Amendment SSA1-AB486

AB486-SSA1,65,2 (k) Renewal of a certification for performance of asbestos abatement activity or asbestos management activity under s. 254.20 (4).

AB486-SSA1,65,4 (L) Registration and licensing of a source of ionizing radiation under rules promulgated under s. 254.34 (1) (a).

AB486-SSA1,65,6 (m) Approval of plans and specifications for radiation sources under s. 254.34 (1) (g).

AB486-SSA1,65,8 (n) A registration of a site with an ionizing radiation installation under s. 254.35 (1).

AB486-SSA1,65,9 (p) A license for radioactive material under s. 254.365 (1).

AB486-SSA1,65,11 (q) A permit to operate a campground, camping resort, recreational or educational camp, or public swimming pool under s. 254.47 (1) or (2m).

AB486-SSA1,65,13 (r) A certification for a food sanitarian under rules promulgated under s. 254.62 (2).

AB486-SSA1,65,16 (s) A permit to conduct, maintain, manage, or operate a hotel, restaurant, temporary restaurant, tourist rooming house, vending machine commissary, or vending machine under s. 254.64 (1) (a).

AB486-SSA1,65,18 (t) A permit to maintain, manage, or operate a bed and breakfast establishment under s. 254.64 (1) (b).

AB486-SSA1,65,19 (u) A certificate for food protection practices under s. 254.71 (2).

AB486-SSA1,65,21 (v) An approval of a training course for recertification of food protection practices under rules promulgated under s. 254.71 (6).

AB486-SSA1,65,22 (x) A permit to operate a tanning facility under s. 255.08 (2) (a).

AB486-SSA1,65,25 (y) An approval of a laboratory for performing chemical analyses of blood or urine for alcohol, controlled substances, or controlled substance analogs under s. 343.305 (6) (a).

AB486-SSA1,66,8 (2) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for a license, certification, certificate, permit, registration, or approval specified in sub. (1) if the department fails to provide the applicant with written notice, which may be by electronic mail, that the department has approved or disapproved the application for the license, certification, certificate, permit, registration, or approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for approval of the license, certification, certificate, permit, registration, or approval.

AB486-SSA1,66,17 (am) Subject to sub. (4), if the department fails to provide the applicant for a license, certification, certificate, permit, registration, or approval specified in sub. (1) with written notice, which may be by electronic mail, that the department has approved or disapproved the application before the expiration of the period established under sub. (1) for the license, certification, certificate, permit, registration, or approval, the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under sub. (1).

AB486-SSA1,66,21 (b) The department may not disapprove an application for a license, certification, certificate, permit, registration, or approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

AB486-SSA1,67,2 (3) Notice of deadline. In the rules under sub. (1), the department shall specify a method for informing applicants of the periods established under sub. (1). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-SSA1,67,5 (4) Permitted extension of deadline. The department may extend the period established under sub. (1) because an application is incomplete if all of the following apply:

AB486-SSA1,67,8 (a) Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-SSA1,67,11 (b) The information under par. (a) is directly related to eligibility for the license, certification, certificate, permit, registration, or approval or to terms or conditions of the license, certification, certificate, permit, registration, or approval.

AB486-SSA1,67,14 (c) The information under par. (a) is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the license, certification, certificate, permit, registration, or approval.

AB486-SSA1,67,17 (d) The extension is not longer than the number of days from the day on which the department provides the notice under par. (a) to the day on which the department receives the information.

AB486-SSA1, s. 43 Section 43. 299.05 of the statutes is repealed and recreated to read:

AB486-SSA1,67,21 299.05 Deadlines for action on certain applications. (1) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

AB486-SSA1,67,22 (a) A well driller or pump installer registration under s. 280.15.

AB486-SSA1,67,24 (b) A water system, wastewater treatment plant, or septage servicing vehicle operator certification under s. 281.17 (3).

AB486-SSA1,67,25 (c) A license for servicing septic tanks and similar facilities under s. 281.48 (3).

AB486-SSA1,68,1 (d) A solid waste incinerator operator certification under s. 285.51 (2).

AB486-SSA1,68,2 (e) An ozone-depleting refrigerant removal approval under s. 285.59.

AB486-SSA1,68,3 (em) An air pollution control permit under s. 285.60.

AB486-SSA1,68,4 (f) A solid waste disposal facility operator certification under s. 289.42 (1).

AB486-SSA1,68,5 (g) A hazardous waste transportation service license under s. 291.23.

AB486-SSA1,68,6 (h) A metallic mining exploration license under s. 293.21.

AB486-SSA1,68,7 (i) An oil or gas exploration license under s. 295.33 (1).

AB486-SSA1,68,8 (j) A laboratory certification or registration under s. 299.11.

AB486-SSA1,68,9 (k) A medical waste transportation license under s. 299.51 (3) (c).

AB486-SSA1,68,16 (2) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for a license or other approval specified in sub. (1) if the department fails to provide the applicant with written notice, which may be by electronic mail, that the department has approved or disapproved the application for the license or other approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the license or other approval.

AB486-SSA1,68,24 (am) Subject to sub. (4), if the department fails to provide the applicant for a license or other approval specified in sub. (1) with written notice, which may be by electronic mail, that the department has approved or disapproved the application before the expiration of the period established under sub. (1) for the license or other approval, the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under sub. (1).

AB486-SSA1,69,3 (b) The department may not disapprove an application for a license or other approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

AB486-SSA1,69,9 (3) Notice of deadline. In the rules under sub. (1), the department shall specify a method for informing applicants of the periods established under sub. (1). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-SSA1,69,12 (4) Permitted extension of deadline. The department may extend the period established under sub. (1) because an application is incomplete if all of the following apply:

AB486-SSA1,69,15 (a) Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-SSA1,69,17 (b) The information under par. (a) is directly related to eligibility for the license or other approval or to terms or conditions of the license or other approval.

AB486-SSA1,69,20 (c) The information under par. (a) is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the license or other approval.

AB486-SSA1,69,23 (d) The extension is not longer than the number of days from the day on which the department provides the notice under par. (a) to the day on which the department receives the information.

AB486-SSA1, s. 44 Section 44. 299.06 of the statutes is created to read:

AB486-SSA1,70,3 299.06 Automatic approval of certain applications. (1) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

AB486-SSA1,70,4 (a) A high-capacity well approval under s. 281.17 (1).

AB486-SSA1,70,5 (b) A water pollution discharge permit under s. 283.31 or 283.33.

AB486-SSA1,70,6 (d) A solid waste facility determination of feasibility under s. 289.29.

AB486-SSA1,70,7 (e) A solid waste facility operating license under s. 289.31.

AB486-SSA1,70,8 (f) A hazardous waste facility operating license under s. 291.25.

AB486-SSA1,70,9 (g) A prospecting permit under s. 293.45.

AB486-SSA1,70,10 (h) An oil or gas production license under s. 295.33 (2).

AB486-SSA1,70,12 (i) Permits and other determinations under ss. 30.10, 30.12, 30.123, 30.18, 30.19, and 30.20.

AB486-SSA1,71,5 (2) Failure to meet deadline. (a) Subject to subs. (4) (c) and (d) and (5), failure by the department to provide the applicant for a permit, approval, or other determination specified in sub. (1) with written notice, which may be by electronic mail, that the department has approved or disapproved the application for the permit, approval, or other determination, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the permit, approval, or other determination, constitutes approval of the application. A permit, approval, or other determination approved under this paragraph is subject to any terms or conditions specified by statute or rule for the permit, approval, or other determination and the department may suspend, limit, revoke, or withdraw the permit, approval, or other determination for substantial failure to comply with those terms or conditions. The department may not make the license, permit, or other approval subject to any term or condition that is not specified by statute or rule. Within 30 days after the expiration of the period established under sub. (1) for the permit, approval, or other determination, the department shall provide the applicant with a statement showing that the permit, approval, or other determination is approved and specifying any terms and conditions that apply to that permit, approval, or other determination.

AB486-SSA1,71,8 (b) The department may not disapprove an application for a permit, approval, or other determination solely because the department is unable to complete its review of the application within the period established under sub. (1).

AB486-SSA1,71,14 (3) Notice of deadline. In the rules under sub. (1), the department shall specify a method for informing applicants of the periods established under sub. (1). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-SSA1,71,16 (4) Optional provisions of rules. The department may include any of the following in the rules required under sub. (1):

AB486-SSA1,71,19 (a) Methods for determining the commencement of the period established under sub. (1) and for determining when the application for a permit, approval, or other determination is complete.

AB486-SSA1,71,22 (b) A longer period under sub. (1) for an application for a permit, approval, or other determination for which an environmental impact statement is required under s. 1.11 than for other applications.

AB486-SSA1,72,2 (c) Extensions of the period established under sub. (1) because the applicant makes a material modification to the application if the department notifies the applicant in writing of the extension within 30 days after the applicant makes the modification. The notification may be by electronic mail.

AB486-SSA1,72,8 (d) Extensions of the period established under sub. (1) because information needed by the department to complete its review of an application for a permit, approval, or other determination is unknown or cannot be determined with certainty when the department receives the application if the department notifies the applicant in writing of the need for an extension within 30 days after the applicant submits the application. The notification may be by electronic mail.

AB486-SSA1,72,10 (e) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

AB486-SSA1,72,14 (5) Extensions authorized. (a) During the period established under sub. (1), the department and the applicant may jointly agree to a different period for acting on an application for a permit, approval, or other determination than that specified under sub. (1).

AB486-SSA1,72,16 (b) The department may extend the period established under sub. (1) because an application is incomplete if all of the following apply:

AB486-SSA1,72,19 1. Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-SSA1,72,22 2. The information under subd. 1. is directly related to eligibility for the permit, approval, or other determination or to terms or conditions of the permit, approval, or other determination.

AB486-SSA1,72,25 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the permit, approval, or other determination.

AB486-SSA1,73,3 4. The extension is not longer than the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

AB486-SSA1,73,11 (d) The department may extend the period established under sub. (1) for an application by not more than 30 days if, within the period established under sub. (1), the department finds that there is a substantial likelihood that the activity proposed to be conducted under the application would result in substantial harm to human health or human safety and that the department cannot adequately review the application within the period established under sub. (1) and provides written notice, which may be by electronic mail, to the applicant that states with particularity the facts on which those findings are based.

AB486-SSA1, s. 45 Section 45. 341.19 (4) of the statutes is amended to read:

AB486-SSA1,73,14 341.19 (4) The department shall promulgate rules to implement this section and shall promulgate any rule required under s. 85.16 (3).

AB486-SSA1, s. 46 Section 46. 343.02 (1) of the statutes is amended to read:

AB486-SSA1,73,21 343.02 (1) The department shall administer and enforce this chapter and may promulgate for that purpose such rules as the secretary considers necessary and shall promulgate any rule required under s. 85.16 (3). Rules promulgated under this chapter may not conflict with and shall be at least as stringent as standards set by the federal commercial motor vehicle safety act, 49 USC 31301 to 31317 and the regulations adopted under that act.

AB486-SSA1, s. 47 Section 47. 343.305 (6) (a) of the statutes is amended to read:

AB486-SSA1,74,10 343.305 (6) (a) Chemical analyses of blood or urine to be considered valid under this section shall have been performed substantially according to methods approved by the laboratory of hygiene and by an individual possessing a valid permit to perform the analyses issued by the department of health and family services. The department of health and family services shall, subject to s. 250.043, approve laboratories for the purpose of performing chemical analyses of blood or urine for alcohol, controlled substances or controlled substance analogs and shall develop and administer a program for regular monitoring of the laboratories. A list of approved laboratories shall be provided to all law enforcement agencies in the state. Urine specimens are to be collected by methods specified by the laboratory of hygiene. The laboratory of hygiene shall furnish an ample supply of urine and blood specimen containers to permit all law enforcement officers to comply with the requirements of this section.

AB486-SSA1, s. 48 Section 48. 343.305 (11) of the statutes is amended to read:

AB486-SSA1,74,17 343.305 (11) Rules. The department shall promulgate rules under ch. 227 necessary to administer this section and shall promulgate any rule required under s. 85.16 (3). The rules shall include provisions relating to the expeditious exchange of information under this section between the department and law enforcement agencies, circuit courts and district attorneys. The rules may not affect any provisions relating to court procedure.

AB486-SSA1, s. 49 Section 49. 440.03 (1m) of the statutes is repealed and recreated to read:

AB486-SSA1,74,24 440.03 (1m) (a) The department shall, by rule, establish periods within which the department and credentialing boards intend to grant, or determine not to grant, an application for an initial, reciprocal, or temporary credential and to renew, or determine not to renew, a credential. Any period established under rules promulgated under this paragraph shall be consistent with any applicable period specified by statute.

AB486-SSA1,75,7 (b) 1. Subject to par. (d), the department shall refund any fees paid by a person submitting an application specified in par. (a) if the department or a credentialing board fails to provide the person with written notice, which may be by electronic mail, that the department or credentialing board has granted or renewed, or determined not to grant or renew, the credential, including the specific facts upon which any determination not to grant or renew a credential is based, before the expiration of the period established under the rules promulgated under par. (a).

AB486-SSA1,75,15 1m. Subject to par. (d), if the department or a credentialling board fails to provide a person submitting an application specified in par. (a) with written notice, which may be by electronic mail, that the department or credentialling board has approved or disapproved the application before the expiration of the period established under par. (a), the applicant may choose to proceed under ch. 227 as though the department or credentialling board had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under par. (a).

AB486-SSA1,75,20 2. The department or a credentialing board may not determine not to grant an initial, reciprocal, or temporary credential, or to renew a credential, solely because the department or credentialing board is unable to complete its review of the application within the period established under the rules promulgated under par. (a).

AB486-SSA1,75,25 (c) In the rules under par. (a), the department shall specify a method for informing applicants of the periods established under par. (a). The department shall specify the method that it determines is the most cost-effective method available. The department is not required to notify an applicant if the department intends to approve or disapprove the application within 14 days after receiving the application.

AB486-SSA1,76,2 (d) The department may extend the period established under par. (a) because an application is incomplete if all of the following apply:

AB486-SSA1,76,5 1. Within 15 days after receiving the application, the department provides written notice, which may be by electronic mail, to the applicant describing specifically the information that must be provided to complete the application.

AB486-SSA1,76,7 2. The information under subd. 1. is directly related to eligibility for the credential or to terms or conditions of the credential.

AB486-SSA1,76,9 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the credential.