April 4, 2017 - Offered by Senators Ringhand, Carpenter, L. Taylor, Erpenbach,
Risser, Miller, Hansen, Vinehout and Shilling.
SB76-SA8,1,11 At the locations indicated, amend the bill as follows:
SB76-SA8,1,2 21. Page 2, line 1: before that line insert:
SB76-SA8,1,3 3 Section 1m. 23.11 (5) of the statutes is amended to read:
SB76-SA8,1,84 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-SA8,1,9 92. Page 3, line 3: delete lines 3 to 9.
SB76-SA8,1,11 103. Page 3, line 12: delete “(a) Except as provided in par. (e), if" and substitute
11“If".
SB76-SA8,1,12 124. Page 3, line 14: after “may" insert “not".
SB76-SA8,2,1
15. Page 3, line 16: delete “1." and substitute “(a)".
SB76-SA8,2,2 26. Page 3, line 17: delete “2." and substitute “(b)".
SB76-SA8,2,4 37. Page 3, line 18: delete the material beginning with “if the new" and ending
4with “area" on page 4, line 5.
SB76-SA8,2,5 58. Page 4, line 6: delete “3." and substitute “(c)".
SB76-SA8,2,7 69. Page 4, line 6: delete the material beginning with “, if the" and ending with
7“well" on line 8.
SB76-SA8,2,8 810. Page 4, line 9: delete “4." and substitute “(d)".
SB76-SA8,2,10 911. Page 4, line 9: delete the material beginning with “, concurrent with" and
10ending with “transferred" on line 10.
SB76-SA8,2,11 1112. Page 4, line 11: delete lines 11 to 23.
SB76-SA8,2,12 1213. Page 4, line 23: after that line insert:
SB76-SA8,2,13 13 Section 3a. 281.34 (4) (a) 4. of the statutes is created to read:
SB76-SA8,2,1514 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-SA8,3b 16Section 3b. 281.34 (4) (am) of the statutes is created to read:
SB76-SA8,2,1917 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-SA8,3c 20Section 3c. 281.34 (5) (df) of the statutes is created to read:
SB76-SA8,3,621 281.34 (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-SA8,3g 7Section 3g. 281.34 (5m) of the statutes is amended to read:
SB76-SA8,3,128 281.34 (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-SA8,3m 13Section 3m. 281.34 (7) of the statutes is amended to read:
SB76-SA8,3,1914 281.34 (7) Modifying and rescinding approvals for high capacity wells. The
15approval of a high capacity well issued under this section or under s. 281.17 (1), 2001
16stats., remains in effect unless the department modifies or rescinds the approval
17because the high capacity well or the use of the high capacity well is not in
18conformance with standards or conditions applicable to the approval of the high
19capacity well, or unless an additional approval is required under sub. (2g).”.
SB76-SA8,3,20 2014. Page 8, line 19: delete “2. to 4." and substitute “to (d)".
SB76-SA8,3,2121 (End)
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