LRBs0133/3
KSH:skg:kaf
1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
To 1995 SENATE BILL 64
May 24, 1995 - Offered by Joint committee on Finance.
SB64-SSA2,1,10
1An Act to repeal 182.0175 (1) (a) and 182.0175 (2) (c) and (d);
to renumber and
2amend 182.0175 (2) (a) 3., 182.0175 (2) (a) 4., 182.0175 (2) (a) 5., 182.0175 (2)
3(a) 6., 182.0175 (2) (a) 7., 182.0175 (2) (b), 182.0175 (2) (e), 182.0175 (2) (f) and
4182.0175 (3);
to amend 182.0175 (1) (intro.), 182.0175 (1) (b), 182.0175 (1) (c),
5182.0175 (2) (a) (intro.), 182.0175 (2) (a) 1., 182.0175 (2) (a) 2., 182.0175 (4) and
6182.0175 (5);
to repeal and recreate 182.0175 (2) (title); and
to create
7182.0175 (1) (am), 182.0175 (1) (bm), 182.0175 (1m), 182.0175 (2) (am) (intro.),
8182.0175 (2) (am) 4., 182.0175 (2) (am) 6m., 182.0175 (2) (bm), 182.0175 (2m)
9(title) and (a), 182.0175 (2m) (b) 6. and 7. and 182.0175 (3) (b) of the statutes;
10relating to: damage to transmission facilities and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB64-SSA2, s. 1
11Section
1. 182.0175 (1) (intro.) of the statutes is amended to read:
SB64-SSA2,1,1312
182.0175
(1) Definitions. (intro.)
As used in In this section
, unless the context
13requires otherwise:
SB64-SSA2, s. 3
1Section
3. 182.0175 (1) (am) of the statutes is created to read:
SB64-SSA2,2,32
182.0175
(1) (am) "Emergency" means a condition that poses a clear and
3immediate danger to life or health, or a significant loss of property.
SB64-SSA2, s. 4
4Section
4. 182.0175 (1) (b) of the statutes is amended to read:
SB64-SSA2,2,105
182.0175
(1) (b) "Excavation" means any operation in which earth, rock or
6other material in or on the ground is moved, removed or otherwise displaced by
7means of any tools, equipment or explosives and includes grading, trenching,
8digging, ditching, drilling, augering, tunneling, scraping, cable or pipe plowing
, and
9driving
and means any operation by which a structure or mass of material is
10wrecked, razed, rended, moved or removed.
SB64-SSA2, s. 5
11Section
5. 182.0175 (1) (bm) of the statutes is created to read:
SB64-SSA2,2,1212
182.0175
(1) (bm) "Excavator" means a person who engages in excavation.
SB64-SSA2, s. 6
13Section
6. 182.0175 (1) (c) of the statutes is amended to read:
SB64-SSA2,2,2014
182.0175
(1) (c) "Transmission facilities" includes all pipes, pipelines, wires,
15cables, ducts, wirelines and associated facilities,
whether underground or
16aboveground, regardless of the nature of their transmittants or of their in-service
17application. The term includes, but is not restricted to, utility facilities,
18government-owned facilities, facilities transporting hazardous materials,
19communications and data facilities, drainage
facilities and
private water facilities
20and sewer systems. The term does not include culverts.
SB64-SSA2, s. 7
21Section
7. 182.0175 (1m) of the statutes is created to read:
SB64-SSA2,3,222
182.0175
(1m) One-call system. (a)
Statewide system. Transmission facilities
23owners shall establish or designate a nonprofit organization governed by a board of
24directors as the operator of a one-call system. The one-call system shall be a
25statewide communication system in which a single operational center receives
1excavation notices and transmits notice information to affected-member
2transmission facilities owners.
SB64-SSA2,3,43
(b)
Membership. 1. Except as provided in subd. 2., a transmission facilities
4owner shall be a member of the one-call system.
