AB75: Bill Text

AB75,1364,3 281.65 (2) (be) "Priority lake" means any lake or group of lakes that are identified under sub. s. 281.65 (3) (am), 2007 stats.

AB75, s. 2591 Section 2591. 281.65 (2) (c) of the statutes is amended to read:

AB75,1364,6 281.65 (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).

AB75, s. 2592 Section 2592. 281.65 (3) of the statutes is repealed.

AB75, s. 2593 Section 2593. 281.65 (3m) of the statutes is repealed.

AB75, s. 2594 Section 2594. 281.65 (4) (c) of the statutes is amended to read:

AB75,1364,14 281.65 (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.

AB75, s. 2595 Section 2595. 281.65 (4) (cd) of the statutes is amended to read:

AB75,1364,20 281.65 (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.

AB75, s. 2596 Section 2596. 281.65 (4) (cg) of the statutes is repealed.

AB75, s. 2597 Section 2597. 281.65 (4) (e) of the statutes is amended to read:

AB75,1365,14 281.65 (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.

AB75, s. 2598 Section 2598. 281.65 (4) (f) of the statutes is amended to read:

AB75,1365,25 281.65 (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.

AB75, s. 2599 Section 2599. 281.65 (4) (k) of the statutes is repealed.

AB75, s. 2600 Section 2600. 281.65 (4) (L) of the statutes is repealed.

AB75, s. 2601 Section 2601. 281.65 (4) (o) of the statutes is repealed.

AB75, s. 2602 Section 2602. 281.65 (4) (p) of the statutes is amended to read:

AB75,1366,9 281.65 (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.

AB75, s. 2603 Section 2603. 281.65 (4) (q) of the statutes is repealed.

AB75, s. 2604 Section 2604. 281.65 (4) (s) of the statutes is repealed.

AB75, s. 2605 Section 2605. 281.65 (4c) (b) of the statutes is amended to read:

AB75,1366,16 281.65 (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.

AB75, s. 2606 Section 2606. 281.65 (4c) (c) of the statutes is amended to read:

AB75,1366,25 281.65 (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.

AB75, s. 2607 Section 2607. 281.65 (4e) (a) of the statutes is amended to read:

AB75,1367,5 281.65 (4e) (a) A governmental unit may request funding under this subsection for a project to implement best management practices for animal waste management at an animal feeding operation for which the department has issued a notice of discharge under ch. 283 or a notice of intent to issue a notice of discharge.

AB75, s. 2608 Section 2608. 281.65 (4e) (b) of the statutes is amended to read:

AB75,1367,9 281.65 (4e) (b) The department may grant a request under par. (a) if it determines that providing funding under this subsection is necessary to protect fish and aquatic life the waters of the state.

AB75, s. 2609 Section 2609. 281.65 (4e) (bm) of the statutes is created to read:

AB75,1367,17 281.65 (4e) (bm) The department may provide a cost-sharing grant under this subsection directly to a landowner, or to an operator of an animal feeding operation, for a project to implement best management practices for animal waste management at an animal feeding operation for which the department has issued a notice of discharge under ch. 283 or a notice of intent to issue a notice of discharge if the department determines that providing funding under this subsection is necessary to protect the waters of the state.

AB75, s. 2610 Section 2610. 281.65 (4m) (d) of the statutes is amended to read:

AB75,1367,24 281.65 (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.

AB75, s. 2611 Section 2611. 281.65 (5) (b) of the statutes is amended to read:

AB75,1368,10 281.65 (5) (b) Prepare sections of the priority watershed or priority lake plan relating to farm-specific implementation schedules, requirements under ss. 92.104 and 92.105 s. 281.16 (3), animal waste management and selection of agriculturally related best management practices and submit those sections to the department for inclusion under sub. (4m) (b). The best management practices shall be cost-effective best management practices, as specified under sub. (4) (e), except in situations in which the use of a cost-effective best management practice will not contribute to water quality improvement or will cause a water body to continue to be impaired as identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

AB75, s. 2612 Section 2612. 281.65 (5) (d) of the statutes is amended to read:

AB75,1368,15 281.65 (5) (d) Develop a grant disbursement and project management schedule for agriculturally related best management practices to be included in a plan established under sub. (4) (g) and identify recommendations for implementing activities or projects under ss. 92.10, 92.104 and 92.105 and 281.16 (3).

AB75, s. 2613 Section 2613. 281.65 (5) (e) of the statutes is amended to read:

AB75,1368,18 281.65 (5) (e) Identify areas within a priority watershed or priority lake area that are subject to activities required under ss. 92.104 and 92.105 s. 281.16 (3).

AB75, s. 2614 Section 2614. 281.65 (5m) of the statutes is amended to read:

AB75,1368,24 281.65 (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.

AB75, s. 2615 Section 2615. 281.65 (5q) (a) of the statutes is amended to read:

AB75,1369,5 281.65 (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).

AB75, s. 2616 Section 2616. 281.65 (5s) of the statutes is amended to read:

AB75,1369,19 281.65 (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.

AB75, s. 2617 Section 2617. 281.65 (5w) of the statutes is amended to read:

AB75,1370,2 281.65 (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.

AB75, s. 2618 Section 2618. 281.65 (7) (b) of the statutes is repealed.

AB75, s. 2619 Section 2619. 281.65 (7) (c) of the statutes is amended to read:

AB75,1370,11 281.65 (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.

AB75, s. 2620 Section 2620. 281.65 (8) (f) of the statutes is amended to read:

AB75,1370,19 281.65 (8) (f) A cost-sharing grant shall equal the percentage of the cost of implementing the best management practice that is determined by the department in providing a cost-sharing grant under sub. (4e) (a) or by the governmental unit submitting the application under sub. (4c) (a) or (4e) (a) and is approved by the board, except as provided under pars. (gm) and (jm) and, except that a cost-sharing grant may not exceed 70% of the cost of implementing the best management practice unless par. (gm) applies.

AB75, s. 2621 Section 2621. 281.65 (8) (gm) of the statutes is amended to read:

AB75,1371,2 281.65 (8) (gm) The department in providing a cost-sharing grant under sub. (4e) (a) or a governmental unit submitting the application under sub. (4c) (a) or (4e) (a) shall may exceed the limit under par. (f) in cases case of economic hardship, as defined by the department by rule. In providing a grant for a project to achieve compliance with a performance standard or prohibition established under s. 281.16 (3) (a), the department shall provide cost-sharing of 70% of the cost of compliance or 70% to 90% of the cost of compliance in case of economic hardship.

AB75, s. 2622 Section 2622. 281.65 (8) (jm) of the statutes is repealed.

AB75, s. 2623 Section 2623. 281.65 (11) of the statutes is amended to read:

AB75,1371,21 281.65 (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.

AB75, s. 2624 Section 2624. 281.68 (title) of the statutes is amended to read:

AB75,1371,24 281.68 (title) Lake management planning grants and lake monitoring contracts.

AB75, s. 2625 Section 2625. 281.68 (2) (b) of the statutes is amended to read:

AB75,1372,3 281.68 (2) (b) The total amount of lake monitoring contracts for each fiscal year may not exceed 10 percent of the total amount appropriated under s. 20.370 (6) (ar) and (as).

AB75, s. 2626 Section 2626. 281.68 (3) (bg) of the statutes is amended to read:

AB75,1372,9 281.68 (3) (bg) The department shall promulgate rules for the administration of the lake monitoring contracts program, which shall specify the eligible activities and qualifications for participation in the statewide lake monitoring network. Eligible activities shall include providing technical assistance to public or private entities that apply for, or have received, a grant under s. 23.22 (2) (c).

AB75, s. 2627 Section 2627. 281.75 (4) (b) 3. of the statutes is amended to read:

AB75,1372,12 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231, 233, 234, or 237.

AB75, s. 2628 Section 2628. 281.87 of the statutes is amended to read:

AB75,1372,20 281.87 Great Lakes contaminated sediment removal. The department may expend funds from the appropriation under s. 20.866 (2) (ti) to pay a portion of the costs of a project to remove contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior if federal funds are provided for the project under 33 USC 1268 (c) (12) the project is in an impaired water body that the department has identified under 33 USC 1313 (d) (1) (A) and the source of the impairment is contaminated sediment.

AB75, s. 2629 Section 2629. 283.35 (1m) of the statutes is created to read:

AB75,1372,24 283.35 (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.

AB75,1373,2 (b) If the department issues a general permit under par. (a), the department shall charge the following fees:

AB75,1373,4 1. An application fee of $1,200 to be paid by any person who applies for coverage under a general permit issued under this subsection.

AB75,1373,6 2. An annual fee of $345 to be paid upon initial coverage under the permit and annually thereafter.

AB75,1373,7 (c) Paragraph (b) does not apply after June 30, 2013.

AB75,1373,13 (d) On or before June 30, 2013, the department shall promulgate rules establishing application fees and annual fees for coverage under a general permit issued under this subsection. The department shall establish fees that are based on the costs to the department of controlling aquatic invasive species introduced into the waters of the state by the discharge of ballast water. The department shall charge the fees established by rule under this paragraph beginning on July 1, 2013.

AB75,1373,16 (e) Coverage under a general permit issued under this subsection is valid for a period of 5 years. The department may renew coverage under a general permit issued under this subsection upon application.

AB75,1373,18 (f) The department shall credit the fees collected under this subsection to the appropriation account under s. 20.370 (4) (aj).

AB75, s. 2630 Section 2630. 283.84 (5) of the statutes is amended to read:

AB75,1373,24 283.84 (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.

AB75, s. 2631 Section 2631. 285.48 (4) (b) of the statutes is amended to read:

AB75,1374,3 285.48 (4) (b) The implementation of low-income weatherization and energy conservation measures, including programs established under s. 16.957 196.3746 (2) (a) or (b) or programs under s. 196.374.

AB75, s. 2632 Section 2632. 285.59 (1) (b) of the statutes is amended to read:

AB75,1374,13 285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, and the Wisconsin Health and Educational Facilities Authority.

AB75, s. 2633 Section 2633. 285.66 (2) (c) of the statutes is created to read:

AB75,1374,17 285.66 (2) (c) Notwithstanding par. (a), the department may specify a term of longer than 5 years for an operation permit or specify that an operation permit does not expire if all of the following apply:

AB75,1374,19 1. The operation permit is for a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act.

AB75,1374,20 2. The operation permit is not a registration permit or a general permit.

AB75, s. 2634 Section 2634. 285.69 (1) (a) 3. of the statutes is repealed.

AB75, s. 2635 Section 2635. 285.69 (1g) of the statutes is repealed.