ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 113
June 14, 2019 - Offered by Representative Kitchens.
AB113-AA1,1,11 At the locations indicated, amend the bill as follows:
AB113-AA1,1,4 21. Page 2, line 2: delete the material beginning with ““water pollution" and
3ending with “period of time" on line 6 and substitute ““credits” means water pollution
4credits that may be traded under s. 283.84 (1) (f) and (g)”.
AB113-AA1,1,5 52. Page 3, line 2: delete “(3) to (5)" and substitute “(3), (5), and (6)".
AB113-AA1,1,8 63. Page 3, line 21: delete the material beginning with “clearinghouse" and
7ending with “about the terms of" on line 22 and substitute “department of natural
8resources has approved”.
AB113-AA1,1,10 94. Page 4, line 4: delete “prevention or environmental enhancement services"
10and substitute “reduction activities".
AB113-AA1,2,3
15. Page 4, line 6: delete the material beginning with “prevention or" and
2ending with “environmental enhancement services" on line 7 and substitute
3“reduction activities”.
AB113-AA1,2,6 46. Page 4, line 10: delete the material beginning with “Seek to establish" and
5ending with “methods for determining" on line 11 and substitute “Use methods
6approved by the department of natural resources to determine”.
AB113-AA1,2,8 77. Page 4, line 12: delete “prevention or environmental enhancement services"
8and substitute “reduction activities".
AB113-AA1,2,10 98. Page 4, line 13: after “scientific protocols." insert “The clearinghouse may
10recommend additional methods to the department of natural resources".
AB113-AA1,2,13 119. Page 4, line 15: delete the material beginning with “prevention or
12environmental" and ending with “enhancement services" on line 16 and substitute
13“reduction activities”.
AB113-AA1,2,14 1410. Page 4, line 16: delete “established" and substitute “approved".
AB113-AA1,2,16 1511. Page 4, line 16: delete the material beginning with “or, if such" and ending
16with “natural resources" on line 18.
AB113-AA1,2,17 1712. Page 4, line 19: delete “seek to".
AB113-AA1,2,18 1813. Page 4, line 20: delete “Minimize" and substitute “Seek to minimize".
AB113-AA1,2,19 1914. Page 4, line 21: delete lines 21 and 22 and substitute:
AB113-AA1,2,21 20“2. Seek to maximize the performance of the water pollution reduction
21activities.".
AB113-AA1,2,22 2215. Page 4, line 23: delete “Reduce" and substitute “Seek to reduce".
AB113-AA1,2,23 2316. Page 4, line 24: delete “, over time".
AB113-AA1,3,1
117. Page 4, line 24: after that line insert:
AB113-AA1,3,4 2“4. Require a maintenance schedule approved by the department of natural
3resources to ensure that the credits are maintained throughout the time for which
4they are certified under sub. (4).
AB113-AA1,3,115 (g) Before making a credit available for sale for use under s. 283.84 (1) (f), verify
6the credit by reporting to the department of natural resources any pertinent
7information regarding the credit and the related water pollution reduction activities,
8including the location of the activities; the type of practice or technology used; any
9maintenance schedule; the frequency of inspections; the duration for which the
10credit is valid; and the amount of credits generated by the water pollution reduction
11activities.”.
AB113-AA1,3,12 1218. Page 5, line 1: delete “(g)" and substitute “(h)".
AB113-AA1,3,14 1319. Page 5, line 2: delete “credits and" and substitute “credits that have been
14incorporated into permits under ch. 283. The clearinghouse shall".
AB113-AA1,3,15 1520. Page 5, line 10: after that line insert:
AB113-AA1,3,18 16(4) No later than 30 days after reviewing the information provided under sub.
17(3) (g) and (h), the department of natural resources shall certify the amount of credits
18and the duration of the credits available for sale.”.
AB113-AA1,3,19 1921. Page 5, line 11: delete “(4)" and substitute “(5)".
AB113-AA1,3,21 2022. Page 5, line 15: delete “water pollution prevention or environmental
21enhancement services" and substitute “credits".
AB113-AA1,3,22 2223. Page 6, line 3: delete that line and substitute:
AB113-AA1,4,2
1(6) Upon the recommendation of the department of natural resources, the
2department".
AB113-AA1,4,3 324. Page 6, line 5: delete “multidischarger variance,".
AB113-AA1,4,4 425. Page 6, line 7: delete “(6)" and substitute “(7)".
AB113-AA1,4,5 526. Page 6, line 11: after that line insert:
AB113-AA1,4,9 6(8) If the contract with the clearinghouse is terminated or the clearinghouse
7ceases to function, the department of natural resources shall continue to administer
8all credit transactions then in effect until a new clearinghouse contract is established
9or until the terms of the individual parties' contracts expire.
AB113-AA1,4,12 10(9) Before the end of the 4th year of any contract entered into under sub. (2),
11the department of natural resources shall evaluate the clearinghouse and shall
12report its evaluation to the department.”.
AB113-AA1,4,19 1327. Page 7, line 3: delete “s. 16.9685 (3) (g)." and substitute “s. 16.9685 (3) (h).
14The 3rd party shall also verify the credit by reporting to the department of natural
15resources any pertinent information regarding the agreement and the related water
16pollution reduction activities, including the location of the activities; the type of
17practice or technology used; any maintenance schedule; the frequency of inspections;
18the duration for which the credit is valid; and the amount of credits generated by the
19water pollution reduction activities.".
AB113-AA1,4,20 2028. Page 7, line 3: after that line insert:
AB113-AA1,4,21 21 Section 3m. 283.84 (1e) of the statutes is created to read:
AB113-AA1,4,2422 283.84 (1e) No later than 30 days after reviewing the information provided
23under s. 16.9685 (3) (g) and (h), the department shall certify the amount of credits
24and the duration of the credits available for sale.”.
AB113-AA1,5,1
129. Page 7, line 10: after “(f)" insert “or (g)".
AB113-AA1,5,2 230. Page 7, line 15: after that line insert:
AB113-AA1,5,3 3 Section 5m. 283.84 (3r) of the statutes is amended to read:
AB113-AA1,5,84 283.84 (3r) The department shall include terms and conditions related to
5agreements under sub. (1) in new and reissued permits. The department shall
6determine how to incorporate credits purchased under sub. (1) (f) and the terms and
7conditions related to agreements entered into under sub. (1) (g) into new and
8reissued permits.
”.
AB113-AA1,5,15 931. Page 7, line 21: delete the material beginning with “As soon" and ending
10with “that act." on page 8, line 2, and substitute “The department of natural
11resources shall consult with the federal environmental protection agency regarding
12the generation and use of water pollution credits under s. 283.84 (1) (f) and (g) in
13watersheds subject to total maximum daily loads that have been federally approved
14or for which federal approval is pending, with the goal of maximizing the
15opportunities for the generation and use of long-term and permanent credits.”.
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