AB926: Bill Text

AB926, s. 11 Section 11. 13.625 (8m) of the statutes is amended to read:

AB926,16,4 13.625 (8m) Subsection (3) does not apply to the solicitation of anything of pecuniary value to pay the costs of remedying environmental contamination, as defined in s. 292.51 (1), by an agency official of the department of natural resources environmental quality.

AB926, s. 12 Section 12. 13.83 (3) (f) (intro.) of the statutes is amended to read:

AB926,16,7 13.83 (3) (f) (intro.) The special committee shall be assisted by a technical advisory committee composed of 8 9 members representing the following:

AB926, s. 13 Section 13. 13.83 (3) (f) 8. of the statutes is created to read:

AB926,16,9 13.83 (3) (f) 8. The department of environmental quality.

AB926, s. 14 Section 14. 14.95 (2) of the statutes is amended to read:

AB926,16,20 14.95 (2) The governor shall serve as this state's representative on the Great Lakes—St. Lawrence River Basin Water Resources Council. In discharging his or her responsibilities under s. 281.343 (2) and (3), the governor may designate the secretary of natural resources environmental quality as the governor's alternate to attend all meetings of the Great Lakes—St. Lawrence River Basin Water Resources Council and to vote at all meetings of the Great Lakes—St. Lawrence River Basin Water Resources Council in the absence of the governor. Any designee other than the secretary of natural resources environmental quality shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.

AB926, s. 15 Section 15. 15.01 (4) of the statutes is amended to read:

AB926,17,4 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Milwaukee River revitalization council has the powers and duties specified in s. 23.18 278.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24, and the electronic recording council has the powers and duties specified in s. 706.25 (4).

AB926, s. 16 Section 16. 15.05 (1) (b) of the statutes is amended to read:

AB926,17,14 15.05 (1) (b) Except as provided in pars. (c) and par. (d), if a department is under the direction and supervision of a board, the board shall appoint a secretary to serve at the pleasure of the board outside the classified service. In such departments, the powers and duties of the board shall be regulatory, advisory and policy-making, and not administrative. All of the administrative powers and duties of the department are vested in the secretary, to be administered by him or her under the direction of the board. The secretary, with the approval of the board, shall promulgate rules for administering the department and performing the duties assigned to the department.

AB926, s. 17 Section 17. 15.05 (1) (c) of the statutes is repealed.

AB926, s. 18 Section 18. 15.07 (2) (n) of the statutes is amended to read:

AB926,17,18 15.07 (2) (n) The member appointed under s. 15.345 (6) 15.13 (5) (a) shall serve as chairperson of the managed forest land board.

AB926, s. 19 Section 19. 15.09 (1) (b) of the statutes is amended to read:

AB926,17,21 15.09 (1) (b) The terms of the members of the council on recycling shall expire as specified under s. 15.347 (17) 15.337 (5) (c).

AB926, s. 20 Section 20. 15.107 (5) (a) 2m. of the statutes is created to read:

AB926,17,23 15.107 (5) (a) 2m. The secretary of environmental quality or his or her designee.

AB926, s. 21 Section 21. 15.107 (17) (f) of the statutes is amended to read:

AB926,18,2 15.107 (17) (f) One member appointed by the secretary of natural resources environmental quality.

AB926, s. 22 Section 22. 15.135 (4) (b) 1. of the statutes is amended to read:

AB926,18,6 15.135 (4) (b) 1. The secretaries of administration, natural resources environmental quality, and agriculture, trade and consumer protection or their designees.

AB926, s. 23 Section 23. 15.137 (5) (a) of the statutes is amended to read:

AB926,18,11 15.137 (5) (a) Nonvoting members. The secretary of agriculture, trade and consumer protection, the secretary of natural resources environmental quality, and the dean of the College of Agricultural and Life Sciences at the University of Wisconsin-Madison, or their designees, shall serve as nonvoting members.

AB926, s. 24 Section 24. 15.137 (5) (b) 2. of the statutes is amended to read:

AB926,18,15 15.137 (5) (b) 2. One voting member shall be appointed by the secretary of natural resources environmental quality to serve for a 3-year term. The member appointed under this subdivision shall be knowledgeable about water quality.

AB926, s. 25 Section 25. 15.155 (5) of the statutes is amended to read:

AB926,19,5 15.155 (5) Small business regulatory review board. There is created a small business regulatory review board, attached to the department of commerce under s. 15.03. The board shall consist of a representative of the department of administration; a representative of the department of agriculture, trade and consumer protection; a representative of the department of children and families; a representative of the department of commerce; a representative of the department of health services; a representative of the department of natural resources environmental quality; a representative of the department of regulation and licensing; a representative of the department of revenue; a representative of the department of workforce development; 6 representatives of small businesses, as defined in s. 227.114 (1), who shall be appointed for 3-year terms; and the chairpersons of one senate and one assembly committee concerned with small businesses, appointed as are members of standing committees. The representatives of the departments shall be selected by the secretary of that department.

