AB926: Bill Text

AB926, s. 654 Section 654. 31.01 (2) of the statutes is amended to read:

AB926,138,25 31.01 (2) "Department" means the department of natural resources environmental quality.

AB926, s. 655 Section 655. 31.02 (4) (c) of the statutes is amended to read:

AB926,139,7 31.02 (4) (c) With good and sufficient fishways or fish ladders, or in lieu thereof, the department of environmental quality may permit the owner may be permitted to enter into an agreement with the department of natural resources to pay for or to supply to the state of Wisconsin annually such quantities of game fish for stocking purposes as may be agreed upon by the owner and the department of natural resources.

AB926, s. 656 Section 656. 31.02 (4r) of the statutes is amended to read:

AB926,139,14 31.02 (4r) The department of environmental quality shall promulgate rules specifying the rights held by the public in navigable waters that are dammed. The rules shall include provisions on the rights held by the public that affect the placement of fishways or fish ladders in navigable waters that are dammed. The department of environmental quality shall consult with the department of natural resources concerning the rules under this subsection.

AB926, s. 657 Section 657. 31.02 (7m) of the statutes is amended to read:

AB926,139,22 31.02 (7m) The drainage board for the Duck Creek Drainage District shall operate, repair and maintain dams, dikes and other structures in district drains that the board operates in the Duck Creek Drainage District in compliance with ch. 88 and any rules promulgated by the department of agriculture, trade and consumer protection under ch. 88. If a county drainage board fails to perform its duties under this subsection, the department of natural resources environmental quality may exercise its authority under subs. (6), (8) and (9).

AB926, s. 658 Section 658. 31.06 (1) of the statutes is amended to read:

AB926,140,10 31.06 (1) Upon receipt of an application for a permit under s. 31.05 the department of environmental quality may order a hearing or it may mail a notice that it will proceed on the application without public hearing unless a request for a public hearing is filed as provided in this section. The notice shall be mailed to the clerk of each municipality directly affected by the proposed dam and to the department of natural resources. The department of environmental quality may give further or other notice as it considers proper. The department of environmental quality shall mail a copy of the notice to the applicant who shall cause the notice to be published in each county in which affected riparian lands are located as a class 1 notice, under ch. 985. If a hearing is not requested in writing within 30 days after mailing of the notice, the department of environmental quality may waive the hearing.

AB926, s. 659 Section 659. 31.06 (3) (b) of the statutes is amended to read:

AB926,140,19 31.06 (3) (b) If it appears, after consulting with the department of natural resources, that the construction, operation or maintenance of the proposed dam is in the public interest, considering ecological, aesthetic, economic and recreational values, the department of environmental quality shall so find and grant a permit to the applicant, provided the department of environmental quality also finds that the applicant has complied with s. 31.14 (2) or (3) and, where applicable, with s. 31.05 (3), based on the department's own estimate of the department of environmental quality of the area of the flowage.

AB926, s. 660 Section 660. 31.187 (2) of the statutes is amended to read:

AB926,141,2 31.187 (2) Whenever the department of environmental quality, after consultation with the department of natural resources, determines that the conservation of any species or variety of wild animals will be promoted thereby, the department of environmental quality may maintain and repair any dam located wholly upon lands the title to which is in the state either as proprietor or in trust for the people after giving due consideration to fixing the level and regulating the flow of the public waters.

AB926, s. 661 Section 661. 31.307 (4) of the statutes is repealed.

AB926, s. 662 Section 662. 31.309 (1) (a) and (am) of the statutes are repealed.

AB926, s. 663 Section 663. 31.309 (1) (b) of the statutes is renumbered 31.309 (1) and amended to read:

AB926,141,11 31.309 (1) When the department determines that the renovation and repair described under par. (a) s. 31.309 (1) (a), 2007 stats., are complete, the city of Portage shall assume the maintenance of the city of Portage levee in the Portage levee system in a manner that will best protect the surrounding area from the overflow of the Wisconsin River.

AB926, s. 664 Section 664. 31.309 (2) (a) of the statutes is renumbered 31.309 (2).

AB926, s. 665 Section 665. 31.309 (2) (b) of the statutes is repealed.

AB926, s. 666 Section 666. 31.34 of the statutes is amended to read:

AB926,141,24 31.34 Flow of water regulated. Each person, firm or corporation maintaining a dam on any navigable stream shall pass at all times at least 25% of the natural low flow of water of such stream, except as otherwise provided by law. This section, however, shall not apply to a plant or dam where the water is discharged directly into a lake, mill pond, storage pond or cranberry marsh, nor shall it apply to cases where in the opinion of in which the department of environmental quality determines, after consultation with the department of natural resources, that such minimum discharge is not necessary for the protection of fish life. Any person, firm or corporation violating this section shall be fined not less than $50 nor more than $1,000.

