SB475,12,1610 182.0175 (2) (as) 3. For parallel-type excavations within 18 inches of an
11underground transmission facility marked under sub. (2m), an excavator shall
12comply with generally accepted excavation practices, including the requirements
13under subd. 1., and shall visually identify the underground transmission facility by
14digging test holes at intervals not to exceed 50 feet along the line of excavation to
15avoid damages. An excavator shall exercise due care at all times to protect
16underground transmission facilities when exposing those facilities.
SB475,22 17Section 22. 182.0175 (2) (bm) (title) of the statutes is amended to read:
SB475,12,1818 182.0175 (2) (bm) (title) Notice contents.
SB475,23 19Section 23. 182.0175 (2m) (b) (intro.) of the statutes is amended to read:
SB475,13,1220 182.0175 (2m) (b) Facilities marking. (intro.) A person owning transmission
21facilities, upon receipt of an excavation notice, shall mark in a reasonable manner
22the locations of transmission facilities at the area described in the notice to enable
23the excavator to locate the transmission facilities without endangering the security
24of the facilities or the public. For purposes of this paragraph, transmission facilities
25are marked in a reasonable manner if the owner of the transmission facilities locates

1and marks the transmission facilities to a level of accuracy and precision consistent
2with national standards.
Except as provided in par. (bm), if the person is a local
3governmental unit and if the excavation notice relates to sewer or water facilities
4owned by the local governmental unit, the local governmental unit shall also mark
5the locations within the public right-of-way of all laterals connected to the sewer or
6water facilities at the area described in the notice. The marking of facilities shall be
7completed within 3 working days after receipt of the notice, or if notice is given more
8than 10 days before excavation is scheduled to begin, marking shall be completed at
9least 3 working days before excavation is scheduled to begin. If the approximate
10location of a transmission facility is marked with paint, flags, stakes or other
11physical means, the following color coding of lines, cables or conduits shall comply
12with the uniform color code adopted by the American National Standards Institute:
SB475,24 13Section 24. 182.0175 (3) (title) of the statutes is repealed and recreated to
14read:
SB475,13,1515 182.0175 (3) (title) Enforcement.
SB475,25 16Section 25. 182.0175 (3) (a) (title) of the statutes is renumbered 182.0175 (3)
17(d) (title) and amended to read:
SB475,13,1818 182.0175 (3) (d) (title) Forfeitures ; surcharges.
SB475,26 19Section 26. 182.0175 (3) (a) of the statutes is renumbered 182.0175 (3) (d) 1.
20and amended to read:
SB475,14,321 182.0175 (3) (d) 1. Any In a consent agreement under par. (c) 2. or order issued
22under par. (c) 4., the commission may directly assess a forfeiture against a
person
23who willfully and knowingly violates or aids in a violation of this section may be
24required to forfeit $2,000
of no more than $25,000 for each offense violation. Each
25day of continued violation constitutes a separate offense violation. The commission

1shall remit the forfeitures to the secretary of administration for deposit in the school
2fund. No other forfeiture may be imposed for violating or aiding in a violation of this
3section
.
SB475,27 4Section 27. 182.0175 (3) (b) of the statutes is renumbered 182.0175 (3) (h).
SB475,28 5Section 28. 182.0175 (3) (bg), (br) and (c) of the statutes are created to read:
SB475,14,86 182.0175 (3) (bg) Complaints. 1. Except as provided in subd. 4., any of the
7following may file a written complaint with the panel that a person other than a state
8agency has violated or aided in the violation of this section:
SB475,14,99 a. The one-call system.
SB475,14,1210 b. The department of transportation or a political subdivision, if property under
11the jurisdiction of the department or political subdivision is affected by an alleged
12violation of this section.
SB475,14,1413 c. A transmission facility owner, excavator, or underground line locator whose
14property or activities are affected by an alleged violation of this section.
