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
.
AB40-ASA1,2104 22Section 2104. 283.35 (1m) (d) of the statutes is repealed.
AB40-ASA1,2104i 23Section 2104i. 285.11 (19) of the statutes is created to read:
AB40-ASA1,1124,224 285.11 (19) Annually, contact the owners or operators of stationary sources
25that have operation permits under s. 285.60 and that are not required to have

1operation permits under the federal clean air act to inform the owners and operators
2of the benefits of obtaining a registration permit or an exemption under s. 285.60.
AB40-ASA1,2104jc 3Section 2104jc. 285.17 (title) of the statutes is amended to read:
AB40-ASA1,1124,5 4285.17 (title) Classification, reporting and, monitoring, and record
5keeping
.
AB40-ASA1,2104je 6Section 2104je. 285.17 (4) of the statutes is created to read:
AB40-ASA1,1124,137 285.17 (4) The department shall evaluate the reporting, monitoring, and
8record-keeping requirements it imposes, as of the effective date of this subsection ....
9[LRB inserts date], on owners and operators of stationary sources that are required
10to have operation permits under s. 285.60 but that are not required to have operation
11permits under the federal clean air act. The department shall promulgate rules that
12simplify, reduce, and make more efficient those requirements, consistent with any
13applicable requirements under the federal clean air act.
AB40-ASA1,2104k 14Section 2104k. 285.31 (6) of the statutes is created to read:
AB40-ASA1,1124,2215 285.31 (6) Vapor recovery system removal grants. (a) The department shall
16administer a program to provide grants to owners and operators of retail stations for
17eligible costs incurred after April 15, 2012, to remove vapor control systems
18described in sub. (3) (a). The maximum grant under this subsection is 50 percent of
19eligible costs of removing a vapor control system from a retail station or $8,000,
20whichever is less. The department shall award grants under this subsection in the
21order in which applications are received and may not award a grant after June 30,
222015.
AB40-ASA1,1124,2523 (b) The department shall promulgate rules for the administration of the
24program under this subsection, including rules specifying which costs are eligible
25costs.
AB40-ASA1,2104n
1Section 2104n. 285.60 (2g) (am) of the statutes is created to read:
AB40-ASA1,1125,52 285.60 (2g) (am) Registration permit for certain sources. Subject to sub. (8),
3the department shall issue a registration permit authorizing the construction or
4operation or both for any stationary source with actual emissions that do not exceed
550 percent of any applicable major source threshold under s. 285.11 (16).
AB40-ASA1,2104q 6Section 2104q. 285.60 (6) (title) of the statutes is amended to read:
AB40-ASA1,1125,77 285.60 (6) (title) Exemption by rule.
AB40-ASA1,2104r 8Section 2104r. 285.60 (6) (c) of the statutes is created to read:
AB40-ASA1,1125,109 285.60 (6) (c) 1. Subject to sub. (8), the department shall exempt natural minor
10sources from the requirement to obtain an operation permit.
AB40-ASA1,1125,1211 2. The department may define "natural minor source" by rule for the purposes
12of this paragraph.
AB40-ASA1,1125,1513 3. The department shall seek approval from the federal environmental
14protection agency of any changes to the state implementation plan under the federal
15clean air act that are necessary to implement subd. 1.
AB40-ASA1,2104w 16Section 2104w. 285.69 (2) (title) of the statutes is amended to read:
AB40-ASA1,1125,1817 285.69 (2) (title) Fees Emission fees for persons required to have federal
18operation permits.
AB40-ASA1,2105 19Section 2105. 285.69 (2) (a) 1. of the statutes is repealed.
AB40-ASA1,2106 20Section 2106. 285.69 (2) (a) 2. of the statutes is repealed.
AB40-ASA1,2107 21Section 2107. 285.69 (2) (a) 3. of the statutes is repealed.
AB40-ASA1,2108 22Section 2108. 285.69 (2) (a) 4. of the statutes is repealed.
AB40-ASA1,2109 23Section 2109. 285.69 (2) (a) 5. of the statutes is amended to read:
AB40-ASA1,1126,324 285.69 (2) (a) 5. That fees are not based on emissions by an air contaminant
25source in excess of 5,000 tons per year of each regulated pollutant , except that,

1subject to par. (b), this limitation does not apply to a major utility, as defined in s.
2285.41 (1) (f), that owns or operates a phase I affected unit as listed in Table A of 42
3USC 7651c
.
AB40-ASA1,2110 4Section 2110. 285.69 (2) (a) 6. of the statutes is repealed.
AB40-ASA1,2111 5Section 2111. 285.69 (2) (a) 7. of the statutes is repealed.
AB40-ASA1,2112 6Section 2112. 285.69 (2) (a) 9. of the statutes is repealed.
AB40-ASA1,2113 7Section 2113. 285.69 (2) (a) 10. of the statutes is repealed.
AB40-ASA1,2114 8Section 2114. 285.69 (2) (a) 11. of the statutes is repealed.
AB40-ASA1,2115 9Section 2115. 285.69 (2) (a) 12. of the statutes is created to read:
AB40-ASA1,1126,1110 285.69 (2) (a) 12. That the fee billed in 2013 and each year thereafter equals
11$35.71 per ton of emissions specified under subd. 8.
AB40-ASA1,2119 12Section 2119. 285.69 (2) (b) of the statutes is repealed.
AB40-ASA1,2120 13Section 2120. 285.69 (2) (e) of the statutes is amended to read:
AB40-ASA1,1126,1714 285.69 (2) (e) Beginning in 2001 and ending in 2012, the owner or operator of
15a stationary source for which an operation permit is required shall pay to the
16department an annual fee of 86 cents per ton of actual emissions in the preceding
17year of all air contaminants on which the fee under par. (a) is based.
AB40-ASA1,2120m 18Section 2120m. 285.69 (2e) of the statutes is created to read:
AB40-ASA1,1126,2019 285.69 (2e) Facility fees for persons required to have federal operation
20permits.
(a) In this subsection:
AB40-ASA1,1126,2221 1. "Electric generating source" means a stationary source the primary purpose
22of which is to generate electricity.
AB40-ASA1,1127,223 2. "Federal construction permit source" means a stationary source that was
24subject to a major source construction permit requirement necessary to implement

1the requirements of 42 USC 7470 to 7492 or 42 USC 7501 to 7515 for any portion of
2the preceding year.
AB40-ASA1,1127,63 3. "Maximum achievable control technology source" means a stationary source
4that was subject to regulation under 42 USC 7412 for any portion of the preceding
5year, except for a stationary source that was subject solely to regulation under 42
6USC 7412
(d) (5) or (r).
AB40-ASA1,1127,97 4. "New source performance standards source" means a stationary source that
8was subject to regulation under 42 USC 7411 or 7429 (a) for any portion of the
9preceding year.
AB40-ASA1,1127,1310 (b) Annually, beginning in 2014, in addition to the fees under sub. (2), the owner
11or operator of a stationary source for which an operation permit was required under
12the federal clean air act for any portion of the preceding year shall pay the sum of the
13following:
AB40-ASA1,1127,1414 1. A base fee in the following amount:
AB40-ASA1,1127,1615 a. If in the preceding year the stationary source emitted not more than 10 tons
16of the air contaminants on which the fee under sub. (2) (a) is based, $900.
AB40-ASA1,1127,1917 b. If in the preceding year the stationary source emitted more than 10 tons but
18not more than 25 tons of the air contaminants on which the fee under sub. (2) (a) is
19based, $1,300.
AB40-ASA1,1127,2220 c. If in the preceding year the stationary source emitted more than 25 tons but
21not more than 50 tons of the air contaminants on which the fee under sub. (2) (a) is
22based, $1,600.
Loading...
Loading...