SB1104: Bill Text

SB1104,35,25 (3) (a) In this subsection, “owner” means a person who owns a fee simple or life estate interest in land or who is a land contract vendee.

SB1104,36,5 (b) At least 30 days before first using an easement for a purpose under sub. (2) (a), an electric provider shall make a reasonable attempt to mail a notice to the owner of the property subject to the easement, as determined from records of the office of the register of deeds of the county in which the property subject to the easement is located, by mailing a notice to at least one of the following:

SB1104,36,7 1. The last-known address for the owner of the property subject to the easement.

SB1104,36,9 2. The address listed with the county real property lister for the owner of the property subject to the easement.

SB1104,36,12 3. The registered agent office or principal office listed in the records of the department of financial institutions for the owner of the property subject to the easement.

SB1104,36,15 (c) If an electric provider is unable to identify an address to mail a notice under par. (b), the electric provider shall publish a class 1 notice under ch. 985 at least 30 days before first using an easement for a purpose under sub. (2) (a).

SB1104,36,17 (d) An electric provider shall include all of the following in a notice under par. (b) or (c):

SB1104,36,20 1. An identification of the property subject to the easement, which may be made by reference to the property address, by reference to the tax parcel number of the property, by map, or by legal description.

SB1104,36,22 2. A statement that the electric provider intends to install broadband infrastructure or use existing infrastructure to make broadband service available.

SB1104,36,24 3. An estimate of when the electric provider intends to install or begin using infrastructure under subd. 2.

SB1104,36,25 4. A reference to this section.

SB1104,37,3 5. A statement explaining that the electric provider may record a memorandum stating that the electric provider may use the easement for a purpose under sub. (2) (a).

SB1104,37,6 6. A notice that the owner of the property subject to the easement may not bring an action against the electric provider for using an easement for a purpose under sub. (2) (a) after one year after the date of receiving the notice.

SB1104,37,10 (4) Beginning 30 days after providing notice under sub. (3), an electric provider may record a memorandum in the office of the register of deeds for a county in which property subject to an easement used for a purpose under sub. (2) (a) is located. The electric provider shall include all of the following in the memorandum:

SB1104,37,11 (a) One of the following:

SB1104,37,12 1. If the easement is recorded, recording information for the easement.

SB1104,37,14 2. If the easement is unrecorded or a prescriptive easement under s. 893.28 (2), the legal description of the parcel subject to the easement.

SB1104,37,15 (b) A reference to this section.

SB1104,37,17 (c) A statement that the electric provider may use the easement for a purpose under sub. (2) (a).

SB1104,37,20 (d) A statement that terms or conditions of the easement that inhibit the electric provider from using the easement for a purpose under sub. (2) (a) do not apply.

SB1104,37,23 (5) (a) In this subsection, “owner” means an owner of or other person holding an interest in real property subject to an easement used for a purpose under sub. (2) (a).

SB1104,38,4 (b) 1. If an owner provides an electric provider, a subsidiary of an electric provider, or a supplier of broadband services with an appraisal performed by an appraiser licensed under ch. 458 comparing the fair market value of the owner's real property interest immediately before and after an easement on the property is used for a purpose under sub. (2) (a), the electric provider, subsidiary, or supplier of broadband services shall do one of the following within 30 days:

SB1104,38,6 a. Pay the owner the amount of damages identified in the appraisal provided by the owner.

SB1104,38,14 b. Notify the owner that it disputes the appraisal. If an electric provider, subsidiary, or supplier of broadband services disputes the appraisal provided by the owner under this subd. 1. b., the electric provider, subsidiary, or supplier of broadband services shall within 90 days provide the owner with an appraisal performed by an appraiser licensed under ch. 458 comparing the fair market value of the owner's real property interest immediately before and after an easement on the property is used for a purpose under sub. (2) (a). The owner shall make reasonable accommodations for performance of the appraisal under this subd. 1. b.

