LRBa0498/1
MCP:ahe/amn/jld
2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 3,
TO SENATE BILL 76
May 2, 2017 - Offered by Representatives Mason,
Anderson, Milroy and Hebl.
SB76-AA3,1,3
3“
Section 1m. 23.11 (5) of the statutes is amended to read:
SB76-AA3,1,84
23.11
(5) The department may require an applicant for a permit or statutory
5approval which the department, by order, may grant, to submit an environmental
6impact report if the area affected exceeds 40 acres, the estimated cost of the project
7exceeds $25,000, or the applicant is requesting approval for a high capacity well
8described in s. 281.34 (4) (a) 1. to
3. 4.”.
SB76-AA3,2,13
13“
Section 3a. 281.34 (4) (a) 4. of the statutes is created to read:
SB76-AA3,2,1514
281.34
(4) (a) 4. An approved high capacity well that will be repaired, replaced,
15or reconstructed or for which the approval will be transferred.
SB76-AA3,3b
16Section 3b. 281.34 (4) (am) of the statutes is created to read:
SB76-AA3,2,1917
281.34
(4) (am) In conducting a review under par. (a) 4., the department shall
18consider the cumulative environmental impacts of the high capacity well for which
19the additional approval is sought together with existing withdrawals.
SB76-AA3,3c
20Section 3c. 281.34 (5) (df) of the statutes is created to read:
SB76-AA3,3,621
281.34
(5) (df)
Repair, replacement, reconstruction, or transfer. If the
22department determines, under the environmental review process in sub. (4), that an
23environmental impact report under s. 23.11 (5) must be prepared for an approved
1high capacity well that will be repaired, replaced, or reconstructed or for which the
2approval will be transferred, the department may not issue the additional approval
3for the high capacity well unless it is able to include and includes in the approval
4conditions, which may include conditions as to location, depth, pumping capacity,
5rate of flow, and ultimate use, that ensure that the high capacity well does not cause
6significant environmental impact.
SB76-AA3,3g
7Section 3g. 281.34 (5m) of the statutes is amended to read:
SB76-AA3,3,128
281.34
(5m) Consideration of cumulative impacts. No person may challenge
9an approval, or an application for approval, of a high capacity well based on the lack
10of consideration of the cumulative environmental impacts of that high capacity well
11together with existing wells
, unless a consideration of cumulative environmental
12impacts is required under sub. (4) (am).
SB76-AA3,3m
13Section 3m. 281.34 (7) (title) of the statutes is amended to read:
SB76-AA3,3,1514
281.34
(7) (title)
Modifying and rescinding Duration, modification, and
15rescission of approvals for high capacity wells.
SB76-AA3,3n
16Section 3n. 281.34 (7) of the statutes is renumbered 281.34 (7) (b) (intro.) and
17amended to read:
SB76-AA3,3,2318
281.34
(7) (b) (intro.)
The
An approval of a high capacity well issued under this
19section or under s. 281.17 (1), 2001 stats.
, prior to the effective date of this paragraph
20.... [LRB inserts date], remains in effect
for the following periods unless the
21department modifies or rescinds the approval because the high capacity well or the
22use of the high capacity well is not in conformance with standards or conditions
23applicable to the approval of the high capacity well
.
:
SB76-AA3,3o
24Section 3o. 281.34 (7) (a) of the statutes is created to read:
SB76-AA3,4,5
1281.34
(7) (a) An approval of a high capacity well issued under this section on
2or after the effective date of this paragraph .... [LRB inserts date], may not remain
3in effect for more than 10 years and may be modified or rescinded because the high
4capacity well or the use of the high capacity well is not in conformance with standards
5or conditions applicable to the approval of the high capacity well.
SB76-AA3,3s
6Section 3s. 281.34 (7) (b) 1. to 5. of the statutes are created to read:
SB76-AA3,4,87
281.34
(7) (b) 1. For an approval of a high capacity well issued before January
81, 1980, 8 years from the effective date of this subdivision .... [LRB inserts date].
SB76-AA3,4,119
2. For an approval of a high capacity well issued on or after January 1, 1980,
10and before January 1, 1990, 10 years from the effective date of this subdivision ....
11[LRB inserts date].
SB76-AA3,4,1412
3. For an approval of a high capacity well issued on or after January 1, 1990,
13and before January 1, 2000, 12 years from the effective date of this subdivision ....
14[LRB inserts date].
SB76-AA3,4,1715
4. For an approval of a high capacity well issued on or after January 1, 2000,
16and before January 1, 2010, 14 years from the effective date of this subdivision ....
17[LRB inserts date].
SB76-AA3,4,2018
5. For an approval of a high capacity well issued on or after January 1, 2010,
19and before the effective date of this subdivision .... [LRB inserts date], 16 years from
20the effective date of this subdivision .... [LRB inserts date].”.
