2017 WISCONSIN ACT 136
An Act to repeal 196.025 (4), 196.025 (5), 196.192 (2) (am) and 201.10 (1); to renumber 16.95 (12), 182.0175 (1) (bt) and 182.0175 (1) (bv); to renumber and amend 16.955, 182.0175 (2) (am) 3., 182.0175 (3) (a) (title), 182.0175 (3) (a), 182.0175 (3) (b), 196.192 (2) (bm) and 196.218 (3) (a) 2s.; to amend 20.155 (1) (q), 20.155 (3) (r), 20.155 (3) (rm), 20.255 (1) (q), 20.255 (3) (q), 20.255 (3) (qm), 20.255 (3) (r), 20.285 (1) (q), 20.505 (4) (s), 26.03 (1v) (b), 101.80 (1g), 182.0175 (2) (am) (title), 182.0175 (2) (am) 7., 182.0175 (2) (bm) (title), 182.0175 (2m) (b) (intro.), 182.0175 (4), 182.0175 (5), 196.192 (2) (c), 196.192 (3m), 196.193 (3), 196.218 (3) (a) 2e. a., b. and c., 196.218 (3) (a) 2m., 196.49 (5g) (ag), 196.49 (5g) (ar) 2m. b., 196.49 (5g) (ar) 2m. c., 196.491 (4) (c) 1m. (intro.), 196.491 (4) (c) 1m. a., 196.491 (4) (c) 1m. b., 196.595 (1) (c), 196.595 (2) (b) (intro.), 1. and 2., 196.595 (2) (b) 3., 4. and 5., 201.10 (2), 348.17 (3) and 348.17 (4); to repeal and recreate 20.505 (4) (s) and 182.0175 (3) (title); and to create 59.693 (11), 182.0175 (1) (aa), 182.0175 (1) (ab), 182.0175 (1) (ac), 182.0175 (1) (ag), 182.0175 (1) (bq), 182.0175 (1) (br), 182.0175 (1) (bw), 182.0175 (1) (by), 182.0175 (1) (bz), 182.0175 (1m) (d) 8. to 12., 182.0175 (2) (as) (title), 182.0175 (3) (bc), (bg), (br) and (c), 182.0175 (3) (d) 2., 182.0175 (3) (e), 182.0175 (3) (f), 182.0175 (3) (g), 182.0175 (3g), 196.025 (7), 196.026, 196.192 (2) (bm) 1. and 2., 196.218 (3) (a) 2s. a., 196.595 (2) (b) 2g. and 2r. and 196.595 (2m) of the statutes; relating to: one-call system enforcement and other requirements, Public Service Commission authority regarding state energy policy, settlements between parties in Public Service Commission dockets, various public utility regulatory requirements, the regulation of utility facilities under a county construction site erosion control and storm water management zoning ordinance, granting rule-making authority, making appropriations, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
136,1
Section
1. 16.95 (12) of the statutes is renumbered 196.025 (7) (a) 3.
136,2
Section
2. 16.955 of the statutes is renumbered 196.029, and 196.029 (1), (3) (a), (b) and (c) and (4) (a), (b) and (d), as renumbered, are amended to read:
196.029 (1) Information. If the governor determines that a disruption of energy supplies poses a serious risk to the economic well-being, health or welfare of the citizens of this state, the governor may issue an order declaring an energy alert. Upon declaration of an energy alert by the governor, the department commission may issue general or special orders, as defined in s. 101.01 (7), or promulgate emergency rules under ch. 227 to compel disclosure of information required for purposes of this section. Any person, or agent of the person, who produces, imports or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who is subject to an emergency rule or general or special order of the department commission within reasonable time limits specified in the order shall file or furnish such reports, information, data, copies of extracts of originals as the department commission deems necessary relating to existing and future energy supplies, including but not limited to record of sales in years for 1970 and thereafter, storage capacity, supplies on hand and anticipated supplies, and anticipated demand. To the extent that the reports and data requested by the department commission are presently available from other state or federal agencies, the department commission shall coordinate its data reporting requirements with the agencies to avoid duplication of reporting.
(3) (a) Any person, or agent of a person, who produces, imports or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who fails to provide information requested by the department commission at the time and in the manner specified by the department commission shall forfeit an amount not to exceed $1,000. Each day the violation of this section continues from the day notice has been received constitutes a separate offense.
(b) Upon request of the department commission, the attorney general or the district attorney of the proper county may aid in any investigation, enforce any request of the department commission for information under this section or seek forfeitures for violations of this section.
(c) Upon request of the department commission, the attorney general or the district attorney of the proper county may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating this section.
(4) (a) The department commission or any of its authorized agents may, in relation to any matter arising under this section, conduct hearings, administer oaths, issue subpoenas and take testimony.
