Amendment SSA1-SB620

LRBs0370/1

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2009 - 2010 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2009 SENATE BILL 620

April 20, 2010 - Offered by Senator Kedzie.

SB620-SSA1,1,4 An Act to renumber and amend 196.03 (3) (a); to amend 196.03 (3) (b) 1.; and to create 13.83 (5), 196.03 (3) (ag), 196.03 (3) (c) and 281.34 (11) of the statutes; relating to: creating a special committee of the joint legislative council on groundwater and requiring the exercise of rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB620-SSA1, s. 1 Section 1. 13.83 (5) of the statutes is created to read:

SB620-SSA1,1,7 13.83 (5) Special committee on groundwater. (a) The joint legislative council shall, in each biennium, create a special committee on groundwater.

SB620-SSA1,1,8 (b) 1. The special committee shall be composed of the following:

SB620-SSA1,1,11 a. Five members appointed by the joint legislative council who are not legislators and who represent municipal, agricultural, environmental, business, and well-drilling interests.

SB620-SSA1,2,4 b. One member who is a majority member and one member who is a minority member of the senate. At least one of these members shall be a member of the standing committee generally responsible for legislation relating to environmental or natural resources issues.

SB620-SSA1,2,8 c. One member who is a majority member and one member who is a minority member of the assembly. At least one of these members shall be a member of the standing committee generally responsible for legislation relating to environmental or natural resources issues.

SB620-SSA1,2,10 2. The special committee shall be assisted by a technical advisory committee composed of members representing the following:

SB620-SSA1,2,11 a. The department of natural resources.

SB620-SSA1,2,12 b. The groundwater coordinating council.

SB620-SSA1,2,13 c. The geological and natural history survey.

SB620-SSA1,2,14 d. The University of Wisconsin System.

SB620-SSA1,2,17 (c) The joint legislative council shall pay the expenses incurred by the members appointed under par. (b) 1., in performing their functions on the special committee, from the appropriation under s. 20.765 (3) (e).

SB620-SSA1,2,19 (d) The joint legislative council may direct the special committee to do any of the following:

SB620-SSA1,2,22 1. Study, and make recommendations concerning, whether the council should submit for introduction legislation to rescind designation of a groundwater management area or groundwater attention area.

SB620-SSA1,2,25 2. Study any issue that relates to groundwater quantity, high capacity well regulation, the impact of groundwater withdrawals on springs, or water conservation.

SB620-SSA1,3,2 (e) The joint legislative council shall direct the special committee to do all of the following:

SB620-SSA1,3,4 1. Study whether the council should submit for introduction legislation to designate one or more of the following:

SB620-SSA1,3,7 a. A groundwater management area in this state where coordinated management is needed to avoid or mitigate significant adverse environmental impacts associated with excessive groundwater withdrawals.

SB620-SSA1,3,11 b. A groundwater attention area in this state where projected water use trends demonstrate that coordinated management is likely to be needed within the following 20 years to avoid or mitigate significant adverse environmental impacts associated with excessive groundwater withdrawals.

SB620-SSA1,3,14 2. Determine whether the springs inventory submitted by the department of natural resources under s. 281.34 (11) is complete and provide any certification required under s. 281.34 (11).

SB620-SSA1,3,22 3. Prepare a report on any bill that is introduced in either house of the legislature that proposes to designate a groundwater management area as described in subd. 1. a. or a groundwater attention area as described in subd. 1. b. if the bill is referred to a standing committee of the house in which it is introduced. If the bill is not referred to a standing committee, the speaker of the assembly, if the bill is introduced in the assembly, or the presiding officer of the senate, if the bill is introduced in the senate, may request the special committee to prepare a report on the bill.

SB620-SSA1,4,6 (em) If a bill that is introduced in either house of the legislature proposes to designate an area in this state as an area where coordinated management is needed, or is likely to be needed within the following 20 years, to avoid or mitigate significant adverse environmental impacts associated with excessive groundwater withdrawals, a standing committee to which the bill is referred may not vote on whether to recommend the bill for passage and the bill may not be passed by the house in which it is introduced before the special committee submits a report under under par. (e) 3. or before the 30th day after the speaker of the assembly or the presiding officer of the senate requests a report under par. (e) 3., whichever is earlier.

SB620-SSA1,4,12 (f) Before the joint legislative council may direct the special committee to study whether the council should submit for introduction legislation to designate an area as a groundwater management area or a groundwater attention area, the special committee shall study whether the 2 groundwater management areas designated under s. 281.34 (9) should continue to be designated as groundwater management areas.

SB620-SSA1,4,16 (g) If the special committee prepares a report under par. (e) 3. with regard to a bill that proposes to designate a groundwater management area in an area with a confined aquifer, the report shall make a finding of whether any of the following applies to that area:

SB620-SSA1,4,19 1. The groundwater potentiometric surface of the confined aquifer has been reduced 150 feet or more from the level at which the potentiometric surface would be if no groundwater had been pumped from the area.

SB620-SSA1,4,22 2. The groundwater potentiometric surface of the confined aquifer has been reduced to within 20 feet above the top of the aquitard bounding the upper surface of the confined aquifer.

SB620-SSA1,4,25 3. The water level in the majority of the high capacity wells, as defined in s. 281.34 (1) (b), that pump water from the confined aquifer is below the bottom of the confined aquifer's bounding aquitard when the pumps are in operation.

SB620-SSA1,5,2 4. The groundwater potentiometric surface of the confined aquifer is declining at a rate exceeding 5 feet per year averaged over a 10-year period.

SB620-SSA1,5,6 (h) If the groundwater committee prepares a report under par. (e) 3. with regard to a bill that proposes to designate a groundwater management area in an area with an unconfined aquifer, the report shall make a finding of whether any of the following applies to that area:

SB620-SSA1,5,10 1. The baseflow of the streams in the area has declined more than 10 percent from what the baseflow of the streams would be if no groundwater had been pumped from the area and that decline has resulted in significant adverse environmental impact.

SB620-SSA1,5,12 2. The water level of the unconfined aquifer is declining at a rate exceeding 5 feet per year averaged over a 10-year period.

SB620-SSA1,5,15 3. The withdrawal of groundwater in the area has caused a decline in the water table of one foot or more beneath, or adjacent to, lakes or wetlands in the area, as determined by use of groundwater flow modeling.

SB620-SSA1,5,19 (i) The chief clerk of the appropriate house of the legislature shall print a report prepared by the special committee under par. (e) 3. as an appendix to any bill that proposes to designate a groundwater management area or groundwater attention area and attach the report to the bill.

SB620-SSA1,5,22 (j) The special committee may hold hearings as needed to elicit information for making a report under par. (e) 3. All actions of the committee require the approval of a majority of all of its members.

SB620-SSA1,6,2 (k) If the special committee recommends that the joint legislative council submit for introduction legislation to designate a groundwater management area, the special committee shall include all of the following in the recommended legislation:

SB620-SSA1,6,4 1. A delineation of the area proposed to be designated as a groundwater management area.

SB620-SSA1,6,6 2. A target withdrawal quantity for the area proposed to be designated as a groundwater management area.

SB620-SSA1,6,10 3. A requirement that the county or counties in which the groundwater management area is located must develop a groundwater management plan for the groundwater management area and provide opportunities for public participation in the development of the plan.

SB620-SSA1,6,12 4. A date by which the county or counties in which the groundwater management area is located must develop a plan under subd. 3.

SB620-SSA1,6,13 5. A requirement that the plan under subd. 3. contain all of the following:

SB620-SSA1,6,14 a. Measurable goals.

SB620-SSA1,6,17 b. Requirements for the county or counties to report to the department of natural resources including requirements to report progress toward achieving a target withdrawal quantity.

SB620-SSA1,6,18 c. Opportunities for public participation in the implementation of the plan.

SB620-SSA1,6,19 d. Water conservation measures.

SB620-SSA1,6,23 6. If the special committee recommends that the joint legislative council submit for introduction legislation to designate a groundwater management area that is contained within more than one county, the special committee shall include all of the following in the recommended legislation:

SB620-SSA1,7,4 a. A requirement that the counties negotiate an agreement to provide for the appointment of a groundwater management council for the groundwater management area, including the size and method of appointment of members of the groundwater management council, selection of a chair or cochairs of the council, and a requirement that a groundwater management council be appointed as provided in the agreement.

SB620-SSA1,7,7 b. A requirement that the groundwater management council for the groundwater management area develop the groundwater management plan for the groundwater management area.

SB620-SSA1,7,10 c. A provision authorizing the groundwater management council to contract with another entity, including a regional planning commission, for assistance in preparing a groundwater management plan.

SB620-SSA1,7,13 7. A requirement that the groundwater management plan, if prepared by a groundwater management council, be submitted to the county boards of the counties in which the groundwater management area is located for approval or modification.

SB620-SSA1,7,17 8. A requirement that if a groundwater management plan that is prepared by a groundwater management council is approved by the county boards in which the groundwater management area is located, the chief executives must submit the plan to the department of natural resources for review.

SB620-SSA1,7,20 9. A requirement that if a groundwater management plan is prepared for a groundwater management area located in one county, the chief executive for that county must submit the plan to the department of natural resources for review.

SB620-SSA1,7,23 10. A requirement that the department of natural resources review a plan submitted as required under subd. 8. or 9. and approve, disapprove, or modify the plan.

SB620-SSA1,8,5 11. A requirement that if the department of natural resources does not approve a groundwater management plan submitted as required under subd. 8. or 9., the department provide reasons for its disapproval and make recommendations to the county or counties to consider as revisions to the plan to ensure that the groundwater management area will no longer require coordinated management to avoid or mitigate significant adverse environmental impacts associated with excessive groundwater withdrawals.

SB620-SSA1,8,8 12. A requirement that the department of natural resources prepare a model groundwater management plan for the designated groundwater management area by a specified date.

SB620-SSA1,8,11 13. A provision that authorizes a county to adopt the model plan prepared by the department of natural resources under subd. 12. by resolution of the county board.

SB620-SSA1,8,16 14. A requirement that a person operating a public water supply system that serves a population of 10,000 or more and that withdraws water from the groundwater management area must have an approved plan under s. 281.348 no later than the first day of the 49th month beginning after the date on which the groundwater management area is designated.

SB620-SSA1,8,24 15. Provisions for ensuring that a person operating a public water supply system that withdraws water from the groundwater management area has an approved plan under s. 281.348 that is not, or revises or modifies an existing plan under s. 281.348 so that it is not, significantly inconsistent with the groundwater management plan, including a requirement that if the department of natural resources notifies the person operating the public water supply system that a plan under s. 281.348 is disapproved, the department of natural resources must include recommendations for revising that plan.

SB620-SSA1,9,3 (L) If the special committee recommends that the joint legislative council submit for introduction legislation to designate a groundwater attention area, the special committee shall include all of the following in the recommended legislation:

SB620-SSA1,9,5 1. A delineation of the area proposed to be designated as a groundwater attention area.

SB620-SSA1,9,7 2. A target withdrawal quantity for the area proposed to be designated as a groundwater attention area.

SB620-SSA1,9,10 3. A provision that authorizes a county or counties in which the groundwater attention area is located to develop a strategy plan for the groundwater attention area.

SB620-SSA1,9,14 4. A requirement that if a county or counties in which the groundwater attention area is located develop a strategy plan as authorized under subd. 3., the county or counties must provide opportunities for public participation in the development of the strategy plan.

SB620-SSA1,9,16 5. A requirement that if a county or counties develop a strategy plan as authorized under subd. 3., the strategy plan must include all of the following:

SB620-SSA1,9,18 a. Methods, programs, and initiatives to address potential water supply problems in the groundwater attention area.

SB620-SSA1,9,22 b. Goals to ensure that the groundwater attention area will not require coordinated management to avoid or mitigate significant adverse environmental impacts associated with excessive groundwater withdrawals within the following 20 years.

SB620-SSA1,9,25 6. If the groundwater attention area is located in more than one county, a provision that authorizes the counties to negotiate an agreement that provides for the appointment of a groundwater task force for the groundwater attention area and that specifies the size and method of appointment of members of the task force.

SB620-SSA1,10,5 7. A provision that specifies that if the counties in which a groundwater attention area is located appoint a groundwater task force, the task force may develop a strategy plan for the groundwater attention area.

SB620-SSA1,10,8 8. A provision that authorizes a groundwater task force to contract with another entity, including a regional planning commission, for assistance in preparing a strategy plan.