Amendment SA1-SB523

SB523-SA1,9,20 76. Page 119, line 3: delete "that are required for the withdrawal,".

SB523-SA1,9,21 77. Page 119, line 5: after "is" insert ", except as provided in subd. 3e.,".

SB523-SA1,9,22 78. Page 119, line 15: after that line insert:

SB523-SA1,10,5 "3e. If water is withdrawn through more than one water supply system to serve a facility and subd. 3. c. does not apply, the department shall determine the smallest amount under subd. 3. a. or b. for each of the water supply systems and shall specify a withdrawal amount that is equal to the sum of the amounts determined for each of the water supply systems.".

SB523-SA1,10,7 79. Page 120, line 15: delete the material beginning with "and" and ending with "(6m)" on line 18.

SB523-SA1,10,8 80. Page 120, line 19: after "in" insert "subd. 3. or".

SB523-SA1,10,10 81. Page 120, line 25: delete the material beginning with "and" and ending with "(6m)" on page 121, line 2.

SB523-SA1,10,11 82. Page 121, line 2: after that line insert:

SB523-SA1,10,18 "3. A person who submits an application under par. (d) 1., to which subd. 2. would otherwise apply, may choose to demonstrate, using procedures specified in rules promulgated by the department, the water loss that will result from the withdrawal. If the person demonstrates that the water loss would average less than 5,000,000 gallons per day in every 90-day period, the state decision-making standard under sub. (5m), rather than the compact decision-making standard under sub. (6), applies to the withdrawal.".

SB523-SA1,10,20 83. Page 121, line 11: delete the material beginning with "and" and ending with "(6m)" on line 14.

SB523-SA1,10,21 84. Page 121, line 15: after "in" insert "subd. 3. or".

SB523-SA1,10,23 85. Page 121, line 22: delete the material beginning with "and" and ending with "(6m)" on line 24.

SB523-SA1,11,1 86. Page 121, line 24: after that line insert:

SB523-SA1,11,10 "3. A person who submits an application under par. (d) 1., to which subd. 2. would otherwise apply, may choose to demonstrate, using procedures specified in rules promulgated by the department, the water loss that will result from the increase in the withdrawal over the withdrawal amount as of the later of the dates under subd. 2. If the person demonstrates that the resulting increase in water loss would average less than 5,000,000 gallons per day in every 90-day period, the state decision-making standard under sub. (5m), rather than the compact decision-making standard under sub. (6), applies to the increase in the withdrawal.".

SB523-SA1,11,12 87. Page 122, line 12: after "approvals" insert "that are required for modifying the withdrawal".

SB523-SA1,11,14 88. Page 122, line 13: delete the material beginning with "that" and ending with "withdrawal," on line 14.

SB523-SA1,11,15 89. Page 122, line 15: after "is" insert ", except as provided in subd. 3e.,".

SB523-SA1,11,16 90. Page 123, line 2: after that line insert:

SB523-SA1,11,21 "3e. If water is withdrawn through more than one water supply system to serve a facility and subd. 3. c. does not apply, the department shall determine the smallest amount under subd. 3. a. or b. for each of the water supply systems and shall specify a withdrawal amount that is equal to the sum of the amounts determined for each of the water supply systems.".

SB523-SA1,11,23 91. Page 124, line 4: delete the material beginning with "and" and ending with "(ks)" on line 7.

SB523-SA1,11,24 92. Page 124, line 8: after "in" insert "subd. 3. or".

SB523-SA1,12,2 93. Page 124, line 15: delete the material beginning with "and" and ending with "(ks)" on line 18.

SB523-SA1,12,3 94. Page 124, line 18: after that line insert:

SB523-SA1,12,12 "3. A person who submits an application under par. (g) 1., to which subd. 2. would otherwise apply, may choose to demonstrate, using procedures specified in rules promulgated by the department, the water loss that will result from the increase in the withdrawal over the withdrawal amount as of the latest of the dates under subd. 2. If the person demonstrates that the resulting increase in water loss would average less than 5,000,000 gallons per day in every 90-day period, the state decision-making standard under sub. (5m), rather than the compact decision-making standard under sub. (6), applies to the increase in the withdrawal.".

SB523-SA1,12,13 95. Page 125, line 6: before "compliance" insert "substantial".

SB523-SA1,12,15 96. Page 125, line 7: after "approvals" insert "that are required for the withdrawal".

SB523-SA1,12,16 97. Page 125, line 8: delete "that are required for the withdrawal,".

SB523-SA1,12,18 98. Page 125, line 12: after "amount" insert " that is, except as provided in subd. 3e.,".

SB523-SA1,12,19 99. Page 125, line 23: after that line insert:

SB523-SA1,13,2 "3e. If water is withdrawn through more than one water supply system to serve a facility and subd. 3. c. does not apply, the department shall determine the smallest amount under subd. 3. a. or b. for each of the water supply systems and shall specify a withdrawal amount that is equal to the sum of the amounts determined for each of the water supply systems.".

SB523-SA1,13,3 100. Page 126, line 2: before "compliance" insert "substantial".

SB523-SA1,13,5 101. Page 127, line 2: delete the material beginning with "and" and ending with "(ks)" on line 5.

SB523-SA1,13,6 102. Page 127, line 6: after "in" insert "subd. 3. or".

SB523-SA1,13,8 103. Page 127, line 13: delete the material beginning with "and" and ending with "(ks)" on line 16.

SB523-SA1,13,9 104. Page 127, line 16: after that line insert:

SB523-SA1,13,18 "3. A person who submits an application under par. (j) 1., to which subd. 2. would otherwise apply, may choose to demonstrate, using procedures specified in rules promulgated by the department, the water loss that will result from the increase in the withdrawal over the withdrawal amount as of the latest of the dates under subd. 2. If the person demonstrates that the resulting increase in water loss would average less than 5,000,000 gallons per day in every 90-day period, the state decision-making standard under sub. (5m), rather than the compact decision-making standard under sub. (6), applies to the increase in the withdrawal.".

SB523-SA1,13,20 105. Page 127, line 17: delete the material beginning with that line and ending with page 128, line 6.

SB523-SA1,13,21 106. Page 128, line 25: delete ", (6), or (6m)" and substitute "or (6)".

SB523-SA1,13,22 107. Page 129, line 8: delete ", (6), or" and substitute "or (6)".

SB523-SA1,13,23 108. Page 129, line 9: delete "(6m)".

SB523-SA1,14,2 109. Page 129, line 12: delete "relevant facts or" and substitute "material facts or substantially".

SB523-SA1,14,3 110. Page 129, line 14: delete lines 14 and 15 and substitute:

SB523-SA1,14,8 "(q) Transfer of control. A permit is not transferable to any person except after notice to the department. A person who proposes to assume control over a permitted withdrawal shall file with the department a permit application and a statement of acceptance of the permit. The department may require modification or revocation and reissuance of the permit to change the name of the permittee.".

SB523-SA1,14,10 111. Page 129, line 24: delete the material beginning with "and" and ending with "(6m)" on page 130, line 2.

SB523-SA1,14,11 112. Page 130, line 3: after "date," insert "except as provided in subd. 3.,".

SB523-SA1,14,13 113. Page 130, line 9: delete the material beginning with "and" and ending with "(6m)" on line 12.

SB523-SA1,14,14 114. Page 130, line 12: after that line insert:

SB523-SA1,14,22 "3. A person who submits a water supply service area plan under s. 281.348, that provides for a new withdrawal to which subd. 2. would otherwise apply, may choose to demonstrate, using procedures specified in rules promulgated by the department, the water loss that will result from the withdrawal. If the person demonstrates that the water loss would average less than 5,000,000 gallons per day in every 90-day period, the state decision-making standard under sub. (5m), rather than the compact decision-making standard under sub. (6), applies to the withdrawal.".

SB523-SA1,15,2 115. Page 130, line 21: delete the material beginning with "and" and ending with "(6m)" on line 24.

SB523-SA1,15,3 116. Page 131, line 1: after "date," insert "except as provided in subd. 3.,".

SB523-SA1,15,5 117. Page 131, line 8: delete the material beginning with "and" and ending with "(6m)" on line 11.

SB523-SA1,15,6 118. Page 131, line 11: after that line insert:

SB523-SA1,15,15 "3. A person who submits a water supply service area plan under s. 281.348, that provides for an increase in a withdrawal to which subd. 2. would otherwise apply, may choose to demonstrate, using procedures specified in rules promulgated by the department, the water loss that will result from the increase in the withdrawal over the withdrawal amount as of the later of the dates under subd. 2. If the person demonstrates that the resulting increase in water loss would average less than 5,000,000 gallons per day in every 90-day period, the state decision-making standard under sub. (5m), rather than the compact decision-making standard under sub. (6), applies to the increase in the withdrawal.".

SB523-SA1,15,17 119. Page 131, line 22: delete the material beginning with "and" and ending with "(6m)" on line 25.

SB523-SA1,15,18 120. Page 132, line 1: after "date," insert "except as provided in subd. 3.,".

SB523-SA1,15,20 121. Page 132, line 9: delete the material beginning with "and" and ending with "(6m)" on line 12.

SB523-SA1,15,21 122. Page 132, line 12: after that line insert:

SB523-SA1,16,7 "3. A person who submits a water supply service area plan under s. 281.348, that provides for an increase in a withdrawal to which subd. 2. would otherwise apply, may choose to demonstrate, using procedures specified in rules promulgated by the department, the water loss that will result from the increase in the withdrawal over the withdrawal amount as of the latest of the dates under subd. 2. If the person demonstrates that the resulting increase in water loss would average less than 5,000,000 gallons per day in every 90-day period, the state decision-making standard under sub. (5m), rather than the compact decision-making standard under sub. (6), applies to the increase in the withdrawal.".

SB523-SA1,16,8 123. Page 133, line 20: delete lines 20 and 21.

SB523-SA1,16,9 124. Page 135, line 6: delete lines 6 to 23.

SB523-SA1,16,10 125. Page 136, line 5: after that line insert:

SB523-SA1,16,21 "(7m) Emergency order. The department may, without a prior hearing, order a person to whom the department has issued an individual permit or notice of coverage under a general permit under this section or s. 281.344 to immediately stop a withdrawal if the department determines that there is a danger of imminent harm to the public health, safety, or welfare, to the environment, or to the water resources or related land resources of this state. The order shall specify the date on which the withdrawal must be stopped and the date, if any, on which it may be resumed. The order shall notify the person that the person may request a contested case hearing under ch. 227. The hearing shall be held as soon as practicable after receipt of a request for a hearing. An emergency order remains in effect pending the result of the hearing.".

SB523-SA1,16,24 126. Page 138, line 3: after "(5)" insert "to which the state decision-making standard under sub. (5m) or the compact decision-making standard under sub. (6) applies".

SB523-SA1,17,1 127. Page 142, line 19: after that line insert:

SB523-SA1,17,4 "(13m) Exceedances. It is not a violation of this section to inadvertently withdraw an amount of water that exceeds the withdrawal amount specified in a permit issued under sub. (5) or in the database under sub. (4s) (i).".

SB523-SA1,17,5 128. Page 143, line 2: delete "defendant" and substitute "violation".

SB523-SA1,17,6 129. Page 147, line 18: after that line insert:

SB523-SA1,17,7 " Section 12m. 281.35 (1) (a) of the statutes is amended to read:

SB523-SA1,17,9 281.35 (1) (a) "Approval" means a permit issued under s. 30.18, 281.344 (5), or 281.346 (5) or an approval under s. 281.17 (1), 2001 stats., or s. 281.34 or 281.41.".

SB523-SA1,17,10 130. Page 147, line 22: after "281.34," insert "281.344 (5), 281.346 (5),".

SB523-SA1,17,11 131. Page 148, line 6: delete lines 6 to 11.

SB523-SA1,17,12 132. Page 148, line 8: after that line insert:

SB523-SA1,17,13 " Section 18g. 281.35 (4) (a) 4. of the statutes is created to read:

SB523-SA1,17,16 281.35 (4) (a) 4. A person to whom a permit under s. 281.244 (5) or 281.346 (5) has been issued or who is required to obtain a permit under one of those provisions before beginning or increasing a withdrawal.

SB523-SA1, s. 18r Section 18r. 281.35 (4) (b) (intro.) of the statutes is amended to read:

SB523-SA1,17,22 281.35 (4) (b) (intro.) Before any person specified in par. (a) may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under s. 30.18, 281.34, 281.344 (5), 281.346 (5), or 281.41 for a new approval or a modification of its existing approval if either of the following conditions applies:".

SB523-SA1,17,23 133. Page 149, line 8: delete lines 8 to 18.

SB523-SA1,18,1 134. Page 149, line 18: after that line insert:

SB523-SA1,18,2 " Section 23g. 281.35 (6) (a) (intro.) of the statutes is amended to read:

SB523-SA1,18,5 281.35 (6) (a) Issuance; contents. (intro.) If Subject to par. (am), if an application is approved under sub. (5), the department shall modify the applicant's existing approval or shall issue a new approval that specifies all of the following:

SB523-SA1, s. 23j Section 23j. 281.35 (6) (am) of the statutes is created to read:

SB523-SA1,18,11 281.35 (6) (am) Water loss permit. If the department approves an application under sub. (5) for a withdrawal that is covered by a permit under s. 281.344 (5) or s. 281.346 (5) and another approval, the department shall modify the permit under s. 281.344 (5) or 281.346 (5), rather than the other approval, to specify the matters under par. (a).".

SB523-SA1,18,13 135. Page 149, line 24: delete "and s. 281.344" and substitute "and, before the compact's effective date, s. 281.344".

SB523-SA1,18,14 (End)