Amendment ASA1-AB40

AB40-ASA1,1118,23 (b) Paragraph (a) applies to approvals issued by the department and to applications for approvals submitted to the department before, on, or after the effective date of this paragraph .... [LRB inserts date], including those that are the subject of a pending administrative or judicial review proceeding on the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1,2092j Section 2092j. 281.36 (1) (br) of the statutes is created to read:

AB40-ASA1,1119,2 281.36 (1) (br) "Nonfederal wetland" means a wetland that is not subject to federal jurisdiction under 33 USC 1344.

AB40-ASA1,2092m Section 2092m. 281.36 (3r) (a) 4. of the statutes is created to read:

AB40-ASA1,1119,4 281.36 (3r) (a) 4. Participating in the escrow subprogram under sub. (3s).

AB40-ASA1,2092p Section 2092p. 281.36 (3r) (e) of the statutes is amended to read:

AB40-ASA1,1119,17 281.36 (3r) (e) As part of the mitigation program established under par. (a), the department may establish an in lieu fee subprogram, in consultation with the army corps of engineers, under which payments are made to the department or another entity for the purposes of restoring, enhancing, creating, or preserving wetlands or other water resource features. The subprogram must be approved by the U.S. army corps of engineers. The department shall establish requirements for calculating the in lieu fee payments. Under the in lieu fee subprogram, the wetlands that benefit from the program subprogram shall be open to the public for hunting, fishing, trapping, cross-country skiing, or hiking or any combination thereof, but the department may establish reasonable restrictions on the use of the land by the public in order to protect public safety or to protect a unique plant or animal community. The subprogram shall be consistent with federal regulations.

AB40-ASA1,2092u Section 2092u. 281.36 (3s) of the statutes is created to read:

AB40-ASA1,1119,25 281.36 (3s) Mitigation; escrow subprogram. (a) As part of the mitigation program established under sub. (3r) (a), the department shall establish an escrow subprogram. Under the subprogram, an applicant who is eligible for a wetland individual permit that will affect a nonfederal wetland may establish an escrow account or similar account into which the applicant deposits funds that are limited to being used to purchase credits from a mitigation bank located in this state. The applicant shall establish the account before the wetland individual permit is issued.

AB40-ASA1,1120,2 (b) An account may be established under the escrow subprogram only if all of the following apply:

AB40-ASA1,1120,5 1. There are fewer than 10 mitigation credits available from a federally approved wetland mitigation bank that is located in the state on the date a decision to issue a wetland individual permit is rendered under sub. (3m) (i).

AB40-ASA1,1120,8 2. A statewide in lieu fee subprogram approved by the U.S. army corps of engineers is not in effect on the date a decision to issue a wetland individual permit to rendered under sub. (3m) (i).

AB40-ASA1,1120,10 (c) To qualify as an account under the escrow subprogram, all of the following shall apply:

AB40-ASA1,1120,11 1. The department must be a party to the account.

AB40-ASA1,1120,13 2. A permit holder may not be authorized to withdraw funds under the terms of the account except as provided in par. (f).

AB40-ASA1,1120,16 3. The department must be authorized under the terms of the account to withdraw funds from the account for purchase of mitigation credits under par. (g) and to withdraw funds and close the account under par. (h).

AB40-ASA1,1120,24 (d) The department shall establish requirements for calculating the amounts that must be placed in the accounts established under the escrow subprogram for mitigation payments and for any other fees that are necessary to cover the costs of banks or other agents in managing these accounts. For each account to be established, the department shall determine the number of mitigation credits to be purchased and shall estimate the cost of each credit to be purchased. The estimated cost shall be based on the market price, as determined by the department, for the purchase of an equivalent credit from a mitigation bank located in this state.

AB40-ASA1,1121,2 (e) No person may withdraw funds that are deposited in an account established under the escrow subprogram unless par. (f), (g), or (h) applies.

AB40-ASA1,1121,6 (f) A permit holder shall withdraw funds from an account to purchase mitigation credits if the department notifies the permit holder that mitigation credits are available from a mitigation bank that is located in this state. The permit holder shall purchase the mitigation credits within 30 days after the notification.

AB40-ASA1,1121,9 (g) If a permit holder fails to purchase the mitigation credits within the 30-day period specified under par. (f), the department may withdraw funds from the account to purchase the credits.

AB40-ASA1,1121,14 (h) Upon approval of the statewide in lieu fee subprogram under sub. (3r) (e) by the U.S. army corps of engineers, the department shall discontinue the escrow subprogram by withdrawing all of the funds from all of the accounts established under the escrow subprogram, closing the accounts, and transferring all of the withdrawn funds to the in lieu fee subprogram under sub. (3r) (e).

AB40-ASA1,2093 Section 2093. 281.59 (3e) (b) 1. of the statutes is amended to read:

AB40-ASA1,1121,17 281.59 (3e) (b) 1. Equal to $69,200,000 $61,900,000 during the 2011-13 2013-15 biennium.

