101.16 (6) Exemption. This section
shall does not apply to railroads engaged in interstate commerce or to equipment used by them.
203,27
Section
27. 101.19 (1) (L) of the statutes is created to read:
101.19 (1) (L) Issuing licenses to retail suppliers of liquefied petroleum gas under s. 101.16 (3g), except as provided in sub. (1m).
203,28
Section
28. 101.19 (1m) of the statutes is created to read:
101.19 (1m) The department shall collect an annual fee of $20 for issuing a license under s. 101.16 (3g) to a retail supplier who only fills department of transportation cylinders.
203,28m
Section 28m. 182.0175 (1) (bu) of the statutes is created to read:
182.0175 (1) (bu) "Pavement" means asphalt or concrete pavement.
203,29
Section
29. 182.0175 (1) (bv) of the statutes is created to read:
182.0175 (1) (bv) "Private transmission facilities" means transmission facilities that are owned by a person, other than a governmental unit, and that are located on private property owned or leased by that person and that do not cross a public right-of-way.
203,30
Section
30. 182.0175 (1) (c) (intro.) of the statutes is renumbered 182.0175 (1) (c) and amended to read:
182.0175 (1) (c) "Transmission facilities" includes all pipes, pipelines, wires, cables, ducts, wirelines and associated facilities, whether underground or aboveground, regardless of the nature of their transmittants or of their in-service application. The term includes, but is not restricted to, utility facilities, government-owned facilities, facilities transporting hazardous materials, communications and data facilities, drainage and water facilities and sewer systems. The term does not include any of the following: culverts.
203,31
Section
31. 182.0175 (1) (c) 1. of the statutes is repealed.
203,32
Section
32. 182.0175 (1) (c) 2. of the statutes is repealed.
203,33
Section
33. 182.0175 (1m) (a) of the statutes is amended to read:
182.0175 (1m) (a) Statewide system.
Transmission facilities owners Owners of transmission facilities, other than private transmission facilities, shall establish or designate a nonprofit organization governed by a board of directors as the operator of a one-call system and shall be members of the system. The one-call system shall be a statewide communication system in which a single operational center receives excavation notices and transmits notice information to affected-member transmission facilities owners. Owners of private transmission facilities may be members.
203,34
Section
34. 182.0175 (1m) (b) of the statutes is repealed.
203,35
Section
35. 182.0175 (1m) (bm) of the statutes is amended to read:
182.0175 (1m) (bm) Membership fees.
Members A member may be assessed an initial start-up fee equal to the system's costs in adding the member to the one-call system, except that any initial start-up fee may not exceed $100 for a member whose transmission facilities serve less than 5,000 customers. For purposes of assessing the initial start-up fee, affiliated transmission facilities owners shall be considered a single member. Under this paragraph, a transmission facilities owner is affiliated with another transmission facilities owner if the transmission facilities owner, directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the other transmission facilities owner. Members shall also be assessed a fee per notice of intended excavation activity. Membership in the one-call system ceases if a fee assessed under this paragraph is more than 90 days past due. A transmission facilities owner may be reinstated as a member upon payment of the amount past due.
203,36
Section
36. 182.0175 (1m) (d) 4m. of the statutes is created to read:
182.0175 (1m) (d) 4m. Disclose to persons providing notice that the one-call system does not include private transmission facilities as required under par. (e) 1.
203,37
Section
37. 182.0175 (1m) (d) 5. of the statutes is amended to read:
182.0175 (1m) (d) 5. Inform the person providing notice of the names of affected-member transmission facilities owners who will receive the notice information.
203,38
Section
38. 182.0175 (1m) (e) of the statutes is created to read:
182.0175 (1m) (e) Information system. 1. The operator of the one-call system shall ensure, through information distributed to the public by phone, Internet, or printed materials, that a person providing notice on intended excavation activity is informed that private transmission facilities are not subject to the one-call system and that the person providing notice is referred to other entities to be contacted by the person for determining the location of private transmission facilities. In providing this information, the operator shall specifically use the term "propane" in describing the type of private transmission facilities that are not subject to the one-call system.
2. The department of commerce may promulgate a rule that requires retail suppliers, as defined in s. 101.16 (1) (d), of propane to inform their customers each year of the obligation of owners of transmission facilities under this section.
203,39
Section
39. 182.0175 (2) (am) 3. of the statutes is amended to read:
182.0175 (2) (am) 3. Maintain an estimated minimum clearance of 18 inches between a marking for an unexposed underground transmission facility marked that is marked under sub. (2m) and the cutting edge or point of any power-operated excavating or earth moving equipment. If, except as is necessary at the beginning of the excavation process to penetrate and remove the surface layer of pavement. When the underground transmission facility is becomes exposed
or if the transmission facility is already exposed, the excavator may reduce the clearance to 2 times the known limit of control of the cutting edge or point of the equipment or 12 inches, whichever is greater.
203,40
Section
40. 182.0175 (2m) (bm) (title) of the statutes is created to read:
182.0175 (2m) (bm) (title) Local governmental units.
203,41
Section
41. 182.0175 (2m) (br) of the statutes is created to read:
182.0175 (2m) (br) Private transmission facilities. Paragraphs (a) to (bm) do not apply to owners of private transmission facilities.
203,42
Section
42
.
Nonstatutory provisions.
(1)
Submission of proposed rules. No later than the first day of the 6th month beginning after the effective date of this subsection, the department of commerce shall submit in proposed form the rules being promulgated under section 101.16 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes. Notwithstanding section 227.137 (2) of the statutes, the secretary of administration may not require the department of commerce to prepare an economic impact report for these rules.
203,43
Section
43.
Effective dates. This act takes effect on the day after publication, except as follows:
(1) The renumbering and amendment of section 101.16 (4) of the statutes and the creation of section 101.16 (4) (title), (b), and (c) of the statutes take effect on the first day of the 6th month beginning after publication.
(2) The treatment of section 182.0175 (1) (bv) and (c) (intro.), 1., and 2., (1m) (a), (b), (bm), (d) 4m. and 5., and (e) 1., and (2m) (bm) (title) and (br) of the statutes takes effect on the first day of the 13th month beginning after publication.
(3) The treatment of section 101.16 (3g), (3r), and (5m) of the statutes, the renumbering and amendment of section 101.16 (5) of the statutes, and the creation of section 101.16 (5) (title), (ac), (b), (c), (cg), (cm), (cn), (cr), and (d) of the statutes take effect on the first day of the 16th month beginning after publication.