SB64-SSA2,3,85
2. A transmission facilities owner or lessee is not required to be a member of
6the one-call system if all of that person's transmission facilities are located on
7property owned or leased by that person. This subdivision does not apply to a
8governmental unit that is a transmission facilities owner.
SB64-SSA2,3,219
(bm)
Membership fees. Members may be assessed an initial start-up fee equal
10to the system's costs in adding the member to the one-call system, except that any
11initial start-up fee may not exceed $100 for a member whose transmission facilities
12serve less than 5,000 customers. For purposes of assessing the initial start-up fee,
13affiliated transmission facilities owners shall be considered a single member. Under
14this paragraph, a transmission facilities owner is affiliated with another
15transmission facilities owner if the transmission facilities owner, directly, or
16indirectly through one or more intermediaries, controls, is controlled by, or is under
17common control with, the other transmission facilities owner. Members shall also
18be assessed a fee per notice of intended excavation activity. Membership in the
19one-call system ceases if a fee assessed under this paragraph is more than 90 days
20past due. A transmission facilities owner may be reinstated as a member upon
21payment of the amount past due.
SB64-SSA2,4,222
(c)
Liability. Any transmission facilities owner who is required to be a member
23of the one-call system and has not complied with the membership requirement is
24liable for all damages to the owner's transmission facilities and for any other
1damages that occur as a result of a properly noticed excavation to the one-call
2system.
SB64-SSA2,4,33
(d)
System functions. The one-call system shall do all of the following:
SB64-SSA2,4,44
1. Publicize the availability and use of the one-call system.
SB64-SSA2,4,55
2. Provide toll-free communication to the one-call system.
SB64-SSA2,4,66
3. Accept notices of intended excavation activity.
SB64-SSA2,4,87
4. Accept notices of intended emergency location or emergency excavation
8activity 24 hours a day.
SB64-SSA2,4,109
5. Inform the person providing notice of the names of transmission facilities
10owners who will receive the notice information.
SB64-SSA2,4,1211
6. Promptly transmit notice information to affected-member transmission
12facilities owners.
SB64-SSA2,4,1313
7. Retain records of notices for a period of not less than 6 years.
SB64-SSA2, s. 8
14Section
8. 182.0175 (2) (title) of the statutes is repealed and recreated to read:
SB64-SSA2,4,1515
182.0175
(2) (title)
Excavator and planner responsibilities.
SB64-SSA2, s. 9
16Section
9. 182.0175 (2) (a) (intro.) of the statutes is amended to read:
SB64-SSA2,4,2017
182.0175
(2) (a) (title)
Planning. (intro.) Every person who
engages in or with
18respect to subds. 1. and 2. is responsible for the preparation of plans and
19specifications for nonemergency excavation
or demolition and every excavator shall
20do all of the following:
SB64-SSA2, s. 10
21Section
10. 182.0175 (2) (a) 1. of the statutes is amended to read:
SB64-SSA2,4,2422
182.0175
(2) (a) 1. Take reasonable action to learn the location of any
23transmission facilities in and near the area where
such operation the excavation is
24to be conducted.
SB64-SSA2, s. 11
25Section
11. 182.0175 (2) (a) 2. of the statutes is amended to read:
SB64-SSA2,5,3
1182.0175
(2) (a) 2. Plan the excavation
or demolition to avoid to the extent
2possible interference with transmission facilities in and near the
construction 3excavation area.
SB64-SSA2, s. 12
4Section
12. 182.0175 (2) (a) 3. of the statutes is renumbered 182.0175 (2) (am)
51. and amended to read:
SB64-SSA2,5,106
182.0175
(2) (am) 1. Provide
reasonable advance notice not less than 3 working
7days
prior to before the start of
the nonemergency excavation
or demolition of the
8intent to excavate or demolish and the commencement date to the
owners of the
9transmission facilities in and near the construction area whose facilities may be
10affected by the excavation or demolition one-call system.
SB64-SSA2, s. 13
11Section
13. 182.0175 (2) (a) 4. of the statutes is renumbered 182.0175 (2) (am)
123. and amended to read:
SB64-SSA2,5,1813
182.0175
(2) (am) 3. Maintain an estimated minimum clearance of 18 inches
14between an unexposed underground transmission facility marked
pursuant to par.
15(e) under sub. (2m) and the cutting edge or point of any power-operated excavating
16or earth moving equipment. If the transmission facility is exposed, the
excavator
17may reduce the clearance
may be reduced to 2 times the known limit of control of the
18cutting edge or point of the equipment or 12 inches, whichever is greater.
SB64-SSA2, s. 14
19Section
14. 182.0175 (2) (a) 5. of the statutes is renumbered 182.0175 (2) (am)
205. and amended to read:
SB64-SSA2,5,2521
182.0175
(2) (am) 5. Provide
such support for existing transmission facilities
22in and near the
construction excavation area
as that may be reasonably necessary
23or that is specified by the transmission facility owner for the protection of
such the 24facilities, unless
such protection is required of the owner of the transmission facility
25under s. 66.047.
SB64-SSA2, s. 15
1Section
15. 182.0175 (2) (a) 6. of the statutes is renumbered 182.0175 (2) (am)
26. and amended to read:
SB64-SSA2,6,63
182.0175
(2) (am) 6.
Inspect prior to backfilling Before backfilling, inspect all
4transmission facilities exposed during excavation
or demolition to ascertain if
the 5transmission facilities have been or may have been struck, damaged, dislocated or
6disrupted
and notify promptly before backfilling.
SB64-SSA2,6,9
77. Immediately notify the owner of
any a transmission facility
which if an
8inspection reveals that the transmission facility has been or may have been struck,
9damaged, dislocated or disrupted.
SB64-SSA2, s. 16
10Section
16. 182.0175 (2) (a) 7. of the statutes is renumbered 182.0175 (2) (am)
118. and amended to read:
SB64-SSA2,6,1612
182.0175
(2) (am) 8. Backfill
all excavations in such an excavation as specified
13by the owner of the existing transmission facilities or in a manner and with
such 14materials
as that may be reasonably necessary for the protection of, and to provide
15reliable support during backfilling and following backfilling for, existing
16transmission facilities in and near the
construction excavation area.
SB64-SSA2, s. 17
17Section
17. 182.0175 (2) (am) (intro.) of the statutes is created to read:
SB64-SSA2,6,1918
182.0175
(2) (am)
Excavation notice. (intro.) An excavator shall do all of the
19following:
SB64-SSA2, s. 18
20Section
18. 182.0175 (2) (am) 4. of the statutes is created to read:
SB64-SSA2,6,2421
182.0175
(2) (am) 4. Provide a repeat notice to the one-call system if marks are
22destroyed or covered by excavation site activities, if the excavation does not start
23within 10 days of the scheduled start date or if excavation is interrupted for more
24than 10 days.
SB64-SSA2, s. 19
25Section
19. 182.0175 (2) (am) 6m. of the statutes is created to read:
SB64-SSA2,7,3
1182.0175
(2) (am) 6m. Refrain from backfilling an excavation until an
2inspection is conducted and any necessary repairs have been made by the owner of
3the transmission facility.
SB64-SSA2, s. 20
4Section
20. 182.0175 (2) (b) of the statutes is renumbered 182.0175 (2) (am)
52. and amended to read:
SB64-SSA2,7,106
182.0175
(2) (am) 2.
Every person who engages in In an emergency
excavation
7or demolition shall, take all reasonable precautions to avoid to the extent possible
8interference with existing transmission facilities in and near the
construction 9excavation area and
shall notify as promptly as possible the owners of transmission
10facilities which may be affected by the emergency excavation
or demolition.
SB64-SSA2, s. 21
11Section
21. 182.0175 (2) (bm) of the statutes is created to read:
SB64-SSA2,7,1312
182.0175
(2) (bm)
Notice. An excavation notice shall include all of the following
13information:
SB64-SSA2,7,1414
1. The name of the person providing notice.
SB64-SSA2,7,1515
2. The name, address and telephone number of the excavator.
SB64-SSA2,7,1816
3. The specific location and description of the excavation area, including the
17county, place, street address, nearest intersecting road, distance and direction from
18the nearest intersection and marking instructions.
SB64-SSA2,7,1919
4. A description of the intended excavation activity.
SB64-SSA2,7,2020
5. The intended starting date of the excavation.
SB64-SSA2, s. 22
21Section
22. 182.0175 (2) (c) and (d) of the statutes are repealed.
SB64-SSA2, s. 23
22Section
23. 182.0175 (2) (e) of the statutes is renumbered 182.0175 (2m) (b)
23and amended to read:
SB64-SSA2,8,1324
182.0175
(2m) (b) (title)
Facilities marking. Every A person owning
25transmission facilities, upon receipt of
an excavation notice
under par. (a) 3., shall
1mark in a reasonable manner the locations of transmission facilities
in at the
field
2so as area described in the notice to enable the
person engaged in excavation or
3demolition excavator to locate the transmission facilities without endangering the
4security of
such the facilities
or the public. The marking of facilities shall be
5accomplished completed within 3 working days after receipt of the notice,
except
or 6if notice is given more than 10 days before
the excavation
or demolition is scheduled
7to begin, marking
need not shall be
accomplished more than completed at least 3
8working days before excavation
or demolition is scheduled to begin. If the
9approximate location of
an underground a transmission facility is marked with
10paint, flags, stakes or other physical means, the
following color coding
of lines, cables
11or conduits shall
be as follows except that color coding shall not be required for
12permanent markers required by state and federal codes comply with the uniform
13color code adopted by the American National Standards Institute:
SB64-SSA2,8,1414
1. Electric power
distribution and transmission: safety
: red.
SB64-SSA2,8,1715
2.
Natural gas distribution and transmission, oil distribution and transmission
16and dangerous Gas, oil, steam, petroleum or gaseous materials
products lines: high
17visibility safety: yellow.
SB64-SSA2,8,2018
3.
Telecommunications and telegraph systems Communications, cable
19television
and police and fire communications: safety alert or alarm or signal
20systems: orange.
SB64-SSA2,8,2121
4. Water
, irrigation or slurry systems:
safety precaution blue.
SB64-SSA2,8,2222
5. Sewer
or drain systems:
safety green.
SB64-SSA2, s. 24
23Section
24. 182.0175 (2) (f) of the statutes is renumbered 182.0175 (2m) (c) and
24amended to read:
SB64-SSA2,9,15
1182.0175
(2m) (c) (title)
Facilities inspection and repair. Every person owning
2transmission facilities who receives
a notice
under par. (a) 6., (c) or (d) of possible
3damage shall inspect
the facilities for damage within
24 6 hours after receipt of
the 4notice
if there is risk of personal injury or loss of life or within 24 hours after receipt
5of the notice if there is not a risk of personal injury or loss of life and
shall repair any
6damage found as soon as practicable. Unless the owner of any transmission facility
7is notified
pursuant to par. (a) 6., (c) or (d) or has knowledge of
frequent damage to
8transmission facilities by
a person doing emergency or nonemergency excavation or
9demolition, such an excavator, the owner
shall is not
be responsible
for or
be required
10to make an inspection of its transmission facilities, nor shall the owner, in the
11absence of
such notification or knowledge, be responsible for supervising in any
12manner the excavation
or demolition work. Upon the giving of notice pursuant to
13par. (a) 6., (c) or (d) the person performing the demolition or excavation shall refrain
14from backfilling until an inspection and any necessary repairs are made by the owner
15of the transmission facilities.
SB64-SSA2, s. 25
16Section
25. 182.0175 (2m) (title) and (a) of the statutes are created to read: