Amendment ASA1-AB177

AB177-ASA1, s. 22 Section 22. 30.208 (3) (e) of the statutes is amended to read:

AB177-ASA1,8,15 30.208 (3) (e) Within 30 20 days after the public hearing is held period for public comment under sub. (4) (b) has ended or if no public hearing is held, within 30 days of the 30-day comment period under sub. (4) (a), the department shall render a decision, issuing, denying, or modifying the permit or approving or disapproving the contract that is the subject of the application submitted under sub. (1).

AB177-ASA1, s. 23 Section 23. 30.208 (3) (f) of the statutes is created to read:

AB177-ASA1,8,22 30.208 (3) (f) If the department fails to comply with the time periods under sub. (3) (e), a decision issuing the permit, modifying the permit, or approving the contract shall be considered to be rendered. The permit that is issued or is modified, or the contract that is approved, shall authorize the activity as proposed by the applicant, but the department may impose terms and conditions on the permit or contract that are consistent with the applicant's basic proposal.

AB177-ASA1, s. 24 Section 24. 30.208 (4) (a) of the statutes is amended to read:

AB177-ASA1,9,6 30.208 (4) (a) The department shall provide a period for public comment after the department has provided a notice of complete pending application under sub. (3) (a), during which time any person may submit written comments with respect to the application for the permit or contract. The department shall retain all of the written comments submitted during this period and shall consider all of the comments in the formulation of the final decision on the application. The period for public comment shall end on the 30th day following the date on which the department completes providing the notice of complete pending application, except as provided in par. (b).

AB177-ASA1, s. 25 Section 25. 30.208 (4m) of the statutes is created to read:

AB177-ASA1,9,13 30.208 (4m) Denials. If a decision is issued by the department under this section that denies a permit or a modification of a permit or disapproves a contract, the notice of denial or disapproval shall set forth the specific reasons as to how the applicable provisions of this subchapter were not met. The notice of denial or disapproval may not be based on a determination that the application for the permit or contract was incomplete.

AB177-ASA1, s. 26 Section 26. 30.208 (5) (a) (intro.) of the statutes is amended to read:

AB177-ASA1,9,18 30.208 (5) (a) (intro.) The department shall, by rule, establish procedures for providing notices of complete pending applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1m). The procedures shall require all of the following:

AB177-ASA1, s. 27 Section 27. 30.208 (5) (a) 1. of the statutes is amended to read:

AB177-ASA1,9,21 30.208 (5) (a) 1. That the notice be published as a class 1 notice under ch. 985 or by an electronic notification system established by the department.

AB177-ASA1, s. 28 Section 28. 30.208 (5) (b) (intro.) of the statutes is amended to read:

AB177-ASA1,9,24 30.208 (5) (b) (intro.) The department shall, by rule, prescribe the form and content of notices of complete pending applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1m). Each notice shall include all of the following information:

AB177-ASA1, s. 29 Section 29. 30.208 (5) (b) 4. of the statutes is amended to read:

AB177-ASA1,10,6 30.208 (5) (b) 4. For a notice of complete pending application and a notice of public hearing under sub. (3), a statement of the tentative determination to issue, modify, or deny a permit for the activity or project described in the application.

AB177-ASA1, s. 30 Section 30. 30.208 (5) (b) 5. of the statutes is amended to read:

AB177-ASA1,10,11 30.208 (5) (b) 5. For a notice of complete pending application and a notice of public hearing under sub. (3), a brief description of the procedures for the formulation of final determinations, including a description of the comment period required under sub. (4).

AB177-ASA1, s. 31 Section 31. 30.209 (2) (a) of the statutes is amended to read:

AB177-ASA1,10,14 30.209 (2) (a) An administrative hearing under this subsection section shall be treated as a contested case under ch. 227.

AB177-ASA1, s. 32 Section 32. 30.209 (2) (b) of the statutes is amended to read:

AB177-ASA1,10,23 30.209 (2) (b) If a stay under sub. (1m) (c) is in effect, the hearing examiner shall, within 30 days after receipt of the referral under sub. (1m) (g), determine whether continuation of the stay is necessary to prevent significant adverse impacts or irreversible harm to the environment pending completion of the administrative hearing. The hearing examiner shall make the determination based on the request under sub. (1m) (c), any response from the applicant under sub. (1m) (e), and any testimony at a public hearing or any public comments. The determination shall be made without a hearing.

AB177-ASA1, s. 33 Section 33. 30.209 (2) (c) of the statutes is amended to read:

AB177-ASA1,11,6 30.209 (2) (c) A An administrative hearing under this section shall be completed within 90 days after receipt of the referral of the petition under sub. (1m) (g), unless all parties agree to an extension of that period. In addition, a hearing examiner may grant a one-time extension for the completion of the hearing of up to 60 days on the motion of any party and a showing of good cause demonstrating extraordinary circumstances justifying an extension.

AB177-ASA1, s. 34 Section 34. 30.209 (2) (d) (intro.) of the statutes is amended to read:

AB177-ASA1,11,10 30.209 (2) (d) (intro.) Notwithstanding s. 227.44 (1), the department shall provide a notice of the administrative hearing at least 30 days before the date of the hearing to all of the following:

AB177-ASA1, s. 35 Section 35. 30.209 (2) (e) of the statutes is created to read:

AB177-ASA1,11,14 30.209 (2) (e) In an administrative hearing under this section, the petitioner shall proceed first with the presentation of evidence and shall have the burden of proof.

AB177-ASA1, s. 36 Section 36. 227.01 (13) (rt) of the statutes is amended to read:

AB177-ASA1,11,16 227.01 (13) (rt) Is a general permit issued under s. 30.206 or 30.2065.

AB177-ASA1, s. 37 Section 37. 299.05 (2) (a) of the statutes is amended to read:

AB177-ASA1,11,20 299.05 (2) (a) Permits, contracts, and other approvals under ss. 30.10 to 30.205 and 30.21 to 30.27, except for individual permits and contracts to which s. 30.208 applies.

AB177-ASA1, s. 38 Section 38. Initial applicability.

AB177-ASA1,12,2 (1) The treatment of sections 30.18 (4) (a), 30.208 (3) (a), (b), (c), (e), and (f), (4) (a), (4m), and (5) (a) (intro.) and (b) (intro.), 4., and 5. and 299.05 (2) (a) of the statutes, the renumbering and amendment of section 30.208 (2) of the statutes, and the creation of section 30.208 (2) (d) of the statutes first apply to applications for individual permits or contracts that are submitted on the effective date of this subsection.

AB177-ASA1,12,4 (2) The treatment of section 30.209 (2) (e) of the statutes first applies to administrative hearings that are commenced on the effective date of this subsection.

AB177-ASA1, s. 39 Section 39. Effective date.

AB177-ASA1,12,7 (1) This act takes effect on first day of the 4th month beginning after publication.

AB177-ASA1,12,8 (End)