SECTION 9. 92.045 of the statutes is created to read:
92.045 Land and water resource council. The land and water resource council shall advise the department of agriculture, trade and consumer protection and the department of natural resources on all of the following:
(1) The implementation of this chapter and ch. 281, including on the joint annual grant allocation plan under ss. 92.14 (13) and 281.65 (4) (p).
(2) Research, information, and education needs related to the implementation of this chapter and ch. 281.
(3) Coordination of federal, state, and local programs related to land and water resources that are relevant to the implementation of this chapter and ch. 281.
(4) Other matters related to land and water resources, at the joint request of the department of agriculture, trade and consumer protection and the department of natural resources.
SECTION 10. 92.05 (3) (c) of the statutes is amended to read:
92.05 (3) (c) Rules. The department shall promulgate rules governing implementation of this chapter and distribution of state or federal funds by the department to the counties. The department shall comply with the procedures under s. 92.04 (3) in promulgating these rules.
SECTION 11. 92.05 (3) (i) of the statutes is repealed.
SECTION 12. 92.05 (3) (m) of the statutes is created to read:
92.05 (3) (m) Tolerable erosion level. The department shall establish a tolerable erosion level based on an erosion rate that is acceptable and that maintains long-term soil productivity.
SECTION 13. 92.10 (1) of the statutes is amended to read:
92.10 (1) CREATION. There is created a land and water resource management planning program. The department, board and land conservation committees jointly shall develop and administer this program. The department shall consult with the department of natural resources in developing and administering this program.
SECTION 14. 92.10 (5) of the statutes is repealed.
SECTION 15. 92.10 (6) (a) 3. of the statutes is amended to read:
92.10 (6) (a) 3. Identifies the best management practices to achieve the objectives under subd. 2. and to achieve the tolerable erosion level under s. 92.04 (2) (i) 92.05 (3) (m).
SECTION 16. 92.10 (6) (d) of the statutes is amended to read:
92.10 (6) (d) Plan submission. A land conservation committee shall submit the land and water resource management plan to the board and department.
SECTION 17. 92.14 (6) (b) of the statutes is amended to read:
92.14 (6) (b) The department and the department of natural resources shall prepare an annual grant allocation plan identifying the amounts to be provided to counties under this section and ss. 281.65 and 281.66. In the allocation plan, the departments shall attempt to provide funding under this section for an average of 3 staff persons per county with full funding for the first staff person, 70% funding for the 2nd staff person and 50% funding for any additional staff persons and to provide an average of $100,000 per county for cost-sharing grants. The department shall submit that plan to the board.
SECTION 18. 92.14 (6) (d) of the statutes is repealed.
SECTION 19. 92.14 (12) of the statutes is repealed.
SECTION 20. 92.14 (13) of the statutes is amended to read:
92.14 (13) EVALUATION PLAN. The department, jointly with the department of natural resources, shall prepare a plan, which includes water quality monitoring and analysis, for evaluating the program administered under this section and s. 281.65 and submit the plan to the board. The board shall make recommendations to the department and the department of natural resources on the plan. The department shall review and approve or disapprove the plan and shall notify the board of its final action on the plan. The department shall implement any part of the plan for which the plan gives it responsibility.
SECTION 21. 92.17 (2) (c) of the statutes is repealed.
SECTION 22. 281.20 (5) of the statutes is repealed.
SECTION 23. 281.65 (2) (be) of the statutes is amended to read:
281.65 (2) (be) "Priority lake" means any lake or group of lakes that are identified under sub. s. 281.65 (3) (am), 2007 stats.
SECTION 24. 281.65 (2) (c) of the statutes is amended to read:
281.65 (2) (c) "Priority watershed" means any watershed that is identified under sub. s. 281.65 (3) (am), 2007 stats., or sub. (4) (cm) or (co).
SECTION 25. 281.65 (3) of the statutes is repealed.
SECTION 26. 281.65 (3m) of the statutes is repealed.
SECTION 27. 281.65 (4) (c) of the statutes is amended to read:
281.65 (4) (c) Prepare a list of the watersheds in this state in order of the level of impairment of the waters in each watershed caused by nonpoint source pollution, taking into consideration the location of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A), and submit the list to the board no later than January 1, 1998.
SECTION 28. 281.65 (4) (cd) of the statutes is amended to read:
281.65 (4) (cd) Prepare a list of the lakes in this state in order of the level of impairment of the waters in the lakes caused by nonpoint source pollution, taking into consideration the location of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A), and submit the list to the board no later than January 1, 1998.
SECTION 29. 281.65 (4) (cg) of the statutes is repealed.
SECTION 30. 281.65 (4) (e) of the statutes is amended to read:
281.65 (4) (e) Promulgate rules, in consultation with the department of agriculture, trade and consumer protection, as are necessary for the proper execution and administration of the program under this section. Before promulgating rules under this paragraph, the department shall submit the rules to the land and water conservation board for review under sub. (3) (at). The rules shall include standards and specifications concerning best management practices which are required for eligibility for cost-sharing grants under this section. The standards and specifications shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16. The department may waive the standards and specifications in exceptional cases. The rules shall specify which best management practices are cost-effective best management practices. Only persons involved in the administration of the program under this section, persons who are grant recipients or applicants and persons who receive notices of intent to issue orders under s. 281.20 (1) (b) are subject to the rules promulgated under this paragraph. Any rule promulgated under this paragraph which relates or pertains to agricultural practices relating to animal waste handling and treatment is subject to s. 13.565.
SECTION 31. 281.65 (4) (f) of the statutes is amended to read:
281.65 (4) (f) Administer the distribution of grants and aids to governmental units for local administration and implementation of the program under this section. A grant awarded under this section may be used for cost-sharing for management practices and capital improvements, easements, or other activities determined by the department to satisfy the requirements of this section. A grant under this section to a lake district for a priority lake identified under sub. (3m) (b) 1. may be used for plan preparation, technical assistance, educational and training assistance, and ordinance development and administration. A grant may not be used for promotional items, except for promotional items that are used for informational purposes, such as brochures or videos.
SECTION 32. 281.65 (4) (k) of the statutes is repealed.
SECTION 33. 281.65 (4) (L) of the statutes is repealed.
SECTION 34. 281.65 (4) (o) of the statutes is repealed.
SECTION 35. 281.65 (4) (p) of the statutes is amended to read:
281.65 (4) (p) Jointly with the department of agriculture, trade and consumer protection, prepare the plan required under s. 92.14 (13). The department shall review and approve or disapprove the plan and shall notify the land and water conservation board of its final action on the plan. The department shall implement any part of the plan for which the plan gives it responsibility.
SECTION 36. 281.65 (4) (q) of the statutes is repealed.
SECTION 37. 281.65 (4) (s) of the statutes is repealed.
SECTION 38. 281.65 (4c) (b) of the statutes is amended to read:
281.65 (4c) (b) The department shall use the system under par. (d) to determine the score of each project for which it receives an application under par. (a) and shall inform the land and water conservation board of the scores no later than September 1 of each year.
SECTION 39. 281.65 (4c) (c) of the statutes is amended to read:
281.65 (4c) (c) After determining project scores under par. (b), the department shall notify the land and water conservation board of the projects that the department proposes to select for funding in the following year. The board shall review the proposal and make recommendations to the department. Before and before November 1 of each year, the department shall select projects for funding under this subsection in the following year. To the extent practicable, within the requirements of this section, the department shall select projects so that projects are distributed evenly around this state.
SECTION 40. 281.65 (4m) (d) of the statutes is amended to read:
281.65 (4m) (d) After the department considers the comments of the department of agriculture, trade and consumer protection on a plan under par. (c) and receives approval of the plan by every county to which it was sent and by the land and water conservation board, the department shall designate the plan to be an element of the appropriate areawide water quality management plan under P.L. 92-500, section 208.
SECTION 41. 281.65 (5m) of the statutes is amended to read:
281.65 (5m) Upon completion of plans by the department under sub. (4) (g), the governmental unit or regional planning commission under sub. (4m) and the department of agriculture, trade and consumer protection under sub. (5), and upon receiving the approval of the land and water conservation board, the department shall prepare and approve the final plan for a priority watershed or priority lake.
SECTION 42. 281.65 (5q) (a) of the statutes is amended to read:
281.65 (5q) (a) Notwithstanding sub. (5s), neither the department nor the land and water conservation board may not extend funding under this section for a priority watershed or priority lake project beyond the funding termination date that was in effect for the priority watershed or priority lake project on January 1, 2001, except as provided in par. (b).
SECTION 43. 281.65 (5s) of the statutes is amended to read:
281.65 (5s) The department may make modifications, including designating additional sites as critical sites, in a priority watershed or priority lake plan with the approval of every county to which the department sent the original plan under sub. (4m) (c) and of the land and water conservation board. If the owner or operator of a site prevails in a final review under sub. (7) or the site is not designated as a critical site in the original plan under sub. (5m) and the pollution is from an agricultural source and is not caused by animal waste, the department may not make a modification designating the site as a critical site unless the designation is based on a substantial increase in pollution from the site, on information about pollution from the site that was not available when the plan was prepared or on a substantial change to the criteria for designating a site as a critical site. This subsection applies to a priority watershed or priority lake plan completed before, on or after August 12, 1993.
SECTION 44. 281.65 (5w) of the statutes is amended to read:
281.65 (5w) After the land and water conservation board approves department completes a priority watershed or priority lake plan or a modification to such a plan that designates a site to be a critical site, the department shall notify the owner or operator of that site of the designation and of the provisions in sub. (7) and either s. 281.20 or, if the pollution is caused primarily by animal waste, ss. NR 243.21 to 243.26, Wis. adm. code.
SECTION 45. 281.65 (7) (b) of the statutes is repealed.
SECTION 46. 281.65 (7) (c) of the statutes is amended to read:
281.65 (7) (c) The owner or operator of a site designated as a critical site in a priority watershed or priority lake plan under sub. (5m) or in a modification to such a plan under sub. (5s) may request a contested case hearing under ch. 227 to review the decision of the land and water conservation board under par. (b) a county land conservation committee under par. (a) 2. by filing a written request with the department within 60 days after receiving an adverse decision of the land and water conservation board county land conservation committee.
SECTION 47. 281.65 (11) of the statutes is amended to read:
281.65 (11) Notwithstanding subs. (3) (am) and (3m), the The South Fork of the Hay River is a priority watershed for the period ending on June 30, 2005. Notwithstanding subs. (2) (a), (4) (dm), (e), (em) and (g) 4., (4m) (b) 3. and (8) (b) and (e), the department, in consultation with the local units of government involved with the priority watershed project, shall establish guidelines for the types of nonpoint source water pollution abatement practices to be eligible for cost-sharing grants in the watershed. Notwithstanding sub. (8) (f), the amount of a cost-sharing grant in the watershed may be based on the amount of pollution reduction achieved rather than on the cost of the practices installed, using guidelines developed by the department, in consultation with the local units of government involved with the priority watershed project. In providing funding under s. 92.14 (3), the department of agriculture, trade and consumer protection shall determine the amount of matching funds required for staff for the priority watershed project as though the funding termination date of June 30, 2005, had been in effect on October 6, 1998. The department and the local governmental staff involved with the priority watershed project shall evaluate the cost effectiveness of the project and the reduction in nonpoint source water pollution associated with the project.
SECTION 48. 283.84 (5) of the statutes is amended to read:
283.84 (5) Beginning no later than September 1, 1998, and annually thereafter, the department shall report to the governor, and the secretary of administration and the land and water conservation board on the progress and status of each pilot project in achieving water quality goals and coordinating state and local efforts to improve water quality.
SECTION 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.
(1) INITIAL TERMS OF MEMBERS OF THE LAND AND WATER RESOURCE COUNCIL. Notwithstanding the length of terms specified in section 15.137 (3) (a) 1. to 3. of the statutes, as created by this act, the initial members of the land and water resource council appointed under section 15.137 (3) (a) 1. and 2. of the statutes, as created by this act, shall serve for terms that expire on July 1, 2011, and the initial member of the land and water resource council appointed under section 15.137 (3) (a) 3. of the statutes, as created by this act, shall serve for a term that ends on July 1, 2013.
(End)
LRB-1160LRB-1160/1
RNK:wlj:jf
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0267 - Ballast water permit fees
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
environment
Water quality
Under current law, a person who discharges certain pollutants into the waters of this state must hold a permit issued by DNR. Current law also provides that, instead of issuing a separate permit for a discharge from an individual point source, DNR may issue a general permit applicable to a designated area of the state authorizing discharges from specified categories or classes of point sources located within that area.
This bill authorizes DNR to issue a general permit authorizing a vessel that is 79 feet or greater in length to discharge ballast water from the vessel into waters of this state. The bill also authorizes DNR to charge specified fees for applying for and maintaining coverage under the permit. The bill requires DNR to promulgate rules that revise these fees effective on July 1, 2013. The bill provides that coverage under the general permit is valid for a period of five years and may be renewed.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.370 (4) (aj) of the statutes is created to read:
20.370 (4) (aj) Water resources-- ballast water discharge permits. From the general fund, all moneys received from fees collected under s. 283.35 (1m) to administer and enforce the ballast water discharge permit program under s. 283.35 (1m).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 283.35 (1m) of the statutes is created to read:
283.35 (1m) BALLAST WATER DISCHARGES. (a) The department may issue a general permit authorizing a vessel that is 79 feet or greater in length to discharge ballast water into the waters of the state.
(b) If the department issues a general permit under par. (a), the department shall charge the following fees:
