Amendment SSA1-SB55

SB55-SSA1,1050,13 281.65 (4) (f) Administer the distribution of grants and aids to governmental units for local administration and implementation of the program under this section. A grant awarded under this section may be used for cost-sharing for management practices and capital improvements, easements, or other activities determined by the department to satisfy the requirements of this section. A grant under this section to a lake district for a priority lake identified under sub. (3m) (b) 1. may be used for plan preparation, technical assistance, educational and training assistance, and ordinance development and administration. A grant may not be used for promotional items, except for promotional items that are used for informational purposes, such as brochures or videos.

SB55-SSA1, s. 3172 Section 3172. 281.65 (4c) (am) 1. a. of the statutes is amended to read:

SB55-SSA1,1050,16 281.65 (4c) (am) 1. a. The need for compliance with performance standards established by the department under s. 281.16 (2) and (3).

SB55-SSA1, s. 3173 Section 3173. 281.65 (4c) (am) 2. of the statutes is amended to read:

SB55-SSA1,1050,20 281.65 (4c) (am) 2. The project cannot be conducted with department, in consultation with the department of agriculture, trade and consumer protection, determines that funding provided under s. 92.14 is insufficient to fund the project.

SB55-SSA1, s. 3174 Section 3174. 281.65 (4g) of the statutes is amended to read:

SB55-SSA1,1051,3 281.65 (4g) The department may contract with any person from the appropriation account under s. 20.370 (4) (at) (ac) for services to administer or implement this section, including information and education and training services. The department shall allocate $500,000 in each fiscal year from the appropriation account under s. 20.370 (4) (at) (ac) for contracts for educational and technical assistance related to the program under this section provided by the University of Wisconsin-Extension.

SB55-SSA1, s. 3176b Section 3176b. 281.65 (5q) of the statutes is created to read:

SB55-SSA1,1051,9 281.65 (5q) (a) Notwithstanding sub. (5s), neither the department nor the land and water conservation board may extend funding under this section for a priority watershed or priority lake project beyond the funding termination date that was in effect for the priority watershed or priority lake project on January 1, 2001, except as provided in par. (b).

SB55-SSA1,1051,14 (b) The department may authorize funding to be provided to a landowner under a priority watershed or priority lake project for up to one year after the funding termination date under par. (a) for that project if the department determines that a delay in implementation of best management practices by the landowner was caused by conditions beyond the control of the landowner.

SB55-SSA1, s. 3176m Section 3176m. 281.65 (11) of the statutes is amended to read:

SB55-SSA1,1052,7 281.65 (11) Notwithstanding subs. (3) (am) and (3m), the South Fork of the Hay River is a priority watershed for the period ending on June 30, 2001 2006. Notwithstanding subs. (2) (a), (4) (dm), (e), (em) and (g) 4., (4m) (b) 3. and (8) (b) and (e), the department, in consultation with the local units of government involved with the priority watershed project, shall establish guidelines for the types of nonpoint source water pollution abatement practices to be eligible for cost-sharing grants in the watershed. Notwithstanding sub. (8) (f), the amount of a cost-sharing grant in the watershed may be based on the amount of pollution reduction achieved rather than on the cost of the practices installed, using guidelines developed by the department, in consultation with the local units of government involved with the priority watershed project. In providing funding under s. 92.14 (3), the department of agriculture, trade and consumer protection shall determine the amount of matching funds required for staff for the priority watershed project as though the funding termination date of June 30, 2006, had been in effect on October 6, 1998. The department and the local governmental staff involved with the priority watershed project shall evaluate the cost effectiveness of the project and the reduction in nonpoint source water pollution associated with the project.

SB55-SSA1, s. 3180 Section 3180. 281.68 (1) (b) (intro.) of the statutes is renumbered 281.68 (1) (b) and amended to read:

SB55-SSA1,1052,12 281.68 (1) (b) "Qualified lake association" means a group incorporated under ch. 181 that meets all of the following conditions: an association that meets the qualifications under sub. (3m) (a).

SB55-SSA1, s. 3181 Section 3181. 281.68 (1) (b) 1. of the statutes is renumbered 281.68 (3m) (a) 2. and amended to read:

SB55-SSA1,1052,17 281.68 (3m) (a) 2. Specifies Specify in its articles of incorporation or bylaws that a substantial purpose of its being incorporated is to support the protection or improvement of one or more inland lakes for the benefit of the general public.

SB55-SSA1, s. 3182 Section 3182. 281.68 (1) (b) 2. of the statutes is renumbered 281.68 (3m) (a) 3. and amended to read:

SB55-SSA1,1052,22 281.68 (3m) (a) 3. Demonstrates Demonstrate that the substantial purpose of its past actions was to support the protection or improvement of one or more inland lakes for the benefit of the general public.

SB55-SSA1, s. 3183 Section 3183. 281.68 (1) (b) 3. of the statutes is renumbered 281.68 (3m) (a) 4. and amended to read:

SB55-SSA1,1053,3 281.68 (3m) (a) 4. Allows Allow to be a member any individual who for at least one month each year resides on or within one mile of an inland lake for which the association was incorporated.

SB55-SSA1, s. 3184 Section 3184. 281.68 (1) (b) 4. of the statutes is renumbered 281.68 (3m) (a) 5. and amended to read:

SB55-SSA1,1053,8 281.68 (3m) (a) 5. Allows Allow to be a member any individual who owns real estate on or within one mile of an inland lake for which the association was incorporated.

SB55-SSA1, s. 3185 Section 3185. 281.68 (1) (b) 5. of the statutes is renumbered 281.68 (3m) (a) 6. and amended to read:

SB55-SSA1,1053,13 281.68 (3m) (a) 6. Does not Not have articles of incorporation or bylaws which limit or deny the right of any member or any class of members to vote as permitted under s. 181.0721 (1).

SB55-SSA1, s. 3186 Section 3186. 281.68 (1) (b) 6. of the statutes is renumbered 281.68 (3m) (a) 7. and amended to read:

SB55-SSA1,1053,17 281.68 (3m) (a) 7. Has been Demonstrate that it has been in existence for at least one year.

SB55-SSA1, s. 3187 Section 3187. 281.68 (1) (b) 7. of the statutes is renumbered 281.68 (3m) (a) 8. and amended to read:

SB55-SSA1,1053,20 281.68 (3m) (a) 8. Has Demonstrate that it has at least 25 members.

SB55-SSA1, s. 3188 Section 3188. 281.68 (1) (b) 8. of the statutes is renumbered 281.68 (3m) (a) 9. and amended to read:

SB55-SSA1,1053,24 281.68 (3m) (a) 9. Requires Require payment of an annual membership fee of not less than $10 nor more than $25 as set by the department by rule under par. (b).

SB55-SSA1, s. 3189 Section 3189. 281.68 (1) (c) of the statutes is created to read:

SB55-SSA1,1054,2 281.68 (1) (c) "Qualified school district" is a school district that meets the qualifications under sub. (3m) (c).

SB55-SSA1, s. 3192 Section 3192. 281.68 (3) (a) of the statutes is amended to read:

SB55-SSA1,1054,8 281.68 (3) (a) Eligible recipients to consist of nonprofit conservation organizations, as defined in s. 23.0955 (1), counties, cities, towns, villages, qualified lake associations, town sanitary districts, qualified school districts, public inland lake protection and rehabilitation districts, and other local governmental units, as defined in s. 66.0131 (1) (a), that are established for the purpose of lake management.

SB55-SSA1, s. 3193 Section 3193. 281.68 (3) (b) 6. of the statutes is created to read:

SB55-SSA1,1054,12 281.68 (3) (b) 6. Providing programs and materials that promote the monitoring of private sewage systems, the reduction in the use of environmentally harmful chemicals, water safety, and the protection of natural lake ecosystems.

SB55-SSA1, s. 3194 Section 3194. 281.68 (3m) (title) and (a) (intro.) of the statutes are created to read:

SB55-SSA1,1054,16 281.68 (3m) (title) Qualified entities. (a) (intro.) To be a qualified lake association, an association shall do all of the following:

SB55-SSA1, s. 3195 Section 3195. 281.68 (3m) (a) 1. of the statutes is created to read:

SB55-SSA1,1054,18 281.68 (3m) (a) 1. Demonstrate that it is incorporated under ch. 181.

SB55-SSA1, s. 3196 Section 3196. 281.68 (3m) (b) of the statutes is created to read:

SB55-SSA1,1054,22 281.68 (3m) (b) For purposes of par. (a) 9., the department shall set by rule the maximum amount and the minimum amount that may be charged as an annual membership fee.

SB55-SSA1, s. 3197 Section 3197. 281.68 (3m) (c) of the statutes is created to read:

SB55-SSA1,1055,3 281.68 (3m) (c) To be a qualified school district, the board of the school district shall adopt a resolution to conduct a lake management planning project that will do all of the following:

SB55-SSA1,1055,6 1. Provide information or education on the use of lakes or natural lake ecosystems, on the quality of water in lakes, or on the quality of natural lake ecosystems.

SB55-SSA1,1055,8 2. Allow another eligible recipient of grants under this section to cooperate with the school district in the project.

SB55-SSA1, s. 3199 Section 3199. 281.69 (1b) of the statutes is renumbered 281.69 (1b) (intro.) and amended to read:

SB55-SSA1,1055,11 281.69 (1b) Definition Definitions. (intro.) In this section, "lake":

SB55-SSA1,1055,12 (ag) "Lake" includes a flowage.

SB55-SSA1, s. 3201 Section 3201. 281.69 (1b) (c) of the statutes is created to read:

SB55-SSA1,1055,15 281.69 (1b) (c) "Qualified lake association" is an association that meets the qualifications under s. 281.68 (3m) (a).

SB55-SSA1, s. 3202 Section 3202. 281.69 (1b) (d) of the statutes is created to read:

SB55-SSA1,1055,17 281.69 (1b) (d) "Wetland" has the meaning given in s. 23.32 (1).

SB55-SSA1, s. 3203 Section 3203. 281.69 (3) (a) of the statutes is amended to read:

SB55-SSA1,1055,24 281.69 (3) (a) A designation of eligible recipients, which shall include nonprofit conservation organizations, as defined in s. 23.0955 (1), counties, cities, towns, villages, qualified lake associations, as defined in s. 281.68 (1) (b), town sanitary districts, public inland lake protection and rehabilitation districts , and other local governmental units, as defined in s. 66.0131 (1) (a), that are established for the purpose of lake management.

SB55-SSA1, s. 3205 Section 3205. 281.69 (3) (b) 2. of the statutes is amended to read:

SB55-SSA1,1056,2 281.69 (3) (b) 2. The restoration of a wetland , as defined in s. 23.32 (1), if the restoration will protect or improve a lake's water quality or its natural ecosystem.

SB55-SSA1, s. 3206 Section 3206. 281.69 (3) (b) 2m. of the statutes is created to read:

SB55-SSA1,1056,6 281.69 (3) (b) 2m. The restoration of habitat in a littoral area of a lake or along its shoreline if the restoration will protect or improve the lake's water quality or its natural ecosystem.

SB55-SSA1, s. 3208 Section 3208. 281.75 (4) (b) 3. of the statutes is amended to read:

SB55-SSA1,1056,8 281.75 (4) (b) 3. An authority created under ch. 231, 233 or, 234, or 237.

SB55-SSA1, s. 3211 Section 3211. 283.33 (1) (b) of the statutes is amended to read:

SB55-SSA1,1056,12 283.33 (1) (b) A discharge of storm water from a municipal separate storm sewer system serving an incorporated area with a population of 100,000 or more, as determined by the 1990 federal census.

SB55-SSA1, s. 3212 Section 3212. 283.33 (1) (c) of the statutes is created to read:

SB55-SSA1,1056,16 283.33 (1) (c) A discharge of storm water from a municipal separate storm sewer system serving an area located in an urbanized area, as determined by the U.S. bureau of the census based on the latest decennial federal census.

SB55-SSA1, s. 3213 Section 3213. 283.33 (1) (cg) of the statutes is created to read:

SB55-SSA1,1056,24 283.33 (1) (cg) A discharge of storm water from a municipal separate storm sewer system serving an area with a population of 10,000 or more and a population density of 1,000 or more per square mile, if the system is designated by the department to be regulated under this section based on an evaluation of whether the storm water discharge results in, or has the potential to result in, water quality standards being exceeded, including impairment of designated uses, or in other significant water quality impacts, including habitat and biological impacts.

SB55-SSA1, s. 3214 Section 3214. 283.33 (1) (cr) of the statutes is created to read:

SB55-SSA1,1057,5 283.33 (1) (cr) A discharge of storm water from a municipal separate storm sewer system that is designated by the department to be regulated under this section because the system contributes substantially to the pollutant loadings of a physically interconnected municipal separate storm sewer system that is regulated under this section.

SB55-SSA1, s. 3215 Section 3215. 283.33 (1) (d) of the statutes is amended to read:

SB55-SSA1,1057,10 283.33 (1) (d) A discharge of storm water from a facility or activity, other than a facility or activity under par. pars. (a) or (b) to (cr), if the department determines that the discharge either contributes to a violation of a water quality standard or is a significant contributor of pollutants to the waters of the state.

SB55-SSA1, s. 3216 Section 3216. 283.33 (4) (a) (intro.) of the statutes is amended to read:

SB55-SSA1,1057,16 283.33 (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) 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:

SB55-SSA1, s. 3217 Section 3217. 283.33 (8) of the statutes is amended to read:

SB55-SSA1,1057,22 283.33 (8) Rule making. The department shall promulgate rules containing criteria for identifying storm water discharges for which permits are required under sub. (1) for the administration of this section. The department may not require a permit under this section for diffused surface drainage or agricultural storm water discharges.

SB55-SSA1, s. 3218 Section 3218. 283.84 (1) (c) of the statutes is amended to read:

SB55-SSA1,1058,2 283.84 (1) (c) Reaches an agreement with the department or a local governmental unit, as defined in s. 16.97 22.01 (7), under which the person pays money to the department or local governmental unit and the department or local governmental unit uses the money to reduce water pollution in the project area.

SB55-SSA1, s. 3219 Section 3219. 283.89 (2m) of the statutes is amended to read:

SB55-SSA1,1058,7 283.89 (2m) If the department finds a violation of s. 283.33 (1) to (8) for which a person is subject to a forfeiture under s. 283.91 (2), the department shall may issue a citation and, if the department does issue a citation, the procedures in ss. 23.50 to 23.99 apply.

SB55-SSA1, s. 3220 Section 3220. 285.59 (1) (b) of the statutes is amended to read:

SB55-SSA1,1058,16 285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Wisconsin Health and Educational Facilities Authority.

SB55-SSA1, s. 3222 Section 3222. 285.69 (2) (a) 8. of the statutes is amended to read:

SB55-SSA1,1058,21 285.69 (2) (a) 8. That the fee billed for each stationary source in each year after 2001 is based on the actual emissions of all regulated pollutants, and any other air contaminant specified by the department in the rules, in the preceding 5 years, using a 5-year rolling average year.

SB55-SSA1, s. 3225 Section 3225. 287.23 (5) (c) 2. of the statutes is amended to read:

SB55-SSA1,1059,2 287.23 (5) (c) 2. Except as provided in subd. 5. or sub. (5e), for all other responsible units, the amount of the grant for 1993 through 2000 1999 equals either 66% of the difference between eligible expenses and avoided disposal costs or $8 times the population of the responsible unit, whichever is less.

SB55-SSA1, s. 3226 Section 3226. 287.23 (5m) of the statutes is amended to read:

SB55-SSA1,1059,6 287.23 (5m) Alternate process. The department shall establish, by rule, a process for distributing grants if the amount that would be awarded under sub. (5) or (5e) exceeds the amount of funds available under s. 20.370 (6) (bq).

SB55-SSA1, s. 3227m Section 3227m. 289.33 (8) (b) 8. of the statutes is created to read:

SB55-SSA1,1059,9 289.33 (8) (b) 8. Compensation to any person for substantial economic impacts that are a direct result of the facility's receipt of waste generated outside of this state.