SB475,14,1915 2. Except as provide in subd. 4., a person specified in subd. 1. a. to c. may file
16a written complaint with the commission that a state agency has violated or aided
17in the violation of this section. If the complaint also involves a respondent that is not
18a state agency, the commission may consider and determine the complaint against
19each respondent separately and at such times as the commission prescribes.
SB475,14,2020 3. A written complaint under subd. 1. or 2. shall include all of the following
SB475,14,2421 a. A short plain statement of the complaint that identifies the transaction or
22occurrence or series of transactions or occurrences for which the complaint arises and
23that shows that the person or state agency has violated or aided in the violation of
24this section.
SB475,15,2
1b. A statement of the provisions of statutes, rules, or commission orders that
2the person or state agency is alleged to have violated or aided in violation.
SB475,15,33 c. Copies of all records and papers on which the complaint is founded.
SB475,15,74 4. No person may file a complaint under subd. 1. or 2. more than 120 days after
5the person discovers an alleged violation of this section, except that the panel or
6commission may for good cause shown allow filing no later than one year after the
7discovery of the alleged violation.
SB475,15,98 5. No complaint filed under subd. 1. or 2. may be dismissed solely because of
9the absence of direct damage to the complainant.
SB475,15,1910 (br) Panel duties. 1. Upon receipt of a complaint filed under par. (bg) 1., the
11panel shall provide the respondent, by certified mail, a statement of the complaint
12and a notice requiring the respondent to file a response with the panel within 20 days
13after the date of service of the notice. The notice shall also advise the respondent of
14the amount of the fee required for completion of the educational course under subd.
154. Upon request of the respondent, the panel may extend the period for filing the
16response. The panel may consolidate complaints where appropriate. In the
17response, the respondent shall admit or deny the violation or aiding in a violation
18that is alleged in the complaint or advise the panel that, based on the respondent's
19satisfaction of the complaint, the complainant has agreed to dismiss the complaint.
SB475,16,220 2. Within the period specified in subd. 3., the panel shall determine by majority
21vote whether there is probable cause to believe that the respondent has violated or
22aided in the violation of this section or whether to dismiss the complaint. The panel
23shall dismiss a complaint for lack of probable cause or at the request of the
24complainant. Except as provided in subd. 4., if the panel determines there is
25probable cause to believe that a respondent violated or aided in the violation of this

1section, the panel shall refer the complaint to the commission and include the
2complaint and the response of the respondent.
SB475,16,43 3. The panel shall make a determination regarding probable cause under subd.
42. within one of the following periods:
SB475,16,65 a. If a respondent files a response within the period specified or extended under
6subd. 1., within 20 days after the respondent files the response.
SB475,16,97 b. If a respondent fails to file a response within the period specified in subd. 1.
8and the panel has not extended the period under subd. 1., within 40 days after the
9panel's service of the notice under subd. 1.
SB475,16,1210 c. If the panel has extended the period under subd. 1. and the respondent fails
11to file a response within the extended period, within 20 days after expiration of the
12extended period.
SB475,16,2013 4. If the panel determines there is probable cause to believe that a respondent
14violated or aided in the violation of this section, the panel may allow the respondent
15to attend an educational course in lieu of providing notice of probable violation to the
16commission under subd. 2. The one-call system shall require a respondent who
17agrees to attend the educational course to pay a fee before completion of the course
18for recovering a portion of the cost of producing the educational course and the direct
19cost of administering the educational course for the respondent. The one-call system
20shall deposit any fees collected in the damage prevention fund.
SB475,17,521 (c) Commission duties. 1. Upon the filing of a complaint under par. (bg) 2. or
22receipt of a referral under par. (br) 2., the commission may, with or without notice,
23investigate the complaint as it considers necessary to determine if sufficient cause
24exists to warrant a hearing on the complaint. If the commission determines that
25sufficient cause exists to warrant a hearing on the complaint, the commission shall

1set the matter for a public hearing upon 10 days' notice and treat the complaint as
2a contested case. If the commission determines that sufficient cause does not exist
3to warrant a hearing on the complaint, and within 30 days of that determination the
4complainant or respondent disputes that determination, the commission shall treat
5the complaint as a contested case.
SB475,17,96 2. At any time before the commission issues an order under subd. 4., the
7commission and the respondent may agree to dismiss the complaint by joint
8execution of a consent agreement. A consent agreement shall become effective when
9the commission issues an order approving the consent agreement.
SB475,17,1310 3. A consent agreement under subd. 2. may assess against the respondent a
11forfeiture under par. (d) 1., require the respondent to attend the educational course
12under par. (br) 4., or do both. Each consent agreement under subd. 2. shall include
13all of the following:
SB475,17,1414 a. An admission by the respondent of all jurisdictional facts.
SB475,17,1715 b. An express waiver of any further procedural steps and of the right to seek
16judicial review or otherwise challenge or contest the validity of the commission's
17order approving the consent agreement.
SB475,17,1918 c. A statement of the actions required of the respondent and the time by which
19the actions shall be completed.
SB475,18,220 4. If a complaint is treated as a contested case under subd. 1. and not dismissed
21under a consent agreement under subd. 2., the commission shall determine whether
22probable cause exists to believe the respondent has violated or aided in the violation
23of this section. If the commission determines that probable cause exists to believe
24the respondent has violated or aided in the violation of this section, the commission
25may issue an order that assesses a forfeiture under par. (d) 1., requires the

1respondent to attend the educational course under par. (br) 4., or does both. The
2commission may not issue an order under this subdivision without a hearing.
SB475,18,73 5. If a consent agreement under subd. 2. or order under subd. 4. requires a
4respondent to attend the educational course under par. (br) 4., the consent
5agreement or order shall also require the respondent to pay the one-call system a fee
6determined by the one-call system for the educational course, which the one-call
7system shall deposit in the damage prevention fund.
SB475,29 8Section 29. 182.0175 (3) (d) 2. of the statutes is created to read:
SB475,18,139 182.0175 (3) (d) 2. For each forfeiture assessed under subd. 1., the commission
10shall require the person assessed to pay a surcharge equal to 10 percent of the
11amount of the forfeiture to the one-call system, which the one-call system shall
12deposit in the damage prevention fund. If the amount of a forfeiture is reduced on
13appeal, the amount of the surcharge shall be proportionately reduced.
SB475,30 14Section 30. 182.0175 (3) (e) of the statutes is created to read:
SB475,18,1815 182.0175 (3) (e) Presumption of validity. Any order or determination of the
16commission under this section is presumed valid. The burden is upon the person
17claiming the order or determination to be invalid to plead and prove the facts
18establishing the invalidity.
SB475,31 19Section 31. 182.0175 (3) (f) of the statutes is created to read:
SB475,18,2220 182.0175 (3) (f) Judicial review. Judicial review of an order of the commission
21under par. (c) 4. may be had by any person aggrieved in the manner prescribed in ch.
22227.
SB475,32 23Section 32. 182.0175 (3) (g) of the statutes is created to read:
SB475,18,2524 182.0175 (3) (g) Rules. The commission may promulgate rules implementing
25the requirements under pars. (c) to (e).
SB475,33
1Section 33. 182.0175 (4) of the statutes is amended to read:
SB475,19,42 182.0175 (4) Right of action. This Except as provided in sub. (3) (d) 1. and (e),
3this
section shall not affect any right of action or penalty which this state or any
4person may have.
SB475,34 5Section 34. 182.0175 (5) of the statutes is amended to read:
SB475,19,156 182.0175 (5) Right to injunction. If any person engages in or is likely to
7engage in excavation inconsistent with this section and which results or is likely to
8result in damage to transmission facilities, the person who owns or operates the
9facilities may seek injunctive relief in the circuit court for the county in which the
10transmission facilities are located. If the transmission facilities are owned or
11operated by a public utility as defined in s. 196.01 (5), including a
12telecommunications carrier, as defined in s. 196.01 (8m), and the public utility does
13not seek injunctive relief, the attorney general, upon request of the public service
14commission, shall seek injunctive relief in the circuit court for the county in which
15the transmission facilities are located.
SB475,35 16Section 35. 196.025 (4) of the statutes is repealed.
SB475,36 17Section 36. 196.025 (5) of the statutes is repealed.
SB475,37 18Section 37. 196.025 (7) of the statutes is created to read:
SB475,19,2019 196.025 (7) State energy office. (a) The commission shall do all of the
20following:
SB475,19,2321 1. In cooperation with the other state agencies, collect, analyze, interpret, and
22maintain the comprehensive data needed for effective state agency energy planning
23and effective review of those plans by the governor and the legislature.
SB475,19,2524 2. Administer federal energy grants, when so designated by the governor
25pursuant to s. 16.54.
SB475,20,5
1(b) The commission may provide technical assistance to units of government
2other than the state to assist in the planning and implementation of energy efficiency
3and renewable resources and may charge for those services. The commission may
4request technical and staff assistance from other state agencies in providing
5technical assistance to those units of government.
SB475,20,106 (c) The commission may require a public utility to provide energy billing and
7use data regarding public schools, if the commission determines that the data is
8necessary to provide technical assistance in the planning and implementation of
9energy efficiency and renewable resources in public schools, including those with the
10highest energy costs.
SB475,38 11Section 38. 196.026 of the statutes is created to read:
SB475,20,13 12196.026 Settlements. (1) All parties to dockets before the commission are
13encouraged to enter into settlements when possible.
SB475,20,15 14(2) In this section, “docket” means an investigation, proceeding, or other matter
15opened by a vote of the commission, except for rule making.
SB475,20,18 16(3) Parties to a docket may agree upon some or all of the facts. The agreement
17shall be evidenced by a written stipulation filed with the commission or entered upon
18the record. The stipulation shall be regarded and used as evidence in the docket.
SB475,20,24 19(4) Parties to a docket may agree upon a resolution of some or all of the issues.
20When a written settlement agreement is proposed by some of the parties, those
21parties shall submit to the commission the settlement agreement and any
22documents, testimony, or exhibits, including record citations if there is a record, and
23any other matters those parties consider relevant to the proposed settlement and
24serve a copy of the settlement agreement upon all parties to the docket.
SB475,21,5
1(5) If a proposed settlement agreement is not supported by all parties, the
2settling parties shall convene at least one conference with notice and opportunity to
3participate provided to all parties for the purpose of discussing the proposed
4settlement agreement. A nonsettling party may waive its right to the conference
5provided in this subsection.
SB475,21,13 6(6) Within 30 days of service of a settlement agreement under sub. (4), each
7party to the docket shall respond in writing by filing and serving on all parties the
8party's agreement, objection, or nonobjection to the settlement agreement. Failure
9to respond in writing within 30 days of service, unless a different time is set by the
10commission for good cause, shall constitute nonobjection to the settlement
11agreement. A party objecting to a settlement agreement shall state all objections
12with particularity and shall specify how the party would be adversely affected by
13each provision of the settlement agreement to which the party objects.
SB475,21,15 14(7) The commission may approve a settlement agreement under sub. (4) if all
15of following conditions are met:
SB475,21,1716 (a) All of the following have been given a reasonable opportunity to present
17evidence and arguments in opposition to the settlement agreement:
SB475,21,1918 1. Each party that has filed an objection or nonobjection to the settlement
19agreement under sub. (6).
SB475,21,2120 2. Each party whose failure to respond in writing constitutes a nonobjection to
21the settlement agreement under sub. (6).
SB475,21,2322 (b) The commission finds that the public interest is adequately represented by
23the parties who entered into the settlement agreement.