SB1104,38,21 2. If an owner who receives an appraisal under subd. 1. b. from an electric provider, subsidiary, or supplier of broadband services provides to the electric provider, subsidiary, or supplier of broadband services written notice accepting the appraisal or does not bring an action under par. (d) within 30 days of receiving the appraisal, the electric provider, subsidiary, or supplier of broadband services shall promptly remit payment to the owner for the difference in the fair market value of the owner's real property interest identified in the appraisal.

SB1104,38,25 (c) An owner may not bring an action against an electric provider, a subsidiary of an electric provider, or a supplier of broadband services for damages from a decrease in the value of the owner's interest in real property due to the use of an easement for a purpose under sub. (2) (a) except as provided under this subsection.

SB1104,39,5 (d) An owner may bring an action under this subsection against an electric provider, a subsidiary of an electric provider, or a supplier of broadband services for damages from a decrease in the value of the owner's interest in real property due to the use of an easement for a purpose under sub. (2) (a) only if all of the following apply:

SB1104,39,10 1. The owner provides an appraisal under par. (b) 1. to the electric provider, subsidiary, or supplier of broadband services within one year after the date that the owner receives notice under sub. (3) or, if the owner receives no notice under sub. (3), within one year after the date that a memorandum referring to an easement that applies to the property is recorded under sub. (4).

SB1104,39,13 2. The owner brings the action within 30 days after receiving an appraisal from the electric provider, subsidiary, or supplier of broadband services under par. (b) 1. b.

SB1104,39,21 (e) The maximum recovery under this subsection may not exceed the difference between the fair market value of the owner's real property interest immediately before an easement on the property is used for a purpose under sub. (2) (a) and the fair market value of the owner's real property interest immediately after an easement on the property is used for a purpose under sub. (2) (a). Evidence of revenues, profits, or fees received by an electric provider, a subsidiary of an electric provider, or a supplier of broadband services shall not be admissible as evidence in any proceeding or action under this subsection.

SB1104,69 Section 69. 196.218 (5) (a) 10. of the statutes is amended to read:

SB1104,39,24 196.218 (5) (a) 10. To make broadband expansion grants and administer the program under s. 196.504 (2).

SB1104,70 Section 70. 196.504 (1) (ac) 4. of the statutes is created to read:

SB1104,40,2 196.504 (1) (ac) 4. A political subdivision that is underserved or that is located in an unserved area.

SB1104,71 Section 71. 196.504 (2) (a) of the statutes, as affected by 2021 Wisconsin Act 58, is amended to read:

SB1104,40,9 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d). Grants awarded under this section subsection shall be paid from the appropriations under ss. 20.155 (3) (a), (r), and (rm) and 20.866 (2) (z), in the amount allocated under s. 20.866 (2) (z) 5.

SB1104,72 Section 72. 196.504 (2) (b) of the statutes is amended to read:

SB1104,40,15 196.504 (2) (b) To prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section subsection. The application shall require the applicant to identify the area of the state that will be affected by the proposed project and explain how the proposed project will increase broadband access.

SB1104,73 Section 73. 196.504 (2) (c) of the statutes is amended to read:

SB1104,41,8 196.504 (2) (c) To establish criteria for evaluating applications and awarding grants under this section subsection. The criteria shall prohibit grants that have the effect of subsidizing the expenses of a provider of telecommunications service, as defined in s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria shall give priority to projects that include matching funds, that involve public-private partnerships, that affect unserved areas, that are scalable, that promote economic development, that will not result in delaying the provision of broadband service to areas neighboring areas to be served by the proposed project, or that affect a large geographic area or a large number of underserved individuals or communities. When evaluating grant applications under this section subsection, the commission shall consider the degree to which the proposed projects would duplicate existing broadband infrastructure, information about the presence of which is provided to the commission by the applicant or another person within a time period designated by the commission; the impacts of the proposed projects on the ability of individuals to access health care services from home and the cost of those services; and the impacts of the proposed projects on the ability of students to access educational opportunities from home.

