Proposals on exception to wetlands mitigation for utilities, digger’s hotline complaints to get hearing

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Lawmakers are scheduled to hear testimony on a proposal that would let some public utilities obtain a permit to fill a wetland without having to fulfill mitigation requirements and a proposal  that would establish procedures for filing complaints concerning violations of the state’s excavations laws.

Lawmakers in the Assembly Committee on Energy and Utilities are scheduled to hear both proposals on Tuesday at 1 p.m. in Room 225 Northwest of the state Capitol.

Should the bills get a favorable recommendation from the committee, their next stop would be the full Legislature.

Under current law, a permit is required to discharge dredged or fill material in wetlands unless the particular action in question is exempt from permitting requirements.

Assembly Bill 430, sponsored by state Rep. David Steffen, R-Green Bay, proposes eliminating those mitigation requirements for public utilities if they plan to fill less than 10,000 square feet of wetlands. Steffen is proposing an amendment to include cooperatives that provide utility services.

The committee will also be hearing public testimony on Assembly Bill 532, which would set up a procedure for handling complaints concerning violations of the state’s digger’s hotline law.

Under current law, owners of transmission systems, including pipelines and cables, are required to operate a statewide system, known as a “one-call system,” for receiving notices of excavations from excavators and transmitting information to systems affected by those notices. The owners of those systems are then required to take action on those notices.

The latest proposal would allow private persons, the state’s one-call system, local governments and the state Department of Transportation to file complaints about violations to either the Public Service Commission, which regulates the state’s utilities, or a panel appointed by the one-call system.

The bill would also change the forfeitures that can be assessed for violating the digger’s hot line laws from $2,000 per violation to up to $25,000 per violation. Each day of violation would continue to count as a separate violation.

AB 532, authored by state Rep. Mike Kuglitsch, would also make separate changes to the rules involving settlements in investigations, proceedings and other matters opened by the PSC that do not include rulemaking.

The bill would also change the current law involving construction or maintenance done by a public utility or cooperative. Under current law, county shoreland-zoning ordinances are satisfied if a utility has obtained proper water, sewage and discharge permits.

The bill proposes that if DNR requires no permits and a utility uses best management practices to control stormwater runoff, the construction and maintenance done by the utility would comply with zoning ordinances concerning erosion control and stormwater management. Follow @erikastrebel