SB111: Bill Text

LRB-1830/2

RNK&RCT:kjf:md

2011 - 2012 LEGISLATURE

2011 Senate BILL 111

May 26, 2011 - Introduced by Joint Committee For Review of Administrative Rules. Referred to Committee on Natural Resources and Environment.

SB111,1,3 An Act to create 285.60 (11) of the statutes; relating to: the regulation of indirect sources of air pollution and the suspension of a rule promulgated by the Department of Natural Resources.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Natural Resources (DNR) issues permits for certain stationary sources of air pollution. The current definition of "stationary source" includes facilities that indirectly emit air pollution. DNR has promulgated rules that require permits for certain indirect sources of air pollution, including certain parking lots and highways. Some of the requirements that apply to other stationary sources do not apply to indirect sources.

This bill prohibits DNR from requiring air pollution control permits for indirect sources.

This bill is introduced as required by s. 227.26 (2) (f), stats., in support of the action of the Joint Committee for Review of Administrative Rules in suspending ch. NR 411, Wis. Adm. Code, a rule of DNR on April 27, 2011. The suspended rule required air pollution control permits for indirect sources.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB111, s. 1 Section 1. 285.60 (11) of the statutes is created to read:

SB111,2,5 285.60 (11) Indirect sources. (a) In this subsection, "indirect source" means a stationary source that attracts or may attract mobile source activity or on which mobile source activity is conducted, resulting in the indirect emissions of any air contaminant at or on the indirect source itself.

SB111,2,7 (b) The department may not require a permit under this subchapter for an indirect source.

SB111, s. 2 Section 2. Nonstatutory provisions.

SB111,2,11 (1) The legislative reference bureau shall publish a notice in the Wisconsin Administrative Register stating that chapter NR 411, Wisconsin Administrative Code is repealed by this act as provided under section 227.26 (2) (i) of the statutes.

SB111,2,12 (End)