SB1104,74 Section 74. 196.504 (2g) of the statutes is created to read:

SB1104,41,11 196.504 (2g) The commission shall administer the broadband connector program and shall have the following powers:

SB1104,41,19 (a) To make broadband planning grants to political subdivisions, school districts, tribal governments, regional planning commissions, nonprofit organizations, and local economic development organizations for broadband planning, feasibility engineering related to broadband infrastructure construction, broadband adoption planning, and digital inclusion activities. The amount of a broadband planning grant under this paragraph may not exceed $50,000. Grants awarded under this paragraph shall be paid from the appropriation under s. 20.155 (1) (a).

SB1104,41,21 (b) To provide training, technical assistance, and information on broadband infrastructure construction, broadband adoption, and digital inclusion.

SB1104,75 Section 75. 196.504 (2r) of the statutes is created to read:

SB1104,41,24 196.504 (2r) The commission shall administer the broadband line extension assistance program and shall have the following powers:

SB1104,42,6 (a) To make financial assistance grants to residents of properties that are not served by a broadband service provider to assist in paying the customer costs associated with line extension necessary to connect broadband service to the properties. The amount of a financial assistance grant under this paragraph may not exceed $4,000. Grants awarded under this paragraph shall be paid from the appropriation under s. 20.155 (1) (a).

SB1104,42,9 (b) To establish criteria for evaluating applications and awarding financial assistance grants under par. (a). The criteria shall give priority to properties that serve as a primary residence.

SB1104,76 Section 76 . 227.01 (13) (yn) of the statutes is created to read:

SB1104,42,12 227.01 (13) (yn) Establishes community service requirements, forms, and guidelines under ss. 36.27 (3t) (f) and (h) and 38.24 (6m) (e) and (g).

SB1104,77 Section 77. Nonstatutory provisions.

SB1104,42,14 (1) Electric provider use of easements for broadband; prior causes of action.

SB1104,42,15 (a) Definitions. In this subsection:

SB1104,42,16 1. “Electric provider” has the meaning given in s. 182.0172 (1) (b).

SB1104,42,17 2. “Owner” has the meaning given in s. 182.0172 (5) (a).

SB1104,42,22 (b) Time limit for prior causes of action. No owner may bring an action against an electric provider, a subsidiary of an electric provider, or a supplier of broadband services for using an easement held by the electric provider for any of the following before the effective date of this paragraph unless the owner brings the action no later than one year after the effective date of this paragraph:

SB1104,42,25 1. Installing or maintaining broadband infrastructure to provide broadband services or allowing a supplier of broadband services to install or maintain broadband infrastructure to provide broadband services.

SB1104,43,2 2. Leasing or providing to a supplier of broadband services any capacity in the electric provider's broadband infrastructure.

SB1104,78 Section 78. Fiscal changes.

SB1104,43,7 (1) General school aid. In the schedule under s. 20.005 (3) for the appropriation to the department of public instruction under s. 20.255 (2) (ac), the dollar amount for fiscal year 2022-23 is increased by $1,090,000,000 for the purpose for which the appropriation is made.

SB1104,79 Section 79. Initial applicability.

SB1104,43,11 (1) Subscribers terminating broadband contracts. The treatment of s. 100.2092 (1) (L) first applies to a contract that is entered into, renewed, or modified on the effective date of this subsection.

SB1104,43,14 (2) Terminating broadband contract and refund. The treatment of s. 100.2093 (3) first applies to a contract that is entered into, renewed, or modified on the effective date of this subsection.

SB1104,43,19 (3) State aid. The treatment of ss. 20.255 (2) (ac), 121.004 (7) (c) 1. a. and 2., 121.07 (6) (d), and 121.105 (1), (2) (am) 1. and 2. (intro.), and (5), the renumbering and amendment of s. 121.07 (8), and the creation of s. 121.07 (8) (a) and (b) first apply to the distribution of school aid in, and the calculation of revenue limits for, the 2022-23 school year.

SB1104,43,20 (End)