Amendment ASA1-AB655

AB655-ASA1,50,7 30.291 Inspections for certain exemptions and permitted activities. (1) For purposes of determining whether an exemption is appropriate under s. 30.12 (2m) or (2r), 30.123 (6m) or (6r), or 30.20 (1m) or (1r) or whether a general permit is appropriate under s. 30.206 (3) or (3r), any employee or other representative of the department, upon presenting his or her credentials, may enter the site and inspect any property on the site.

AB655-ASA1,50,9 (3) The department shall provide reasonable advance notice, before entering the site and inspecting the property.

AB655-ASA1,50,13 (4) If the owner of the site refuses to give consent for an entry and inspection to determine whether authorization to proceed under a general permit is appropriate under s. 30.206 (3r), the department may require an individual permit for the activity.

AB655-ASA1, s. 158 Section 158. 30.298 (3) of the statutes is amended to read:

AB655-ASA1,50,18 30.298 (3) Any person who violates a general permit under s. 30.206 shall forfeit not less than $10 nor more than $500 for the first offense and shall forfeit not less than $50 nor more than $500 upon conviction of the same offense a 2nd or subsequent time.

AB655-ASA1, s. 159 Section 159. 84.18 (6) of the statutes is amended to read:

AB655-ASA1,51,9 84.18 (6) Execution and control of work. Subject to s. 30.12 (4) 30.2022 and the control exercised by the United States, the construction under this section of any local bridge project shall be wholly under the supervision and control of the department. The secretary shall make and execute all contracts and have complete supervision over all matters pertaining to such construction and shall have the power to suspend or discontinue proceedings or construction relative to any bridge project at any time in the event any county, city, village or town fails to pay the amount required of it for any project eligible for construction under this section, or if the secretary determines that sufficient funds to pay the state's part of the cost of such bridge project are not available. All moneys provided by counties, cities, villages and towns shall be deposited in the state treasury, when required by the secretary, and paid out on order of the secretary. Any of the moneys deposited for a project eligible for construction under this section which remain in the state treasury after the completion of the project shall be repaid to the respective county, city, village or town in proportion to the amount each deposited.

AB655-ASA1, s. 160 Section 160. 227.135 (1) (f) of the statutes is created to read:

AB655-ASA1,51,13 227.135 (1) (f) A summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.

AB655-ASA1, s. 161 Section 161. 227.137 of the statutes is created to read:

AB655-ASA1,51,17 227.137 Economic impact reports of proposed rules. (1) In this section, "agency" means the departments of agriculture, trade, and consumer protection; commerce; natural resources; transportation; and workforce development.

AB655-ASA1,52,7 (2) After an agency publishes a statement of the scope of a proposed rule under s. 227.135, and before the agency submits the proposed rule to the legislative council for review under s. 227.15, a municipality, an association that represents a farm, labor, business, or professional group, or 5 or more persons that would be directly and uniquely affected by the proposed rule may submit a petition to the department of administration asking that the secretary of administration direct the agency to prepare an economic impact report for the proposed rule. The agency shall prepare an economic impact report before submitting the proposed rule to the legislative council staff under s. 227.15 if the secretary of administration directs the agency to prepare that report. The secretary of administration may direct the agency to prepare an economic impact report for the proposed rule before submitting the proposed rule to the legislative council staff under s. 227.15. The secretary of administration shall direct the agency to prepare an economic impact report for the proposed rule before submitting the proposed rule to the legislative council staff under s. 227.15 if the secretary determines that all of the following apply:

AB655-ASA1,52,11 (a) The petition was submitted to the department of administration no later than 90 days after the publication of the statement of the scope of the proposed rule under s. 227.135 (3) or no later than 10 days after publication of the notice for a public hearing under s. 227.17, whichever is earlier.

AB655-ASA1,52,16 (b) The proposed rule would cost affected persons $20 million or more during each of the first 5 years after the rule's implementation to comply with the rule, or the rule would adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities.

AB655-ASA1,52,24 (3) An economic impact report shall contain information on the effect of the proposed rule on specific businesses, business sectors, and the state's economy. When preparing the report, the agency shall solicit information and advice from the department of commerce, and from governmental units, associations, businesses, and individuals that may be affected by the proposed rule. The agency may request information that is reasonably necessary for the preparation of an economic impact report from other state agencies, governmental units, associations, businesses, and individuals. The economic impact report shall include all of the following:

AB655-ASA1,53,2 (a) An analysis and quantification of the problem, including any risks to public health or the environment, that the rule is intending to address.

AB655-ASA1,53,5 (b) An analysis and quantification of the economic impact of the rule, including costs reasonably expected to be incurred by the state, governmental units, associations, businesses, and affected individuals.

AB655-ASA1,53,7 (c) An analysis of benefits of the rule, including how the rule reduces the risks and addresses the problems that the rule is intended to address.

AB655-ASA1,53,9 (4) The agency shall submit the economic impact report to the legislative council staff, to the department of administration, and to the petitioner.

AB655-ASA1,53,11 (5) This section does not apply to emergency rules promulgated under s. 227.24.

AB655-ASA1, s. 162 Section 162. 227.138 of the statutes is created to read:

AB655-ASA1,53,14 227.138 Department of administration review of proposed rules. (1) In this section:

AB655-ASA1,53,15 (a) "Agency" has the meaning given in s. 227.137 (1).

AB655-ASA1,53,16 (b) "Department" means the department of administration.

AB655-ASA1,53,17 (c) "Economic impact report" means a report prepared under s. 227.137.

AB655-ASA1,53,23 (2) If an economic impact report will be prepared under s. 227.137 (2) regarding a proposed rule, the department shall review the proposed rule and issue a report. The agency shall not submit a proposed rule to the legislative council staff for review under s. 227.15 (1) until the agency receives a copy of the department's report and the approval of the secretary of administration. The report shall include all of the following findings:

AB655-ASA1,53,25 (a) That the economic impact report and the analysis required under s. 227.137 (3) are supported by related documentation contained in the economic impact report.

AB655-ASA1,54,1 (b) That the agency has statutory authority to promulgate the proposed rule.

AB655-ASA1,54,3 (c) That the proposed rule, including any administrative requirements, is consistent with and not duplicative of other state rules or federal regulations.

AB655-ASA1,54,6 (d) That the agency has adequately documented the data, studies, other sources of information, and analytical methodologies used in developing the proposed rule.

AB655-ASA1,54,13 (3) Before issuing a report under sub. (2), the department may return a proposed rule to the agency for further consideration and revision with a written explanation of why the proposed rule is returned. If the agency head disagrees with the department's reasons for returning the proposed rule, the agency head shall so notify the department in writing. The secretary of administration shall approve the proposed rule when the agency has adequately addressed the issues raised during the department's review of the rule.

AB655-ASA1, s. 163 Section 163. 227.14 (2) (a) of the statutes is amended to read:

AB655-ASA1,54,17 227.14 (2) (a) An agency shall prepare in plain language an analysis of each proposed rule, which shall be printed with the proposed rule when it is published or distributed. The analysis shall include a all of the following:

AB655-ASA1,54,21 1. A reference to each statute that the proposed rule interprets, each statute that authorizes its promulgation, each related statute or related rule, and a an explanation of the agency's authority to promulgate the proposed rule under those statutes.

AB655-ASA1,54,22 2. A brief summary of the proposed rule.

AB655-ASA1, s. 164 Section 164. 227.14 (2) (a) 3. of the statutes is created to read:

AB655-ASA1,55,3 227.14 (2) (a) 3. A summary of and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule.

AB655-ASA1, s. 165 Section 165. 227.14 (2) (a) 4. of the statutes is created to read:

AB655-ASA1,55,5 227.14 (2) (a) 4. A comparison of similar rules in adjacent states.

