AB150: Bill Text

AB150, s. 4205 Section 4205. 144.025 (2) (m) of the statutes is amended to read:

AB150,1461,12 144.025 (2) (m) Orders issued by the department shall be signed by the person designated by the board secretary.

AB150, s. 4206 Section 4206. 144.0252 of the statutes is created to read:

AB150,1461,18 144.0252 Fees for water quality determinations for wetlands. (1) Amount of fees. The department shall charge a fee for determining whether a project complies with the standards of water quality promulgated by rule under s.144.025 (2) (b) that are applicable to wetlands. The fee for each project shall be $100.

AB150,1461,22 (2) Adjustments in fees. (a) The department shall refund the fee if the applicant requests a refund before the department determines that the application for the determination is complete. The department may not refund a fee after the department determines that the application is complete.

AB150,1461,25 (b) If the applicant applies for a permit after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.

AB150,1462,3 (c) If more than one fee under this section or s. 30.28 (2) (a) or (b) or 31.39 (2) (a) is applicable to a project, the department shall charge only the highest fee of those that are applicable.

AB150,1462,4 (d) The department, by rule, may increase the fee specified in sub. (1).

AB150,1462,6 (3) Exemptions. This section does not apply to any federal agency or state agency.

AB150, s. 4207 Section 4207. 144.026 (8) (intro.) of the statutes is amended to read:

AB150,1462,13 144.026 (8) Preparation of water quantity resources plan. (intro.) The natural resources board shall, before August 1, 1988, adopt and submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), department shall have a long-term state water quantity resources plan for the protection, conservation and management of the waters of the state. The plan shall include, but need not be limited to, the following:

AB150, s. 4208 Section 4208. 144.027 (4) (b) 3. of the statutes is amended to read:

AB150,1462,15 144.027 (4) (b) 3. An authority created under ch. 231, 233 or 234.

AB150, s. 4209 Section 4209. 144.027 (5) (f) of the statutes is amended to read:

AB150,1462,22 144.027 (5) (f) The department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under s. 20.370 (4) (cv) (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.

AB150, s. 4210 Section 4210. 144.027 (18) of the statutes is amended to read:

AB150,1463,5 144.027 (18) Suspension or revocation of licenses. The department may suspend or revoke a license issued under ch. 162 if the department finds that the licensee falsified information submitted under this section. The department of industry, labor and human relations development may suspend or revoke the license of a plumber licensed under ch. 145 if the department of industry, labor and human relations development finds that the plumber falsified information submitted under this section.

AB150, s. 4211 Section 4211. 144.03 (1) of the statutes is amended to read:

AB150,1463,16 144.03 (1) Every owner of an industrial establishment shall furnish to the department all information required by it in the discharge of its duties under s. 144.025 (2). Any member of the natural resources board or any Any employe of the department may enter any industrial establishment for the purpose of collecting such this information, and no owner of an industrial establishment shall may refuse to admit such member or an employe of the department. The department shall make such these inspections at frequent intervals. The secretary and all members of the board shall have power may, for all purposes falling within the department's jurisdiction to, administer oaths, issue subpoenas, compel the attendance of witnesses and compel the production of necessary or essential data.

AB150, s. 4212 Section 4212. 144.04 (1) of the statutes is amended to read:

AB150,1465,2 144.04 (1) Except as provided under sub. (2), every owner within the time prescribed by the department, shall file with the department a certified copy of complete plans of a proposed system or plant or extension thereof, in scope and detail satisfactory to the department, and, if required, of existing systems or plants, and such other information concerning maintenance, operation and other details as the department requires, including the information specified under s. 144.026 (5) (a), if applicable. Material changes with a statement of the reasons shall be likewise submitted. Before plans are drawn a statement concerning the improvement may be made to the department and the department may, if requested, outline generally what it will require. Upon receipt of such plans for approval, the department or its duly authorized representative shall notify the owner of the date of receipt. Within 90 days from the time of receipt of complete plans or within the time specified in s. 144.026 (5) (c), if applicable, the department or its authorized representative shall examine and take action to approve, approve conditionally or reject the plans and shall state in writing any conditions of approval or reasons for rejection. Approval or disapproval of such plans and specifications shall not be contingent upon eligibility of such project for federal aid. The time period for review may be extended by agreement with the owner if the plans and specifications cannot be reviewed within the specified time limitation due to circumstances beyond the control of the department or in the case of extensive installation involving expenditures of $350,000 $1,000,000 or more. The extension shall not exceed 6 months. Failure of the department or its authorized representative to act before the expiration of the time period allowed for review shall constitute an approval of the plans, and upon demand a written certificate of approval shall be issued. Approval may be subject to modification by the department upon due notice. Construction or material change shall be according to approved plans only. The department may disapprove plans which are not in conformance with any existing approved areawide waste treatment management plan prepared pursuant to the federal water pollution control act, P.L. 92-500, as amended, and shall disapprove plans that do not meet the grounds for approval specified under s. 144.026 (5) (d), if applicable. The department shall require each person whose plans are approved under this section to report that person's volume and rate of water withdrawal, as defined under s. 144.026 (1) (m), and that person's volume and rate of water loss, as defined under s. 144.026 (1) (L), if any, in the form and at the times specified by the department.

