Amendment ASA1-AB655

AB655-ASA1,54,17 227.14 (2) (a) An agency shall prepare in plain language an analysis of each proposed rule, which shall be printed with the proposed rule when it is published or distributed. The analysis shall include a all of the following:

AB655-ASA1,54,21 1. A reference to each statute that the proposed rule interprets, each statute that authorizes its promulgation, each related statute or related rule, and a an explanation of the agency's authority to promulgate the proposed rule under those statutes.

AB655-ASA1,54,22 2. A brief summary of the proposed rule.

AB655-ASA1, s. 164 Section 164. 227.14 (2) (a) 3. of the statutes is created to read:

AB655-ASA1,55,3 227.14 (2) (a) 3. A summary of and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule.

AB655-ASA1, s. 165 Section 165. 227.14 (2) (a) 4. of the statutes is created to read:

AB655-ASA1,55,5 227.14 (2) (a) 4. A comparison of similar rules in adjacent states.

AB655-ASA1, s. 166 Section 166. 227.14 (2) (a) 5. of the statutes is created to read:

AB655-ASA1,55,9 227.14 (2) (a) 5. A summary of the factual data and analytical methodologies that the agency used in support of the proposed rule and how any related findings support the regulatory approach chosen for the proposed rule.

AB655-ASA1, s. 167 Section 167. 227.14 (2) (a) 6. of the statutes is created to read:

AB655-ASA1,55,14 227.14 (2) (a) 6. Any analysis and supporting documentation that the agency used in support of the agency's determination of the rule's effect on small businesses under s. 227.114 or that was used when the agency prepared an economic impact report under s. 227.137 (3).

AB655-ASA1, s. 168 Section 168. 227.14 (4) (b) 3. of the statutes is created to read:

AB655-ASA1,55,18 227.14 (4) (b) 3. For rules that the agency determines may have a significant fiscal effect on the private sector, the anticipated costs that will be incurred by the private sector in complying with the rule.

AB655-ASA1, s. 169 Section 169. 227.19 (3) (intro.) of the statutes is amended to read:

AB655-ASA1,55,25 227.19 (3) Form of report. (intro.) The report required under sub. (2) shall be in writing and shall include the proposed rule in the form specified in s. 227.14 (1), the material specified in s. 227.14 (2) to (4), a copy of any economic impact report prepared by the agency under s. 227.137, a copy of any report prepared by the department of administration under s. 227.138, a copy of any recommendations of the legislative council staff, and an analysis. The analysis shall include:

AB655-ASA1, s. 170 Section 170. 227.19 (3) (a) of the statutes is amended to read:

AB655-ASA1,56,4 227.19 (3) (a) A detailed statement explaining the need for basis and purpose of the proposed rule, including how the proposed rule advances relevant statutory goals or purposes.

AB655-ASA1, s. 171 Section 171. 227.19 (3) (b) of the statutes is amended to read:

AB655-ASA1,56,9 227.19 (3) (b) An A summary of public comments to the proposed rule and the agency's response to those comments, and an explanation of any modification made in the proposed rule as a result of public comments or testimony received at a public hearing.

AB655-ASA1, s. 172 Section 172. 227.19 (3) (cm) of the statutes is created to read:

AB655-ASA1,56,12 227.19 (3) (cm) Any changes to the analysis prepared under s. 227.14 (2) or the fiscal estimate prepared under s. 227.14 (4).

AB655-ASA1, s. 173 Section 173. 227.43 (1g) of the statutes is created to read:

AB655-ASA1,56,18 227.43 (1g) The administrator of the division of hearings and appeals shall establish a system for assigning hearing examiners to preside over any hearing under this section. The system shall ensure, to the extent practicable, that hearing examiners are assigned to different subjects on a rotating basis. The system may include the establishment of pools of examiners responsible for certain subjects.

AB655-ASA1, s. 174 Section 174. 227.44 (2) (d) of the statutes is created to read:

AB655-ASA1,56,20 227.44 (2) (d) The name and title of the person who will conduct the hearing.

AB655-ASA1, s. 175 Section 175. 227.46 (1) (intro.) of the statutes is amended to read:

AB655-ASA1,57,3 227.46 (1) (intro.) Except as provided under s. 227.43 (1), an agency may designate an official of the agency or an employee on its staff or borrowed from another agency under s. 20.901 or 230.047 as a hearing examiner to preside over any contested case. In hearings under s. 19.52, a reserve judge shall be appointed. A hearing examiner does not have authority to address whether a statute or administrative rule is constitutional. Subject to rules of the agency, examiners presiding at hearings may:

AB655-ASA1, s. 176 Section 176. 227.483 of the statutes is created to read:

AB655-ASA1,57,9 227.483 Costs upon frivolous claims. (1) If a hearing examiner finds, at any time during the proceeding, that an administrative hearing commenced or continued by a petitioner or a claim or defense used by a party is frivolous, the hearing examiner shall award the successful party his or her costs, as determined under s. 814.04, and reasonable attorney fees.

AB655-ASA1,57,13 (2) If the costs and fees awarded under sub. (1) are awarded against the party other than a public agency, those costs may be assessed fully against either the party or the attorney representing the party or may be assessed so that the party and the attorney each pay a portion of the costs and fees.

AB655-ASA1,57,15 (3) To find a petition for a hearing or a claim or defense to be frivolous under sub. (1), the hearing examiner must find at least one of the following:

AB655-ASA1,57,17 (a) That the petition, claim, or defense was commenced, used, or continued in bad faith, solely for purposes of harassing or maliciously injuring another.

AB655-ASA1,57,21 (b) That the party or the party's attorney knew, or should have known, that the petition, claim, or defense was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification, or reversal of existing law.

AB655-ASA1, s. 177 Section 177. 227.53 (1) (a) 3. of the statutes is amended to read:

AB655-ASA1,58,11 227.53 (1) (a) 3. If the petitioner is a resident, the proceedings shall be held in the circuit court for the county where the petitioner resides, except that if the petitioner is an agency, the proceedings shall be in the circuit court for the county where the respondent resides and except as provided in ss. 73.0301 (2) (b) 2., 77.59 (6) (b), 182.70 (6), and 182.71 (5) (g). The proceedings shall be in the circuit court for Dane County if If the petitioner is a nonresident , the proceedings shall be held in the county where the property affected by the decision is located or, if no property is affected, in the county where the dispute arose. If all parties stipulate and the court to which the parties desire to transfer the proceedings agrees, the proceedings may be held in the county designated by the parties. If 2 or more petitions for review of the same decision are filed in different counties, the circuit judge for the county in which a petition for review of the decision was first filed shall determine the venue for judicial review of the decision, and shall order transfer or consolidation where appropriate.

AB655-ASA1, s. 178 Section 178. 236.16 (3) (d) (intro.) of the statutes is amended to read:

AB655-ASA1,58,24 236.16 (3) (d) (intro.) All of the owners of all of the land adjacent to a public access established under par. (a) to an inland lake, as defined in s. 30.92 (1) (bk), may petition the city, village, town or county that owns the public access to construct shoreline erosion control measures. Subject to par. (e), the city, village, town or county shall construct the requested shoreline erosion control measures or request the department of natural resources to determine the need for shoreline erosion control measures. Upon receipt of a request under this paragraph from a city, village, town or county, the department of natural resources shall follow the notice and hearing procedures in s. 30.02 (3) and (4) 30.208 (3) to (5). Subject to par. (e), the city, village, town or county shall construct shoreline erosion control measures as required by the department of natural resources if the department of natural resources determines all of the following:

AB655-ASA1, s. 179 Section 179. 285.11 (9) of the statutes is amended to read:

AB655-ASA1,59,2 285.11 (9) Prepare and adopt minimum standards for the emission of mercury compounds or metallic mercury into the air, consistent with s. 285.27 (2) (b).

AB655-ASA1, s. 180 Section 180. 285.14 of the statutes is created to read:

AB655-ASA1,59,7 285.14 State implementation plans. (1) Content. The department may not submit a control measure or strategy to the federal environmental protection agency for inclusion in a state implementation plan under 42 USC 7410 unless the department has promulgated the control measure or strategy as a rule.

