(1) In this section: (a) “Energy provider” means any of the following: 1. A public utility under s. 196.01 (5) (a) that is engaged in any of the following: a. The production, transmission, delivery, or furnishing of heat, power, light, or water. b. The transmission or delivery of natural gas. 2. A transmission company under s. 196.485 (1) (ge). 3. A cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power, or water for its members. 4. A wholesale merchant plant under s. 196.491 (1) (w), except that “wholesale merchant plant” includes an electric generating facility or an improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3. 5. A decommissioned nuclear power plant. 6. A company that operates a gas, oil, petroleum, refined petroleum product, renewable fuel, water, or chemical generation, storage transportation, or delivery system that is not a service station, garage, or other place where gasoline or diesel fuel is sold at retail or offered for sale at retail. (b) “Energy provider property” means property that is part of an electric, natural gas, oil, petroleum, refined petroleum product, renewable fuel, water, or chemical generation, transmission, or distribution system and that is owned, leased, or operated by an energy provider. (2) Whoever intentionally enters an energy provider property without lawful authority and without the consent of the energy provider that owns, leases, or operates the property is guilty of a Class H felony. (3) This section does not apply to any of the following: (a) Any person who is: 1. Monitoring compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements. 2. Engaging in picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute including any controversy concerning any of the following: wages or salaries; hours; working conditions; benefits, including welfare, sick leave, insurance, pension or retirement provisions; or the managing or maintenance of collective bargaining agreements and the terms to be included in those agreements. 3. Engaging in union organizing or recruitment activities that are otherwise lawful including attempting to reach workers verbally, in writing, and in the investigation of non-union working conditions. (b) An exercise of a person’s right of free speech or assembly that is otherwise lawful.
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