LRB-3066/1
RNK:ahe
2015 - 2016 LEGISLATURE
October 22, 2015 - Introduced by Representatives Hebl, Berceau, Considine,
Hesselbein, Jorgensen, Kahl, Pope, Sargent, Subeck and C. Taylor,
cosponsored by Senators Miller, Erpenbach, Ringhand and Risser. Referred
to Committee on Environment and Forestry.
AB442,1,2 1An Act to repeal 283.83 (1m) of the statutes; relating to: water quality
2management planning for Dane County.
Analysis by the Legislative Reference Bureau
Current state law requires the Department of Natural Resources (DNR) to
establish a continuing water quality management planning process that results in
areawide water quality management plans for all areas of the state. The plans must
include the elements required by federal law. Under DNR's rules, an areawide water
quality management plan for an urban area must identify sewer service areas for a
20-year planning period.
Under the rules, for some areas, DNR reviews and approves water quality
management plans developed by designated local or regional agencies. DNR adopts
plans for other areas, but the rules specify that preparation of plans for those areas
will be carried out by local or regional planning agencies under contract with DNR,
if possible.
The 2015-17 biennial budget act (Act 55) made changes to the law to require
DNR to approve or reject proposed revisions to the areawide water quality
management plan for Dane County. Act 55 requires DNR to base its decision on
whether the proposed revision complies with water quality standards and requires
DNR to make its decision within 90 days after a formal application for the revision
is submitted. Under Act 55, if DNR does not approve or reject a proposed revision
to the areawide water quality management plan for Dane County within 90 days, the
proposed revision is automatically approved on the 120th day, unless before that day
DNR petitions the circuit court for an order extending the time for DNR to act on the

revision. The court may grant an extension for a period it determines to be
reasonable.
Act 55 authorizes DNR to contract with a regional planning commission or
other entity, except Dane County or any of its subunits, including the Dane County
Lakes and Watershed Commission, to provide advisory services relating to the
review of proposed revisions to the areawide water quality management plan for
Dane County, but specifies that DNR may not delegate its authority to approve or
reject revisions. Act 55 also provides that Dane County and any of its subunits,
including the Dane County Lakes and Watershed Commission, may not be
designated to develop the areawide water quality management plan for Dane
County.
This bill eliminates these changes to the law made under Act 55 with regard to
water quality management for Dane County.
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:
AB442,1 1Section 1. 283.83 (1m) of the statutes, as created by 2015 Wisconsin Act 55,
2is repealed.
AB442,2,33 (End)
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