March 15, 2010 - Introduced by Senator Plale, cosponsored by Representative
Soletski. Referred to Committee on Commerce, Utilities, Energy, and Rail.
SB615,1,8 1An Act to renumber and amend 66.0825 (3) (h) and 196.491 (4) (c) 1.; to amend
230.025 (3m), 66.0303 (3) (a), 66.0825 (3) (e), 66.0825 (3) (f), 66.0825 (4) (a),
366.0825 (18), 196.491 (4) (c) 2., 196.491 (4) (c) 3., 706.09 (3) (a) and 893.33 (5);
4and to create 196.491 (4) (c) 1g. and 196.491 (4) (c) 1r. a. and b. of the statutes;
5relating to: exemption for interstate natural gas companies from certain
6requirements regarding real estate transactions and court actions, creation
7and powers of municipal electric companies, and exemption from certificate of
8public convenience and necessity for certain electric transmission line projects.
Analysis by the Legislative Reference Bureau
Current law provides that a person who acquires an interest in property for
valuable consideration without notice that there is a prior adverse interest takes the
interest free and clear of the prior interest, if that prior interest is based on any of
a number of situations specified in current law. Current law also provides exceptions
for certain prior interests in real estate, such as real estate owned by a public service
corporation, railroad corporation, electric cooperative, or the United States, the
state, or a political subdivision. This bill creates an additional exception for real
estate owned by a "natural gas company," as defined under a federal law that
provides that "natural gas company" means a person engaged in the following: 1) the

transportation of natural gas in interstate commerce; or 2) the sale in interstate
commerce of natural gas for resale.
Current law also bars a person from commencing an action related to an
interest in real property unless an instrument expressly referring to the existence
of that interest has been recorded in the register of deeds of the county where the real
estate is located within 30 years before the date of commencing the action. In
addition, current law bars all claims to an interest in real property unless, within the
last 30 years, an instrument has been recorded expressly referring to the interest in
the real property. Current law also provides an exception to these provisions if the
record title of the property remains with a railroad corporation, a public service
corporation, a electric cooperative, the state, or a political subdivision of the state.
This bill creates an additional exception if the record title of the property remains
with a natural gas company, which is defined as described above.
Current law also allows any combination of municipalities of this state that
operate electric generation, transmission, or distribution facilities to establish a
municipal electric company for the joint production, transmission, or distribution of
electric power for the benefit of the municipalities. Current law defines
"municipality" for this purpose as a city, village, or town. This bill defines
"municipality" also to include an electric utility, or combined utility, that is owned or
operated by a city, village, or town. In addition, the bill allows any combination of
municipalities of this state and another state to establish a municipal electric
company. Current law also allows a municipal electric company to undertake certain
projects and enter into certain contracts and other agreements with other persons
and public agencies. Current law defines "person" to include business entities
organized under the laws of any state or the United States. This bill defines "person"
to also include business entities organized under the laws of any foreign nation or
subdivision of any foreign nation. Current law defines "public agency" to include
municipal and other governmental entities created under the laws of any state or the
United States, as well as any state or the United States. The bill defines "public
agency" to also include municipal and other governmental entities created under the
laws of any foreign nation or subdivision of any foreign nation, as well as any foreign
nation or subdivision of any foreign nation. The bill also exempts a municipal electric
company from a requirement under current law to obtain the attorney general's
approval prior to contracting with municipalities of other states or with federally
recognized American Indian tribes or bands located in other states.
Finally, current law prohibits, with certain exceptions, a person from
constructing a high-voltage transmission line unless the Public Service Commission
(PSC) has granted the person a certificate of public convenience and necessity
(CPCN) for the line. Current law defines "high-voltage transmission line" as an
electric transmission line exceeding one mile in length that is designed for operation
at a nominal voltage of 100 kilovolts or more. One of the exceptions to the CPCN
requirement is for construction of a high-voltage transmission line that is designed
for operation at a nominal voltage of less than 345 kilovolts. The exception applies
only if all related construction activity takes place entirely within the area of an
existing electric transmission line right-of-way. This bill eliminates the foregoing

