SB475-SSA1,8,25 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.
SB475-SSA1,9,7
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.
SB475-SSA1,9,98 (d) A record of all hearings shall be kept by the department commission. All
9hearings shall be public.
SB475-SSA1,3 10Section 3. 26.03 (1v) (b) of the statutes is amended to read:
SB475-SSA1,9,1211 26.03 (1v) (b) An electric cooperative, as defined in s. 196.025 (5) (ag) 101.80
12(1g)
.
SB475-SSA1,4 13Section 4 . 59.693 (11) of the statutes is created to read:
SB475-SSA1,9,1814 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.
SB475-SSA1,9,2119 (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:
SB475-SSA1,9,2322 1. The department has issued all required permits or approvals authorizing the
23construction or maintenance under ch. 30, 31, 281, or 283.
SB475-SSA1,9,2524 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.
SB475-SSA1,5 3Section 5. 101.80 (1g) of the statutes is amended to read:
SB475-SSA1,10,74 101.80 (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
.
SB475-SSA1,6 8Section 6 . 182.0175 (1) (aa) of the statutes is created to read:
SB475-SSA1,10,109 182.0175 (1) (aa) “Agricultural activity” has the meaning given in s. 101.10 (1)
10(a).
SB475-SSA1,7 11Section 7 . 182.0175 (1) (ab) of the statutes is created to read:
SB475-SSA1,10,1212 182.0175 (1) (ab) “Commission” means the public service commission.
SB475-SSA1,8 13Section 8 . 182.0175 (1) (ac) of the statutes is created to read:
SB475-SSA1,10,1514 182.0175 (1) (ac) “Complainant” means a person who files a complaint under
15sub. (3) (bg) 1. or 2.
SB475-SSA1,9 16Section 9 . 182.0175 (1) (ag) of the statutes is created to read:
SB475-SSA1,10,1817 182.0175 (1) (ag) “Damage prevention fund" means the fund established under
18sub. (1m) (d) 11.
SB475-SSA1,10 19Section 10 . 182.0175 (1) (bq) of the statutes is created to read:
SB475-SSA1,10,2120 182.0175 (1) (bq) “One-call system" means the system established under sub.
21(1m) (a).
SB475-SSA1,11 22Section 11 . 182.0175 (1) (br) of the statutes is created to read:
SB475-SSA1,10,2323 182.0175 (1) (br) “Panel" means the panel appointed under sub. (1m) (d) 8.
SB475-SSA1,12 24Section 12 . 182.0175 (1) (bt) of the statutes is renumbered 182.0175 (1) (bo).
SB475-SSA1,13 25Section 13 . 182.0175 (1) (bv) of the statutes is renumbered 182.0175 (1) (bx).
SB475-SSA1,14
1Section 14. 182.0175 (1) (bw) of the statutes is created to read:
SB475-SSA1,11,22 182.0175 (1) (bw) “Political subdivision” means a city, village, town, or county.
SB475-SSA1,15 3Section 15 . 182.0175 (1) (by) of the statutes is created to read:
SB475-SSA1,11,64 182.0175 (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.
SB475-SSA1,16 7Section 16 . 182.0175 (1) (bz) of the statutes is created to read:
SB475-SSA1,11,88 182.0175 (1) (bz) “State agency” has the meaning given in s. 16.004 (12) (a).
SB475-SSA1,17 9Section 17 . 182.0175 (1m) (d) 8. to 12. of the statutes are created to read:
SB475-SSA1,11,1110 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):
SB475-SSA1,11,1212 a. Two transmission facility owners.
SB475-SSA1,11,1313 b. Two excavators.
SB475-SSA1,11,1414 c. One employee of the operational center established under par. (a).
SB475-SSA1,11,1515 d. One member who represents the interests of a political subdivision.
SB475-SSA1,11,1616 e. One person employed as an underground line locator.
SB475-SSA1,11,1817 9. Establish policies, procedures, and forms as necessary to implement the
18requirements under sub. (3) (bg) and (br).
