AB532: Bill Text

AB532,9,25 182.0175 (1) (ac) “Complainant” means a person who files a complaint under sub. (3) (bg) 1. or 2.

AB532,8 Section 8. 182.0175 (1) (ag) of the statutes is created to read:

AB532,10,3 182.0175 (1) (ag) “Damage prevention fund" means the fund established under sub. (1m) (d) 11.

AB532,9 Section 9 . 182.0175 (1) (bq) of the statutes is created to read:

AB532,10,6 182.0175 (1) (bq) “One-call system" means the system established under sub. (1m) (a).

AB532,10 Section 10 . 182.0175 (1) (br) of the statutes is created to read:

AB532,10,8 182.0175 (1) (br) “Panel" means the panel appointed under sub. (1m) (d) 8.

AB532,11 Section 11 . 182.0175 (1) (bt) of the statutes is renumbered 182.0175 (1) (bo).

AB532,12 Section 12 . 182.0175 (1) (bv) of the statutes is renumbered 182.0175 (1) (bx).

AB532,13 Section 13 . 182.0175 (1) (bw) of the statutes is created to read:

AB532,10,12 182.0175 (1) (bw) “Political subdivision” means a city, village, town, or county.

AB532,14 Section 14 . 182.0175 (1) (by) of the statutes is created to read:

AB532,10,16 182.0175 (1) (by) “Respondent” means a person or a person's agent who is alleged in a complaint filed under sub. (3) (bg) 1. or 2. to have violated or aided in the violation of this section.

AB532,15 Section 15 . 182.0175 (1) (bz) of the statutes is created to read:

AB532,10,18 182.0175 (1) (bz) “State agency” has the meaning given in s. 16.004 (12) (a).

AB532,16 Section 16 . 182.0175 (1m) (d) 8. to 12. of the statutes are created to read:

AB532,10,21 182.0175 (1m) (d) 8. Appoint a panel consisting of the following 7 members to carry out the duties specified in sub. (3) (bg) and (br):

AB532,10,22 a. Two transmission facility owners.

AB532,10,23 b. Two excavators.

AB532,10,24 c. One employee of the operational center established under par. (a).

AB532,10,25 d. One member who represents the interests of a political subdivision.

AB532,11,1 e. One person employed as an underground line locator.

AB532,11,3 9. Establish policies, procedures, and forms as necessary to implement the requirements under sub. (3) (bg) and (br).

AB532,11,5 10. Provide for the production and administration of the educational course under sub. (3) (br) 4.

AB532,11,7 11. Establish and maintain a damage prevention fund consisting of fees under sub. (3) (br) 4. and (c) 5. and surcharges under sub. (3) (d) 2.

AB532,11,11 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) (br) 4. or providing for public outreach and underground utility damage prevention awareness programs.

AB532,17 Section 17 . 182.0175 (2) (am) (title) of the statutes is amended to read:

AB532,11,13 182.0175 (2) (am) (title) Excavation notice and other duties.

AB532,18 Section 18 . 182.0175 (2) (am) 3. of the statutes is renumbered 182.0175 (2) (as) 1. and amended to read:

AB532,11,21 182.0175 (2) (as) 1. Maintain An excavator shall maintain an estimated minimum clearance of 18 inches between a marking for an unexposed underground transmission facility that is marked under sub. (2m) and the cutting edge or point of any power-operated excavating or earth moving earthmoving equipment, except as is necessary at the beginning of the excavation process to penetrate and remove the surface layer of pavement.

AB532,11,25 2. When the an underground transmission facility becomes exposed or if the a transmission facility is already exposed, the excavator may reduce the clearance to 2 times the known limit of control of the cutting edge or point of the equipment or 12 inches, whichever is greater.

AB532,19 Section 19. 182.0175 (2) (am) 7. of the statutes is amended to read:

AB532,12,6 182.0175 (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.

AB532,20 Section 20 . 182.0175 (2) (as) (title) of the statutes is created to read:

AB532,12,8 182.0175 (2) (as) (title) Minimum clearance.

AB532,21 Section 21 . 182.0175 (2) (as) 3. of the statutes is created to read:

AB532,12,16 182.0175 (2) (as) 3. For parallel-type excavations within 18 inches of an underground transmission facility marked under sub. (2m), an excavator shall comply with generally accepted excavation practices, including the requirements under subd. 1., and shall visually identify the underground transmission facility by digging test holes at intervals not to exceed 50 feet along the line of excavation to avoid damages. An excavator shall exercise due care at all times to protect underground transmission facilities when exposing those facilities.

AB532,22 Section 22 . 182.0175 (2) (bm) (title) of the statutes is amended to read:

AB532,12,18 182.0175 (2) (bm) (title) Notice contents.

AB532,23 Section 23 . 182.0175 (2m) (b) (intro.) of the statutes is amended to read:

AB532,13,12 182.0175 (2m) (b) Facilities marking. (intro.) A person owning transmission facilities, upon receipt of an excavation notice, shall mark in a reasonable manner the locations of transmission facilities at the area described in the notice to enable the excavator to locate the transmission facilities without endangering the security of the facilities or the public. For purposes of this paragraph, transmission facilities are marked in a reasonable manner if the owner of the transmission facilities locates and marks the transmission facilities to a level of accuracy and precision consistent with national standards. Except as provided in par. (bm), if the person is a local governmental unit and if the excavation notice relates to sewer or water facilities owned by the local governmental unit, the local governmental unit shall also mark the locations within the public right-of-way of all laterals connected to the sewer or water facilities at the area described in the notice. The marking of facilities shall be completed within 3 working days after receipt of the notice, or if notice is given more than 10 days before excavation is scheduled to begin, marking shall be completed at least 3 working days before excavation is scheduled to begin. If the approximate location of a transmission facility is marked with paint, flags, stakes or other physical means, the following color coding of lines, cables or conduits shall comply with the uniform color code adopted by the American National Standards Institute:

AB532,24 Section 24 . 182.0175 (3) (title) of the statutes is repealed and recreated to read:

AB532,13,15 182.0175 (3) (title) Enforcement.

AB532,25 Section 25 . 182.0175 (3) (a) (title) of the statutes is renumbered 182.0175 (3) (d) (title) and amended to read:

AB532,13,18 182.0175 (3) (d) (title) Forfeitures ; surcharges.

AB532,26 Section 26 . 182.0175 (3) (a) of the statutes is renumbered 182.0175 (3) (d) 1. and amended to read:

AB532,14,3 182.0175 (3) (d) 1. Any In a consent agreement under par. (c) 2. or order issued under par. (c) 4., the commission may directly assess a forfeiture against a person who willfully and knowingly violates or aids in a violation of this section may be required to forfeit $2,000 of no more than $25,000 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 violating or aiding in a violation of this section.

AB532,27 Section 27 . 182.0175 (3) (b) of the statutes is renumbered 182.0175 (3) (h).

AB532,28 Section 28 . 182.0175 (3) (bg), (br) and (c) of the statutes are created to read:

AB532,14,8 182.0175 (3) (bg) Complaints. 1. Except as provided in subd. 4., any of the following may file a written complaint with the panel that a person other than a state agency has violated or aided in the violation of this section:

AB532,14,9 a. The one-call system.

AB532,14,12 b. The department of transportation or a political subdivision, if property under the jurisdiction of the department or political subdivision is affected by an alleged violation of this section.

AB532,14,14 c. A transmission facility owner, excavator, or underground line locator whose property or activities are affected by an alleged violation of this section.

AB532,14,19 2. Except as provide in subd. 4., a person specified in subd. 1. a. to c. may file a written complaint with the commission that a state agency has violated or aided in the violation of this section. If the complaint also involves a respondent that is not a state agency, the commission may consider and determine the complaint against each respondent separately and at such times as the commission prescribes.

AB532,14,20 3. A written complaint under subd. 1. or 2. shall include all of the following

AB532,14,24 a. A short plain statement of the complaint that identifies the transaction or occurrence or series of transactions or occurrences for which the complaint arises and that shows that the person or state agency has violated or aided in the violation of this section.

AB532,15,2 b. A statement of the provisions of statutes, rules, or commission orders that the person or state agency is alleged to have violated or aided in violation.

AB532,15,3 c. Copies of all records and papers on which the complaint is founded.

AB532,15,7 4. No person may file a complaint under subd. 1. or 2. more than 120 days after the person discovers an alleged violation of this section, except that the panel or commission may for good cause shown allow filing no later than one year after the discovery of the alleged violation.

AB532,15,9 5. No complaint filed under subd. 1. or 2. may be dismissed solely because of the absence of direct damage to the complainant.

AB532,15,19 (br) Panel duties. 1. Upon receipt of a complaint filed under par. (bg) 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. 4. Upon request of the respondent, the panel may extend the period for filing the response. The panel may consolidate complaints where appropriate. In the response, the respondent shall admit or deny the violation or aiding in a violation that is 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.

AB532,16,2 2. Within the period specified in subd. 3., the panel shall determine by majority vote whether there is probable cause to believe that the respondent has violated or aided in the violation of 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. 4., if the panel determines there is probable cause to believe that a respondent violated or aided in the violation of this section, the panel shall refer the complaint to the commission and include the complaint and the response of the respondent.

AB532,16,4 3. The panel shall make a determination regarding probable cause under subd. 2. within one of the following periods:

AB532,16,6 a. If a respondent files a response within the period specified or extended under subd. 1., within 20 days after the respondent files the response.

AB532,16,9 b. If a respondent fails to file a response within the period specified in subd. 1. and the panel has not extended the period under subd. 1., within 40 days after the panel's service of the notice under subd. 1.

AB532,16,12 c. If the panel has extended the period under subd. 1. and the respondent fails to file a response within the extended period, within 20 days after expiration of the extended period.

AB532,16,20 4. If the panel determines there is probable cause to believe that a respondent violated or aided in the violation of this section, the panel may allow the respondent to attend an educational course in lieu of providing notice of probable violation to the commission under subd. 2. 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.

AB532,17,5 (c) Commission duties. 1. Upon the filing of a complaint under par. (bg) 2. or receipt of a referral under par. (br) 2., the commission may, with or without notice, investigate the complaint as it considers necessary to determine if sufficient cause exists to warrant a hearing on the complaint. If the commission determines that sufficient cause exists to warrant a hearing on the complaint, the commission shall set the matter for a public hearing upon 10 days' notice and treat the complaint as a contested case. If the commission determines that sufficient cause does not exist to warrant a hearing on the complaint, and within 30 days of that determination the complainant or respondent disputes that determination, the commission shall treat the complaint as a contested case.

AB532,17,9 2. At any time before the commission issues an order under subd. 4., 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.

AB532,17,13 3. A consent agreement under subd. 2. may assess against the respondent a forfeiture under par. (d) 1., require the respondent to attend the educational course under par. (br) 4., or do both. Each consent agreement under subd. 2. shall include all of the following:

AB532,17,14 a. An admission by the respondent of all jurisdictional facts.

AB532,17,17 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.

AB532,17,19 c. A statement of the actions required of the respondent and the time by which the actions shall be completed.

AB532,18,2 4. If a complaint is treated as a contested case under subd. 1. and not dismissed under a consent agreement under subd. 2., the commission shall determine whether probable cause exists to believe the respondent has violated or aided in the violation of this section. If the commission determines that probable cause exists to believe the respondent has violated or aided in the violation of this section, the commission may issue an order that assesses a forfeiture under par. (d) 1., requires the respondent to attend the educational course under par. (br) 4., or does both. The commission may not issue an order under this subdivision without a hearing.

AB532,18,7 5. If a consent agreement under subd. 2. or order under subd. 4. requires a respondent to attend the educational course under par. (br) 4., the consent agreement or order 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.

AB532,29 Section 29 . 182.0175 (3) (d) 2. of the statutes is created to read:

AB532,18,13 182.0175 (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.

AB532,30 Section 30 . 182.0175 (3) (e) of the statutes is created to read:

AB532,18,18 182.0175 (3) (e) Presumption of validity. Any order or determination of the commission under this section is presumed valid. The burden is upon the person claiming the order or determination to be invalid to plead and prove the facts establishing the invalidity.

AB532,31 Section 31 . 182.0175 (3) (f) of the statutes is created to read:

AB532,18,22 182.0175 (3) (f) Judicial review. Judicial review of an order of the commission under par. (c) 4. may be had by any person aggrieved in the manner prescribed in ch. 227.

AB532,32 Section 32 . 182.0175 (3) (g) of the statutes is created to read:

AB532,18,25 182.0175 (3) (g) Rules. The commission may promulgate rules implementing the requirements under pars. (c) to (e).

AB532,33 Section 33. 182.0175 (4) of the statutes is amended to read:

AB532,19,4 182.0175 (4) Right of action. This Except as provided in sub. (3) (d) 1. and (e), this section shall not affect any right of action or penalty which this state or any person may have.

AB532,34 Section 34 . 182.0175 (5) of the statutes is amended to read:

AB532,19,15 182.0175 (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.

AB532,35 Section 35. 196.025 (4) of the statutes is repealed.

AB532,36 Section 36. 196.025 (5) of the statutes is repealed.