LRB-1795/2
JJL:skg:jlb
1995 - 1996 LEGISLATURE
February 14, 1995 - Introduced by Senators Cowles, Panzer, Burke and Schultz,
cosponsored by Representatives Duff, Baumgart, Porter, Schneiders,
Goetsch, Ainsworth, Silbaugh, Reynolds, Notestein
and Ryba. Referred to
Committee on Environment and Energy.
SB64,1,10 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) and 182.0175 (3) (b) of the statutes; relating to: damage to
10transmission facilities and providing penalties.
Analysis by the Legislative Reference Bureau
This bill revises the procedures relating notices involving excavation near
transmission facilities and damage to transmission facilities. "Transmission
facilities" include pipes, cables, wires and other physical facilities used by utilities
or private parties to transport gas, electricity, water, sewage or other materials. The
bill expands the definition of transmission facilities to explicitly include
government-owned facilities and telecommunications and data transmission
facilities.
Under the bill, transmission facilities owners are required to establish a
statewide, toll-free one-call system (a "digger's hotline") to receive and transmit
excavation notices to transmission facilities owners. With limited exceptions,

transmission facilities owners are required to participate in funding the one-call
system.
The bill requires excavation planners and excavators to notify the one-call
system before engaging in nonemergency excavation. The bill identifies the
information needed to be included in an excavation notice. An excavator is required
to repeat a notice to the one-call system if excavation is delayed or interrupted by
10 days.
Upon receipt of an excavation notice, a transmission facilities owner is required
to mark the excavation area to identify the facilities. The bill revises the color-code
used to identify various types of transmission facilities.
Currently, if a transmission facilities owner receives notice of possible damage
to facilities, the owner is required to inspect the damage within 24 hours. Under the
bill, inspection is required within 6 hours after receipt of the notice.
The bill also requires a transmission facilities owner to mark facilities or
provide other appropriate responses to an excavation notice within certain time
limits after receiving an excavation notice.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB64, s. 1 1Section 1. 182.0175 (1) (intro.) of the statutes is amended to read:
SB64,2,32 182.0175 (1) Definitions. (intro.) As used in In this section, unless the context
3requires otherwise
:
SB64, s. 2 4Section 2. 182.0175 (1) (a) of the statutes is repealed.
SB64, s. 3 5Section 3. 182.0175 (1) (am) of the statutes is created to read:
SB64,2,76 182.0175 (1) (am) "Emergency" means an unforeseen condition that requires
7immediate excavation to avoid property damage, personal injury or loss of life.
SB64, s. 4 8Section 4. 182.0175 (1) (b) of the statutes is amended to read:
SB64,3,29 182.0175 (1) (b) "Excavation" means any operation in which earth, rock or
10other material in or on the ground is moved, removed or otherwise displaced by
11means of any tools, equipment or explosives and includes grading, trenching,
12digging, ditching, drilling, augering, tunneling, scraping, cable or pipe plowing, and

1driving and means any operation by which a structure or mass of material is
2wrecked, razed, rended, moved or removed
.
SB64, s. 5 3Section 5. 182.0175 (1) (bm) of the statutes is created to read:
SB64,3,44 182.0175 (1) (bm) "Excavator" means a person who engages in excavation.
SB64, s. 6 5Section 6. 182.0175 (1) (c) of the statutes is amended to read:
SB64,3,116 182.0175 (1) (c) "Transmission facilities" includes all pipes, pipelines, wires,
7cables, ducts, wirelines and associated facilities, regardless of the nature of their
8transmittants or of their in-service application. The term includes, but is not
9restricted to, utility facilities, government-owned facilities, facilities transporting
10hazardous materials, communications and data facilities, drainage facilities and
11private water facilities and sewer systems.
SB64, s. 7 12Section 7. 182.0175 (1m) of the statutes is created to read:
SB64,3,1813 182.0175 (1m) One-call system. (a) Statewide system. Transmission facilities
14owners shall establish or designate a nonprofit organization governed by a board of
15directors as the operator of a one-call system. The one-call system shall be a
16statewide communication system in which a single operational center receives
17excavation notices and transmits notice information to affected-member
18transmission facilities owners.
SB64,3,2119 (b) Membership. 1. Except as provided in subd. 2., a transmission facilities
20owner shall be a member of the one-call system. A member shall participate in the
21funding of the one-call system.
SB64,3,2522 2. A transmission facilities owner is not required to be a member of the one-call
23system if all of that person's transmission facilities are located on property owned by
24that person. This subdivision does not apply to a governmental unit that is a
25transmission facilities owner.
SB64,4,4
1(c) Liability. A transmission facilities owner who is required to be a member
2of the one-call system is liable for all damages to the person's transmission facilities
3and for any other damages that occur as a result of excavation if that person is not
4a member of the one-call system.
SB64,4,55 (d) System functions. The one-call system shall do all of the following:
SB64,4,66 1. Publicize the availability and use of the one-call system.
SB64,4,77 2. Provide toll-free communication to the one-call system.
SB64,4,88 3. Accept notices of intended excavation activity.
SB64,4,109 4. Inform the person providing notice of the names of transmission facilities
10owners who will receive the notice information.
SB64,4,1211 5. Promptly transmit notice information to affected-member transmission
12facilities owners.
SB64,4,1313 6. Retain records of notices for a period of not less than 6 years.
SB64, s. 8 14Section 8. 182.0175 (2) (title) of the statutes is repealed and recreated to read:
SB64,4,1515 182.0175 (2) (title) Excavator and planner responsibilities.
SB64, s. 9 16Section 9. 182.0175 (2) (a) (intro.) of the statutes is amended to read:
SB64,4,2017 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, s. 10 21Section 10. 182.0175 (2) (a) 1. of the statutes is amended to read:
SB64,4,2422 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, s. 11 25Section 11. 182.0175 (2) (a) 2. of the statutes is amended to read:
SB64,5,3
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, s. 12 4Section 12. 182.0175 (2) (a) 3. of the statutes is renumbered 182.0175 (2) (am)
51. and amended to read:
SB64,5,106 182.0175 (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, s. 13 11Section 13. 182.0175 (2) (a) 4. of the statutes is renumbered 182.0175 (2) (am)
123. and amended to read:
SB64,5,1813 182.0175 (2) (a) 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, s. 14 19Section 14. 182.0175 (2) (a) 5. of the statutes is renumbered 182.0175 (2) (am)
205. and amended to read:
SB64,5,2521 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, s. 15
1Section 15. 182.0175 (2) (a) 6. of the statutes is renumbered 182.0175 (2) (am)
26. and amended to read:
SB64,6,63 182.0175 (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.
SB64,6,9 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, s. 16 10Section 16. 182.0175 (2) (a) 7. of the statutes is renumbered 182.0175 (2) (am)
118. and amended to read:
SB64,6,1612 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, s. 17 17Section 17. 182.0175 (2) (am) (intro.) of the statutes is created to read:
SB64,6,1918 182.0175 (2) (am) Excavation notice. (intro.) An excavator shall do all of the
19following:
SB64, s. 18 20Section 18. 182.0175 (2) (am) 4. of the statutes is created to read:
SB64,6,2421 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, s. 19 25Section 19. 182.0175 (2) (am) 6m. of the statutes is created to read:
SB64,7,3
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, s. 20 4Section 20. 182.0175 (2) (b) of the statutes is renumbered 182.0175 (2) (am)
52. and amended to read:
SB64,7,106 182.0175 (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, s. 21 11Section 21. 182.0175 (2) (bm) of the statutes is created to read:
SB64,7,1312 182.0175 (2) (bm) Notice. An excavation notice shall include all of the following
13information:
SB64,7,1414 1. The name of the person providing notice.
SB64,7,1515 2. The name, address and telephone number of the excavator.
SB64,7,1616 3. The specific location and description of the excavation area.
SB64,7,1717 4. A description of the intended excavation activity.
SB64,7,1818 5. The intended starting date of the excavation.
SB64, s. 22 19Section 22. 182.0175 (2) (c) and (d) of the statutes are repealed.
SB64, s. 23 20Section 23. 182.0175 (2) (e) of the statutes is renumbered 182.0175 (2m) (b)
21and amended to read:
SB64,8,1122 182.0175 (2m) (b) (title) Facilities marking. Every A person owning
23transmission facilities, upon receipt of an excavation notice under par. (a) 3., shall
24mark in a reasonable manner the locations of transmission facilities in the field so
25as
area described in the notice to enable the person engaged in excavation or

1demolition
excavator to locate the transmission facilities without endangering the
2security of such the facilities. The marking of facilities shall be accomplished
3completed within 3 working days after receipt of the notice, except or if notice is given
4more than 10 days before the excavation or demolition is scheduled to begin, marking
5need not shall be accomplished more than completed at least 3 working days before
6excavation or demolition is scheduled to begin. If the approximate location of an
7underground
a transmission facility is marked with paint, flags, stakes or other
8physical means, the following color coding of lines, cables or conduits shall be as
9follows except that color coding shall not be required for permanent markers
10required by state and federal codes
comply with the uniform color code adopted by
11the American National Standards Institute
:
SB64,8,1212 1. Electric power distribution and transmission: safety : red.
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