requirement, and provides instead that the exception applies only if the centerline
of the high-voltage transmission line is located within 60 feet on either side of the
centerline of an existing electric transmission line that operates at a nominal voltage
of 69 kilovolts or more. In addition, for the exception to apply, the person constructing
the high-voltage transmission line must demonstrate to the PSC that the project will
not have undue adverse environmental impacts. Also, the person must demonstrate
that the high-voltage transmission line requires the acquisition in total of one-half
mile or less of rights-of-way from landowners from whom rights-of-way were not
required to be acquired for the existing electric transmission line.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB615, s. 1 1Section 1. 30.025 (3m) of the statutes is amended to read:
SB615,3,72 30.025 (3m) Environmental assessments for certain projects. The
3department is not required to prepare an environmental impact statement under s.
41.11 (2) (c) for the construction of a project that is specified in s. 196.491 (4) (c) 1. 1r.
5and for which one or more permits are required, but shall prepare an environmental
6assessment regarding the construction if the department's rules require an
7environmental assessment.
SB615, s. 2 8Section 2. 66.0303 (3) (a) of the statutes is amended to read:
SB615,4,59 66.0303 (3) (a) Except as provided in par. (b) and s. 66.0825 (18), an agreement
10made under this section shall, prior to and as a condition precedent to taking effect,
11be submitted to the attorney general who shall determine whether the agreement is
12in proper form and compatible with the laws of this state. The attorney general shall
13approve any agreement submitted under this paragraph unless the attorney general
14finds that it does not meet the conditions set forth in this section and details in
15writing addressed to the concerned municipal governing bodies the specific respects
16in which the proposed agreement fails to meet the requirements of law. Failure to
17disapprove an agreement submitted under this paragraph within 90 days of its

1submission constitutes approval. The attorney general, upon submission of an
2agreement, shall transmit a copy of the agreement to the governor who shall consult
3with any state department or agency affected by the agreement. The governor shall
4forward to the attorney general any comments the governor may have concerning the
5agreement.
SB615, s. 3 6Section 3. 66.0825 (3) (e) of the statutes is amended to read:
SB615,4,87 66.0825 (3) (e) "Municipality" means a city, village , or town, or an electric
8utility, or combined utility, owned or operated by a city, village, or town
.
SB615, s. 4 9Section 4. 66.0825 (3) (f) of the statutes is amended to read:
SB615,4,1410 66.0825 (3) (f) "Person" means a natural person, a public agency, a cooperative,
11an unincorporated cooperative association, or a private corporation, limited liability
12company, association, firm, partnership, or business trust of any nature, organized
13and existing under the laws of any state or of, the United States, or any foreign nation
14or any subdivision of any foreign nation
.
SB615, s. 5 15Section 5. 66.0825 (3) (h) of the statutes is renumbered 66.0825 (3) (h) (intro.)
16and amended to read:
SB615,4,1717 66.0825 (3) (h) (intro.) "Public agency" means any of the following:
SB615,4,21 181. Any municipality or other, municipal corporation, political subdivision,
19governmental unit, or public corporation, created under the laws of this state or of,
20another state or of, the United States, and any or any foreign nation or subdivision
21of any foreign nation.
SB615,4,23 222. Any state or, the United States, and or any foreign nation or subdivision of
23any foreign nation.
SB615,5,2 243. Any person, board, or other body, that is declared by the laws of any state or,
25the United States, or any foreign nation or any subdivision of any foreign nation to

1be a department, agency, or instrumentality of the state or, the United States, or the
2foreign nation or subdivision
.
SB615, s. 6 3Section 6. 66.0825 (4) (a) of the statutes is amended to read:
SB615,5,124 66.0825 (4) (a) Any combination of municipalities of the this state or of this
5state and other states
which operates facilities for the generation, transmission or
6distribution of electric power and energy may, by contract with each other, establish
7a separate governmental entity to be known as a municipal electric company to be
8used by the contracting municipalities to effect joint development of electric energy
9resources or production, distribution and transmission of electric power and energy
10in whole or in part for the benefit of the contracting municipalities. The
11municipalities party to the contract may amend the contract as provided in the
12contract.
SB615, s. 7 13Section 7. 66.0825 (18) of the statutes is amended to read:
SB615,5,2014 66.0825 (18) Other statutes. The powers granted under this section do not
15limit the powers of municipalities to enter into intergovernmental cooperation or
16contracts or to establish separate legal entities under ss. 66.0301 to 66.0311 or any
17other applicable law, or otherwise to carry out their powers under applicable
18statutory provisions, nor do the powers granted under this section limit the powers
19reserved to municipalities by state law. Section 66.0303 (3) does not apply to a
20company's contracts or agreements.
SB615, s. 8 21Section 8. 196.491 (4) (c) 1. of the statutes is renumbered 196.491 (4) (c) 1r.
22(intro.) and amended to read:
SB615,6,523 196.491 (4) (c) 1r. (intro.) A certificate under sub. (3) is not required for a person
24to construct a high-voltage transmission line designed for operation at a nominal
25voltage of less than 345 kilovolts if all related construction activity takes place

