AB655-ASA2, s. 154 18Section 154. 30.29 (3) (d) of the statutes is amended to read:
AB655-ASA2,51,2319 30.29 (3) (d) Activities for which a permit is issued. A person or agent of a person
20who is issued a permit by the department while the person or agent is engaged in
21activities related to the purpose for which the permit is issued as authorized under
22a general or individual permit issued under this subchapter or as authorized under
23a contract entered into under this subchapter
.
AB655-ASA2, s. 155 24Section 155. 30.291 of the statutes is created to read:
AB655-ASA2,52,7
130.291 Inspections for certain exemptions and permitted activities. (1)
2For purposes of determining whether an exemption is appropriate under s. 30.12
3(2m) or (2r), 30.123 (6m) or (6r), or 30.20 (1m) or (1r), whether a general permit is
4appropriate under s. 30.206 (3), or whether authorization to proceed under a general
5permit is appropriate under s. 30.206 (3r), any employee or other representative of
6the department, upon presenting his or her credentials, may enter the site and
7inspect any property on the site.
AB655-ASA2,52,9 8(3) The department shall provide reasonable advance notice, before entering
9the site and inspecting the property.
AB655-ASA2,52,14 10(4) If the owner of the site refuses to give consent for an entry and inspection
11to determine whether authorization to proceed under a general permit is appropriate
12under s. 30.206 (3r), the department shall deny authorization to proceed under the
13general permit and shall allow an application to be submitted for an individual
14permit for the activity.
AB655-ASA2, s. 156 15Section 156. 30.298 (3) of the statutes is amended to read:
AB655-ASA2,52,1916 30.298 (3) Any person who violates a general permit under s. 30.206 shall
17forfeit not less than $10 nor more than $500 for the first offense and shall forfeit not
18less than $50 nor more than $500 upon conviction of the same offense a 2nd or
19subsequent time.
AB655-ASA2, s. 157 20Section 157. 84.18 (6) of the statutes is amended to read:
AB655-ASA2,53,1021 84.18 (6) Execution and control of work. Subject to s. 30.12 (4) 30.2022 and
22the control exercised by the United States, the construction under this section of any
23local bridge project shall be wholly under the supervision and control of the
24department. The secretary shall make and execute all contracts and have complete
25supervision over all matters pertaining to such construction and shall have the

1power to suspend or discontinue proceedings or construction relative to any bridge
2project at any time in the event any county, city, village or town fails to pay the
3amount required of it for any project eligible for construction under this section, or
4if the secretary determines that sufficient funds to pay the state's part of the cost of
5such bridge project are not available. All moneys provided by counties, cities,
6villages and towns shall be deposited in the state treasury, when required by the
7secretary, and paid out on order of the secretary. Any of the moneys deposited for a
8project eligible for construction under this section which remain in the state treasury
9after the completion of the project shall be repaid to the respective county, city, village
10or town in proportion to the amount each deposited.
AB655-ASA2, s. 158 11Section 158. 227.135 (1) (f) of the statutes is created to read:
AB655-ASA2,53,1412 227.135 (1) (f) A summary and preliminary comparison of any existing or
13proposed federal regulation that is intended to address the activities to be regulated
14by the rule.
AB655-ASA2, s. 159 15Section 159. 227.137 of the statutes is created to read:
AB655-ASA2,53,18 16227.137 Economic impact reports of proposed rules. (1) In this section,
17"agency" means the departments of agriculture, trade, and consumer protection;
18commerce; natural resources; transportation; and workforce development.
AB655-ASA2,54,8 19(2) After an agency publishes a statement of the scope of a proposed rule under
20s. 227.135, and before the agency submits the proposed rule to the legislative council
21for review under s. 227.15, a municipality, an association that represents a farm,
22labor, business, or professional group, or 5 or more persons that would be directly and
23uniquely affected by the proposed rule may submit a petition to the department of
24administration asking that the secretary of administration direct the agency to
25prepare an economic impact report for the proposed rule. The agency shall prepare

1an economic impact report before submitting the proposed rule to the legislative
2council staff under s. 227.15 if the secretary of administration directs the agency to
3prepare that report. The secretary of administration may direct the agency to
4prepare an economic impact report for the proposed rule before submitting the
5proposed rule to the legislative council staff under s. 227.15. The secretary of
6administration shall direct the agency to prepare an economic impact report for the
7proposed rule before submitting the proposed rule to the legislative council staff
8under s. 227.15 if the secretary determines that all of the following apply:
AB655-ASA2,54,129 (a) The petition was submitted to the department of administration no later
10than 90 days after the publication of the statement of the scope of the proposed rule
11under s. 227.135 (3) or no later than 10 days after publication of the notice for a public
12hearing under s. 227.17, whichever is earlier.
AB655-ASA2,54,1713 (b) The proposed rule would cost affected persons $20 million or more during
14each of the first 5 years after the rule's implementation to comply with the rule, or
15the rule would adversely affect in a material way the economy, a sector of the
16economy, productivity, competition, jobs, the environment, public health or safety, or
17state, local, or tribal governments or communities.
AB655-ASA2,54,25 18(3) An economic impact report shall contain information on the effect of the
19proposed rule on specific businesses, business sectors, and the state's economy.
20When preparing the report, the agency shall solicit information and advice from the
21department of commerce, and from governmental units, associations, businesses,
22and individuals that may be affected by the proposed rule. The agency may request
23information that is reasonably necessary for the preparation of an economic impact
24report from other state agencies, governmental units, associations, businesses, and
25individuals. The economic impact report shall include all of the following:
AB655-ASA2,55,2
1(a) An analysis and quantification of the problem, including any risks to public
2health or the environment, that the rule is intending to address.
AB655-ASA2,55,53 (b) An analysis and quantification of the economic impact of the rule, including
4costs reasonably expected to be incurred by the state, governmental units,
5associations, businesses, and affected individuals.
AB655-ASA2,55,76 (c) An analysis of benefits of the rule, including how the rule reduces the risks
7and addresses the problems that the rule is intended to address.
AB655-ASA2,55,9 8(4) The agency shall submit the economic impact report to the legislative
9council staff, to the department of administration, and to the petitioner.
AB655-ASA2,55,11 10(5) This section does not apply to emergency rules promulgated under s.
11227.24.
AB655-ASA2, s. 160 12Section 160. 227.138 of the statutes is created to read:
AB655-ASA2,55,14 13227.138 Department of administration review of proposed rules. (1)
14In this section:
AB655-ASA2,55,1515 (a) "Agency" has the meaning given in s. 227.137 (1).
AB655-ASA2,55,1616 (b) "Department" means the department of administration.
AB655-ASA2,55,1717 (c) "Economic impact report" means a report prepared under s. 227.137.
AB655-ASA2,55,23 18(2) If an economic impact report will be prepared under s. 227.137 (2) regarding
19a proposed rule, the department shall review the proposed rule and issue a report.
20The agency shall not submit a proposed rule to the legislative council staff for review
21under s. 227.15 (1) until the agency receives a copy of the department's report and
22the approval of the secretary of administration. The report shall include all of the
23following findings:
AB655-ASA2,55,2524 (a) That the economic impact report and the analysis required under s. 227.137
25(3) are supported by related documentation contained in the economic impact report.
AB655-ASA2,56,1
1(b) That the agency has statutory authority to promulgate the proposed rule.
AB655-ASA2,56,32 (c) That the proposed rule, including any administrative requirements, is
3consistent with and not duplicative of other state rules or federal regulations.
AB655-ASA2,56,74 (d) That the agency has adequately documented the factual data and analytical
5methodologies that the agency used in support of the proposed rule and the related
6findings that support the regulatory approach that the agency chose for the proposed
7rule.
AB655-ASA2,56,14 8(3) Before issuing a report under sub. (2), the department may return a
9proposed rule to the agency for further consideration and revision with a written
10explanation of why the proposed rule is returned. If the agency head disagrees with
11the department's reasons for returning the proposed rule, the agency head shall so
12notify the department in writing. The secretary of administration shall approve the
13proposed rule when the agency has adequately addressed the issues raised during
14the department's review of the rule.
AB655-ASA2,56,16 15(4) No person is entitled to judicial review of any action taken by the
16department under this section.
AB655-ASA2, s. 161 17Section 161. 227.14 (2) (a) of the statutes is amended to read:
AB655-ASA2,56,2018 227.14 (2) (a) An agency shall prepare in plain language an analysis of each
19proposed rule, which shall be printed with the proposed rule when it is published or
20distributed. The analysis shall include a all of the following:
AB655-ASA2,56,24 211. A reference to each statute that the proposed rule interprets, each statute
22that authorizes its promulgation, each related statute or related rule, and a an
23explanation of the agency's authority to promulgate the proposed rule under those
24statutes.
AB655-ASA2,56,25 252. A brief summary of the proposed rule.
AB655-ASA2, s. 162
1Section 162. 227.14 (2) (a) 3. of the statutes is created to read:
AB655-ASA2,57,42 227.14 (2) (a) 3. A summary of and preliminary comparison with any existing
3or proposed federal regulation that is intended to address the activities to be
4regulated by the proposed rule.
AB655-ASA2, s. 163 5Section 163. 227.14 (2) (a) 4. of the statutes is created to read:
AB655-ASA2,57,66 227.14 (2) (a) 4. A comparison of similar rules in adjacent states.
AB655-ASA2, s. 164 7Section 164. 227.14 (2) (a) 5. of the statutes is created to read:
AB655-ASA2,57,108 227.14 (2) (a) 5. A summary of the factual data and analytical methodologies
9that the agency used in support of the proposed rule and how any related findings
10support the regulatory approach chosen for the proposed rule.
AB655-ASA2, s. 165 11Section 165. 227.14 (2) (a) 6. of the statutes is created to read:
AB655-ASA2,57,1512 227.14 (2) (a) 6. Any analysis and supporting documentation that the agency
13used in support of the agency's determination of the rule's effect on small businesses
14under s. 227.114 or that was used when the agency prepared an economic impact
15report under s. 227.137 (3).
AB655-ASA2, s. 166 16Section 166. 227.14 (4) (b) 3. of the statutes is created to read:
AB655-ASA2,57,1917 227.14 (4) (b) 3. For rules that the agency determines may have a significant
18fiscal effect on the private sector, the anticipated costs that will be incurred by the
19private sector in complying with the rule.
AB655-ASA2, s. 167 20Section 167. 227.19 (3) (intro.) of the statutes is amended to read:
AB655-ASA2,58,221 227.19 (3) Form of report. (intro.) The report required under sub. (2) shall be
22in writing and shall include the proposed rule in the form specified in s. 227.14 (1),
23the material specified in s. 227.14 (2) to (4), a copy of any economic impact report
24prepared by the agency under s. 227.137, a copy of any report prepared by the

1department of administration under s. 227.138,
a copy of any recommendations of
2the legislative council staff, and an analysis. The analysis shall include:
AB655-ASA2, s. 168 3Section 168. 227.19 (3) (a) of the statutes is amended to read:
AB655-ASA2,58,64 227.19 (3) (a) A detailed statement explaining the need for basis and purpose
5of
the proposed rule, including how the proposed rule advances relevant statutory
6goals or purposes
.
AB655-ASA2, s. 169 7Section 169. 227.19 (3) (b) of the statutes is amended to read:
AB655-ASA2,58,118 227.19 (3) (b) An A summary of public comments to the proposed rule and the
9agency's response to those comments, and an
explanation of any modification made
10in the proposed rule as a result of public comments or testimony received at a public
11hearing.
AB655-ASA2, s. 170 12Section 170. 227.19 (3) (cm) of the statutes is created to read:
AB655-ASA2,58,1413 227.19 (3) (cm) Any changes to the analysis prepared under s. 227.14 (2) or the
14fiscal estimate prepared under s. 227.14 (4).
AB655-ASA2, s. 171 15Section 171. 227.43 (1g) of the statutes is created to read:
AB655-ASA2,58,2016 227.43 (1g) The administrator of the division of hearings and appeals shall
17establish a system for assigning hearing examiners to preside over any hearing
18under this section. The system shall ensure, to the extent practicable, that hearing
19examiners are assigned to different subjects on a rotating basis. The system may
20include the establishment of pools of examiners responsible for certain subjects.
AB655-ASA2, s. 172 21Section 172. 227.44 (2) (d) of the statutes is created to read:
AB655-ASA2,58,2422 227.44 (2) (d) If the subject of the hearing is a decision of the department of
23natural resources or the department of transportation, the name and title of the
24person who will conduct the hearing.
AB655-ASA2, s. 173 25Section 173. 227.483 of the statutes is created to read:
AB655-ASA2,59,6
1227.483 Costs upon frivolous claims. (1) If a hearing examiner finds, at
2any time during the proceeding, that an administrative hearing commenced or
3continued by a petitioner or a claim or defense used by a party is frivolous, the
4hearing examiner shall award the successful party the costs and reasonable attorney
5fees that are directly attributable to responding to the frivolous petition, claim, or
6defense.
AB655-ASA2,59,10 7(2) If the costs and fees awarded under sub. (1) are awarded against the party
8other than a public agency, those costs may be assessed fully against either the party
9or the attorney representing the party or may be assessed so that the party and the
10attorney each pay a portion of the costs and fees.
AB655-ASA2,59,12 11(3) To find a petition for a hearing or a claim or defense to be frivolous under
12sub. (1), the hearing examiner must find at least one of the following:
AB655-ASA2,59,1413 (a) That the petition, claim, or defense was commenced, used, or continued in
14bad faith, solely for purposes of harassing or maliciously injuring another.
AB655-ASA2,59,1815 (b) That the party or the party's attorney knew, or should have known, that the
16petition, claim, or defense was without any reasonable basis in law or equity and
17could not be supported by a good faith argument for an extension, modification, or
18reversal of existing law.
AB655-ASA2, s. 174 19Section 174. 227.53 (1) (a) 3. of the statutes is amended to read:
AB655-ASA2,60,820 227.53 (1) (a) 3. If the petitioner is a resident, the proceedings shall be held in
21the circuit court for the county where the petitioner resides, except that if the
22petitioner is an agency, the proceedings shall be in the circuit court for the county
23where the respondent resides and except as provided in ss. 73.0301 (2) (b) 2., 77.59
24(6) (b), 182.70 (6), and 182.71 (5) (g). The proceedings shall be in the circuit court for
25Dane County if
If the petitioner is a nonresident , the proceedings shall be held in the

1county where the property affected by the decision is located or, if no property is
2affected, in the county where the dispute arose
. If all parties stipulate and the court
3to which the parties desire to transfer the proceedings agrees, the proceedings may
4be held in the county designated by the parties. If 2 or more petitions for review of
5the same decision are filed in different counties, the circuit judge for the county in
6which a petition for review of the decision was first filed shall determine the venue
7for judicial review of the decision, and shall order transfer or consolidation where
8appropriate.
AB655-ASA2, s. 175 9Section 175. 236.16 (3) (d) (intro.) of the statutes is amended to read:
AB655-ASA2,60,2110 236.16 (3) (d) (intro.) All of the owners of all of the land adjacent to a public
11access established under par. (a) to an inland lake, as defined in s. 30.92 (1) (bk), may
12petition the city, village, town or county that owns the public access to construct
13shoreline erosion control measures. Subject to par. (e), the city, village, town or
14county shall construct the requested shoreline erosion control measures or request
15the department of natural resources to determine the need for shoreline erosion
16control measures. Upon receipt of a request under this paragraph from a city, village,
17town or county, the department of natural resources shall follow the notice and
18hearing
procedures in s. 30.02 (3) and (4) 30.208 (3) to (5). Subject to par. (e), the city,
19village, town or county shall construct shoreline erosion control measures as
20required by the department of natural resources if the department of natural
21resources determines all of the following:
AB655-ASA2, s. 176 22Section 176. 285.11 (9) of the statutes is amended to read:
AB655-ASA2,60,2423 285.11 (9) Prepare and adopt minimum standards for the emission of mercury
24compounds or metallic mercury into the air, consistent with s. 285.27 (2) (b).
AB655-ASA2, s. 177 25Section 177. 285.14 of the statutes is created to read:
AB655-ASA2,61,5
1285.14 State implementation plans. (1) Content. The department may not
2submit a control measure or strategy that imposes or may result in regulatory
3requirements to the federal environmental protection agency for inclusion in a state
4implementation plan under 42 USC 7410 unless the department has promulgated
5the control measure or strategy as a rule.
AB655-ASA2,61,18 6(2) Review by standing committees. At least 60 days before the department is
7required to submit a state implementation plan to the federal environmental
8protection agency, the department shall prepare, and provide to the standing
9committees of the legislature with jurisdiction over environmental matters, under
10s. 13.172 (3) a report that describes the proposed plan and contains all of the
11supporting documents that the department intends to submit with the plan. The
12department shall also submit to the revisor of statutes for publication in the
13administrative register a notice of availability of the report. If, within 30 days after
14the department provides the report, the chairperson of a standing committee to
15which the report was provided submits written comments on the report to the
16department, the secretary shall respond to the chairperson in writing within 15 days
17of receipt of the comments. This subsection does not apply to a modification to a state
18implementation plan relating to an individual source.
AB655-ASA2, s. 178 19Section 178. 285.17 (2) of the statutes is renumbered 285.17 (2) (a).
AB655-ASA2, s. 179 20Section 179. 285.17 (2) (b) of the statutes is created to read:
AB655-ASA2,62,921 285.17 (2) (b) Before issuing an operation permit that contains a monitoring
22requirement relating to the emissions from an air contaminant source, the
23department shall notify the applicant of the proposed monitoring requirement and
24give the applicant the opportunity to demonstrate to the administrator of the
25division of the department that administers this chapter that the proposed

1monitoring requirement is unreasonable considering, among other factors,
2monitoring requirements imposed on similar air contaminant sources. If the
3administrator determines that the monitoring requirement is unreasonable, the
4department may not impose the monitoring requirement. If the administrator
5determines that the monitoring requirement is reasonable, the applicant may obtain
6a review of that determination by the secretary. The secretary may not delegate this
7function to another person. If the secretary determines that the monitoring
8requirement is unreasonable, the department may not impose the monitoring
9requirement.
AB655-ASA2, s. 180 10Section 180. 285.21 (1) (b) of the statutes is renumbered 285.21 (1) (b) (intro.)
11and amended to read:
AB655-ASA2,62,1812 285.21 (1) (b) Standard to protect health or welfare. (intro.) If an ambient air
13quality standard for any air contaminant is not promulgated under section 109 of the
14federal clean air act, the department may promulgate an ambient air quality
15standard if the department finds that the standard is needed to provide adequate
16protection for public health or welfare. The department may not make this finding
17for an air contaminant unless the finding is supported with written documentation
18that includes all of the following:
AB655-ASA2, s. 181 19Section 181. 285.21 (1) (b) 1. to 4. of the statutes are created to read:
AB655-ASA2,62,2220 285.21 (1) (b) 1. A public health risk assessment that characterizes the types
21of stationary sources in this state that are known to emit the air contaminant and
22the population groups that are potentially at risk from the emissions.
AB655-ASA2,63,223 2. An analysis showing that members of population groups are subjected to
24levels of the air contaminant that are above recognized environmental health

1standards or will be subjected to those levels if the department fails to promulgate
2the proposed ambient air quality standard.
AB655-ASA2,63,63 3. An evaluation of options for managing the risks caused by the air
4contaminant considering risks, costs, economic impacts, feasibility, energy, safety,
5and other relevant factors, and a finding that the proposed ambient air quality
6standard reduces risks in the most cost-effective manner practicable.
AB655-ASA2,63,87 4. A comparison of the proposed ambient air quality standard with ambient air
8quality standards in Illinois, Indiana, Michigan, Minnesota, and Ohio.
AB655-ASA2, s. 182 9Section 182. 285.21 (4) of the statutes is amended to read:
AB655-ASA2,63,1710 285.21 (4) Impact of change in federal standards. If the ambient air
11increment or the ambient air quality standards in effect on April 30, 1980, under the
12federal clean air act are relaxed modified, the department shall alter the
13corresponding state standards unless it finds that the relaxed modified standards
14would not provide adequate protection for public health and welfare. The
15department may not make this finding for an ambient air quality standard unless
16the finding is supported with the written documentation required under sub. (1) (b)
171. to 4.
AB655-ASA2, s. 183 18Section 183. 285.23 (1) of the statutes is amended to read:
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