AB655-ASA2,59,1413 (a) That the petition, claim, or defense was commenced, used, or continued in
14bad faith, solely for purposes of harassing or maliciously injuring another.
AB655-ASA2,59,1815 (b) That the party or the party's attorney knew, or should have known, that the
16petition, claim, or defense was without any reasonable basis in law or equity and
17could not be supported by a good faith argument for an extension, modification, or
18reversal of existing law.
AB655-ASA2, s. 174 19Section 174. 227.53 (1) (a) 3. of the statutes is amended to read:
AB655-ASA2,60,820 227.53 (1) (a) 3. If the petitioner is a resident, the proceedings shall be held in
21the circuit court for the county where the petitioner resides, except that if the
22petitioner is an agency, the proceedings shall be in the circuit court for the county
23where the respondent resides and except as provided in ss. 73.0301 (2) (b) 2., 77.59
24(6) (b), 182.70 (6), and 182.71 (5) (g). The proceedings shall be in the circuit court for
25Dane County if
If the petitioner is a nonresident , the proceedings shall be held in the

1county where the property affected by the decision is located or, if no property is
2affected, in the county where the dispute arose
. If all parties stipulate and the court
3to which the parties desire to transfer the proceedings agrees, the proceedings may
4be held in the county designated by the parties. If 2 or more petitions for review of
5the same decision are filed in different counties, the circuit judge for the county in
6which a petition for review of the decision was first filed shall determine the venue
7for judicial review of the decision, and shall order transfer or consolidation where
8appropriate.
AB655-ASA2, s. 175 9Section 175. 236.16 (3) (d) (intro.) of the statutes is amended to read:
AB655-ASA2,60,2110 236.16 (3) (d) (intro.) All of the owners of all of the land adjacent to a public
11access established under par. (a) to an inland lake, as defined in s. 30.92 (1) (bk), may
12petition the city, village, town or county that owns the public access to construct
13shoreline erosion control measures. Subject to par. (e), the city, village, town or
14county shall construct the requested shoreline erosion control measures or request
15the department of natural resources to determine the need for shoreline erosion
16control measures. Upon receipt of a request under this paragraph from a city, village,
17town or county, the department of natural resources shall follow the notice and
18hearing
procedures in s. 30.02 (3) and (4) 30.208 (3) to (5). Subject to par. (e), the city,
19village, town or county shall construct shoreline erosion control measures as
20required by the department of natural resources if the department of natural
21resources determines all of the following:
AB655-ASA2, s. 176 22Section 176. 285.11 (9) of the statutes is amended to read:
AB655-ASA2,60,2423 285.11 (9) Prepare and adopt minimum standards for the emission of mercury
24compounds or metallic mercury into the air, consistent with s. 285.27 (2) (b).
AB655-ASA2, s. 177 25Section 177. 285.14 of the statutes is created to read:
AB655-ASA2,61,5
1285.14 State implementation plans. (1) Content. The department may not
2submit a control measure or strategy that imposes or may result in regulatory
3requirements to the federal environmental protection agency for inclusion in a state
4implementation plan under 42 USC 7410 unless the department has promulgated
5the control measure or strategy as a rule.
AB655-ASA2,61,18 6(2) Review by standing committees. At least 60 days before the department is
7required to submit a state implementation plan to the federal environmental
8protection agency, the department shall prepare, and provide to the standing
9committees of the legislature with jurisdiction over environmental matters, under
10s. 13.172 (3) a report that describes the proposed plan and contains all of the
11supporting documents that the department intends to submit with the plan. The
12department shall also submit to the revisor of statutes for publication in the
13administrative register a notice of availability of the report. If, within 30 days after
14the department provides the report, the chairperson of a standing committee to
15which the report was provided submits written comments on the report to the
16department, the secretary shall respond to the chairperson in writing within 15 days
17of receipt of the comments. This subsection does not apply to a modification to a state
18implementation plan relating to an individual source.
AB655-ASA2, s. 178 19Section 178. 285.17 (2) of the statutes is renumbered 285.17 (2) (a).
AB655-ASA2, s. 179 20Section 179. 285.17 (2) (b) of the statutes is created to read:
AB655-ASA2,62,921 285.17 (2) (b) Before issuing an operation permit that contains a monitoring
22requirement relating to the emissions from an air contaminant source, the
23department shall notify the applicant of the proposed monitoring requirement and
24give the applicant the opportunity to demonstrate to the administrator of the
25division of the department that administers this chapter that the proposed

1monitoring requirement is unreasonable considering, among other factors,
2monitoring requirements imposed on similar air contaminant sources. If the
3administrator determines that the monitoring requirement is unreasonable, the
4department may not impose the monitoring requirement. If the administrator
5determines that the monitoring requirement is reasonable, the applicant may obtain
6a review of that determination by the secretary. The secretary may not delegate this
7function to another person. If the secretary determines that the monitoring
8requirement is unreasonable, the department may not impose the monitoring
9requirement.
AB655-ASA2, s. 180 10Section 180. 285.21 (1) (b) of the statutes is renumbered 285.21 (1) (b) (intro.)
11and amended to read:
AB655-ASA2,62,1812 285.21 (1) (b) Standard to protect health or welfare. (intro.) If an ambient air
13quality standard for any air contaminant is not promulgated under section 109 of the
14federal clean air act, the department may promulgate an ambient air quality
15standard if the department finds that the standard is needed to provide adequate
16protection for public health or welfare. The department may not make this finding
17for an air contaminant unless the finding is supported with written documentation
18that includes all of the following:
AB655-ASA2, s. 181 19Section 181. 285.21 (1) (b) 1. to 4. of the statutes are created to read:
AB655-ASA2,62,2220 285.21 (1) (b) 1. A public health risk assessment that characterizes the types
21of stationary sources in this state that are known to emit the air contaminant and
22the population groups that are potentially at risk from the emissions.
AB655-ASA2,63,223 2. An analysis showing that members of population groups are subjected to
24levels of the air contaminant that are above recognized environmental health

1standards or will be subjected to those levels if the department fails to promulgate
2the proposed ambient air quality standard.
AB655-ASA2,63,63 3. An evaluation of options for managing the risks caused by the air
4contaminant considering risks, costs, economic impacts, feasibility, energy, safety,
5and other relevant factors, and a finding that the proposed ambient air quality
6standard reduces risks in the most cost-effective manner practicable.
AB655-ASA2,63,87 4. A comparison of the proposed ambient air quality standard with ambient air
8quality standards in Illinois, Indiana, Michigan, Minnesota, and Ohio.
AB655-ASA2, s. 182 9Section 182. 285.21 (4) of the statutes is amended to read:
AB655-ASA2,63,1710 285.21 (4) Impact of change in federal standards. If the ambient air
11increment or the ambient air quality standards in effect on April 30, 1980, under the
12federal clean air act are relaxed modified, the department shall alter the
13corresponding state standards unless it finds that the relaxed modified standards
14would not provide adequate protection for public health and welfare. The
15department may not make this finding for an ambient air quality standard unless
16the finding is supported with the written documentation required under sub. (1) (b)
171. to 4.
AB655-ASA2, s. 183 18Section 183. 285.23 (1) of the statutes is amended to read:
AB655-ASA2,64,219 285.23 (1) Procedures and criteria. The department shall promulgate by rule
20procedures and criteria to identify a nonattainment area and to reclassify a
21nonattainment area as an attainment area. After the effective date of this subsection
22.... [revisor inserts date], the department may not identify a county as part of a
23nonattainment area under the federal clean air act if the concentration of an air
24contaminant in the atmosphere in that county does not exceed an ambient air quality

1standard, unless under the federal clean air act the county is required to be
2designated as part of a nonattainment area.
AB655-ASA2, s. 184 3Section 184. 285.23 (2) of the statutes is amended to read:
AB655-ASA2,64,84 285.23 (2) Documents. The department shall issue documents from time to
5time which define or list specific nonattainment areas or recommend that areas be
6designated as nonattainment areas under the federal clean air act
based upon the
7procedures and criteria promulgated under sub. (1). Notwithstanding ss. 227.01 (13)
8and 227.10 (1), documents issued under this subsection are not rules.
AB655-ASA2, s. 185 9Section 185. 285.23 (6) of the statutes is created to read:
AB655-ASA2,64,2110 285.23 (6) Report to standing committees. Before the department issues
11documents under sub. (2) and at least 60 days before the governor is required to make
12a submission on a nonattainment designation under 42 USC 7407 (d) (1) (A), the
13department shall prepare, and provide to the standing committees of the legislature
14with jurisdiction over environmental matters under s. 13.172 (3), a report that
15contains a description of any area proposed to be identified as a nonattainment area
16and supporting documentation. The department shall also submit to the revisor of
17statutes for publication in the administrative register a notice of availability of the
18report. If, within 30 days after the department submits the report, the chairperson
19of a standing committee to which the report was provided submits written comments
20on the report to the department, the secretary shall respond to the chairperson in
21writing within 15 days of receipt of the comments.
AB655-ASA2, s. 186 22Section 186. 285.27 (1) (a) of the statutes is amended to read:
AB655-ASA2,65,323 285.27 (1) (a) Similar to federal standard. If a standard of performance for new
24stationary sources is promulgated under section 111 of the federal clean air act, the
25department shall promulgate by rule a similar emission standard, including

1administrative requirements that are consistent with the federal administrative
2requirements,
but this standard may not be more restrictive in terms of emission
3limitations than the federal standard except as provided under sub. (4).
AB655-ASA2, s. 187 4Section 187. 285.27 (2) (a) of the statutes is amended to read:
AB655-ASA2,65,105 285.27 (2) (a) Similar to federal standard. If an emission standard for a
6hazardous air contaminant is promulgated under section 112 of the federal clean air
7act, the department shall promulgate by rule a similar standard, including
8administrative requirements that are consistent with the federal administrative
9requirements,
but this standard may not be more restrictive in terms of emission
10limitations than the federal standard except as provided under sub. (4).
AB655-ASA2, s. 188 11Section 188. 285.27 (2) (b) of the statutes is renumbered 285.27 (2) (b) (intro.)
12and amended to read:
AB655-ASA2,65,1913 285.27 (2) (b) Standard to protect public health or welfare. (intro.) If an
14emission standard for a hazardous air contaminant is not promulgated under section
15112 of the federal clean air act, the department may promulgate an emission
16standard for the hazardous air contaminant if the department finds the standard is
17needed to provide adequate protection for public health or welfare. The department
18may not make this finding for a hazardous air contaminant unless the finding is
19supported with written documentation that includes all of the following:
AB655-ASA2, s. 189 20Section 189. 285.27 (2) (b) 1. to 4. of the statutes are created to read:
AB655-ASA2,65,2421 285.27 (2) (b) 1. A public health risk assessment that characterizes the types
22of stationary sources in this state that are known to emit the hazardous air
23contaminant and the population groups that are potentially at risk from the
24emissions.
AB655-ASA2,66,4
12. An analysis showing that members of population groups are subjected to
2levels of the hazardous air contaminant that are above recognized environmental
3health standards or will be subjected to those levels if the department fails to
4promulgate the proposed emission standard for the hazardous air contaminant.
AB655-ASA2,66,85 3. An evaluation of options for managing the risks caused by the hazardous air
6contaminant considering risks, costs, economic impacts, feasibility, energy, safety,
7and other relevant factors, and a finding that the chosen compliance alternative
8reduces risks in the most cost-effective manner practicable.
AB655-ASA2,66,119 4. A comparison of the emission standards for hazardous air contaminants in
10this state to hazardous air contaminant standards in Illinois, Indiana, Michigan,
11Minnesota, and Ohio.
AB655-ASA2, s. 190 12Section 190. 285.27 (2) (d) of the statutes is created to read:
AB655-ASA2,66,2113 285.27 (2) (d) Emissions regulated under federal law. Emissions limitations
14promulgated under par. (b) and related control requirements do not apply to
15hazardous air contaminants emitted by emissions units, operations, or activities
16that are regulated by an emission standard promulgated under section 112 of the
17federal clean air act, including a hazardous air contaminant that is regulated under
18section 112 of the federal clean air act by virtue of regulation of another substance
19as a surrogate for the hazardous air contaminant or by virtue of regulation of a
20species or category of hazardous air contaminants that includes the hazardous air
21contaminant.
AB655-ASA2, s. 191 22Section 191. 285.27 (4) of the statutes is amended to read:
AB655-ASA2,67,823 285.27 (4) Impact of change in federal standards. If the standards of
24performance for new stationary sources or the emission standards for hazardous air
25contaminants under the federal clean air act are relaxed, the department shall alter

1the corresponding state standards unless it finds that the relaxed standards would
2not provide adequate protection for public health and welfare. The department may
3not make this finding for an emission standard for a hazardous air contaminant
4unless the finding is supported with the written documentation required under sub.
5(2) (b) 1. to 4.
This subsection applies to state standards of performance for new
6stationary sources and emission standards for hazardous air contaminants in effect
7on April 30, 1980, if the relaxation in the corresponding federal standards occurs
8after April 30, 1980.
AB655-ASA2, s. 192 9Section 192. 285.60 (1) (a) 1. of the statutes is amended to read:
AB655-ASA2,67,1210 285.60 (1) (a) 1. Except as provided in sub. (2g), (5m), or (6), no person may
11commence construction, reconstruction, replacement or modification of a stationary
12source unless the person has a construction permit from the department.
AB655-ASA2, s. 193 13Section 193. 285.60 (2g) of the statutes is created to read:
AB655-ASA2,67,2414 285.60 (2g) Registration permits. (a) Rules. Subject to sub. (8), the
15department shall promulgate rules specifying a simplified process under which the
16department may issue a registration permit authorizing construction or operation
17or both for a stationary source with low actual or potential emissions if the owner or
18operator provides to the department, on a form prescribed by the department,
19sufficient information to show that the source qualifies for a registration permit. In
20the rules, the department shall include criteria for identifying categories of sources
21the owners or operators of which may elect to obtain registration permits and general
22requirements applicable to sources that qualify for registration permits. In the rules,
23the department may exempt persons who qualify for registration permits from the
24requirement to obtain a construction permit.
AB655-ASA2,68,4
1(b) Procedure. The procedural requirements of ss. 285.61 (2) to (8) and 285.62
2(2) to (7) do not apply to a registration permit under this subsection. Within 15 days
3after receipt of the form prescribed by the department, the department shall provide
4one of the following to an applicant for a registration permit:
AB655-ASA2,68,65 1. Written notice of the department's determination that the source qualifies
6for a registration permit.
AB655-ASA2,68,87 2. A written description of any information that is missing from the application
8for a registration permit.
AB655-ASA2,68,119 3. Written notice of the department's determination that the source does not
10qualify for a registration permit, specifically describing the reasons for that
11determination.
AB655-ASA2, s. 194 12Section 194. 285.60 (2m) of the statutes is repealed.
AB655-ASA2, s. 195 13Section 195. 285.60 (3) of the statutes is repealed and recreated to read:
AB655-ASA2,68,1814 285.60 (3) General permits. (a) Rules. The department shall promulgate rules
15for the issuance of general permits authorizing construction or operation or both for
16similar stationary sources. In the rules, the department shall specify criteria for
17identifying categories of sources for which the department may issue general permits
18and general requirements applicable to sources that qualify for general permits.
AB655-ASA2,68,2319 (b) Procedure. The procedural requirements of ss. 285.61 (2) to (8) and 285.62
20(2) to (5) do not apply to the determination of whether a source is covered by a general
21permit under this subsection. Within 15 days after receipt of an application for
22coverage under a general permit, the department shall provide one of the following
23to the applicant:
AB655-ASA2,68,2524 1. Written notice of the department's determination that the source qualifies
25for coverage under the general permit.
AB655-ASA2,69,2
12. A written description of any information that is missing from the application
2for coverage under the general permit.
AB655-ASA2,69,53 3. Written notice of the department's determination that the source does not
4qualify for coverage under the general permit, specifically describing the reasons for
5that determination.
AB655-ASA2, s. 196 6Section 196. 285.60 (5m) of the statutes is created to read:
AB655-ASA2,69,127 285.60 (5m) Waiver of construction permit requirements. (a) Subject to sub.
8(8), the department shall promulgate rules under which a person is allowed to
9commence construction, reconstruction, replacement, or modification of a stationary
10source prior to the issuance of a construction permit upon a showing that
11commencing construction, reconstruction, replacement, or modification prior to the
12issuance of the permit is necessary to avoid undue hardship.
AB655-ASA2,69,1613 (b) Subject to sub. (8), the department may allow a person to commence
14construction, reconstruction, replacement, or modification of a stationary source
15prior to the issuance of a construction permit on a case-by-case basis or on bases
16specified in a rule.
AB655-ASA2,69,1817 (c) The department shall act on a waiver request under this subsection within
1815 days after it receives the request.
AB655-ASA2, s. 197 19Section 197. 285.60 (6) of the statutes is renumbered 285.60 (6) (a).
AB655-ASA2, s. 198 20Section 198. 285.60 (6) (b) of the statutes is created to read:
AB655-ASA2,69,2421 285.60 (6) (b) Subject to sub. (8), the department shall, by rule, exempt minor
22sources from the requirement to obtain a construction permit and an operation
23permit if the emissions from the sources do not present a significant hazard to public
24health, safety or welfare or to the environment.
AB655-ASA2, s. 199 25Section 199. 285.60 (8) of the statutes is created to read:
AB655-ASA2,70,3
1285.60 (8) Compliance with federal law. The department may not promulgate
2a rule or take any other action under this section that conflicts with the federal clean
3air act.
AB655-ASA2, s. 200 4Section 200. 285.60 (9) of the statutes is created to read:
AB655-ASA2,70,165 285.60 (9) Petitions for registration permits, general permits, and
6exemptions.
A person may petition the department to make a determination that a
7type of stationary source meets the criteria for a registration permit under sub. (2g),
8a general permit under sub. (3), or an exemption under sub. (6). The department
9shall provide a written response to a petition within 30 days after receiving the
10petition indicating whether the type of stationary source meets the applicable
11criteria for a registration permit, a general permit, or an exemption. If the type of
12source meets the applicable criteria, the department shall, within 365 days after
13receiving the petition, issue the registration permit or general permit or, for an
14exemption, shall submit to the legislative council staff under s. 227.15 (1) in proposed
15form any necessary rules or take any other action that is necessary provide the
16exemption.
AB655-ASA2, s. 201 17Section 201. 285.60 (10) of the statutes is created to read:
AB655-ASA2,71,218 285.60 (10) Permit streamlining. The department shall continually assess
19permit obligations imposed under this section and ss. 285.61 to 285.65 and
20implement measures that are consistent with this chapter and the federal clean air
21act to allow for timely installation and operation of equipment and processes and the
22pursuit of related economic activity by lessening those obligations, including
23consolidating the permits for sources at a facility into one permit, expanding
24exemptions under sub. (6), and expanding the availability of registration permits

1under sub. (2g), general permits under sub. (3), and construction permit waivers
2under sub. (5m).
AB655-ASA2, s. 202 3Section 202. 285.61 (2) of the statutes is renumbered 285.61 (2) (a) 1. and
4amended to read:
AB655-ASA2,71,105 285.61 (2) (a) 1. Within 20 days, excluding statewide legal holidays specified
6in s. 895.20,
after receipt of the application the department shall indicate provide
7written notice to the applicant describing specifically all of
the plans, specifications
8and any other information necessary to determine if the proposed construction,
9reconstruction, replacement or modification will meet the requirements of this
10chapter and s. 299.15 and rules promulgated under this chapter and s. 299.15.
AB655-ASA2, s. 203 11Section 203. 285.61 (2) (a) (title) of the statutes is created to read:
AB655-ASA2,71,1212 285.61 (2) (a) (title) Request for additional information.
AB655-ASA2, s. 204 13Section 204. 285.61 (2) (a) 2. of the statutes is created to read:
AB655-ASA2,71,1714 285.61 (2) (a) 2. If the department requests additional information under subd.
151., the department shall notify the applicant, within 15 days after receiving
16additional information from the applicant, whether that additional information
17satisfies the department's request.
AB655-ASA2, s. 205 18Section 205. 285.61 (2) (b) of the statutes is created to read:
AB655-ASA2,71,2219 285.61 (2) (b) When application is considered to be complete. 1. If the
20department does not indicate to an applicant within the time provided in par. (a) 1.
21that additional information is needed, the application is considered to be complete
22for the purposes of the time limits in sub. (3) 20 days after receipt of the application.
AB655-ASA2,72,223 2. If the department indicates to an applicant within the time provided in par.
24(a) 1. that additional information is needed but the department does not indicate to
25the applicant within the time provided in par. (a) 2. that additional information

1provided is deficient, the application is considered to be complete for the purposes of
2the time limits in sub. (3) 15 days after receipt of the additional information.
AB655-ASA2,72,63 3. If neither subd. 1. nor subd. 2. applies, an application is considered to be
4complete for the purposes of the time limits in sub. (3) when the department notifies
5the applicant under par. (a) 2. that the additional information provided by the
6applicant satisfies the department's request.
AB655-ASA2,72,87 4. This paragraph does not prevent the department from requesting additional
8information from an applicant after the time limit in par. (a) 1. or 2.
AB655-ASA2, s. 206 9Section 206. 285.61 (3) (intro.) of the statutes is amended to read:
AB655-ASA2,72,1510 285.61 (3) Analysis. (intro.) The department shall prepare an analysis
11regarding the effect of the proposed construction, reconstruction, replacement or
12modification on ambient air quality and a preliminary determination on the
13approvability of the construction permit application, within the following time
14periods after the receipt of the plans, specifications and other information
15application is considered to be complete under sub. (2) (b):
AB655-ASA2, s. 207 16Section 207. 285.61 (3) (a) of the statutes is amended to read:
AB655-ASA2,72,1817 285.61 (3) (a) Major source construction permits. For construction permits for
18major sources, within 120 90 days.
AB655-ASA2, s. 208 19Section 208. 285.61 (7) (a) of the statutes is amended to read:
AB655-ASA2,73,220 285.61 (7) (a) Hearing permitted. The department may hold a public hearing
21on the construction permit application if requested by a person who may be affected
22by the issuance of the permit
, any affected state or the U.S. environmental protection
23agency within 30 days after the department gives notice under sub. (5) (c). A request
24for a public hearing shall indicate the interest of the party filing the request and the
25reasons why a hearing is warranted. The department shall hold the public hearing

1within 60 days after the deadline for requesting a hearing if it deems that there is
2a significant public interest in holding a hearing.
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