2. Repeals an outdated filing requirement for such utilities regarding such
rates.
3. Requires the PSC to consider interest rates for state and local bonds when
setting the overall rate of return for municipal water and sewer utilities. This
requirement replaces a requirement under current law for the PSC to apply an
interest rate formula based on a federal reserve board publication.

4. Allows the PSC to regulate advertising by water public utilities to the same
extent that the PSC regulates advertising by other public utilities under current law.
5. Eliminates a requirement for an investor-owned public utility to pay a fee
when applying to the PSC to issue securities.
6. Makes changes to the criteria that must be satisfied to qualify for exemptions
from the PSC certifications required for constructing or rebuilding certain electric
transmission lines.
Settlements in PSC dockets
The substitute amendment creates requirements regarding settlements in PSC
“dockets,” which the substitute amendment defines as investigations, proceedings,
or other matters opened by a vote of the PSC, except for rule making. The substitute
amendment allows parties to a docket to agree upon some or all of the facts, which
must be evidenced by a written stipulation and filed with the PSC or entered upon
the record. The substitute amendment also allows the parties to agree upon a
resolution of some or all of the issues. If some of the parties propose a written
settlement agreement, those parties must submit the agreement and relevant
documents to the PSC and serve a copy of the agreement on all parties to the docket.
If not all parties support the proposed settlement agreement, the settling parties
must convene at least one conference for all parties to discuss the proposed
settlement agreement, except that a nonsettling party may waive its right to the
conference. Within 30 days of service of a proposed settlement agreement, each party
must make a written response that consists of the party's agreement, objection, or
nonobjection to the settlement agreement. A party must serve its response on all
parties. If a party objects to a settlement agreement, the party must state its
objections with particularity and specify how the party would be adversely affected
by the agreement. If a party fails to respond within the 30-day deadline, the failure
is considered a nonobjection, unless the PSC for good cause sets a different time for
response.
The substitute amendment allows the PSC to approve a settlement agreement
if all of the following conditions are met. First, each party that responded with an
objection or nonobjection to the agreement or that failed to respond must have been
given a reasonable opportunity to present evidence and arguments in opposition to
the settlement agreement. Second, the PSC must find that the public interest is
adequately represented by the parties who entered into the agreement. Finally, the
PSC must find 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. The substitute amendment also
allows the PSC to approve a settlement agreement in whole or in part and with
conditions deemed necessary by the PSC. If a settlement agreement does not resolve
all of the issues in the docket, the substitute amendment requires the PSC to decide
the remaining issues in accordance with applicable law and procedure.

construction site erosion control and storm water
management
The substitute amendment affects the treatment under a county construction
site erosion control and storm water management zoning ordinance of the
construction or maintenance of a facility, defined in the substitute amendment as
property or equipment used for the transmission, delivery, or furnishing of natural
gas, heat, light, or power and owned by a public utility or cooperative association
organized for the purpose of producing or furnishing heat, light, or power to its
members only. Under the substitute amendment, the construction and maintenance
of a facility is considered to satisfy such a zoning ordinance if the Department of
Natural Resources has issued all required navigable water, water and sewage, and
pollution discharge permits or approvals authorizing the construction or
maintenance or, if no such permits or approvals are required, if the construction and
maintenance is conducted in a manner that employs best management practices to
infiltrate or otherwise control storm water runoff from that infrastructure. Under
current law, the construction and maintenance of a facility with these permits or
approvals is considered to satisfy a county's shoreland zoning ordinance.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB532-ASA1,1 1Section 1. 16.95 (12) of the statutes is renumbered 196.025 (7) (a) 3.
AB532-ASA1,2 2Section 2. 16.955 of the statutes is renumbered 196.029, and 196.029 (1), (3)
3(a), (b) and (c) and (4) (a), (b) and (d), as renumbered, are amended to read:
AB532-ASA1,8,84 196.029 (1) Information. If the governor determines that a disruption of
5energy supplies poses a serious risk to the economic well-being, health or welfare of
6the citizens of this state, the governor may issue an order declaring an energy alert.
7Upon declaration of an energy alert by the governor, the department commission
8may issue general or special orders, as defined in s. 101.01 (7), or promulgate
9emergency rules under ch. 227 to compel disclosure of information required for
10purposes of this section. Any person, or agent of the person, who produces, imports
11or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who
12is subject to an emergency rule or general or special order of the department
13commission within reasonable time limits specified in the order shall file or furnish

1such reports, information, data, copies of extracts of originals as the department
2commission deems necessary relating to existing and future energy supplies,
3including but not limited to record of sales in years for 1970 and thereafter, storage
4capacity, supplies on hand and anticipated supplies, and anticipated demand. To the
5extent that the reports and data requested by the department commission are
6presently available from other state or federal agencies, the department commission
7shall coordinate its data reporting requirements with the agencies to avoid
8duplication of reporting.
AB532-ASA1,8,14 9(3) (a) Any person, or agent of a person, who produces, imports or sells, coal or
10other forms of fuel, other than electricity, natural gas or wood, who fails to provide
11information requested by the department commission at the time and in the manner
12specified by the department commission shall forfeit an amount not to exceed $1,000.
13Each day the violation of this section continues from the day notice has been received
14constitutes a separate offense.
AB532-ASA1,8,1815 (b) Upon request of the department commission, the attorney general or the
16district attorney of the proper county may aid in any investigation, enforce any
17request of the department commission for information under this section or seek
18forfeitures for violations of this section.
AB532-ASA1,8,2219 (c) Upon request of the department commission, the attorney general or the
20district attorney of the proper county may apply to any court of competent
21jurisdiction for a temporary or permanent injunction restraining any person from
22violating this section.
AB532-ASA1,8,25 23(4) (a) The department commission or any of its authorized agents may, in
24relation to any matter arising under this section, conduct hearings, administer
25oaths, issue subpoenas and take testimony.
AB532-ASA1,9,7
1(b) The witnesses subpoenaed by the department commission or its agent and
2officers who serve subpoenas shall be entitled to the fees allowed in courts of record.
3The fees shall be audited and paid by the state in the same manner as other expenses
4of the department commission are audited and paid. No witness subpoenaed at the
5instance of any party other than the department commission is entitled to payment
6of fees by the state, unless the department commission certifies that the testimony
7of the witness was material.
AB532-ASA1,9,98 (d) A record of all hearings shall be kept by the department commission. All
9hearings shall be public.
AB532-ASA1,3 10Section 3. 26.03 (1v) (b) of the statutes is amended to read:
AB532-ASA1,9,1211 26.03 (1v) (b) An electric cooperative, as defined in s. 196.025 (5) (ag) 101.80
12(1g)
.
AB532-ASA1,4 13Section 4 . 59.693 (11) of the statutes is created to read:
AB532-ASA1,9,1814 59.693 (11) Utility facilities. (a) In this subsection, “facility" means any
15property or equipment of a public utility, as defined in s. 196.01 (5), or a cooperative
16association organized under ch. 185 for the purpose of producing or furnishing heat,
17light, or power to its members only, that is used for the transmission, delivery, or
18furnishing of natural gas, heat, light, or power.
AB532-ASA1,9,2119 (b) The construction and maintenance of a facility is considered to satisfy the
20requirements of this section and any county ordinance enacted under this section if
21any of the following applies:
AB532-ASA1,9,2322 1. The department has issued all required permits or approvals authorizing the
23construction or maintenance under ch. 30, 31, 281, or 283.
AB532-ASA1,9,2524 2. No department permit or approval under subd. 1. is required for the
25construction or maintenance and the construction or maintenance is conducted in a

1manner that employs best management practices to infiltrate or otherwise control
2storm water runoff from the facility.
AB532-ASA1,5 3Section 5. 101.80 (1g) of the statutes is amended to read:
AB532-ASA1,10,74 101.80 (1g) “Electric cooperative" has the meaning given in s. 196.025 (5) (ag)
5means a cooperative association organized under ch. 185 for the purpose of
6generating, distributing, or furnishing electric energy at retail or wholesale to its
7members only
.
AB532-ASA1,6 8Section 6 . 182.0175 (1) (aa) of the statutes is created to read:
AB532-ASA1,10,109 182.0175 (1) (aa) “Agricultural activity” has the meaning given in s. 101.10 (1)
10(a).
AB532-ASA1,7 11Section 7 . 182.0175 (1) (ab) of the statutes is created to read:
AB532-ASA1,10,1212 182.0175 (1) (ab) “Commission” means the public service commission.
AB532-ASA1,8 13Section 8 . 182.0175 (1) (ac) of the statutes is created to read:
AB532-ASA1,10,1514 182.0175 (1) (ac) “Complainant” means a person who files a complaint under
15sub. (3) (bg) 1. or 2.
AB532-ASA1,9 16Section 9 . 182.0175 (1) (ag) of the statutes is created to read:
AB532-ASA1,10,1817 182.0175 (1) (ag) “Damage prevention fund" means the fund established under
18sub. (1m) (d) 11.
AB532-ASA1,10 19Section 10 . 182.0175 (1) (bq) of the statutes is created to read:
AB532-ASA1,10,2120 182.0175 (1) (bq) “One-call system" means the system established under sub.
21(1m) (a).
AB532-ASA1,11 22Section 11 . 182.0175 (1) (br) of the statutes is created to read:
AB532-ASA1,10,2323 182.0175 (1) (br) “Panel" means the panel appointed under sub. (1m) (d) 8.
AB532-ASA1,12 24Section 12 . 182.0175 (1) (bt) of the statutes is renumbered 182.0175 (1) (bo).
AB532-ASA1,13 25Section 13 . 182.0175 (1) (bv) of the statutes is renumbered 182.0175 (1) (bx).
AB532-ASA1,14
1Section 14. 182.0175 (1) (bw) of the statutes is created to read:
AB532-ASA1,11,22 182.0175 (1) (bw) “Political subdivision” means a city, village, town, or county.
AB532-ASA1,15 3Section 15 . 182.0175 (1) (by) of the statutes is created to read:
AB532-ASA1,11,64 182.0175 (1) (by) “Respondent” means a person or a person's agent who is
5alleged in a complaint filed under sub. (3) (bg) 1. or 2. to have taken an action that
6the person or agent knew or should have known was in violation of this section.
AB532-ASA1,16 7Section 16 . 182.0175 (1) (bz) of the statutes is created to read:
AB532-ASA1,11,88 182.0175 (1) (bz) “State agency” has the meaning given in s. 16.004 (12) (a).
AB532-ASA1,17 9Section 17 . 182.0175 (1m) (d) 8. to 12. of the statutes are created to read:
AB532-ASA1,11,1110 182.0175 (1m) (d) 8. Appoint a panel consisting of the following 7 members to
11carry out the duties specified in sub. (3) (bg) and (br):
AB532-ASA1,11,1212 a. Two transmission facility owners.
AB532-ASA1,11,1313 b. Two excavators.
AB532-ASA1,11,1414 c. One employee of the operational center established under par. (a).
AB532-ASA1,11,1515 d. One member who represents the interests of a political subdivision.
AB532-ASA1,11,1616 e. One person employed as an underground line locator.
AB532-ASA1,11,1817 9. Establish policies, procedures, and forms as necessary to implement the
18requirements under sub. (3) (bg) and (br).
AB532-ASA1,11,2019 10. Provide for the production and administration of the educational course
20under sub. (3) (br) 4.
AB532-ASA1,11,2221 11. Establish and maintain a damage prevention fund consisting of fees under
22sub. (3) (br) 4. and (c) 5. and surcharges under sub. (3) (d) 2.
AB532-ASA1,12,223 12. Use the damage prevention fund at the one-call system's discretion to pay
24the cost of producing and administering the educational course under sub. (3) (br) 4.

1or providing for public outreach and underground utility damage prevention
2awareness programs.
AB532-ASA1,18 3Section 18 . 182.0175 (2) (am) (title) of the statutes is amended to read:
AB532-ASA1,12,44 182.0175 (2) (am) (title) Excavation notice and other duties.
AB532-ASA1,19 5Section 19 . 182.0175 (2) (am) 3. of the statutes is renumbered 182.0175 (2) (as)
61. and amended to read:
AB532-ASA1,12,127 182.0175 (2) (as) 1. Maintain An excavator shall maintain an estimated
8minimum clearance of 18 inches between a marking for an unexposed underground
9transmission facility that is marked under sub. (2m) and the cutting edge or point
10of any power-operated excavating or earth moving earthmoving equipment, except
11as is necessary at the beginning of the excavation process to penetrate and remove
12the surface layer of pavement.
AB532-ASA1,12,16 132. When the an underground transmission facility becomes exposed or if the
14a transmission facility is already exposed, the excavator may reduce the clearance
15to 2 times the known limit of control of the cutting edge or point of the equipment or
1612 inches, whichever is greater.
AB532-ASA1,20 17Section 20 . 182.0175 (2) (am) 7. of the statutes is amended to read:
AB532-ASA1,12,2218 182.0175 (2) (am) 7. Immediately notify the owner of a transmission facility if
19an inspection reveals that the transmission facility has been or may have been
20struck, damaged, dislocated, or disrupted and, if flammable, toxic, or corrosive gas
21or liquid has escaped that may endanger life, cause bodily harm, or result in damage
22to property, promptly make a report to the 911 emergency telephone number
.
AB532-ASA1,21 23Section 21 . 182.0175 (2) (as) (title) of the statutes is created to read:
AB532-ASA1,12,2424 182.0175 (2) (as) (title) Minimum clearance.
AB532-ASA1,22 25Section 22 . 182.0175 (2) (bm) (title) of the statutes is amended to read:
AB532-ASA1,13,1
1182.0175 (2) (bm) (title) Notice contents.
AB532-ASA1,23 2Section 23 . 182.0175 (2m) (b) (intro.) of the statutes is amended to read:
AB532-ASA1,13,203 182.0175 (2m) (b) Facilities marking. (intro.) A person owning transmission
4facilities, upon receipt of an excavation notice, shall mark in a reasonable manner
5the locations of transmission facilities at the area described in the notice to enable
6the excavator to locate the transmission facilities without endangering the security
7of the facilities or the public. For purposes of this paragraph, transmission facilities
8are marked in a reasonable manner if the owner of the transmission facilities locates
9and marks the transmission facilities to a level of accuracy and precision consistent
10with national standards.
Except as provided in par. (bm), if the person is a local
11governmental unit and if the excavation notice relates to sewer or water facilities
12owned by the local governmental unit, the local governmental unit shall also mark
13the locations within the public right-of-way of all laterals connected to the sewer or
14water facilities at the area described in the notice. The marking of facilities shall be
15completed within 3 working days after receipt of the notice, or if notice is given more
16than 10 days before excavation is scheduled to begin, marking shall be completed at
17least 3 working days before excavation is scheduled to begin. If the approximate
18location of a transmission facility is marked with paint, flags, stakes or other
19physical means, the following color coding of lines, cables or conduits shall comply
20with the uniform color code adopted by the American National Standards Institute:
AB532-ASA1,24 21Section 24 . 182.0175 (3) (title) of the statutes is repealed and recreated to
22read:
AB532-ASA1,13,2423 182.0175 (3) (title) Enforcement for natural gas and other hazardous
24materials.
AB532-ASA1,25
1Section 25. 182.0175 (3) (a) (title) of the statutes is renumbered 182.0175 (3)
2(d) (title) and amended to read:
AB532-ASA1,14,33 182.0175 (3) (d) (title) Forfeitures ; surcharges.
AB532-ASA1,26 4Section 26 . 182.0175 (3) (a) of the statutes is renumbered 182.0175 (3) (d) 1.
5and amended to read:
AB532-ASA1,14,156 182.0175 (3) (d) 1. Any In a consent agreement under par. (c) 2. or order issued
7under par. (c) 4., the commission may directly assess a forfeiture of no more than
8$25,000 for each violation of this section against a
person who willfully and
9knowingly violates
knew or should have known that the person's action was in
10violation of
this section may be required to forfeit $2,000 for each offense. Each day
11of continued violation constitutes a separate offense violation. No person may be
12required by the commission to forfeit an amount exceeding $500,000 for a single
13persisting violation. The commission shall remit the forfeitures to the secretary of
14administration for deposit in the school fund. No other forfeiture may be imposed
15for violating this section
.
AB532-ASA1,27 16Section 27 . 182.0175 (3) (b) of the statutes is renumbered 182.0175 (3r) and
17amended to read:
AB532-ASA1,14,2218 182.0175 (3r) Misdemeanor. Whoever intentionally removes, moves, or
19obliterates a transmission facilities marking placed by the transmission facilities
20owner may be fined not more than $500 or imprisoned for not more than 30 days or
21both. This paragraph subsection does not apply to an excavator who removes or
22obliterates markings during an excavation.
AB532-ASA1,28 23Section 28 . 182.0175 (3) (bc), (bg), (br) and (c) of the statutes are created to
24read:
AB532-ASA1,15,3
1182.0175 (3) (bc) Applicability. 1. This subsection applies to violations
2involving transmission facilities that transport natural gas or other hazardous
3materials.
AB532-ASA1,15,54 2. Except as provided in subd. 3., this subsection does not apply to violations
5by any of the following:
AB532-ASA1,15,86 a. A residential property owner or tenant whose violation of this section results
7from an excavation on property owned or leased by the residential property owner
8or tenant.
AB532-ASA1,15,109 b. A person whose violation of this section results from an excavation performed
10while the person is engaged in an agricultural activity.
AB532-ASA1,15,1211 3. Subdivision 2. does not apply to an excavation performed by or on behalf of
12a person engaged in the business of performing excavations for the public.
AB532-ASA1,15,1613 (bg) Complaints. 1. Except as provided in subd. 4., any of the following may
14file a written complaint with the panel that a person other than a state agency has
15taken an action that the person knew or should have known was in violation of this
16section:
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