Amendment ASA1-AB413

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 An Act to create 144.35 of the statutes; relating to: notices concerning proposals by American Indian tribal governing bodies to redesignate areas for air quality purposes.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB413-ASA1, s. 1 Section 1. 144.35 of the statutes is created to read:

AB413-ASA1,1,11 144.35 Notice concerning proposed area redesignations. (1) Within 5 days after the governor receives notification that an American Indian tribal governing body proposes to redesignate an area under 42 USC 7474 for the purpose of the federal clean air act provisions concerning the prevention of significant deterioration of air quality and that a consultation meeting is requested among the tribal governing body, the federal environmental protection agency and this state, the governor shall do all of the following:

AB413-ASA1,1,13 (a) Notify the secretary and the head of the subunit of the department that is responsible for administering air quality laws of the proposed redesignation.

AB413-ASA1,2,3 (b) Report that notification to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3).

AB413-ASA1,2,7 (2) Within 15 days after receiving notification that an American Indian tribal governing body proposes to redesignate an area under 42 USC 7474 for the purpose of the federal clean air act provisions concerning the prevention of significant deterioration of air quality, the department shall do all of the following:

AB413-ASA1,2,13 (a) Publish a class 1 notice, under ch. 985, of the proposed redesignation and request for consultation with the state in a newspaper of general circulation in the area that would be affected by the redesignation, as determined using standards established by the federal environmental protection agency, and in the official state newspaper and provide a written statement concerning the proposed redesignation to those newspapers.

AB413-ASA1,2,17 (b) Report that notification to the governor, and to the agency responsible for administering air pollution control laws, of any other state with an area that would be affected by the redesignation, as determined using standards established by the federal environmental protection agency.

AB413-ASA1,2,24 (3) Within 15 days after receiving notification of the time and place of a public hearing under 42 USC 7475 (b) (1) (A) concerning a proposal by an American Indian tribal governing body to redesignate an area, the department shall provide notice of the time and place of the public hearing in the manner provided in subs. (1) (b) and (2) (a). If the department receives notification of a hearing at the same time that it receives notification of the proposed redesignation, it shall combine the newspaper notices under this subsection with the notices under sub. (2) (a).

AB413-ASA1,3,5 (4) The department shall submit a report, to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3), on the results of any consultations, under 42 CFR 52.21 (g) (4) (ii), with an American Indian tribal governing body that proposes to redesignate an area under 42 USC 7474.

AB413-ASA1,3,12 (5) Within 15 days after the governor decides whether to disagree with the redesignation of an area by an American Indian tribal governing body under 42 USC 7474, and to request the administrator of the federal environmental protection agency to act to resolve the dispute, the governor shall submit a report stating the decision and the reasons for the decision to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3).

AB413-ASA1,3,13 (End)