2009 Wisconsin Act 28

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.

28,2578pt Section 2578pt. 281.346 (4m) of the statutes is amended to read:

281.346 (4m) Water use permits required in the Great Lakes basin. A Beginning on December 8, 2011, a person may not make a withdrawal from the Great Lakes basin that averages 100,000 gallons per day or more in any 30-day period unless the withdrawal is covered under a general permit issued under sub. (4s) or s. 281.344 (4s), an individual permit issued under sub. (5) or s. 281.344 (5), or an interim approval under s. 281.344 (5m), except as provided in sub. (4s) (bm).

28,2578pv Section 2578pv. 281.346 (4s) (a) 1. of the statutes is amended to read:

281.346 (4s) (a) 1. Reference to the database of withdrawal amounts under par. (i).

28,2578px Section 2578px. 281.346 (4s) (b) of the statutes is amended to read:

281.346 (4s) (b) General requirement. A Beginning on December 8, 2011, a person who does not hold an individual permit under sub. (5) may not make a withdrawal that averages 100,000 gallons per day or more in any 30-day period, but that does not equal at least 1,000,000 gallons per day for any 30 consecutive days, unless the withdrawal is covered under a general permit issued under this subsection or s. 281.344 (4s), except as provided in par. (bm). A person to whom the department has issued a notice of coverage under a general permit shall comply with the general permit.

28,2578pz Section 2578pz. 281.346 (4s) (c) of the statutes is amended to read:

281.346 (4s) (c) Automatic notice of coverage for preexisting withdrawals with interim approvals. The department shall automatically issue a notice of coverage under a general permit to a person who makes a withdrawal that is covered by an interim approval under s. 281.344 (5m), if the withdrawal and that averages 100,000 gallons per day or more in any 30-day period but does not equal at least 1,000,000 gallons per day for any 30 consecutive days, or who makes a withdrawal that is not covered by an interim approval and that before December 8, 2008, averaged 100,000 gallons per day or more in any 30-day period but that does not equal at least 1,000,000 gallons per day for any 30 consecutive days. If necessary, the department may request additional information before issuing a notice under this paragraph. The department shall issue a notice under this paragraph no later than one year after the compact's effective date December 8, 2011. In the notice provided under this paragraph for a withdrawal, the department shall specify a withdrawal amount baseline equal to the withdrawal amount baseline determined under sub. (4e) for the withdrawal and a withdrawal amount equal to the withdrawal amount determined under sub. (4g) for the withdrawal.

28,2578qb Section 2578qb. 281.346 (4s) (d) (title) of the statutes is amended to read:

281.346 (4s) (d) (title) Coverage under general permit for new or increased withdrawals not entitled to automatic notice of coverage.

28,2578qd Section 2578qd. 281.346 (4s) (d) 1. of the statutes is amended to read:

281.346 (4s) (d) 1. A person who proposes to begin a withdrawal from the Great Lakes basin after December 7, 2011, that will average 100,000 gallons per day or more in any 30-day period, or to increase an existing withdrawal so that it will average 100,000 gallons per day or more in any 30-day period, but who does not propose to withdraw at least 1,000,000 gallons per day for any 30 consecutive days, shall apply to the department for coverage under a general permit, unless the person applies for an individual permit under sub. (5). In the application, the person shall provide the information required by the department by rule.

28,2578qf Section 2578qf. 281.346 (4s) (d) 1m. of the statutes is created to read:

281.346 (4s) (d) 1m. A person who makes a withdrawal from the Great Lakes basin that, before December 8, 2011, averages at least 100,000 gallons per day in any 30-day period, but does not equal 1,000,000 gallons per day for any 30 consecutive days and who is not entitled to automatic issuance of notice of coverage under par. (c) shall apply to the department for coverage under a general permit, unless the person applies for an individual permit under sub. (5). In the application, the person shall provide the information required by the department by rule.

28,2578qh Section 2578qh. 281.346 (4s) (d) 3m. of the statutes is amended to read:

281.346 (4s) (d) 3m. a. The department may not approve an application under subd. 1. or 1m. for a withdrawal for the purpose of providing water to a public water supply system that serves a population of more than 10,000 unless the withdrawal is covered by an approved water supply service area plan under s. 281.348.

b. The department may not approve an application under subd. 1. or 1m. 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, unless the withdrawal is consistent with the water supply service area plan.

c. If the department approves an application under subd. 1. or 1m. 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 issue a notice of coverage. In the notice of coverage the department shall specify a withdrawal amount that is equal to the withdrawal amount in the water supply service area plan.

28,2578qj Section 2578qj. 281.346 (4s) (i) of the statutes is amended to read:

281.346 (4s) (i) Database. The department shall maintain a database of the withdrawal amounts for all withdrawals that are covered under general permits issued under this subsection and s. 281.344 (4s). Until December 8, 2021, the department shall include in the database the baselines for all withdrawals that are covered under general permits issued under this subsection.

28,2578qL Section 2578qL. 281.346 (5) (a) of the statutes is amended to read:

281.346 (5) (a) Requirement. A Beginning on December 8, 2011, a person may not make a withdrawal from the Great Lakes basin that equals at least 1,000,000 gallons per day for any 30 consecutive days unless the withdrawal is covered by an individual permit issued under this subsection or s. 281.344 (5). A person to whom the department has issued an individual permit shall comply with the individual permit.

28,2578qn Section 2578qn. 281.346 (5) (b) 1. of the statutes is amended to read:

281.346 (5) (b) 1. A withdrawal amount as determined under par. (d) 3., 3e., or 3m., (g) 3., 3e., or 3m., or (j) 3., 3e., or 3m., or sub. (4e), or s. 281.344 (4e) or (5) (d) 3., 3e., or 3m. or (e) 3., 3e., or 3m (4g).

28,2578qp Section 2578qp. 281.346 (5) (c) of the statutes is amended to read:

281.346 (5) (c) Automatic issuance of individual permits for preexisting withdrawals with interim approvals. The department shall automatically issue an individual permit to a person who makes a withdrawal from the Great Lakes basin that is covered by an interim approval under s. 281.344 (5m), if the withdrawal and that equals at least 1,000,000 gallons per day for any 30 consecutive days, or who makes a withdrawal that is not covered by an interim approval, that equals at least 1,000,000 gallons per day for any 30 consecutive days, and that before December 8, 2008, averaged 100,000 gallons per day or more in any 30-day period. If necessary, the department may request additional information before issuing a permit under this paragraph. The department shall issue a permit under this paragraph no later than one year after the compact's effective date December 8, 2011. In the permit, the department shall specify a withdrawal amount baseline equal to the withdrawal amount baseline determined under sub. (4e) for the withdrawal and a withdrawal amount equal to the withdrawal amount determined under sub. (4g) for the withdrawal.

28,2578qr Section 2578qr. 281.346 (5) (cm) of the statutes is created to read: