Amendment SSA1-SB27

SB27-SSA1,1216,13 101.1206 (1) The department shall establish statewide standards for erosion control at building sites for the construction of public buildings, as defined in s. 101.01 (12), and buildings that are places of employment, as defined in s. 101.02 101.01 (11).

SB27-SSA1, s. 1812 Section 1812. 281.33 (3m) (b) of the statutes is renumbered 101.1206 (2) and amended to read:

SB27-SSA1,1216,20 101.1206 (2) The department shall require the submission of plans for erosion control at construction sites described in par. (a) sub. (1) to the department or to a county, city, village, or town to which the department has delegated authority under par. (d) sub. (4) and shall require approval of those plans by the department or the county, city, village, or town.

SB27-SSA1, s. 1813 Section 1813. 281.33 (3m) (c) of the statutes is renumbered 101.1206 (3) and amended to read:

SB27-SSA1,1217,2 101.1206 (3) The department shall require inspection of erosion control activities and structures at construction sites described in par. (a) sub. (1) by the department or a county, city, village, or town to which the department has delegated authority under par. (d) sub. (4).

SB27-SSA1, s. 1814 Section 1814. 281.33 (3m) (d) of the statutes is renumbered 101.1206 (4).

SB27-SSA1, s. 1815 Section 1815. 281.33 (3m) (e) of the statutes is renumbered 101.1206 (5) and amended to read:

SB27-SSA1,1217,9 101.1206 (5) Except as provided in par. (f) sub. (5m), the authority of a county, city, village, or town with respect to erosion control at sites described in par. (a) sub. (1) is limited to that authority delegated under par. (d) sub. (4) and any other authority provided in rules promulgated under this subsection section.

SB27-SSA1, s. 1816 Section 1816. 281.33 (3m) (f) of the statutes is renumbered 101.1206 (5m) and amended to read:

SB27-SSA1,1217,17 101.1206 (5m) Notwithstanding pars. (a) subs. (1) and (e) (5), a county, city, village, or town that has in effect on January 1, 1994, an ordinance that establishes standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment may continue to administer and enforce that ordinance if the standards in the ordinance are more stringent than the standards established under par. (a) sub. (1).

SB27-SSA1, s. 1817 Section 1817. 281.33 (3m) (g) of the statutes is renumbered 101.1206 (6) and amended to read:

SB27-SSA1,1217,25 101.1206 (6) The department, or a county, city, village, or town to which the department delegates the authority to act under this paragraph subsection, may issue a special order directing the immediate cessation of work on a construction site described in par. (a) sub. (1) until any required plan approval is obtained or until the site complies with standards established by rules promulgated under this subsection section.

SB27-SSA1, s. 1818 Section 1818. 281.33 (3m) (h) of the statutes is renumbered 101.1206 (7).

SB27-SSA1, s. 1819 Section 1819. 281.344 (8) (a) of the statutes is amended to read:

SB27-SSA1,1218,10 281.344 (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.

SB27-SSA1, s. 1820 Section 1820. 281.344 (8) (b) (intro.) of the statutes is amended to read:

SB27-SSA1,1218,15 281.344 (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:

SB27-SSA1, s. 1821 Section 1821. 281.344 (8) (b) 3. of the statutes is amended to read:

SB27-SSA1,1218,19 281.344 (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.

SB27-SSA1, s. 1822 Section 1822. 281.346 (8) (a) of the statutes is amended to read:

SB27-SSA1,1219,5 281.346 (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.

SB27-SSA1, s. 1823 Section 1823. 281.346 (8) (b) (intro.) of the statutes is amended to read:

SB27-SSA1,1219,10 281.346 (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:

SB27-SSA1, s. 1824 Section 1824. 281.346 (8) (b) 3. of the statutes is amended to read:

SB27-SSA1,1219,14 281.346 (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.

SB27-SSA1, s. 2911c Section 2911c. 281.346 (12) (a) of the statutes is amended to read:

SB27-SSA1,1219,21 281.346 (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.

SB27-SSA1, s. 1825 Section 1825. 281.57 (7) (c) 1. of the statutes is amended to read:

SB27-SSA1,1220,4 281.57 (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.

SB27-SSA1, s. 1826 Section 1826. 281.58 (12) (a) 1. of the statutes is amended to read:

SB27-SSA1,1220,12 281.58 (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.

SB27-SSA1, s. 1827 Section 1827. 281.58 (12) (a) 2. of the statutes is amended to read:

SB27-SSA1,1220,19 281.58 (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.

SB27-SSA1, s. 1828 Section 1828. 281.58 (12) (a) 3. of the statutes is amended to read:

SB27-SSA1,1221,2 281.58 (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.

SB27-SSA1, s. 1829 Section 1829. 281.58 (12) (f) of the statutes is amended to read:

SB27-SSA1,1221,6 281.58 (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.

