Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1163,10 281.16 (3) (a) (intro.) The department of natural resources environmental management in consultation with the department of agriculture, trade and consumer protection, shall promulgate rules prescribing performance standards and prohibitions for agricultural facilities and agricultural practices that are nonpoint sources. The performance standards and prohibitions shall be designed to achieve water quality standards by limiting nonpoint source water pollution. At a minimum, the prohibitions shall include all of the following:

SB55-ASA1-AA1, s. 3160s Section 3160s. 281.16 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1163,17 281.16 (3) (b) The department of agriculture, trade and consumer protection, in consultation with the department of natural resources environmental management, shall promulgate rules prescribing conservation practices to implement the performance standards and prohibitions under par. (a) and specifying a process for the development and dissemination of technical standards to implement the performance standards and prohibitions under par. (a).

SB55-ASA1-AA1, s. 3160t Section 3160t. 281.16 (3) (e) of the statutes is amended to read:

SB55-ASA1-AA1,1164,10 281.16 (3) (e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices, or technical standards under this subsection unless cost-sharing is available, under s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1), 92.15 (4), and 823.08 (3) (c) 2., the department of natural resources environmental management shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source. The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2), 92.105 (1), or 92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices , or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.".

SB55-ASA1-AA1,1164,12 1581. Page 1043, line 13: delete the material beginning with that line and ending with page 1045, line 2, and substitute:

SB55-ASA1-AA1,1164,13 " Section 3160tb. 281.17 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1165,12 281.17 (1) No wells shall may be constructed, installed, or operated to withdraw water from underground sources for any purpose where the capacity and rate of withdrawal of all wells on one property is in excess of 100,000 gallons a day without first obtaining the approval of the department. If s. 281.35 applies to the proposed construction, the application shall comply with s. 281.35 (5) (a). If the department finds that the proposed withdrawal will adversely affect or reduce the availability of water to any public utility in furnishing water to or for the public or does not meet the grounds for approval specified under s. 281.35 (5) (d), if applicable, it shall either withhold its approval or grant a limited approval under which it imposes such conditions as to location, depth, pumping capacity, rate of flow, and ultimate use so that the water supply of any public utility engaged in furnishing water to or for the public will not be impaired, and the withdrawal will conform to the requirements of s. 281.35, if applicable. If the proposed withdrawal is for a purpose other than an agricultural purpose, and the department finds that the proposed withdrawal will adversely affect waters of the state, it may withhold its approval or grant a limited approval under which it imposes conditions that will protect the waters of the state. The department shall require each person issued an approval under this subsection to report that person's volume and rate of withdrawal, as defined under s. 281.35 (1) (m), and that person's volume and rate of water loss, as defined under s. 281.35 (1) (L), if any, in the form and at the times specified by the department. The department may issue general or special orders it considers necessary to ensure prompt and effective administration of this subsection.".

SB55-ASA1-AA1,1165,13 1582. Page 1045, line 11: after that line insert:

SB55-ASA1-AA1,1165,15 " Section 3161c. 281.36 (4) (e) (intro.) of the statutes, as created by 2001 Wisconsin Act 6, is amended to read:

SB55-ASA1-AA1,1165,18 281.36 (4) (e) (intro.) Construction or maintenance of farm roads, forest roads, or temporary mining roads that is performed in accordance with best management practices, as determined by the department, to ensure all of the following:

SB55-ASA1-AA1, s. 3161g Section 3161g. 281.36 (4) (e) 3. of the statutes, as created by 2001 Wisconsin Act 6, is amended to read:

SB55-ASA1-AA1,1165,22 281.36 (4) (e) 3. That any adverse effect on the aquatic environment of the affected nonfederal wetland is minimized to the degree required by the department.

SB55-ASA1-AA1, s. 3161j Section 3161j. 281.36 (6) (a) 1. of the statutes, as created by 2001 Wisconsin Act 6, is amended to read:

SB55-ASA1-AA1,1166,1 281.36 (6) (a) 1. Make the rules consistent with identical to existing federal law.

SB55-ASA1-AA1, s. 3161m Section 3161m. 281.36 (6) (b) of the statutes, as created by 2001 Wisconsin Act 6, is amended to read:

SB55-ASA1-AA1,1166,8 281.36 (6) (b) Whenever an Any additional federal law or interpretation is initially that is incorporated into the rules , the department may modify under this subsection shall be identical to the additional federal law or interpretation as it determines is necessary, but the. The department may not otherwise amend or modify any of the rules promulgated under this subsection.

SB55-ASA1-AA1, s. 3161p Section 3161p. 281.36 (8) (bn) 1. of the statutes, as created by 2001 Wisconsin Act 6, is amended to read:

SB55-ASA1-AA1,1166,14 281.36 (8) (bn) 1. The department shall issue general water quality certifications that are consistent with identical to all of the general permits issued under 33 USC 1344 (e) that applied on January 8, 2001, to nonfederal wetlands located in this state.

