AB150: Bill Text

AB150, s. 4273 Section 4273. 144.2415 (3) (a) 9. of the statutes is amended to read:

AB150,1477,2 144.2415 (3) (a) 9. The impact of the biennial finance plan on the guidelines guideline under par. (b).

AB150, s. 4274 Section 4274. 144.2415 (3) (b) (intro.) and 2. of the statutes are consolidated, renumbered 144.2415 (3) (b) and amended to read:

AB150,1477,9 144.2415 (3) (b) The department of administration and the department shall consider the following as guidelines as a guideline in preparing the biennial finance plan: 2. That that all state water pollution abatement general obligation debt service costs should not exceed 50% of all general obligation debt service costs to the state.

AB150, s. 4275 Section 4275. 144.2415 (3) (b) 1. of the statutes is repealed.

AB150, s. 4276 Section 4276. 144.2415 (3) (bm) 1. to 3. of the statutes are amended to read:

AB150,1477,13 144.2415 (3) (bm) 1. By October 1 of each even-numbered year, the version of the biennial finance plan initially prepared as part of the budget process.

AB150,1477,17 2. No later than 30 days after the day on which the biennial budget is submitted to the legislature under s. 16.45, the version of amendments to the biennial finance plan that contains update the plan to reflect material approved by the governor for inclusion in the budget.

AB150,1477,20 3. No later than 30 days after the day on which the governor signs the biennial budget, a version of amendments to the biennial finance plan, updated that update the plan to reflect the adopted biennial budget act.

AB150, s. 4277 Section 4277. 144.2415 (3) (br) of the statutes is amended to read:

AB150,1478,6 144.2415 (3) (br) The joint committee on finance and each standing committee may submit to the building commission its recommendations and comments regarding each version of the biennial finance plan and amendments to the biennial finance plan, and whether the version of the biennial finance plan updated to with amendments that reflect the adopted biennial budget act should be approved or disapproved as specified under s. 13.48 (26). If the building commission disapproves the version of the biennial finance plan that is updated to with amendments that reflect the adopted biennial budget act, the department and the department of administration shall submit a revised additional biennial finance plan amendments to the building commission.

AB150, s. 4278 Section 4278. 144.2415 (3) (c) (intro.) and 1. of the statutes are amended to read:

AB150,1478,12 144.2415 (3) (c) (intro.) No moneys from the clean water fund may be expended in a biennium until the legislature reviews and approves all of the following, either in 1989 Wisconsin Act 366 for the 1989-91 biennium or as part of the biennial budget act for any other the biennium:

AB150,1478,15 1. An amount that is specified for that biennium under par. (d) and , for any biennium after the 1989-91 biennium, is based on the amount included in the biennial finance plan under par. (a) 6.

AB150, s. 4279 Section 4279. 144.2415 (3) (d) 1. and 3. of the statutes are amended to read:

AB150,1478,18 144.2415 (3) (d) 1. Equal to $115,800,000 $80,000,000 during the 1993-95 1995-97 biennium.

AB150,1478,19 3. Equal to $1,000 for any biennium after the 1993-95 1995-97 biennium.

AB150, s. 4280 Section 4280. 144.2415 (3) (dm) of the statutes is created to read:

AB150,1479,2 144.2415 (3) (dm) The department of administration may allocate amounts approved under par. (d) as the present value of subsidies for financial assistance under this section and s. 144.241, including financial hardship assistance and assistance for the additional costs of approved projects. The department of administration may allocate amounts from the amount approved under par. (d) for a biennium until June 30 of the fiscal year immediately following the biennium.

AB150, s. 4281 Section 4281. 144.2415 (3) (e) of the statutes is repealed.

AB150, s. 4282 Section 4282. 144.2415 (3) (f) of the statutes is repealed.

AB150, s. 4283 Section 4283. 144.2415 (3) (g) of the statutes is repealed.

AB150, s. 4284 Section 4284. 144.2415 (3) (i) of the statutes is amended to read:

AB150,1479,11 144.2415 (3) (i) Using the amount approved under par. (d) as a base, the department of administration and the department shall calculate the present value of the actual subsidy of each clean water fund loan or grant to be made for those projects in each biennium that are approved for financial assistance by the 2 departments. The present value shall be discounted as provided under par. (a) 6.

AB150, s. 4285 Section 4285. 144.2415 (3) (j) of the statutes is amended to read:

AB150,1479,18 144.2415 (3) (j) No later than November 1 of each odd-numbered year, the department of administration and the department jointly shall submit a report, to the building commission and committees as required under par. (bm), on the implementation of the amount established under par. (d) as required under s. 144.241 (11) (d) (9m) (e), and on the operations and activities of the clean water fund program for the previous biennium.