AB926, s. 667 Section 667. 32.02 (15m) of the statutes is created to read:

AB926,142,4 32.02 (15m) The department of agriculture, trade and consumer protection with the approval of the appropriate standing committees of each house of the legislature as determined by the presiding officer thereof and as authorized by law, for acquisition of lands.

AB926, s. 668 Section 668. 32.035 (3) of the statutes is amended to read:

AB926,142,16 32.035 (3) Procedure. The condemnor shall notify the department of any project involving the actual or potential exercise of the powers of eminent domain affecting a farm operation. If the condemnor is the department of natural resources, or the department of agriculture, trade and consumer protection, the notice required by this subsection shall be given at the time that permission of the senate and assembly appropriate standing committees on natural resources is sought under s. 23.09 (2) (d) or, 27.01 (2) (a), or 28.02 (2). To prepare an agricultural impact statement under this section, the department may require the condemnor to compile and submit information about an affected farm operation. The department shall charge the condemnor a fee approximating the actual costs of preparing the statement. The department may not publish the statement if the fee is not paid.

AB926, s. 669 Section 669. 33.01 (2) of the statutes is amended to read:

AB926,142,19 33.01 (2) "Department" means the department of natural resources environmental quality.

AB926, s. 670 Section 670. 33.265 of the statutes is amended to read:

AB926,143,2 33.265 Notice, filing and recording requirements. If a district is created or its boundaries altered, the board of commissioners shall record the authorizing document, including a legal description of the boundary, with the register of deeds in each county where the district is situated, and file the document and legal description with the department of natural resources environmental quality and the department of revenue.

AB926, s. 671 Section 671. 33.457 (4) (intro.) of the statutes is amended to read:

AB926,143,9 33.457 (4) (intro.) Within 3 months after the implementation plan is developed and submitted under sub. (1), the department of environmental quality, the department of natural resources, and the designated planning agency under s. 281.51 that covers the county shall evaluate the implementation plan to determine whether it is consistent with the criteria for water quality planning under s. 281.51 and whether the plan is adequate to:

AB926, s. 672 Section 672. 33.55 (1) (p) of the statutes is created to read:

AB926,143,13 33.55 (1) (p) One nonvoting representative from the department of environmental quality, who shall be appointed by the secretary of environmental quality.

AB926, s. 673 Section 673. 36.25 (8) of the statutes is amended to read:

AB926,143,24 36.25 (8) Water resources research. Funds made available to the various state agencies for joint water resources research and data collection programs shall be administered and coordinated by the director of the water resources center of the University of Wisconsin-Madison. Such funds shall be made available, on application from the state agencies concerned, when the director, after seeking the advice of the department of natural resources and the department of environmental quality, finds the proposed projects to be consistent with other state projects and the needs of the state. The director shall make biennial reports to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), at the convening of the legislature.

AB926, s. 674 Section 674. 36.25 (11) (c) of the statutes is amended to read:

AB926,144,7 36.25 (11) (c) The laboratory shall provide analytical support to the appropriate state agencies charged with water system evaluation. The support service shall include an evaluation from a public health standpoint and analytical support to ascertain the water's suitability for manufacturing, commercial and recreational purposes as determined by the rules promulgated by the department of health services, the department of natural resources environmental quality and the department of agriculture, trade and consumer protection.

AB926, s. 675 Section 675. 36.25 (11) (d) of the statutes is amended to read:

AB926,144,15 36.25 (11) (d) The laboratory shall be operated to furnish a complete laboratory service to the department of health services, the department of environmental quality, and the department of natural resources in the areas of water quality, air quality, public health and contagious diseases and to make available to the system, the department of health services, the department of environmental quality, and the department of natural resources such facilities for teaching in the fields of public health and environmental protection as may be derived from such a laboratory.

AB926, s. 676 Section 676. 36.25 (30) of the statutes is amended to read:

AB926,144,22 36.25 (30) Pollution prevention. The board shall maintain in the extension a solid and hazardous waste education center to promote pollution prevention, as defined in s. 299.13 (1) (dm). In cooperation with the department of natural resources environmental quality and the department of commerce, the center shall conduct an education and technical assistance program to promote pollution prevention in this state.