AB40-ASA1,2094 Section 2094. 281.59 (3e) (b) 3. of the statutes is amended to read:

AB40-ASA1,1121,20 281.59 (3e) (b) 3. Equal to $1,000 for any biennium after the 2011-13 2013-15 biennium.

AB40-ASA1,2094m Section 2094m. 281.59 (3m) (b) 1. of the statutes is amended to read:

AB40-ASA1,1121,23 281.59 (3m) (b) 1. Equal to $2,700,000 $300,000 during the 2009-11 2013-15 biennium.

AB40-ASA1,2094n Section 2094n. 281.59 (3m) (b) 2. of the statutes is amended to read:

AB40-ASA1,1122,2 281.59 (3m) (b) 2. Equal to $1,000 for any biennium after the 2009-11 2013-15 biennium.

AB40-ASA1,2095 Section 2095. 281.59 (3s) (b) 1. of the statutes is amended to read:

AB40-ASA1,1122,5 281.59 (3s) (b) 1. Equal to $30,700,000 $26,900,000 during the 2011-13 2013-15 biennium.

AB40-ASA1,2096 Section 2096. 281.59 (3s) (b) 2. of the statutes is amended to read:

AB40-ASA1,1122,8 281.59 (3s) (b) 2. Equal to $1,000 for any biennium after the 2011-13 2013-15 biennium.

AB40-ASA1,2096c Section 2096c. 281.59 (4) (f) of the statutes is amended to read:

AB40-ASA1,1122,18 281.59 (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 $2,716,300,000 $2,708,900,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.

AB40-ASA1,2097 Section 2097. 283.33 (1) (a) of the statutes is amended to read:

AB40-ASA1,1122,22 283.33 (1) (a) A discharge from a discernible, confined , and discrete conveyance of storm water associated with an industrial activity, including construction, that meets criteria in rules promulgated by the department.

AB40-ASA1,2098 Section 2098. 283.33 (1) (am) of the statutes is created to read:

AB40-ASA1,1123,2 283.33 (1) (am) A discharge from a discernible, confined, and discrete conveyance of storm water associated with a construction site, including a construction site for a building, that meets criteria in rules promulgated by the department.

AB40-ASA1,2100 Section 2100. 283.33 (4) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,1123,8 283.33 (4) (a) (intro.) In addition to obtaining a permit under this section, the owner or operator of an industrial activity described in sub. (1) (a) or (am) that discharges storm water through a municipal separate storm sewer system described in sub. (1) (b) to (cr) shall submit the following information to the owner or operator of the municipal separate storm sewer system:

AB40-ASA1,2101 Section 2101. 283.33 (5) of the statutes is amended to read:

AB40-ASA1,1123,12 283.33 (5) Other dischargers. A person who is required to obtain a permit under sub. (1) (a), (am), or (d) may apply for an individual permit or request coverage under a general permit issued by the department under s. 283.35.

AB40-ASA1,2102 Section 2102. 283.33 (7) of the statutes is amended to read:

AB40-ASA1,1123,18 283.33 (7) Petitions. The owner or operator of a municipal separate storm sewer system may petition the department to require a permit under this section for any discharge through the municipal separate storm sewer system. The department may approve the petition only if a permit for the discharge is required under sub. (1) (a), (am), or (d).

AB40-ASA1,2103 Section 2103. 283.35 (1m) (c) of the statutes is amended to read:

AB40-ASA1,1123,21 283.35 (1m) (c) Paragraph (b) does not apply after June 30, 2013 December 31, 2015.

AB40-ASA1,2104 Section 2104. 283.35 (1m) (d) of the statutes is repealed.

AB40-ASA1,2104i Section 2104i. 285.11 (19) of the statutes is created to read:

AB40-ASA1,1124,2 285.11 (19) Annually, contact the owners or operators of stationary sources that have operation permits under s. 285.60 and that are not required to have operation permits under the federal clean air act to inform the owners and operators of the benefits of obtaining a registration permit or an exemption under s. 285.60.

AB40-ASA1,2104jc Section 2104jc. 285.17 (title) of the statutes is amended to read:

AB40-ASA1,1124,5 285.17 (title) Classification, reporting and, monitoring, and record keeping.

AB40-ASA1,2104je Section 2104je. 285.17 (4) of the statutes is created to read:

AB40-ASA1,1124,13 285.17 (4) The department shall evaluate the reporting, monitoring, and record-keeping requirements it imposes, as of the effective date of this subsection .... [LRB inserts date], on owners and operators of stationary sources that are required to have operation permits under s. 285.60 but that are not required to have operation permits under the federal clean air act. The department shall promulgate rules that simplify, reduce, and make more efficient those requirements, consistent with any applicable requirements under the federal clean air act.

AB40-ASA1,2104k Section 2104k. 285.31 (6) of the statutes is created to read:

AB40-ASA1,1124,22 285.31 (6) Vapor recovery system removal grants. (a) The department shall administer a program to provide grants to owners and operators of retail stations for eligible costs incurred after April 15, 2012, to remove vapor control systems described in sub. (3) (a). The maximum grant under this subsection is 50 percent of eligible costs of removing a vapor control system from a retail station or $8,000, whichever is less. The department shall award grants under this subsection in the order in which applications are received and may not award a grant after June 30, 2015.

