AB804: Bill Text

AB804,17 Section 17. 182.0175 (1) (br) of the statutes is created to read:

AB804,12,20 182.0175 (1) (br) "Panel" means the panel appointed under sub. (1m) (d) 8.

AB804,18 Section 18. 182.0175 (1) (bt) of the statutes is renumbered 182.0175 (1) (bo).

AB804,19 Section 19. 182.0175 (1) (bx) of the statutes is created to read:

AB804,12,24 182.0175 (1) (bx) "Respondent" means a person who is alleged in a complaint to have violated this section.

AB804,20 Section 20. 182.0175 (1m) (d) 8. to 12. of the statutes are created to read:

AB804,13,2 182.0175 (1m) (d) 8. Appoint a panel consisting of not less than 7 and not more than 9 members to carry out the duties specified in sub. (3) (am).

AB804,13,4 9. Establish policies, procedures, and forms as necessary to implement the requirements under sub. (3) (am).

AB804,13,6 10. Provide for the production and administration of the educational course under sub. (3) (am) 6.

AB804,13,8 11. Establish and maintain a damage prevention fund consisting of fees under sub. (3) (am) 6. and (c) 7. and surcharges under sub. (3) (d) 2.

AB804,13,12 12. Use the damage prevention fund at the one-call system's discretion to pay the cost of producing and administering the educational course under sub. (3) (am) 6. or providing for public outreach and underground utility damage prevention awareness programs.

AB804,21 Section 21. 182.0175 (2) (am) (title) of the statutes is amended to read:

AB804,13,14 182.0175 (2) (am) (title) Excavation notice and other duties.

AB804,22 Section 22. 182.0175 (2) (am) 7. of the statutes is amended to read:

AB804,13,20 182.0175 (2) (am) 7. Immediately notify the owner of a transmission facility if an inspection reveals that the transmission facility has been or may have been struck, damaged, dislocated or disrupted and, if flammable, toxic, or corrosive gas or liquid has escaped that may endanger life, cause bodily harm, or result in damage to property, promptly make a report to the 911 emergency telephone number.

AB804,23 Section 23. 182.0175 (2) (bm) (title) of the statutes is amended to read:

AB804,13,22 182.0175 (2) (bm) (title) Notice contents.

AB804,24 Section 24. 182.0175 (3) (title) of the statutes is repealed and recreated to read:

AB804,13,25 182.0175 (3) (title) Enforcement.

AB804,25 Section 25. 182.0175 (3) (a) (title) of the statutes is renumbered 182.0175 (3) (d) (title) and amended to read:

AB804,14,3 182.0175 (3) (d) (title) Forfeitures; surcharges.

AB804,26 Section 26. 182.0175 (3) (a) of the statutes is renumbered 182.0175 (3) (d) 1. and amended to read:

AB804,14,12 182.0175 (3) (d) 1. Any In a consent agreement executed under par. (c) 4. or order issued under par. (c) 6., the commission may directly assess a forfeiture against a person who willfully and knowingly violates this section may be required to forfeit of no more than $2,000 for each offense violation. Each day of continued violation constitutes a separate offense violation. The commission shall remit the forfeitures to the secretary of administration for deposit in the school fund. No other forfeiture may be imposed for a violation of this section.

AB804,27 Section 27. 182.0175 (3) (am) of the statutes is created to read:

AB804,14,17 182.0175 (3) (am) Complaint. 1. Any person may file a complaint with the panel pursuant to procedures established by the one-call system that alleges that another person has violated or aided in the violation of this section. No complaint may be dismissed solely because of the absence of direct damage to the complainant.

AB804,14,21 2. No complaint may be filed under subd. 1. after 120 days after a person discovers an alleged violation of this section, except that the panel may, for good cause shown, allow filing no later than one year after the discovery of an alleged violation.

AB804,15,5 3. Upon receipt of a complaint filed under subd. 1., the panel shall provide the respondent, by certified mail, a statement of the complaint and a notice requiring the respondent to file a response with the panel within 20 days after the date of service of the notice. The notice shall also advise the respondent of the amount of the fee required for completion of the educational course under subd. 6. Upon request of the respondent, the panel may extend the period for filing the response. In the response, the respondent shall admit or deny the violation alleged in the complaint or advise the panel that, based on the respondent's satisfaction of the complaint, the complainant has agreed to dismiss the complaint.

AB804,15,14 4. Within the period specified in subd. 5., the panel shall determine by majority vote whether there is probable cause to believe that the respondent has violated this section or whether to dismiss the complaint. The panel shall dismiss a complaint for lack of probable cause or at the request of the complainant. Except as provided in subd. 6., if the panel determines there is probable cause to believe that a respondent violated this section, the panel shall provide a notice of probable violation to the commission that includes the amount the panel by majority vote recommends the commission assess as a forfeiture under par. (d) 1. The panel shall consider the following factors in determining the amount of a recommended forfeiture:

AB804,15,16 a. The amount of damage, degree of threat to the public safety, and inconvenience caused by the respondent's alleged violation of this section.

AB804,15,18 b. The respondent's plans and procedures to ensure future compliance with this section.

AB804,15,19 c. Any history of previous violations of this section by the respondent.

AB804,15,20 d. Any other matter as justice requires.

AB804,15,22 5. The panel shall make a determination regarding probable cause under subd. 4. within one of the following periods:

AB804,15,24 a. If a respondent files a response within the period specified or extended under subd. 3., within 20 days after the respondent files the response.

AB804,16,3 b. If a respondent fails to file a response within the period specified in subd. 3. and the panel has not extended the period under subd. 3., within 40 days after the panel's service of the notice under subd. 3.

AB804,16,6 c. If the panel has extended the period under subd. 3. and the respondent fails to file a response within the extended period, within 20 days after expiration of the extended period.

AB804,16,14 6. If the panel determines there is probable cause to believe that a respondent violated this section, the one-call system may allow the respondent to attend an educational course in lieu of providing notice of probable violation to the commission under subd. 4. The one-call system shall require a respondent who agrees to attend the educational course to pay a fee before completion of the course for recovering a portion of the cost of producing the educational course and the direct cost of administering the educational course for the respondent. The one-call system shall deposit any fees collected in the damage prevention fund.

AB804,28 Section 28. 182.0175 (3) (b) of the statutes is renumbered 182.0175 (3m) and amended to read:

AB804,16,21 182.0175 (3m) Misdemeanor. Whoever intentionally removes, moves or obliterates a transmission facilities marking placed by the transmission facilities owner may be fined not more than $500 or imprisoned for not more than 30 days or both. This paragraph subsection does not apply to an excavator who removes or obliterates markings during an excavation.

AB804,29 Section 29. 182.0175 (3) (c) of the statutes is created to read:

AB804,17,2 182.0175 (3) (c) Commission duties. 1. Upon receipt of a notice of probable violation under par. (am) 4., the commission shall serve a notice of the probable violation on the respondent. The commission shall serve the notice using personal delivery, mail, electronic mail, or any other reasonable method to provide notice. The notice may include any of the following:

AB804,17,4 a. A statement of the provisions of the statutes, rules, or commission orders that the person or persons are alleged to have violated.

AB804,17,6 b. A copy of this section and any other provisions of the statutes or rules upon which the commission is relying in the enforcement action for the violation.

AB804,17,7 c. Any forfeiture amount recommended by the panel.

AB804,17,10 d. A statement that the commission may require the respondent to attend and pay for the educational course under par. (am) 6. in lieu of or in addition to assessing a forfeiture.

AB804,17,13 2. Within 30 days of receipt of a notice of probable violation under subd. 1., the respondent shall respond by the method specified by the commission in at least one of the following ways:

AB804,17,15 a. Submitting written explanations, a statement of general denial, or other materials contesting the alleged violation.

AB804,17,17 b. Submitting a signed admission that the respondent committed the violation that is the subject of the notice.

AB804,17,22 3. Unless good cause is shown or a consent agreement is executed under subd. 4. before expiration of the period under subd. 2., the failure of a respondent to respond within that period shall constitute an admission that the respondent committed the violation that is the subject of the notice. The admission may be used against the respondent in any future proceeding.

AB804,18,2 4. At any time before the commission issues an order under subd. 6., the commission and the respondent may agree to dismiss the complaint by joint execution of a consent agreement. A consent agreement shall become effective when the commission issues an order approving the consent agreement.

AB804,18,6 5. A consent agreement under subd. 4. may assess against the respondent a forfeiture under par. (d) 1., require the respondent to attend the educational course under par. (am) 6., or do both. Each consent agreement under subd. 4. shall include all of the following:

AB804,18,7 a. An admission by the respondent of all jurisdictional facts.

AB804,18,10 b. An express waiver of any further procedural steps and of the right to seek judicial review or otherwise challenge or contest the validity of the commission's order approving the consent agreement.

AB804,18,12 c. A statement of the actions required of the respondent and the time by which the actions shall be completed.

AB804,18,17 6. If a complaint is not dismissed under a consent agreement under subd. 4., the commission may, no sooner than 30 days after the commission serves the respondent the notice under subd. 1., issue an order assessing a forfeiture under par. (d) 1., require the respondent to attend the educational course under par. (am) 6., or do both.

AB804,18,22 7. If a consent agreement under subd. 4. or order under subd. 6. requires a respondent to attend the educational course under par. (am) 6., the consent agreement shall also require the respondent to pay the one-call system a fee determined by the one-call system for the educational course, which the one-call system shall deposit in the damage prevention fund.

AB804,30 Section 30. 182.0175 (3) (d) 2. of the statutes is created to read:

AB804,19,3 182.0175 (3) (d) 2. For each forfeiture assessed under subd. 1., the commission shall require the person assessed to pay a surcharge equal to 10 percent of the amount of the forfeiture to the one-call system, which the one-call system shall deposit in the damage prevention fund. If the amount of a forfeiture is reduced on appeal, the amount of the surcharge shall be proportionately reduced.

AB804,31 Section 31. 182.0175 (3) (e) of the statutes is created to read:

AB804,19,15 182.0175 (3) (e) Review of delegated order. Upon the receipt of a written petition of a complainant or respondent requesting review of an order issued by an employee of the commission who was delegated the powers and duties under pars. (c) and (d) by the commission, the commission may review that order. The filing of a written petition for review shall not suspend or delay the effective date of the order, and the order shall continue in effect unless the petition is granted or until the order is superseded, modified, or set aside as provided by law. The complainant or respondent may request review by the commission no later than 20 days after the order by the employee is issued. If the commission does not issue an order with respect to a request for review under this paragraph within 30 days after the request is filed, the request is considered denied.

AB804,32 Section 32. 182.0175 (3) (f) of the statutes is created to read:

AB804,19,20 182.0175 (3) (f) Presumption of validity. Any recommendation, order, or other action of the panel, one-call system, or commission under this subsection is presumed valid. The burden is upon the person claiming the recommendation, order, or other action to be invalid to plead and prove the facts establishing the invalidity.

AB804,33 Section 33. 182.0175 (3) (g) of the statutes is created to read:

AB804,19,23 182.0175 (3) (g) Rules. The commission may promulgate rules implementing the requirements under pars. (c) to (f).

AB804,34 Section 34. 182.0175 (4) of the statutes is amended to read:

AB804,20,3 182.0175 (4) Right of action. This Except as provided in sub. (3) (d) 1. and (f), this section shall not affect any right of action or penalty which this state or any person may have.

AB804,35 Section 35. 182.0175 (5) of the statutes is amended to read:

AB804,20,14 182.0175 (5) Right to injunction. If any person engages in or is likely to engage in excavation inconsistent with this section and which results or is likely to result in damage to transmission facilities, the person who owns or operates the facilities may seek injunctive relief in the circuit court for the county in which the transmission facilities are located. If the transmission facilities are owned or operated by a public utility as defined in s. 196.01 (5), including a telecommunications carrier, as defined in s. 196.01 (8m), and the public utility does not seek injunctive relief, the attorney general, upon request of the public service commission, shall seek injunctive relief in the circuit court for the county in which the transmission facilities are located.

AB804,36 Section 36. 196.372 of the statutes is repealed.

AB804,37 Section 37. 196.374 (3) (b) 2. of the statutes is amended to read:

AB804,20,22 196.374 (3) (b) 2. The commission shall require each energy utility to spend 1.2 percent of its annual operating revenues derived from retail sales to fund the utility's programs under sub. (2) (b) 1., the utility's ordered programs, the utility's share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility's share, as determined by the commission under subd. 4., of the costs incurred by the commission in administering this section.

AB804,38 Section 38. 196.52 (3) (d) 2. of the statutes is amended to read:

AB804,21,5 196.52 (3) (d) 2. If a hearing is not held on an application under this subsection, the commission shall take final action on the application within 90 days after the commission issues a notice opening a docket on the application. The chairperson of the commission may extend the time period for an additional 90 days for good cause. If the commission fails to take final action within the initial 90-day period, or the extended 90-day time period, the commission is considered to have approved the application.

AB804,39 Section 39. 196.85 (1m) (e) of the statutes is created to read:

AB804,21,11 196.85 (1m) (e) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 182.0175 (3), the term "public utility" includes a person with whom the commission executes a consent agreement under s. 182.0175 (3) (c) 4. or against whom the commission issues an order under s. 182.0175 (3) (c) 6.

AB804,40 Section 40. 196.85 (1m) (f) of the statutes is created to read:

AB804,21,15 196.85 (1m) (f) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in proceedings under s. 32.02 (13), the term "public utility" includes a business entity specified in s. 32.02 (13).

AB804,41 Section 41. 196.975 of the statutes is repealed.

AB804,42 Section 42. 200.59 (5) (d) of the statutes is amended to read:

AB804,21,22 200.59 (5) (d) Notwithstanding the statutes referenced in par. (a) governing a proceeding under par. (a), s. 66.0821 (5) (e) applies to the public service commission shall allocate commission's allocation of its assessment under s. 196.85 (1) for any expense of the public service commission for a proceeding under par. (a) that is initiated under s. 281.49 (11) (d) as specified in s. 66.0821 (5) (e).

AB804,43 Section 43. 285.41 (3) of the statutes is repealed.

AB804,44 Section 44. 285.41 (4) (a) of the statutes is amended to read:

AB804,22,7 285.41 (4) (a) Request; variance conditions. A major utility may request a variance from the emission rate under sub. (2) (a) by submitting the request to the commission and the department. No request for a variance may be submitted if the department has served the major utility with written notice under s. 285.83 that the major utility has violated sub. (2) (a). Upon receipt of a request, the commission department shall, within 45 days, determine if any of the following variance conditions exists and shall report its determination to the department:

AB804,45 Section 45. 285.41 (4) (a) 4. of the statutes is amended to read:

AB804,22,10 285.41 (4) (a) 4. The occurrence of an uncontrollable event not anticipated in the plan submitted under sub. (3).

AB804,46 Section 46. 285.41 (4) (c) of the statutes is amended to read:

AB804,22,14 285.41 (4) (c) Grant of variance. The department shall grant a request for a variance if the commission department determines that a variance condition exists and the department determines that the major utility's compliance plan is adequate.

AB804,47 Section 47. 285.41 (4) (d) of the statutes is amended to read:

AB804,22,19 285.41 (4) (d) Denial of variance. The department shall deny a request for a variance if the commission department determines that no variance condition exists or if the department determines that the major utility's compliance plan is not adequate.