(b) The witnesses subpoenaed by the department commission or its agent and officers who serve subpoenas shall be entitled to the fees allowed in courts of record. The fees shall be audited and paid by the state in the same manner as other expenses of the department commission are audited and paid. No witness subpoenaed at the instance of any party other than the department commission is entitled to payment of fees by the state, unless the department commission certifies that the testimony of the witness was material.
(d) A record of all hearings shall be kept by the department commission. All hearings shall be public.
20.155 (1) (q) Universal telecommunications service; broadband service. From the universal service fund, the amounts in the schedule for the promotion of broadband service and universal telecommunications service for the purposes specified in s. 196.218 (5) (a) 1., 4., 8., 9., and 10. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under sub. (3) (r).
20.155
(3) (r)
Broadband expansion grants; transfer funding. From the universal service fund, all moneys transferred
from the appropriation accounts under par. (rm), sub. (1) (q), and ss. 20.255 (1) (q) and (3) (q), (qm), and (r), 20.285 (1) (q) and 20.505 (4) (s), under
s. 196.218 (3) (a) 2s. a., 2015 Wisconsin Act 55, section
9236 (1v), and
under 2017 Wisconsin Act 59, section
9237 (1) and (2) (a), for broadband expansion grants under s. 196.504.
20.155 (3) (rm) Broadband grants; other funding. From the universal service fund, as a continuing appropriation, all moneys transferred under s. 196.218 (3) (a) 2s. b., for broadband expansion grants under s. 196.504. Notwithstanding s. 20.001 (3) (c), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under sub. (3) (r).
20.255 (1) (q) Digital learning collaborative. From the universal service fund, the amounts in the schedule for a digital learning collaborative for the statewide web academy and for the delivery of digital content and collaborative instruction under s. 115.28 (53) and (54). Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.155 (3) (r).
20.255 (3) (q) Periodical and reference information databases; Newsline for the Blind. From the universal service fund, the amounts in the schedule for the Newsline for the Blind, provided by the Regional Library for the Blind and Physically Handicapped, and to contract for periodical and reference information databases under s. 115.28 (26). Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.155 (3) (r).
20.255 (3) (qm) Aid to public library systems. From the universal service fund, the amounts in the schedule for state aid to public library systems under s. 43.24. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.155 (3) (r).
20.255 (3) (r) Library service contracts. From the universal service fund, the amounts in the schedule for library service contracts under s. 43.03 (6) and (7). Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.155 (3) (r).
20.285 (1) (q) Telecommunications services. From the universal service fund, the amounts in the schedule to provide telecommunications services as specified in s. 196.218 (5) (a) 6. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall be transferred to the appropriation account under s. 20.155 (3) (r).
136,2u
Section 2u. 20.505 (4) (s) of the statutes is amended to read:
20.505 (4) (s) Telecommunications access for educational agencies, infrastructure grants, and teacher training grants. Biennially, from the universal service fund, the amounts in the schedule to make payments to telecommunications providers under contracts under s. 16.971 (13), (14), and (15) to the extent that the amounts due are not paid from the appropriation under sub. (1) (is), to make payments to telecommunications providers under contracts under s. 16.971 (16) to the extent that the amounts due are not paid from the appropriation under sub. (1) (kL), to make grants to school district consortia under s. 16.997 (7), to make information technology infrastructure grants under s. 16.9945, and to make educational technology teacher training grants under s. 16.996. Notwithstanding s. 20.001 (3) (b), the unencumbered balance on June 30 of each odd-numbered year shall be transferred to the appropriation account under s. 20.155 (3) (r).
136,2y
Section 2y. 20.505 (4) (s) of the statutes, as affected by
2017 Wisconsin Acts 59 and .... (this act), is repealed and recreated to read:
20.505 (4) (s) Telecommunications access for educational agencies, infrastructure grants, and teacher training grants. Biennially, from the universal service fund, the amounts in the schedule to make payments to telecommunications providers under contracts under s. 16.971 (13), (14), and (15) to the extent that the amounts due are not paid from the appropriation under sub. (1) (is), to make payments to telecommunications providers under contracts under s. 16.971 (16) to the extent that the amounts due are not paid from the appropriation under sub. (1) (kL), to make grants to school district consortia under s. 16.997 (7), and to make educational technology teacher training grants under s. 16.996.
136,3
Section
3. 26.03 (1v) (b) of the statutes is amended to read:
26.03 (1v) (b) An electric cooperative, as defined in s. 196.025 (5) (ag) 101.80 (1g).
136,4
Section
4. 59.693 (11) of the statutes is created to read:
59.693 (11) Utility facilities. (a) In this subsection, “facility" means any property or equipment of a public utility, as defined in s. 196.01 (5), or a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, or power to its members only, that is used for the transmission, delivery, or furnishing of natural gas, heat, light, or power.