1entirely within the area of an existing electric transmission line right-of-way.
the
2centerline of the new high-voltage transmission line is located within 60 feet on
3either side of the centerline of an existing electric transmission line operating at a
4nominal voltage of 69 kilovolts or more and the applicant demonstrates all of the
5following:
SB615, s. 9 6Section 9. 196.491 (4) (c) 1g. of the statutes is created to read:
SB615,6,87 196.491 (4) (c) 1g. In this paragraph, "centerline" means a line drawn through
8the centerline of an electric transmission line along its length.
SB615, s. 10 9Section 10. 196.491 (4) (c) 1r. a. and b. of the statutes are created to read:
SB615,6,1110 196.491 (4) (c) 1r. a. That the project will not have undue adverse
11environmental impacts.
SB615,6,1412 b. That the new high-voltage transmission line requires the acquisition in total
13of one-half mile or less of rights-of-way from landowners from which rights-of-way
14were not required to be acquired for the existing electric transmission line.
SB615, s. 11 15Section 11. 196.491 (4) (c) 2. of the statutes is amended to read:
SB615,6,1916 196.491 (4) (c) 2. The commission is not required to prepare an environmental
17impact statement under under s. 1.11 (2) (c) for construction that is specified in subd.
181. 1r., but shall prepare an environmental assessment regarding the construction if
19an environmental assessment is required under the commission's rules.
SB615, s. 12 20Section 12. 196.491 (4) (c) 3. of the statutes is amended to read:
SB615,6,2321 196.491 (4) (c) 3. If construction or utilization of a high-voltage transmission
22line described in subd. 1. 1r. is precluded or inhibited by a local ordinance, the
23construction and utilization of the line may nevertheless proceed.
SB615, s. 13 24Section 13. 706.09 (3) (a) of the statutes is amended to read:
SB615,7,9
1706.09 (3) (a) Public service corporations, railroads, electric cooperatives,
2trustees,
natural gas companies, governmental units. While owned, occupied or used
3by any public service corporation, any railroad corporation as defined in s. 195.02 (1),
4any water carrier as defined in s. 195.02 (5), any electric cooperative organized and
5operating on a nonprofit basis under ch. 185, any natural gas company, as defined
6in 15 USC 717a (6),
or any trustee or receiver of any such corporation or, electric
7cooperative, or natural gas company, or any mortgagee or trust deed trustee or
8receiver thereof; nor any such interest while held by the United States, the state or
9any political subdivision or municipal corporation thereof; or
SB615, s. 14 10Section 14. 893.33 (5) of the statutes is amended to read:
SB615,8,811 893.33 (5) This section bars all claims to an interest in real property, whether
12rights based on marriage, remainders, reversions and reverter clauses in covenants
13restricting the use of real estate, mortgage liens, old tax deeds, death and income or
14franchise tax liens, rights as heirs or under will, or any claim of any nature, however
15denominated, and whether such claims are asserted by a person sui juris or under
16disability, whether such person is within or without the state, and whether such
17person is natural or corporate, or private or governmental, unless within the 30-year
18period provided by sub. (2) there has been recorded in the office of the register of
19deeds some instrument expressly referring to the existence of the claim, or a notice
20pursuant to this section. This section does not apply to any action commenced or any
21defense or counterclaim asserted, by any person who is in possession of the real
22estate involved as owner at the time the action is commenced. This section does not
23apply to any real estate or interest in real estate while the record title to the real
24estate or interest in real estate remains in a railroad corporation, a public service
25corporation as defined in s. 201.01, an electric cooperative organized and operating

1on a nonprofit basis under ch. 185, a natural gas company, as defined in 15 USC 717a
2(6),
or any trustee or receiver of a railroad corporation, a public service corporation
3or, an electric cooperative, or a natural gas company, or to claims or actions founded
4upon mortgages or trust deeds executed by that cooperative or, corporation, company,
5or trustees or receivers of that cooperative or, corporation, or company. This section
6also does not apply to real estate or an interest in real estate while the record title
7to the real estate or interest in real estate remains in the state or a political
8subdivision or municipal corporation of this state.
SB615, s. 15 9Section 15. Initial applicability.
SB615,8,1210 (1) Claims barred. The treatment of section 893.33 (5) of the statutes first
11applies to an action commenced or defense or counterclaim asserted on the effective
12date of this subsection.
SB615,8,1313 (End)
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