AB40-ASA1,2081 25Section 2081. 238.399 (5) (c) 2. a. of the statutes is repealed.
AB40-ASA1,2082
1Section 2082. 238.399 (5) (d) 1. of the statutes is amended to read:
AB40-ASA1,1114,32 238.399 (5) (d) 1. The business is an original equipment a manufacturer with
3a significant supply chain in the state, as determined by the corporation by rule.
AB40-ASA1,2083 4Section 2083. 238.399 (6) (d) of the statutes is amended to read:
AB40-ASA1,1114,85 238.399 (6) (d) The corporation may require a business to repay any tax
6benefits the business claims for a year in which the business failed to maintain
7employment or capital investment levels or a significant capital investment in
8property
required by an agreement under sub. (5) (c).
AB40-ASA1,2084 9Section 2084. 238.399 (6) (g) (intro.) of the statutes is amended to read:
AB40-ASA1,1114,1110 238.399 (6) (g) (intro.) The corporation shall adopt rules policies and
11procedures
specifying all of the following:
AB40-ASA1,2085 12Section 2085. 238.399 (6) (g) 2. of the statutes is repealed.
AB40-ASA1,2086 13Section 2086. 238.399 (6) (g) 2m. of the statutes is created to read:
AB40-ASA1,1114,1514 238.399 (6) (g) 2m. The definition of "significant capital investment" for
15purposes of sub. (5).
AB40-ASA1,2086s 16Section 2086s. 252.12 (2) (a) 8. (intro.) of the statutes is amended to read:
AB40-ASA1,1115,717 252.12 (2) (a) 8. `Mike Johnson life care and early intervention services grants.'
18(intro.) The department shall award not more than $3,569,900 in each fiscal year in
19grants to applying organizations for the provision of needs assessments; assistance
20in procuring financial, medical, legal, social and pastoral services; counseling and
21therapy; homecare services and supplies; advocacy; and case management services.
22These services shall include early intervention services. The department shall also
23award not more than $74,000 in each year from the appropriation account under s.
2420.435 (5) (md) for the services under this subdivision. The state share of payment
25for case management services that are provided under s. 49.45 (25) (be) to recipients

1of medical assistance shall be paid from the appropriation account under s. 20.435
2(1) (am). Subject to approval by the U.S. department of health and human services
3under s. 49.45 (25g) (d), the state share of payment for HIV-related care coordination
4that is provided under s. 49.45 (25g) to recipients of medical assistance, and for any
5increases in reimbursement rates under s. 49.45 (25g), shall be paid from the
6appropriation under s. 20.435 (1) (am).
All of the following apply to grants awarded
7under this subdivision:
AB40-ASA1,2087 8Section 2087. 256.125 of the statutes is repealed.
AB40-ASA1,2087v 9Section 2087v. 281.14 (2) (intro.) of the statutes is amended to read:
AB40-ASA1,1115,1410 281.14 (2) (intro.) The department shall conduct a program to monitor and
11study the introduction of nutrients from point sources and nonpoint sources into the
12Wisconsin River from the city of Merrill headwaters of the river to the Castle Rock
13Flowage dam. The department shall seek to do all of the following under this
14subsection:
AB40-ASA1,2088 15Section 2088. 281.33 (3) (a) 1. of the statutes is renumbered 281.33 (3) (a) 1.
16(intro.) and amended to read:
AB40-ASA1,1115,1917 281.33 (3) (a) 1. (intro.) Except as restricted under subd. 2., the department
18shall establish by rule minimum uniform statewide standards for activities all of the
19following:
AB40-ASA1,1115,22 20a. Activities related to construction site erosion control at sites where the
21construction activities do not include the construction of a building and to storm
22water management
that have a land disturbance that is one acre or more in area.
AB40-ASA1,2089 23Section 2089. 281.33 (3) (a) 1. b. of the statutes is created to read:
AB40-ASA1,1116,3
1281.33 (3) (a) 1. b. Activities related to construction site erosion control at sites
2that have a land disturbance that is less than one acre and to which ss. 101.1206 and
3101.653 do not apply.
AB40-ASA1,2090 4Section 2090. 281.33 (3) (a) 1. c. of the statutes is created to read:
AB40-ASA1,1116,55 281.33 (3) (a) 1. c. Storm water management.
AB40-ASA1,2090c 6Section 2090c. 281.33 (3) (a) 2. of the statutes is amended to read:
AB40-ASA1,1116,117 281.33 (3) (a) 2. The department, in cooperation with the department of
8transportation, shall establish by rule minimum uniform statewide standards for
9activities related to construction site erosion control and storm water management
10if those activities concern street, highway, road or bridge construction, enlargement,
11relocation or reconstruction.
AB40-ASA1,2090g 12Section 2090g. 281.33 (3) (a) 3. of the statutes is amended to read:
AB40-ASA1,1116,1813 281.33 (3) (a) 3. Minimum Uniform statewide standards for storm water
14management established under this paragraph are applicable to the state plan
15under sub. (2). The department shall encourage require a city, village, town, or
16county to comply with minimum uniform statewide standards established under this
17paragraph for any construction site erosion control and storm water management
18zoning ordinance enacted under s. 59.693, 60.627, 61.354 or 62.234.
AB40-ASA1,2090j 19Section 2090j. 281.33 (3) (a) 4. of the statutes is amended to read:
AB40-ASA1,1116,2120 281.33 (3) (a) 4. The department shall identify low-cost practices which would
21enable a person to comply with these minimum uniform statewide standards.
AB40-ASA1,2091 22Section 2091. 281.33 (3) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,1117,223 281.33 (3) (b) (intro.) The minimum uniform statewide standards for
24construction site erosion control at sites where the construction activities do not

1include the construction of a building
described in par. (a) 1. a. and b. shall provide
2for the regulation of any construction activity, at such a site, that:
AB40-ASA1,2091c 3Section 2091c. 281.33 (3) (c) (intro.) of the statutes is amended to read:
AB40-ASA1,1117,64 281.33 (3) (c) (intro.) The minimum uniform statewide standards for storm
5water management shall provide for the regulation of any construction activity
6which:
AB40-ASA1,2091g 7Section 2091g. 281.33 (3) (d) of the statutes is created to read:
AB40-ASA1,1117,128 281.33 (3) (d) If the department determines that rules promulgated under s.
9281.16 (2) prescribe performance standards that meet the requirements for
10establishing uniform statewide standards under this subsection, the department's
11rules promulgated under s. 281.16 (2) satisfy the rule-making requirements under
12this subsection and shall apply as if they were promulgated under this subsection.
AB40-ASA1,2091j 13Section 2091j. 281.33 (3m) of the statutes is created to read:
AB40-ASA1,1117,1714 281.33 (3m) Requirements for ordinances. A city, village, town, or county may
15enact an ordinance regulating the conduct regulated under this section only if the
16ordinance strictly conforms with uniform statewide standards established under
17sub. (3).
AB40-ASA1,2092 18Section 2092. 281.33 (4) of the statutes is amended to read:
AB40-ASA1,1118,319 281.33 (4) Model ordinances; state plan; distribution. The department shall
20prepare a model zoning ordinance for construction site erosion control at sites where
21the construction activities do not include the construction of a building
described in
22sub. (3) (a) 1. a. and b.
and for storm water management in the form of an
23administrative rule. The model ordinance is subject to s. 227.19 and other provisions
24of ch. 227 in the same manner as other administrative rules. Following the
25promulgation of the model ordinance as a rule, the department shall distribute a copy

1of the model ordinance to any city, village, town or county that submits a request.
2The department shall distribute a copy of the state plan to any agency which submits
3a request.
AB40-ASA1,2092d 4Section 2092d. 281.33 (5) of the statutes is amended to read:
AB40-ASA1,1118,135 281.33 (5) Cooperation. The department, the municipalities, and all state
6agencies shall cooperate to accomplish the objective of this section. To that end, the
7department shall consult with the governing bodies of municipalities to secure
8voluntary uniformity of regulations, so far as practicable, shall prepare model
9ordinances under sub. (4), shall extend assistance to municipalities under this
10section, shall prepare the plan under sub. (2), shall encourage obtain uniformity
11through the implementation of this plan and the utilization of memoranda of
12understanding which are substantially similar to the plan, and shall extend
13assistance to agencies under this section.
AB40-ASA1,2092g 14Section 2092g. 281.34 (5m) of the statutes is created to read:
AB40-ASA1,1118,1815 281.34 (5m) Consideration of cumulative impacts. (a) No person may
16challenge an approval, or an application for approval, of a high capacity well based
17on the lack of consideration of the cumulative environmental impacts of that high
18capacity well together with existing wells.
AB40-ASA1,1118,2319 (b) Paragraph (a) applies to approvals issued by the department and to
20applications for approvals submitted to the department before, on, or after the
21effective date of this paragraph .... [LRB inserts date], including those that are the
22subject of a pending administrative or judicial review proceeding on the effective
23date of this paragraph .... [LRB inserts date].
AB40-ASA1,2092j 24Section 2092j. 281.36 (1) (br) of the statutes is created to read:
AB40-ASA1,1119,2
1281.36 (1) (br) "Nonfederal wetland" means a wetland that is not subject to
2federal jurisdiction under 33 USC 1344.
AB40-ASA1,2092m 3Section 2092m. 281.36 (3r) (a) 4. of the statutes is created to read:
AB40-ASA1,1119,44 281.36 (3r) (a) 4. Participating in the escrow subprogram under sub. (3s).
AB40-ASA1,2092p 5Section 2092p. 281.36 (3r) (e) of the statutes is amended to read:
AB40-ASA1,1119,176 281.36 (3r) (e) As part of the mitigation program established under par. (a), the
7department may establish an in lieu fee subprogram, in consultation with the army
8corps of engineers,
under which payments are made to the department or another
9entity for the purposes of restoring, enhancing, creating, or preserving wetlands or
10other water resource features. The subprogram must be approved by the U.S. army
11corps of engineers.
The department shall establish requirements for calculating the
12in lieu fee payments. Under the in lieu fee subprogram, the wetlands that benefit
13from the program subprogram shall be open to the public for hunting, fishing,
14trapping, cross-country skiing, or hiking or any combination thereof, but the
15department may establish reasonable restrictions on the use of the land by the public
16in order to protect public safety or to protect a unique plant or animal community.
17The subprogram shall be consistent with federal regulations.
AB40-ASA1,2092u 18Section 2092u. 281.36 (3s) of the statutes is created to read:
AB40-ASA1,1119,2519 281.36 (3s) Mitigation; escrow subprogram. (a) As part of the mitigation
20program established under sub. (3r) (a), the department shall establish an escrow
21subprogram. Under the subprogram, an applicant who is eligible for a wetland
22individual permit that will affect a nonfederal wetland may establish an escrow
23account or similar account into which the applicant deposits funds that are limited
24to being used to purchase credits from a mitigation bank located in this state. The
25applicant shall establish the account before the wetland individual permit is issued.
AB40-ASA1,1120,2
1(b) An account may be established under the escrow subprogram only if all of
2the following apply:
AB40-ASA1,1120,53 1. There are fewer than 10 mitigation credits available from a federally
4approved wetland mitigation bank that is located in the state on the date a decision
5to issue a wetland individual permit is rendered under sub. (3m) (i).
AB40-ASA1,1120,86 2. A statewide in lieu fee subprogram approved by the U.S. army corps of
7engineers is not in effect on the date a decision to issue a wetland individual permit
8to rendered under sub. (3m) (i).
AB40-ASA1,1120,109 (c) To qualify as an account under the escrow subprogram, all of the following
10shall apply:
AB40-ASA1,1120,1111 1. The department must be a party to the account.
AB40-ASA1,1120,1312 2. A permit holder may not be authorized to withdraw funds under the terms
13of the account except as provided in par. (f).
AB40-ASA1,1120,1614 3. The department must be authorized under the terms of the account to
15withdraw funds from the account for purchase of mitigation credits under par. (g)
16and to withdraw funds and close the account under par. (h).
AB40-ASA1,1120,2417 (d) The department shall establish requirements for calculating the amounts
18that must be placed in the accounts established under the escrow subprogram for
19mitigation payments and for any other fees that are necessary to cover the costs of
20banks or other agents in managing these accounts. For each account to be
21established, the department shall determine the number of mitigation credits to be
22purchased and shall estimate the cost of each credit to be purchased. The estimated
23cost shall be based on the market price, as determined by the department, for the
24purchase of an equivalent credit from a mitigation bank located in this state.
AB40-ASA1,1121,2
1(e) No person may withdraw funds that are deposited in an account established
2under the escrow subprogram unless par. (f), (g), or (h) applies.
AB40-ASA1,1121,63 (f) A permit holder shall withdraw funds from an account to purchase
4mitigation credits if the department notifies the permit holder that mitigation
5credits are available from a mitigation bank that is located in this state. The permit
6holder shall purchase the mitigation credits within 30 days after the notification.
AB40-ASA1,1121,97 (g) If a permit holder fails to purchase the mitigation credits within the 30-day
8period specified under par. (f), the department may withdraw funds from the account
9to purchase the credits.
AB40-ASA1,1121,1410 (h) Upon approval of the statewide in lieu fee subprogram under sub. (3r) (e)
11by the U.S. army corps of engineers, the department shall discontinue the escrow
12subprogram by withdrawing all of the funds from all of the accounts established
13under the escrow subprogram, closing the accounts, and transferring all of the
14withdrawn funds to the in lieu fee subprogram under sub. (3r) (e).
AB40-ASA1,2093 15Section 2093. 281.59 (3e) (b) 1. of the statutes is amended to read:
AB40-ASA1,1121,1716 281.59 (3e) (b) 1. Equal to $69,200,000 $61,900,000 during the 2011-13
172013-15 biennium.
AB40-ASA1,2094 18Section 2094. 281.59 (3e) (b) 3. of the statutes is amended to read:
AB40-ASA1,1121,2019 281.59 (3e) (b) 3. Equal to $1,000 for any biennium after the 2011-13 2013-15
20biennium.
AB40-ASA1,2094m 21Section 2094m. 281.59 (3m) (b) 1. of the statutes is amended to read:
AB40-ASA1,1121,2322 281.59 (3m) (b) 1. Equal to $2,700,000 $300,000 during the 2009-11 2013-15
23biennium.
AB40-ASA1,2094n 24Section 2094n. 281.59 (3m) (b) 2. of the statutes is amended to read:
AB40-ASA1,1122,2
1281.59 (3m) (b) 2. Equal to $1,000 for any biennium after the 2009-11 2013-15
2biennium.
AB40-ASA1,2095 3Section 2095. 281.59 (3s) (b) 1. of the statutes is amended to read:
AB40-ASA1,1122,54 281.59 (3s) (b) 1. Equal to $30,700,000 $26,900,000 during the 2011-13
52013-15 biennium.
AB40-ASA1,2096 6Section 2096. 281.59 (3s) (b) 2. of the statutes is amended to read:
AB40-ASA1,1122,87 281.59 (3s) (b) 2. Equal to $1,000 for any biennium after the 2011-13 2013-15
8biennium.
AB40-ASA1,2096c 9Section 2096c. 281.59 (4) (f) of the statutes is amended to read:
AB40-ASA1,1122,1810 281.59 (4) (f) Revenue obligations may be contracted by the building
11commission when it reasonably appears to the building commission that all
12obligations incurred under this subsection, and all payments under an agreement or
13ancillary arrangement entered into under s. 18.55 (6) with respect to revenue
14obligations issued under this subsection, can be fully paid on a timely basis from
15moneys received or anticipated to be received. Revenue obligations issued under this
16subsection for the clean water fund program shall not exceed $2,716,300,000
17$2,708,900,000 in principal amount, excluding obligations issued to refund
18outstanding revenue obligation notes.
AB40-ASA1,2097 19Section 2097. 283.33 (1) (a) of the statutes is amended to read:
AB40-ASA1,1122,2220 283.33 (1) (a) A discharge from a discernible, confined , and discrete conveyance
21of storm water associated with an industrial activity, including construction, that
22meets criteria in rules promulgated by the department.
AB40-ASA1,2098 23Section 2098. 283.33 (1) (am) of the statutes is created to read:
AB40-ASA1,1123,224 283.33 (1) (am) A discharge from a discernible, confined, and discrete
25conveyance of storm water associated with a construction site, including a

1construction site for a building, that meets criteria in rules promulgated by the
2department.
AB40-ASA1,2100 3Section 2100. 283.33 (4) (a) (intro.) of the statutes is amended to read:
AB40-ASA1,1123,84 283.33 (4) (a) (intro.) In addition to obtaining a permit under this section, the
5owner or operator of an industrial activity described in sub. (1) (a) or (am) that
6discharges storm water through a municipal separate storm sewer system described
7in sub. (1) (b) to (cr) shall submit the following information to the owner or operator
8of the municipal separate storm sewer system:
AB40-ASA1,2101 9Section 2101. 283.33 (5) of the statutes is amended to read:
AB40-ASA1,1123,1210 283.33 (5) Other dischargers. A person who is required to obtain a permit
11under sub. (1) (a), (am), or (d) may apply for an individual permit or request coverage
12under a general permit issued by the department under s. 283.35.
AB40-ASA1,2102 13Section 2102. 283.33 (7) of the statutes is amended to read:
AB40-ASA1,1123,1814 283.33 (7) Petitions. The owner or operator of a municipal separate storm
15sewer system may petition the department to require a permit under this section for
16any discharge through the municipal separate storm sewer system. The department
17may approve the petition only if a permit for the discharge is required under sub. (1)
18(a), (am), or (d).
AB40-ASA1,2103 19Section 2103. 283.35 (1m) (c) of the statutes is amended to read:
AB40-ASA1,1123,2120 283.35 (1m) (c) Paragraph (b) does not apply after June 30, 2013 December 31,
212015
.
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