AB655, s. 142 15Section 142. 30.206 (7) of the statutes is amended to read:
AB655,54,1816 30.206 (7) This section does not apply to an application for a general permit for
17the Wolf River and Fox River basin area or any area designated under s. 30.207 (1m)
18if the application for the general permit may be submitted under s. 30.207.
AB655, s. 143 19Section 143. 30.207 (1) of the statutes is amended to read:
AB655,55,320 30.207 (1) Geographical area. For purposes of this section and s. 30.12 (3) (bt)
2130.2023, the Wolf River and Fox River basin area consists of all of Winnebago County;
22the portion and shoreline of Lake Poygan in Waushara County; the area south of
23STH 21 and east of STH 49 in Waushara County; that portion of Calumet County in
24the Lake Winnebago watershed; all of Fond du Lac County north of STH 23; that
25portion of Outagamie County south and east of USH 41; that portion of Waupaca

1County that includes the town of Mukwa, city of New London, town of Caledonia,
2town of Fremont; and the portion and shoreline of Partridge Lake and the Wolf River
3in the town of Weyauwega.
AB655, s. 144 4Section 144. 30.207 (3) (d) 2. of the statutes is amended to read:
AB655,55,75 30.207 (3) (d) 2. Specify the department's plans for proceeding on the
6application. The plans shall include a timetable for the notice and hearing required
7under sub. (4).
AB655, s. 145 8Section 145. 30.207 (4) (b) of the statutes is repealed.
AB655, s. 146 9Section 146. 30.207 (5) of the statutes is repealed.
AB655, s. 147 10Section 147. 30.208 of the statutes is created to read:
AB655,55,15 1130.208 Applications for individual permits and contracts; department
12determinations.
(1) Application required. A person who seeks to obtain or modify
13an individual permit under this subchapter or to enter into a contract under s. 30.20
14shall submit an application to the department. The application may contain a
15request for a public hearing on the application.
AB655,55,23 16(3) Notice of complete application; request for public hearing; decision. (a)
17Upon determination by the department that an application submitted under sub. (1)
18is complete, the department shall provide notice of complete application to interested
19and potentially interested members of the public, as determined by the department.
20The department shall provide the notice within 15 days after the determination that
21the application is complete. If the applicant has requested a public hearing as part
22of the submitted application, a notice of public hearing shall be part of the notice of
23complete application.
AB655,56,224 (b) If the notice of complete application does not contain a notice of public
25hearing, any person may request a public hearing in writing or the department may

1decide to hold a public hearing without a request being submitted if the department
2determines that there is a significant public interest in holding a hearing.
AB655,56,73 (c) A request for a public hearing under par. (b) must be submitted to the
4department or the department's decision to hold a public hearing must occur within
530 days after the department completes providing the notice of complete application.
6The department shall provide notice of public hearing within 15 days after the
7request for public hearing is submitted or the department makes its determination.
AB655,56,98 (d) The department shall hold a public hearing within 30 days after the notice
9of hearing has been provided under par. (a) or (c).
AB655,56,1310 (e) Within 30 days after the public hearing is held or, if no public hearing is held,
11within 30 days of the 30-day comment period under sub. (4) (a), the department shall
12render a decision, issuing, denying, or modifying the permit or approving the
13contract that is the subject of the application submitted under sub. (1).
AB655,56,22 14(4) Public comment. (a) The department shall provide a period for public
15comment after the department has provided a notice of complete application under
16sub. (3) (a), during which time any person may submit written comments with
17respect to the application for the permit or contract. The department shall retain all
18of the written comments submitted during this period and shall consider all of the
19comments in the formulation of the final decision on the application. The period for
20public comment shall end on the 30th day following the date on which the
21department completes providing the notice of complete application, except as
22provided in par. (b).
AB655,56,2423 (b) If a public hearing is held, the period for public comment shall end on the
2410th day following the date on which the public hearing is completed.
AB655,57,3
1(d) The department shall promulgate rules to establish procedures for the
2conduct of public hearings held under this subsection. Public hearings held under
3this subsection are not contested cases under s. 227.01 (3).
AB655,57,7 4(5) Notice requirements. (a) The department shall, by rule, establish
5procedures for providing notices of complete applications and notices of public
6hearings to be provided under sub. (3), and notices of administrative hearings to be
7provided under s. 30.209 (1). The procedures shall require all of the following:
AB655,57,88 1. That the notice be published as a class 1 notice under ch. 985.
AB655,57,99 2. That the notice be mailed to any person or group upon request.
AB655,57,1310 (b) The department shall, by rule, prescribe the form and content of notices of
11complete applications and notices of public hearings to be provided under sub. (3),
12and notices of administrative hearings to be provided under s. 30.209 (1). Each notice
13shall include all of the following information:
AB655,57,1414 1. The name and address of each applicant or permit holder.
AB655,57,1615 2. A brief description of each applicant's activity or project that requires the
16permit.
AB655,57,1717 3. The name of the waterway in or for which the activity or project is planned.
AB655,57,2018 4. For a notice of complete application and a notice of public hearing under sub.
19(3), a statement of the tentative determination to issue, modify, or deny a permit for
20the activity or project described in the application.
AB655,57,2321 5. For a notice of complete application and a notice of public hearing under sub.
22(3), a brief description of the procedures for the formulation of final determinations,
23including a description of the comment period required under sub. (4).
AB655,57,2524 (c) The department may delegate the department's requirement to provide
25notice under sub. (3) or s. 30.209 (1) by doing any of the following:
AB655,58,2
11. Requiring that the applicant for the permit or contract provide by
2publication, mailing, or other distribution or more of the notices.
AB655,58,43 2. That the applicant for the permit or contract pay for the publication, mailing,
4or any other distribution costs of providing one or more of the notices.
AB655, s. 148 5Section 148. 30.209 of the statutes is created to read:
AB655,58,9 630.209 Individual permits; administrative and judicial review. (1)
7Administrative review. (a) An applicant for or holder of an individual permit, or 5
8or more persons, may file a petition for administrative review of any of the following
9decisions given by the department:
AB655,58,1110 1. The issuance, denial, or modification of any individual permit issued under
11this subchapter.
AB655,58,1312 2. The imposition of, or failure to impose, a term or condition on any individual
13permit issued under this subchapter.
AB655,58,1714 (b) A petition under this subsection shall be filed with the department within
1530 days after the date on which the department has given notice of its decision under
16par. (a) 1. or 2. The petition shall state the interest of each petitioner, the specific
17issue to be reviewed, and the reasons why an administrative hearing is warranted.
AB655,58,2118 (c) Unless the department determines that there are no grounds supporting the
19position that an administrative hearing is warranted, the department shall provide
20a notice of the hearing at least 30 days before the date of the hearing to all of the
21following:
AB655,58,2222 1. The applicant for or the holder of the permit.
AB655,58,2323 2. Each petitioner, if other than the applicant or holder.
AB655,58,2524 3. Any other persons required to receive notice under the rules promulgated
25under s. 30.208 (5).
AB655,59,2
1(d) The notice under par. (c) shall be in compliance with all of the other
2applicable rules promulgated under s. 30.208 (5).
AB655,59,43 (e) The administrative hearing shall be conducted as a contested case hearing
4in accordance with the procedures under ch. 227.
AB655,59,8 5(2) Judicial review. (a) Any applicant for or holder of an individual permit or
6any other person who satisfies the requirements of s. 227.52 may commence an
7action in circuit court to review any of the decisions given by the department that are
8specified in sub. (1) (a) 1. and 2.
AB655,59,109 (b) An action filed under par. (a) by an applicant for or holder of an individual
10permit shall be in lieu of the applicant or holder seeking review under sub. (1).
AB655,59,1511 (c) Any administrative review petitioned for under sub. (1) may be removed to
12the circuit court by the applicant for the permit, the holder of the permit, or the
13department. The review shall be commenced by filing a motion for removal together
14with a copy of the petition filed under sub. (1). The motion must be filed within 30
15days after notice is provided under sub. (1) (c).
AB655,59,1816 (d) An action or review commenced under this subsection shall be filed in the
17circuit court for the county in which the riparian property that is subject to a decision
18by the department, as specified in sub. (1) (a) 1. and 2., is located.
AB655,59,2019 (e) A review under par. (c) or (d) shall include the examination of witnesses and
20the taking of evidence before the court.
AB655, s. 149 21Section 149. 30.28 (3) (b) of the statutes is amended to read:
AB655,59,2322 30.28 (3) (b) This section does not apply to a permit issued under s. 30.12 (3)
23(a) 2., 2m. or 3. or (4) (c) or (d).
AB655, s. 150 24Section 150. 30.29 (3) (d) of the statutes is amended to read:
AB655,60,5
130.29 (3) (d) Activities for which a permit is issued. A person or agent of a person
2who is issued a permit by the department while the person or agent is engaged in
3activities related to the purpose for which the permit is issued as authorized under
4a general or individual permit issued under this subchapter or as authorized under
5a contract entered into under this subchapter
.
AB655, s. 151 6Section 151. 30.298 (3) of the statutes is amended to read:
AB655,60,107 30.298 (3) Any person who violates a general permit under s. 30.206 shall
8forfeit not less than $10 nor more than $500 for the first offense and shall forfeit not
9less than $50 nor more than $500 upon conviction of the same offense a 2nd or
10subsequent time.
AB655, s. 152 11Section 152. 31.39 (2m) (c) of the statutes is amended to read:
AB655,60,1412 31.39 (2m) (c) If more than one fee under sub. (2) (a) or s. 30.28 (2) (a) or 281.22
13is applicable to a project, the department shall charge only the highest fee of those
14that are applicable.
AB655, s. 153 15Section 153. 66.0628 of the statutes is created to read:
AB655,60,17 1666.0628 Fees imposed by a political subdivision. (1) In this section,
17"political subdivision" means a city, village, town, or county.
AB655,60,19 18(2) Any fee that is imposed by a political subdivision shall bear a reasonable
19relationship to the service for which the fee is imposed.
AB655,60,23 20(3) With regard to a fee that is first imposed, or an existing fee that is increased,
21on or after the effective date of this subsection .... [revisor inserts date], a political
22subdivision shall issue written findings that demonstrate that the fee meets the
23standard in sub. (2).
AB655, s. 154 24Section 154. 66.1001 (2) (e) of the statutes is amended to read:
AB655,61,9
166.1001 (2) (e) Agricultural, natural and cultural resources element. A
2compilation of objectives, policies, goals, maps and programs for the conservation,
3and promotion of the effective management, of natural resources such as
4groundwater, forests, productive agricultural areas, environmentally sensitive
5areas, threatened and endangered species, stream corridors, surface water,
6floodplains, wetlands, wildlife habitat, metallic and nonmetallic mineral resources
7consistent with zoning limitations under s. 295.20 (2), parks, open spaces, historical
8and cultural resources, community design, recreational resources and other natural
9resources.
AB655, s. 155 10Section 155. 66.1001 (4) (a) of the statutes is amended to read:
AB655,61,2411 66.1001 (4) (a) The governing body of a local governmental unit shall adopt
12written procedures that are designed to foster public participation, including open
13discussion, communication programs, information services, and public meetings for
14which advance notice has been provided, in every stage of the preparation of a
15comprehensive plan. The written procedures shall provide for wide distribution of
16proposed, alternative, or amended elements of a comprehensive plan and shall
17provide an opportunity for written comments on the plan to be submitted by
18members of the public to the governing body and for the governing body to respond
19to such written comments. The written procedures shall describe the methods the
20governing body of a local governmental unit will use to distribute proposed,
21alternative, or amended elements of a comprehensive plan to owners of property, or
22to persons who have a leasehold interest in property pursuant to which the persons
23may extract nonmetallic mineral resources in or on property, in which the allowable
24use or intensity of use, of the property, is changed by the comprehensive plan.
AB655, s. 156 25Section 156. 66.1001 (4) (e) of the statutes is created to read:
AB655,62,5
166.1001 (4) (e) At least 30 days before the hearing described in par. (d) is held,
2a local governmental unit shall provide written notice to all owners of property, and
3all leaseholders who have an interest in property pursuant to which the persons may
4extract nonmetallic mineral resources, in which the allowable use or intensity of use,
5of the property, is changed by the comprehensive plan, including all of the following:
AB655,62,76 1. An operator who has obtained, or made application for, a permit that is
7described under s. 295.12 (3) (d).
AB655,62,98 2. A person who has registered a marketable nonmetallic mineral deposit
9under s. 295.20.
AB655,62,1110 3. Any other person who the local governmental unit knows has a property
11interest in nonmetallic mineral resources in the jurisdiction.
AB655, s. 157 12Section 157. 84.18 (6) of the statutes is amended to read:
AB655,63,213 84.18 (6) Execution and control of work. Subject to s. 30.12 (4) 30.2022 and
14the control exercised by the United States, the construction under this section of any
15local bridge project shall be wholly under the supervision and control of the
16department. The secretary shall make and execute all contracts and have complete
17supervision over all matters pertaining to such construction and shall have the
18power to suspend or discontinue proceedings or construction relative to any bridge
19project at any time in the event any county, city, village or town fails to pay the
20amount required of it for any project eligible for construction under this section, or
21if the secretary determines that sufficient funds to pay the state's part of the cost of
22such bridge project are not available. All moneys provided by counties, cities,
23villages and towns shall be deposited in the state treasury, when required by the
24secretary, and paid out on order of the secretary. Any of the moneys deposited for a
25project eligible for construction under this section which remain in the state treasury

1after the completion of the project shall be repaid to the respective county, city, village
2or town in proportion to the amount each deposited.
AB655, s. 158 3Section 158. 106.01 (9) of the statutes is amended to read:
AB655,63,114 106.01 (9) The Subject to s. 106.04, the department may investigate, fix
5reasonable classifications, issue promulgate rules and, issue general or special
6orders, and, hold hearings, make findings, and render orders upon its findings as
7shall be necessary to carry out the intent and purposes of this section. The
8investigations, classifications, hearings, findings, and orders shall be made as
9provided in s. 103.005. Except as provided in sub. (8), the penalties specified in s.
10103.005 (12) apply to violations of this section. Orders issued under this subsection
11are subject to review under ch. 227.
AB655, s. 159 12Section 159. 106.025 (4) of the statutes is amended to read:
AB655,63,2113 106.025 (4) In order that the apprentice may qualify at the end of
14apprenticeship as a skilled mechanic in the art of installing plumbing work, the
15department, subject to s. 106.04, may prescribe the level of supervision of an
16apprentice and the character of plumbing work that the apprentice may do during
17the 3rd year of the apprenticeship term. An apprentice in the 4th or 5th year of the
18apprenticeship term may install plumbing under the direction or supervision of a
19master or journeyman plumber without either the master or journeyman being
20physically present, provided that the master plumber in charge shall be responsible
21for the work.
AB655, s. 160 22Section 160. 106.04 of the statutes is created to read:
AB655,64,2 23106.04 Apprentice-to-journeyman job-site ratio regulation
24prohibited.
The department may not prescribe, whether by promulgating a rule,

1issuing a general or special order, or otherwise, the ratio of apprentices to
2journeymen that an employer may have at a job site.
AB655, s. 161 3Section 161. 146.82 (2) (a) (intro.) of the statutes is amended to read:
AB655,64,64 146.82 (2) (a) (intro.) Notwithstanding It is not a violation of sub. (1), to release
5patient health care records shall be released upon request without informed consent
6in the following circumstances:
AB655, s. 162 7Section 162. 146.82 (2) (a) 22. of the statutes is created to read:
AB655,64,98 146.82 (2) (a) 22. For purposes of health care operations, as defined in 45 CFR
9164.501
, and as authorized under 45 CFR 164, subpart E.
AB655, s. 163 10Section 163. 196.195 (5m) of the statutes is created to read:
AB655,64,1711 196.195 (5m) Time limitation on commission action. (a) No later than 120 days
12after the filing of a petition under sub. (2) (a), the commission shall complete the
13proceedings under subs. (2), (3), and (4), and, if appropriate, enter an order under
14sub. (5). If the commission fails to complete the proceedings and, if appropriate, enter
15an order before that deadline, the petition is considered to be granted without
16condition by the commission and any provisions of law under sub. (5) that are
17specified in the petition are considered to be suspended by the commission.
AB655,64,2418 (b) No later than 120 days after the commission provides notice of its own
19motion under sub. (2) (a), the commission shall complete the proceedings under subs.
20(2), (3), and (4), and, if appropriate, enter an order under sub. (5). If the commission
21fails to complete the proceedings and, if appropriate, enter an order before that
22deadline, the motion is considered to be granted without condition by the commission
23and any provisions of law under sub. (5) that are specified in the motion are
24considered to be suspended by the commission.
AB655, s. 164 25Section 164. 196.195 (10) of the statutes is amended to read:
AB655,65,4
1196.195 (10) Revocation of deregulation. If necessary to protect the public
2interest, the commission, at any time by order, may revoke its order to suspend the
3applicability of any provision of law suspended under sub. (5). This subsection does
4not apply to any provision of law that is considered to be suspended under sub. (5m).
AB655, s. 165 5Section 165. 196.24 (3) of the statutes is amended to read:
AB655,65,166 196.24 (3) The commission may conduct any number of investigations
7contemporaneously through different agents, and may delegate to any agent the
8authority to take testimony bearing upon any investigation or at any hearing. The
9decision of the commission shall comply with s. 227.46 and shall be based upon its
10records and upon the evidence before it, except that, notwithstanding s. 227.46 (4),
11a decision maker may hear a case or read or review the record of a case if the record
12includes a synopsis or summary of the testimony and other evidence presented at the
13hearing that is prepared by the commission staff. Parties shall have an opportunity
14to demonstrate to a decision maker that a synopsis or summary prepared under this
15subsection is not sufficiently complete or accurate to fairly reflect the relevant and
16material testimony or other evidence presented at a hearing.
AB655, s. 166 17Section 166. 196.374 (3) of the statutes is amended to read:
AB655,66,618 196.374 (3) In 2000, 2001 and 2002, the commission shall require each utility
19to spend a decreasing portion of the amount determined under sub. (2) on programs
20specified in sub. (2) and contribute the remaining portion of the amount to the
21commission for deposit in the fund. In Except as provided in sub. (3m), in each year
22after 2002, each utility shall contribute the entire amount determined under sub. (2)
23to the commission for deposit in the fund. The commission shall ensure in
24rate-making orders that a utility recovers from its ratepayers the amounts spent on
25programs or contributed to the fund under this subsection or retained under sub.

1(3m)
. The commission shall allow each utility the option of continuing to use, until
2January 1, 2002, the moneys that it has recovered under s. 196.374 (3), 1997 stats.,
3to administer the programs that it has funded under s. 196.374 (1), 1997 stats. The
4commission may allow each utility to spend additional moneys on the programs
5specified in sub. (2) if the utility otherwise complies with the requirements of this
6section and s. 16.957 (4).
AB655, s. 167 7Section 167. 196.374 (3m) of the statutes is created to read:
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