SE1 SB24: Bill Text

SB24,32,24 (2m) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for an approval if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (2) for the approval.

SB24,33,7 (b) Subject to sub. (4), if the department fails to provide the applicant for an approval with written notice that the department has approved or disapproved the application before the expiration of the period established under sub. (2) for the approval, the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under sub. (2).

SB24,33,10 (c) The department may not disapprove an application for an approval solely because the department is unable to complete its review of the application within the period established under sub. (2).

SB24,33,13 (3) Notice of deadline. Upon receiving an application for an approval, the department shall inform the applicant of the period established under sub. (2) for the license or other approval.

SB24,33,16 (4) Permitted extension of deadline. The department may extend the period established under sub. (2) because an application is incomplete if all of the following apply:

SB24,33,19 (a) Within 14 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

SB24,33,21 (b) The information under par. (a) is directly related to eligibility for the license or other approval or to terms or conditions of the license or other approval.

SB24,33,24 (c) The information under par. (a) is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the license or other approval.

SB24,34,3 (d) The extension is not longer than the period equal to the number of days from the day on which the department provides the notice under par. (a) to the day on which the department receives the information.

SB24, s. 93 Section 93. 299.06 of the statutes is created to read:

SB24,34,6 299.06 Automatic approval of certain applications. (1) Definition. In this section, "approval" means a permit, license, or approval specified in sub. (1m).

SB24,34,9 (1m) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

SB24,34,10 (a) A high-capacity well approval under s. 281.34 (2).

SB24,34,11 (b) A prospecting permit under s. 293.45.

SB24,34,12 (c) An oil or gas production license under s. 295.33 (2).

SB24,34,25 (2) Failure to meet deadline. (a) Subject to subs. (4) (b) and (5), failure by the department to provide the applicant for an approval with written notice that the department has approved or disapproved the application for the approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1m) for the approval constitutes approval of the application. An approval approved under this paragraph is subject to any terms or conditions specified by statute or rule for the approval and the department may suspend, limit, revoke, or withdraw the approval for substantial failure to comply with those terms or conditions. The department may not make the approval subject to any term or condition that is not specified by statute or rule. Within 30 days after the expiration of the period established under sub. (1m) for the approval, the department shall provide the applicant with a statement showing that the approval is approved and specifying any terms and conditions that apply to that approval.

SB24,35,3 (b) The department may not disapprove an application for an approval solely because the department is unable to complete its review of the application within the period established under sub. (1m).

SB24,35,6 (3) Notice of deadline. Upon receiving an application for an approval the department shall inform the applicant of the period established under sub. (1m) for the approval.

SB24,35,8 (4) Optional provisions of rules. The department may include any of the following in the rules required under sub. (1m):

SB24,35,11 (a) A longer period under sub. (1m) for an application for an approval for which an environmental impact statement is required under s. 1.11 than for other applications.

SB24,35,15 (b) Extensions of the period established under sub. (1m) because the applicant makes a material modification to the application if the department notifies the applicant in writing of the extension within 30 days after the applicant makes the modification.

SB24,35,17 (c) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

SB24,35,21 (5) Extensions authorized. (a) During the period established under sub. (1m), the department and the applicant may jointly agree to a different period for acting on an application for an approval. The department may not require an applicant to agree to a different period as a condition of approving an application.

SB24,35,23 (b) The department may extend a period established under sub. (1m) (a) to (c) because an application is incomplete if all of the following apply:

SB24,36,3 1. Within 14 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

SB24,36,5 2. The information under subd. 1. is directly related to eligibility for the approval or to terms or conditions of the approval.

SB24,36,7 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the approval.

SB24,36,10 4. The extension is not longer than the period equal to the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

SB24,36,18 (c) The department may extend a period established under sub. (1m) (a) to (c) for an application by not more than 30 days if, within the period established under sub. (1m) (a) to (c), the department finds that there is a substantial likelihood that the activity proposed to be conducted under the application would result in substantial harm to human health or human safety and that the department cannot adequately review the application within the period established under sub. (1m) (a) to (c) and, upon making those findings, provides written notice to the applicant that states with particularity the facts on which those findings are based.

SB24, s. 94 Section 94. 299.17 of the statutes is created to read:

SB24,36,24 299.17 Web site information. To the greatest extent possible, the department shall publish on the department's Internet Web site the current status of any application filed with the department for a permit, license, or other approval under chs. 281 to 285 or 289 to 299. The information shall include notice of any hearing scheduled by the department with regard to the application.

SB24, s. 95 Section 95. Initial applicability.

SB24,37,5 (1) The treatment of section 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. 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.

SB24,37,7 (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.

SB24, s. 96 Section 96. Effective date.

SB24,37,10 (1) This act takes effect on first day of the 4th month beginning after publication.

SB24,37,11 (End)