LRBs0211/2
RCT:skg:jlb
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 413
October 23, 1995 - Offered by Representative Seratti.
AB413-ASA1,1,3
1An Act to create 144.35 of the statutes;
relating to: notices concerning
2proposals by American Indian tribal governing bodies to redesignate areas for
3air quality purposes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB413-ASA1,1,11
5144.35 Notice concerning proposed area redesignations. (1) Within 5
6days after the governor receives notification that an American Indian tribal
7governing body proposes to redesignate an area under
42 USC 7474 for the purpose
8of the federal clean air act provisions concerning the prevention of significant
9deterioration of air quality and that a consultation meeting is requested among the
10tribal governing body, the federal environmental protection agency and this state,
11the governor shall do all of the following:
AB413-ASA1,1,1312
(a) Notify the secretary and the head of the subunit of the department that is
13responsible for administering air quality laws of the proposed redesignation.
AB413-ASA1,2,3
1(b) Report that notification to the appropriate standing committees of the
2legislature, as determined by the speaker of the assembly and the president of the
3senate, under s. 13.172 (3).
AB413-ASA1,2,7
4(2) Within 15 days after receiving notification that an American Indian tribal
5governing body proposes to redesignate an area under
42 USC 7474 for the purpose
6of the federal clean air act provisions concerning the prevention of significant
7deterioration of air quality, the department shall do all of the following:
AB413-ASA1,2,138
(a) Publish a class 1 notice, under ch. 985, of the proposed redesignation and
9request for consultation with the state in a newspaper of general circulation in the
10area that would be affected by the redesignation, as determined using standards
11established by the federal environmental protection agency, and in the official state
12newspaper and provide a written statement concerning the proposed redesignation
13to those newspapers.
AB413-ASA1,2,1714
(b) Report that notification to the governor, and to the agency responsible for
15administering air pollution control laws, of any other state with an area that would
16be affected by the redesignation, as determined using standards established by the
17federal environmental protection agency.
AB413-ASA1,2,24
18(3) Within 15 days after receiving notification of the time and place of a public
19hearing under
42 USC 7475 (b) (1) (A) concerning a proposal by an American Indian
20tribal governing body to redesignate an area, the department shall provide notice of
21the time and place of the public hearing in the manner provided in subs. (1) (b) and
22(2) (a). If the department receives notification of a hearing at the same time that it
23receives notification of the proposed redesignation, it shall combine the newspaper
24notices under this subsection with the notices under sub. (2) (a).
AB413-ASA1,3,5
1(4) The department shall submit a report, to the appropriate standing
2committees of the legislature, as determined by the speaker of the assembly and the
3president of the senate, under s. 13.172 (3), on the results of any consultations, under
442 CFR 52.21 (g) (4) (ii), with an American Indian tribal governing body that
5proposes to redesignate an area under
42 USC 7474.
AB413-ASA1,3,12
6(5) Within 15 days after the governor decides whether to disagree with the
7redesignation of an area by an American Indian tribal governing body under
42 USC
87474, and to request the administrator of the federal environmental protection
9agency to act to resolve the dispute, the governor shall submit a report stating the
10decision and the reasons for the decision to the appropriate standing committees of
11the legislature, as determined by the speaker of the assembly and the president of
12the senate, under s. 13.172 (3).
