SB654: Bill Text

SB654,9,13 30.208 (3) (e) Within 20 days after the period for public comment under sub. (4) (b) has ended or, if no public hearing is held, within 30 days of the 30-day comment period under sub. (4) (a), the department shall render a decision issuing, denying, or modifying the permit or approving or disapproving the contract that is the subject of the application submitted under sub. (1). If the application is to modify a permit to allow an activity necessary to maintain or repair a utility facility that is owned or operated by a public utility, as defined in s. 196.01 (5), or a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, water, or power to its members only, the department may not modify the permit to require the relocation of the facility.

SB654,6 Section 6. 66.0821 (5) (a) of the statutes is amended to read:

SB654,9,25 66.0821 (5) (a) If a user of a service complains to the public service commission that rates, rules and practices are unreasonable or unjustly discriminatory, or if a holder of a mortgage or revenue bond or mortgage certificate or other evidence of debt, secured by a mortgage on the sewerage system or any part of the system or pledge of the income of sewerage service charges, complains that rates are inadequate, the public service commission shall investigate the complaint. If there appears to be sufficient cause for the complaint, the commission shall set the matter for a public hearing upon 10 days' notice to the complainant and the town, village or city. After the hearing, if the public service commission determines that the rates, rules or practices complained of are unreasonable or unjustly discriminatory, it shall determine and by order fix reasonable rates, rules and practices and may make any other order respecting the complaint that is just and reasonable, including, in the case of standby charges imposed under sub. (4) (c), an order that a municipality refund to the user any amount of the standby charges that have been collected if the user has filed a complaint with the public service commission not later than 60 days after receiving the original notice of charge or after receiving a notice of charge that relates to an increased standby charge. The proceedings under this paragraph are governed, to the extent applicable, by ss. 196.26 to 196.40. The Except as provided in pars. (e) and (f), the commission shall bill any expense of the commission attributable to a proceeding under this paragraph to the town, village or city under s. 196.85 (1).

SB654,7 Section 7. 66.0821 (5) (e) (intro.) of the statutes is amended to read:

SB654,10,15 66.0821 (5) (e) (intro.) Notwithstanding par. (a), the public service commission shall bill under s. 196.85 (1) any Any expense of the commission attributable to a proceeding under par. (a) that is initiated under s. 281.49 (11) (d) as follows is subject to the following:

SB654,8 Section 8. 66.0821 (5) (e) 2. of the statutes is amended to read:

SB654,10,24 66.0821 (5) (e) 2. If the commission determines in the proceeding that one or more of the septage disposal fees are unreasonable and determines and fixes by order reasonable fees that, when combined with any other applicable septage disposal fees, total an amount that is not at least 15 percent lower than the total amount of septage disposal fees established by the municipal sewage system for the quantity and type of septage specified in s. 281.49 (11) (b), the commission may require the licensed disposer that is a party to the dispute shall to pay the entire amount of the assessment.

SB654,9 Section 9. 66.0821 (5) (e) 3. of the statutes is amended to read:

SB654,11,4 66.0821 (5) (e) 3. If the commission determines in the proceeding that the septage disposal fees are reasonable, the commission may require the licensed disposer that is a party to the dispute shall to pay the entire amount of the assessment.

SB654,10 Section 10. 66.0821 (5) (e) 4. of the statutes is amended to read:

SB654,11,11 66.0821 (5) (e) 4. If the commission terminates the proceeding before making a final determination on the reasonableness of the septage disposal fees, the commission may require the municipal sewage system and the licensed disposer that are parties to the dispute shall to each pay 50 percent of the assessment, unless the municipal sewage system and the licensed disposer agree to or a different allocation of the assessment agreed to by the parties.

SB654,11 Section 11. 66.0821 (5) (f) of the statutes is created to read:

SB654,11,14 66.0821 (5) (f) 1. In this paragraph, "complainant" means a person who makes a complaint under par. (a) that is not initiated under s. 281.49 (11) (d).

SB654,11,16 2. The public service commission may bill a complainant for any expense of the commission attributable to a proceeding under par. (a) as follows:

SB654,11,20 a. If the commission determines in the proceeding that the rates, rules, or practices that are the subject of the complaint are not unreasonable, unjustly discriminatory, or inadequate, the commission may require the complainant to pay all or a portion, as determined by the commission, of the expenses.

SB654,11,24 b. If the commission terminates the proceeding before making a final determination, the commission may require the municipality and complainant to each pay 50 percent of the expenses or a different allocation of the expenses agreed to by the municipality and complainant.

SB654,12,5 3. The public service commission shall mail a complainant a bill for any expense the commission requires the complainant to pay under subd. 2. The bill constitutes demand for payment. Within 30 days after the mailing of the bill, the complainant shall pay to the commission the amount billed. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (1) (g).

SB654,12 Section 12. 182.0175 (1) (ab) of the statutes is created to read:

SB654,12,7 182.0175 (1) (ab) "Commission" means the public service commission.

SB654,13 Section 13. 182.0175 (1) (ac) of the statutes is created to read:

SB654,12,10 182.0175 (1) (ac) "Complainant" means a person who files a complaint under sub. (3) (am) 1.

SB654,14 Section 14. 182.0175 (1) (ad) of the statutes is created to read:

SB654,12,12 182.0175 (1) (ad) "Complaint" means a complaint filed under sub. (3) (am) 1.

SB654,15 Section 15. 182.0175 (1) (ag) of the statutes is created to read:

SB654,12,15 182.0175 (1) (ag) "Damage prevention fund" means the fund established under sub. (1m) (d) 11.

SB654,16 Section 16. 182.0175 (1) (bq) of the statutes is created to read:

SB654,12,18 182.0175 (1) (bq) "One-call system" means the system established under sub. (1m) (a).

SB654,17 Section 17. 182.0175 (1) (br) of the statutes is created to read:

SB654,12,20 182.0175 (1) (br) "Panel" means the panel appointed under sub. (1m) (d) 8.

SB654,18 Section 18. 182.0175 (1) (bt) of the statutes is renumbered 182.0175 (1) (bo).

SB654,19 Section 19. 182.0175 (1) (bx) of the statutes is created to read:

SB654,12,24 182.0175 (1) (bx) "Respondent" means a person who is alleged in a complaint to have violated this section.

SB654,20 Section 20. 182.0175 (1m) (d) 8. to 12. of the statutes are created to read:

SB654,13,2 182.0175 (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).

SB654,13,4 9. Establish policies, procedures, and forms as necessary to implement the requirements under sub. (3) (am).

SB654,13,6 10. Provide for the production and administration of the educational course under sub. (3) (am) 6.

SB654,13,8 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.

SB654,13,12 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.

SB654,21 Section 21. 182.0175 (2) (am) (title) of the statutes is amended to read:

SB654,13,14 182.0175 (2) (am) (title) Excavation notice and other duties.

SB654,22 Section 22. 182.0175 (2) (am) 7. of the statutes is amended to read:

SB654,13,20 182.0175 (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.

SB654,23 Section 23. 182.0175 (2) (bm) (title) of the statutes is amended to read:

SB654,13,22 182.0175 (2) (bm) (title) Notice contents.

SB654,24 Section 24. 182.0175 (3) (title) of the statutes is repealed and recreated to read:

SB654,13,25 182.0175 (3) (title) Enforcement.

SB654,25 Section 25. 182.0175 (3) (a) (title) of the statutes is renumbered 182.0175 (3) (d) (title) and amended to read:

SB654,14,3 182.0175 (3) (d) (title) Forfeitures; surcharges.

SB654,26 Section 26. 182.0175 (3) (a) of the statutes is renumbered 182.0175 (3) (d) 1. and amended to read:

SB654,14,12 182.0175 (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.

SB654,27 Section 27. 182.0175 (3) (am) of the statutes is created to read:

SB654,14,17 182.0175 (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.

SB654,14,21 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.

SB654,15,5 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.

SB654,15,14 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:

SB654,15,16 a. The amount of damage, degree of threat to the public safety, and inconvenience caused by the respondent's alleged violation of this section.

SB654,15,18 b. The respondent's plans and procedures to ensure future compliance with this section.

SB654,15,19 c. Any history of previous violations of this section by the respondent.

SB654,15,20 d. Any other matter as justice requires.

SB654,15,22 5. The panel shall make a determination regarding probable cause under subd. 4. within one of the following periods:

SB654,15,24 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.

SB654,16,3 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.

SB654,16,6 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.

SB654,16,14 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.

SB654,28 Section 28. 182.0175 (3) (b) of the statutes is renumbered 182.0175 (3m) and amended to read:

SB654,16,21 182.0175 (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.

SB654,29 Section 29. 182.0175 (3) (c) of the statutes is created to read:

SB654,17,2 182.0175 (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:

SB654,17,4 a. A statement of the provisions of the statutes, rules, or commission orders that the person or persons are alleged to have violated.

SB654,17,6 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.

SB654,17,7 c. Any forfeiture amount recommended by the panel.

SB654,17,10 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.

SB654,17,13 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:

SB654,17,15 a. Submitting written explanations, a statement of general denial, or other materials contesting the alleged violation.

SB654,17,17 b. Submitting a signed admission that the respondent committed the violation that is the subject of the notice.

SB654,17,22 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.

SB654,18,2 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.

SB654,18,6 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:

SB654,18,7 a. An admission by the respondent of all jurisdictional facts.

SB654,18,10 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.

SB654,18,12 c. A statement of the actions required of the respondent and the time by which the actions shall be completed.

SB654,18,17 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.

SB654,18,22 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.

SB654,30 Section 30. 182.0175 (3) (d) 2. of the statutes is created to read:

SB654,19,3 182.0175 (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.

SB654,31 Section 31. 182.0175 (3) (e) of the statutes is created to read:

SB654,19,15 182.0175 (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.

SB654,32 Section 32. 182.0175 (3) (f) of the statutes is created to read:

SB654,19,20 182.0175 (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.