Amendment ASA1-AB40

AB40-ASA1, s. 2905 Section 2905. 281.33 (3m) (h) of the statutes is renumbered 101.1206 (7).

AB40-ASA1, s. 2906 Section 2906. 281.344 (8) (a) of the statutes is amended to read:

AB40-ASA1,1188,10 281.344 (8) (a) Goals and objectives. The department shall specify water conservation and efficiency goals and objectives for the waters of the state. The department shall specify goals and objectives for the waters of the Great Lakes basin that are consistent with the goals under s. 281.343 (4b) (a) and the objectives identified by the regional body under Article 304 (1) of the Great Lakes — St. Lawrence River Basin Sustainable Water Resources Agreement. In specifying these goals and objectives, the department shall consult with the department of commerce safety and professional services and the public service commission.

AB40-ASA1, s. 2907 Section 2907. 281.344 (8) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1188,15 281.344 (8) (b) Statewide program. (intro.) In cooperation with the department of commerce safety and professional services and the public service commission, the department shall develop and implement a statewide water conservation and efficiency program that includes all of the following:

AB40-ASA1, s. 2908 Section 2908. 281.344 (8) (b) 3. of the statutes is amended to read:

AB40-ASA1,1188,19 281.344 (8) (b) 3. Water conservation and efficiency measures that the department of commerce safety and professional services requires or authorizes to be implemented under chs. 101 and 145.

AB40-ASA1, s. 2909 Section 2909. 281.346 (8) (a) of the statutes is amended to read:

AB40-ASA1,1189,5 281.346 (8) (a) Goals and objectives. The department shall specify water conservation and efficiency goals and objectives for the waters of the state and for the waters of the Great Lakes basin. The department shall specify goals and objectives for the waters of the Great Lakes basin that are consistent with the goals under s. 281.343 (4b) (a) and the objectives identified by the Great Lakes council under s. 281.343 (4b) (a) and (c). In specifying these goals and objectives, the department shall consult with the department of commerce safety and professional services and the public service commission and consider the water conservation and efficiency goals and objectives developed in any pilot program conducted by the department in cooperation with the regional body.

AB40-ASA1, s. 2910 Section 2910. 281.346 (8) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1189,10 281.346 (8) (b) Statewide program. (intro.) In cooperation with the department of commerce safety and professional services and the public service commission, the department shall develop and implement a statewide water conservation and efficiency program that includes all of the following:

AB40-ASA1, s. 2911 Section 2911. 281.346 (8) (b) 3. of the statutes is amended to read:

AB40-ASA1,1189,14 281.346 (8) (b) 3. Water conservation and efficiency measures that the department of commerce safety and professional services requires or authorizes to be implemented under chs. 101 and 145.

AB40-ASA1, s. 2911c Section 2911c. 281.346 (12) (a) of the statutes is amended to read:

AB40-ASA1,1189,21 281.346 (12) (a) A person who has a water supply system with the capacity to make a withdrawal from the waters of the state averaging 100,000 gallons per day or more in any 30-day period shall pay to the department an annual fee of $125, except that the department may promulgate a rule specifying a different amount and except that, notwithstanding the department's rule-making authority, no person is required to pay more than $1,000 per year under this paragraph.

AB40-ASA1, s. 2912 Section 2912. 281.57 (7) (c) 1. of the statutes is amended to read:

AB40-ASA1,1190,4 281.57 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are limited in each fiscal year to receiving total grant awards not to exceed 33% of the sum of the amounts in the schedule for that fiscal year for the appropriation under s. 20.143 (3) 20.165 (2) (de) and the amount authorized under sub. (10) for that fiscal year plus the unencumbered balance at the end of the preceding fiscal year for the amount authorized under sub. (10). This subdivision is not applicable to grant awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.

AB40-ASA1, s. 2913 Section 2913. 281.58 (12) (a) 1. of the statutes is amended to read:

AB40-ASA1,1190,12 281.58 (12) (a) 1. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 1. and 2. is 55% 60 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2009-11 2011-13 biennium and 60% 75 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2009-11 2011-13 biennium or later.

AB40-ASA1, s. 2914 Section 2914. 281.58 (12) (a) 2. of the statutes is amended to read:

AB40-ASA1,1190,19 281.58 (12) (a) 2. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 5. is 65% 65 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2011-13 biennium and 75 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2011-13 biennium or later.

AB40-ASA1, s. 2915 Section 2915. 281.58 (12) (a) 3. of the statutes is amended to read:

AB40-ASA1,1191,2 281.58 (12) (a) 3. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 4. is 70% 70 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2011-13 biennium and 75 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2011-13 biennium or later.

AB40-ASA1, s. 2916 Section 2916. 281.58 (12) (f) of the statutes is amended to read:

AB40-ASA1,1191,6 281.58 (12) (f) The department and the department of administration jointly may request the joint committee on finance to take action under s. 13.101 (11) to modify the percentage of market interest rates rate established in par. (a) 1. to 3.

AB40-ASA1, s. 2917 Section 2917. 281.59 (3e) (b) 1. of the statutes is amended to read:

AB40-ASA1,1191,9 281.59 (3e) (b) 1. Equal to $134,900,000 $69,200,000 during the 2009-11 2011-13 biennium.

AB40-ASA1, s. 2918 Section 2918. 281.59 (3e) (b) 3. of the statutes is amended to read:

AB40-ASA1,1191,12 281.59 (3e) (b) 3. Equal to $1,000 for any biennium after the 2009-11 2011-13 biennium.

AB40-ASA1, s. 2919 Section 2919. 281.59 (3e) (d) of the statutes is amended to read:

AB40-ASA1,1191,19 281.59 (3e) (d) The department may expend, for financial assistance in a biennium other than financial hardship assistance under s. 281.58 (13) (e), an amount up to 85% 95 percent of the amount approved by the legislature under par. (b). The department may expend such amount only from the percentage of the amount approved under par. (b) that is not available under par. (e) for financial hardship assistance.

AB40-ASA1, s. 2920 Section 2920. 281.59 (3e) (e) of the statutes is amended to read:

AB40-ASA1,1192,2 281.59 (3e) (e) The department may expend, for financial hardship assistance, other than federal financial hardship assistance grants under s. 281.58 (13) (be), in a biennium under s. 281.58 (13) (e), an amount up to 15% 5 percent of the amount approved by the legislature under par. (b) for that biennium. The department may expend such amount only from the percentage of the amount approved by the legislature under par. (b) that is not available under par. (d) for financial assistance.

AB40-ASA1, s. 2921 Section 2921. 281.59 (3s) (b) 1. of the statutes is amended to read:

AB40-ASA1,1192,5 281.59 (3s) (b) 1. Equal to $17,600,000 $30,700,000 during the 2009-11 2011-13 biennium.

AB40-ASA1, s. 2922 Section 2922. 281.59 (3s) (b) 2. of the statutes is amended to read:

AB40-ASA1,1192,8 281.59 (3s) (b) 2. Equal to $1,000 for any biennium after the 2009-11 2011-13 biennium.

AB40-ASA1, s. 2923 Section 2923. 281.59 (4) (f) of the statutes is amended to read:

AB40-ASA1,1192,18 281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection, and all payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection, can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program shall not exceed $2,363,300,000 $2,716,300,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.

AB40-ASA1, s. 2924 Section 2924. 281.60 (6) of the statutes is amended to read:

AB40-ASA1,1193,3 281.60 (6) Priority list. The department shall establish a priority list that ranks each land recycling loan program project. The department shall promulgate rules for determining project rankings based on the potential of projects to reduce environmental pollution and threats to human health and, for sites and facilities that are not landfills, the extent to which projects will prevent the development of undeveloped land by making land available for redevelopment after a cleanup is conducted. Before the department establishes the priority list, the department shall consider the recommendations of the department of administration and the department of commerce Wisconsin Economic Development Corporation.

AB40-ASA1, s. 2925 Section 2925. 281.61 (8) (a) 2. of the statutes is amended to read:

AB40-ASA1,1193,7 281.61 (8) (a) 2. In any biennium, no local governmental unit may receive more than 25% of the amount established under s. 281.59 (3s) (b) funds that the department of administration projects will be available for that biennium.

AB40-ASA1, s. 2927b Section 2927b. 281.68 (2) (a) of the statutes is amended to read:

AB40-ASA1,1193,12 281.68 (2) (a) The department may provide a grant of 75% 67 percent of the cost of a lake management planning project up to a total of $10,000 $25,000 per grant. In each fiscal year, the total amount of moneys awarded as grants for lake management planning projects may not exceed $50,000 for any one lake.

AB40-ASA1, s. 2929 Section 2929. 281.75 (18) of the statutes is amended to read:

AB40-ASA1,1193,20 281.75 (18) Suspension or revocation of licenses. The department may suspend or revoke a license issued under ch. 280 if the department finds that the licensee falsified information submitted under this section. The department of commerce safety and professional services may suspend or revoke the license of a plumber licensed under ch. 145 if the department of commerce safety and professional services finds that the plumber falsified information submitted under this section.

AB40-ASA1, s. 2932 Section 2932. 283.15 (2) (a) of the statutes is renumbered 283.15 (2) (am) and amended to read:

AB40-ASA1,1194,2 283.15 (2) (am) 1. When Within 60 days after the department issues, reissues or modifies a permit to include a water quality based effluent limitation under s. 283.13 (5), the permittee may apply to the department for a variance from the water quality standard used to derive the limitation.

AB40-ASA1,1194,12 2. After an application for a variance is submitted to the department under subd. 1., and until the last day for seeking review of the secretary's final decision on the application or a later date fixed by order of the reviewing court, the water quality based effluent limitation under s. 283.13 (5) and the corresponding compliance schedule are not effective. All other provisions of the permit continue in effect except those for which a petition for review has been submitted under s. 283.63. For those provisions for which an application for variance has been submitted under this section, the corresponding or similar provisions of the prior permit continue in effect until the last day for seeking review of the department's final decision or a later date fixed by order of the reviewing court.

AB40-ASA1, s. 2933 Section 2933. 283.15 (2) (a) of the statutes is created to read:

AB40-ASA1,1194,19 283.15 (2) (a) If a permit contains a variance or if a permittee anticipates that a reissued permit will include a water quality based effluent limitation under s. 283.13 (5), when the permittee applies for reissuance of the permit the permittee may apply to the department for renewal of the variance or for a variance from the water quality standard that would be used to derive the water quality based effluent limitation.

AB40-ASA1, s. 2934 Section 2934. 283.15 (2) (b) 1. of the statutes is renumbered 283.15 (2) (b) and amended to read:

AB40-ASA1,1194,25 283.15 (2) (b) The department shall specify by rule the information to be included in the an application. The permittee shall submit an application for a variance within 60 days after the department issues, reissues or modifies the permit under this subsection.

AB40-ASA1, s. 2935 Section 2935. 283.15 (2) (b) 2. of the statutes is repealed.

AB40-ASA1, s. 2936 Section 2936. 283.15 (2) (b) 3. of the statutes is repealed.

AB40-ASA1, s. 2937 Section 2937. 283.15 (2) (c) of the statutes is amended to read:

AB40-ASA1,1195,8 283.15 (2) (c) The department may request additional information from the permittee within 30 days after receiving either the an application under par. (b) 1. or the information under par. (b) 2. (am) 1. The permittee shall provide the additional information within 30 days after receipt of the department's request. An application is not complete until the additional information is provided to the department.

AB40-ASA1, s. 2938 Section 2938. 283.15 (2) (e) of the statutes is repealed.

AB40-ASA1, s. 2939 Section 2939. 283.15 (3) of the statutes is renumbered 283.15 (3) (b) and amended to read:

AB40-ASA1,1195,20 283.15 (3) (b) The secretary shall issue a tentative decision on the an application for a variance under sub. (2) (am) 1. within 120 days after receipt of a completed application. The department shall circulate the tentative decision to the permittee and to the parties in s. 283.53 (2) (c). If the tentative decision is to grant a variance based upon one or more of the conditions specified in sub. (4) (a) 1. a. to e., the department shall include in the notice under this subsection paragraph a statement on the effect of the variance, if granted, on the designated use of the water body during the term of the underlying permit. The department shall provide a 30-day period for written comments on the tentative decision.

AB40-ASA1, s. 2940 Section 2940. 283.15 (3) (a) of the statutes is created to read:

AB40-ASA1,1195,24 283.15 (3) (a) The secretary shall issue a tentative decision on an application for a variance under sub. (2) (a) in the notice under s. 283.39 for the reissuance of the permit.

AB40-ASA1, s. 2941 Section 2941. 283.15 (4) (a) 1. (intro.) of the statutes is amended to read:

AB40-ASA1,1196,5 283.15 (4) (a) 1. (intro.) Within 90 days after expiration of the comment period under sub. (3), the The secretary shall approve all or part of a requested variance, or modify and approve a requested variance if the permittee demonstrates, by the greater weight of the credible evidence, that attaining the water quality standard is not feasible because:

AB40-ASA1, s. 2942 Section 2942. 283.15 (4) (a) 2. of the statutes is amended to read:

AB40-ASA1,1196,9 283.15 (4) (a) 2. Within 90 days after the expiration of the comment period under sub. (3), the The secretary shall deny a requested variance if the permittee fails to make the demonstration required under subd. 1.

AB40-ASA1, s. 2943 Section 2943. 283.15 (4) (a) 3. of the statutes is repealed.

AB40-ASA1, s. 2944 Section 2944. 283.15 (4) (b) of the statutes is repealed.

AB40-ASA1, s. 2945 Section 2945. 283.15 (4) (c) of the statutes is repealed.

AB40-ASA1, s. 2946 Section 2946. 283.15 (5) (b) of the statutes is amended to read:

AB40-ASA1,1196,23 283.15 (5) (b) A variance applies for the term established by the secretary, but not to exceed 3 5 years. The term of the initial variance and any renewals thereof may not exceed the time that the secretary determines is necessary to achieve the water quality based effluent limitation. Initial and interim effluent limitations established under par. (c) 1. apply, as appropriate, for the term of the underlying permit as issued, reissued or modified to implement the decision under sub. (4) (b) (a) 1. or as extended by operation of s. 227.51 (2). Notwithstanding sub. (4) (d), s. 227.51 (2) shall apply for the purposes of continuing the provisions of a permit pending the issuance or reissuance of a permit. Upon the issuance or reissuance of the new permit, sub. (2) (a) 2. and s. 283.63 (1) (am) apply.

AB40-ASA1, s. 2947 Section 2947. 283.15 (5) (c) (intro.) of the statutes is amended to read:

AB40-ASA1,1197,3 283.15 (5) (c) (intro.) The department shall require all of the following in a permit reissued or modified pursuant to sub. (4) (c) to implement a variance shall require:

AB40-ASA1, s. 2948 Section 2948. 283.15 (5) (c) 1. of the statutes is amended to read:

AB40-ASA1,1197,13 283.15 (5) (c) 1. Compliance with an initial effluent limitation which that at the time the variance is approved represents the level currently achievable by the permittee and that is no less stringent than the effluent limitation achieved under the permit before reissuance. At the time a variance is approved a compliance schedule and an interim effluent limitation that is achievable by the permittee during the term of the variance may be specified. The initial and the interim effluent limitations may not be less stringent than a categorical effluent limitation that applies to the permittee under s. 283.13 (2) or (4) or 283.19 or a toxic effluent standard that applies to the permittee under s. 283.21.

AB40-ASA1, s. 2949 Section 2949. 283.15 (5) (c) 2. (intro.) of the statutes is amended to read:

AB40-ASA1,1197,21 283.15 (5) (c) 2. (intro.) Investigation of treatment technologies, process changes, pollution prevention, wastewater reuse or other techniques that may result in compliance by the permittee with the water quality standard adopted under s. 281.15, and submission of reports on the investigations at such times as required by the department. The secretary shall modify or waive the requirements specified in this subdivision if the secretary determines, based upon comments received on the tentative decision under sub. (3), that the requirements of this subdivision are:

AB40-ASA1, s. 2950 Section 2950. 283.15 (6) of the statutes is amended to read:

AB40-ASA1,1198,2 283.15 (6) Renewal. A variance may be renewed using the procedures in and subject to subs. (2) to (5). A variance may not be renewed if the permittee did not submit the reports required under sub. (5) (c) 2. or substantially comply with all other conditions of the variance.

AB40-ASA1, s. 2951 Section 2951. 283.39 (3) (dm) of the statutes is created to read:

AB40-ASA1,1198,9 283.39 (3) (dm) If the applicant applied, under s. 283.15 (2) (a), for a variance, as defined in s. 283.15 (1), a tentative decision to approve or deny the variance, including, if the tentative decision is to grant the variance based upon one or more of the conditions specified in s. 283.15 (4) (a) 1. a. to e., a statement on the effect of the variance, if granted, on the designated use of the water body during the term of the permit;

AB40-ASA1, s. 2951k Section 2951k. 283.60 of the statutes is created to read:

AB40-ASA1,1198,15 283.60 Waiver for certain nutrient management research projects. (1) The department may waive the requirement for a permit under this chapter for a research project for the purpose of evaluating advanced agricultural nutrient management tools and precision agricultural technology, if all of the following conditions are met:

AB40-ASA1,1198,17 (a) The department determines that the project is unlikely to have a negative impact on, or to threaten, the environment or public health.

AB40-ASA1,1198,18 (b) The department reviews and approves the project before the project begins.

AB40-ASA1,1198,23 (c) The person who will operate the project agrees to take necessary actions to maintain compliance with surface water and groundwater requirements under ch. 281 and this chapter, other than the permitting requirement, and to take necessary actions to regain compliance with those requirements if a violation occurs in the course of the project.

AB40-ASA1,1199,4 (2) A person seeking a waiver under sub. (1) shall apply to the department in writing. The department shall approve or deny an application in writing no more than 45 days after receiving a complete application. The department may approve an application with conditions, including requirements for reporting project activities to the department and limitations on the duration of the project or the waiver for the project.

AB40-ASA1,1199,6 (3) A project for which the department grants a waiver under sub. (1) is an agricultural practice for the purposes of s. 823.08.