AB926, s. 677 Section 677. 36.27 (3m) (a) 2. of the statutes is amended to read:

AB926,145,3 36.27 (3m) (a) 2. "Law enforcement officer" has the meaning given in s. 165.85 (2) (c) and includes a person appointed as a conservation warden under s. 23.10 and a person appointed as an environmental warden under s. 278.10.

AB926, s. 678 Section 678. 40.02 (17) (n) of the statutes is created to read:

AB926,145,13 40.02 (17) (n) Notwithstanding par. (d), each participant who is a state forest ranger on or after the effective date of this paragraph .... [LRB inserts date], shall be granted creditable service as a protective occupation participant for all covered service as a state forest ranger that was earned on or after the effective date of this paragraph .... [LRB inserts date], but may not be granted creditable service as a protective occupation participant for any covered service as a state forest ranger that was earned before the effective date of this paragraph .... [LRB inserts date], unless that service was earned while the participant was classified under sub. (48) (a) and s. 40.06 (1) (d) as a protective occupation participant.

AB926, s. 679 Section 679. 40.02 (48) (am) 5m. of the statutes is created to read:

AB926,145,15 40.02 (48) (am) 5m. An environmental warden.

AB926, s. 680 Section 680. 40.02 (48) (c) of the statutes is amended to read:

AB926,146,4 40.02 (48) (c) In s. 40.65, "protective occupation participant" means a participating employee who is a police officer, fire fighter, an individual determined by a participating employer under par. (a) or (bm) to be a protective occupation participant, county undersheriff, deputy sheriff, state probation and parole officer, county traffic police officer, conservation warden, state forest ranger, field conservation employee of the department of natural resources or the department of agriculture, trade and consumer protection who is subject to call for forest fire control or warden duty, environmental warden, member of the state traffic patrol, state motor vehicle inspector, University of Wisconsin System full-time police officer, guard or any other employee whose principal duties are supervision and discipline of inmates at a state penal institution, excise tax investigator employed by the department of revenue, person employed under s. 61.66 (1), or special criminal investigation agent employed by the department of justice.

AB926, s. 681 Section 681. 40.65 (4w) of the statutes is created to read:

AB926,146,9 40.65 (4w) A state forest ranger who becomes a protective occupation participant on or after the effective date of this subsection .... [LRB inserts date], is not entitled to a duty disability benefit under this section for an injury or disease occurring before the effective date of this subsection .... [LRB inserts date].

AB926, s. 682 Section 682. 42.09 (2) (b) of the statutes is amended to read:

AB926,146,15 42.09 (2) (b) The state fair park board shall allow the department of natural resources and the department of agriculture, trade and consumer protection access to and use of the buildings, appurtenances, fixtures, exhibits and other structures and facilities described in par. (a) so that the department departments may prepare, display and dismantle exhibits during events occurring at state fair park.

AB926, s. 683 Section 683. 44.57 (1) (c) of the statutes is amended to read:

AB926,146,19 44.57 (1) (c) Game farms, fish hatcheries, nurseries and other production facilities operated by the department of natural resources or the department of agriculture, trade and consumer protection.

AB926, s. 684 Section 684. 46.34 of the statutes is amended to read:

AB926,146,24 46.34 Emission standards for hazardous air contaminants. The department may assist the department of natural resources environmental quality in the development of emission standards for hazardous air contaminants under s. 285.27 (2) (b).

AB926, s. 685 Section 685. 59.01 of the statutes is amended to read:

AB926,147,8 59.01 Body corporate; status. Each county in this state is a body corporate, authorized to sue and be sued, to acquire and hold, lease or rent real and personal estate for public uses or purposes, including lands acquired under ch. 75, to sell, lease and convey the same, including the authority to enter into leases or contracts with the state for a period of years for the uses and purposes specified in s. ss. 23.09 (2) (d) and 28.02 (2), to make such contracts and to do such other acts as are necessary and proper to the exercise of the powers and privileges granted and the performance of the legal duties charged upon it.

AB926, s. 686 Section 686. 59.692 (1) (a) of the statutes is amended to read:

AB926,147,11 59.692 (1) (a) "Department" means the department of natural resources environmental quality.

AB926, s. 687 Section 687. 59.693 (1) of the statutes is amended to read:

AB926,147,14 59.693 (1) Definition. In this section, "department" means the department of natural resources environmental quality.

AB926, s. 688 Section 688. 59.70 (2) (q) 4. of the statutes is amended to read:

AB926,147,17 59.70 (2) (q) 4. The cleanup of the site is conducted under the supervision of the department of natural resources environmental quality.

AB926, s. 689 Section 689. 59.70 (6) (a) 1. of the statutes is amended to read:

AB926,147,20 59.70 (6) (a) 1. "Department" means the department of natural resources environmental quality.

AB926, s. 690 Section 690. 59.70 (13) (b) of the statutes is amended to read:

AB926,148,7 59.70 (13) (b) Members or employees of the commission may request admission onto any property within the district at reasonable times to determine if mosquito breeding is present. If the owner or occupant refuses admission, the commission member or employee shall seek a warrant to inspect the property as a potential mosquito breeding ground. Commission members or employees may enter upon property to clean up stagnant pools of water or shores of lakes or streams, and may spray mosquito breeding areas with insecticides subject to the approval of the district director and the department of natural resources environmental quality. The commission shall notify the property owner of any pending action under this paragraph and shall provide the property owner with a hearing prior to acting under this paragraph if the owner objects to the commission's actions.

AB926, s. 691 Section 691. 59.74 (2) (g) of the statutes is amended to read:

AB926,148,11 59.74 (2) (g) Every land surveyor and every officer of the department of natural resources, every officer of the department of agriculture, trade and consumer protection, and the district attorney shall enforce this subsection.

AB926, s. 692 Section 692. 60.627 (1) of the statutes is amended to read:

AB926,148,14 60.627 (1) Definition. In this section, "department" means the department of natural resources environmental quality.

AB926, s. 693 Section 693. 60.71 (4) (b) of the statutes is amended to read:

AB926,148,20 60.71 (4) (b) The town board shall publish a class 2 notice, under ch. 985, of the hearing. The notice shall contain an announcement of the hearing and a description of the boundaries of the proposed town sanitary district. The town board shall mail the notice to the department of commerce and the department of natural resources environmental quality at least 10 days prior to the hearing.

AB926, s. 694 Section 694. 60.71 (4) (c) of the statutes is amended to read:

AB926,149,3 60.71 (4) (c) Any person may file written comments on the formation of the district with the town clerk. Any owner of property within the boundary of the proposed district may appear at the hearing and offer objections, criticisms or suggestions as to the necessity of the proposed district and the question of whether his or her property will be benefited by the establishment of the district. A representative of the department of commerce and of the department of natural resources environmental quality may attend the hearing and advise the town board.

AB926, s. 695 Section 695. 60.71 (7) of the statutes is amended to read:

AB926,149,8 60.71 (7) Filing and recording the order. The town board shall file copies of the order establishing the town sanitary district with the department of natural resources environmental quality and record the order with the register of deeds in each county in which the district is located.

AB926, s. 696 Section 696. 60.72 (title) and (1) of the statutes are amended to read:

AB926,149,13 60.72 (title) Creation of town sanitary district by order of the department of natural resources environmental quality. (1) Definition. In this section, "department" means the department of natural resources environmental quality.

AB926, s. 697 Section 697. 60.73 of the statutes is amended to read:

AB926,149,23 60.73 Review of orders creating town sanitary districts. Any person aggrieved by any act of the town board or the department of natural resources environmental quality in establishing a town sanitary district may bring an action in the circuit court of the county in which his or her lands are located, to set aside the final determination of the town board or the department of natural resources environmental quality, within 90 days after the final determination, as provided under s. 893.73 (2). If no action is taken within the 90-day period, the determination by the town board or the department of natural resources environmental quality is final.

AB926, s. 698 Section 698. 60.782 (2) (d) of the statutes is amended to read:

AB926,150,3 60.782 (2) (d) Lease or acquire, including by condemnation, any real property situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g) or 30.275 23.434 (4).

AB926, s. 699 Section 699. 60.785 (2) (a) of the statutes is amended to read:

AB926,150,15 60.785 (2) (a) Any town sanitary district may be consolidated with a contiguous town sanitary district by resolution passed by a two-thirds vote of all of the commissioners of each district, fixing the terms of the consolidation and ratified by the qualified electors of each district at a referendum held in each district. The resolution shall be filed as provided in s. 8.37. The ballots shall contain the words "for consolidation", and "against consolidation". If a majority of the votes cast on the referendum in each town sanitary district are for consolidation, the resolutions are effective and have the force of a contract. Certified copies of the resolutions and the results of the referendum shall be filed with the secretary of natural resources environmental quality and the original documents shall be recorded with the register of deeds in each county in which the consolidated district is situated.

AB926, s. 700 Section 700. 60.85 (1) (n) of the statutes is amended to read: