2009 Wisconsin Act 28

2. `Prepaid wireless.' a. A communications provider that offers prepaid wireless service, or a seller that offers prepaid wireless service on behalf of a communications provider, shall impose a surcharge equal to one-half of the surcharge required under subd. 1., as adjusted under subd. 3., on subscribers with respect to each retail transaction for prepaid wireless service that occurs in this state. The communications provider or seller may state the amount of the surcharge separately on an invoice, receipt, or similar document provided to a subscriber, or may otherwise disclose the surcharge to the subscriber. The surcharge is the liability of the subscriber, and not of the communications provider or seller, except that a communications provider or seller is liable to remit all surcharges that the communications provider or seller collects from subscribers, including all such surcharges that the communications provider or seller is considered to collect where the amount of the surcharge is not separately stated on an invoice, receipt, or other similar document provided to the subscriber by the communications provider or seller.

b. The commission shall promulgate rules exempting from the surcharge required under subd. 2. a. a transaction that is not considered to be a sale at retail under subch. III of ch. 77.

c. For purposes of subd. 2. a., a retail transaction effected in person by a subscriber at a business location of the communications provider occurs in this state if the business location is in this state and any other retail transaction occurs in this state if the location of the retail transaction is in this state as determined under s. 77.522.

d. Except for the surcharge authorized under this subdivision, no local government or state agency, as defined in s. 560.9810 (1), may impose a fee with respect to prepaid wireless on any communications provider, seller, or consumer, for the purpose of funding wireless emergency telephone service.

e. The commission shall promulgate rules establishing requirements and procedures for auditing sellers to determine compliance with this subdivision, including requirements and procedures for appealing determinations of the commission. To the extent practicable, the rules shall incorporate the audit and appeal provisions under ss. 77.59 and 77.61.

3. `Adjustments.' a. Annually, the commission shall adjust the amount of the surcharge required under subd. 1. to reflect any change in the U.S. consumer price index for the midwest region as determined by the U.S. department of labor during the period beginning on August 31 of the year that is 2 years before the commission's adjustment and ending on August 31 of the year before the commission's adjustment.

b. The commission shall annually monitor the revenues, including interest, generated by the surcharges remitted under subd. 4. a. If the commission determines that the surcharges generate revenue in excess of the amount required for grants under par. (d), the commission shall reduce the amount of the surcharge required under subd. 1., but only if the reduction ensures full cost recovery for grant recipients over a reasonable period. If the commission determines that the surcharges remitted under subd. 4. a. generate revenue that is less than the amount required for grants under par. (d), the commission shall increase the surcharge required under subd. 1. by an amount that ensures full cost recovery for grant recipients over a reasonable period, except that, in a year, the commission may not increase the surcharge by an amount greater than an increase allowed for that year under subd. 3. a.

c. No later than October 1 of each year the commission shall notify communications providers and sellers who offer prepaid wireless on behalf of communications providers of any adjustment to the surcharge required under subd. 1., and the adjustment shall be effective on January 1 of the following year.

4. `Collection and remittance.' a. A communications provider or seller that offers prepaid wireless on behalf of a communication provider shall remit surcharges to the commission no later than the end of the month following the month that the provider or seller collects the surcharges from subscribers, except that a communications provider may deduct and retain from the remittance an administrative allowance equal to $50, or 1 percent of the surcharges collected from subscribers, whichever is greater. The commission may require that communications providers and sellers report the amount of uncollected surcharges on an annual basis, or less frequently as determined by the commission. The commission may require that a communications provider or seller provide the commission with the name, address, and telephone number of a subscriber who refuses to pay a surcharge. The commission shall deposit all remittances under this subd. 4. a. into the 911 fund.

b. A communications provider or seller has no obligation to take any legal action to enforce the collection of the surcharge billed to a subscriber. The commission may initiate a collection action against a subscriber for an unpaid surcharge, and recover reasonable costs and, notwithstanding s. 814.04 (1), attorney fees associated with the action.

(b) Grant applications; communications providers. A communications provider may apply to the commission for grants for reimbursement of actual, commercially reasonable costs incurred in complying with the requirements for enhanced 911 service, including the costs incurred for designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware, and software required to provide enhanced 911 service, and the recurring and nonrecurring costs of providing enhanced 911 service. An application shall include invoices for the costs for which reimbursement is claimed.

(c) Grant applications; local governments. 1. A local government that operates a wireless public safety answering point that was in operation on November 30, 2008, and that was identified in a resolution adopted under sub. (3m) (c) 3., and a local government designated under subd. 2., may apply to the commission for grants if the local government submits annual applications to the commission that identify the expenses eligible for reimbursement under subd. 3., list the invoices for reimbursement that are related to compliance with enhanced 911 service requirements, and include the costs of landline 911 trunks and charges for public safety answering points in the same county as the local government.

2. If enhanced 911 service was not available in a county on November 30, 2008, and the county designates one local government in the county, or the county itself, as the operator of the primary public safety answering point for the county, the local government or county so designated is eligible for grants under subd. 1. The commission shall promulgate rules establishing requirements and procedures for a county to make a designation under this subdivision.

3. Expenses that are eligible for reimbursement under subd. 1. are the actual costs incurred by a public safety answering point in complying with the requirements of enhanced 911 service, including costs incurred for designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware, and software required to provide enhanced 911 service; the recurring and nonrecurring costs of providing enhanced 911 service; and the costs associated with training public safety answering point personnel.

(d) Payment of grants. From the appropriation account under s. 20.155 (3) (r), the commission shall award grants to communications providers and local governments who submit applications under pars. (b) and (c) for reimbursement of costs that the commission determines are eligible for reimbursement. If the total amount of invoices for cost reimbursement that are submitted to the commission and approved for payment in a month exceeds the amount available from the 911 fund for reimbursement, the commission shall proportionately reduce the amount payable to each communications provider and local government so that the amount paid in grants does not exceed the amount available from the 911 fund, and the commission shall defer awarding grants for the balance due to each communications provider and local government until sufficient moneys are available from the 911 fund.

(e) Information requests; audits. A local government that receives grants for a public safety answering point shall comply with all requests by the commission for financial information related to the operation of the public safety answering point and, upon request, provide a copy of any audits conducted of the public safety answering point to the commission.

(f) Telephone relay service for hearing impaired. A local government that receives a grant under par. (d) shall ensure the each public safety answering point operated by or on behalf of the local government complies with requirements of the federal communications commission that all 911 answering positions are equipped with the necessary equipment for accepting 911 calls from the hearing impaired directly or through the use of a relaying service.

(g) Audits. The commission may require a communications provider or local government that receives a grant under par. (d) to conduct an audit to ensure that the grant application and use of the moneys received is consistent with the requirements of this subsection and may require a local government that receives a grant under par. (d) to provide a copy of its annual audit of the public safety answering point for which the grant is received.

(h) Unauthorized expenditures. The commission may, on its own motion, or, at its discretion, upon the complaint of any person, give written notice of violation to any communications provider or local government alleged to be expending grant moneys for a purpose not authorized under this subsection. Upon receipt of the notice, the communications provider or local government shall cease making any unauthorized expenditure, and may petition the commission for a hearing on the question of whether an expenditure is authorized. The commission shall grant a request for a hearing within a reasonable period. If, after the hearing, the commission determines that an expenditure is not authorized, the commission shall require the communications provider or local government to refund, within 90 days of the commission's determination, the unauthorized expenditure.

(i) Proprietary information. Any information submitted by a communications provider to the commission or the 911 council that the communications provider designates as proprietary, and that the commission determines is proprietary, is confidential and not subject to inspection or copying under s. 19.35, except with the express consent of the communications provider. General information collected by the commission or the 911 council may be released or published only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual communications provider.

(j) Statewide plan. The commission shall develop a statewide plan for enhanced 911 services for the state. The plan shall be consistent with the plan required under 47 USC 942 (b) (3) (A) (iii).

(k) Rules. The commission shall promulgate rules for administering the requirements of this subsection.

(L) Reports. No later than February 28 of each odd-numbered year, the commission shall submit a report to the legislature under s. 13.172 (2) that has complete information regarding receipts and expenditures under this subsection during the 2-year reporting period and that describes the status of the 911 system in this state at the time of the report and the results of any related investigations completed by the commission during the 2-year reporting period.

(m) 911 council. The commission shall consult with the 911 council in carrying out the commission's duties under this subsection.

28,2572hr Section 2572hr. 256.35 (3m) (a) 2. of the statutes is renumbered 256.35 (1) (cp).

28,2572hu Section 2572hu. 256.35 (3m) (a) 3. of the statutes is renumbered 256.35 (1) (em).

28,2572hy Section 2572hy. 256.35 (3m) (a) 4. of the statutes is renumbered 256.35 (1) (es).

28,2573 Section 2573. 256.35 (3m) (em) of the statutes is created to read:

256.35 (3m) (em) Fund limitation. Except for grants under par. (d) or (e), the commission may not make any distribution from the wireless 911 fund to any person.

28,2573b Section 2573b. 256.35 (5) of the statutes is created to read:

256.35 (5) Requirement to provide enhanced 911 service. In accordance with the federal wireless orders, no communications provider is required to provide enhanced wireless 911 service until all of the following conditions are satisfied:

(a) The communications provider receives a request for the service from the administrator of a public safety answering point that is capable of receiving and utilizing the data elements associated with the service.

(b) The funds for reimbursement of the communications provider's costs are available.

(c) The relevant local exchange carrier is able to support the requirements of enhanced 911 service.

28,2573f Section 2573f. 256.35 (7) of the statutes is amended to read:

256.35 (7) Liability exemption. A telecommunications utility, wireless provider, as defined in sub. (3m) (a) 6., person that provides exchange telephone service to a telephone subscriber, cellular services, voice over Internet protocol services, or cable telephony services, person that provides services to a device that can access 911, or local government, as defined in sub. (3m) (a) 4., shall not be liable to any person who uses an emergency number system created under this section or makes an emergency telephone call initially routed to a wireless public safety answering point, as defined in sub. (3m) (a) 7.

28,2573h Section 2573h. 256.35 (8) of the statutes is created to read:

256.35 (8) Subscriber records and information. (a) Subscriber records that a communications provider discloses to a public safety answering point remain the property of the communications provider and use of the records is limited to providing emergency services in response to 911 calls. Any communications provider connection information of a subscriber, including the subscriber's address, that is obtained by a public safety answering point for public safety purposes is not subject to inspection or copying under s. 19.35.

(b) The disclosure or use of information contained in the database of the telephone network portion of a 911 system, for other than operations of the 911 system, is prohibited.

(c) No later than 2 business days after a communications provider installs service for a new subscriber, the communications provider shall provide the relevant public safety answering point with subscriber information necessary to update the master street address guide or location database used by the public safety answering point to respond to emergency calls and the public safety answering point shall make the update.

28,2574h Section 2574h. 281.14 of the statutes is created to read:

281.14 Wisconsin River monitoring and study. (1) In this section:

(a) "Nonpoint source" has the meaning given in s. 281.16 (1) (e).

(b) "Point source" has the meaning given in s. 283.01 (12).

(2) The department shall conduct a program to monitor and study the introduction of nutrients from point sources and nonpoint sources into the Wisconsin River from the city of Merrill to the Castle Rock Flowage dam. The department shall seek to do all of the following under this subsection:

(a) Identify the amounts of nutrients being introduced into the river.

(b) Characterize and quantify the nutrients, in particular nitrogen and phosphorus, introduced into the river from nonpoint sources relative to climate, land use, soil type, elevation, and drainage.

(c) Collect water quality information for locations on the river itself and for major tributaries and major impoundments to use in evaluating the biological, physical, and chemical properties of the water and to use as data in watershed and river models.

(d) Use watershed and river models and the information collected under this subsection and from other sources to forecast the effect on water quality of different methods of reducing the amounts of nutrients introduced into the river.

(e) Develop tools to use in selecting and implementing methods of reducing the amounts of nutrients introduced into the river.

28,2575 Section 2575. 281.16 (3) (e) of the statutes is amended to read:

281.16 (3) (e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices or technical standards under this subsection unless cost-sharing is available, under s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1), 92.15 (4) and 823.08 (3) (c) 2., the department of natural resources shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source. The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2), 92.105 (1) or 92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.

28,2576n Section 2576n. 281.33 (3) (title) of the statutes is amended to read:

281.33 (3) (title) Standards related to storm water and certain construction activities.

28,2576p Section 2576p. 281.33 (3m) (title) of the statutes is created to read:

281.33 (3m) (title) Erosion control related to construction of public buildings and buildings that are places of employment.

28,2577 Section 2577. 281.34 (3) of the statutes is renumbered 281.34 (3) (a).

28,2578 Section 2578. 281.34 (3) (b) and (c) of the statutes are created to read:

281.34 (3) (b) The department may appoint any person who is not an employee of the department as the department's agent to accept and process notifications and collect the fees under par. (a).

(c) Any person, including the department, who accepts and processes a well notification under par. (a) shall collect in addition to the fee under par. (a) a processing fee of 50 cents. An agent appointed under par. (b) may retain the processing fee to compensate the agent for the agent's services in accepting and processing the notification.

28,2578pb Section 2578pb. 281.346 (1m) of the statutes is repealed.

28,2578pd Section 2578pd. 281.346 (2) (e) 1. of the statutes is repealed.

28,2578pf Section 2578pf. 281.346 (2) (e) 1g. of the statutes is created to read:

281.346 (2) (e) 1g. The baseline for a withdrawal that before December 8, 2008, averaged 100,000 gallons per day or more in any 30-day period but to which subd. 1m. does not apply is the amount determined under sub. (4e).

28,2578ph Section 2578ph. 281.346 (2) (e) 1r. of the statutes is created to read:

281.346 (2) (e) 1r. The baseline for a withdrawal not covered by subd. 1. or 1g. is zero.

28,2578pj Section 2578pj. 281.346 (3) (a) of the statutes is renumbered 281.346 (3) (a) 1.

28,2578pL Section 2578pL. 281.346 (3) (a) 2. of the statutes is created to read:

281.346 (3) (a) 2. Any person who, on the effective date of this subdivision .... [LRB inserts date], has a water supply system with the capacity to make a withdrawal from the waters of this state averaging 100,000 gallons per day or more in any 30-day period and who has not registered the withdrawal under s. 281.344 (3) (a) shall register the withdrawal with the department.

28,2578pn Section 2578pn. 281.346 (4e) (title), (a), (b), (d) 1. and 3., (e), (f), (g) and (h) of the statutes are amended to read:

281.346 (4e) (title) Determining withdrawal amounts baselines for preexisting withdrawals with interim approvals. (a) Before issuing automatic notice of coverage under a general permit under sub. (4s) or an automatic individual permit under sub. (5) (c) for a withdrawal from the Great Lakes basin that is covered by an interim approval under s. 281.344 (5m) for which the department is required to issue automatic notice of coverage or an automatic individual permit, the department shall determine a withdrawal amount baseline for the withdrawal under this subsection.

(b) 1. Except as provided in subds. 2. and 3e. and par. (f), the department shall estimate the withdrawal amount baseline for a withdrawal based on the maximum hydraulic capacity of the most restrictive component in the water supply system used for the withdrawal as of the compact's effective date December 8, 2008, based on information available to the department.

2. Except as provided in subd. 3e., if the department has issued an approval under s. 30.12, 30.18, 281.34, or 281.41, or s. 281.17, 2001 stats., that is required for a withdrawal and the approval contains a limit on the amount of water that may be withdrawn, the department shall provide an estimate of the withdrawal amount baseline equal to the limit in the approval as of December 8, 2008.

3e. If water is withdrawn through more than one water supply system to serve a facility, the department shall determine the amount under subd. 1. for each of the water supply systems to which subd. 2. does not apply and shall determine the amount under subd. 2. for each of the water supply systems to which subd. 2. applies and shall provide an estimate of the withdrawal amount baseline that is equal to the sum of the amounts determined for each of the water supply systems.

(d) 1. The components of the water supply system used for the withdrawal as of December 8, 2008.

3. Plans for expanding the capacity of the water supply system submitted to the department no later than 2 years after June 11 before December 8, 2008.

(e) Except as provided in par. (f), the department shall determine the withdrawal amount baseline for a withdrawal based on the estimate under par. (b) and the department's evaluation of any information provided under par. (d). The department may not consider information provided by any other person.

(f) For a public water supply system that, on June 11, 2008, has approval under s. 281.41 to provide water from the Great Lakes basin for public water supply purposes outside of the Great Lakes basin and approval under s. 283.31 to return the associated wastewater to the Great Lakes basin, the department shall determine the withdrawal amount baseline to be the amount of water necessary to provide water for public water supply purposes in the service territory specified in the sewer service area provisions of the areawide water quality management plan under s. 283.83 approved by the department before December 31, 2007, based on the population and related service projections in those provisions.

(g) The department's determination of a withdrawal amount baseline under par. (e) or (f) is not subject to administrative review under ch. 227 except at the request of the person making the withdrawal.

(h) If 2 or more public water supply systems merge after the department determines their withdrawal amounts baselines under par. (e) and before the department issues the initial individual permits under sub. (5) (c) for the systems, the withdrawal amount baseline for the new system is the sum of the amounts determined under par. (e) for the individual systems.

28,2578pp Section 2578pp. 281.346 (4e) (i) of the statutes is repealed.

28,2578pr Section 2578pr. 281.346 (4g) of the statutes is created to read:

281.346 (4g) Determining withdrawal amounts for preexisting withdrawals. (a) Before issuing automatic notice of coverage under a general permit under sub. (4s) or an automatic individual permit under sub. (5) (c) for a withdrawal from the Great Lakes basin for which the department is required to issue automatic notice of coverage or an automatic individual permit, the department shall determine a withdrawal amount for the withdrawal under this subsection.

(b) Except as provided in par. (c), the withdrawal amount for a withdrawal under this subsection is the same as the baseline determined under sub. (4e).

(c) 1. Except as provided in subd. 3., if a person making a withdrawal has increased the amount of the withdrawal over the baseline before the department issues an automatic notice of coverage under a general permit under sub. (4s) or an automatic individual permit under sub. (5) (c), the department shall specify a withdrawal amount that is, except as provided in subd. 2., equal to the smallest of the following amounts:

a. The maximum hydraulic capacity of the most restrictive component of the water supply system used for the withdrawal for which the person has approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval under one of those provisions is not required for the most restrictive component of the water supply system, the maximum hydraulic capacity of the most restrictive component in the water supply system used for the withdrawal.

b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., specifies a maximum amount of water that may be withdrawn, that amount.

2. If water is withdrawn through more than one water supply system to serve a facility, the department shall determine the smallest amount under subd. 1. a. or b. for each of the water supply systems and shall specify a withdrawal amount that is equal to the sum of the amounts determined for each of the water supply systems.

3. For a withdrawal for the purpose of providing water to a public water supply system that is covered by an approved water supply service area plan under s. 281.348, the department shall specify a withdrawal amount that is equal to the withdrawal amount in the water supply service area plan.