AB150, s. 4286 Section 4286. 144.2415 (9) (a) of the statutes is amended to read:

AB150,1479,25 144.2415 (9) (a) A loan approved under this section and s. 144.241 shall be for no longer than 20 years, as determined by the department of administration and the department, be fully amortized not later than 20 years after the original date of the note, and require the repayment of principal and interest, if any, to begin not later than 12 months after the expected date of completion of the project that it funds, as determined by the department of administration and the department.

AB150, s. 4287 Section 4287. 144.2415 (9) (am) of the statutes is amended to read:

AB150,1480,11 144.2415 (9) (am) The department of administration, in consultation with the department, may establish those terms and conditions of a financial assistance agreement that relate to its financial management, including what type of municipal obligation, as set forth under s. 66.36, is required for the repayment of the financial assistance. Any terms and conditions established under this paragraph by the department of administration shall comply with the requirements of this section and s. 144.241. In setting such terms and conditions, the department of administration may consider factors that the department of administration finds are relevant, including the type of municipal obligation evidencing the loan or a, the pledge of security for the municipal obligation and the municipality's creditworthiness.

AB150, s. 4288 Section 4288. 144.2415 (11) (a) and (am) of the statutes are amended to read:

AB150,1480,19 144.2415 (11) (a) The department of administration may enter into a financial assistance agreement with a municipality for which the department issues a notice of financial assistance commitment under this section of administration has allocated subsidy under s. 144.241 (9m) if the municipality meets the condition conditions under sub. (9) and s. 144.241 (14) (b) 8. and the other requirements established by the department and the department of administration under this section and s. 144.241.

AB150,1480,22 (am) The department of administration shall make the financial assistance payments to a municipality with which the department it has entered into a financial assistance agreement under par. (a) or to the municipality's designated agent.

AB150, s. 4289 Section 4289. 144.2415 (11) (c) of the statutes is amended to read:

AB150,1481,3 144.2415 (11) (c) The department of administration may not make retain the last payment under a financial assistance agreement until the department of natural resources and the department of administration determine that the project is completed and meets all the applicable requirements of the this section and s. 144.241 and that the conditions of the financial assistance agreement are met.

AB150, s. 4290 Section 4290. 144.2415 (12) of the statutes is amended to read:

AB150,1481,10 144.2415 (12) Municipal obligations. The department of administration may purchase or refinance obligations specified in s. 144.241 (6) (b) 1. or 2. and guarantee or purchase insurance for municipal obligations specified in s. 144.241 (6) (b) 3. if the department approves of administration and the department of natural resources approve the financial assistance under this section and s. 144.241 and gives a notice of financial assistance commitment under this section.

AB150, s. 4291 Section 4291. 144.2415 (13) (a) 1. of the statutes is amended to read:

AB150,1481,22 144.2415 (13) (a) 1. Notwithstanding any other provision of this section and s. 144.241, a municipality that submits to the department by January 2, 1989, a facility plan meeting the requirements of s. 144.24 which is approvable under this chapter and that does not receive a grant award before July 1, 1990, only because the municipality is following a schedule contained in the facility plan and approved by the department and the municipality is in compliance with all applicable schedules contained in a permit issued under ch. 147 or because there are insufficient grant funds under s. 144.24, is eligible to receive financial assistance under this paragraph. The form of the financial assistance is a loan with an interest rate of 2.5% per year except that s. 144.241 (8) (b), (f) and (k) applies to projects receiving financial assistance under this paragraph.

AB150, s. 4292 Section 4292. 144.2415 (13) (b) 2. of the statutes is amended to read:

AB150,1481,25 144.2415 (13) (b) 2. Section 144.241 (8) (b), (f) and (k) applies to projects receiving financial assistance under this paragraph.

AB150, s. 4293 Section 4293. 144.2415 (13s) of the statutes is created to read:

AB150,1482,3 144.2415 (13s) Powers. The department of administration may do any of the following:

AB150,1482,5 (a) Audit, or contract for audits of, projects receiving financial assistance under this section and s. 144.241.

AB150,1482,9 (b) Contract for the determination, under s. 144.241 (14) (b) 7., of whether systems of user fees are equitable, ensure that each recipient pays its proportionate share of costs and comply with 33 USC 1284 (b) and regulations promulgated thereunder.

AB150, s. 4294 Section 4294. 144.2415 (14) of the statutes is amended to read:

AB150,1482,13 144.2415 (14) Rules. The department of administration shall promulgate rules that are necessary for the proper execution of this section and of its responsibilities under s. 144.241.

AB150, s. 4295 Section 4295. 144.25 (3) (at) of the statutes is amended to read:

AB150,1482,17 144.25 (3) (at) Review rules drafted under this section and make recommendations regarding the rules before final approval of the rules by the natural resources board secretary.

AB150, s. 4296 Section 4296. 144.25 (4) (g) 9. of the statutes is amended to read:

AB150,1482,20 144.25 (4) (g) 9. Complete the planning process in all priority watersheds by December 31, 2000 2015.

AB150, s. 4297 Section 4297. 144.25 (4) (j) of the statutes is amended to read:

AB150,1483,2 144.25 (4) (j) A governmental unit may use a grant under this section for training required under s. 92.18 or for any other training necessary to prepare personnel to perform job duties related to this section. The department may contract with any person from the appropriations under s. 20.370 (4) (cc) and (cq) for services to administer or implement this chapter, including information and education and training.

AB150, s. 4298 Section 4298. 144.25 (4) (t) of the statutes is amended to read:

AB150,1483,7 144.25 (4) (t) Transfer funds from the appropriation account under s. 20.370 (4) (cc) or (cq) (6) (aa) or (aq) to the appropriation account under s. 20.115 (7) (km) at the request of the department of agriculture, trade and consumer protection, after the land and water conservation board approves the transfer, under s. 92.14 (5) (b).

AB150, s. 4299 Section 4299. 144.25 (4g) of the statutes is created to read:

AB150,1483,11 144.25 (4g) The department may contract with any person from the appropriations under s. 20.370 (6) (aa) and (at) for services to administer or implement this section, including information and education and training services.

AB150, s. 4300 Section 4300. 144.25 (8) (cm) of the statutes is amended to read:

AB150,1483,16 144.25 (8) (cm) Grants may be provided from the appropriations under s. 20.370 (4) (cc) and (cq) (6) (aa) and (aq) to applicants for projects affecting priority lakes if the projects are in conformance with areawide water quality management plans and the purposes specified under sub. (1).

AB150, s. 4301 Section 4301. 144.253 (3) (a) of the statutes is amended to read:

AB150,1483,22 144.253 (3) (a) Eligible recipients to consist of nonprofit conservation organizations, as defined in s. 23.0955 (1), counties, cities, towns, villages, qualified lake associations, town sanitary districts, public inland lake protection and rehabilitation districts and other local governmental units, as defined in s. 66.299 (1) (a), that are established for the purpose of lake management.

AB150, s. 4302 Section 4302. 144.254 (2) of the statutes is amended to read:

AB150,1484,3 144.254 (2) The department may provide a grant under this section for up to 50% of the cost of a lake management project but may not provide more than $100,000 per grant.

AB150, s. 4303 Section 4303. 144.266 (2) of the statutes is amended to read:

AB150,1484,14 144.266 (2) State storm water management plan. The department, in consultation with the department of industry, labor and human relations development, shall promulgate by rule a state storm water management plan. This state plan is applicable to activities contracted for or conducted by any agency, as defined under s. 227.01 (1) but also including the office of district attorney, unless that agency enters into a memorandum of understanding with the department of natural resources in which that agency agrees to regulate activities related to storm water management. The department shall coordinate the activities of agencies, as defined under s. 227.01 (1), in storm water management and make recommendations to these agencies concerning activities related to storm water management.

AB150, s. 4304 Section 4304. 144.31 (1) (f) (intro.) of the statutes is amended to read:

AB150,1484,25 144.31 (1) (f) (intro.) Prepare and develop one or more comprehensive plans for the prevention, abatement and control of air pollution in this state. The department thereafter shall be responsible for the revision and implementation of the plans. The rules or control strategies submitted to the federal environmental protection agency under the federal clean air act for control of atmospheric ozone shall conform with the federal clean air act unless, based on the recommendation of the natural resources board secretary or the head of the department, as defined in s. 15.01 (8), of any other department, as defined in s. 15.01 (5), that promulgates a rule or establishes a control strategy, the governor determines that measures beyond those required by the federal clean air act meet any of the following criteria:

AB150, s. 4305 Section 4305. 144.389 (1) (intro.) and (b) of the statutes are consolidated, renumbered 144.389 (1) and amended to read:

AB150,1485,4 144.389 (1) (title) Definitions Definition. In this section: (b) "Major, "major utility" has the meaning given under in s. 144.386 (1) (f)

AB150, s. 4306 Section 4306. 144.389 (1) (a) of the statutes is repealed.

AB150, s. 4307 Section 4307. 144.389 (3) of the statutes is repealed.

AB150, s. 4308 Section 4308. 144.391 (1) (b) of the statutes is renumbered 144.391 (1) (b) 1. and amended to read:

AB150,1485,11 144.391 (1) (b) 1. Except as provided in subd. 2., par. (a) 2. or, sub. (6) or s. 144.3925 (7), no person may operate a new source or a modified source unless the person has an operation permit under s. 144.3925 from the department.

AB150, s. 4309 Section 4309. 144.391 (1) (b) 2. of the statutes is created to read:

AB150,1485,17 144.391 (1) (b) 2. A person may continue to operate a new source or a modified source for which the department issued a permit under s. 144.392, 1989 stats., on or before November 15, 1992, but on which construction, reconstruction, replacement or modification began after November 15, 1992, but the person shall apply for an operation permit under s. 144.3925 no later than March 1, 1996.

AB150, s. 4310 Section 4310. 144.391 (2) (a) of the statutes is amended to read:

AB150,1485,22 144.391 (2) (a) Operation permit requirement. Except as provided in sub. (6) or s. 144.3925 (7), no person may operate an existing source after the operation permit requirement date specified under s. 144.374 (1) unless the person has an operation permit under s. 144.3925 from the department.

AB150, s. 4311 Section 4311. 144.391 (4m) of the statutes is amended to read:

AB150,1486,15 144.391 (4m) Permit flexibility. The department shall allow a person to make a change to an existing a stationary source that has an operation permit, or for which the person has submitted a timely and complete application for an operation permit, for which the department would otherwise first require an operation permit revision, without first requiring a revision of the operation permit if the change is not a modification, as defined by the department by rule, and the change will not cause the existing stationary source to exceed the emissions allowable under the operation permit, whether expressed as an emission rate or in terms of total emissions. Except in the case of an emergency, a person shall notify the department and, for permits required under the federal clean air act, the administrator of the federal environmental protection agency in writing at least 21 days before the date on which the person proposes to make a change to an existing a stationary source under this subsection. A person may not make a proposed change to an existing a stationary source if the department informs the person before the end of that 21-day period that the proposed change is not a change authorized under this subsection. The department shall promulgate rules establishing a shorter time for advance notification of changes under this subsection in case of emergency.

AB150, s. 4312 Section 4312. 144.3925 (6) (b) and (7) of the statutes are amended to read:

AB150,1486,23 144.3925 (6) (b) The department shall approve or deny the operation permit application for a new source or modified source. The department shall issue the operation permit for a new source or modified source if the criteria established under s. ss. 144.393 and 144.3935 are met. The department shall issue an operation permit for a new source or modified source or deny the application within 180 days after the permit applicant submits to the department the results of all equipment testing and emission monitoring required under the construction permit.

AB150,1487,4 (7) Operation continued during application. If a person timely submits a complete application for an existing a stationary source under sub. (1) and submits any additional information requested by the department within the time set by the department, the existing stationary source may not be required to discontinue operation and the person may not be prosecuted for lack of an operation permit until the department acts under sub. (6).

AB150, s. 4313 Section 4313. 144.3935 (title) and (1) of the statutes are amended to read:

AB150,1487,12 144.3935 (title) Criteria for operation permits for existing stationary sources. (1) Issuance to sources not in compliance; federal objection. (a) Notwithstanding s. 144.393, the department may issue an operation permit for an existing a stationary source that does not comply with the requirements in the operation permit, in the federal clean air act, in an implementation plan under s. 144.31 (1) (f) or in s. 144.393 when the operation permit is issued if the operation permit includes all of the following:

AB150,1487,16 1. A compliance schedule that sets forth a series of remedial measures that the owner or operator of the existing stationary source must take to comply with the requirements with which the existing stationary source is in violation when the operation permit is issued.

AB150,1487,20 2. A requirement that, at least once every 6 months, the owner or operator of the existing stationary source submit reports to the department concerning the progress in meeting the compliance schedule and the requirements with which the existing stationary source is in violation when the operation permit is issued.

AB150,1487,25 (b) Notwithstanding par. (a) and s. 144.393, the department may not issue an operation permit to an existing a stationary source if the federal environmental protection agency objects to the issuance of the operation permit as provided in s. 144.3925 (5m) unless the department revises the operation permit to meet the objection.

AB150, s. 4314 Section 4314. 144.396 (3) (c) of the statutes is created to read: