SB77: Bill Text

SB77, s. 4444 Section 4444. 560.41 (1) of the statutes is repealed and recreated to read:

SB77,1721,24 560.41 (1) "Brownfields" means abandoned, idle or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

SB77, s. 4445 Section 4445. 560.41 (1m) of the statutes is created to read:

SB77,1722,2 560.41 (1m) "Center" means the business development assistance center in the department.

SB77, s. 4446 Section 4446. 560.42 (title) of the statutes is amended to read:

SB77,1722,4 560.42 (title) Responsibilities related to permits.

SB77, s. 4447 Section 4447. 560.42 (1) (a) (intro.) of the statutes is amended to read:

SB77,1722,8 560.42 (1) (a) (intro.) The bureau center shall expedite the process of applying for permits, of reviewing and making determinations on permit applications and of issuing permits as follows:

SB77, s. 4448 Section 4448. 560.42 (1) (a) 1. of the statutes is amended to read:

SB77,1722,11 560.42 (1) (a) 1. The bureau center shall discharge its responsibilities under sub. (2) in a manner designed to expedite the process.

SB77, s. 4449 Section 4449. 560.42 (1) (a) 2. of the statutes is amended to read:

SB77,1722,16 560.42 (1) (a) 2. Upon request by a person applying for a permit and to the extent possible, the bureau center shall resolve misunderstandings between the person and the appropriate regulatory agency and shall prevent or mitigate delays in the process.

SB77, s. 4450 Section 4450. 560.42 (1) (a) 3. of the statutes is amended to read:

SB77,1722,21 560.42 (1) (a) 3. If the bureau center determines that it is unable to resolve misunderstandings or prevent or mitigate delays under subd. 2., the bureau center shall request the assistance of the secretary and the head of the appropriate regulatory agency.

SB77, s. 4451 Section 4451. 560.42 (1) (a) 4. of the statutes is amended to read:

SB77,1723,2 560.42 (1) (a) 4. If the bureau center determines that the secretary and head of the appropriate regulatory agency are unable to resolve misunderstandings or prevent or mitigate delays under subd. 3., the bureau center shall request the assistance of the governor.

SB77, s. 4452 Section 4452. 560.42 (1) (b) of the statutes is amended to read:

SB77,1723,6 560.42 (1) (b) The bureau center shall give priority to businesses new to this state and to businesses expanding within this state in providing assistance under par. (a).

SB77, s. 4453 Section 4453. 560.42 (1) (c) of the statutes is amended to read:

SB77,1723,10 560.42 (1) (c) The bureau center shall maintain records identifying each person requesting assistance under par. (a) and setting forth assistance rendered and results achieved.

SB77, s. 4454 Section 4454. 560.42 (2) (a) (intro.) of the statutes is amended to read:

SB77,1723,16 560.42 (2) (a) (intro.) The bureau center shall assist any person requesting information on which permits are required for a particular business activity or on the application process, including criteria applied in making a determination on a permit application and the time period within which a determination will be made. This assistance may include any of the following:

SB77, s. 4455 Section 4455. 560.42 (2) (b) of the statutes is amended to read:

SB77,1723,20 560.42 (2) (b) If a person receives assistance under this subsection and applies for a permit and if the person requests, the bureau center shall monitor the status of the permit application and periodically report the status to the person.

SB77, s. 4456 Section 4456. 560.42 (2m) (intro.) of the statutes is amended to read:

SB77,1723,24 560.42 (2m) Advocacy. (intro.) The bureau center shall provide advocacy services before regulatory agencies on behalf of permit applicants. These services shall include all of the following:

SB77, s. 4457 Section 4457. 560.42 (2r) of the statutes is amended to read:

SB77,1724,6 560.42 (2r) Mediation and dispute resolution services. The bureau center may provide mediation or other dispute resolution services to facilitate the resolution of a dispute between a regulatory agency and a person applying for a permit. The provision of mediation or other dispute resolution services under this subsection does not affect any right that the person may have to a contested hearing under ch. 227.

SB77, s. 4458 Section 4458. 560.42 (3) (title) of the statutes is amended to read:

SB77,1724,8 560.42 (3) (title) Assistance by bureau center.

SB77, s. 4459 Section 4459. 560.42 (3) (a) of the statutes is amended to read:

SB77,1724,14 560.42 (3) (a) The bureau center may not charge any person for services provided under this subchapter. Any amount charged for services may not exceed the actual cost of the service provided, unless a specific charge for the service, or method of calculating the charge, is provided by law. All amounts received under this paragraph shall be deposited in the appropriation account under s. 20.143 (1) (gc).

SB77, s. 4460 Section 4460. 560.42 (3) (b) of the statutes is amended to read:

SB77,1724,18 560.42 (3) (b) The bureau center may refer to the appropriate regulatory agency, without giving further assistance, any person seeking information or assistance on a permit under chs. 186, 215, 217, 220 to 224, 440 to 480 and 600 to 646.

SB77, s. 4461 Section 4461. 560.42 (3) (c) of the statutes is amended to read:

SB77,1724,23 560.42 (3) (c) Advice, assistance, mediation or other dispute resolution services or information rendered by the bureau center under this subchapter does not relieve any person from the obligation to secure a required permit or satisfy a regulatory requirement.

SB77, s. 4462 Section 4462. 560.42 (3) (d) of the statutes is amended to read:

SB77,1725,3 560.42 (3) (d) The bureau center shall not be liable for any consequences resulting from the failure of a regulatory agency to issue, or the failure of a person to seek, a permit.

SB77, s. 4463 Section 4463. 560.42 (3m) of the statutes is created to read:

SB77,1725,12 560.42 (3m) Information about permit guarantee program. The center shall provide information about the permit guarantee program, established by the department of natural resources by rule under s. 299.05. The center shall make available information about the time limits that apply to determinations on applications for licenses, permits and other approvals specified in the rules. The center may make available information about the timeliness of the determinations by the department of natural resources on licenses, permits and other approvals that are specified in the rules.

SB77, s. 4464 Section 4464. 560.42 (4) (a) of the statutes is amended to read:

SB77,1725,16 560.42 (4) (a) The bureau center shall maintain and publicize the availability of a toll-free telephone line available to in-state and out-of-state callers to the bureau center.

SB77, s. 4465 Section 4465. 560.42 (4) (b) of the statutes is amended to read:

SB77,1725,20 560.42 (4) (b) The bureau center shall seek to explain, promote and publicize its services to the public and shall provide information on its services for inclusion in any public informational material on permits provided by regulatory agencies.

SB77, s. 4466 Section 4466. 560.42 (4) (c) of the statutes is amended to read:

SB77,1725,23 560.42 (4) (c) The bureau center shall, in its efforts under pars. (a) and (b), clearly represent that its services are advisory, informational and facilitative only.

SB77, s. 4467 Section 4467. 560.42 (5) (a) of the statutes is amended to read:

SB77,1726,3 560.42 (5) (a) Report. Annually, on or before April 1, the bureau center shall submit a report containing the information required under pars. (am) and (b) to the appropriate standing committees under s. 13.172 (3).

SB77, s. 4468 Section 4468. 560.42 (5) (am) (intro.) of the statutes is amended to read:

SB77,1726,9 560.42 (5) (am) Permit simplification. (intro.) Based on the experience of the bureau center in assisting persons and discussions with regulatory agencies, the bureau center shall periodically submit a report containing recommendations for the legislature, governor, public records board and regulatory agencies concerning all of the following:

SB77, s. 4469 Section 4469. 560.42 (5) (b) (intro.) of the statutes is amended to read:

SB77,1726,14 560.42 (5) (b) Record of assistance. (intro.) Based on the experiences of the bureau center in assisting persons and on reports received under s. 227.116 (4), the bureau center shall periodically prepare information for the legislature, governor, public records board and regulatory agencies which shall include all of the following:

SB77, s. 4470 Section 4470. 560.42 (6) of the statutes is amended to read:

SB77,1726,19 560.42 (6) Permit consolidation. In its annual reports submitted under sub. (5) (a), the bureau center shall include its recommendations concerning the feasibility and desirability of providing consolidated or multiple permit application forms or consolidated hearings on consolidated or multiple permit application forms.

SB77, s. 4471 Section 4471. 560.43 (1) (a) of the statutes is amended to read:

SB77,1726,24 560.43 (1) (a) Designate a staff person to coordinate regulatory agency cooperation with bureau center staff, provide information to bureau center staff on the permit process and direct bureau center staff to appropriate staff within the regulatory agency.

SB77, s. 4472 Section 4472. 560.43 (1) (b) of the statutes is amended to read:

SB77,1727,3 560.43 (1) (b) Cooperate with bureau center staff and respond promptly to requests for assistance in expediting and requests for information on the permit process under s. 560.42.

SB77, s. 4473 Section 4473. 560.43 (1) (c) of the statutes is amended to read:

SB77,1727,6 560.43 (1) (c) Include material provided by the bureau center under s. 560.42 (4) in any public informational material on permits that it provides.

SB77, s. 4474 Section 4474. 560.43 (1) (g) of the statutes is created to read:

SB77,1727,9 560.43 (1) (g) Provide to the center written notification of a change to a permit, along with a copy of the new or revised permit, before the effective date of the change.

SB77, s. 4475 Section 4475. 560.43 (2) (intro.) of the statutes is amended to read:

SB77,1727,14 560.43 (2) Preapplication meetings. (intro.) Each regulatory agency shall provide an opportunity for a preapplication meeting with its staff to any person interested in applying for a permit upon request by the person or the bureau center, and shall comply with the following requirements:

SB77, s. 4476 Section 4476. 560.43 (2) (d) of the statutes is amended to read:

SB77,1727,17 560.43 (2) (d) The regulatory agency shall invite participation by bureau center staff in preapplication meetings when appropriate.

SB77, s. 4477 Section 4477. 560.44 of the statutes is created to read:

SB77,1727,21 560.44 Responsibilities related to brownfields redevelopment projects. (1) Ombudsman. The center shall act as an ombudsman for brownfields redevelopment projects. As ombudsman, the center shall do all of the following:

SB77,1727,23 (a) Promote brownfields redevelopment projects and related educational efforts.

SB77,1727,25 (b) Coordinate interagency activities and responsibilities related to brownfields redevelopment projects.

SB77,1728,3 (c) Coordinate, with the department of industry, labor and job development, training programs or activities for unemployed persons who reside in the vicinity of a brownfields redevelopment project.

SB77,1728,5 (2) Administration of brownfields grant program. The center shall assist in administering the grant program under s. 560.13.

SB77, s. 4478 Section 4478. 560.60 (1v) of the statutes is created to read:

SB77,1728,9 560.60 (1v) "Brownfields" means abandoned, idle or underused industrial or commercial facilities, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

SB77, s. 4479 Section 4479. 560.60 (3) of the statutes is amended to read:

SB77,1728,14 560.60 (3) "Consortium" means an association of a business and a higher educational institution, or an association of a business and the Great Lakes composites consortium, which association is subject to an agreement complying with this subchapter.

SB77, s. 4480 Section 4480. 560.60 (4) of the statutes is repealed and recreated to read:

SB77,1728,18 560.60 (4) "Eligible recipient" means a governing body or a person who is eligible to receive a grant under s. 560.615, a grant or loan under s. 560.62, a grant or loan under s. 560.63 or a grant or loan under s. 560.65.

SB77, s. 4481 Section 4481. 560.60 (10) of the statutes is amended to read:

SB77,1728,24 560.60 (10) "Job" means a regular, nonseasonal full-time position providing full-time equivalent employment for one individual for one year, beginning after a project is completed in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays. "Job" does not include initial training before an employment position begins.

SB77, s. 4482 Section 4482. 560.605 (1) (e) 1. of the statutes is amended to read:

SB77,1729,2 560.605 (1) (e) 1. Except as provided under subd. 2. 3. and s. 560.68 (6), not less than 25% of the cost of the project.

SB77, s. 4483 Section 4483. 560.605 (1) (e) 2. of the statutes is repealed.

SB77, s. 4484 Section 4484. 560.605 (1) (e) 3. of the statutes is created to read:

SB77,1729,6 560.605 (1) (e) 3. For grants under s. 560.615, not less than 50% of the cost of the management assessment and plan.

SB77, s. 4485 Section 4485. 560.605 (1) (f) of the statutes is amended to read:

SB77,1729,9 560.605 (1) (f) The project meets all criteria set forth in s. 560.615, 560.62, 560.625, 560.63, 560.65 or 560.66, whichever is appropriate.

SB77, s. 4486 Section 4486. 560.605 (1) (g) of the statutes is amended to read:

SB77,1729,13 560.605 (1) (g) Funds from the grant or loan under ss. s. 560.615, 560.62, 560.625, 560.63, 560.65 and or 560.66 will not be used to pay overhead costs, except as provided in s. 560.65 (1m) (b), or to replace funds from any other source.