AB40-ASA1,1124,25 (b) The department shall promulgate rules for the administration of the program under this subsection, including rules specifying which costs are eligible costs.

AB40-ASA1,2104n Section 2104n. 285.60 (2g) (am) of the statutes is created to read:

AB40-ASA1,1125,5 285.60 (2g) (am) Registration permit for certain sources. Subject to sub. (8), the department shall issue a registration permit authorizing the construction or operation or both for any stationary source with actual emissions that do not exceed 50 percent of any applicable major source threshold under s. 285.11 (16).

AB40-ASA1,2104q Section 2104q. 285.60 (6) (title) of the statutes is amended to read:

AB40-ASA1,1125,7 285.60 (6) (title) Exemption by rule.

AB40-ASA1,2104r Section 2104r. 285.60 (6) (c) of the statutes is created to read:

AB40-ASA1,1125,10 285.60 (6) (c) 1. Subject to sub. (8), the department shall exempt natural minor sources from the requirement to obtain an operation permit.

AB40-ASA1,1125,12 2. The department may define "natural minor source" by rule for the purposes of this paragraph.

AB40-ASA1,1125,15 3. The department shall seek approval from the federal environmental protection agency of any changes to the state implementation plan under the federal clean air act that are necessary to implement subd. 1.

AB40-ASA1,2104w Section 2104w. 285.69 (2) (title) of the statutes is amended to read:

AB40-ASA1,1125,18 285.69 (2) (title) Fees Emission fees for persons required to have federal operation permits.

AB40-ASA1,2105 Section 2105. 285.69 (2) (a) 1. of the statutes is repealed.

AB40-ASA1,2106 Section 2106. 285.69 (2) (a) 2. of the statutes is repealed.

AB40-ASA1,2107 Section 2107. 285.69 (2) (a) 3. of the statutes is repealed.

AB40-ASA1,2108 Section 2108. 285.69 (2) (a) 4. of the statutes is repealed.

AB40-ASA1,2109 Section 2109. 285.69 (2) (a) 5. of the statutes is amended to read:

AB40-ASA1,1126,3 285.69 (2) (a) 5. That fees are not based on emissions by an air contaminant source in excess of 5,000 tons per year of each regulated pollutant , except that, subject to par. (b), this limitation does not apply to a major utility, as defined in s. 285.41 (1) (f), that owns or operates a phase I affected unit as listed in Table A of 42 USC 7651c.

AB40-ASA1,2110 Section 2110. 285.69 (2) (a) 6. of the statutes is repealed.

AB40-ASA1,2111 Section 2111. 285.69 (2) (a) 7. of the statutes is repealed.

AB40-ASA1,2112 Section 2112. 285.69 (2) (a) 9. of the statutes is repealed.

AB40-ASA1,2113 Section 2113. 285.69 (2) (a) 10. of the statutes is repealed.

AB40-ASA1,2114 Section 2114. 285.69 (2) (a) 11. of the statutes is repealed.

AB40-ASA1,2115 Section 2115. 285.69 (2) (a) 12. of the statutes is created to read:

AB40-ASA1,1126,11 285.69 (2) (a) 12. That the fee billed in 2013 and each year thereafter equals $35.71 per ton of emissions specified under subd. 8.

AB40-ASA1,2119 Section 2119. 285.69 (2) (b) of the statutes is repealed.

AB40-ASA1,2120 Section 2120. 285.69 (2) (e) of the statutes is amended to read:

AB40-ASA1,1126,17 285.69 (2) (e) Beginning in 2001 and ending in 2012, the owner or operator of a stationary source for which an operation permit is required shall pay to the department an annual fee of 86 cents per ton of actual emissions in the preceding year of all air contaminants on which the fee under par. (a) is based.

AB40-ASA1,2120m Section 2120m. 285.69 (2e) of the statutes is created to read:

AB40-ASA1,1126,20 285.69 (2e) Facility fees for persons required to have federal operation permits. (a) In this subsection:

AB40-ASA1,1126,22 1. "Electric generating source" means a stationary source the primary purpose of which is to generate electricity.

AB40-ASA1,1127,2 2. "Federal construction permit source" means a stationary source that was subject to a major source construction permit requirement necessary to implement the requirements of 42 USC 7470 to 7492 or 42 USC 7501 to 7515 for any portion of the preceding year.

AB40-ASA1,1127,6 3. "Maximum achievable control technology source" means a stationary source that was subject to regulation under 42 USC 7412 for any portion of the preceding year, except for a stationary source that was subject solely to regulation under 42 USC 7412 (d) (5) or (r).

AB40-ASA1,1127,9 4. "New source performance standards source" means a stationary source that was subject to regulation under 42 USC 7411 or 7429 (a) for any portion of the preceding year.