Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1029,11 196.491 (3) (a) 3. a. At least 60 days before a person files an application under subd. 1. for construction of a large electric generating facility, the person shall provide the department with an engineering plan showing the location of the large electric generating facility, a description of the large electric generating facility, including the major components of the large electric generating facility that have a significant air, water or solid waste pollution potential, and a description of the anticipated effects of the large electric generating facility on air and water quality. Within 30 days after a person provides an engineering plan, the department shall provide the person with a listing of each department permit or approval which, on the basis of the information contained in the engineering plan, appears to be required for the construction or operation of the large electric generating facility.".

SB55-ASA1-AA1,1029,12 1539. Page 992, line 12: after that line insert:

SB55-ASA1-AA1,1029,13 " Section 3001d. 196.491 (3) (a) 3. a. of the statutes is amended to read:

SB55-ASA1-AA1,1029,23 196.491 (3) (a) 3. a. At least 60 days before a person files an application under subd. 1., the person shall provide the department with an engineering plan showing the location of the facility, a description of the facility, including the major components of the facility that have a significant air, water, or solid waste pollution potential, and a description of the anticipated effects of the facility on air and water quality and on residential wells. Within 30 days after a person provides an engineering plan, the department shall provide the person with a listing of each department permit or approval which, on the basis of the information contained in the engineering plan, appears to be required for the construction or operation of the facility.

SB55-ASA1-AA1, s. 3001db Section 3001db. 196.491 (3) (a) 3. b. of the statutes is amended to read:

SB55-ASA1-AA1,1030,19 196.491 (3) (a) 3. b. Within 20 days after the department provides a listing specified in subd. 3. a. to a person, the person shall apply for the permits and approvals identified in the listing. The department shall determine whether an application under this subd. 3. b. is complete and, no later than 30 days after the application is filed, notify the applicant about the determination. If the department determines that the application is incomplete, the notice shall state the reason for the determination. An applicant may supplement and refile an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may refile an application under this subd. 3. b. If the department fails to determine whether an application is complete within 30 days after the application is filed, the application shall be considered to be complete. The department shall complete action on an application under this subd. 3. b. for any permit or approval that is required prior to construction of a facility within Within 120 days after the date on which the application is determined or considered to be complete, the department shall complete action on the application for any permit or approval that is required prior to construction of the large electric generating facility and shall determine whether the facility will reduce the availability of water to a residential well or cause a preventive action limit established under s. 160.15 to be exceeded in water produced by a residential well.

SB55-ASA1-AA1, s. 3001p Section 3001p. 196.491 (3) (e) of the statutes is renumbered 196.491 (3) (e) (intro.) and amended to read:

SB55-ASA1-AA1,1031,2 196.491 (3) (e) (intro.) If the application does not meet the criteria under par. (d), the commission shall reject the application or approve the application with such modifications as are necessary for an affirmative finding under par. (d). The commission may not issue a certificate of public convenience and necessity until the for a large electric generating facility unless each of the following is satisfied:

SB55-ASA1-AA1,1031,4 1. The department has issued all permits and approvals identified in the listing specified in par. (a) 3. a. that are required prior to construction.

SB55-ASA1-AA1, s. 3001pt Section 3001pt. 196.491 (3) (e) 2. of the statutes is created to read:

SB55-ASA1-AA1,1031,9 196.491 (3) (e) 2. The department has determined under par. (a) 3. b. that the facility will not reduce the availability of water to a residential well and will not cause a preventive action limit established under s. 160.15 to be exceeded in water produced by a residential well.".

SB55-ASA1-AA1,1031,10 1540. Page 992, line 12: after that line insert:

SB55-ASA1-AA1,1031,11 " Section 2997m. 196.374 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1031,24 196.374 (3) In 2000, 2001 and 2002, the commission shall require each utility to spend a decreasing portion of the amount determined under sub. (2) on programs specified in sub. (2) and contribute the remaining portion of the amount to the commission for deposit in the fund. In each year after 2002, each Each utility shall contribute the entire amount determined under sub. (2) to the commission for deposit in the fund. The commission shall ensure in rate-making orders that a utility recovers from its ratepayers the amounts spent on programs or contributed to the fund under this subsection. The commission shall allow each utility the option of continuing to use, until January 1, 2002, the moneys that it has recovered under s. 196.374 (3), 1997 stats., to administer the programs that it has funded under s. 196.374 (1), 1997 stats. The commission may allow each utility to spend additional moneys on the programs specified in sub. (2) if the utility otherwise complies with the requirements of this section and s. 16.957 (4).

SB55-ASA1-AA1, s. 2999m Section 2999m. 196.374 (4) of the statutes is amended to read:

SB55-ASA1-AA1,1032,8 196.374 (4) If the department notifies the commission under s. 16.957 (2) (b) 2. that the department has reduced funding for energy conservation and efficiency and renewable resource programs by an amount that is greater than the portion of the public benefits fee specified in s. 16.957 (4) (c) 2., the commission shall reduce make a corresponding reduction in the amount that utilities are required to spend on programs or contribute to the fund under sub. (3) by the portion of the reduction that exceeds the amount of public benefits fees specified in s. 16.957 (4) (c) 2.".

SB55-ASA1-AA1,1032,9 1541. Page 1003, line 6: after that line insert:

SB55-ASA1-AA1,1032,10 " Section 3020e. 218.0101 (19m) of the statutes is created to read:

SB55-ASA1-AA1,1032,11 218.0101 (19m) "Low-speed vehicle" has the meaning given in s. 340.01 (27m).

SB55-ASA1-AA1, s. 3020j Section 3020j. 218.0101 (23) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,1032,15 218.0101 (23) (a) 2. Is engaged wholly or in part in the business of selling or leasing motor vehicles, including motorcycles and low-speed vehicles, whether or not the motor vehicles are owned by that person, firm or corporation.

SB55-ASA1-AA1, s. 3020n Section 3020n. 218.0114 (5) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1033,2 218.0114 (5) (a) A motor vehicle dealer or an applicant for a motor vehicle dealer license shall provide and maintain in force a bond or irrevocable letter of credit of not less than $25,000 or, if the dealer or applicant sells or proposes to sell motorcycles or low-speed vehicles, or both, and not other types of motor vehicles, a bond or irrevocable letter of credit of not less than $5,000. The bond or letter of credit shall be executed in the name of the department of transportation for the benefit of any person who sustains a loss because of an act of a motor vehicle dealer that constitutes grounds for the suspension or revocation of a license under ss. 218.0101 to 218.0163.

SB55-ASA1-AA1, s. 3020q Section 3020q. 218.0122 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1033,6 218.0122 (3) This section does not apply to motorcycles or low-speed vehicles that are delivered in a crated, disassembled condition to the dealer or the dealer's agent.

SB55-ASA1-AA1, s. 3020t Section 3020t. 218.0171 (2) (b) 2. b. of the statutes is amended to read:

SB55-ASA1-AA1,1033,17 218.0171 (2) (b) 2. b. Accept return of the motor vehicle and refund to the consumer and to any holder of a perfected security interest in the consumer's motor vehicle, as their interest may appear, the full purchase price plus any sales tax, finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motor vehicle by a fraction, the denominator of which is 100,000 or, for a motorcycle or low-speed vehicle, 20,000, and the numerator of which is the number of miles the motor vehicle was driven before the consumer first reported the nonconformity to the motor vehicle dealer.".

SB55-ASA1-AA1,1033,18 1542. Page 1003, line 6: after that line insert:

SB55-ASA1-AA1,1033,19 " Section 3023. 221.0320 (2) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1033,23 221.0320 (2) (a) (intro.) A liability secured by warehouse receipts issued by warehouse keepers licensed and bonded in this state under ss. 99.02 and 99.03 or under the federal bonded warehouse act or holding a registration certificate license under ch. 127 s. 126.26, if all of the following requirements are met:".

SB55-ASA1-AA1,1033,24 1543. Page 1003, line 6: after that line insert:

SB55-ASA1-AA1,1034,1 " Section 3020m. 218.22 (2m) of the statutes is amended to read:

SB55-ASA1-AA1,1034,3 218.22 (2m) License fees collected under this subchapter shall be deposited in the state and local highways account in the transportation fund.".

SB55-ASA1-AA1,1034,4 1544. Page 1003, line 6: after that line insert:

SB55-ASA1-AA1,1034,5 " Section 3019d. 196.86 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1034,7 196.86 (1) (a) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3019f Section 3019f. 196.86 (1) (d) of the statutes is amended to read:

SB55-ASA1-AA1,1034,12 196.86 (1) (d) "Initial compliance date" means the date specified in a notice by the department of natural resources environmental management under s. 285.48 (2) by which electric generating facilities in the midcontinent area of this state are required to comply with initial nitrogen oxide emission reduction requirements.

SB55-ASA1-AA1, s. 3019h Section 3019h. 196.86 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1034,22 196.86 (2) If the department of natural resources environmental management makes a notification to the commission under s. 285.48 (2), the commission shall assess against electric public utility affiliates a total of $2,400,000, or a decreased amount specified in a notice by the department of natural resources environmental management under s. 285.48 (3) (d) 3., in each fiscal year of the 10-year period that commences on July 1 of the fiscal year ending before the initial compliance date. An assessment in a fiscal year against an electric public utility affiliate under this subsection shall be in an amount that is proportionate to the electric public utility affiliate's heat throughput ratio for the prior fiscal year.

SB55-ASA1-AA1, s. 3019k Section 3019k. 196.98 of the statutes is amended to read:

SB55-ASA1-AA1,1035,8 196.98 Water reporting required. The commission shall ensure that each public utility to which s. 281.35 applies shall comply with the requirements of that section and shall report its volume and rate of withdrawal, as defined under s. 281.35 (1) (m), and its volume and rate of water loss, as defined under s. 281.35 (1) (L), if any, to the commission in the form and at the times specified by the department of natural resources environmental management. The commission shall provide the information reported under this section to the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3020c Section 3020c. 198.22 (7) of the statutes is amended to read:

SB55-ASA1-AA1,1035,18 198.22 (7) Boundaries. Immediately upon the organization of the board of directors the clerk shall cause to be recorded in the office of the register of deeds of each county in which any part of said district is located, and shall file with the secretary of state, the department of natural resources environmental management, the governor and the clerk of each town, city or village, wholly or partly within the district, a certified copy of the boundaries of the district as set forth in the notice of election pursuant to sub. (3) or as thereafter amended. Thereafter, in any proceeding wherein the boundaries of the district are concerned, it shall be sufficient in describing said boundaries to refer to such record of such description.

SB55-ASA1-AA1, s. 3020d Section 3020d. 198.22 (13) of the statutes is amended to read:

SB55-ASA1-AA1,1036,2 198.22 (13) Distribution system standards in Milwaukee County. When any such district is established in any county having a population of 500,000 or more and containing a city of the 1st class, no municipality in such district shall construct any part of its distribution system except according to the standard of sizes and grades of materials as used by such city of the 1st class, or the standards of the American waterworks association and the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3020e Section 3020e. 200.01 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1036,5 200.01 (2) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3020f Section 3020f. 200.11 (1) (e) of the statutes is amended to read:

SB55-ASA1-AA1,1036,12 200.11 (1) (e) Annual report. The commission shall prepare annually a full and detailed report of its official transactions and expenses and of all presently planned additions and major changes in district facilities and services and shall file a copy of such report with the department of natural resources environmental management, the department of health and family services and the governing bodies of all cities, villages and towns having territory in such district.

SB55-ASA1-AA1, s. 3020g Section 3020g. 200.27 (9) of the statutes is amended to read:

SB55-ASA1-AA1,1036,17 200.27 (9) Annual report. The commission shall prepare annually a full report of its official transactions and expenditures and shall mail the report to the governor, to the secretary of natural resources environmental management and to the governing body of each municipality.

SB55-ASA1-AA1, s. 3020h Section 3020h. 200.29 (1) (c) 4. b. of the statutes is amended to read:

SB55-ASA1-AA1,1037,2 200.29 (1) (c) 4. b. Any area not included within the redefined boundary under subd. 1. or 2. ceases to be a part of the district for all purposes upon the filing of a certified copy of the resolution describing the area not within the district with the clerk of each county in which the district is located. The commission shall also record the resolution with the register of deeds for each county in which the district is located, and file a certified copy of the resolution with the clerk of each city, village and town in the district and with the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3020i Section 3020i. 200.29 (1) (d) 3. of the statutes is amended to read:

SB55-ASA1-AA1,1037,10 200.29 (1) (d) 3. Any area added to the district under this paragraph becomes a part of the district for all purposes upon the filing of a certified copy of the resolution describing the area being added with the clerk of each county in which the district is located. The commission shall also record the resolution with the register of deeds for each county in which the district is located, and file certified copies with the clerk of each city, village and town in the district and with the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3020j Section 3020j. 200.35 (4) of the statutes is amended to read:

SB55-ASA1-AA1,1037,18 200.35 (4) Delivery of deeds; DNR state permits. Upon application of the commission the proper officers of this state shall execute, acknowledge and deliver to the proper officers of the district any deed or other instrument as may be proper for the purpose of fully confirming the grants under subs. (2) and (3). Notwithstanding s. 30.05, the district may not commence an action under sub. (2) or (3) without obtaining all of the necessary permits from the department of natural resources environmental management under ch. 30.

SB55-ASA1-AA1, s. 3020k Section 3020k. 200.35 (8) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1037,23 200.35 (8) (a) Subject to s. 30.20 and to any applicable rule of the department of natural resources environmental management, the commission may improve any river or stream within the district by deepening, widening or otherwise changing it as the commission finds necessary in order to carry off surface or drainage water.

SB55-ASA1-AA1, s. 3020L Section 3020L. 200.35 (9) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1038,9 200.35 (9) (b) The commission shall apply to the department of natural resources environmental management for a permit for the diversion. Upon receipt of an application for a permit, the department shall fix a time, not more than 8 weeks after receiving the application, and a convenient place for a public hearing on the application. The department shall notify the commission of the time and place and the commission shall publish a notice of the time and place of the hearing once each week for 3 successive weeks before the hearing in at least one newspaper designated by the department of natural resources environmental management and published in the district.

SB55-ASA1-AA1, s. 3020n Section 3020n. 200.35 (9) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1039,2 200.35 (9) (c) In addition to the publication required under par. (b) the commission, not less than 20 days prior to the hearing, shall mail a notice of the hearing to every person who has recorded an interest in any lands that are likely to be affected by the proposed diversion and whose post-office address can be ascertained by due diligence. The notice shall specify the time and place of the hearing, shall be accompanied by a general statement of the nature of the application and shall be forwarded to these persons by registered mail in a sealed and postpaid envelope properly addressed. The commission shall file proof of the publication and mailing of notice with the department of natural resources environmental management. At the hearing or any adjournment thereof, the department of natural resources environmental management shall consider the application and shall take evidence offered by the commission and other persons in support of or in opposition to the application. The department may require that the application be amended. If the department finds after the hearing that the application is in the public interest, will not violate public rights and will not pose an unreasonable risk to life, health or property, the department shall issue a permit to the commission.

SB55-ASA1-AA1, s. 3020p Section 3020p. 200.35 (12) of the statutes is amended to read:

SB55-ASA1-AA1,1039,7 200.35 (12) Disposal of treated sewage. Subject to any applicable rule of the department of natural resources environmental management, the commission may dispose of treated sewage by commercial or charitable means and may expend an amount reasonably necessary for this purpose.

SB55-ASA1-AA1, s. 3020q Section 3020q. 200.35 (14) (d) 1. of the statutes is amended to read:

SB55-ASA1-AA1,1039,14 200.35 (14) (d) 1. The commission shall pay for the portion of the cost of a project constructed by the commission under this subsection which equals the difference between the cost of disposing of the waste rock at a disposal site which is approved by the department of natural resources environmental management and which is outside of the district's service area and the cost of disposing of the waste rock in the project.

SB55-ASA1-AA1, s. 3020r Section 3020r. 200.47 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1039,24 200.47 (2) (a) Except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $20,000 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources environmental management under ch. 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.0901.

SB55-ASA1-AA1, s. 3020s Section 3020s. 200.49 (7) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1040,8 200.49 (7) (b) The executive director shall submit the plan to the secretary of natural resources environmental management for review and comment. The secretary of natural resources environmental management shall provide the executive director with comments or recommendations for changes in the plan, if any, within 30 days after the plan is submitted. No contracts may be awarded under sub. (5) until 30 days after the date the plan is submitted to the secretary of natural resources environmental management or until the date the executive director receives the secretary's comments or recommendations, whichever is earlier.".

SB55-ASA1-AA1,1040,9 1545. Page 1003, line 6: after that line insert:

SB55-ASA1-AA1,1040,10 " Section 3020d. 198.167 of the statutes is amended to read:

SB55-ASA1-AA1,1041,6 198.167 Certified public accountant; annual report. The directors of the district shall employ annually the commission or a certified public accountant licensed or certified under ch. 442 approved by said commission who shall be qualified to, and who shall with all due diligence, examine and report upon the system of accounts kept by the district, all the contracts of whatsoever kind made and entered into by the board of directors within the year immediately preceding, and the properties and investments of the district. Said The certified public accountant shall in the report make such recommendations and suggestions as to the certified public accountant shall seem proper and required for the good of the district, and the efficient and economical or advantageous management and operation of the public utility or utilities of the district; and the certified public accountant shall in the report make such recommendations and suggestions as to the system of accounts kept, or in the certified public accountant's judgment to be kept, by the district, in connection with each public utility, the classification of the public utilities of the district and the establishment of a system of accounts for each class, the manner in which such accounts shall be kept, the form of accounts, records, and memoranda kept or to be kept, including accounts, records, and memoranda of receipts and expenditures of money, and depreciation and sinking fund accounts, as in the certified public accountant's judgment may be proper and necessary, and shall not conflict with the requirements of the commission.

SB55-ASA1-AA1, s. 3020h Section 3020h. 214.76 (2) and (4) of the statutes are amended to read:

SB55-ASA1-AA1,1041,16 214.76 (2) The certified public accountant shall deliver the audit report to a committee composed of 3 or more members of the board of directors, none of whom may be an officer, employee or agent of the savings bank. The committee shall present the nature, extent and conclusions of the report at the next meeting of the board of directors. A written summary of the committee's presentation, together with a copy of the audit report and a list of all criticisms made by the certified public accountant conducting the audit and any response of any member of the board of directors or any officer of the savings bank, shall be personally served or sent by certified mail to all members of the board of directors.

SB55-ASA1-AA1,1041,23 (4) The audit report filed with the division shall be certified by the certified public accountant conducting the audit. If a savings bank fails to cause an audit to be made, the division shall order an audit to be made by an independent certified public accountant at the savings bank's expense. Instead of the audit required under sub. (1), the division may accept an audit or portion of an audit made exclusively for a deposit insurance corporation or for a financial regulator of another state if the home office of the savings bank is located in that state.

SB55-ASA1-AA1, s. 3020p Section 3020p. 215.523 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1042,3 215.523 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters the director or officer believes in good faith are within the person's professional or expert competence.

SB55-ASA1-AA1, s. 3020t Section 3020t. 217.08 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1042,24 217.08 (2) Annual license fee; additions and deletions of locations. Each licensee shall file with the division on or before December 1 of each year a statement listing the locations of the offices of the licensee and the names and locations of the agents authorized by the licensee. Every licensee shall also on or before December 1 of each year file a financial statement of its assets and liabilities as of a date not earlier than the preceding August 31 or, if the licensee is audited annually by an independent certified public accountant licensed or certified under ch. 442 at the end of each fiscal year, the licensee may submit financial statements certified by said the certified public accountant for the licensee's latest fiscal year. Such statement shall be accompanied by the annual licensee fee for the calendar year beginning the following January 1 in an amount determined under s. 217.05. The amount of the surety bond or deposit of securities required by s. 217.06 shall be adjusted to reflect the number of such locations. Licensees which do not pay the maximum license fee under s. 217.05 and which do not maintain a bond or deposit of securities in the maximum sum of $300,000 as provided in s. 217.06 shall also file a supplemental statement setting forth any changes in the list of offices and agents with the division on or before April 1, July 1 and October 1 of each year, and the principal sum of the corporate surety bond or deposit of securities required by s. 217.06 shall be adjusted to reflect any increase or decrease in the number of such locations. Any additional license fees which may become due under s. 217.05 shall be paid to the division.".

SB55-ASA1-AA1,1043,1 1546. Page 1003, line 6: after that line insert:

SB55-ASA1-AA1,1043,2 " Section 3021. 220.04 (9) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,1043,5 220.04 (9) (a) 2. "Regulated entity" means a bank, universal bank, trust company bank, and any other entity which that is described in s. 220.02 (2) or 221.0526 as under the supervision and control of the division.

SB55-ASA1-AA1, s. 3022 Section 3022. 220.14 (5) of the statutes is created to read:

SB55-ASA1-AA1,1043,8 220.14 (5) Contain a statement of the total number of orders issued by the division during the year under s. 222.0203 (2).".

SB55-ASA1-AA1,1043,9 1547. Page 1003, line 6: after that line insert:

SB55-ASA1-AA1,1043,10 " Section 3020d. Chapter 218 (title) of the statutes is amended to read: