LRBa2590/1
MGG/RNK/RCT:all:ph
2011 - 2012 LEGISLATURE
SENATE AMENDMENT 2,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 2011 SENATE BILL 326
March 5, 2012 - Offered by Senators
Kedzie and Cowles.
SB326-SSA1-SA2,1,1110
30.206
(1) (aj) Paragraph (ag) applies only to general permits issued under par.
11(a).".
SB326-SSA1-SA2,2,5
16. Page 11, line 24: after "subchapter." insert "In issuing general permits
2under this paragraph, the department shall establish requirements and conditions
3to ensure that the activities subject to the permit will cause only minimal adverse
4environmental impacts, will not materially interfere with navigation, and will not
5have an adverse impact on the riparian property rights of adjacent riparian owners.".
SB326-SSA1-SA2,2,7
7"
Section 43m. 30.206 (1) (c) of the statutes is renumbered 30.206 (1) (ag).".
SB326-SSA1-SA2,2,1010
30.206
(5m) Legislative review of general permits. (a) In this subsection:
SB326-SSA1-SA2,2,1311
1. "Appropriate senate committee" means the standing committee of the senate
12with jurisdiction over natural resources matters as determined by the presiding
13officer of the senate.
SB326-SSA1-SA2,2,1614
2. "Appropriate assembly committee" means the standing committee of the
15assembly with jurisdiction over natural resources matters as determined by the
16presiding officer of the assembly.
SB326-SSA1-SA2,2,2117
(b) If, by a majority vote of a quorum of the appropriate senate committee and
18the appropriate assembly committee, each of those committees suspends any general
19permit, the committees shall jointly publish a Class 1 notice under ch. 985 of the
20suspension in the official state newspaper and give any other notice that the
21committees consider appropriate.
SB326-SSA1-SA2,3,822
(c) If the appropriate senate committee and the appropriate assembly
23committee suspend a general permit as provided in par. (b), each of the committees
24shall, within 30 days after the suspension, meet and take executive action regarding
1the introduction in the respective house of the legislature of a bill to support the
2suspension. The appropriate senate committee and the appropriate assembly
3committee shall each introduce a bill within 5 working days after taking executive
4action in favor of introduction of the respective bill unless the bill cannot be
5introduced during this time period under the rules of the respective house of the
6legislature. If a bill cannot be introduced during this time period, the bills shall be
7introduced on the first day on which the rules of the respective house of the
8legislature allow introduction.
SB326-SSA1-SA2,3,149
(d) 1. If both of the bills introduced under par. (c) are adversely disposed of, or
10fail to be enacted in any other manner before the last day of the regular session of
11the legislature in which the bills are introduced, the general permit remains in effect
12and may not be suspended under this subsection again. If either bill is enacted, the
13general permit is permanently suspended and may not be issued again unless a
14subsequent law specifically authorizes issuance of the general permit.
SB326-SSA1-SA2,3,1915
2. If a person commences to conduct an activity under the authority of a general
16permit, and the general permit is subsequently suspended under this subsection, the
17person may continue to conduct the activity in the manner, and for the period,
18originally authorized under the general permit notwithstanding the suspension of
19the general permit.".
SB326-SSA1-SA2,4,522
30.206
(8) Report. (a) Within 30 days after issuing, renewing, modifying, or
23revoking a general permit, the department shall prepare a report that gives
24notification of the department's action. If the action being reported is the issuance,
1renewal, or modification of a general permit, the department shall include a copy of
2the permit with the report. If the action being reported is the renewal, modification,
3or revocation of a general permit, the report shall include an analysis of the
4implementation and activities conducted under the general permit and shall contain
5all of the following information:
SB326-SSA1-SA2,4,76
1. The number of times notifications to proceed under the general permit were
7received by the department under sub. (3) (a).
SB326-SSA1-SA2,4,98
2. The number of times the department requested additional information
9under sub. (3) (b).
SB326-SSA1-SA2,4,1110
3. The number of times the department informed applicants under sub. (3) (b)
11that individual permits would be required.
SB326-SSA1-SA2,4,1512
(b) A report under par. (a) shall cover the time period beginning with the date
13of original issuance of the general permit, or the date of the most recent prior
14modification or renewal, and ending with the date of the revocation, modification, or
15renewal that causes the report to be required.
SB326-SSA1-SA2,4,1816
(c) The department shall distribute the report to the governor and to the
17appropriate standing committees of the legislature in the manner provided under s.
1813.172 (3).".
SB326-SSA1-SA2,4,2422
30.208
(3) (eg) 1. The department and the applicant may agree to extend the
2320-day or 30-day time period specified in par. (e) one time for a specific number of
24additional days. The extension may not exceed 30 days.
SB326-SSA1-SA2,5,6
12. The department may also extend the 20-day or 30-day time period specified
2in par. (e) if adverse weather conditions prevent the department from conducting an
3accurate on-site inspection during the 20-day or 30-day time period. The
4department shall give notice to the applicant of this extension. The department shall
5complete the inspection as soon as weather conditions permit, but the extension may
6not exceed 30 days under any circumstances.
SB326-SSA1-SA2,5,138
30.208
(3) (er) If the decision rendered by the department under par. (e) is a
9denial or disapproval, the department shall include in the decision the specific
10grounds and reasons as to how the applicable provisions of this subchapter were not
11met. If the denial or disapproval is based on an incomplete application, the
12department shall inform the applicant of the areas of the application that were
13incomplete.".
SB326-SSA1-SA2,5,16
1412. Page 31, line 20: delete the material beginning with "subs." and ending
15with "so" on line 21 and substitute "sub. (1) for a minor source unless modeling is
16specifically provided for".