AB655-ASA1, s. 166 Section 166. 227.14 (2) (a) 5. of the statutes is created to read:

AB655-ASA1,55,9 227.14 (2) (a) 5. A summary of the factual data and analytical methodologies that the agency used in support of the proposed rule and how any related findings support the regulatory approach chosen for the proposed rule.

AB655-ASA1, s. 167 Section 167. 227.14 (2) (a) 6. of the statutes is created to read:

AB655-ASA1,55,14 227.14 (2) (a) 6. Any analysis and supporting documentation that the agency used in support of the agency's determination of the rule's effect on small businesses under s. 227.114 or that was used when the agency prepared an economic impact report under s. 227.137 (3).

AB655-ASA1, s. 168 Section 168. 227.14 (4) (b) 3. of the statutes is created to read:

AB655-ASA1,55,18 227.14 (4) (b) 3. For rules that the agency determines may have a significant fiscal effect on the private sector, the anticipated costs that will be incurred by the private sector in complying with the rule.

AB655-ASA1, s. 169 Section 169. 227.19 (3) (intro.) of the statutes is amended to read:

AB655-ASA1,55,25 227.19 (3) Form of report. (intro.) The report required under sub. (2) shall be in writing and shall include the proposed rule in the form specified in s. 227.14 (1), the material specified in s. 227.14 (2) to (4), a copy of any economic impact report prepared by the agency under s. 227.137, a copy of any report prepared by the department of administration under s. 227.138, a copy of any recommendations of the legislative council staff, and an analysis. The analysis shall include:

AB655-ASA1, s. 170 Section 170. 227.19 (3) (a) of the statutes is amended to read:

AB655-ASA1,56,4 227.19 (3) (a) A detailed statement explaining the need for basis and purpose of the proposed rule, including how the proposed rule advances relevant statutory goals or purposes.

AB655-ASA1, s. 171 Section 171. 227.19 (3) (b) of the statutes is amended to read:

AB655-ASA1,56,9 227.19 (3) (b) An A summary of public comments to the proposed rule and the agency's response to those comments, and an explanation of any modification made in the proposed rule as a result of public comments or testimony received at a public hearing.

AB655-ASA1, s. 172 Section 172. 227.19 (3) (cm) of the statutes is created to read:

AB655-ASA1,56,12 227.19 (3) (cm) Any changes to the analysis prepared under s. 227.14 (2) or the fiscal estimate prepared under s. 227.14 (4).

AB655-ASA1, s. 173 Section 173. 227.43 (1g) of the statutes is created to read:

AB655-ASA1,56,18 227.43 (1g) The administrator of the division of hearings and appeals shall establish a system for assigning hearing examiners to preside over any hearing under this section. The system shall ensure, to the extent practicable, that hearing examiners are assigned to different subjects on a rotating basis. The system may include the establishment of pools of examiners responsible for certain subjects.

AB655-ASA1, s. 174 Section 174. 227.44 (2) (d) of the statutes is created to read:

AB655-ASA1,56,20 227.44 (2) (d) The name and title of the person who will conduct the hearing.

AB655-ASA1, s. 175 Section 175. 227.46 (1) (intro.) of the statutes is amended to read:

AB655-ASA1,57,3 227.46 (1) (intro.) Except as provided under s. 227.43 (1), an agency may designate an official of the agency or an employee on its staff or borrowed from another agency under s. 20.901 or 230.047 as a hearing examiner to preside over any contested case. In hearings under s. 19.52, a reserve judge shall be appointed. A hearing examiner does not have authority to address whether a statute or administrative rule is constitutional. Subject to rules of the agency, examiners presiding at hearings may:

AB655-ASA1, s. 176 Section 176. 227.483 of the statutes is created to read:

AB655-ASA1,57,9 227.483 Costs upon frivolous claims. (1) If a hearing examiner finds, at any time during the proceeding, that an administrative hearing commenced or continued by a petitioner or a claim or defense used by a party is frivolous, the hearing examiner shall award the successful party his or her costs, as determined under s. 814.04, and reasonable attorney fees.

AB655-ASA1,57,13 (2) If the costs and fees awarded under sub. (1) are awarded against the party other than a public agency, those costs may be assessed fully against either the party or the attorney representing the party or may be assessed so that the party and the attorney each pay a portion of the costs and fees.

AB655-ASA1,57,15 (3) To find a petition for a hearing or a claim or defense to be frivolous under sub. (1), the hearing examiner must find at least one of the following:

AB655-ASA1,57,17 (a) That the petition, claim, or defense was commenced, used, or continued in bad faith, solely for purposes of harassing or maliciously injuring another.

AB655-ASA1,57,21 (b) That the party or the party's attorney knew, or should have known, that the petition, claim, or defense was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification, or reversal of existing law.

AB655-ASA1, s. 177 Section 177. 227.53 (1) (a) 3. of the statutes is amended to read:

AB655-ASA1,58,11 227.53 (1) (a) 3. If the petitioner is a resident, the proceedings shall be held in the circuit court for the county where the petitioner resides, except that if the petitioner is an agency, the proceedings shall be in the circuit court for the county where the respondent resides and except as provided in ss. 73.0301 (2) (b) 2., 77.59 (6) (b), 182.70 (6), and 182.71 (5) (g). The proceedings shall be in the circuit court for Dane County if If the petitioner is a nonresident , the proceedings shall be held in the county where the property affected by the decision is located or, if no property is affected, in the county where the dispute arose. If all parties stipulate and the court to which the parties desire to transfer the proceedings agrees, the proceedings may be held in the county designated by the parties. If 2 or more petitions for review of the same decision are filed in different counties, the circuit judge for the county in which a petition for review of the decision was first filed shall determine the venue for judicial review of the decision, and shall order transfer or consolidation where appropriate.

AB655-ASA1, s. 178 Section 178. 236.16 (3) (d) (intro.) of the statutes is amended to read:

AB655-ASA1,58,24 236.16 (3) (d) (intro.) All of the owners of all of the land adjacent to a public access established under par. (a) to an inland lake, as defined in s. 30.92 (1) (bk), may petition the city, village, town or county that owns the public access to construct shoreline erosion control measures. Subject to par. (e), the city, village, town or county shall construct the requested shoreline erosion control measures or request the department of natural resources to determine the need for shoreline erosion control measures. Upon receipt of a request under this paragraph from a city, village, town or county, the department of natural resources shall follow the notice and hearing procedures in s. 30.02 (3) and (4) 30.208 (3) to (5). Subject to par. (e), the city, village, town or county shall construct shoreline erosion control measures as required by the department of natural resources if the department of natural resources determines all of the following:

AB655-ASA1, s. 179 Section 179. 285.11 (9) of the statutes is amended to read:

AB655-ASA1,59,2 285.11 (9) Prepare and adopt minimum standards for the emission of mercury compounds or metallic mercury into the air, consistent with s. 285.27 (2) (b).

AB655-ASA1, s. 180 Section 180. 285.14 of the statutes is created to read:

AB655-ASA1,59,7 285.14 State implementation plans. (1) Content. The department may not submit a control measure or strategy to the federal environmental protection agency for inclusion in a state implementation plan under 42 USC 7410 unless the department has promulgated the control measure or strategy as a rule.

AB655-ASA1,59,20 (2) Review by standing committees. At least 60 days before the department is required to submit a state implementation plan to the federal environmental protection agency, the department shall prepare, and provide to the standing committees of the legislature with jurisdiction over environmental matters, under s. 13.172 (3) a report that describes the proposed plan and contains all of the supporting documents that the department intends to submit with the plan. The department shall also submit to the revisor of statutes for publication in the administrative register a notice of availability of the report. If, within 30 days after the department provides the report, the chairperson of a standing committee to which the report was provided submits written comments on the report to the department, the secretary shall respond to the chairperson in writing within 15 days of receipt of the comments. This subsection does not apply to a modification to a state implementation plan relating to an individual source.

AB655-ASA1, s. 181 Section 181. 285.17 (2) of the statutes is renumbered 285.17 (2) (a).

AB655-ASA1, s. 182 Section 182. 285.17 (2) (b) of the statutes is created to read:

AB655-ASA1,60,11 285.17 (2) (b) Before issuing an operation permit that contains a monitoring requirement relating to the emissions from an air contaminant source, the department shall notify the applicant of the proposed monitoring requirement and give the applicant the opportunity to demonstrate to the administrator of the division of the department that administers this chapter that the proposed monitoring requirement is unreasonable considering, among other factors, monitoring requirements imposed on similar air contaminant sources by other states. If the administrator determines that the monitoring requirement is unreasonable, the department may not impose the monitoring requirement. If the administrator determines that the monitoring requirement is reasonable, the applicant may obtain a review of that determination by the secretary. The secretary may not delegate this function to another person. If the secretary determines that the monitoring requirement is unreasonable, the department may not impose the monitoring requirement.

AB655-ASA1, s. 183 Section 183. 285.21 (1) (b) of the statutes is renumbered 285.21 (1) (b) (intro.) and amended to read:

AB655-ASA1,60,20 285.21 (1) (b) Standard to protect health or welfare. (intro.) If an ambient air quality standard for any air contaminant is not promulgated under section 109 of the federal clean air act, the department may promulgate an ambient air quality standard if the department finds that the standard is needed to provide adequate protection for public health or welfare. The department may not make this finding for an air contaminant unless the finding is supported with written documentation that includes all of the following:

AB655-ASA1, s. 184 Section 184. 285.21 (1) (b) 1. to 4. of the statutes are created to read:

AB655-ASA1,60,24 285.21 (1) (b) 1. A public health risk assessment that characterizes the types of stationary sources in this state that are known to emit the air contaminant and the population groups that are potentially at risk from the emissions.

AB655-ASA1,61,3 2. An analysis showing that members of population groups are subjected to levels of the air contaminant that are above recognized environmental health standards.

AB655-ASA1,61,7 3. An evaluation of options for managing the risks caused by the air contaminant considering risks, costs, economic impacts, feasibility, energy, safety, and other relevant factors, and a finding that the proposed ambient air quality standard reduces risks in the most cost-effective manner practicable.

AB655-ASA1,61,10 4. A comparison of regulatory programs reasonably expected to meet the proposed ambient air quality standard with ambient air quality regulatory programs in Illinois, Indiana, Michigan, Minnesota, or Ohio.

AB655-ASA1, s. 185 Section 185. 285.21 (4) of the statutes is amended to read:

AB655-ASA1,61,19 285.21 (4) Impact of change in federal standards. If the ambient air increment or the ambient air quality standards in effect on April 30, 1980, under the federal clean air act are relaxed modified, the department shall alter the corresponding state standards unless it finds that the relaxed modified standards would not provide adequate protection for public health and welfare. The department may not make this finding for an ambient air quality standard unless the finding is supported with the written documentation required under sub. (1) (b) 1. to 4.

AB655-ASA1, s. 186 Section 186. 285.23 (1) of the statutes is amended to read:

AB655-ASA1,62,4 285.23 (1) Procedures and criteria. The department shall promulgate by rule procedures and criteria to identify a nonattainment area and to reclassify a nonattainment area as an attainment area. After the effective date of this subsection .... [revisor inserts date], the department may not identify a county as part of a nonattainment area or recommend that a county be designated as part of a nonattainment area under the federal clean air act if the concentration of an air contaminant in the atmosphere does not exceed an ambient air quality standard, unless under the federal clean air act the county is required to be designated as part of a nonattainment area.

AB655-ASA1, s. 187 Section 187. 285.23 (2) of the statutes is amended to read: