Amendment SSA1-SB326

SB326-SSA1,15,3 30.206 (5) Failure to follow procedural requirements. Failure of an applicant to follow the procedural requirements of this section may result in forfeiture but may not, by itself, result in abatement of the activity.

SB326-SSA1, s. 51 Section 51. 30.206 (6) of the statutes is amended to read:

SB326-SSA1,15,8 30.206 (6) Request for individual permit. A person proposing an activity for which a general permit has been issued under this section or s. 30.2065 may request an individual permit under the applicable provisions of this subchapter or ch. 31 in lieu of seeking authorization under the general permit.

SB326-SSA1, s. 52 Section 52. 30.2065 (2) (a) of the statutes is amended to read:

SB326-SSA1,15,14 30.2065 (2) (a) Upon compliance with the requirements under subs. (3) and (4), the The department may issue a general permit to a person wishing to proceed with an activity. A permit issued under this subsection is in lieu of any permit or approval that would otherwise be required for that activity under this chapter or s. 31.02, 31.12, 31.33, 281.15, or 281.36.

SB326-SSA1, s. 53 Section 53. 30.2065 (2) (b) of the statutes is amended to read:

SB326-SSA1,15,20 30.2065 (2) (b) A general permit issued under this subsection is valid for a period of 5 years except that an activity that the department determines is authorized by a general permit remains authorized under the permit until the activity is completed. The department may renew or modify a general permit issued under this subsection.

SB326-SSA1, s. 54 Section 54. 30.2065 (3) to (9) of the statutes are repealed.

SB326-SSA1, s. 55 Section 55. 30.208 (2) of the statutes is renumbered 30.208 (2) (a) and amended to read:

SB326-SSA1,16,8 30.208 (2) (a) Review; no additional information required. In issuing individual permits or entering contracts under this subchapter, the department shall initially determine whether a complete application for the permit or contract has been submitted and, no later than review an application, and within 30 days after the application is submitted, the department shall determine that either the application is complete or that additional information is needed. If the department determines that the application is complete, the department shall notify the applicant in writing about the initial determination of completeness of that fact within the 30-day period, and the date on which the notice under this paragraph is sent shall be considered the date of closure for purposes of sub. (3) (a).

SB326-SSA1,16,20 (b) Additional information requested. If the department determines that the application is incomplete, the department shall notify the applicant in writing and may make only one request for additional information during the 30-day period specified in par. (a). Within 10 days after receiving all of the requested information from the applicant, the department shall notify the applicant in writing as to whether the application is complete. The date on which the 2nd notice under this paragraph is sent shall be set as the date of closure for purposes of sub. (3) (a). The department may request additional information from the applicant to supplement the application, but the department may not request items of information that are outside the scope of the original request unless the applicant and the department both agree. A request for any such additional information may not affect the date of closure.

SB326-SSA1,17,10 (c) Specificity of notice; limits on information. Any notice stating that an application has been determined to be incomplete or any other request for information that is sent under par. (b) shall state the reason for the determination or request and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the activity or project for which the application has been submitted. The rules promulgated under s. 299.05 apply only to applications for individual permits or contracts under this subchapter that the department has determined to be complete that are still needed.

SB326-SSA1, s. 56 Section 56. 30.208 (2) (d) of the statutes is created to read:

SB326-SSA1,17,15 30.208 (2) (d) Failure to meet time limits. If the department fails to meet the 30-day time limit under par. (a) or 10-day time limit under par. (b), the application shall be considered to have a date of closure that is the last day of that 30-day or 10-day time period for purposes of sub. (3) (a).

SB326-SSA1, s. 57 Section 57. 30.208 (3) (a) of the statutes is amended to read:

SB326-SSA1,17,24 30.208 (3) (a) Upon determination by the department under sub. (2), that an application submitted under sub. (1) is complete Within 15 days after the date of closure, as determined under sub. (2) (a) or (b), the department shall provide notice of complete pending application to interested and potentially interested members of the public, as determined by the department. The department shall provide the notice within 15 days after the determination that the application is complete. If the applicant has requested a public hearing as part of the submitted application, a notice of public hearing shall be part of the notice of complete pending application.

SB326-SSA1, s. 58 Section 58. 30.208 (3) (b) of the statutes is amended to read:

SB326-SSA1,18,5 30.208 (3) (b) If the notice of complete pending application does not contain a notice of public hearing, any person may request a public hearing in writing or the department may decide to hold a public hearing with or without a request being submitted if the department determines that there is a significant public interest in holding a hearing.

SB326-SSA1, s. 59 Section 59. 30.208 (3) (c) of the statutes is amended to read:

SB326-SSA1,18,12 30.208 (3) (c) A request for a public hearing under par. (b) must be submitted to the department or the department's decision to hold a public hearing must occur within 30 20 days after the department completes providing provides the notice of complete pending application. The department shall provide notice of public hearing within 15 days after the request for public hearing is submitted or the department makes its determination decision to hold a public hearing.

SB326-SSA1, s. 60 Section 60. 30.208 (3) (e) of the statutes is amended to read:

SB326-SSA1,18,23 30.208 (3) (e) Within 30 20 days after the public hearing is held period for public comment under sub. (4) (b) has ended or if no public hearing is held, within 30 days of the 30-day comment period under sub. (4) (a), the department shall render a decision, issuing, denying, or modifying the permit or approving or disapproving the contract that is the subject of the application submitted under sub. (1). If the decision issued by the department under this paragraph is a denial or disapproval, the department shall include in the decision the specific grounds and reasons as to how the applicable provisions of this subchapter were not met. If the denial or disapproval is based on an incomplete application, the department shall inform the applicant of the areas of the application that were incomplete.

SB326-SSA1, s. 61 Section 61. 30.208 (3) (f) of the statutes is created to read:

SB326-SSA1,19,6 30.208 (3) (f) If the department fails to comply with the time periods under par. (e), a decision issuing the permit, modifying the permit, or approving the contract shall be considered to be rendered. The permit that is issued or is modified, or the contract that is approved, shall authorize the activity as proposed by the applicant, but the department may impose terms and conditions on the permit or contract that are consistent with the applicant's basic proposal.

SB326-SSA1, s. 62 Section 62. 30.208 (4) (a) of the statutes is amended to read:

SB326-SSA1,19,15 30.208 (4) (a) The department shall provide a period for public comment after the department has provided a notice of complete pending application under sub. (3) (a), during which time any person may submit written comments with respect to the application for the permit or contract. The department shall retain all of the written comments submitted during this period and shall consider all of the comments in the formulation of the final decision on the application. The period for public comment shall end on the 30th day following the date on which the department completes providing the notice of complete pending application, except as provided in par. (b).

SB326-SSA1, s. 63 Section 63. 30.208 (5) (a) (intro.) of the statutes is amended to read:

SB326-SSA1,19,20 30.208 (5) (a) (intro.) The department shall, by rule, establish procedures for providing notices of complete pending applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1m). The procedures shall require all of the following:

SB326-SSA1, s. 64 Section 64. 30.208 (5) (a) 3. of the statutes is created to read:

SB326-SSA1,19,23 30.208 (5) (a) 3. That the notice be published on the department's Internet Web site.

SB326-SSA1, s. 65 Section 65. 30.208 (5) (b) (intro.) of the statutes is amended to read:

SB326-SSA1,20,4 30.208 (5) (b) (intro.) The department shall, by rule, prescribe the form and content of notices of complete pending applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1m). Each notice shall include all of the following information:

SB326-SSA1, s. 66 Section 66. 30.208 (5) (b) 3m. of the statutes is created to read:

SB326-SSA1,20,7 30.208 (5) (b) 3m. For a notice of public hearing under sub. (3), the time, date, and location of the hearing.

SB326-SSA1, s. 67 Section 67. 30.208 (5) (b) 3r. of the statutes is created to read:

SB326-SSA1,20,13 30.208 (5) (b) 3r. For a notice of pending application and a notice of public hearing under sub. (3), a brief, precise, easily understandable, plain language description of the subject matter of the pending application and information indicating where the pending application may be viewed on the department's Internet Web site.

SB326-SSA1, s. 68 Section 68. 30.208 (5) (b) 4. of the statutes is amended to read:

SB326-SSA1,20,18 30.208 (5) (b) 4. For a notice of complete pending application and a notice of public hearing under sub. (3), a statement of the tentative determination to issue, modify, or deny a permit, or to approve or disapprove a contract, for the activity or project described in the application.

SB326-SSA1, s. 69 Section 69. 30.208 (5) (b) 5. of the statutes is amended to read:

SB326-SSA1,20,23 30.208 (5) (b) 5. For a notice of complete pending application and a notice of public hearing under sub. (3), a brief description of the procedures for the formulation of final determinations, including a description of the comment period required under sub. (4).

SB326-SSA1, s. 70 Section 70. 30.208 (5) (bm) of the statutes is created to read:

SB326-SSA1,21,9 30.208 (5) (bm) For the purpose of determining the date on which notice is provided under this subsection, the date of the notice shall be the date on which the department first publishes the notice on its Internet Web site, unless the department delegates to the applicant under par. (c) the requirement to provide notice. If the department delegates to the applicant the requirement to provide notice, the date of the notice shall be the date on which the department first publishes the notice on its Internet Web site or 10 days after the date on which the department receives satisfactory proof of publication of a class 1 notice from the applicant, whichever is later.

SB326-SSA1, s. 71 Section 71. 30.208 (5) (c) (intro.) of the statutes is amended to read:

SB326-SSA1,21,13 30.208 (5) (c) (intro.) The department may delegate the department's requirement to provide notice under sub. (3) in the manner specified under par. (a) 1. or 2. or to provide notice under s. 30.209 (1m) by doing any of the following:

SB326-SSA1, s. 72 Section 72. 30.208 (5) (c) 2. of the statutes is amended to read:

SB326-SSA1,21,17 30.208 (5) (c) 2. That Requiring that the applicant for the permit or contract pay for the publication, mailing, or any other distribution costs of providing one or more of the notices.

SB326-SSA1, s. 73 Section 73. 30.209 (2) (a) of the statutes is amended to read:

SB326-SSA1,21,20 30.209 (2) (a) An administrative hearing under this subsection section shall be treated as a contested case under ch. 227.

SB326-SSA1, s. 74 Section 74. 30.209 (2) (b) of the statutes is amended to read:

SB326-SSA1,22,4 30.209 (2) (b) If a stay under sub. (1m) (c) is in effect, the hearing examiner shall, within 30 days after receipt of the referral under sub. (1m) (g), determine whether continuation of the stay is necessary to prevent significant adverse impacts or irreversible harm to the environment pending completion of the administrative hearing. The hearing examiner shall make the determination based on the request under sub. (1m) (c), any response from the applicant under sub. (1m) (e), and any testimony at a public hearing or any public comments. The determination shall be made without a hearing.

SB326-SSA1, s. 75 Section 75. 30.209 (2) (c) of the statutes is amended to read:

SB326-SSA1,22,11 30.209 (2) (c) A An administrative hearing under this section shall be completed within 90 days after receipt of the referral of the petition under sub. (1m) (g), unless all parties agree to an extension of that period. In addition, a hearing examiner may grant a one-time extension for the completion of the hearing of up to 60 days on the motion of any party and a showing of good cause demonstrating extraordinary circumstances justifying an extension.

SB326-SSA1, s. 76 Section 76. 30.209 (2) (d) (intro.) of the statutes is amended to read:

SB326-SSA1,22,15 30.209 (2) (d) (intro.) Notwithstanding s. 227.44 (1), the department shall provide a notice of the administrative hearing at least 30 days before the date of the hearing to all of the following:

SB326-SSA1, s. 77 Section 77. 30.209 (2) (e) of the statutes is created to read:

SB326-SSA1,22,19 30.209 (2) (e) In an administrative hearing under this section, the petitioner shall proceed first with the presentation of evidence and shall have the burden of proof.

SB326-SSA1, s. 78 Section 78. 30.2095 (1) (b) of the statutes is amended to read:

SB326-SSA1,22,25 30.2095 (1) (b) The department may specify a time limit of less than 3 years for a an individual permit or contract issued under ss. 30.01 to 30.29. For good cause, the The department may shall extend the time limit for a an individual permit or contract issued under ss. 30.01 to 30.29 for no longer than 2 an additional 5 years if the grantee requests an extension prior to expiration of the initial time limit.

SB326-SSA1, s. 79 Section 79. 30.28 (2v) of the statutes is created to read:

SB326-SSA1,23,8 30.28 (2v) Web site information fee. In addition to each fee charged under sub. (1), the department shall charge a supplemental fee to be used by the department to maintain a computerized system by which an applicant may determine the status of an application submitted under this subchapter. The department shall estimate the amount that the fee needs to be to provide sufficient funding for the cost of administering the computerized system. The department shall then set the fee to equal $3 or the amount of the estimated fee, whichever is less.

SB326-SSA1, s. 80 Section 80. 31.12 (5) of the statutes is created to read:

SB326-SSA1,23,13 31.12 (5) The department shall establish an expedited procedure for approval of plans for low hazard dams, as defined in s. 31.19 (1g) (b), under this section. The expedited procedure shall apply, in lieu of the procedure under this section, if the department determines that all of the following are satisfied:

SB326-SSA1,23,15 (a) The plan design is of a common construction and size or is for a minor addition to an existing dam.

SB326-SSA1,23,16 (b) The plan design is submitted by a registered professional engineer.

SB326-SSA1,23,18 (c) The plan design is submitted by a person who has designed similar dams and none of those similar dams has caused adverse impacts to the environment.

SB326-SSA1,23,20 (d) The plan design contains no unusual siting requirements or other unique design features.

SB326-SSA1,23,23 (e) The plan design is for a dam that is located entirely on land that the permit grantee owns or that is located entirely on land for which the permit grantee has acquired an easement.

SB326-SSA1,23,24 (f) The plan design is not likely to have an adverse impact on the environment.

SB326-SSA1, s. 81 Section 81. 84.01 (23) of the statutes is amended to read:

SB326-SSA1,24,7 84.01 (23) Bridge standards. The department shall adopt standards and specifications for the design and construction of county, town, village , and city bridges, arches or culverts. The standards and specifications shall be developed after consultation with the department of natural resources, and shall be directed at preventing undue impairment of public rights in navigable waters. All highway bridges, arches, and culverts constructed or reconstructed by a county, town, village, or city shall be done in accordance with these standards and specifications.

SB326-SSA1, s. 82 Section 82. 227.01 (13) (rt) of the statutes is amended to read:

SB326-SSA1,24,9 227.01 (13) (rt) Is a general permit issued under s. 30.206 or 30.2065.

SB326-SSA1, s. 83 Section 83. 281.346 (9) (b) 1. (intro.) of the statutes is amended to read:

SB326-SSA1,24,20 281.346 (9) (b) 1. (intro.) The department shall, by rule, create procedures for circulating providing to interested and potentially interested members of the public notices of each complete application that the department receives under sub. (5) to which the state decision-making standard under sub. (5m) or the compact decision-making standard under sub. (6) applies, other than an application from a person operating a public water supply system that is covered by an approved water supply service area plan under s. 281.348, and each complete application that the department receives under sub. (4) and of each general permit that the department proposes to issue under sub. (4s) (a). The department shall include, in the rule, at least the following procedures:

SB326-SSA1, s. 84 Section 84. 281.346 (9) (b) 1. c. of the statutes is created to read:

SB326-SSA1,24,23 281.346 (9) (b) 1. c. Publication of the notice through an electronic notification system established by the department.

SB326-SSA1, s. 85 Section 85. 281.346 (9) (b) 1. d. of the statutes is created to read:

SB326-SSA1,25,2 281.346 (9) (b) 1. d. Publication of the notice on the department's Internet Web site.

SB326-SSA1, s. 86 Section 86. 281.346 (9) (b) 2. d. of the statutes is created to read:

SB326-SSA1,25,5 281.346 (9) (b) 2. d. Information indicating where the complete application may be viewed on the department's Internet Web site.

SB326-SSA1, s. 87 Section 87. 281.346 (9) (bm) of the statutes is created to read:

SB326-SSA1,25,10 281.346 (9) (bm) Notice date. For the purpose of determining the date on which public notice is provided under this subsection, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of public notice.

SB326-SSA1, s. 88 Section 88. 281.346 (9) (d) 3. of the statutes is amended to read:

SB326-SSA1,25,21 281.346 (9) (d) 3. The department shall circulate provide public notice of any hearing held under this paragraph in the manner provided under par. (b) 1. The notice shall include the time, date, and location of the hearing, a summary of the subject matter of the application or proposed general permit, and information indicating where a copy of the application or proposed general permit that is the subject of the hearing may be found on the department's Internet Web site. The summary shall contain a brief, precise, easily understandable, plain language description of the subject matter of the application or proposed general permit. If the hearing concerns an application received by the department, the notice shall also include the name and address of the applicant.

SB326-SSA1, s. 89 Section 89. 281.41 (5) of the statutes is created to read:

SB326-SSA1,26,2 281.41 (5) The department shall establish an expedited procedure for approval of plans under this section. The expedited procedure shall apply, in lieu of the procedure under sub. (1) (b), if the department determines that all of the following are satisfied:

SB326-SSA1,26,4 (a) The plan design is of a common construction and size or is for a minor addition to an existing facility.

SB326-SSA1,26,5 (b) The plan design is submitted by a registered professional engineer.

SB326-SSA1,26,7 (c) The plan design is submitted by a person who has designed similar facilities and none of those similar facilities has caused adverse impacts to the environment.