SB475,22,224 (c) The commission finds that the settlement agreement represents a fair and
25reasonable resolution to the docket, is supported by substantial evidence on the

1record as a whole, and complies with applicable law, including that any rates
2resulting from the settlement agreement are just and reasonable.
SB475,22,6 3(8) The commission may approve a settlement agreement under sub. (4) in
4whole or in part and with conditions deemed necessary by the commission. If the
5settlement agreement does not resolve all of the issues in the docket, the commission
6shall decide the remaining issues in accordance with applicable law and procedure.
SB475,39 7Section 39. 196.192 (2) (am) of the statutes, as affected by 2017 Wisconsin Act
858
, is repealed.
SB475,40 9Section 40. 196.192 (2) (bm) of the statutes, as affected by 2017 Wisconsin Act
1058
, is renumbered 196.192 (2) (bm) (intro.) and amended to read:
SB475,22,1411 196.192 (2) (bm) (intro.) The Except as provided in par. (br), the commission
12shall approve market-based rates that are consistent with the options specified in
13par. (am), except that the
for each investor-owned electric public utility that satisfy
14all of the following:
SB475,22,17 15(br) The commission may not approve a market-based rate under par. (bm)
16unless the commission determines that the rate will not harm shareholders of the
17investor-owned electric public utility or customers who are not subject to the rate.
SB475,41 18Section 41. 196.192 (2) (bm) 1. and 2. of the statutes are created to read:
SB475,22,2119 196.192 (2) (bm) 1. The rates result in customers receiving market-based
20compensation for voluntary interruptions of firm load during peak periods of electric
21use.
SB475,22,2522 2. The rates include market-based pricing options and options for individual
23contracts that allow a retail customer, through service from its existing public utility,
24to receive market benefits and take market risks for the customer's purchases of
25capacity or energy.
SB475,42
1Section 42. 196.192 (2) (c) of the statutes, as affected by 2017 Wisconsin Act
258
, is amended to read:
SB475,23,63 196.192 (2) (c) Subject to any approval of the commission that is necessary, an
4electric public utility that is not an investor-owned electric public utility may
5implement market-based rates approved under par. (bm) or implement the options
6in filings under par. (am) that are approved by the commission
.
SB475,43 7Section 43. 196.192 (3m) of the statutes, as affected by 2017 Wisconsin Act 58,
8is amended to read:
SB475,23,119 196.192 (3m) Nothing in s. 196.20, 196.22, 196.37, 196.60 or 196.604 prohibits
10the commission from approving a filing under sub. (2) (am) or (2m) (a) or approving
11market-based rates under sub. (2) (bm) or (2m) (b).
SB475,44 12Section 44. 196.193 (3) of the statutes is amended to read:
SB475,23,2113 196.193 (3) Determination of an overall rate of return. Not later than
14March 1 annually, the commission shall set the overall rate of return to be applicable
15to municipally owned water public utilities or municipally owned combined water
16and sewer public utilities for rate increases under this section. The overall rate of
17return shall be equal to the simple average, rounded to the nearest tenth of 1 percent,
18of
commission shall consider the interest rates listed for state and local bonds in the
19Federal Reserve Statistical Release H.15 (519) published by the federal reserve
20board, for the last quarter of the prior year, plus 2 percent
setting the overall rate of
21return
. The overall rate of return need not be defined by rule.
SB475,45 22Section 45. 196.49 (5g) (ag) of the statutes is amended to read:
SB475,24,223 196.49 (5g) (ag) In this subsection, “rebuild" means the replacement of all or
24part of an existing electric transmission line and associated facilities to increase the

1line's capacity to carry current at the same voltage
, including conductors, insulators,
2transformers, or structures, for operation at the same voltage.
SB475,46 3Section 46. 196.49 (5g) (ar) 2m. b. of the statutes is amended to read:
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