AB 804

This bill makes changes to certain Department of Natural Resources (DNR)

procedures used on applications for permits related to certain utility facilities. The

bill also makes changes to the enforcement of digger's hotline requirements,

including allowing the Public Service Commission (PSC) to directly assess

forfeitures. The bill also eliminates the PSC's role regarding sulfur dioxide

compliance plans, and makes changes regarding the PSC's assessment authority,

funding for Focus on Energy programs, public utility contracts with affiliated

interests, telecommunications local access and transport area boundaries, and

railroad telecommunications.

DNR permits

This bill allows for an extended deadline for DNR action on an application for

a permit relating to the construction of a high-voltage transmission line. Currently,

a utility that wishes to construct a high-voltage transmission line must submit a

single application to DNR requesting all of the DNR permits that the utility is

required to obtain for the project. DNR must grant or deny the application within

30 days of the date on which the PSC issues a decision on the project. Under this bill,

upon agreement between DNR and the utility, DNR must grant or deny the

application within 45 days after DNR has received all of the information necessary

for it to make that decision regardless of whether the PSC has issued its decision.

This bill prohibits DNR from requiring the relocation of a utility facility as a

condition of a general permit to conduct an activity in navigable waters or as part of

a modification granted for an individual permit if the activity sought to be permitted

is necessary in order to maintain or repair the facility. General permits apply

statewide and authorize certain activities to be conducted in navigable waters as

long as a person notifies DNR of the proposed activity and DNR does not, within 30

days, request additional information or notify the person that an individual permit

will be required.

Digger's hotline enforcement

Current law generally requires owners of transmission facilities, which include

pipes, pipelines, wires, cables, ducts, and associated facilities, to establish or

designate a nonprofit organization to operate a statewide communication system for

receiving excavation notices and transmitting information to transmission facility

owners affected by the notices. Current law requires excavators to provide advance

notice to the system and comply with other requirements regarding excavations.

Transmission facility owners must take certain actions in response to the notices,

including marking their facilities. The statewide communication system is called the

"one-call system," and current law generally requires transmission facility owners

to be members of the system and pay membership fees. The notice and other

requirements are commonly referred to as digger's hotline requirements. Current

law exempts from the requirements transmission facilities on private property that