AB655-ASA1,59,20 (2) Review by standing committees. At least 60 days before the department is required to submit a state implementation plan to the federal environmental protection agency, the department shall prepare, and provide to the standing committees of the legislature with jurisdiction over environmental matters, under s. 13.172 (3) a report that describes the proposed plan and contains all of the supporting documents that the department intends to submit with the plan. The department shall also submit to the revisor of statutes for publication in the administrative register a notice of availability of the report. If, within 30 days after the department provides the report, the chairperson of a standing committee to which the report was provided submits written comments on the report to the department, the secretary shall respond to the chairperson in writing within 15 days of receipt of the comments. This subsection does not apply to a modification to a state implementation plan relating to an individual source.

AB655-ASA1, s. 181 Section 181. 285.17 (2) of the statutes is renumbered 285.17 (2) (a).

AB655-ASA1, s. 182 Section 182. 285.17 (2) (b) of the statutes is created to read:

AB655-ASA1,60,11 285.17 (2) (b) Before issuing an operation permit that contains a monitoring requirement relating to the emissions from an air contaminant source, the department shall notify the applicant of the proposed monitoring requirement and give the applicant the opportunity to demonstrate to the administrator of the division of the department that administers this chapter that the proposed monitoring requirement is unreasonable considering, among other factors, monitoring requirements imposed on similar air contaminant sources by other states. If the administrator determines that the monitoring requirement is unreasonable, the department may not impose the monitoring requirement. If the administrator determines that the monitoring requirement is reasonable, the applicant may obtain a review of that determination by the secretary. The secretary may not delegate this function to another person. If the secretary determines that the monitoring requirement is unreasonable, the department may not impose the monitoring requirement.

AB655-ASA1, s. 183 Section 183. 285.21 (1) (b) of the statutes is renumbered 285.21 (1) (b) (intro.) and amended to read:

AB655-ASA1,60,20 285.21 (1) (b) Standard to protect health or welfare. (intro.) If an ambient air quality standard for any air contaminant is not promulgated under section 109 of the federal clean air act, the department may promulgate an ambient air quality standard if the department finds that the standard is needed to provide adequate protection for public health or welfare. The department may not make this finding for an air contaminant unless the finding is supported with written documentation that includes all of the following:

AB655-ASA1, s. 184 Section 184. 285.21 (1) (b) 1. to 4. of the statutes are created to read:

AB655-ASA1,60,24 285.21 (1) (b) 1. A public health risk assessment that characterizes the types of stationary sources in this state that are known to emit the air contaminant and the population groups that are potentially at risk from the emissions.

AB655-ASA1,61,3 2. An analysis showing that members of population groups are subjected to levels of the air contaminant that are above recognized environmental health standards.

AB655-ASA1,61,7 3. An evaluation of options for managing the risks caused by the air contaminant considering risks, costs, economic impacts, feasibility, energy, safety, and other relevant factors, and a finding that the proposed ambient air quality standard reduces risks in the most cost-effective manner practicable.

AB655-ASA1,61,10 4. A comparison of regulatory programs reasonably expected to meet the proposed ambient air quality standard with ambient air quality regulatory programs in Illinois, Indiana, Michigan, Minnesota, or Ohio.

AB655-ASA1, s. 185 Section 185. 285.21 (4) of the statutes is amended to read:

AB655-ASA1,61,19 285.21 (4) Impact of change in federal standards. If the ambient air increment or the ambient air quality standards in effect on April 30, 1980, under the federal clean air act are relaxed modified, the department shall alter the corresponding state standards unless it finds that the relaxed modified standards would not provide adequate protection for public health and welfare. The department may not make this finding for an ambient air quality standard unless the finding is supported with the written documentation required under sub. (1) (b) 1. to 4.

AB655-ASA1, s. 186 Section 186. 285.23 (1) of the statutes is amended to read:

AB655-ASA1,62,4 285.23 (1) Procedures and criteria. The department shall promulgate by rule procedures and criteria to identify a nonattainment area and to reclassify a nonattainment area as an attainment area. After the effective date of this subsection .... [revisor inserts date], the department may not identify a county as part of a nonattainment area or recommend that a county be designated as part of a nonattainment area under the federal clean air act if the concentration of an air contaminant in the atmosphere does not exceed an ambient air quality standard, unless under the federal clean air act the county is required to be designated as part of a nonattainment area.

AB655-ASA1, s. 187 Section 187. 285.23 (2) of the statutes is amended to read:

AB655-ASA1,62,10 285.23 (2) Documents. The department shall issue documents from time to time which define or list specific nonattainment areas or recommend that areas be designated as nonattainment areas under the federal clean air act based upon the procedures and criteria promulgated under sub. (1). Notwithstanding ss. 227.01 (13) and 227.10 (1), documents issued under this subsection are not rules.

AB655-ASA1, s. 188 Section 188. 285.23 (6) of the statutes is created to read:

AB655-ASA1,62,23 285.23 (6) Report to standing committees. Before the department issues documents under sub. (2) and at least 60 days before the governor is required to make a submission on a nonattainment designation under 42 USC 7407 (d) (1) (A), the department shall prepare, and provide to the standing committees of the legislature with jurisdiction over environmental matters under s. 13.172 (3), a report that contains a description of any area proposed to be identified as a nonattainment area and supporting documentation. The department shall also submit to the revisor of statutes for publication in the administrative register a notice of availability of the report. If, within 30 days after the department submits the report, the chairperson of a standing committee to which the report was provided submits written comments on the report to the department, the secretary shall respond to the chairperson in writing within 15 days of receipt of the comments.

AB655-ASA1, s. 189 Section 189. 285.27 (1) (a) of the statutes is amended to read:

AB655-ASA1,63,6 285.27 (1) (a) Similar to federal standard. If a standard of performance for new stationary sources is promulgated under section 111 of the federal clean air act, the department shall promulgate by rule a similar emission standard, including administrative requirements that are consistent with the federal administrative requirements, but this standard may not be more restrictive in terms of emission limitations than the federal standard except as provided under sub. (4).

AB655-ASA1, s. 190 Section 190. 285.27 (2) (a) of the statutes is amended to read:

AB655-ASA1,63,13 285.27 (2) (a) Similar to federal standard. If an emission standard for a hazardous air contaminant is promulgated under section 112 of the federal clean air act, the department shall promulgate by rule a similar standard, including administrative requirements that are consistent with the federal administrative requirements, but this standard may not be more restrictive in terms of emission limitations than the federal standard except as provided under sub. (4).

AB655-ASA1, s. 191 Section 191. 285.27 (2) (b) of the statutes is renumbered 285.27 (2) (b) (intro.) and amended to read:

AB655-ASA1,63,22 285.27 (2) (b) Standard to protect public health or welfare. (intro.) If an emission standard for a hazardous air contaminant is not promulgated under section 112 of the federal clean air act, the department may promulgate an emission standard for the hazardous air contaminant if the department finds the standard is needed to provide adequate protection for public health or welfare. The department may not make this finding for a hazardous air contaminant unless the finding is supported with written documentation that includes all of the following:

AB655-ASA1, s. 192 Section 192. 285.27 (2) (b) 1. to 4. of the statutes are created to read:

AB655-ASA1,64,2 285.27 (2) (b) 1. A public health risk assessment that characterizes the types of stationary sources in this state that are known to emit the hazardous air contaminant and the population groups that are potentially at risk from the emissions.

AB655-ASA1,64,5 2. An analysis showing that members of population groups are subjected to levels of the hazardous air contaminant that are above recognized environmental health standards.

AB655-ASA1,64,9 3. An evaluation of options for managing the risks caused by the hazardous air contaminant considering risks, costs, economic impacts, feasibility, energy, safety, and other relevant factors, and a finding that the chosen compliance alternative reduces risks in the most cost-effective manner practicable.

AB655-ASA1,64,12 4. A comparison of the requirements related to emission standards for hazardous air contaminants in this state to hazardous air contaminant regulatory programs in Illinois, Indiana, Michigan, Minnesota, and Ohio.

AB655-ASA1, s. 193 Section 193. 285.27 (2) (d) of the statutes is created to read:

AB655-ASA1,64,21 285.27 (2) (d) Emissions regulated under federal law. Emissions limitations promulgated under par. (b) and related control requirements do not apply to hazardous air contaminants emitted by emissions units, operations, or activities that are regulated by an emission standard promulgated under the federal clean air act, including a hazardous air contaminant that is regulated under the federal clean air act by virtue of regulation of another substance as a surrogate for the hazardous air contaminant or by virtue of regulation of a species or category of hazardous air contaminants that includes the hazardous air contaminant.

AB655-ASA1, s. 194 Section 194. 285.27 (4) of the statutes is amended to read:

AB655-ASA1,65,8 285.27 (4) Impact of change in federal standards. If the standards of performance for new stationary sources or the emission standards for hazardous air contaminants under the federal clean air act are relaxed, the department shall alter the corresponding state standards unless it finds that the relaxed standards would not provide adequate protection for public health and welfare. The department may not make this finding for an emission standard for a hazardous air contaminant unless the finding is supported with the written documentation required under sub. (2) (b) 1. to 4. This subsection applies to state standards of performance for new stationary sources and emission standards for hazardous air contaminants in effect on April 30, 1980, if the relaxation in the corresponding federal standards occurs after April 30, 1980.

AB655-ASA1, s. 195 Section 195. 285.60 (1) (a) 1. of the statutes is amended to read:

AB655-ASA1,65,12 285.60 (1) (a) 1. Except as provided in sub. (5m) or (6), no person may commence construction, reconstruction, replacement or modification of a stationary source unless the person has a construction permit from the department.

AB655-ASA1, s. 196 Section 196. 285.60 (2g) of the statutes is created to read:

AB655-ASA1,65,22 285.60 (2g) Registration permits. (a) Rules. Subject to sub. (8), the department shall promulgate rules specifying a simplified process under which the department may issue a registration permit authorizing construction or operation or both for a stationary source with low actual emissions if the owner or operator provides to the department, on a form prescribed by the department, sufficient information to show that the source qualifies for a registration permit. In the rules, the department shall include criteria for identifying categories of sources the owners or operators of which may elect to obtain registration permits and general requirements applicable to sources that qualify for registration permits.

AB655-ASA1,66,2 (b) Procedure. The procedural requirements of ss. 285.61 (2) to (8) and 285.62 (2) to (7) do not apply to a registration permit under this subsection. Within 15 days after receipt of the form prescribed by the department, the department shall provide one of the following to an applicant for a registration permit:

AB655-ASA1,66,4 1. Written notice of the department's determination that the source qualifies for a registration permit.

AB655-ASA1,66,6 2. A written description of any information that is missing from the application for a registration permit.

AB655-ASA1,66,9 3. Written notice of the department's determination that the source does not qualify for a registration permit, specifically describing the reasons for that determination.

AB655-ASA1, s. 197 Section 197. 285.60 (2m) of the statutes is repealed.

AB655-ASA1, s. 198 Section 198. 285.60 (3) of the statutes is repealed and recreated to read:

AB655-ASA1,66,16 285.60 (3) General permits. (a) Rules. The department shall promulgate rules for the issuance of general permits authorizing construction or operation or both for similar stationary sources. In the rules, the department shall specify criteria for identifying categories of sources for which the department may issue general permits and general requirements applicable to sources that qualify for general permits.

AB655-ASA1,66,21 (b) Procedure. The procedural requirements of ss. 285.61 (2) to (8) and 285.62 (2) to (5) do not apply to the determination of whether a source is covered by a general permit under this subsection. Within 15 days after receipt of an application for coverage under a general permit, the department shall provide one of the following to the applicant:

AB655-ASA1,66,23 1. Written notice of the department's determination that the source qualifies for coverage under the general permit.

AB655-ASA1,66,25 2. A written description of any information that is missing from the application for coverage under the general permit.