(b) The construction and maintenance of a facility is considered to satisfy the requirements of this section and any county ordinance enacted under this section if any of the following applies:
1. The department has issued all required permits or approvals authorizing the construction or maintenance under ch. 30, 31, 281, or 283.
2. No department permit or approval under subd. 1. is required for the construction or maintenance and the construction or maintenance is conducted in a manner that employs best management practices to infiltrate or otherwise control storm water runoff from the facility.
136,5
Section
5. 101.80 (1g) of the statutes is amended to read:
101.80 (1g) “Electric cooperative" has the meaning given in s. 196.025 (5) (ag) means a cooperative association organized under ch. 185 for the purpose of generating, distributing, or furnishing electric energy at retail or wholesale to its members only.
136,6
Section
6. 182.0175 (1) (aa) of the statutes is created to read:
182.0175 (1) (aa) “Agricultural activity” has the meaning given in s. 101.10 (1) (a).
136,7
Section
7. 182.0175 (1) (ab) of the statutes is created to read:
182.0175 (1) (ab) “Commission” means the public service commission.
136,8
Section
8. 182.0175 (1) (ac) of the statutes is created to read:
182.0175 (1) (ac) “Complainant” means a person who files a complaint under sub. (3) (bg) 1. or 2.
136,9
Section
9. 182.0175 (1) (ag) of the statutes is created to read:
182.0175 (1) (ag) “Damage prevention fund" means the fund established under sub. (1m) (d) 11.
136,10
Section
10. 182.0175 (1) (bq) of the statutes is created to read:
182.0175 (1) (bq) “One-call system" means the system established under sub. (1m) (a).
136,11
Section
11. 182.0175 (1) (br) of the statutes is created to read:
182.0175 (1) (br) “Panel" means the panel appointed under sub. (1m) (d) 8.
136,12
Section
12. 182.0175 (1) (bt) of the statutes is renumbered 182.0175 (1) (bo).
136,13
Section
13. 182.0175 (1) (bv) of the statutes is renumbered 182.0175 (1) (bx).
136,14
Section
14. 182.0175 (1) (bw) of the statutes is created to read:
182.0175 (1) (bw) “Political subdivision” means a city, village, town, or county.
136,15
Section
15. 182.0175 (1) (by) of the statutes is created to read:
182.0175 (1) (by) “Respondent” means a person or a person's agent who is alleged in a complaint filed under sub. (3) (bg) 1. or 2. to have taken an action that the person or agent knew or should have known was in violation of this section.
136,16
Section
16. 182.0175 (1) (bz) of the statutes is created to read:
182.0175 (1) (bz) “State agency” has the meaning given in s. 16.004 (12) (a).
136,17
Section
17. 182.0175 (1m) (d) 8. to 12. of the statutes are created to read:
182.0175 (1m) (d) 8. Appoint a panel consisting of the following 7 members to carry out the duties specified in sub. (3) (bg) and (br):
a. Two transmission facility owners.
b. Two excavators.
c. One employee of the operational center established under par. (a).
d. One member who represents the interests of a political subdivision.
e. One person employed as an underground line locator.
9. Establish policies, procedures, and forms as necessary to implement the requirements under sub. (3) (bg) and (br).
10. Provide for the production and administration of the educational course under sub. (3) (br) 4.
11. Establish and maintain a damage prevention fund consisting of fees under sub. (3) (br) 4. and (c) 5. and surcharges under sub. (3) (d) 2.
12. Use the damage prevention fund at the one-call system's discretion to pay the cost of producing and administering the educational course under sub. (3) (br) 4. or providing for public outreach and underground utility damage prevention awareness programs.
136,18
Section
18. 182.0175 (2) (am) (title) of the statutes is amended to read:
182.0175 (2) (am) (title) Excavation notice and other duties.
136,19
Section
19. 182.0175 (2) (am) 3. of the statutes is renumbered 182.0175 (2) (as) 1. and amended to read:
182.0175 (2) (as) 1. Maintain
An excavator shall maintain an estimated minimum clearance of 18 inches between a marking for an unexposed underground transmission facility that is marked under sub. (2m) and the cutting edge or point of any power-operated excavating or earth moving earthmoving equipment, except as is necessary at the beginning of the excavation process to penetrate and remove the surface layer of pavement.
2. When the an underground transmission facility becomes exposed or if the a 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.
136,20
Section
20. 182.0175 (2) (am) 7. of the statutes is amended to read:
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.
136,21
Section
21. 182.0175 (2) (as) (title) of the statutes is created to read:
182.0175 (2) (as) (title) Minimum clearance.
136,22
Section
22. 182.0175 (2) (bm) (title) of the statutes is amended to read:
182.0175 (2) (bm) (title) Notice
contents.
136,23
Section
23. 182.0175 (2m) (b) (intro.) of the statutes is amended to read:
