SB77: Bill Text

SB77,1510,2 295.20 (2) (a) A county, city, village or town may not by zoning, rezoning, granting a variance, or other official action or inaction, permit the erection of permanent structures upon, or otherwise permit the use of, any registered nonmetallic mineral deposit or registered buffer area land, while a registration under this section is in effect for that land, in a manner that would permanently interfere with the present or future extraction of the nonmetallic mineral deposit or maintenance of the buffer area that is located on the land.

SB77, s. 3782 Section 3782. 295.20 (2) (b) of the statutes is created to read:

SB77,1510,7 295.20 (2) (b) 1. A county, city, village or town may enact an ordinance changing the zoning of land that is registered under this section if the ordinance is necessary to implement a master plan, comprehensive plan or land use plan that was adopted at least one year before the rezoning.

SB77,1510,11 2. A zoning change authorized by subd. 1. does not apply to the registered land during the registration period in effect when the zoning ordinance takes effect or during the 10-year renewal period under sub. (4) (e) or (f) if the land is eligible for that renewal.

SB77,1510,13 3. A zoning change authorized by subd. 1. prevents the registration of the land after the period under subd. 2.

SB77, s. 3783 Section 3783. 295.20 (3) (a) and (b) of the statutes are amended to read:

SB77,1510,16 295.20 (3) (a) A use of land permissible under a zoning ordinance in effect on the day before a mineral deposit or buffer area is registered under sub. (1).

SB77,1510,20 (b) Acquisition of a registered nonmetallic mineral deposit or registered buffer area by a county, city, village or town or other governmental unit for a public purpose if the use of the land does not permanently interfere with the extraction of nonmetallic minerals or maintenance of the buffer area.

SB77, s. 3784 Section 3784. 295.20 (4) of the statutes is created to read:

SB77,1510,23 295.20 (4) Rules. The department shall promulgate rules that contain all of the following:

SB77,1510,24 (a) A definition of "marketable nonmetallic mineral deposit".

SB77,1511,2 (b) Procedures and requirements for registering marketable nonmetallic mineral deposits under sub. (1).

SB77,1511,4 (c) Procedures and criteria for objecting to the proposed registration of a nonmetallic mineral deposit.

SB77,1511,6 (d) Procedures for terminating the registration of land under this section when there is no longer a marketable nonmetallic mineral deposit on the land.

SB77,1511,9 (e) Procedures and criteria for renewing the registration of land under sub. (1). The rules shall allow renewal for one 10-year period without review of the marketability of the deposit or the zoning of the land.

SB77,1511,11 (f) Procedures and criteria for renewing the registration of land under sub. (1m).

SB77, s. 3785 Section 3785. 299.05 of the statutes is created to read:

SB77,1511,18 299.05 Permit guarantee program. (1) The department shall promulgate rules under which the department refunds fees paid by an applicant for a license, permit or other approval that is issued under ss. 30.10 to 30.205 or 30.21 to 30.27 or chs. 280 to 295 and that is of a type specified in the rule if the department fails to make a determination on the application within the time limit specified in the rule for that type of license, permit or other approval.

SB77,1511,20 (2) The department shall specify at least the following types of licenses, permits and other approvals in the rules under sub. (1):

SB77,1511,21 (a) Permits and other approvals under ss. 30.10 to 30.205 and 30.21 to 30.27.

SB77,1511,22 (b) Approvals under s. 281.17 (1).

SB77,1511,23 (c) Permits under subch. IV of ch. 283.

SB77,1511,24 (d) Permits under subch. VII of ch. 285.

SB77,1511,25 (e) Licenses under subch. III of ch. 289.

SB77,1512,1 (f) Licenses issued under subch. IV of ch. 291.

SB77, s. 3786 Section 3786. 299.07 of the statutes is created to read:

SB77,1512,7 299.07 License denial, nonrenewal and revocation based on tax delinquency. (1) (a) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

SB77,1512,8 1. A registration under s. 280.15.

SB77,1512,9 2. A certification under s. 281.17 (3).

SB77,1512,10 3. A license or certification under s. 281.48 (3).

SB77,1512,11 4. A certification under s. 285.51 (2).

SB77,1512,12 5. A certification under s. 289.42 (1).

SB77,1512,13 6. A license under s. 291.23.

SB77,1512,14 7. A license under s. 293.21.

SB77,1512,15 8. A license under s. 293.25 (2).

SB77,1512,16 9. A permit under s. 293.45.

SB77,1512,17 10. A license under s. 295.33.

SB77,1512,19 (b) The department may not disclose any information received under par. (a) to any person except as follows:

SB77,1512,21 1. To the department of revenue for the purpose of requesting certifications under s. 73.0301.

SB77,1512,24 2. If the department is required to obtain the information under s. 299.08 (1) (a), to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

SB77,1513,5 (2) The department shall deny an application for the issuance or renewal of a license, registration or certification specified in sub. (1) (a), or shall revoke a license, registration or certification specified in sub. (1) (a), if the department of revenue certifies under s. 73.0301 that the applicant or holder of the license, registration or certification is liable for delinquent taxes.

SB77, s. 3787 Section 3787. 299.08 of the statutes is created to read:

SB77,1513,10 299.08 License denial, nonrenewal, suspension or restriction based on failure to pay support. (1) (a) The department shall require each applicant who is an individual to provide the department with the applicant's social security number as a condition of issuing or renewing any of the following:

SB77,1513,11 1. A registration under s. 280.15.

SB77,1513,12 2. A certification under s. 281.17 (3).

SB77,1513,13 3. A license or certification under s. 281.48 (3).

SB77,1513,14 4. A certification under s. 285.51 (2).

SB77,1513,15 5. A certification under s. 289.42 (1).

SB77,1513,16 6. A license under s. 291.23.

SB77,1513,17 7. A license under s. 299.51 (3) (c).

SB77,1513,19 (b) The department may not disclose any information received under par. (a) to any person except as follows:

SB77,1513,21 1. To the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

SB77,1513,24 2. If the department is required to obtain the information under s. 299.07 (1) (a), to the department of revenue for the purpose of requesting certifications under s. 73.0301.

SB77,1514,6 (2) The department shall deny an application for the issuance or renewal of a license, registration or certification specified in sub. (1) (a), or shall suspend a license, registration or certification specified in sub. (1) (a) for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as required in a memorandum of understanding under s. 49.857.

SB77, s. 3788 Section 3788. 299.71 of the statutes is created to read:

SB77,1514,10 299.71 Environmental performance council. (1) The environmental performance council shall advise the secretary of natural resources and the governor concerning all of the following:

SB77,1514,13 (a) Ways to integrate this state's efforts related to environmental management systems with national and international activities related to environmental management systems.

SB77,1514,15 (b) The development of incentives to promote superior environmental performance by businesses and local governments.

SB77,1514,18 (c) Ways that the public sector and the private sector can work together to make the most effective use of resources to enhance environmental performance and the competitiveness of this state's businesses.

SB77,1514,20 (d) Ways to ensure that this state's methods of environmental regulation comply with federal law.

SB77,1514,23 (e) The development of a method for certifying environmental management systems that is compatible with standards issued by the International Organization for Standardization.

SB77,1515,3 (f) The evaluation of projects designed to demonstrate the effectiveness of environmental management systems, efforts to provide the public with more information about environmental matters and granting environmental regulatory flexibility in improving environmental performance by businesses and local governments.

SB77,1515,6 (g) State policies, rules and programs that would enhance the competitiveness of this state's businesses and opportunities for this state's businesses and residents through improvements in environmental performance and the quality of products.

SB77,1515,9 (2) The department of administration, the department of commerce, the department of natural resources and the University of Wisconsin System may designate staff to support the activities of the environmental performance council.

SB77,1515,12 (3) The environmental performance council shall submit a report on its activities annually to the legislature under s. 13.172 (2), to the secretary and to the governor.

SB77, s. 3789 Section 3789. 299.80 of the statutes is created to read:

SB77,1515,15 299.80 Environmental cooperation pilot program. (1) Definitions. In this section:

SB77,1515,17 (a) "Approval" means a permit, license or other approval issued by the department under chs. 280 to 295.

SB77,1515,18 (b) "Cooperative agreement" means an agreement entered into under sub. (6).

SB77,1515,23 (c) "Environmental management system" means an organized set of procedures implemented by the owner or operator of a facility to evaluate the environmental performance of the facility and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in the facility's operations.

SB77,1516,3 (d) "Environmental performance" means the effects, whether regulated under chs. 280 to 295 or unregulated, of a facility on air, water, land, natural resources and human health.

SB77,1516,5 (e) "Facility" means all buildings, equipment and structures located on a single parcel or on adjacent parcels that are owned or operated by the same person.

SB77,1516,8 (f) "Interested person" means a person who is or may be affected by the activities at a facility that is covered or proposed to be covered by a cooperative agreement.

SB77,1516,14 (g) "Performance evaluation" means a systematic, documented and objective review, conducted by or on behalf of the owner or operator of a facility, of the environmental performance of the facility, including an evaluation of compliance with the cooperative agreement covering the facility, approvals that are not replaced by the cooperative agreement and the provisions of chs. 280 to 295 and rules promulgated under those chapters for which a variance is not granted under sub. (4).

SB77,1516,15 (h) "Pollutant" means any of the following:

SB77,1516,19 1. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt or industrial, municipal or agricultural waste discharged into water or onto land.

SB77,1516,22 2. Any dust, fumes, mist, liquid, smoke, other particulate matter, vapor, gas, odorous substances or any combination of those things emitted into the air, but not uncombined water vapor.

SB77,1517,2 (i) "Violation" means a violation of a cooperative agreement, of an approval that is not replaced by the cooperative agreement or of a provision of chs. 280 to 295 and rules promulgated under those chapters for which a participant has not received a variance under sub. (4).

SB77,1517,6 (2) Pilot program. The department shall administer a pilot program under which it enters into not more than 10 cooperative agreements to evaluate innovative environmental regulatory methods. In administering the program, the department shall do all of the following:

SB77,1517,9 (a) Provide at least the same level of protection of public health and the environment as provided by the environmental regulatory methods under chs. 280 to 295.

SB77,1517,11 (b) Encourage facility owners and operators to systematically assess the pollution that they cause, directly and indirectly, to the air, water and land.

SB77,1517,14 (c) Encourage facility owners and operators to implement efficient and cost- effective pollution reduction strategies for their facilities, while complying with verifiable and enforceable pollution limits.

SB77,1517,20 (d) Encourage facility owners and operators to achieve superior environmental performance, both with respect to the effects of a facility that are regulated under chs. 280 to 295 and those effects that are unregulated, to reduce usage of natural resources and to reduce waste generation, while achieving a balance among the economic, social and environmental impacts of these efforts that is acceptable to the community in which the facility is located.

SB77,1517,24 (e) Recognize and reward facility owners and operators who have demonstrated excellence and leadership in environmental stewardship or pollution prevention and who can achieve reductions in emissions and waste generation through implementation of innovative measures.

SB77,1518,2 (f) Encourage the transfer of information about methods for improving environmental performance and the adoption of these methods by others.

SB77,1518,5 (g) Consolidate into a cooperative agreement environmental requirements relating to a facility owned or operated by a participant that are otherwise included in separate approvals to the extent that consolidation is practical and efficient.

SB77,1518,8 (h) Grant the owners and operators of facilities greater operational flexibility than would otherwise be allowed under chs. 280 to 295 and rules promulgated under those chapters.

SB77,1518,11 (i) Seek to reduce the time and money spent by government and owners and operators of facilities on paperwork and other administrative tasks that do not result in benefits to the environment.

SB77,1518,14 (j) Encourage public participation, and consensus among interested persons, in the development of innovative environmental regulatory methods and in monitoring the environmental performance of projects under this section.