AB655, s. 267 18Section 267. 285.62 (7) (bm) of the statutes is created to read:
AB655,103,2519 285.62 (7) (bm) Notwithstanding pars. (a) and (b) and s. 285.63, but subject to
20sub. (6) (c) 1., the department may not modify a preliminary determination made by
21a certified contractor under sub. (3) (a) unless modification is necessary to comply
22with the federal clean air act or unless the comments received under subs. (4) to (6)
23or consideration of the environmental impact as required under s. 1.11 provide clear
24and convincing evidence that issuance of the permit would cause material harm to
25public health, safety, or welfare.
AB655, s. 268
1Section 268. 285.62 (8) of the statutes is renumbered 285.62 (8) (a).
AB655, s. 269 2Section 269. 285.62 (8) (b) of the statutes is created to read:
AB655,104,83 285.62 (8) (b) If a person submits an application for renewal of an operation
4permit before the date that the operation permit expires, the stationary source may
5not be required to discontinue operation and the person may not be prosecuted for
6lack of an operation permit until the department acts under sub. (7), except that this
7paragraph does not apply in a situation in which its application would contravene
8the federal clean air act.
AB655, s. 270 9Section 270. 285.62 (9) (b) of the statutes is repealed and recreated to read:
AB655,104,1810 285.62 (9) (b) Subject to sub. (12), if the department fails to act on an
11application for an operation permit within the time limit under sub. (7) (b), the
12department shall, include in a report the reasons for the delay in acting on the
13application, including the names of the department's employees responsible for
14review of the application, and recommendations for how to avoid delays in the future
15in similar situations. The department shall make reports under this subsection
16available to the public, place a prominent notice of the reports on the department's
17Internet site, and submit the reports to the joint committee for the review of
18administrative rules on a quarterly basis.
AB655, s. 271 19Section 271. 285.62 (12) of the statutes is created to read:
AB655,104,2220 285.62 (12) Extensions. The department may extend any time limit applicable
21to the department or a certified contractor under this section at the request of an
22applicant.
AB655, s. 272 23Section 272. 285.63 (1) (d) of the statutes is amended to read:
AB655,105,524 285.63 (1) (d) Source will not preclude construction or operation of other source.
25The stationary source will not degrade the air quality in an area sufficiently to

1prevent the construction, reconstruction, replacement, modification or operation of
2another stationary source if the department received plans, specifications and other
3information under s. 285.61 (2) (a) for the other stationary source prior to
4commencing its analysis under s. 285.61 (3) for the former stationary source. This
5paragraph does not apply to an existing source required to have an operation permit.
AB655, s. 273 6Section 273. 285.63 (2) (d) of the statutes is repealed.
AB655, s. 274 7Section 274. 285.66 (2) of the statutes is renumbered 285.66 (2) (a).
AB655, s. 275 8Section 275. 285.66 (2) (b) of the statutes is created to read:
AB655,105,109 285.66 (2) (b) Notwithstanding par. (a), the department may not specify that
10coverage under a general permit under s. 285.60 (3) expires except as follows:
AB655,105,1211 1. The department may specify an expiration date for coverage under a general
12permit at the request of an owner or operator.
AB655,105,1613 2. The department may specify a term of 5 years or longer for coverage under
14a general permit if the department finds that expiring coverage would significantly
15improve the likelihood of continuing compliance with applicable requirements
16compared to coverage that does not expire.
AB655,105,1817 3. The department may specify a term of 5 years or less for coverage under a
18general permit if required by the federal clean air act.
AB655, s. 276 19Section 276. 285.66 (3) (a) of the statutes is amended to read:
AB655,105,2220 285.66 (3) (a) A permittee shall apply for renewal of an operation permit at
21least 12 6 months before the operation permit expires. The permittee shall include
22any new or revised information needed to process the application for renewal.
AB655, s. 277 23Section 277. 285.69 (1) (a) of the statutes is amended to read:
AB655,106,224 285.69 (1) (a) Application for permit. Reviewing and acting upon any
25application for a construction permit. The department shall specify lower fees for

1persons who submit applications to certified contractors under s. 285.61(1) than for
2those who submit applications to the department.
AB655, s. 278 3Section 278. 285.755 of the statutes is created to read:
AB655,106,9 4285.755 Certified contractors. (1) Responsibilities of the department of
5administration.
(a) The department of administration shall certify private
6contractors to review applications for air pollution control permits for the purposes
7of determining under ss. 285.61 (2) and 285.62 (2) whether additional information
8is needed from applicants and of making preliminary determinations under ss.
9285.61 (3) and 285.62 (3).
AB655,106,1410 (b) No later than the first day of the 7th month beginning after the effective date
11of this paragraph .... [revisor inserts date], the department of administration, in
12consultation with the department of natural resources, shall specify minimum
13standards relating to staffing and professional expertise and other conditions
14applicable to private contractors certified under this section.
AB655,106,1815 (c) The department of administration shall maintain a directory containing the
16name, address, and contact person for each certified contractor. The department of
17administration shall update the directory every 3 months and shall provide the
18directory to the department of natural resources and make it available to the public.
AB655,106,20 19(2) Requirements. The department of administration may not certify a
20contractor under this section unless the contractor does all of the following:
AB655,106,2221 (a) Submits an application on a form prescribed by the department of
22administration in consultation with the department of natural resources.
AB655,106,2423 (b) Meets the minimum standards relating to staffing and professional
24expertise and other conditions that are specified under sub. (1) (b).
AB655,107,2
1(c) Submits a signed statement agreeing to conduct the activities described in
2sub. (1) (a) in accordance with applicable state and federal law.
AB655, s. 279 3Section 279. 285.81 (1) (intro.) of the statutes is amended to read:
AB655,107,84 285.81 (1) Permit holder; permit applicant; order recipient. (intro.) Any
5permit, part of a permit, order, decision or determination by the department under
6ss. 285.39, 285.60 to 285.69 or 285.75 shall become effective unless the permit holder
7or applicant or the order recipient seeks a hearing on challenging the action in the
8following manner:
AB655, s. 280 9Section 280. 285.81 (1m) of the statutes is created to read:
AB655,107,1310 285.81 (1m) Effect of a challenge. If a permit holder or applicant seeks a
11hearing challenging part of a permit under sub. (1), the remainder of the permit shall
12become effective and the permit holder or applicant may begin the activity for which
13the permit was issued.
AB655, s. 281 14Section 281. 289.27 (5) of the statutes is amended to read:
AB655,107,2115 289.27 (5) Determination of need; decision by hearing examiner. If a
16contested case hearing is conducted under this section, the secretary shall issue any
17decision concerning determination of need, notwithstanding s. 227.46 (2) to (4). The
18secretary shall direct the hearing examiner to certify the record of the contested case
19hearing to him or her without an intervening proposed decision. The secretary may
20assign responsibility for reviewing this record and making recommendations
21concerning the decision to any employee of the department.
AB655, s. 282 22Section 282. 295.13 (4) of the statutes is created to read:
AB655,108,423 295.13 (4) Crediting of financial assurance. If a nonmetallic mining site is
24subject to a county ordinance under sub. (1) or (2) and the city, village, or town in
25which a nonmetallic mining site is located required the operator of the mining site

1to provide financial assurance for nonmetallic mining reclamation of the nonmetallic
2mining site, the county shall credit the value of the financial assurance provided to
3the city, village, or town against the amount of financial assurance that the operator
4is required to provide under the county ordinance.
AB655, s. 283 5Section 283. 299.05 (2) (a) of the statutes is amended to read:
AB655,108,76 299.05 (2) (a) Permits, contracts, and other approvals under ss. 30.10 to 30.205
7and 30.21 to 30.27.
AB655, s. 284 8Section 284. 448.02 (3) (b) of the statutes is amended to read:
AB655,109,49 448.02 (3) (b) After an investigation, if the board finds that there is probable
10cause to believe that the person is guilty of unprofessional conduct or negligence in
11treatment, the board shall hold a hearing on such conduct. The board may use any
12information obtained by the board or the department under s. 655.17 (7) (b), as
13created by 1985 Wisconsin Act 29, in an investigation or a disciplinary proceeding,
14including a public disciplinary proceeding, conducted under this subsection and the
15board may require a person holding a license, certificate or limited permit to undergo
16and may consider the results of one or more physical, mental or professional
17competency examinations if the board believes that the results of any such
18examinations may be useful to the board in conducting its hearing. A unanimous
19finding by a panel established under s. 655.02, 1983 stats., or a finding by a court that
20a physician has acted negligently in treating a patient is conclusive evidence that the
21physician is guilty of negligence in treatment. A finding that is not a unanimous
22finding by a panel established under s. 655.02, 1983 stats., that a physician has acted
23negligently in treating a patient is presumptive evidence that the physician is guilty
24of negligence in treatment. A certified copy of the findings of fact, conclusions of law
25and order of the panel or the order of a court is presumptive evidence that the finding

1of negligence in treatment was made. The board shall render a decision within 90
2days after the date on which the hearing is held or, if subsequent proceedings are
3conducted under s. 227.46 (2), within 90 days after the date on which those
4proceedings are completed
.
AB655, s. 285 5Section 285. 448.675 (1) (b) of the statutes is amended to read:
AB655,109,196 448.675 (1) (b) After an investigation, if the affiliated credentialing board finds
7that there is probable cause to believe that the person is guilty of unprofessional
8conduct or negligence in treatment, the affiliated credentialing board shall hold a
9hearing on such conduct. The affiliated credentialing board may require a licensee
10to undergo and may consider the results of a physical, mental or professional
11competency examination if the affiliated credentialing board believes that the
12results of the examination may be useful to the affiliated credentialing board in
13conducting its hearing. A finding by a court that a podiatrist has acted negligently
14in treating a patient is conclusive evidence that the podiatrist is guilty of negligence
15in treatment. A certified copy of the order of a court is presumptive evidence that the
16finding of negligence in treatment was made. The affiliated credentialing board
17shall render a decision within 90 days after the date on which the hearing is held or,
18if subsequent proceedings are conducted under s. 227.46 (2), within 90 days after the
19date on which those proceedings are completed
.
AB655, s. 286 20Section 286. 452.05 (3) of the statutes is created to read:
AB655,109,2521 452.05 (3) The department may, after consultation with the board, enter into
22reciprocal agreements with officials of other states or territories of the United States
23for licensing brokers and salespersons and grant licenses to applicants who are
24licensed as brokers or salespersons in those states or territories according to the
25terms of the reciprocal agreements.
AB655, s. 287
1Section 287. 452.09 (2) (a) of the statutes is amended to read:
AB655,110,82 452.09 (2) (a) Each Except as provided in a reciprocal agreement under s.
3452.05 (3), each
applicant for a salesperson's license shall submit to the department
4evidence satisfactory to the department of successful completion of educational
5programs approved for this purpose under s. 452.05 (1) (c). The department may
6waive the requirement under this paragraph upon proof that the applicant has
7received 10 academic credits in real estate or real estate related law courses from an
8accredited institution of higher education.
AB655, s. 288 9Section 288. 452.09 (2) (c) (intro.) of the statutes is amended to read:
AB655,110,1110 452.09 (2) (c) (intro.) Except as provided in par. (d) or a reciprocal agreement
11under s. 452.05 (3)
, each applicant for a broker's license shall do all of the following:
AB655, s. 289 12Section 289. 452.09 (3) (d) of the statutes is amended to read:
AB655,110,1613 452.09 (3) (d) The Except as provided in a reciprocal agreement under s. 452.05
14(3), the
department may not grant a broker's license to an applicant who does not
15hold a salesperson's license unless the applicant passes the salesperson's
16examination and the broker's examination.
AB655, s. 290 17Section 290 . Nonstatutory provisions.
AB655,111,418 (1) Energy conservation and efficiency grants; emergency rules. Using the
19procedure under section 227.24 of the statutes, the public service commission shall
20promulgate as emergency rules the rules required under section 16.957 (2m) of the
21statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the
22statutes, the emergency rules promulgated under this subsection may remain in
23effect until the date on which the permanent rules required under section 16.957
24(2m) of the statutes, as created by this act, take effect. Notwithstanding section
25227.24 (1) (a), (2) (b), and (3) of the statutes, the public service commission is not

1required to provide evidence that promulgating rules under this subsection as
2emergency rules is necessary for the preservation of the public peace, health, safety,
3or welfare and is not required to provide a finding of emergency for the rules
4promulgated under this subsection.
AB655,111,115 (2) Submission of proposed rules concerning air permits for modified
6sources.
Notwithstanding the time limit in section 285.11 (17) of the statutes, as
7affected by this act, the department of natural resources shall submit in proposed
8form the rules required under section 285.11 (17) of the statutes, as affected by this
9act, relating to regulations that are published before the effective date of this
10subsection to the legislative council staff under section 227.15 (1) of the statutes no
11later than August 31, 2004.
AB655,111,1212 (3) Report on air permit streamlining efforts.
AB655,111,1513 (a) The department of natural resources, in consultation with owners and
14operators of stationary sources of air pollution, shall develop a report that contains
15all of the following:
AB655,111,18 161. A list of all existing exemptions under section 285.60 (6) of the statutes, as
17affected by this act, and all general permits under section 285.60 (3) of the statutes,
18as affected by this act.
AB655,112,2 192. Recommendations, and related proposed rule revisions, for expanding
20exemptions under section 285.60 (6) of the statutes, as affected by this act,
21establishing registration permits under section 285.60 (2g) of the statutes, as created
22by this act, expanding the use of general permits under section 285.60 (3) of the
23statutes, as affected by this act, issuing construction permit waivers under section
24285.60 (5m) of the statutes, as created by this act, and taking other actions under

1section 285.60 (10) of the statutes, as created by this act, including consolidating the
2permits for sources at one facility into one permit.
AB655,112,11 33. A schedule for providing additional reports containing recommendations,
4and related rule revisions, for expanding exemptions under section 285.60 (6) of the
5statutes, as affected by this act, expanding the use of registration permits under
6section 285.60 (2g) of the statutes, as created by this act, expanding the use of general
7permits under section 285.60 (3) of the statutes, as affected by this act, expanding
8the issuance of construction permit waivers under section 285.60 (5m) of the
9statutes, as created by this act, and taking other actions under section 285.60 (10)
10of the statutes, as created by this act, including consolidating the permits for sources
11at one facility into one permit.
AB655,112,19 124. A description of requirements in the federal clean air act that limit the
13department's ability to expand exemptions under section 285.60 (6) of the statutes,
14as affected by this act, expand the use of registration permits under section 285.60
15(2g) of the statutes, as created by this act, expand the use of general permits under
16section 285.60 (3) of the statutes, as affected by this act, expand the issuance of
17construction permit waivers under section 285.60 (5m) of the statutes, as created by
18this act, and take other actions under section 285.60 (10) of the statutes, as created
19by this act, and recommendations on how these limitations might be overcome.
AB655,112,2320 (b) The department of natural resources shall submit the report under
21paragraph (a) to the legislature in the manner provided under s. 13.172 (2) no later
22than the first day of the 7th month beginning after the effective date of this
23paragraph.
AB655,113,224 (4) Report on clean air act state implementation plans. No later than the first
25day of the 7th month beginning after the effective date of this subsection, the

1department of natural resources shall submit to the joint committee for review of
2administrative rules a report that contains all of the following:
AB655,113,73 (a) A description of all of this state's existing and pending state implementation
4plans under 42 USC 7410 with an analysis of any rules or requirements included in
5the plans that may not have been necessary to obtain federal environmental
6protection agency approval but that are federally enforceable as a result of being
7included in the plans.
AB655,113,108 (b) Recommendations for revisions of state implementation plans to remove
9rules and other requirements that may not have been necessary to obtain federal
10environmental protection agency approval.
AB655, s. 291 11Section 291. Initial applicability.
AB655,113,1412 (1) Lawsuits concerning credit agreements and related documents. The
13treatment of section 241.02 (3) of the statutes first applies to actions commenced on
14the effective date of this subsection.
AB655,113,1815 (2) Partial deregulation of telecommunications. The treatment of section
16196.195 (5m) and (10) of the statutes first applies to proceedings initiated by
17petitions filed with the public service commission, or by notices made on the public
18service commission's own motion, on the effective date of this subsection.
AB655,113,2119 (3) Energy conservation and efficiency grants. The treatment of section
2016.957 (2) (b) 1. (intro.) of the statutes first applies to grants that are awarded on the
21effective date of the rules promulgated under Section 290 (1 ) of this act.
AB655,114,222 (4) Processing of air permits. The treatment of sections 285.61 (3), (5) (c), (7)
23(a), (8) (b), and (11), 285.62 (3) (a) (intro.) and (c), (5) (a), (7) (b), and (9) (b), and 285.66
24(3) (a) of the statutes, the renumbering and amendment of sections 285.61 (2) and

1285.62 (2) of the statutes, and the creation of sections 285.61 (2) (b) and 285.62 (2)
2(b) first apply to applications submitted on the effective date of this subsection.
AB655,114,53 (5) Review of air pollution control decisions. The treatment of section 285.81
4(1) (intro.) and (1m) of the statutes first applies to person who file petitions on the
5effective date of this subsection.
AB655,114,66 (6) Chapter 30 procedures.
AB655,114,97 (a) The treatment of sections 30.208 and 30.209 of the statutes first applies to
8applications for individual permits that are submitted to the department of natural
9resources on the effective date of this paragraph.
AB655,114,1210 (b) The treatment of section 30.208 of the statutes first applies to applications
11for contracts under section 30.20 of the statutes that are submitted to the
12department of natural resources on the effective date of this paragraph.
AB655, s. 292 13Section 292. Effective dates. This act takes effect on the day after
14publication, except as follows:
AB655,114,1715 (1) Energy conservation and efficiency grants. The treatment of section
1616.957 (2) (b) 1. (intro.) and (c) 2., (2m), and (3) (b) of the statutes takes effect on July
171, 2005.
AB655,114,1818 (End)
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