Tampering or interfering with utility equipment. Under current law, a
person who removes or changes a building or other structure to which a telegraph,
telecommunications, electric light, or electric power line is attached in a way that
destroys or disturbs the wire, pole, or other property of a telegraph,

telecommunications, or electric company without giving at least 24 hours' notice to
the company generally may be imprisoned up to 30 days and fined up to $50. A
person who breaks down, interrupts, or moves any telegraph, telecommunications,
electric light, or electric power line or wire, pole, or other property of a telegraph,
telecommunications, or electric company generally may be imprisoned up to three
months and fined up to $100.
Under the bill, a person who commits any of those acts is guilty of a Class B
misdemeanor, and may be imprisoned for up to 90 days, fined up to $1,000, or both.
Additionally, under the bill, a person who intentionally makes or causes to be made
a physical electrical connection with any wire, cable, conductor, ground, equipment,
facility, or other property of any telecommunications or electric company is guilty of
a Class A misdemeanor, and may be imprisoned for up to nine months, fined up to
$10,000,000, or both.
The bill clarifies that a telegraph, telecommunications, or electric company
may include a cooperative organized under the laws of this state and exempts from
criminal liability a person who is acting with the permission of the telegraph,
telecommunications, or electric company or cooperative or with the permission of the
person who owns the land on which the affected property is located.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state 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:
AB527, s. 1 1Section 1. 15.79 of the statutes is renumbered 15.79 (1) and amended to read:
AB527,6,22 15.79 (1) There is created a public service commission. No member of the
3commission may have a financial interest in a railroad, water carrier, or public
4utility. If any member voluntarily becomes so interested, the member's office shall
5become vacant. If the member involuntarily becomes so interested, the member's
6office shall become vacant unless the member divests himself or herself of the
7interest within a reasonable time. No commissioner may serve on or under any

1committee of a political party.
Each commissioner shall hold office until a successor
2is appointed and qualified.
AB527, s. 2 3Section 2. 15.79 (2) of the statutes is created to read:
AB527,6,54 15.79 (2) A commissioner of the public service commission may not do any of
5the following:
AB527,6,66 (a) Be a candidate for public office in any election.
AB527,6,97 (b) Directly or indirectly solicit or receive any contribution, as defined in s.
811.01 (6), for any political purpose, as defined in s. 11.01 (16), whatever, from any
9person within or outside of the state.
AB527,6,1110 (c) Act as an officer or manager for any candidate, political party, or committee
11organized to promote the candidacy of any person for any public office.
AB527,6,1212 (d) Serve on or under any committee of a political party.
AB527, s. 3 13Section 3. 134.40 (title) of the statutes is renumbered 941.40 (title) and
14amended to read:
AB527,6,16 15941.40 (title) Injury to wires by removal of building, etc.; tampering
16with telecommunication or electric wires.
AB527, s. 4 17Section 4. 134.40 (1) of the statutes is renumbered 941.40 (1) and amended
18to read:
AB527,7,919 941.40 (1) Except as provided under sub. (2) (4), any person having the right
20so to do who shall willfully remove or change intentionally removes or changes any
21building or other structure or any timber, standing or fallen, to which any telegraph,
22telecommunications, electric light, or electric power lines or wires are in any manner
23attached, or cause causes the same to be done, which shall destroy, disturb or injure
24and consequently destroys, disturbs, or injures the wires, poles, or other property of
25any telegraph, telecommunications, electric light, or electric power company,

1including a cooperative association organized under ch. 185
, transacting business in
2this state, without first giving to such the company, at its office nearest to such the
3place of injury, at least 24 hours' previous notice thereof, shall be imprisoned not
4more than 30 days or fined not more than $50. And any person who shall unlawfully
5break down, interrupt or remove any telegraph, telecommunications, electric light
6or electric power line or wire or destroy, disturb, interfere with or injure the wires,
7poles or other property of any telegraph, telecommunications, electric light or electric
8power company in this state shall be imprisoned not more than 3 months or fined not
9more than $100
is guilty of a Class B misdemeanor.
AB527, s. 5 10Section 5. 134.40 (2) of the statutes is renumbered 941.40 (4) (a) and amended
11to read:
AB527,7,1412 941.40 (4) (a) This section does Subsections (1) and (2) do not apply to any
13person who is lawfully using a land survey marker for land surveying purposes no
14more than 30 inches below ground level.
AB527, s. 6 15Section 6. 196.02 (7) of the statutes is amended to read:
AB527,7,2116 196.02 (7) Commission initiative. In any matter within its jurisdiction,
17including, but not limited to, chs. 197 and 201 and this chapter, the commission may
18initiate, investigate, and order a hearing at its discretion upon such notice as it
19deems proper. The commission may use personal delivery, mail, electronic mail, or
20any other reasonable method to provide notice, including notice for a contested case
21hearing, notwithstanding s. 227.44 (1).
AB527, s. 7 22Section 7. 196.378 (1) (fm) of the statutes is amended to read:
AB527,8,223 196.378 (1) (fm) "Renewable energy percentage" means, with respect to an
24electric provider for a particular year, the percentage that results from dividing the

1sum of the megawatt hours represented by the following by the total amount of
2electricity that the electric provider sold to retail customers or members in that year:
AB527,8,43 1. The renewable resource credits created from the electric provider's total
4renewable energy in that year.
AB527,8,75 2. The Any renewable resource credits created or purchased by the electric
6provider, if any,
in addition to the renewable resource credits specified in subd. 1. that
7the electric provider elects to use in that year.
AB527, s. 8 8Section 8. 196.378 (2) (bm) of the statutes is created to read:
AB527,8,119 196.378 (2) (bm) Each electric provider shall annually retire renewable
10resource credits sufficient to satisfy the electric provider's renewable energy
11percentage required under par. (a) 2.
AB527, s. 9 12Section 9. 196.378 (3) (a) 1. of the statutes is amended to read:
AB527,9,613 196.378 (3) (a) 1. Each megawatt hour of an electric provider's total renewable
14energy creates one renewable resource credit for the electric provider.
Subject to
15subd. 2., an electric provider that provides total renewable energy to its retail electric
16customers or members in excess of the percentages specified in
exceeds its renewable
17energy percentage required under
sub. (2) (a) 2., or that satisfies the requirements
18specified in rules promulgated under subd. 1m.,
may, in the applicable year, create
19a
bank any excess renewable resource credit and credits or any portion of any excess
20renewable resource credit for use in a subsequent year or
sell any excess renewable
21resource credits or any portion of any excess renewable resource credit
to any other
22electric provider the renewable resource credit or a portion of the renewable resource
23credit
at any negotiated price. An electric provider that creates or purchases a
24renewable resource credit or portion may use the credit or portion, as provided under
25par. (c), to establish compliance with sub. (2) (a) 2. The commission shall promulgate

1rules that establish requirements for the creation and use of a renewable resource
2credit created on or after January 1, 2004, including calculating the amount of a
3renewable resource credit, and for the tracking of renewable resource credits by a
4regional renewable resource credit tracking system. The rules shall specify the
5manner for aggregating or allocating credits under this subdivision or sub. (2) (b) 4.
6or 5.
AB527, s. 10 7Section 10. 196.378 (3) (a) 1m. of the statutes is amended to read:
AB527,9,198 196.378 (3) (a) 1m. The commission shall promulgate rules that allow an
9electric provider or customer or member of an electric provider to create a renewable
10resource credit based on use in a year by the electric provider, or a customer, or
11member of the electric provider, of solar energy, including solar water heating and
12direct solar applications such as solar light pipe technology; geothermal energy;
13biomass; biogas; synthetic gas created by the plasma gasification of waste; densified
14fuel pellets described in sub. (1) (h) 1. i.; or fuel described in sub. (1) (h) 1. j.; but only
15if the use displaces the electric provider's, customer's, or member's use of electricity
16that is derived from conventional resources, and only if the displacement is verifiable
17and measurable, as determined by the commission. The rules shall allow an electric
18provider, customer, or member to create a renewable resource credit based on 100
19percent of the amount of the displacement.
AB527, s. 11 20Section 11. 196.378 (3) (a) 2. of the statutes is amended to read:
AB527,9,2521 196.378 (3) (a) 2. The commission shall promulgate rules for calculating the
22amount of a renewable resource credit that is created bankable from a renewable
23facility placed into service before January 1, 2004. The rules shall provide that the
24amount of a bankable renewable resource credit created on or after January 1, 2004,
25from such a renewable facility, except a renewable facility owned by a retail customer

1of an electric provider, is limited to the incremental increase in output from the
2renewable facility that is due to capacity improvements made on or after January 1,
32004.
AB527, s. 12 4Section 12. 196.395 (title) of the statutes is amended to read:
AB527,10,6 5196.395 (title) Test, conditional, emergency and supplemental orders;
6waiver of conditions in orders order conditions.
AB527, s. 13 7Section 13. 196.395 of the statutes is renumbered 196.395 (1).
AB527, s. 14 8Section 14. 196.395 (2) of the statutes is created to read:
AB527,10,119 196.395 (2) As a condition of any order, the commission may not require a
10public utility to lobby on a legislative issue or to take a specific position on a
11legislative issue.
AB527, s. 15 12Section 15. 196.40 of the statutes is amended to read:
AB527,10,21 13196.40 Orders and determinations; time of taking effect. Every order or
14determination of the commission shall take effect 20 days the day after the order or
15determination has been filed and served by personal delivery or, mail, electronic
16mail, or any other method that the commission determines is likely to reach the
17parties or their attorneys,
to all parties to the proceeding in which the order or
18determination was made or to their attorneys, unless the commission specifies a
19different date upon which the order or determination shall be effective. After the
20effective date every order or determination shall be on its face lawful and reasonable
21unless a court determines otherwise under s. 227.57.
AB527, s. 16 22Section 16. 196.49 (5g) of the statutes is created to read:
AB527,11,223 196.49 (5g) (a) A public utility is exempt from the requirement to obtain a
24certification or approval of the commission under this section before beginning a

1proposed project if the estimated gross cost of the proposed project is not more than
2one of the following cost thresholds:
AB527,11,43 1. For an electric public utility whose electric operating revenues in the prior
4year were less than $5,000,000, the cost threshold is $250,000.
AB527,11,75 2. For an electric public utility whose electric operating revenues in the prior
6year were $5,000,000 or more and less than $250,000,000, the cost threshold is 4
7percent of those operating revenues.
AB527,11,98 3. For an electric public utility whose electric operating revenues in the prior
9year were $250,000,000 or more, the cost threshold is $10,000,000.
AB527,11,1210 4. For a natural gas public utility, the cost threshold is $2,500,000 or 4 percent
11of the public utility's natural gas operating revenues in the prior year, whichever is
12less.
AB527,11,1513 5. For a water public utility or combined water and sewer public utility, the cost
14threshold is $250,000 or 25 percent of the utility's operating revenues in the prior
15year, whichever is less.
AB527,11,2116 (b) Beginning on May 1, 2014, and on May 1 of each successive even-numbered
17year thereafter, the commission shall adjust the cost thresholds specified in par. (a)
18to reflect changes to the cost of utility construction based on the applicable industry
19cost index numbers published in the Handy-Whitman Index of Public Utility
20Construction Costs, or an equivalent successor index, and publicize the adjusted cost
21thresholds on the commission's Web site.
AB527, s. 17 22Section 17. 196.49 (5r) of the statutes is created to read:
AB527,12,423 196.49 (5r) (a) If a hearing is held on an application filed under sub. (1), (2),
24(3), or (5), the commission shall take final action on the application within 180 days
25after the commission issues a notice of hearing on the application. The chairperson

1of the commission may extend the time period for an additional 180 days for good
2cause. If the commission fails to take final action within the initial 180-day period,
3or the extended 180-day time period, the commission is considered to have issued
4a certificate of authority with respect to the application.
AB527,12,115 (b) If a hearing is not held on an application filed under sub. (1), (2), (3), or (5),
6the commission shall take final action on the application within 90 days after the
7commission issues a notice opening a docket on the application. The chairperson of
8the commission may extend the time period for an additional 90 days for good cause.
9If the commission fails to take final action within the initial 90-day period, or the
10extended 90-day time period, the commission is considered to have issued a
11certificate of authority with respect to the application.
AB527, s. 18 12Section 18. 196.491 (3m) (a) (intro.) of the statutes is amended to read:
AB527,12,1613 196.491 (3m) (a) Commission approval required. (intro.) Except as provided
14in par. (e) 1., an affiliated interest of a public utility may not own, control or operate
15a wholesale merchant plant without the approval of the commission. The
16commission shall grant its approval only if each of the following is satisfied:
AB527, s. 19 17Section 19. 196.491 (3m) (c) 3. (intro.) of the statutes is amended to read:
AB527,12,2018 196.491 (3m) (c) 3. (intro.) An Except as provided in par. (e) 2., an affiliated
19interest may not make any firm sale to a public utility with which the affiliated
20interest is affiliated if the firm sale satisfies any of the following:
AB527, s. 20 21Section 20. 196.491 (3m) (e) (title) of the statutes is repealed and recreated
22to read:
AB527,12,2323 196.491 (3m) (e) (title) Exemptions.
AB527, s. 21 24Section 21. 196.491 (3m) (e) of the statutes is renumbered 196.491 (3m) (e) 1.
AB527, s. 22 25Section 22. 196.491 (3m) (e) 2. of the statutes is created to read:
AB527,13,5
1196.491 (3m) (e) 2. Paragraph (c) 3. does not apply to a firm sale from a
2wholesale merchant plant located in Adams or Juneau county to a public utility if the
3wholesale merchant plant is owned by an affiliated interest of the public utility and
4the public utility owned, operated, or controlled the affiliated interest before January
51, 2012.
AB527, s. 23 6Section 23. 196.50 (2) (i) of the statutes, as created by 2011 Wisconsin Act 22,
7is amended to read:
AB527,13,138 196.50 (2) (i) A telecommunications utility certified under this subsection is
9exempt from ss. 196.02 (2) and (6), 196.05, 196.06, 196.07, 196.08, 196.09, 196.10,
10196.12, 196.13, 196.16, 196.18, 196.19, 196.20, 196.21, 196.219 (3) (c), (e), (g), and (L),
11(4d), (4m), and (5), 196.24, 196.395 (1), 196.49, 196.52, 196.58, 196.60, 196.64,
12196.78, and 196.79 and, except with respect to wholesale telecommunications
13service, is exempt from s. 196.219 (4).
AB527, s. 24 14Section 24. 196.52 (3) (b) 1. of the statutes, as affected by 2011 Wisconsin Act
1522
, is amended to read:
AB527,13,2516 196.52 (3) (b) 1. The requirement for written approval under par. (a) shall not
17apply to any contract or arrangement if the amount of consideration involved is not
18in excess of $25,000 the threshold amount under subd. 1m. or 5% of the equity of the
19public utility, whichever is smaller. The requirement under par. (a) also does not
20apply to contracts or arrangements with joint local water authorities under s.
2166.0823. Regularly recurring payments under a general or continuing arrangement
22which aggregate a greater annual amount may not be broken down into a series of
23transactions to come within the exemption under this paragraph. Any transaction
24exempted under this paragraph shall be valid or effective without commission
25approval under this section.
AB527, s. 25
1Section 25. 196.52 (3) (b) 1m. of the statutes is created to read:
AB527,14,62 196.52 (3) (b) 1m. The threshold amount under subd. 1. is $250,000, except that
3in 2014 and biennially thereafter, the commission shall adjust such threshold
4amount to reflect adjustments to the U.S. consumer price index for all urban
5consumers, U.S. city average, as determined by the U.S. department of labor, and
6disseminate the adjusted threshold on the commission's Web site.
AB527, s. 26 7Section 26. 196.52 (3) (d) of the statutes is created to read:
AB527,14,148 196.52 (3) (d) 1. If a hearing is held on an application under this subsection,
9the commission shall take final action on the application within 180 days after the
10commission issues a notice of hearing on the application. The chairperson of the
11commission may extend the time period for an additional 180 days for good cause.
12If the commission fails to take final action within the initial 180-day period, or the
13extended 180-day time period, the commission is considered to have approved the
14application.
AB527,14,1915 2. If a hearing is not held on an application under this subsection, the
16commission shall take final action on the application within 90 days after the
17commission issues a notice opening a docket on the application. If the commission
18fails to take final action within the initial 90-day period, the commission is
19considered to have approved the application.
AB527, s. 27 20Section 27. 196.795 (6m) (c) of the statutes is amended to read:
AB527,15,221 196.795 (6m) (c) Wholesale merchant plants. The assets of a wholesale
22merchant plant shall not be included in the sum of the assets of a public utility
23affiliate under par. (b) 1. a., b. or c. and shall not be included in a nonutility affiliate's
24total assets under par. (b) 2. a. if the requirements specified in s. 196.491 (3m) (a) 1.

1and 2. are satisfied or if the wholesale merchant plant qualifies for the exemption
2under s. 196.491 (3m) (e) 1.
AB527, s. 28 3Section 28. 196.81 (3) of the statutes, as affected by 2011 Wisconsin Act 22,
4is renumbered 196.81 (3) (intro.) and amended to read:
AB527,15,55 196.81 (3) (intro.) This section does not apply to a any of the following:
AB527,15,7 6(a) A service discontinuance by a public utility that is a telecommunications
7provider.
AB527, s. 29 8Section 29. 196.81 (3) (b) of the statutes is created to read:
AB527,15,129 196.81 (3) (b) A public utility's removal, at the request of a customer, of the
10customer's electric service drop or electric or steam service lateral, including any
11primary voltage or steam line that is used exclusively to serve the customer
12requesting the removal.
AB527, s. 30 13Section 30. 227.48 (1) of the statutes is amended to read:
AB527,15,1614 227.48 (1) Every Except as provided in s. 196.40, every decision when made,
15signed and filed, shall be served forthwith by personal delivery or mailing of a copy
16to each party to the proceedings or to the party's attorney of record.
AB527, s. 31 17Section 31. 230.08 (2) (mL) of the statutes is amended to read:
AB527,15,1918 230.08 (2) (mL) One executive assistant of each commissioner of the public
19service commission, created under s. 15.79 (1).
AB527, s. 32 20Section 32. 941.40 (2) of the statutes is created to read:
AB527,16,221 941.40 (2) Any person who intentionally breaks down, interrupts, or removes
22any telegraph, telecommunications, electric light, or electric power line or wire
23including grounds or who destroys, disturbs, interferes with, or injures the wires,
24poles, or other property of any telegraph, telecommunications, electric light, or

1electric power company, including a cooperative association organized under ch. 185,
2is guilty of a Class B misdemeanor.
AB527, s. 33 3Section 33. 941.40 (3) of the statutes is created to read:
AB527,16,84 941.40 (3) Any person who, for any purpose, intentionally makes or causes to
5be made a physical electrical connection with any wire, cable, conductor, ground,
6equipment, facility, or other property of any telecommunications or electric power
7company, including a cooperative association organized under ch. 185, is guilty of a
8Class A misdemeanor.
AB527, s. 34 9Section 34. 941.40 (4) (b) of the statutes is created to read:
AB527,16,1510 941.40 (4) (b) Subsections (2) and (3) do not apply to a person who acts with the
11permission of the telecommunications or electric power company, including a
12cooperative association organized under ch. 185, that is affected or that owns the
13wire, pole, cable, conductor, ground, equipment, facility, or other affected property
14or with the permission of the person who owns the property on which the wire, pole,
15cable, conductor, ground, equipment, facility, or other affected property is located.
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