SB27-SSA1, s. 1830 Section 1830. 281.59 (3e) (b) 1. of the statutes is amended to read:

SB27-SSA1,1221,9 281.59 (3e) (b) 1. Equal to $134,900,000 $69,200,000 during the 2009-11 2011-13 biennium.

SB27-SSA1, s. 1831 Section 1831. 281.59 (3e) (b) 3. of the statutes is amended to read:

SB27-SSA1,1221,12 281.59 (3e) (b) 3. Equal to $1,000 for any biennium after the 2009-11 2011-13 biennium.

SB27-SSA1, s. 1832 Section 1832. 281.59 (3e) (d) of the statutes is amended to read:

SB27-SSA1,1221,19 281.59 (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.

SB27-SSA1, s. 1833 Section 1833. 281.59 (3e) (e) of the statutes is amended to read:

SB27-SSA1,1222,2 281.59 (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.

SB27-SSA1, s. 1834 Section 1834. 281.59 (3s) (b) 1. of the statutes is amended to read:

SB27-SSA1,1222,5 281.59 (3s) (b) 1. Equal to $17,600,000 $30,700,000 during the 2009-11 2011-13 biennium.

SB27-SSA1, s. 1835 Section 1835. 281.59 (3s) (b) 2. of the statutes is amended to read:

SB27-SSA1,1222,8 281.59 (3s) (b) 2. Equal to $1,000 for any biennium after the 2009-11 2011-13 biennium.

SB27-SSA1, s. 1836 Section 1836. 281.59 (4) (f) of the statutes is amended to read:

SB27-SSA1,1222,18 281.59 (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.

SB27-SSA1, s. 1837 Section 1837. 281.60 (6) of the statutes is amended to read:

SB27-SSA1,1223,3 281.60 (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.

SB27-SSA1, s. 1838 Section 1838. 281.61 (8) (a) 2. of the statutes is amended to read:

SB27-SSA1,1223,7 281.61 (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.

SB27-SSA1, s. 2927b Section 2927b. 281.68 (2) (a) of the statutes is amended to read:

SB27-SSA1,1223,12 281.68 (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.

SB27-SSA1, s. 1839 Section 1839. 281.75 (18) of the statutes is amended to read:

SB27-SSA1,1223,20 281.75 (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.

SB27-SSA1, s. 1840 Section 1840. 283.15 (2) (a) of the statutes is renumbered 283.15 (2) (am) and amended to read:

SB27-SSA1,1224,2 283.15 (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.

SB27-SSA1,1224,12 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.

SB27-SSA1, s. 1841 Section 1841. 283.15 (2) (a) of the statutes is created to read:

SB27-SSA1,1224,19 283.15 (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.

SB27-SSA1, s. 1842 Section 1842. 283.15 (2) (b) 1. of the statutes is renumbered 283.15 (2) (b) and amended to read:

SB27-SSA1,1224,25 283.15 (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.

SB27-SSA1, s. 1843 Section 1843. 283.15 (2) (b) 2. of the statutes is repealed.

SB27-SSA1, s. 1844 Section 1844. 283.15 (2) (b) 3. of the statutes is repealed.

SB27-SSA1, s. 1845 Section 1845. 283.15 (2) (c) of the statutes is amended to read:

SB27-SSA1,1225,8 283.15 (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.

SB27-SSA1, s. 1846 Section 1846. 283.15 (2) (e) of the statutes is repealed.

SB27-SSA1, s. 1847 Section 1847. 283.15 (3) of the statutes is renumbered 283.15 (3) (b) and amended to read:

SB27-SSA1,1225,20 283.15 (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.

SB27-SSA1, s. 1848 Section 1848. 283.15 (3) (a) of the statutes is created to read:

SB27-SSA1,1225,24 283.15 (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.

SB27-SSA1, s. 1849 Section 1849. 283.15 (4) (a) 1. (intro.) of the statutes is amended to read:

SB27-SSA1,1226,5 283.15 (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:

SB27-SSA1, s. 1850 Section 1850. 283.15 (4) (a) 2. of the statutes is amended to read:

SB27-SSA1,1226,9 283.15 (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.

SB27-SSA1, s. 1851 Section 1851. 283.15 (4) (a) 3. of the statutes is repealed.

SB27-SSA1, s. 1852 Section 1852. 283.15 (4) (b) of the statutes is repealed.

SB27-SSA1, s. 1853 Section 1853. 283.15 (4) (c) of the statutes is repealed.

SB27-SSA1, s. 1854 Section 1854. 283.15 (5) (b) of the statutes is amended to read:

SB27-SSA1,1226,23 283.15 (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.

SB27-SSA1, s. 1855 Section 1855. 283.15 (5) (c) (intro.) of the statutes is amended to read:

SB27-SSA1,1227,3 283.15 (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:

SB27-SSA1, s. 1856 Section 1856. 283.15 (5) (c) 1. of the statutes is amended to read:

SB27-SSA1,1227,13 283.15 (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.

SB27-SSA1, s. 1857 Section 1857. 283.15 (5) (c) 2. (intro.) of the statutes is amended to read: