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2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO 2011 ASSEMBLY BILL 426
January 20, 2012 - Offered by Representative Williams.
AB426-AA2,1,11 At the locations indicated, amend the bill as follows:
AB426-AA2,1,3 21. Page 2, line 2: after "activities," insert "procedures for obtaining approvals
3from the Department of Natural Resources for the construction of utility facilities,".
AB426-AA2,1,4 42. Page 24, line 10: after that line insert:
AB426-AA2,1,5 5" Section 8b. 30.025 (1e) (title) and (a) of the statutes are repealed.
AB426-AA2, s. 8d 6Section 8d. 30.025 (1e) (b) of the statutes is renumbered 30.025 (4m) (b) and
7amended to read:
AB426-AA2,1,108 30.025 (4m) (b) This section subsection does not apply to a proposal to construct
9a utility facility if the only permit that the utility facility is required to obtain from
10the department is a storm water discharge permit under s. 283.33 (1) (a).
AB426-AA2, s. 8f 11Section 8f. 30.025 (1m) (intro.) of the statutes is amended to read:
AB426-AA2,2,612 30.025 (1m) Preapplication process. (intro.) Before filing an a combined
13application under this section for permits under sub. (1s) with the department in lieu

1of separate applications
, a person proposing to construct a utility facility shall notify
2the department of the intention to file an a combined application under sub. (1s).
3After receiving such notice, the department shall confer with the person, in
4cooperation with the commission, to make a preliminary assessment of the project's
5scope, to make an analysis of alternatives, to identify potential interested persons,
6and to ensure that the person making the proposal is aware of all of the following:
AB426-AA2, s. 8h 7Section 8h. 30.025 (1m) (c) of the statutes is amended to read:
AB426-AA2,2,118 30.025 (1m) (c) The timing of information submissions that the person will be
9required to provide in order to enable the department to participate in commission
10review procedures and to process the combined application for permits in a timely
11manner.
AB426-AA2, s. 8i 12Section 8i. 30.025 (1s) (a) of the statutes is amended to read:
AB426-AA2,2,2213 30.025 (1s) (a) Any person proposing to construct a utility facility to which this
14section applies shall
may, in lieu of separate application for permits, submit one
15combined application for permits together with any additional information required
16by the department. The combined application shall for permits may be filed with the
17department at the same time that an application for a certificate is filed with the
18commission under s. 196.49 or in a manner consistent with s. 196.491 (3) and shall
19include the detailed information that the department requires to determine whether
20an a combined application for permits is complete and to carry out its obligations
21under sub. (4). The department may require supplemental information to be
22furnished thereafter.
AB426-AA2, s. 8j 23Section 8j. 30.025 (2) of the statutes is amended to read:
AB426-AA2,3,824 30.025 (2) Hearing. Once the applicant meets the requirements of sub. (1s) (a),
25the department may schedule the matter for a public hearing. Notice of the hearing

1shall be given to the applicant and shall be published as a class 1 notice under ch.
2985. The department may give such further notice as it deems proper, and shall give
3notice to persons requesting same. One copy of the combined application for permits
4shall be available for public inspection at the office of the department, at least one
5copy in the regional office of the department, and at least one copy at the main public
6library, of the area affected. Notwithstanding s. 227.42, the hearing shall be an
7informational hearing and may not be treated as a contested case hearing nor
8converted to a contested case hearing.
AB426-AA2, s. 8L 9Section 8L. 30.025 (2g) (b) (intro.) of the statutes is amended to read:
AB426-AA2,3,1610 30.025 (2g) (b) (intro.) The department shall participate in commission
11investigations or proceedings under s. 196.49 or 196.491 (3) with regard to any
12proposed utility facility that is subject to this section for which a combined
13application for permits is filed under sub. (1s)
. In order to ensure that the
14commission's decision is consistent with the department's responsibilities, the
15department shall provide the commission with information that is relevant to only
16the following:
AB426-AA2, s. 8n 17Section 8n. 30.025 (4m) of the statutes is created to read:
AB426-AA2,3,2418 30.025 (4m) Procedure for a single permit application. (a) A person
19proposing to construct a utility facility for which not more than one permit is required
20may submit an application for that single permit with the department in the same
21manner as a combined application for permits may be submitted under sub. (1s). If
22the applicant elects to submit the application in the same manner as a combined
23application for permits, the procedures under this section that apply to a combined
24application for permits shall apply to that application for a single permit.".
AB426-AA2,4,1
13. Page 31, line 25: after that line insert:
AB426-AA2,4,2 2" Section 33r. 196.491 (3) (a) 3. b. of the statutes is amended to read:
AB426-AA2,4,163 196.491 (3) (a) 3. b. Within 20 days after After the department provides a listing
4specified in subd. 3. a. to a person, the person shall apply for the applicable permits
5and approvals identified in the listing. The department shall determine whether an
6application under this subd. 3. b. is complete and, no later than 30 days after the
7application is filed, notify the applicant about the determination. If the department
8determines that the application is incomplete, the notice shall state the reason for
9the determination. An applicant may supplement and refile an application that the
10department has determined to be incomplete. There is no limit on the number of
11times that an applicant may refile an application under this subd. 3. b. If the
12department fails to determine whether an application is complete within 30 days
13after the application is filed, the application shall be considered to be complete. The
14department shall complete action on an application under this subd. 3. b. for any
15permit or approval that is required prior to construction of a facility within 120 days
16after the date on which the application is determined or considered to be complete.".
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