Amendment AA1-AB926

LRBa2580/1

RCT:kjf:pg

2003 - 2004 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2003 ASSEMBLY BILL 926

March 5, 2004 - Offered by Committee on Natural Resources.

AB926-AA1,1,1 At the locations indicated, amend the bill as follows:

AB926-AA1,1,2 1. Page 5, line12: after "(d)" insert "and (9) (d)".

AB926-AA1,1,5 2. Page 5, line 18: delete the material beginning with "under" and ending with "well" on line 19 and substitute "for a high capacity well described in s. 281.34 (4) (a) 1. to 3".

AB926-AA1,1,7 3. Page 6, line 5: delete that line and substitute "3. A class I, class II, or class III trout stream, other than a class I, class II, or class III trout stream".

AB926-AA1,1,9 4. Page 6, line 22: delete the material beginning with "current" and ending with "minimum of" on line 23, and substitute "flow of at least".

AB926-AA1,1,10 5. Page 7, line 8: after that line insert:

AB926-AA1,2,4 "(2m) Temporary dewatering wells. The department shall issue a single approval under sub. (2) for all high capacity wells constructed for one project, as determined by the department, for temporary dewatering of a construction site, including a construction site for a building, road, or utility. The department shall provide for amendments to a project under this subsection. A person applying for approval of high capacity wells for a project under this subsection is only required to pay one $500 fee.".

AB926-AA1,2,5 6. Page 7, line 13: after " review." insert "(a)".

AB926-AA1,2,7 7. Page 7, line 15: delete the material beginning with "to an action" and ending with "resources or" on line 17.

AB926-AA1,2,8 8. Page 7, line 21: substitute "1." for "(a)".

AB926-AA1,2,9 9. Page 7, line 22: substitute "2." for "(b)".

AB926-AA1,2,10 10. Page 7, line 22: before "95 percent" insert "more than".

AB926-AA1,2,11 11. Page 7, line 24: substitute "3." for "(c)".

AB926-AA1,2,12 12. Page 7, line 25: after that line insert:

AB926-AA1,2,16 "(b) If, under sub. (5) (b), (c), or (d), the department requests an environmental impact report under s. 23.11 (5) for a proposed high capacity well, the department may only request information in that report that relates to the decisions that the department makes under this section related to the proposed high capacity well.".

AB926-AA1,2,17 13. Page 8, line 4: after "unless it" insert "is able to include and".

AB926-AA1,2,18 14. Page 8, line 12: after "unless it" insert "is able to include and".

AB926-AA1,2,19 15. Page 8, line 19: after "well and" insert "is able to include and".

AB926-AA1,2,20 16. Page 9, line 3: after "unless it" insert "is able to include and".

AB926-AA1,2,21 17. Page 9, line 10: after "unless it" insert "is able to include and".

AB926-AA1,2,22 18. Page 9, line 17: after "well and" insert "is able to include and".

AB926-AA1,3,1 19. Page 10, line 11: delete "department may modify or rescind the".

AB926-AA1,3,3 20. Page 10, line 12: delete "if" and substitute "remains in effect unless the department modifies or rescinds the approval because".

AB926-AA1,3,5 21. Page 10, line 16: delete "and class II" and substitute ", class II, and class III".

AB926-AA1,3,10 22. Page 10, line 22: after "fishery." insert "The department shall identify as a class III trout stream a stream or portion of a stream that has marginal trout habitat with no natural reproduction of trout occurring, requiring annual stocking of trout to provide trout fishing, and generally without carryover of trout from one year to the next.".

AB926-AA1,3,11 23. Page 10, line 23: delete "or class II" and substitute ", class II, or class III".

AB926-AA1,3,13 24. Page 11, line 9: delete that line and substitute "of wells and replacement of wells, if necessary, and management strategies.".

AB926-AA1,3,14 25. Page 12, line 3: substitute "advisory" for "quantity".

AB926-AA1,3,15 26. Page 12, line 7: after that line insert:

AB926-AA1,3,21 "(d) If the department promulgates rules under par. (c) and the rules require mitigation in the same or a similar manner as under sub. (8) (d), the department may not require mitigation for a well under the rules unless the department provides funding for the full cost of the mitigation, except that full funding is not required if the department is authorized under ch. 280 to require the well to be abandoned because of issues regarding public health.".

AB926-AA1,3,22 27. Page 14, line 6: substitute "advisory" for "quantity".

AB926-AA1,3,23 28. Page 14, line 18: substitute "advisory" for "quantity".

AB926-AA1,4,1 29. Page 14, line 20: substitute "Three" for "Four".

AB926-AA1,4,2 30. Page 14, line 22: after that line insert:

AB926-AA1,4,3 "3g. One member appointed by the minority leader of the assembly.

AB926-AA1,4,4 3r. One member appointed by the minority leader of the senate.".

AB926-AA1,4,5 31. Page 14, line 24: delete "1. to" and substitute "2. and".

AB926-AA1,4,6 32. Page 15, line 4: after that line insert:

AB926-AA1,4,11 "(cm) The governor shall appoint one member of the groundwater advisory committee representing well drillers. The governor, the minority leader of the assembly, and the minority leader of the senate shall consult regarding the other 4 appointees under paragraph (b) 1., 3g., and 3r. to ensure that one represents each of the interests under paragraph (c) 1. to 4.".

AB926-AA1,4,12 33. Page 15, line 6: substitute "advisory" for "quantity".

AB926-AA1,4,13 34. Page 15, line 7: substitute "advisory" for "quantity".

AB926-AA1,4,14 35. Page 15, line 20: substitute "advisory" for "quantity".

AB926-AA1,4,18 36. Page 15, line 23: after "agencies." insert "The committee shall also recommend under this paragraph whether areas described in paragraph (e) 2. should be designated as groundwater management areas and, once designated, how and when to remove the designation of an area as a groundwater management area.".

AB926-AA1,4,19 37. Page 16, line 1: substitute "advisory" for "quantity".

AB926-AA1,4,20 38. Page 16, line 3: substitute "advisory" for "quantity".

AB926-AA1,4,22 39. Page 16, line 8: after "spring" insert ", and recommendations regarding the definition of spring in section 281.34 (1) (f) of the statutes, as created by this act".