AB774: Bill Text

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 of the statutes are repealed.

AB774,21 Section 21. 30.025 (2s) (b) of the statutes is repealed and recreated to read: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