SB 475

This bill creates procedures for handling complaints about violations of

requirements under current law regarding excavations, which are commonly

referred to as “digger's hotline” requirements. The bill also makes other changes to

those requirements. In addition, the bill imposes duties on the Public Service

Commission regarding state energy policy and makes various other changes to the

PSC's regulation of public utilities. Also, the bill creates settlement requirements

in PSC dockets. Finally, the bill affects the treatment of certain utility facilities

under county construction site erosion control and storm water management zoning

ordinances.

digger's hotline requirements

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. 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. Current law exempts from the requirements

transmission facilities on private property that do not cross public rights-of-way.

Current law allows a court to require a person who willfully and knowingly violates

the digger's hotline requirements to pay a forfeiture of $2,000 for each violation.

The bill creates procedures for handling complaints regarding violations of

digger's hotline requirements. The bill allows the one-call system to file a complaint,

as well as a city, village, town, or county (political subdivision) or the Department of

Transportation, but only if the political subdivision or DOT has property affected by

an alleged violation. In addition, a transmission facility owner, excavator, or

underground line locator may file a complaint if its property or activities are affected

by an alleged violation. If a complaint alleges that a person who is not a state agency

has violated or aided in a violation, the complaint must be filed with a panel

appointed by the one-call system. The panel has the following seven members: two

transmission facility owners; two excavators; one employee of the one-call system's

operational center; one member representing a political subdivision; and one person

employed as an underground line locator. If the complaint alleges that a state agency

has violated or aided in a violation, the complaint must be filed with the PSC.

A person who is allowed to file a complaint with the panel or the PSC must do

so no later than 120 days after the person discovers an alleged violation. However,

the bill allows the panel and the PSC for good cause to extend the filing deadline to

no more than one year after the discovery. Neither the panel nor the PSC may