SB475-SSA1,11,2019 10. Provide for the production and administration of the educational course
20under sub. (3) (br) 4.
SB475-SSA1,11,2221 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.
SB475-SSA1,12,223 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.
SB475-SSA1,18 3Section 18 . 182.0175 (2) (am) (title) of the statutes is amended to read:
SB475-SSA1,12,44 182.0175 (2) (am) (title) Excavation notice and other duties.
SB475-SSA1,19 5Section 19 . 182.0175 (2) (am) 3. of the statutes is renumbered 182.0175 (2) (as)
61. and amended to read:
SB475-SSA1,12,127 182.0175 (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.
SB475-SSA1,12,16 132. 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.
SB475-SSA1,20 17Section 20 . 182.0175 (2) (am) 7. of the statutes is amended to read:
SB475-SSA1,12,2218 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
.
SB475-SSA1,21 23Section 21 . 182.0175 (2) (as) (title) of the statutes is created to read:
SB475-SSA1,12,2424 182.0175 (2) (as) (title) Minimum clearance.
SB475-SSA1,22 25Section 22 . 182.0175 (2) (bm) (title) of the statutes is amended to read:
SB475-SSA1,13,1
1182.0175 (2) (bm) (title) Notice contents.
SB475-SSA1,23 2Section 23 . 182.0175 (2m) (b) (intro.) of the statutes is amended to read:
SB475-SSA1,13,203 182.0175 (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:
SB475-SSA1,24 21Section 24 . 182.0175 (3) (title) of the statutes is repealed and recreated to
22read:
SB475-SSA1,13,2423 182.0175 (3) (title) Enforcement for natural gas and other hazardous
24materials.
SB475-SSA1,25
1Section 25. 182.0175 (3) (a) (title) of the statutes is renumbered 182.0175 (3)
2(d) (title) and amended to read:
SB475-SSA1,14,33 182.0175 (3) (d) (title) Forfeitures ; surcharges.
SB475-SSA1,26 4Section 26 . 182.0175 (3) (a) of the statutes is renumbered 182.0175 (3) (d) 1.
5and amended to read:
SB475-SSA1,14,156 182.0175 (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
.
SB475-SSA1,27 16Section 27 . 182.0175 (3) (b) of the statutes is renumbered 182.0175 (3r) and
17amended to read:
SB475-SSA1,14,2218 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.
SB475-SSA1,28 23Section 28 . 182.0175 (3) (bc), (bg), (br) and (c) of the statutes are created to
24read:
SB475-SSA1,15,3
1182.0175 (3) (bc) Applicability. 1. This subsection applies to violations
2involving transmission facilities that transport natural gas or other hazardous
3materials.
SB475-SSA1,15,54 2. Except as provided in subd. 3., this subsection does not apply to violations
5by any of the following:
SB475-SSA1,15,86 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.
SB475-SSA1,15,109 b. A person whose violation of this section results from an excavation performed
10while the person is engaged in an agricultural activity.
SB475-SSA1,15,1211 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.
SB475-SSA1,15,1613 (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:
SB475-SSA1,15,1717 a. The one-call system.
SB475-SSA1,15,2018 b. The department of transportation or a political subdivision, if property under
19the jurisdiction of the department or political subdivision is affected by an alleged
20violation of this section.
SB475-SSA1,15,2221 c. A transmission facility owner, excavator, or underground line locator whose
22property or activities are affected by an alleged violation of this section.
SB475-SSA1,16,323 2. Except as provide in subd. 4., a person specified in subd. 1. a. to c. may file
24a written complaint with the commission that a state agency has taken an action that
25the state agency knew or should have known was in violation of this section. If the

1complaint also involves a respondent that is not a state agency, the commission may
2consider and determine the complaint against each respondent separately and at
3such times as the commission prescribes.
SB475-SSA1,16,44 3. A written complaint under subd. 1. or 2. shall include all of the following
SB475-SSA1,16,85 a. A short plain statement of the complaint that identifies the transaction or
6occurrence or series of transactions or occurrences for which the complaint arises and
7that shows that the person or state agency has taken an action that the person or
8state agency knew or should have known was in violation of this section.
SB475-SSA1,16,109 b. A statement of the provisions of statutes, rules, or commission orders that
10the person's or state agency's action allegedly violated.
SB475-SSA1,16,1111 c. Copies of all records and papers on which the complaint is founded.
SB475-SSA1,16,1512 4. No person may file a complaint under subd. 1. or 2. more than 120 days after
13the person discovers an alleged violation of this section, except that the panel or
14commission may for good cause shown allow filing no later than one year after the
15discovery of the alleged violation.
SB475-SSA1,16,1716 5. No complaint filed under subd. 1. or 2. may be dismissed solely because of
17the absence of direct damage to the complainant.
SB475-SSA1,17,218 (br) Panel duties. 1. Upon receipt of a complaint filed under par. (bg) 1., the
19panel shall provide the respondent, by certified mail, a statement of the complaint
20and a notice requiring the respondent to file a response with the panel within 20 days
21after the date of service of the notice. The notice shall also advise the respondent of
22the amount of the fee required for completion of the educational course under subd.
234. Upon request of the respondent, the panel may extend the period for filing the
24response. The panel may consolidate complaints where appropriate. In the
25response, the respondent shall admit or deny the violation or aiding in a violation

1that is alleged in the complaint or advise the panel that, based on the respondent's
2satisfaction of the complaint, the complainant has agreed to dismiss the complaint.
SB475-SSA1,17,113 2. Within the period specified in subd. 3., the panel shall determine by majority
4vote whether there is probable cause to believe that the respondent has taken an
5action that the respondent knew or should have known was in violation of this
6section or whether to dismiss the complaint. The panel shall dismiss a complaint for
7lack of probable cause or at the request of the complainant. Except as provided in
8subd. 4., if the panel determines there is probable cause to believe that a respondent
9has taken an action that the respondent knew or should have known was in violation
10of this section, the panel shall refer the complaint to the commission and include the
11complaint and the response of the respondent.
SB475-SSA1,17,1312 3. The panel shall make a determination regarding probable cause under subd.
132. within one of the following periods:
SB475-SSA1,17,1514 a. If a respondent files a response within the period specified or extended under
15subd. 1., within 20 days after the respondent files the response.
SB475-SSA1,17,1816 b. If a respondent fails to file a response within the period specified in subd. 1.
17and the panel has not extended the period under subd. 1., within 40 days after the
18panel's service of the notice under subd. 1.
SB475-SSA1,17,2119 c. If the panel has extended the period under subd. 1. and the respondent fails
20to file a response within the extended period, within 20 days after expiration of the
21extended period.
SB475-SSA1,18,522 4. If the panel determines there is probable cause to believe that a respondent
23has taken an action that the respondent knew or should have known was in violation
24of this section, the panel may allow the respondent to attend an educational course
25in lieu of providing notice of probable violation to the commission under subd. 2. The

1one-call system shall require a respondent who agrees to attend the educational
2course to pay a fee before completion of the course for recovering a portion of the cost
3of producing the educational course and the direct cost of administering the
4educational course for the respondent. The one-call system shall deposit any fees
5collected in the damage prevention fund.
SB475-SSA1,18,156 (c) Commission duties. 1. Upon the filing of a complaint under par. (bg) 2. or
7receipt of a referral under par. (br) 2., the commission may, with or without notice,
8investigate the complaint as it considers necessary to determine if sufficient cause
9exists to warrant a hearing on the complaint. If the commission determines that
10sufficient cause exists to warrant a hearing on the complaint, the commission shall
11set the matter for a public hearing upon 10 days' notice and treat the complaint as
12a contested case. If the commission determines that sufficient cause does not exist
13to warrant a hearing on the complaint, and within 30 days of that determination the
14complainant or respondent disputes that determination, the commission shall treat
15the complaint as a contested case.
Loading...
Loading...