AB532,8,2 22(3) (a) Any person, or agent of a person, who produces, imports or sells, coal or
23other forms of fuel, other than electricity, natural gas or wood, who fails to provide
24information requested by the department commission at the time and in the manner
25specified by the department commission shall forfeit an amount not to exceed $1,000.

1Each day the violation of this section continues from the day notice has been received
2constitutes a separate offense.
AB532,8,63 (b) Upon request of the department commission, the attorney general or the
4district attorney of the proper county may aid in any investigation, enforce any
5request of the department commission for information under this section or seek
6forfeitures for violations of this section.
AB532,8,107 (c) Upon request of the department commission, the attorney general or the
8district attorney of the proper county may apply to any court of competent
9jurisdiction for a temporary or permanent injunction restraining any person from
10violating this section.
AB532,8,13 11(4) (a) The department commission or any of its authorized agents may, in
12relation to any matter arising under this section, conduct hearings, administer
13oaths, issue subpoenas and take testimony.
AB532,8,2014 (b) The witnesses subpoenaed by the department commission or its agent and
15officers who serve subpoenas shall be entitled to the fees allowed in courts of record.
16The fees shall be audited and paid by the state in the same manner as other expenses
17of the department commission are audited and paid. No witness subpoenaed at the
18instance of any party other than the department commission is entitled to payment
19of fees by the state, unless the department commission certifies that the testimony
20of the witness was material.
AB532,8,2221 (d) A record of all hearings shall be kept by the department commission. All
22hearings shall be public.
AB532,3 23Section 3. 26.03 (1v) (b) of the statutes is amended to read:
AB532,8,2524 26.03 (1v) (b) An electric cooperative, as defined in s. 196.025 (5) (ag) 101.80
25(1g)
.
AB532,4
1Section 4. 59.693 (11) of the statutes is created to read:
AB532,9,62 59.693 (11) Utility facilities. (a) In this subsection, “facility" means any
3property or equipment of a public utility, as defined in s. 196.01 (5), or a cooperative
4association organized under ch. 185 for the purpose of producing or furnishing heat,
5light, or power to its members only, that is used for the transmission, delivery, or
6furnishing of natural gas, heat, light, or power.
AB532,9,97 (b) The construction and maintenance of a facility is considered to satisfy the
8requirements of this section and any county ordinance enacted under this section if
9any of the following applies:
AB532,9,1110 1. The department has issued all required permits or approvals authorizing the
11construction or maintenance under ch. 30, 31, 281, or 283.
AB532,9,1512 2. No department permit or approval under subd. 1. is required for the
13construction or maintenance and the construction or maintenance is conducted in a
14manner that employs best management practices to infiltrate or otherwise control
15storm water runoff from the facility.
AB532,5 16Section 5. 101.80 (1g) of the statutes is amended to read:
AB532,9,2017 101.80 (1g) “Electric cooperative" has the meaning given in s. 196.025 (5) (ag)
18means a cooperative association organized under ch. 185 for the purpose of
19generating, distributing, or furnishing electric energy at retail or wholesale to its
20members only
.
AB532,6 21Section 6 . 182.0175 (1) (ab) of the statutes is created to read:
AB532,9,2222 182.0175 (1) (ab) “Commission” means the public service commission.
AB532,7 23Section 7 . 182.0175 (1) (ac) of the statutes is created to read:
AB532,9,2524 182.0175 (1) (ac) “Complainant” means a person who files a complaint under
25sub. (3) (bg) 1. or 2.
AB532,8
1Section 8. 182.0175 (1) (ag) of the statutes is created to read:
AB532,10,32 182.0175 (1) (ag) “Damage prevention fund" means the fund established under
3sub. (1m) (d) 11.
AB532,9 4Section 9 . 182.0175 (1) (bq) of the statutes is created to read:
AB532,10,65 182.0175 (1) (bq) “One-call system" means the system established under sub.
6(1m) (a).
AB532,10 7Section 10 . 182.0175 (1) (br) of the statutes is created to read:
AB532,10,88 182.0175 (1) (br) “Panel" means the panel appointed under sub. (1m) (d) 8.
AB532,11 9Section 11 . 182.0175 (1) (bt) of the statutes is renumbered 182.0175 (1) (bo).
AB532,12 10Section 12 . 182.0175 (1) (bv) of the statutes is renumbered 182.0175 (1) (bx).
AB532,13 11Section 13 . 182.0175 (1) (bw) of the statutes is created to read:
AB532,10,1212 182.0175 (1) (bw) “Political subdivision” means a city, village, town, or county.
AB532,14 13Section 14 . 182.0175 (1) (by) of the statutes is created to read:
AB532,10,1614 182.0175 (1) (by) “Respondent” means a person or a person's agent who is
15alleged in a complaint filed under sub. (3) (bg) 1. or 2. to have violated or aided in the
16violation of this section.
AB532,15 17Section 15 . 182.0175 (1) (bz) of the statutes is created to read:
AB532,10,1818 182.0175 (1) (bz) “State agency” has the meaning given in s. 16.004 (12) (a).
AB532,16 19Section 16 . 182.0175 (1m) (d) 8. to 12. of the statutes are created to read:
AB532,10,2120 182.0175 (1m) (d) 8. Appoint a panel consisting of the following 7 members to
21carry out the duties specified in sub. (3) (bg) and (br):
AB532,10,2222 a. Two transmission facility owners.
AB532,10,2323 b. Two excavators.
AB532,10,2424 c. One employee of the operational center established under par. (a).
AB532,10,2525 d. One member who represents the interests of a political subdivision.
AB532,11,1
1e. One person employed as an underground line locator.
AB532,11,32 9. Establish policies, procedures, and forms as necessary to implement the
3requirements under sub. (3) (bg) and (br).
AB532,11,54 10. Provide for the production and administration of the educational course
5under sub. (3) (br) 4.
AB532,11,76 11. Establish and maintain a damage prevention fund consisting of fees under
7sub. (3) (br) 4. and (c) 5. and surcharges under sub. (3) (d) 2.
AB532,11,118 12. Use the damage prevention fund at the one-call system's discretion to pay
9the cost of producing and administering the educational course under sub. (3) (br) 4.
10or providing for public outreach and underground utility damage prevention
11awareness programs.
AB532,17 12Section 17 . 182.0175 (2) (am) (title) of the statutes is amended to read:
AB532,11,1313 182.0175 (2) (am) (title) Excavation notice and other duties.
AB532,18 14Section 18 . 182.0175 (2) (am) 3. of the statutes is renumbered 182.0175 (2) (as)
151. and amended to read:
AB532,11,2116 182.0175 (2) (as) 1. Maintain An excavator shall maintain an estimated
17minimum clearance of 18 inches between a marking for an unexposed underground
18transmission facility that is marked under sub. (2m) and the cutting edge or point
19of any power-operated excavating or earth moving earthmoving equipment, except
20as is necessary at the beginning of the excavation process to penetrate and remove
21the surface layer of pavement.
AB532,11,25 222. When the an underground transmission facility becomes exposed or if the
23a transmission facility is already exposed, the excavator may reduce the clearance
24to 2 times the known limit of control of the cutting edge or point of the equipment or
2512 inches, whichever is greater.
AB532,19
1Section 19. 182.0175 (2) (am) 7. of the statutes is amended to read:
AB532,12,62 182.0175 (2) (am) 7. Immediately notify the owner of a transmission facility if
3an inspection reveals that the transmission facility has been or may have been
4struck, damaged, dislocated, or disrupted and, if flammable, toxic, or corrosive gas
5or liquid has escaped that may endanger life, cause bodily harm, or result in damage
6to property, promptly make a report to the 911 emergency telephone number
.
AB532,20 7Section 20 . 182.0175 (2) (as) (title) of the statutes is created to read:
AB532,12,88 182.0175 (2) (as) (title) Minimum clearance.
AB532,21 9Section 21 . 182.0175 (2) (as) 3. of the statutes is created to read:
AB532,12,1610 182.0175 (2) (as) 3. For parallel-type excavations within 18 inches of an
11underground transmission facility marked under sub. (2m), an excavator shall
12comply with generally accepted excavation practices, including the requirements
13under subd. 1., and shall visually identify the underground transmission facility by
14digging test holes at intervals not to exceed 50 feet along the line of excavation to
15avoid damages. An excavator shall exercise due care at all times to protect
16underground transmission facilities when exposing those facilities.