AB926, s. 26 Section 26. 15.157 (10) (f) of the statutes is amended to read:

AB926,19,9 15.157 (10) (f) One member appointed by the secretary of natural resources environmental quality to represent the department of natural resources environmental quality.

AB926, s. 27 Section 27. 15.33 of the statutes is created to read:

AB926,19,13 15.33 Department of environmental quality; creation. There is created a department of environmental quality under the direction and supervision of the secretary of environmental quality.

AB926, s. 28 Section 28. 15.337 (title) of the statutes is created to read:

AB926,19,15 15.337 (title) Same; councils.

AB926, s. 29 Section 29. 15.337 (4) (a) 1m. of the statutes is created to read:

AB926,19,17 15.337 (4) (a) 1m. The secretary of environmental quality or his or her designee.

AB926, s. 30 Section 30. 15.34 (2) (bg) and (br) of the statutes are created to read:

AB926,19,23 15.34 (2) (bg) At least one member of the natural resources board shall have an agricultural background. The governor may request statewide agricultural organizations to submit recommendations for nominees under this paragraph. The requirements of this paragraph apply to individuals who are members of the natural resources board on May 1, 2014, and thereafter.

AB926,20,6 (br) 1. At least 3 members of the natural resources board shall be individuals who held an annual hunting, fishing, or trapping license, in this state or another state, in at least 7 of the 10 years previous to the year in which the individual is nominated, except as provided in subd. 2. The governor may request statewide organizations that are primarily interested in supporting hunting, fishing, or trapping to submit recommendations for nominees under this paragraph. The requirements of this paragraph apply to individuals who are members of the natural resources board on May 1, 2014, and thereafter.

AB926,20,11 2. If an individual served on active duty in the U.S. armed forces or national guard during the 10 years previous to the year in which the individual is nominated, the number of years in which the individual is required to have held an annual hunting, fishing, or trapping license equals 7 minus the number of years of active duty served during those 10 years.

AB926, s. 31 Section 31. 15.343 of the statutes is renumbered 15.132, and 15.132 (1), as renumbered, is amended to read:

AB926,20,15 15.132 (1) Division of forestry. There is created in the department of natural resources agriculture, trade and consumer protection a division of forestry.

AB926, s. 32 Section 32. 15.345 (6) of the statutes is renumbered 15.135 (5), and 15.135 (5) (intro.), as renumbered, is amended to read:

AB926,20,21 15.135 (5) Managed forest land board. (intro.) There is created in the department of natural resources agriculture, trade and consumer protection a managed forest land board consisting of the chief state forester or his or her designee and the following members appointed for 3-year terms:

AB926, s. 33 Section 33. 15.347 (2) of the statutes is renumbered 15.337 (1), and 15.337 (1) (intro.), as renumbered, is amended to read:

AB926,21,2 15.337 (1) Dry cleaner environmental response council. (intro.) There is created in the department of natural resources environmental quality a dry cleaner environmental response council consisting of the following members appointed for 3-year terms:

AB926, s. 34 Section 34. 15.347 (12) of the statutes is renumbered 15.337 (2) and amended to read:

AB926,21,9 15.337 (2) Metallic mining council. There is created in the department of natural resources environmental quality a metallic mining council consisting of 9 persons representing a variety and balance of economic, scientific and environmental viewpoints. Members shall be appointed by the secretary of the department for staggered 3-year terms.

AB926, s. 35 Section 35. 15.347 (13) of the statutes is renumbered 15.337 (3), and 15.337 (3) (a) and (b) 1., as renumbered, are amended to read:

AB926,21,14 15.337 (3) (a) Creation. There is created a groundwater coordinating council, attached to the department of natural resources environmental quality under s. 15.03. The council shall perform the functions specified under s. 160.50.

AB926,21,15 (b) 1. The secretary of natural resources environmental quality.

AB926, s. 36 Section 36. 15.347 (15) of the statutes is renumbered 15.337 (4), and 15.337 (4) (a) (intro.), as renumbered, is amended to read:

AB926,21,20 15.337 (4) (a) (intro.) There is created in the department of natural resources environmental quality a Milwaukee River revitalization council consisting of the following members:

AB926, s. 37 Section 37. 15.347 (17) of the statutes is renumbered 15.337 (5), and 15.337 (5) (a), as renumbered, is amended to read:

AB926,21,25 15.337 (5) (a) Creation and membership. There is created a council on recycling, attached to the department of natural resources environmental quality under s. 15.03, consisting of 7 members selected by the governor.

AB926, s. 38 Section 38. 15.347 (19) of the statutes is renumbered 15.137 (2m), and 15.137 (2m) (a) (intro.), as renumbered, is amended to read:

AB926,22,4 15.137 (2m) (a) (intro.) There is created in the department of natural resources agriculture, trade and consumer protection a council of forestry consisting of:

AB926, s. 39 Section 39. 15.915 (2) (a) of the statutes is amended to read:

AB926,22,9 15.915 (2) (a) The chancellor of the University of Wisconsin-Madison, the secretary of health services, the secretary of natural resources, the secretary of environmental quality, and the secretary of agriculture, trade and consumer protection, or their designees.

