files the response.

AB532-ASA1,17,18 b. If a respondent fails to file a response within the period specified in subd. 1. and the panel has not extended the period under subd. 1., within 40 days after the panel's service of the notice under subd. 1.

AB532-ASA1,17,21 c. If the panel has extended the period under subd. 1. and the respondent fails to file a response within the extended period, within 20 days after expiration of the extended period.

AB532-ASA1,18,5 4. If the panel determines there is probable cause to believe that a respondent has taken an action that the respondent knew or should have known was in violation of this section, the panel may allow the respondent to attend an educational course in lieu of providing notice of probable violation to the commission under subd. 2. The one-call system shall require a respondent who agrees to attend the educational course to pay a fee before completion of the course for recovering a portion of the cost of producing the educational course and the direct cost of administering the educational course for the respondent. The one-call system shall deposit any fees collected in the damage prevention fund.

AB532-ASA1,18,15 (c) Commission duties. 1. Upon the filing of a complaint under par. (bg) 2. or receipt of a referral under par. (br) 2., the commission may, with or without notice, investigate the complaint as it considers necessary to determine if sufficient cause exists to warrant a hearing on the complaint. If the commission determines that sufficient cause exists to warrant a hearing on the complaint, the commission shall set the matter for a public hearing upon 10 days' notice and treat the complaint as a contested case. If the commission determines that sufficient cause does not exist to warrant a hearing on the complaint, and within 30 days of that determination the complainant or respondent disputes that determination, the commission shall treat the complaint as a contested case.

AB532-ASA1,18,19 2. At any time before the commission issues an order under subd. 4., the commission and the respondent may agree to dismiss the complaint by joint execution of a consent agreement. A consent agreement shall become effective when the commission issues an order approving the consent agreement.

AB532-ASA1,18,23 3. A consent agreement under subd. 2. may assess against the respondent a forfeiture under par. (d) 1., require the respondent to attend the educational course under par. (br) 4., or do both. Each consent agreement under subd. 2. shall include all of the following:

AB532-ASA1,18,24 a. An admission by the respondent of all jurisdictional facts.

AB532-ASA1,19,3 b. An express waiver of any further procedural steps and of the right to seek judicial review or otherwise challenge or contest the validity of the commission's order approving the consent agreement.

AB532-ASA1,19,5 c. A statement of the actions required of the respondent and the time by which the actions shall be completed.

AB532-ASA1,19,14 4. If a complaint is treated as a contested case under subd. 1. and not dismissed under a consent agreement under subd. 2., the commission shall determine whether probable cause exists to believe the respondent has taken an action that the respondent knew or should have known was in violation of this section. If the commission determines that the respondent has taken an action that the respondent knew or should have known was in violation of this section, the commission may issue an order that assesses a forfeiture under par. (d) 1., requires the respondent to attend the educational course under par. (br) 4., or does both. The commission may not issue an order under this subdivision without a hearing.

AB532-ASA1,19,19 5. If a consent agreement under subd. 2. or order under subd. 4. requires a respondent to attend the educational course under par. (br) 4., the consent agreement or order shall also require the respondent to pay the one-call system a fee determined by the one-call system for the educational course, which the one-call system shall deposit in the damage prevention fund.

AB532-ASA1,29 Section 29 . 182.0175 (3) (d) 2. of the statutes is created to read:

AB532-ASA1,19,25 182.0175 (3) (d) 2. For each forfeiture assessed under subd. 1., the commission shall require the person assessed to pay a surcharge equal to 10 percent of the amount of the forfeiture to the one-call system, which the one-call system shall deposit in the damage prevention fund. If the amount of a forfeiture is reduced on appeal, the amount of the surcharge shall be proportionately reduced.

AB532-ASA1,30 Section 30. 182.0175 (3) (e) of the statutes is created to read:

AB532-ASA1,20,5 182.0175 (3) (e) Lawful and reasonable orders and determinations. After the effective date of any order or determination of the commission under this section, the order or determination shall be on its face lawful and reasonable unless a court determines otherwise under s. 227.57.

AB532-ASA1,31 Section 31 . 182.0175 (3) (f) of the statutes is created to read:

AB532-ASA1,20,9 182.0175 (3) (f) Judicial review. Judicial review of an order of the commission under par. (c) 4. may be had by any person aggrieved in the manner prescribed in ch. 227.

AB532-ASA1,32 Section 32 . 182.0175 (3) (g) of the statutes is created to read:

AB532-ASA1,20,12 182.0175 (3) (g) Rules. The commission may promulgate rules implementing the requirements under pars. (c) to (e).

AB532-ASA1,33 Section 33 . 182.0175 (3g) of the statutes is created to read:

AB532-ASA1,20,16 182.0175 (3g) Other forfeitures. (a) 1. This subsection applies to violations involving transmission facilities that do not transport natural gas or other hazardous materials.

AB532-ASA1,20,18 2. Except as provided in subd. 3., this subsection does not apply to violations by any of the following:

AB532-ASA1,20,21 a. A residential property owner or tenant whose violation of this section results from an excavation on property owned or leased by the residential property owner or tenant.

AB532-ASA1,20,23 b. A person whose violation of this section results from an excavation performed while the person is engaged in an agricultural activity.

AB532-ASA1,20,25 3. Subdivision 2. does not apply to an excavation performed by or on behalf of a person engaged in the business of performing excavations for the public.

AB532-ASA1,21,3 (b) Any person who willfully and knowingly violates this section may be required to forfeit $2,000 for each offense. Each day of continued violation constitutes a separate offense.

AB532-ASA1,34 Section 34 . 182.0175 (4) of the statutes is amended to read:

AB532-ASA1,21,7 182.0175 (4) Right of action. This Except as provided in sub. (3) (d) 1. and (e), this section shall not affect any right of action or penalty which this state or any person may have.

AB532-ASA1,35 Section 35 . 182.0175 (5) of the statutes is amended to read:

AB532-ASA1,21,18 182.0175 (5) Right to injunction. If any person engages in or is likely to engage in excavation inconsistent with this section and which results or is likely to result in damage to transmission facilities, the person who owns or operates the facilities may seek injunctive relief in the circuit court for the county in which the transmission facilities are located. If the transmission facilities are owned or operated by a public utility as defined in s. 196.01 (5), including a telecommunications carrier, as defined in s. 196.01 (8m), and the public utility does not seek injunctive relief, the attorney general, upon request of the public service commission, shall seek injunctive relief in the circuit court for the county in which the transmission facilities are located.

AB532-ASA1,36 Section 36. 196.025 (4) of the statutes is repealed.

AB532-ASA1,37 Section 37. 196.025 (5) of the statutes is repealed.

AB532-ASA1,38 Section 38. 196.025 (7) of the statutes is created to read:

AB532-ASA1,21,23 196.025 (7) State energy office. (a) The commission shall do all of the following:

AB532-ASA1,22,3 1. In cooperation with the other state agencies, collect, analyze, interpret, and maintain the comprehensive data needed for effective state agency energy planning and effective review of those plans by the governor and the legislature.

AB532-ASA1,22,5 2. Administer federal energy grants, when so designated by the governor pursuant to s. 16.54.

AB532-ASA1,22,10 (b) The commission may provide technical assistance to units of government other than the state to assist in the planning and implementation of energy efficiency and renewable resources and may charge for those services. The commission may request technical and staff assistance from other state agencies in providing technical assistance to those units of government.

AB532-ASA1,22,15 (c) The commission may require a public utility to provide energy billing and use data regarding public schools, if the commission determines that the data is necessary to provide technical assistance in the planning and implementation of energy efficiency and renewable resources in public schools, including those with the highest energy costs.

AB532-ASA1,39 Section 39 . 196.026 of the statutes is created to read:

AB532-ASA1,22,18 196.026 Settlements. (1) All parties to dockets before the commission are encouraged to enter into settlements when possible.

AB532-ASA1,22,20 (2) In this section, “docket” means an investigation, proceeding, or other matter opened by a vote of the commission, except for rule making.

AB532-ASA1,22,23 (3) Parties to a docket may agree upon some or all of the facts. The agreement shall be evidenced by a written stipulation filed with the commission or entered upon the record. The stipulation shall be regarded and used as evidence in the docket.

AB532-ASA1,23,4 (4) Parties to a docket may agree upon a resolution of some or all of the issues. When a written settlement agreement is proposed by some of the parties, those parties shall submit to the commission the settlement agreement and any documents, testimony, or exhibits, including record citations if there is a record, and any other matters those parties consider relevant to the proposed settlement and serve a copy of the settlement agreement upon all parties to the docket.

AB532-ASA1,23,9 (5) If a proposed settlement agreement is not supported by all parties, the settling parties shall convene at least one conference with notice and opportunity to participate provided to all parties for the purpose of discussing the proposed settlement agreement. A nonsettling party may waive its right to the conference provided in this subsection.

AB532-ASA1,23,17 (6) Within 30 days of service of a settlement agreement under sub. (4), each party to the docket shall respond in writing by filing and serving on all parties the party's agreement, objection, or nonobjection to the settlement agreement. Failure to respond in writing within 30 days of service, unless a different time is set by the commission for good cause, shall constitute nonobjection to the settlement agreement. A party objecting to a settlement agreement shall state all objections with particularity and shall specify how the party would be adversely affected by each provision of the settlement agreement to which the party objects.

AB532-ASA1,23,19 (7) The commission may approve a settlement agreement under sub. (4) if all of following conditions are met:

AB532-ASA1,23,21 (a) All of the following have been given a reasonable opportunity to present evidence and arguments in opposition to the settlement agreement:

AB532-ASA1,23,23 1. Each party that has filed an objection or nonobjection to the settlement agreement under sub. (6).

AB532-ASA1,23,25 2. Each party whose failure to respond in writing constitutes a nonobjection to the settlement agreement under sub. (6).

AB532-ASA1,24,2 (b) The commission finds that the public interest is adequately represented by the parties who entered into the settlement agreement.

AB532-ASA1,24,6 (c) The commission finds that the settlement agreement represents a fair and reasonable resolution to the docket, is supported by substantial evidence on the record as a whole, and complies with applicable law, including that any rates resulting from the settlement agreement are just and reasonable.

AB532-ASA1,24,10 (8) The commission may approve a settlement agreement under sub. (4) in whole or in part and with conditions deemed necessary by the commission. If the settlement agreement does not resolve all of the issues in the docket, the commission shall decide the remaining issues in accordance with applicable law and procedure.