This bill makes changes to the utility application procedure that applies under
current law. Among those changes are the following: 1) a requirement that the utility
application include information concerning each location, site, or route proposed for
the utility project in sufficient detail for DNR to assess whether the location, site, or
route is likely to meet the criteria for DNR to issue the necessary permits; 2) a
requirement that DNR review the application within 30 days after submission; 3) a
prohibition against allowing DNR to make more than one request for additional
information during the 30-day period; 4) a requirement that DNR notify the
applicant as to whether the utility application is complete; and 5) a requirement that
if DNR determines the utility application to be incomplete, DNR notify the applicant
of the reason for that determination and of the specific additional information that
DNR requires. The bill also establishes a date of closure for a utility application
submitted to DNR.
Application review; PSC proceedings
The bill maintains certain utility application procedures that apply under
current law. As under current law, the bill requires 1) an applicant to notify DNR
of its intention to file a utility application with DNR; 2) the applicant to file the utility
application at the same time the applicant applies for a PSC certificate, if such a
certificate is required; 3) DNR to participate in PSC investigations or proceedings;
and 4) DNR in its review of the application to assess whether each proposed location,
site, or route for the utility project can meet the criteria for obtaining the necessary
DNR permits. In addition to these provisions, the bill also provides that, for an
applicant who is required to obtain a PSC certificate, DNR must identify and
communicate to the PSC certain specified information including the factors that
would require DNR to deny a permit or impose conditions on a permit.
Current law provides that with respect to the information that DNR must
provide to the PSC, it may provide only information that is relevant to environmental
issues concerning the proposed utility facility, public rights in navigable waters that
may be affected by the proposed utility facility, and location, site or route issues
concerning the proposed utility facility, including alternative locations, sites, or
routes. This bill specifies, instead, that DNR must provide the PSC with information
that is relevant to only the statutes that DNR administers and has explicit authority
to enforce.
Practicable alternatives
Under current law, DNR must treat the PSC's decision with respect to issuance
of a certificate as concluding that there is no practicable alternative for the utility
facility if DNR participated in the PSC's investigations or proceedings and the PSC's
decision is consistent with DNR's assessment and information. Under this bill, DNR
must treat the PSC's approval of a location, site, or route for the utility project as a

conclusion that there is no practicable alternative to the location, site, or route for
the project. The bill also specifies that if DNR imposes conditions on a DNR permit,
the conditions may not require the applicant to undertake the project at a location
or site or along a route other than that approved by the PSC.
The bill also provides that if the applicant is not required to obtain a PSC
certificate, and the application concerns a project to extend, improve, maintain, or
add to an existing utility facility, DNR 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.
Deadlines
This bill also establishes new deadlines that apply to a utility application.
Under the bill, if a utility application is submitted to DNR with respect to a project
for which a PSC certificate is required, DNR must grant or deny each permit
requested in the application within 30 days of the date on which the PSC issues its
certificate decision or within 120 days of the date of closure for the application. If no
PSC certificate is required for the project, DNR must grant or deny each permit
requested in the application within 120 days of the date of closure. The bill provides
that if DNR fails to comply with relevant time limits, a decision issuing the permits
requested in the application is considered to be rendered.
Other utility application procedures
This bill also requires DNR to provide to an applicant and, if a proposed project
requires a PSC certificate, to the PSC a written statement demonstrating that any
information provided, or any finding or determination made, by DNR is consistent
with DNR's explicit statutory authority and is based on sufficient facts or data.
The bill also prohibits DNR from denying a permit requested in an application
under the utility application procedure if DNR did not identify factors during the
application review process that would require it to deny the permit. DNR is also
prohibited from imposing conditions on a permit that are different from conditions
identified as necessary during the application review process.
Navigable waters permits
Under current law, with certain exceptions, no person may deposit material or
place a structure on the bed of a navigable water without a permit from DNR
(structure permit). Current law also prohibits, with certain exceptions, the removal
of material from the bed of a navigable water without a permit from DNR (removal
permit). This bill creates exemptions to the structure permit and the removal permit
requirements. Under the bill, the exemption applies to an electric public utility or
a wholesale electric cooperative (cooperative) that deposits material on the bed of a
navigable water if the deposit or removal of material is associated with the response
to or cleanup of a release of drilling fluid associated with directional boring and if the
deposit or removal does not affect more than one-tenth of one acre of lake bed. The
bill also exempts an electric public utility or a cooperative from the structure permit
requirement for 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 utility facility.

Under current law, a county must enact a shoreland zoning ordinance for all
shorelands in its unincorporated area. Current law defines a shoreland to be an area
within a certain distance from the edge of a navigable water. This bill specifies that
a shoreland zoning ordinance does not apply to a project to construct certain utility
facilities if DNR has issued all the permits required for the project or, if no permits
are required by DNR for the project, the person conducting the project employs best
management practices related to storm water management.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB774,1 1Section 1. 30.025 (1b) (a) of the statutes is renumbered 30.025 (1b) (ar).
AB774,2 2Section 2. 30.025 (1b) (ag) of the statutes is created to read:
AB774,5,43 30.025 (1b) (ag) "Applicant" means a person proposing to undertake a utility
4project for which a permit is required.
AB774,3 5Section 3. 30.025 (1b) (aj) of the statutes is created to read:
AB774,5,86 30.025 (1b) (aj) "Application" means a submission to the department that
7requests that the department issue all of the permits that an applicant requires to
8undertake a utility project.
AB774,4 9Section 4. 30.025 (1b) (am) of the statutes is created to read:
AB774,5,1110 30.025 (1b) (am) "Certificate" means a certificate issued by the commission
11under s. 196.49 or 196.491 (3).
AB774,5 12Section 5. 30.025 (1b) (b) of the statutes, as affected by 2013 Wisconsin Act 20,
13is amended to read:
AB774,6,414 30.025 (1b) (b) "Permit" means an individual permit, authority to proceed
15under
a general permit, an approval, or a contract required under this subchapter
16or subch. II, a permit or an approval required under ch. 31, an incidental taking
17permit required under s. 29.604 (6m),
a storm water discharge permit required under

1s. 283.33 (1) (a) or (am), authority to proceed under a storm water discharge general
2permit required under s. 283.35,
or a wetland general permit or wetland individual
3permit required under s. 281.36 or under rules promulgated under subch. II of ch.
4281 to implement 33 USC 1341 (a).
AB774,6 5Section 6. 30.025 (1b) (bm) of the statutes is created to read:
AB774,6,66 30.025 (1b) (bm) "Public utility" has the meaning given in s. 196.01 (5).
AB774,7 7Section 7. 30.025 (1b) (c) of the statutes is amended to read:
AB774,6,128 30.025 (1b) (c) "Utility facility" means a project, as defined in s. 196.49 (3) (a),
9plant, equipment, property, or a facility, as defined in s. 196.491 (1) (e) owned or
10operated by a public utility or by a cooperative association organized under ch. 185
11for the purpose of producing or furnishing heat, light, power, or water to its members
12only
.
AB774,8 13Section 8. 30.025 (1b) (d) of the statutes is created to read:
AB774,6,1514 30.025 (1b) (d) "Utility project" means a project to construct, extend, improve,
15maintain, or add to a utility facility.
AB774,9 16Section 9. 30.025 (1e) (a) of the statutes, as affected by 2013 Wisconsin Act 1,
17is renumbered 30.025 (1e) and amended to read:
AB774,6,2318 30.025 (1e) Except as provided in pars. (b) and (c), this section applies to a
19proposal to construct a utility facility if the utility facility
sub. (5), an applicant who
20is required to obtain, or give notification of the wish to proceed under, one or more
21permits
a certificate for a utility project is subject to the procedures under this section
22to obtain a permit instead of the procedures that would otherwise apply to the
23issuance of the permit
.
AB774,10 24Section 10. 30.025 (1e) (b) of the statutes, as affected by 2013 Wisconsin Act
2520
, is renumbered 30.025 (5) (b) and amended to read:
AB774,7,5
130.025 (5) (b) This section does not apply to a proposal to construct undertake
2a utility facility project if the only permit that the utility facility applicant is required
3to obtain from the department is a storm water discharge permit under s. 283.33 (1)
4(a) or (am) or authority to proceed under a storm water discharge general permit
5issued by the department under s. 283.35
.
AB774,11 6Section 11. 30.025 (1e) (c) of the statutes, as created by 2013 Wisconsin Act
71
, is renumbered 30.025 (5) (c).
AB774,12 8Section 12. 30.025 (1m) of the statutes is amended to read:
AB774,7,189 30.025 (1m) Preapplication process. Before filing an application under this
10section, a person proposing to construct a utility facility
applicant submits an
11application under this section, the applicant
shall notify the department of the
12intention to file submit an application. After receiving such notice, the department
13shall confer with the person applicant, in cooperation with the commission if the
14applicant is required to obtain a certificate
, to make a preliminary assessment of the
15utility project's scope, to make an analysis of alternatives, and to identify potential
16interested persons, and to ensure that the person making the proposal is aware. At
17the time the department confers with the applicant, the department shall provide the
18applicant written notice
of all of the following:
AB774,7,2119 (a) The permits that the person applicant may be required to obtain and the
20permits under which the person applicant must give notification of the wish
21intention to proceed.
AB774,7,2222 (b) The information that the person applicant will be required to provide.
AB774,8,223 (c) The If the applicant is required to obtain a certificate, the timing of
24information submissions that the person applicant will be required to provide in
25order to enable the department to participate in commission review procedures

1investigations or proceedings under s. 196.49 or 196.491 (3) and to process the
2application in a timely manner.
AB774,13 3Section 13. 30.025 (1s) (a) of the statutes is amended to read:
AB774,8,194 30.025 (1s) (a) Submission of application. Any person proposing to construct
5a utility facility to which this section applies
After the department confers with an
6applicant who provides notice to the department under sub. (1m), the applicant
shall,
7in lieu of separate application for permits,
submit one an application for permits
8together with any additional information required by the department. The If the
9applicant is required to obtain a certificate, the
application shall be filed with
10submitted to the department at the same time that an application a petition or other
11request
for a certificate is filed with the commission under s. 196.49 or in a manner
12consistent with s.
196.491 (3) and. The application shall include the detailed
13information that the department requires to determine whether an application is
14complete and to carry out its obligations under sub. (4). The department may require
15supplemental information to be furnished thereafter
concerning each location, site,
16or route proposed for the utility project in sufficient detail for the department to
17assess whether the proposed location, site, or route is likely to meet the criteria for
18the department to issue the permits identified by the department under sub. (1m)
19(a)
.
AB774,14 20Section 14. 30.025 (1s) (b) of the statutes is repealed.
AB774,15 21Section 15. 30.025 (1s) (c) to (f) of the statutes are created to read:
AB774,8,2522 30.025 (1s) (c) Review. The department shall review an application submitted
23under par. (a), and within 30 days after the application is submitted, the department
24shall determine that either the application is complete or that additional information
25is needed.
AB774,9,4
1(cm) No additional information required. If the department determines that
2the application is complete, the department shall notify the applicant in writing of
3that fact within the 30-day period, and the date on which the notice under this
4paragraph is sent shall be considered the date of closure.
AB774,9,155 (d) Additional information requested. If the department determines that the
6application is incomplete, the department shall notify the applicant in writing and
7may make only one request for additional information during the 30-day period
8specified in par. (cm). Within 10 days after receiving all of the requested information
9from the applicant, the department shall notify the applicant in writing as to
10whether the application is complete. The date on which the 2nd notice under this
11paragraph is sent shall be set as the date of closure. The department may request
12additional information from the applicant to supplement the application, but the
13department may not request items of information that are outside the scope of the
14original request unless the applicant and the department both agree. A request for
15any such additional information may not affect the date of closure.
AB774,9,2016 (e) Specificity of notice; limits on information. Any notice stating that an
17application has been determined to be incomplete or any other request for
18information that is sent under par. (d) shall state the reason for the determination
19or request and the specific items of information that are still needed and the
20statutory authority explicitly requiring the information.
AB774,9,2421 (f) Failure to meet time limits. If the department fails to meet the 30-day time
22limit under par. (cm) or 10-day time limit under par. (d), the application shall be
23considered to have a date of closure that is the last day of that 30-day or 10-day time
24period.
AB774,16 25Section 16. 30.025 (2) of the statutes is amended to read:
AB774,10,22
130.025 (2) Hearing. Once the applicant meets the requirements of sub. (1s) (a),
2the department may schedule the matter for a public hearing. Notice of the hearing
3shall be given to the applicant and shall be published as a class 1 notice under ch.
4985 and as a notice on the department's Internet Web site. The department may give
5such further notice as it deems proper, and shall give notice to interested persons
6requesting same. The department's notice to interested persons may be given
7through an electronic notification system established by the department. Notice of
8a hearing under this subsection published as a class 1 notice, as a notice on the
9department's Internet Web site, and through the electronic notification system
10established by the department shall include the time, date, and location of the
11hearing, the name and address of the applicant, a summary of the subject matter of
12the application, and information indicating where a copy of the application may be
13viewed on the department's Internet Web site. The summary shall contain a brief,
14precise, easily understandable, plain language description of the subject matter of
15the application. One The department shall make one copy of the application shall
16be
available for public inspection at the office of the department , and at least one copy
17in the regional office of the department, and at least one copy at of the area affected.
18The department shall send an electronic copy of the application to
the main public
19library, of the area affected. At the library's request, the department shall also send
20a paper copy of the application.
Notwithstanding s. 227.42, the hearing shall be an
21informational hearing and may not be treated as a contested case hearing nor
22converted to a contested case hearing.
AB774,17 23Section 17. 30.025 (2g) of the statutes is repealed.
AB774,18 24Section 18. 30.025 (2m) of the statutes is created to read:
AB774,11,7
130.025 (2m) Application review; submission of information to commission;
2participation in commission proceedings.
(a) The department shall review every
3application for a proposed utility project, including each location, site, or route
4proposed for the utility project, to assess whether each proposed location, site, or
5route for the utility project can meet the criteria for obtaining the individual permits
6or proceeding under the authority of general permits identified by the department
7under sub. (1m) (a).
AB774,11,108 (b) If the applicant is required to obtain a certificate, the department shall
9identify and communicate to the commission all of the following with regard to each
10location, site, or route that the applicant proposes for the utility project:
AB774,11,1311 1. Factors that would require the department to deny one or more permits
12required for the proposed utility project to be undertaken at the location or site or
13along the route.
AB774,11,1814 2. Factors that would require the department to impose conditions on one or
15more permits required for the proposed utility project to be undertaken at the
16location or site or along the route. The department shall identify the conditions that
17the department would be required to impose and the purposes for imposing the
18conditions.
AB774,11,2219 (c) The department shall provide the commission with information under par.
20(b) that is relevant to only the statutes administered by the department and rules
21promulgated under those statutes that the department has explicit authority to
22enforce.
AB774,11,2523 (d) If the applicant is required to obtain a certificate, the department shall
24participate in commission investigations or proceedings under s. 196.49 or 196.491
25(3) with regard to the proposed utility project.
AB774,19
1Section 19. 30.025 (2s) (a) (intro.) of the statutes is renumbered 30.025 (2s)
2(a) and amended to read:
AB774,12,123 30.025 (2s) (a) The If, after the department participates in a commission
4investigation or proceeding for a utility project as required under sub. (2m) (d), the
5commission approves under s. 196.49 or 196.491 (3) a location, site, or route for the
6utility project, the
department shall treat the commission's decision under s. 196.49
7or 196.491 (3)
approval as concluding a conclusion that there is no practicable
8alternative to the location, site, or route for the utility facility if all of the following
9apply:
project. If the department imposes conditions on a permit issued for a utility
10project that is the subject of that investigation or proceeding, the permit conditions
11may not require the applicant to undertake the utility project at a location or site or
12along a route other than that approved by the commission.
AB774,20 13Section 20. 30.025 (2s) (a) 1. and 2. of the statutes are repealed.
AB774,21 14Section 21. 30.025 (2s) (b) of the statutes is repealed and recreated to read:
AB774,12,1915 30.025 (2s) (b) If an application concerns a utility project to extend, improve,
16maintain, or add to an existing utility facility and a certificate is not required for the
17utility project, the department may not find that there is a practicable alternative
18to undertaking the utility project except within the existing location, site, route, or
19right-of-way of the utility facility.
AB774,22 20Section 22. 30.025 (3) (intro.) (except 30.025 (3) (title)) of the statutes is
21renumbered 30.025 (3) (ag) (intro.) and amended to read:
AB774,12,2522 30.025 (3) (ag) (intro.) The department shall issue , any individual permit or
23authorize proceeding under, the necessary permits any general permit required for
24a proposed utility project
if it finds that the applicant has shown that the proposal
25all of the following apply:
AB774,23
1Section 23. 30.025 (3) (a) of the statutes is renumbered 30.025 (3) (ag) 1. and
2amended to read:
AB774,13,63 30.025 (3) (ag) 1. Complies The proposed utility project is consistent with
4environmental statutes administered by the department and rules promulgated
5thereunder, and federal environmental standards which that the department has
6authority to enforce.
AB774,24 7Section 24. 30.025 (3) (b) of the statutes is renumbered 30.025 (3) (ag) 2., and
830.025 (3) (ag) 2. (intro.), as renumbered, is amended to read:
AB774,13,109 30.025 (3) (ag) 2. (intro.) Does The proposed utility project does not unduly
10affect any of the following:
AB774,25 11Section 25. 30.025 (3) (c) to (e) of the statutes are created to read:
AB774,13,1312 30.025 (3) (c) If a proposed utility project requires a certificate, the department
13may not do any of the following:
AB774,13,1614 1. Deny a permit requested in an application under sub. (1s) (a) if the
15department did not identify under sub. (2m) (b) 1. factors that would require it to
16deny the permit.
AB774,13,2017 2. Impose conditions on a permit requested in an application under sub. (1s)
18(a) that the department did not identify as necessary under sub. (2m) (b) 2. or that
19are different from the conditions the department identified as necessary under sub.
20(2m) (b) 2.
AB774,13,2521 (d) 1. For an application submitted with respect to a utility project for which
22a certificate is required, the department shall grant or deny each permit requested
23in the application within 30 days of the date on which the commission issues its
24decision under s. 196.49 or 196.491 (3) or within 120 days of the date of closure,
25whichever is sooner.
AB774,14,3
12. For an application submitted with respect to a utility project for which a
2certificate is not required, the department shall grant or deny each permit requested
3in the application within 120 days of the date of closure.
AB774,14,94 (e) If the department fails to comply with the relevant time limits under par.
5(d), a decision issuing the permits requested in the application or authorizing the
6applicant to proceed as requested in the application shall be considered to be
7rendered. The permits or authorizations to proceed shall authorize the utility project
8as proposed by the applicant, but the department may impose terms and conditions
9on the permits or authorizations that are consistent with the basic proposal.
AB774,26 10Section 26. 30.025 (4) of the statutes is amended to read:
AB774,14,1811 30.025 (4) Permit conditions. The permit may be issued, or the authority to
12proceed under a permit may be granted,
Except as provided in sub. (3) (c) 2., the
13department may issue any individual permit or authorize the applicant to proceed
14under any general permit required for the utility project
upon stated conditions
15deemed determined to be necessary to assure ensure compliance with the criteria
16designated under sub. (3). The department shall grant or deny the application for
17a permit for the utility facility within 30 days of the date on which the commission
18issues its decision under s. 196.49 or 196.491 (3).
AB774,27 19Section 27. 30.025 (4m) of the statutes is created to read:
AB774,14,2420 30.025 (4m) Basis of department determinations. When providing
21information to the commission under sub. (2m) or making a finding or determination
22under sub. (3) (ag) or (4), the department shall provide to the applicant and, if the
23proposed utility project is subject to s. 196.49 or s. 196.491 (3), to the commission a
24written statement that demonstrates all of the following:
AB774,15,4
1(a) The information, finding, or determination is consistent with the
2department's explicit authority under the statutes it administers and with rules
3promulgated by the department and federal standards that the department has
4explicit authority to enforce.
AB774,15,65 (b) The information, finding, or determination is based on sufficient facts or
6data.
AB774,28 7Section 28. 30.025 (5) (title) of the statutes is repealed and recreated to read:
AB774,15,88 30.025 (5) (title) Exceptions.
AB774,29 9Section 29. 30.025 (5) of the statutes is renumbered 30.025 (5) (a).
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