AB150, s. 4213 Section 4213. 144.21 (6) (b) 1. of the statutes is amended to read:

AB150,1465,11 144.21 (6) (b) 1. These payments shall may not exceed 50% of the approved project in conjunction with the state program of advancement in anticipation of federal reimbursement under sub. (2). To provide for the financing of pollution prevention and abatement facilities, the natural resources board secretary, with the approval of the governor, subject to the limits of s. 20.866 (2) (tm) may direct that state debt be contracted as set forth in subd. 2. and subject to the limits set therein. Said The debts shall be contracted for in the manner and form as that the legislature hereafter prescribes.

AB150, s. 4214 Section 4214. 144.24 (7) (c) 1. of the statutes is amended to read:

AB150,1465,19 144.24 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are limited in each fiscal year to receiving total grant awards not to exceed 33% of the sum of the amounts in the schedule for that fiscal year for the appropriation under s. 20.445 (1) 20.143 (3) (de) and the amount authorized under sub. (10) for that fiscal year plus the unencumbered balance at the end of the preceding fiscal year for the amount authorized under sub. (10). This subdivision is not applicable to grant awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.

AB150, s. 4215 Section 4215. 144.241 (1) (a) of the statutes is repealed.

AB150, s. 4216 Section 4216. 144.241 (1) (c) of the statutes is repealed.

AB150, s. 4217 Section 4217. 144.241 (1) (cm) of the statutes is created to read:

AB150,1465,25 144.241 (1) (cm) "Median household income" means median household income determined by the U.S. bureau of the census as adjusted by the department to reflect changes in household income since the most recent federal census.

AB150, s. 4218 Section 4218. 144.241 (1) (cs) of the statutes is created to read:

AB150,1466,6 144.241 (1) (cs) "Residential user" means a structure or part of a structure, including a mobile home, that is used primarily as a home, residence or sleeping place by one person or 2 or more persons maintaining a common household and that uses a publicly owned treatment work. "Residential user" does not include an institutional, commercial, industrial or governmental facility.

AB150, s. 4219 Section 4219. 144.241 (2) of the statutes is amended to read:

AB150,1466,9 144.241 (2) Rules. The department shall promulgate rules that are necessary for the proper execution of its responsibilities under this section.

AB150, s. 4220 Section 4220. 144.241 (3m) (a) of the statutes is amended to read:

AB150,1466,14 144.241 (3m) (a) A list of wastewater treatment projects that the department estimates will receive notices of financial assistance commitment under sub. (15) apply for financial assistance under this section and s. 144.2415 during the next biennium.

AB150, s. 4221 Section 4221. 144.241 (3m) (c) of the statutes is amended to read:

AB150,1466,17 144.241 (3m) (c) The estimated rank of each project on the priority list under sub. (10) (8e).

AB150, s. 4222 Section 4222. 144.241 (6) (a) (intro.) of the statutes is amended to read:

AB150,1466,21 144.241 (6) (a) (intro.) The department and the department of administration may determine whether a municipality is eligible for financial assistance under this section and s. 144.2415 for any of the following:

AB150, s. 4223 Section 4223. 144.241 (6) (b) (intro.) of the statutes is amended to read:

AB150,1466,25 144.241 (6) (b) (intro.) In approving financial assistance, the department and the department of administration may use the following methods of providing financial assistance:

AB150, s. 4224 Section 4224. 144.241 (6) (b) 5. of the statutes is amended to read:

AB150,1467,3 144.241 (6) (b) 5. Providing financial hardship assistance no-interest loans under sub. (13) from the account under s. 25.43 (2) (b).

AB150, s. 4225 Section 4225. 144.241 (8) (f) of the statutes is repealed.

AB150, s. 4226 Section 4226. 144.241 (8) (g) of the statutes is amended to read:

AB150,1467,9 144.241 (8) (g) The sum of all of the financial assistance to a municipality approved under this section and s. 144.2415, except financial assistance under sub. (13m), for a project may not result in the municipality paying less than 30% of the cost of the project.

AB150, s. 4227 Section 4227. 144.241 (8) (h) of the statutes is amended to read:

AB150,1467,19 144.241 (8) (h) Except as provided in par. (k) or (m), a municipality that is a violator of an effluent limitation at the time that the notice of financial assistance commitment is given the application for a treatment work project is approved under sub. (9m) may not receive financial assistance of a method specified under sub. (6) (b) 1., 2., 3., 4. or 5. for that part of a the treatment work project that is needed to correct the violation. This paragraph does not apply to a municipality that after May 17, 1988, is in compliance with a court or department order to correct a violation of the enforceable requirements of its ch. 147 permit, and that is applying for financial assistance under s. 144.2415 (13) to correct that violation.

AB150, s. 4228 Section 4228. 144.241 (8) (j) of the statutes is repealed.

AB150, s. 4229 Section 4229. 144.241 (8) (k) (intro.) of the statutes is amended to read:

AB150,1467,23 144.241 (8) (k) (intro.) The restrictions specified under par. (b) 1. and 2., (c), (f) or (h) do not apply to any of the following methods of financial assistance:

AB150, s. 4230 Section 4230. 144.241 (8) (m) of the statutes is repealed.

AB150, s. 4231 Section 4231. 144.241 (8m) of the statutes is created to read:

AB150,1468,5 144.241 (8m) Notice of intent to apply. (a) A municipality shall submit notice to the department of its intent to apply for financial assistance under this section and s. 144.2415 in a year no later than December 31 of the preceding year. The notice shall be in a form prescribed by the department and the department of administration.

AB150,1468,9 (b) If a municipality does not apply for financial assistance under this section and s. 144.2415 by December 31 of the 2nd year following the year in which it submitted notice under par. (a), the municipality shall submit a new notice under par. (a).

AB150,1468,11 (c) The department may waive par. (a) or (b) upon the written request of a municipality.

AB150, s. 4232 Section 4232. 144.241 (8s) of the statutes is created to read:

AB150,1468,15 144.241 (8s) Facility plan. A municipality seeking financial assistance for a project under this section, except for a municipality seeking a capital cost loan, shall complete a facility plan as required by the department by rule.

AB150, s. 4233 Section 4233. 144.241 (9) (a) of the statutes is amended to read:

AB150,1468,25 144.241 (9) (a) A After the department approves a municipality's facility plan submitted under sub. (8s), the municipality which desires to participate in the program under this section and s. 144.2415 shall submit an application for participation to the department. The application shall be in such form and include such information as the department and the department of administration prescribe. The department shall review applications for participation in the program under this section and s. 144.2415. The department shall determine which applications meet the eligibility requirements and criteria under subs. (6), (7), (8), (10) and (8m) and, before July 1, 1997, sub. (13).

AB150, s. 4234 Section 4234. 144.241 (9) (am) of the statutes is created to read:

AB150,1469,4 144.241 (9) (am) A municipality may not submit more than one application under par. (a) in any 12-month period except that this paragraph does not apply to applications for financial assistance for additional costs of an approved project.

AB150, s. 4235 Section 4235. 144.241 (9) (b) of the statutes is amended to read:

AB150,1469,9 144.241 (9) (b) A municipality seeking financial assistance, except for a municipality seeking a capital cost loan, for a project under this section and s. 144.2415 shall complete a staged facility plan, design plans and specifications and an environmental analysis sequence as required by the department by rule.

AB150, s. 4236 Section 4236. 144.241 (9m) of the statutes is created to read:

AB150,1469,13 144.241 (9m) Acceptance of application; allocation of funding. (a) Subject to pars. (c) and (d), the department of administration shall notify a municipality that its application under sub. (9) (a) is approved after all of the following occur:

AB150,1469,15 1. The department of natural resources determines that the project meets the eligibility requirements and criteria under subs. (7), (8), (8m) and (8s).

AB150,1469,17 2. The department of administration initially determines that the municipality will meet the requirements of s. 144.2415 (9) (b).

AB150,1469,21 (e) 1. If a sufficient amount of subsidy is available under s. 144.2415 (3) (d) for the municipality's project, based on the calculation under s. 144.2415 (3) (i), when the department of administration notifies the municipality under par. (a), the department of administration shall do all of the following:

AB150,1469,22 a. Allocate that amount to the project.

AB150,1469,25 b. Inform the municipality, as part of the notification under par. (a), of the date by which complete plans and specifications for the project must be submitted to the department of natural resources.

AB150,1470,3 2. If the municipality fails to submit complete plans and specifications by the date required under subd. 1. b., the department of administration shall release the amount of subsidy allocated for the project.

AB150,1470,11 3. The department of administration shall promulgate, by rule, a method for determining a deadline by which a municipality that has been allocated subsidy must enter into a financial assistance agreement under s. 144.2415 (11) (a). The rules may provide for extending the deadline under specified conditions. If a municipality fails to enter into a financial assistance agreement by the deadline determined under the rules, including any extension, the department of administration shall release the amount of subsidy allocated to the municipality's project.

AB150,1470,15 (f) If a sufficient amount of subsidy is not available under s. 144.2415 (3) (d) for the municipality's project when the department of administration notifies the municipality under par. (a), the department shall place the project on a list for allocation when additional subsidy becomes available.

AB150, s. 4237 Section 4237. 144.241 (10) (title) of the statutes is renumbered 144.241 (8e) (title).

AB150, s. 4238 Section 4238. 144.241 (10) (a) of the statutes is renumbered 144.241 (8e), and 144.241 (8e) (intro.), as renumbered, is amended to read:

AB150,1470,22 144.241 (8e) (intro.) The department shall establish a priority list under in accordance with 33 USC 1381 to 1387 which ranks each project. The ranking on the priority list shall be based on all of the following:

AB150, s. 4239 Section 4239. 144.241 (10) (b) of the statutes is repealed.

AB150, s. 4240 Section 4240. 144.241 (10) (c) to (f) of the statutes are repealed.

AB150, s. 4241 Section 4241. 144.241 (11) (title), (a) and (b) of the statutes are amended to read:

AB150,1471,7 144.241 (11) (title) Approval Type of financial assistance. (a) The department of administration shall specify the method by which financial assistance is to be provided for each approved application that it approves. The methods by which the department may provide financial assistance are the methods specified under sub. (6) (b).

AB150,1471,14 (b) For municipalities meeting the financial hardship assistance requirements under sub. (13), the department of natural resources may approve financial hardship assistance and shall specify the method by which it will provide financial hardship assistance, including but not limited to a combination of loans at or below the market rate and grants, deferred payment loans, state payment of the loan for a number of years, or longer amortization periods before July 1, 1997, and the department of administration may approve financial hardship assistance after June 30, 1997.

AB150, s. 4242 Section 4242. 144.241 (11) (c) of the statutes is renumbered 144.241 (9m) (d) and amended to read:

AB150,1471,19 144.241 (9m) (d) The department of administration may not approve financial assistance under this section and s. 144.2415 provide notice under par. (a) for a project that is not on the priority list under sub. (10) (a) (8e).

AB150, s. 4243 Section 4243. 144.241 (11) (d) of the statutes is renumbered 144.241 (9m) (g) and amended to read:

AB150,1471,25 144.241 (9m) (g) In approving financial assistance under this section and s. 144.2415 allocating subsidy under this subsection, the department of administration shall adhere to the amount approved by the legislature for each biennium under s. 144.2415 (3) (d).

AB150, s. 4244 Section 4244. 144.241 (12) (a) 1. of the statutes is amended to read:

AB150,1472,3 144.241 (12) (a) 1. Tier 1 projects are those projects specified in sub. (7) (b) 1. and 2., except as restricted by sub. (8) (b), (c), (f) or (h).