AB532,22 17Section 22 . 182.0175 (2) (bm) (title) of the statutes is amended to read:
AB532,12,1818 182.0175 (2) (bm) (title) Notice contents.
AB532,23 19Section 23 . 182.0175 (2m) (b) (intro.) of the statutes is amended to read:
AB532,13,1220 182.0175 (2m) (b) Facilities marking. (intro.) A person owning transmission
21facilities, upon receipt of an excavation notice, shall mark in a reasonable manner
22the locations of transmission facilities at the area described in the notice to enable
23the excavator to locate the transmission facilities without endangering the security
24of the facilities or the public. For purposes of this paragraph, transmission facilities
25are marked in a reasonable manner if the owner of the transmission facilities locates

1and marks the transmission facilities to a level of accuracy and precision consistent
2with national standards.
Except as provided in par. (bm), if the person is a local
3governmental unit and if the excavation notice relates to sewer or water facilities
4owned by the local governmental unit, the local governmental unit shall also mark
5the locations within the public right-of-way of all laterals connected to the sewer or
6water facilities at the area described in the notice. The marking of facilities shall be
7completed within 3 working days after receipt of the notice, or if notice is given more
8than 10 days before excavation is scheduled to begin, marking shall be completed at
9least 3 working days before excavation is scheduled to begin. If the approximate
10location of a transmission facility is marked with paint, flags, stakes or other
11physical means, the following color coding of lines, cables or conduits shall comply
12with the uniform color code adopted by the American National Standards Institute:
AB532,24 13Section 24 . 182.0175 (3) (title) of the statutes is repealed and recreated to
14read:
AB532,13,1515 182.0175 (3) (title) Enforcement.
AB532,25 16Section 25 . 182.0175 (3) (a) (title) of the statutes is renumbered 182.0175 (3)
17(d) (title) and amended to read:
AB532,13,1818 182.0175 (3) (d) (title) Forfeitures ; surcharges.
AB532,26 19Section 26 . 182.0175 (3) (a) of the statutes is renumbered 182.0175 (3) (d) 1.
20and amended to read:
AB532,14,321 182.0175 (3) (d) 1. Any In a consent agreement under par. (c) 2. or order issued
22under par. (c) 4., the commission may directly assess a forfeiture against a
person
23who willfully and knowingly violates or aids in a violation of this section may be
24required to forfeit $2,000
of no more than $25,000 for each offense violation. Each
25day of continued violation constitutes a separate offense violation. The commission

1shall remit the forfeitures to the secretary of administration for deposit in the school
2fund. No other forfeiture may be imposed for violating or aiding in a violation of this
3section
.
AB532,27 4Section 27 . 182.0175 (3) (b) of the statutes is renumbered 182.0175 (3) (h).
AB532,28 5Section 28 . 182.0175 (3) (bg), (br) and (c) of the statutes are created to read:
AB532,14,86 182.0175 (3) (bg) Complaints. 1. Except as provided in subd. 4., any of the
7following may file a written complaint with the panel that a person other than a state
8agency has violated or aided in the violation of this section:
AB532,14,99 a. The one-call system.
AB532,14,1210 b. The department of transportation or a political subdivision, if property under
11the jurisdiction of the department or political subdivision is affected by an alleged
12violation of this section.
AB532,14,1413 c. A transmission facility owner, excavator, or underground line locator whose
14property or activities are affected by an alleged violation of this section.
AB532,14,1915 2. Except as provide in subd. 4., a person specified in subd. 1. a. to c. may file
16a written complaint with the commission that a state agency has violated or aided
17in the violation of this section. If the complaint also involves a respondent that is not
18a state agency, the commission may consider and determine the complaint against
19each respondent separately and at such times as the commission prescribes.
AB532,14,2020 3. A written complaint under subd. 1. or 2. shall include all of the following
AB532,14,2421 a. A short plain statement of the complaint that identifies the transaction or
22occurrence or series of transactions or occurrences for which the complaint arises and
23that shows that the person or state agency has violated or aided in the violation of
24this section.
AB532,15,2
1b. A statement of the provisions of statutes, rules, or commission orders that
2the person or state agency is alleged to have violated or aided in violation.
AB532,15,33 c. Copies of all records and papers on which the complaint is founded.
AB532,15,74 4. No person may file a complaint under subd. 1. or 2. more than 120 days after
5the person discovers an alleged violation of this section, except that the panel or
6commission may for good cause shown allow filing no later than one year after the
7discovery of the alleged violation.
AB532,15,98 5. No complaint filed under subd. 1. or 2. may be dismissed solely because of
9the absence of direct damage to the complainant.
AB532,15,1910 (br) Panel duties. 1. Upon receipt of a complaint filed under par. (bg) 1., the
11panel shall provide the respondent, by certified mail, a statement of the complaint
12and a notice requiring the respondent to file a response with the panel within 20 days
13after the date of service of the notice. The notice shall also advise the respondent of
14the amount of the fee required for completion of the educational course under subd.
154. Upon request of the respondent, the panel may extend the period for filing the
16response. The panel may consolidate complaints where appropriate. In the
17response, the respondent shall admit or deny the violation or aiding in a violation
18that is alleged in the complaint or advise the panel that, based on the respondent's
19satisfaction of the complaint, the complainant has agreed to dismiss the complaint.
AB532,16,220 2. Within the period specified in subd. 3., the panel shall determine by majority
21vote whether there is probable cause to believe that the respondent has violated or
22aided in the violation of this section or whether to dismiss the complaint. The panel
23shall dismiss a complaint for lack of probable cause or at the request of the
24complainant. Except as provided in subd. 4., if the panel determines there is
25probable cause to believe that a respondent violated or aided in the violation of this

1section, the panel shall refer the complaint to the commission and include the
2complaint and the response of the respondent.
AB532,16,43 3. The panel shall make a determination regarding probable cause under subd.
42. within one of the following periods:
AB532,16,65 a. If a respondent files a response within the period specified or extended under
6subd. 1., within 20 days after the respondent files the response.
AB532,16,97 b. If a respondent fails to file a response within the period specified in subd. 1.
8and the panel has not extended the period under subd. 1., within 40 days after the
9panel's service of the notice under subd. 1.
AB532,16,1210 c. If the panel has extended the period under subd. 1. and the respondent fails
11to file a response within the extended period, within 20 days after expiration of the
12extended period.
AB532,16,2013 4. If the panel determines there is probable cause to believe that a respondent
14violated or aided in the violation of this section, the panel may allow the respondent
15to attend an educational course in lieu of providing notice of probable violation to the
16commission under subd. 2. The one-call system shall require a respondent who
17agrees to attend the educational course to pay a fee before completion of the course
18for recovering a portion of the cost of producing the educational course and the direct
19cost of administering the educational course for the respondent. The one-call system
20shall deposit any fees collected in the damage prevention fund.
AB532,17,521 (c) Commission duties. 1. Upon the filing of a complaint under par. (bg) 2. or
22receipt of a referral under par. (br) 2., the commission may, with or without notice,
23investigate the complaint as it considers necessary to determine if sufficient cause
24exists to warrant a hearing on the complaint. If the commission determines that
25sufficient cause exists to warrant a hearing on the complaint, the commission shall

1set the matter for a public hearing upon 10 days' notice and treat the complaint as
2a contested case. If the commission determines that sufficient cause does not exist
3to warrant a hearing on the complaint, and within 30 days of that determination the
4complainant or respondent disputes that determination, the commission shall treat
5the complaint as a contested case.
AB532,17,96 2. At any time before the commission issues an order under subd. 4., the
7commission and the respondent may agree to dismiss the complaint by joint
8execution of a consent agreement. A consent agreement shall become effective when
9the commission issues an order approving the consent agreement.
AB532,17,1310 3. A consent agreement under subd. 2. may assess against the respondent a
11forfeiture under par. (d) 1., require the respondent to attend the educational course
12under par. (br) 4., or do both. Each consent agreement under subd. 2. shall include
13all of the following:
AB532,17,1414 a. An admission by the respondent of all jurisdictional facts.
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