SB55-ASA1-AA1, s. 3161s Section 3161s. 281.36 (8) (bn) 2. of the statutes, as created by 2001 Wisconsin Act 6, is amended to read:

SB55-ASA1-AA1,1166,22 281.36 (8) (bn) 2. If a general permit as specified in subd. 1. is amended or modified after January 8, 2001, the department shall incorporate the amendments or modifications into the general water quality certification issued under subd. 1. and so that the general water quality certification continues to be identical to the general permit. The department may not otherwise amend or modify the general water quality certification.".

SB55-ASA1-AA1,1166,23 1583. Page 1045, line 11: after that line insert:

SB55-ASA1-AA1,1166,24 " Section 3161c. 281.17 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1167,20 281.17 (3) The department shall promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants, and septage servicing vehicles operated under a license issued under s. 281.48 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter and chs. 285 and 289 to 299, including requirements for continuing education. The department may charge applicants a fee for certification. All moneys collected under this subsection for the certification of operators of water systems, wastewater treatment plants, and septage servicing vehicles shall be credited to the appropriation under s. 20.370 20.375 (4) (bL). No person may operate a water systems system, wastewater treatment plant, or septage servicing vehicle without a valid certificate issued under this subsection. The department may suspend or revoke a certificate issued under this subsection for a violation of any statute or rule relating to the operation of a water system or wastewater treatment plant or to septage servicing, for failure to fulfill the continuing education requirements, or as provided under s. 145.245 (3). The owner of any wastewater treatment plant shall be, or shall employ, an operator certified under this subsection who shall be responsible for plant operations, unless the department by rule provides otherwise. In this subsection, "wastewater treatment plant" means a system or plant used to treat industrial wastewater, domestic wastewater, or any combination of industrial wastewater and domestic wastewater.

SB55-ASA1-AA1, s. 3161f Section 3161f. 281.33 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1168,6 281.33 (2) State storm water management plan. The department, in consultation with the department of commerce, 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.

SB55-ASA1-AA1, s. 3161k Section 3161k. 281.35 (8) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1168,14 281.35 (8) Preparation of water quantity resources plan. (intro.) The natural resources board department shall, before August 1, 1988 in consultation with the department of fish, wildlife, parks, and forestry, adopt and submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), 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:

SB55-ASA1-AA1, s. 3161L Section 3161L. 281.37 (1) (a) 3. of the statutes, as affected by 2001 Wisconsin Act 6, is amended to read:

SB55-ASA1-AA1,1168,19 281.37 (1) (a) 3. A wild and scenic river designated under 16 USC 1271 to 1287, a wild river designated under s. 30.26 23.43, the Lower Wisconsin State Riverway or a scenic urban waterway designated under s. 30.275 23.434.

SB55-ASA1-AA1, s. 3161p Section 3161p. 281.43 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1169,4 281.43 (1) The department of natural resources may require the sewerage system, or sewage or refuse disposal plant of any governmental unit including any town, village, or city, to be so planned and constructed that it may be connected with that of any other town, village, or city, and may, after hearing, upon due notice to the governmental units order the proper connections to be made or a group of governmental units including cities, villages, town sanitary districts, or town utility districts may construct and operate a joint sewerage system under this statute without being so required by order of the department of natural resources but following hearing and approval of the department.

SB55-ASA1-AA1, s. 3161s Section 3161s. 281.48 (5s) of the statutes is amended to read:

SB55-ASA1-AA1,1169,8 281.48 (5s) (a) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture for a violation of subs. (2) to (5).

SB55-ASA1-AA1,1169,12 (b) Notwithstanding s. 23.66 278.66 (4), the department shall promulgate rules establishing the basic amount of the deposit that may be made under s. 23.66 278.66 (1) by a person to whom a citation is issued under par. (a). The rules shall specify a different amount for each offense under subs. (2) to (5).

SB55-ASA1-AA1, s. 3161w Section 3161w. 281.55 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1169,21 281.55 (2) In order that the construction of pollution prevention and abatement facilities necessary to the protection of state waters be encouraged, a state program of assistance to municipalities and school districts for the financing of such facilities is established and a program of state advances in anticipation of federal aid reimbursement is established to meet the state's water quality standards. These state programs shall be administered by the department of natural resources and the department shall make such rules as are necessary for the proper execution of the state program.

SB55-ASA1-AA1, s. 3161y Section 3161y. 281.55 (6) (b) 1. of the statutes is amended to read:

SB55-ASA1-AA1,1170,5 281.55 (6) (b) 1. These payments shall 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 department, 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 debts shall be contracted for in the manner and form as the legislature hereafter prescribes.

SB55-ASA1-AA1, s. 3162v Section 3162v. 281.58 (9) (ae) of the statutes is amended to read:

SB55-ASA1-AA1,1170,12 281.58 (9) (ae) A municipality that submits an application under par. (a) without design plans and specifications may obtain an initial determination of financial eligibility from the department of administration. The department of natural resources environmental management may not approve a municipality's application until the municipality submits approvable design plans and specifications.".

SB55-ASA1-AA1,1170,13 1584. Page 1045, line 11: after that line insert:

SB55-ASA1-AA1,1170,14 " Section 3161u. 281.57 (10e) of the statutes is created to read:

SB55-ASA1-AA1,1170,19 281.57 (10e) Loan for water tower in the village of Athens. Notwithstanding subs. (2), (4) to (10), and (12), during the 2001-03 fiscal biennium, the department shall provide a loan of $320,000 to the village of Athens for construction of a water tower and related costs, if the village applies for a loan. The department may not charge any interest on the loan.

SB55-ASA1-AA1, s. 3161uc Section 3161uc. 281.57 (10f) of the statutes is created to read:

SB55-ASA1-AA1,1171,2 281.57 (10f) Loan for water tower in the village of Weston. Notwithstanding subs. (2), (4) to (10), and (12), during the 2001-03 fiscal biennium, the department shall provide a loan of $400,000 to the village of Weston for construction of a water tower and related costs, if the village applies for a loan. The department may not charge any interest on the loan.".

SB55-ASA1-AA1,1171,3 1585. Page 1045, line 24: after that line insert:

SB55-ASA1-AA1,1171,5 " Section 3163b. 281.58 (9) (e) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,1171,15 281.58 (9) (e) If the department of natural resources environmental management and the department of administration determine that the governor's recommendation, as set forth in the executive budget bill, for the amount under s. 281.59 (3e) (b), the amount available under s. 20.866 (2) (tc) or the amount available under s. 281.59 (4) (f) for a biennium is insufficient to provide funding for all projects for which applications will be approved during that biennium, the department shall inform municipalities that, if the governor's recommendations are approved, clean water fund program assistance during a fiscal year of that biennium will only be available to municipalities that submit financial assistance applications by the June 30 preceding that fiscal year.".

SB55-ASA1-AA1,1171,16 1586. Page 1046, line 8: after that line insert:

SB55-ASA1-AA1,1171,17 " Section 3164b. 281.58 (9m) (f) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1171,23 281.58 (9m) (f) (intro.) If the department of natural resources environmental management and the department of administration determines that the amount approved under s. 281.59 (3e) (b), the amount available under s. 20.866 (2) (tc) or the amount available under s. 281.59 (4) (f) for a biennium is insufficient to provide funding for all projects for which applications will be approved during that biennium, all of the following apply:

SB55-ASA1-AA1, s. 3164g Section 3164g. 281.58 (11) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1172,3 281.58 (11) (b) For municipalities meeting the financial hardship assistance requirements under sub. (13), the department of natural resources environmental management may approve financial hardship assistance.".

SB55-ASA1-AA1,1172,4 1587. Page 1047, line 11: after that line insert:

SB55-ASA1-AA1,1172,5 " Section 3168g. 281.59 (11) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1172,11 281.59 (11) (a) The department of natural resources environmental management and the department of administration may enter into a financial assistance agreement with an applicant for which the department of administration has allocated subsidy under s. 281.58 (9m), 281.60 (8), or 281.61 (8) if the applicant meets the conditions under sub. (9) and the other requirements under this section and s. 281.58, 281.60, or 281.61.

SB55-ASA1-AA1, s. 3168h Section 3168h. 281.59 (11) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1172,18 281.59 (11) (c) The department of administration may retain the last payment under a financial assistance agreement until the department of natural resources environmental management and the department of administration determine that the project is completed and meets the applicable requirements of this section and s. 281.58, 281.60, or 281.61 and that the conditions of the financial assistance agreement are met.

SB55-ASA1-AA1, s. 3168j Section 3168j. 281.59 (12) of the statutes is amended to read:

SB55-ASA1-AA1,1173,2 281.59 (12) Municipal obligations. The department of administration may purchase or refinance obligations specified in s. 281.58 (6) (b) 1. and guarantee or purchase insurance for municipal obligations specified in s. 281.58 (6) (b) 3. if the department of administration and the department of natural resources environmental management approve the financial assistance under this section and s. 281.58.".

SB55-ASA1-AA1,1173,3 1588. Page 1049, line 2: after that line insert:

SB55-ASA1-AA1,1173,4 " Section 3170g. 281.625 (4) of the statutes is amended to read:

SB55-ASA1-AA1,1173,8 281.625 (4) With the approval of the department of administration, the department of natural resources environmental management may transfer funds from the appropriation accounts under s. 20.320 (2) (s) and (x) to the Wisconsin drinking water reserve fund under s. 234.933 to guarantee loans under s. 234.86.

SB55-ASA1-AA1, s. 3170t Section 3170t. 281.65 (3) (at) of the statutes is amended to read:

SB55-ASA1-AA1,1173,12 281.65 (3) (at) Review rules drafted under this section and make recommendations regarding the rules before final approval of the rules by the natural resources environmental management board.".

SB55-ASA1-AA1,1173,13 1589. Page 1049, line 20: after that line insert:

SB55-ASA1-AA1,1173,14 " Section 3173j. 281.65 (4e) of the statutes is created to read:

SB55-ASA1-AA1,1174,2 281.65 (4e) If the department issues a notice of discharge under ch. 283 to an animal feeding operation, the department shall provide a cost-sharing grant for the costs of measures needed to correct the unacceptable practices identified in the notice of discharge. Notwithstanding sub. (8) (f), the department may provide a cost-sharing grant under this subsection that exceeds 70% of the cost of the corrective measures in cases of economic hardship, as defined by the department by rule. If the department provides funds for a cost-sharing grant under this subsection from the appropriation account under s. 20.866 (2) (te), the department shall pay the grant to another governmental unit. If the department provides funds for a cost-sharing grant under this subsection from the appropriation account under s. 20.370 (6) (aa), (ag), or (aq), the department may pay the funds to the landowner or operator or to another governmental unit.".

SB55-ASA1-AA1,1174,3 1590. Page 1050, line 3: after that line insert:

SB55-ASA1-AA1,1174,5 " Section 3174b. 281.65 (4g) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,1174,12 281.65 (4g) The department may contract with any person from the appropriation account under s. 20.370 20.375 (4) (ac) for services to administer or implement this section, including information and education and training services. The department shall allocate $500,000 in each fiscal year from the appropriation account under s. 20.370 20.375 (4) (ac) for contracts for educational and technical assistance related to the program under this section provided by the University of Wisconsin-Extension.

SB55-ASA1-AA1, s. 3174n Section 3174n. 281.65 (4m) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1174,22 281.65 (4m) (c) The department shall submit a copy of any plan it completes under this subsection to any county located in or containing any watershed which that is a subject of the plan and to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall review the plan and notify the department of natural resources environmental management of its comments on the plan. A county receiving a plan under this subsection shall review the plan, approve or disapprove the plan, and notify the department of natural resources environmental management of its action on the plan.".

SB55-ASA1-AA1,1174,23 1591. Page 1050, line 14: after that line insert:

SB55-ASA1-AA1,1174,24 " Section 3176g. 281.65 (7) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1175,6 281.65 (7) (b) The owner or operator of a site designated as a critical site in a priority watershed or priority lake plan under sub. (5m) or in a modification to such a plan under sub. (5s) or the department of natural resources may obtain a review of the decision of a county land conservation committee under par. (a) 2. by filing a written request with the land and water conservation board within 60 days after receiving the decision of the county land conservation committee.".

SB55-ASA1-AA1,1175,7 1592. Page 1050, line 17: substitute "2005" for "2006".

SB55-ASA1-AA1,1175,8 1593. Page 1051, line 4: substitute "2005" for "2006".

SB55-ASA1-AA1,1175,9 1594. Page 1054, line 12: after that line insert:

SB55-ASA1-AA1,1175,10 " Section 3200m. 281.69 (1b) (bn) of the statutes is created to read:

SB55-ASA1-AA1,1175,12 281.69 (1b) (bn) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).".

SB55-ASA1-AA1,1175,13 1595. Page 1054, line 17: after that line insert:

SB55-ASA1-AA1,1175,15 " Section 3202b. 281.69 (1b) (d) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,1175,16 281.69 (1b) (d) "Wetland" has the meaning given in s. 23.32 278.32 (1).".

SB55-ASA1-AA1,1175,18 1596. Page 1054, line 20: delete "as defined in s. 23.0955 (1)," and substitute "as defined in s. 23.0955 (1),".

SB55-ASA1-AA1,1175,19 1597. Page 1055, line 6: after that line insert:

SB55-ASA1-AA1,1175,20 " Section 3207g. 281.695 (5) of the statutes is amended to read:

SB55-ASA1-AA1,1176,6 281.695 (5) Any municipality may participate in the state financial assistance program for soil and water resources protection established under s. 281.55, 281.57, or 281.65 and may enter into agreements with the department of natural resources environmental management for that purpose. Any municipality may participate in the clean water fund program under ss. 281.58 and 281.59 and may enter into agreements with the department of administration and the department of natural resources environmental management for that purpose. Any county may participate in the state financial assistance program for soil and water resources protection established under s. 92.14 and may enter into agreements with the department of agriculture, trade and consumer protection for that purpose.