AB926, s. 40 Section 40. 15.915 (6) (b) 2m. of the statutes is created to read:

AB926,22,11 15.915 (6) (b) 2m. The secretary of environmental quality.

AB926, s. 41 Section 41. 16.02 (2) of the statutes is amended to read:

AB926,22,19 16.02 (2) The acid deposition research council shall, by July 1 of each even-numbered year, submit a report of its work summarizing its recommendations under sub. (1) (a) to (c) and the results of the research reviewed under sub. (1) (d) and shall file the report with the governor, the secretary, the chairperson of the natural resources board, the secretary of environmental quality, and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (2).

AB926, s. 42 Section 42. 16.045 (1) (b) (intro.) of the statutes is amended to read:

AB926,22,24 16.045 (1) (b) (intro.) "Alternative fuel" means any of the following fuels the use of which the department of natural resources environmental quality finds would improve air quality as compared to the use of gasoline or petroleum-based diesel fuel:

AB926, s. 43 Section 43. 16.045 (1) (b) 10. of the statutes is amended to read:

AB926,23,3 16.045 (1) (b) 10. Any other fuel except gasohol that the department of natural resources environmental quality finds to be composed substantially of material other than petroleum, the use of which would yield substantial environmental benefits.

AB926, s. 44 Section 44. 16.045 (1) (d) of the statutes is amended to read:

AB926,23,8 16.045 (1) (d) "Gasohol" means any motor fuel containing at least 10% alcohol the use of which the department of natural resources environmental quality finds would improve air quality as compared to the use of gasoline or petroleum-based diesel fuel.

AB926, s. 45 Section 45. 16.15 (3) (b) 1. (intro.) of the statutes is amended to read:

AB926,23,15 16.15 (3) (b) 1. (intro.) The department of natural resources environmental quality shall, at the request of an agency or authority, grant a variance to a requirement under par. (a) 3. for up to one year for a material that is generated by the agency or authority in one or more locations if the department of natural resources environmental quality determines that the cost of selling processed material exceeds any of the following:

AB926, s. 46 Section 46. 16.15 (3) (b) 1. a. of the statutes is amended to read:

AB926,23,19 16.15 (3) (b) 1. a. Forty dollars per ton of processed material, as annually adjusted by the department of natural resources environmental quality to reflect changes in price levels due to inflation since 1989.

AB926, s. 47 Section 47. 16.15 (3) (b) 2. of the statutes is amended to read:

AB926,24,2 16.15 (3) (b) 2. The department of natural resources environmental quality may on its own initiative grant a variance to a requirement under par. (a) 3. for up to one year for a material that is generated by one or more state agencies or authorities in one or more locations if the department of natural resources environmental quality determines that the cost of selling processed material exceeds the amount under subd. 1. a. or b.

AB926, s. 48 Section 48. 16.15 (3) (b) 3. of the statutes is amended to read:

AB926,24,6 16.15 (3) (b) 3. The department of natural resources environmental quality may grant a variance to a requirement under par. (a) for up to one year in the event of an unexpected emergency condition.

AB926, s. 49 Section 49. 16.505 (2) (b) of the statutes is amended to read:

AB926,24,9 16.505 (2) (b) This subsection does not apply to full-time equivalent positions funded from the appropriation under s. 20.370 20.375 (2) (bg) or (8) (mg) (sg).

AB926, s. 50 Section 50. 16.515 (3) of the statutes is amended to read:

AB926,24,12 16.515 (3) This section does not apply to supplementation of the appropriation under s. 20.370 20.375 (2) (bg) or (8) (mg) (sg).

AB926, s. 51 Section 51. 16.855 (21) of the statutes is amended to read:

AB926,24,16 16.855 (21) This section does not apply to contracts by the department of natural resources environmental quality for construction work related to hazardous substance spill response under s. 292.11 or environmental repair under s. 292.31.

AB926, s. 52 Section 52. 16.87 (4) of the statutes is amended to read:

AB926,24,23 16.87 (4) This section does not apply to contracts by the department of natural resources or the department of environmental quality for environmental consultant services or engineering services for hazardous substance spill response under s. 292.11 or environmental repair under s. 292.31, or for environmental consultant services to assist in the preparation of an environmental impact statement or to provide preapplication services under s. 23.40 278.40.

AB926, s. 53 Section 53. 16.958 (1) (d) of the statutes is amended to read:

AB926,25,4 16.958 (1) (d) "Initial compliance date" means the date specified in a notice by the department of natural resources environmental quality under s. 285.48 (2) by which electric generating facilities in the midcontinent area of this state are required to comply with initial nitrogen oxide emission reduction requirements.

AB926, s. 54 Section 54. 16.958 (2) (intro.) of the statutes is amended to read: