Amendment ASA2-AB655

AB655-ASA2,50,5 (b) If a stay under sub. (1) (c) is in effect, the hearing examiner shall, within 30 days after receipt of the referral under sub. (1) (g), determine whether continuation of the stay is necessary to prevent significant adverse impacts or irreversible harm to the environment pending completion of the hearing. The hearing examiner shall make the determination based on the request under sub. (1) (c), any response from the applicant under sub. (1) (e), and any testimony at a public hearing or any public comments. The determination shall be made without a hearing.

AB655-ASA2,50,11 (c) A hearing under this section shall be completed within 90 days after receipt of the referral of the petition under sub. (1) (g), unless all parties agree to an extension of that period. In addition, a hearing examiner may grant a one-time extension for the completion of the hearing of up to 60 days on the motion of any party and a showing of good cause demonstrating extraordinary circumstances justifying an extension.

AB655-ASA2,50,13 (d) Notwithstanding s. 227.44 (1), the department shall provide a notice of the hearing at least 30 days before the date of the hearing to all of the following:

AB655-ASA2,50,14 1. The applicant.

AB655-ASA2,50,15 2. Each petitioner, if other than the applicant.

AB655-ASA2,50,17 3. Any other persons required to receive notice under the rules promulgated under s. 30.208 (5).

AB655-ASA2,50,20 (3) Judicial review. (a) Any person whose substantial interest is affected by a decision of the department under sub. (1m) (a) 1. or 2. may commence an action in circuit court to review that decision.

AB655-ASA2,50,22 (b) Any party aggrieved by a decision of a hearing examiner under sub. (2) may commence an action in circuit court to review that decision.

AB655-ASA2, s. 151 Section 151. 30.28 (3) (a) of the statutes is renumbered 30.28 (3).

AB655-ASA2, s. 152 Section 152. 30.28 (3) (b) of the statutes is repealed.

AB655-ASA2, s. 153 Section 153. 30.285 of the statutes is created to read:

AB655-ASA2,51,2 30.285 Records of exemptions and permitted activities. (1) On an annual basis, the department shall keep records of all of the following

AB655-ASA2,51,4 (a) The number of exempted activities that are conducted under ss. 30.12 (1g), 30.123 (6), 30.19 (1m), and 30.20 (1g) of which the department is aware.

AB655-ASA2,51,6 (b) The number of exemptions under par. (a) for which the department required applications for individual permits or contracts.

AB655-ASA2,51,8 (c) The number of exemptions under par. (a) for which the department required applications to seek authorizations to proceed under general permits.

AB655-ASA2,51,10 (d) The number of activities that are authorized under general permits for which the department requires applications for individual permits or contracts.

AB655-ASA2,51,12 (2) For each record kept under sub. (1) (b) to (d), the department shall include all of the following:

AB655-ASA2,51,13 (a) The type of permit or contract application required.

AB655-ASA2,51,14 (b) The date of the application.

AB655-ASA2,51,16 (c) The date of the department's decision whether to issue the individual permit, grant authorization under the general permit, or to grant the contract.

AB655-ASA2,51,17 (d) The county in which the activity or project is located.

AB655-ASA2, s. 154 Section 154. 30.29 (3) (d) of the statutes is amended to read:

AB655-ASA2,51,23 30.29 (3) (d) Activities for which a permit is issued. A person or agent of a person who is issued a permit by the department while the person or agent is engaged in activities related to the purpose for which the permit is issued as authorized under a general or individual permit issued under this subchapter or as authorized under a contract entered into under this subchapter.

AB655-ASA2, s. 155 Section 155. 30.291 of the statutes is created to read:

AB655-ASA2,52,7 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), whether a general permit is appropriate under s. 30.206 (3), or whether authorization to proceed under a general permit is appropriate under s. 30.206 (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-ASA2,52,9 (3) The department shall provide reasonable advance notice, before entering the site and inspecting the property.

AB655-ASA2,52,14 (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 shall deny authorization to proceed under the general permit and shall allow an application to be submitted for an individual permit for the activity.

AB655-ASA2, s. 156 Section 156. 30.298 (3) of the statutes is amended to read:

AB655-ASA2,52,19 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-ASA2, s. 157 Section 157. 84.18 (6) of the statutes is amended to read:

AB655-ASA2,53,10 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-ASA2, s. 158 Section 158. 227.135 (1) (f) of the statutes is created to read:

AB655-ASA2,53,14 227.135 (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-ASA2, s. 159 Section 159. 227.137 of the statutes is created to read:

AB655-ASA2,53,18 227.137 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-ASA2,54,8 (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-ASA2,54,12 (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-ASA2,54,17 (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-ASA2,54,25 (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-ASA2,55,2 (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-ASA2,55,5 (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-ASA2,55,7 (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-ASA2,55,9 (4) The agency shall submit the economic impact report to the legislative council staff, to the department of administration, and to the petitioner.

AB655-ASA2,55,11 (5) This section does not apply to emergency rules promulgated under s. 227.24.

AB655-ASA2, s. 160 Section 160. 227.138 of the statutes is created to read:

AB655-ASA2,55,14 227.138 Department of administration review of proposed rules. (1) In this section:

AB655-ASA2,55,15 (a) "Agency" has the meaning given in s. 227.137 (1).

AB655-ASA2,55,16 (b) "Department" means the department of administration.

AB655-ASA2,55,17 (c) "Economic impact report" means a report prepared under s. 227.137.

AB655-ASA2,55,23 (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-ASA2,55,25 (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-ASA2,56,1 (b) That the agency has statutory authority to promulgate the proposed rule.

AB655-ASA2,56,3 (c) That the proposed rule, including any administrative requirements, is consistent with and not duplicative of other state rules or federal regulations.

AB655-ASA2,56,7 (d) That the agency has adequately documented the factual data and analytical methodologies that the agency used in support of the proposed rule and the related findings that support the regulatory approach that the agency chose for the proposed rule.

AB655-ASA2,56,14 (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-ASA2,56,16 (4) No person is entitled to judicial review of any action taken by the department under this section.

AB655-ASA2, s. 161 Section 161. 227.14 (2) (a) of the statutes is amended to read:

AB655-ASA2,56,20 227.14 (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-ASA2,56,24 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-ASA2,56,25 2. A brief summary of the proposed rule.

AB655-ASA2, s. 162 Section 162. 227.14 (2) (a) 3. of the statutes is created to read:

AB655-ASA2,57,4 227.14 (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-ASA2, s. 163 Section 163. 227.14 (2) (a) 4. of the statutes is created to read:

AB655-ASA2,57,6 227.14 (2) (a) 4. A comparison of similar rules in adjacent states.

AB655-ASA2, s. 164 Section 164. 227.14 (2) (a) 5. of the statutes is created to read:

AB655-ASA2,57,10 227.14 (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-ASA2, s. 165 Section 165. 227.14 (2) (a) 6. of the statutes is created to read:

AB655-ASA2,57,15 227.14 (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-ASA2, s. 166 Section 166. 227.14 (4) (b) 3. of the statutes is created to read:

AB655-ASA2,57,19 227.14 (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-ASA2, s. 167 Section 167. 227.19 (3) (intro.) of the statutes is amended to read:

AB655-ASA2,58,2 227.19 (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-ASA2, s. 168 Section 168. 227.19 (3) (a) of the statutes is amended to read:

AB655-ASA2,58,6 227.19 (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-ASA2, s. 169 Section 169. 227.19 (3) (b) of the statutes is amended to read:

AB655-ASA2,58,11 227.19 (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-ASA2, s. 170 Section 170. 227.19 (3) (cm) of the statutes is created to read:

AB655-ASA2,58,14 227.19 (3) (cm) Any changes to the analysis prepared under s. 227.14 (2) or the fiscal estimate prepared under s. 227.14 (4).

AB655-ASA2, s. 171 Section 171. 227.43 (1g) of the statutes is created to read:

AB655-ASA2,58,20 227.43 (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-ASA2, s. 172 Section 172. 227.44 (2) (d) of the statutes is created to read:

AB655-ASA2,58,24 227.44 (2) (d) If the subject of the hearing is a decision of the department of natural resources or the department of transportation, the name and title of the person who will conduct the hearing.

AB655-ASA2, s. 173 Section 173. 227.483 of the statutes is created to read:

AB655-ASA2,59,6 227.483 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 the costs and reasonable attorney fees that are directly attributable to responding to the frivolous petition, claim, or defense.

AB655-ASA2,59,10 (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-ASA2,59,12 (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-ASA2,59,14 (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-ASA2,59,18 (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-ASA2, s. 174 Section 174. 227.53 (1) (a) 3. of the statutes is amended to read: