AB774: Bill Text

AB774,6,23 30.025 (1e) Except as provided in pars. (b) and (c), this section applies to a proposal to construct a utility facility if the utility facility sub. (5), an applicant who is required to obtain, or give notification of the wish to proceed under, one or more permits a certificate for a utility project is subject to the procedures under this section to obtain a permit instead of the procedures that would otherwise apply to the issuance of the permit.

AB774,10 Section 10. 30.025 (1e) (b) of the statutes, as affected by 2013 Wisconsin Act 20, is renumbered 30.025 (5) (b) and amended to read:

AB774,7,5 30.025 (5) (b) This section does not apply to a proposal to construct undertake a utility facility project if the only permit that the utility facility applicant is required to obtain from the department is a storm water discharge permit under s. 283.33 (1) (a) or (am) or authority to proceed under a storm water discharge general permit issued by the department under s. 283.35.

AB774,11 Section 11. 30.025 (1e) (c) of the statutes, as created by 2013 Wisconsin Act 1, is renumbered 30.025 (5) (c).

AB774,12 Section 12. 30.025 (1m) of the statutes is amended to read:

AB774,7,18 30.025 (1m) Preapplication process. Before filing an application under this section, a person proposing to construct a utility facility applicant submits an application under this section, the applicant shall notify the department of the intention to file submit an application. After receiving such notice, the department shall confer with the person applicant, in cooperation with the commission if the applicant is required to obtain a certificate, to make a preliminary assessment of the utility project's scope, to make an analysis of alternatives, and to identify potential interested persons, and to ensure that the person making the proposal is aware. At the time the department confers with the applicant, the department shall provide the applicant written notice of all of the following:

AB774,7,21 (a) The permits that the person applicant may be required to obtain and the permits under which the person applicant must give notification of the wish intention to proceed.

AB774,7,22 (b) The information that the person applicant will be required to provide.

AB774,8,2 (c) The If the applicant is required to obtain a certificate, the timing of information submissions that the person applicant will be required to provide in order to enable the department to participate in commission review procedures investigations or proceedings under s. 196.49 or 196.491 (3) and to process the application in a timely manner.

AB774,13 Section 13. 30.025 (1s) (a) of the statutes is amended to read:

AB774,8,19 30.025 (1s) (a) Submission of application. Any person proposing to construct a utility facility to which this section applies After the department confers with an applicant who provides notice to the department under sub. (1m), the applicant shall, in lieu of separate application for permits, submit one an application for permits together with any additional information required by the department. The If the applicant is required to obtain a certificate, the application shall be filed with submitted to the department at the same time that an application a petition or other request for a certificate is filed with the commission under s. 196.49 or in a manner consistent with s. 196.491 (3) and. The application shall include the detailed information that the department requires to determine whether an application is complete and to carry out its obligations under sub. (4). The department may require supplemental information to be furnished thereafter concerning each location, site, or route proposed for the utility project in sufficient detail for the department to assess whether the proposed location, site, or route is likely to meet the criteria for the department to issue the permits identified by the department under sub. (1m) (a).

AB774,14 Section 14. 30.025 (1s) (b) of the statutes is repealed.

AB774,15 Section 15. 30.025 (1s) (c) to (f) of the statutes are created to read:

AB774,8,25 30.025 (1s) (c) Review. The department shall review an application submitted under par. (a), and within 30 days after the application is submitted, the department shall determine that either the application is complete or that additional information is needed.

AB774,9,4 (cm) No additional information required. If the department determines that the application is complete, the department shall notify the applicant in writing of that fact within the 30-day period, and the date on which the notice under this paragraph is sent shall be considered the date of closure.

AB774,9,15 (d) Additional information requested. If the department determines that the application is incomplete, the department shall notify the applicant in writing and may make only one request for additional information during the 30-day period specified in par. (cm). Within 10 days after receiving all of the requested information from the applicant, the department shall notify the applicant in writing as to whether the application is complete. The date on which the 2nd notice under this paragraph is sent shall be set as the date of closure. The department may request additional information from the applicant to supplement the application, but the department may not request items of information that are outside the scope of the original request unless the applicant and the department both agree. A request for any such additional information may not affect the date of closure.

AB774,9,20 (e) Specificity of notice; limits on information. Any notice stating that an application has been determined to be incomplete or any other request for information that is sent under par. (d) shall state the reason for the determination or request and the specific items of information that are still needed and the statutory authority explicitly requiring the information.

AB774,9,24 (f) Failure to meet time limits. If the department fails to meet the 30-day time limit under par. (cm) or 10-day time limit under par. (d), the application shall be considered to have a date of closure that is the last day of that 30-day or 10-day time period.

AB774,16 Section 16. 30.025 (2) of the statutes is amended to read:

AB774,10,22 30.025 (2) Hearing. Once the applicant meets the requirements of sub. (1s) (a), the department may schedule the matter for a public hearing. Notice of the hearing shall be given to the applicant and shall be published as a class 1 notice under ch. 985 and as a notice on the department's Internet Web site. The department may give such further notice as it deems proper, and shall give notice to interested persons requesting same. The department's notice to interested persons may be given through an electronic notification system established by the department. Notice of a hearing under this subsection published as a class 1 notice, as a notice on the department's Internet Web site, and through the electronic notification system established by the department shall include the time, date, and location of the hearing, the name and address of the applicant, a summary of the subject matter of the application, and information indicating where a copy of the application may be viewed on the department's Internet Web site. The summary shall contain a brief, precise, easily understandable, plain language description of the subject matter of the application. One The department shall make one copy of the application shall be available for public inspection at the office of the department , and at least one copy in the regional office of the department, and at least one copy at of the area affected. The department shall send an electronic copy of the application to the main public library, of the area affected. At the library's request, the department shall also send a paper copy of the application. Notwithstanding s. 227.42, the hearing shall be an informational hearing and may not be treated as a contested case hearing nor converted to a contested case hearing.

AB774,17 Section 17. 30.025 (2g) of the statutes is repealed.

AB774,18 Section 18. 30.025 (2m) of the statutes is created to read:

AB774,11,7 30.025 (2m) Application review; submission of information to commission; participation in commission proceedings. (a) The department shall review every application for a proposed utility project, including each location, site, or route proposed for the utility project, to assess whether each proposed location, site, or route for the utility project can meet the criteria for obtaining the individual permits or proceeding under the authority of general permits identified by the department under sub. (1m) (a).

AB774,11,10 (b) If the applicant is required to obtain a certificate, the department shall identify and communicate to the commission all of the following with regard to each location, site, or route that the applicant proposes for the utility project:

AB774,11,13 1. Factors that would require the department to deny one or more permits required for the proposed utility project to be undertaken at the location or site or along the route.

AB774,11,18 2. Factors that would require the department to impose conditions on one or more permits required for the proposed utility project to be undertaken at the location or site or along the route. The department shall identify the conditions that the department would be required to impose and the purposes for imposing the conditions.

AB774,11,22 (c) The department shall provide the commission with information under par. (b) that is relevant to only the statutes administered by the department and rules promulgated under those statutes that the department has explicit authority to enforce.

AB774,11,25 (d) If the applicant is required to obtain a certificate, the department shall participate in commission investigations or proceedings under s. 196.49 or 196.491 (3) with regard to the proposed utility project.

AB774,19 Section 19. 30.025 (2s) (a) (intro.) of the statutes is renumbered 30.025 (2s) (a) and amended to read:

AB774,12,12 30.025 (2s) (a) The If, after the department participates in a commission investigation or proceeding for a utility project as required under sub. (2m) (d), the commission approves under s. 196.49 or 196.491 (3) a location, site, or route for the utility project, the department shall treat the commission's decision under s. 196.49 or 196.491 (3) approval as concluding a conclusion that there is no practicable alternative to the location, site, or route for the utility facility if all of the following apply: project. If the department imposes conditions on a permit issued for a utility project that is the subject of that investigation or proceeding, the permit conditions may not require the applicant to undertake the utility project at a location or site or along a route other than that approved by the commission.

AB774,20 Section 20. 30.025 (2s) (a) 1. and 2. of the statutes are repealed.

AB774,21 Section 21. 30.025 (2s) (b) of the statutes is repealed and recreated to read:

AB774,12,19 30.025 (2s) (b) If an application concerns a utility project to extend, improve, maintain, or add to an existing utility facility and a certificate is not required for the utility project, the department may not find that there is a practicable alternative to undertaking the utility project except within the existing location, site, route, or right-of-way of the utility facility.

AB774,22 Section 22. 30.025 (3) (intro.) (except 30.025 (3) (title)) of the statutes is renumbered 30.025 (3) (ag) (intro.) and amended to read:

AB774,12,25 30.025 (3) (ag) (intro.) The department shall issue , any individual permit or authorize proceeding under, the necessary permits any general permit required for a proposed utility project if it finds that the applicant has shown that the proposal all of the following apply:

AB774,23 Section 23. 30.025 (3) (a) of the statutes is renumbered 30.025 (3) (ag) 1. and amended to read:

AB774,13,6 30.025 (3) (ag) 1. Complies The proposed utility project is consistent with environmental statutes administered by the department and rules promulgated thereunder, and federal environmental standards which that the department has authority to enforce.

AB774,24 Section 24. 30.025 (3) (b) of the statutes is renumbered 30.025 (3) (ag) 2., and 30.025 (3) (ag) 2. (intro.), as renumbered, is amended to read:

AB774,13,10 30.025 (3) (ag) 2. (intro.) Does The proposed utility project does not unduly affect any of the following:

AB774,25 Section 25. 30.025 (3) (c) to (e) of the statutes are created to read:

AB774,13,13 30.025 (3) (c) If a proposed utility project requires a certificate, the department may not do any of the following:

AB774,13,16 1. Deny a permit requested in an application under sub. (1s) (a) if the department did not identify under sub. (2m) (b) 1. factors that would require it to deny the permit.

AB774,13,20 2. Impose conditions on a permit requested in an application under sub. (1s) (a) that the department did not identify as necessary under sub. (2m) (b) 2. or that are different from the conditions the department identified as necessary under sub. (2m) (b) 2.

AB774,13,25 (d) 1. For an application submitted with respect to a utility project for which a certificate is required, the department shall grant or deny each permit requested in the application within 30 days of the date on which the commission issues its decision under s. 196.49 or 196.491 (3) or within 120 days of the date of closure, whichever is sooner.

AB774,14,3 2. For an application submitted with respect to a utility project for which a certificate is not required, the department shall grant or deny each permit requested in the application within 120 days of the date of closure.

AB774,14,9 (e) If the department fails to comply with the relevant time limits under par. (d), a decision issuing the permits requested in the application or authorizing the applicant to proceed as requested in the application shall be considered to be rendered. The permits or authorizations to proceed shall authorize the utility project as proposed by the applicant, but the department may impose terms and conditions on the permits or authorizations that are consistent with the basic proposal.

AB774,26 Section 26. 30.025 (4) of the statutes is amended to read:

AB774,14,18 30.025 (4) Permit conditions. The permit may be issued, or the authority to proceed under a permit may be granted, Except as provided in sub. (3) (c) 2., the department may issue any individual permit or authorize the applicant to proceed under any general permit required for the utility project upon stated conditions deemed determined to be necessary to assure ensure compliance with the criteria designated under sub. (3). The department shall grant or deny the application for a permit for the utility facility within 30 days of the date on which the commission issues its decision under s. 196.49 or 196.491 (3).

AB774,27 Section 27. 30.025 (4m) of the statutes is created to read:

AB774,14,24 30.025 (4m) Basis of department determinations. When providing information to the commission under sub. (2m) or making a finding or determination under sub. (3) (ag) or (4), the department shall provide to the applicant and, if the proposed utility project is subject to s. 196.49 or s. 196.491 (3), to the commission a written statement that demonstrates all of the following:

AB774,15,4 (a) The information, finding, or determination is consistent with the department's explicit authority under the statutes it administers and with rules promulgated by the department and federal standards that the department has explicit authority to enforce.

AB774,15,6 (b) The information, finding, or determination is based on sufficient facts or data.

AB774,28 Section 28. 30.025 (5) (title) of the statutes is repealed and recreated to read:

AB774,15,8 30.025 (5) (title) Exceptions.

AB774,29 Section 29. 30.025 (5) of the statutes is renumbered 30.025 (5) (a).

AB774,30 Section 30. 30.025 (5) (d) of the statutes is created to read:

AB774,15,13 30.025 (5) (d) This section does not apply to an applicant proposing to undertake a utility project if a certificate is not required for the utility project unless the applicant elects to proceed in the manner provided under this section.

AB774,31 Section 31. 30.12 (1mn) of the statutes is created to read:

AB774,15,15 30.12 (1mn) Electric utility facilities. (a) In this subsection:

AB774,15,17 1. "Construction" means installation, repair, replacement, removal, or maintenance.

AB774,15,20 2. "Structure" includes a pole, support anchor, culvert, clear-span bridge, or construction mat used to protect a wetland or land below the ordinary high-water mark.

AB774,15,23 (b) An electric public utility or a wholesale electric cooperative, as defined in s. 16.957 (1) (v), is exempt from the permit requirements under this section for any of the following:

AB774,16,3 1. The temporary use or placement within an existing utility corridor of equipment, a structure, or a vehicle on the bed of a navigable water for a purpose associated with the construction of a facility used to transmit or distribute electricity.

AB774,16,7 2. The deposit of material on the bed of a navigable water if the material is associated with the response to or cleanup of a release of drilling fluid associated with directional boring, if the deposit does not affect more than one-tenth of one acre of lake bed.

AB774,32 Section 32. 30.20 (1g) (d) of the statutes is created to read:

AB774,16,12 30.20 (1g) (d) The removal of material that is associated with the response to or cleanup of a release of drilling fluid associated with directional boring is exempt from the permit and contracts requirements under this section, if the removal does not affect more than one-tenth of one acre of lake bed.

AB774,33 Section 33. 59.692 (1n) of the statutes is created to read:

AB774,16,16 59.692 (1n) (a) In this subsection, "electric cooperative" means a cooperative association that is organized under ch. 185 for the purpose of providing electricity at wholesale or retail to its members only.

AB774,16,22 (b) This section and ordinances enacted under this section do not apply to a project for the construction or maintenance of electric, gas, telephone, water, or sewage collection, transmission, or distribution facilities conducted by a public utility, or to a project for the construction or maintenance of electric transmission or distribution facilities conducted by an electric cooperative, in a shoreland if one of the following applies:

AB774,16,23 1. The department has issued all permits required for the project.

AB774,16,25 2. No permits are required for the project and the person conducting the project employs best management practices related to storm water management.

AB774,34 Section 34. 196.491 (3) (a) 3. a. of the statutes, as affected by 2013 Wisconsin Act 10, is amended to read:

AB774,17,14 196.491 (3) (a) 3. a. At least 60 days before a person files an application under subd. 1., the person shall provide the department with an engineering plan if the facility is a large electric generating facility. The engineering plan shall show the location of the facility, a description of the facility, including the major components of the facility that have a significant air, water or solid waste pollution potential, and a brief description of the anticipated effects of the facility on air quality, water quality, wetlands, solid waste disposal capacity, and other natural resources. Within 30 days after a person provides an engineering plan, the department shall provide the person with a listing of each department permit or approval, other than a permit as defined in s. 30.025 (1b) (b), which, on the basis of the information contained in the engineering plan, appears to be required for the construction or operation of the facility.

AB774,35 Section 35. 196.491 (3) (a) 3. b. of the statutes, as affected by 2013 Wisconsin Acts 1 and 10, is amended to read:

AB774,18,6 196.491 (3) (a) 3. b. Except as provided under subd. 3. c., within 20 days after the department provides a listing specified in subd. 3. a. to a person, the person shall apply for the permits and approvals identified in the listing. The department shall determine whether an application under this subd. 3. b. is complete and, no later than 30 days after the application is filed, notify the applicant about the determination. If the department determines that the application is incomplete, the notice shall state the reason for the determination. An applicant may supplement and refile an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may refile an application under this subd. 3. b. If the department fails to determine whether an application is complete within 30 days after the application is filed, the application shall be considered to be complete. Except as provided in s. 30.025 (4), the The department shall complete action on an application under this subd. 3. b. for any permit or approval that is required prior to construction of a facility within 120 days after the date on which the application is determined or considered to be complete.

AB774,36 Section 36. 196.492 of the statutes is created to read:

AB774,18,9 196.492 Siting of utility facilities. (1) In this section, "utility facility" has the meaning given in s. 30.025 (1b) (c).

AB774,18,12 (2) Subject to sub. (3), the commission shall have exclusive jurisdiction over the approval of locations, sites, or routes for utility facilities that are subject to s. 196.49 or 196.491 (3).

AB774,18,17 (3) In an investigation or proceeding under s. 196.49 or 196.491 (3), the commission shall consider the information provided by the department of natural resources under s. 30.025 (2m) when determining the location, site, or route of a utility facility for which an application is submitted to the department of natural resources under s. 30.025.

AB774,37 Section 37. Initial applicability.

AB774,18,21 (1) This act first applies to utility projects for which an application under section 30.025 of the statutes, as affected by this act, is submitted to the department of natural resources on the effective date of this subsection.

AB774,18,22 (End)