AB655: Bill Text

AB655,103,25 285.62 (7) (bm) Notwithstanding pars. (a) and (b) and s. 285.63, but subject to sub. (6) (c) 1., the department may not modify a preliminary determination made by a certified contractor under sub. (3) (a) unless modification is necessary to comply with the federal clean air act or unless the comments received under subs. (4) to (6) or consideration of the environmental impact as required under s. 1.11 provide clear and convincing evidence that issuance of the permit would cause material harm to public health, safety, or welfare.

AB655, s. 268 Section 268. 285.62 (8) of the statutes is renumbered 285.62 (8) (a).

AB655, s. 269 Section 269. 285.62 (8) (b) of the statutes is created to read:

AB655,104,8 285.62 (8) (b) If a person submits an application for renewal of an operation permit before the date that the operation permit expires, the stationary source may not be required to discontinue operation and the person may not be prosecuted for lack of an operation permit until the department acts under sub. (7), except that this paragraph does not apply in a situation in which its application would contravene the federal clean air act.

AB655, s. 270 Section 270. 285.62 (9) (b) of the statutes is repealed and recreated to read:

AB655,104,18 285.62 (9) (b) Subject to sub. (12), if the department fails to act on an application for an operation permit within the time limit under sub. (7) (b), the department shall, include in a report the reasons for the delay in acting on the application, including the names of the department's employees responsible for review of the application, and recommendations for how to avoid delays in the future in similar situations. The department shall make reports under this subsection available to the public, place a prominent notice of the reports on the department's Internet site, and submit the reports to the joint committee for the review of administrative rules on a quarterly basis.

AB655, s. 271 Section 271. 285.62 (12) of the statutes is created to read:

AB655,104,22 285.62 (12) Extensions. The department may extend any time limit applicable to the department or a certified contractor under this section at the request of an applicant.

AB655, s. 272 Section 272. 285.63 (1) (d) of the statutes is amended to read:

AB655,105,5 285.63 (1) (d) Source will not preclude construction or operation of other source. The stationary source will not degrade the air quality in an area sufficiently to prevent the construction, reconstruction, replacement, modification or operation of another stationary source if the department received plans, specifications and other information under s. 285.61 (2) (a) for the other stationary source prior to commencing its analysis under s. 285.61 (3) for the former stationary source. This paragraph does not apply to an existing source required to have an operation permit.

AB655, s. 273 Section 273. 285.63 (2) (d) of the statutes is repealed.

AB655, s. 274 Section 274. 285.66 (2) of the statutes is renumbered 285.66 (2) (a).

AB655, s. 275 Section 275. 285.66 (2) (b) of the statutes is created to read:

AB655,105,10 285.66 (2) (b) Notwithstanding par. (a), the department may not specify that coverage under a general permit under s. 285.60 (3) expires except as follows:

AB655,105,12 1. The department may specify an expiration date for coverage under a general permit at the request of an owner or operator.

AB655,105,16 2. The department may specify a term of 5 years or longer for coverage under a general permit if the department finds that expiring coverage would significantly improve the likelihood of continuing compliance with applicable requirements compared to coverage that does not expire.

AB655,105,18 3. The department may specify a term of 5 years or less for coverage under a general permit if required by the federal clean air act.

AB655, s. 276 Section 276. 285.66 (3) (a) of the statutes is amended to read:

AB655,105,22 285.66 (3) (a) A permittee shall apply for renewal of an operation permit at least 12 6 months before the operation permit expires. The permittee shall include any new or revised information needed to process the application for renewal.

AB655, s. 277 Section 277. 285.69 (1) (a) of the statutes is amended to read:

AB655,106,2 285.69 (1) (a) Application for permit. Reviewing and acting upon any application for a construction permit. The department shall specify lower fees for persons who submit applications to certified contractors under s. 285.61(1) than for those who submit applications to the department.

AB655, s. 278 Section 278. 285.755 of the statutes is created to read:

AB655,106,9 285.755 Certified contractors. (1) Responsibilities of the department of administration. (a) The department of administration shall certify private contractors to review applications for air pollution control permits for the purposes of determining under ss. 285.61 (2) and 285.62 (2) whether additional information is needed from applicants and of making preliminary determinations under ss. 285.61 (3) and 285.62 (3).

AB655,106,14 (b) No later than the first day of the 7th month beginning after the effective date of this paragraph .... [revisor inserts date], the department of administration, in consultation with the department of natural resources, shall specify minimum standards relating to staffing and professional expertise and other conditions applicable to private contractors certified under this section.

AB655,106,18 (c) The department of administration shall maintain a directory containing the name, address, and contact person for each certified contractor. The department of administration shall update the directory every 3 months and shall provide the directory to the department of natural resources and make it available to the public.

AB655,106,20 (2) Requirements. The department of administration may not certify a contractor under this section unless the contractor does all of the following:

AB655,106,22 (a) Submits an application on a form prescribed by the department of administration in consultation with the department of natural resources.

AB655,106,24 (b) Meets the minimum standards relating to staffing and professional expertise and other conditions that are specified under sub. (1) (b).

AB655,107,2 (c) Submits a signed statement agreeing to conduct the activities described in sub. (1) (a) in accordance with applicable state and federal law.

AB655, s. 279 Section 279. 285.81 (1) (intro.) of the statutes is amended to read:

AB655,107,8 285.81 (1) Permit holder; permit applicant; order recipient. (intro.) Any permit, part of a permit, order, decision or determination by the department under ss. 285.39, 285.60 to 285.69 or 285.75 shall become effective unless the permit holder or applicant or the order recipient seeks a hearing on challenging the action in the following manner:

AB655, s. 280 Section 280. 285.81 (1m) of the statutes is created to read:

AB655,107,13 285.81 (1m) Effect of a challenge. If a permit holder or applicant seeks a hearing challenging part of a permit under sub. (1), the remainder of the permit shall become effective and the permit holder or applicant may begin the activity for which the permit was issued.

AB655, s. 281 Section 281. 289.27 (5) of the statutes is amended to read:

AB655,107,21 289.27 (5) Determination of need; decision by hearing examiner. If a contested case hearing is conducted under this section, the secretary shall issue any decision concerning determination of need, notwithstanding s. 227.46 (2) to (4). The secretary shall direct the hearing examiner to certify the record of the contested case hearing to him or her without an intervening proposed decision. The secretary may assign responsibility for reviewing this record and making recommendations concerning the decision to any employee of the department.

AB655, s. 282 Section 282. 295.13 (4) of the statutes is created to read:

AB655,108,4 295.13 (4) Crediting of financial assurance. If a nonmetallic mining site is subject to a county ordinance under sub. (1) or (2) and the city, village, or town in which a nonmetallic mining site is located required the operator of the mining site to provide financial assurance for nonmetallic mining reclamation of the nonmetallic mining site, the county shall credit the value of the financial assurance provided to the city, village, or town against the amount of financial assurance that the operator is required to provide under the county ordinance.

AB655, s. 283 Section 283. 299.05 (2) (a) of the statutes is amended to read:

AB655,108,7 299.05 (2) (a) Permits, contracts, and other approvals under ss. 30.10 to 30.205 and 30.21 to 30.27.

AB655, s. 284 Section 284. 448.02 (3) (b) of the statutes is amended to read:

AB655,109,4 448.02 (3) (b) After an investigation, if the board finds that there is probable cause to believe that the person is guilty of unprofessional conduct or negligence in treatment, the board shall hold a hearing on such conduct. The board may use any information obtained by the board or the department under s. 655.17 (7) (b), as created by 1985 Wisconsin Act 29, in an investigation or a disciplinary proceeding, including a public disciplinary proceeding, conducted under this subsection and the board may require a person holding a license, certificate or limited permit to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its hearing. A unanimous finding by a panel established under s. 655.02, 1983 stats., or a finding by a court that a physician has acted negligently in treating a patient is conclusive evidence that the physician is guilty of negligence in treatment. A finding that is not a unanimous finding by a panel established under s. 655.02, 1983 stats., that a physician has acted negligently in treating a patient is presumptive evidence that the physician is guilty of negligence in treatment. A certified copy of the findings of fact, conclusions of law and order of the panel or the order of a court is presumptive evidence that the finding of negligence in treatment was made. The board shall render a decision within 90 days after the date on which the hearing is held or, if subsequent proceedings are conducted under s. 227.46 (2), within 90 days after the date on which those proceedings are completed.

AB655, s. 285 Section 285. 448.675 (1) (b) of the statutes is amended to read:

AB655,109,19 448.675 (1) (b) After an investigation, if the affiliated credentialing board finds that there is probable cause to believe that the person is guilty of unprofessional conduct or negligence in treatment, the affiliated credentialing board shall hold a hearing on such conduct. The affiliated credentialing board may require a licensee to undergo and may consider the results of a physical, mental or professional competency examination if the affiliated credentialing board believes that the results of the examination may be useful to the affiliated credentialing board in conducting its hearing. A finding by a court that a podiatrist has acted negligently in treating a patient is conclusive evidence that the podiatrist is guilty of negligence in treatment. A certified copy of the order of a court is presumptive evidence that the finding of negligence in treatment was made. The affiliated credentialing board shall render a decision within 90 days after the date on which the hearing is held or, if subsequent proceedings are conducted under s. 227.46 (2), within 90 days after the date on which those proceedings are completed.

AB655, s. 286 Section 286. 452.05 (3) of the statutes is created to read:

AB655,109,25 452.05 (3) The department may, after consultation with the board, enter into reciprocal agreements with officials of other states or territories of the United States for licensing brokers and salespersons and grant licenses to applicants who are licensed as brokers or salespersons in those states or territories according to the terms of the reciprocal agreements.

AB655, s. 287 Section 287. 452.09 (2) (a) of the statutes is amended to read:

AB655,110,8 452.09 (2) (a) Each Except as provided in a reciprocal agreement under s. 452.05 (3), each applicant for a salesperson's license shall submit to the department evidence satisfactory to the department of successful completion of educational programs approved for this purpose under s. 452.05 (1) (c). The department may waive the requirement under this paragraph upon proof that the applicant has received 10 academic credits in real estate or real estate related law courses from an accredited institution of higher education.

AB655, s. 288 Section 288. 452.09 (2) (c) (intro.) of the statutes is amended to read:

AB655,110,11 452.09 (2) (c) (intro.) Except as provided in par. (d) or a reciprocal agreement under s. 452.05 (3), each applicant for a broker's license shall do all of the following:

AB655, s. 289 Section 289. 452.09 (3) (d) of the statutes is amended to read:

AB655,110,16 452.09 (3) (d) The Except as provided in a reciprocal agreement under s. 452.05 (3), the department may not grant a broker's license to an applicant who does not hold a salesperson's license unless the applicant passes the salesperson's examination and the broker's examination.

AB655, s. 290 Section 290 . Nonstatutory provisions.

AB655,111,4 (1) Energy conservation and efficiency grants; emergency rules. Using the procedure under section 227.24 of the statutes, the public service commission shall promulgate as emergency rules the rules required under section 16.957 (2m) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules promulgated under this subsection may remain in effect until the date on which the permanent rules required under section 16.957 (2m) of the statutes, as created by this act, take effect. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the public service commission is not required to provide evidence that promulgating rules under this subsection as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for the rules promulgated under this subsection.

AB655,111,11 (2) Submission of proposed rules concerning air permits for modified sources. Notwithstanding the time limit in section 285.11 (17) of the statutes, as affected by this act, the department of natural resources shall submit in proposed form the rules required under section 285.11 (17) of the statutes, as affected by this act, relating to regulations that are published before the effective date of this subsection to the legislative council staff under section 227.15 (1) of the statutes no later than August 31, 2004.

AB655,111,12 (3) Report on air permit streamlining efforts.

AB655,111,15 (a) The department of natural resources, in consultation with owners and operators of stationary sources of air pollution, shall develop a report that contains all of the following:

AB655,111,18 1. A list of all existing exemptions under section 285.60 (6) of the statutes, as affected by this act, and all general permits under section 285.60 (3) of the statutes, as affected by this act.

AB655,112,2 2. Recommendations, and related proposed rule revisions, for expanding exemptions under section 285.60 (6) of the statutes, as affected by this act, establishing registration permits under section 285.60 (2g) of the statutes, as created by this act, expanding the use of general permits under section 285.60 (3) of the statutes, as affected by this act, issuing construction permit waivers under section 285.60 (5m) of the statutes, as created by this act, and taking other actions under section 285.60 (10) of the statutes, as created by this act, including consolidating the permits for sources at one facility into one permit.

AB655,112,11 3. A schedule for providing additional reports containing recommendations, and related rule revisions, for expanding exemptions under section 285.60 (6) of the statutes, as affected by this act, expanding the use of registration permits under section 285.60 (2g) of the statutes, as created by this act, expanding the use of general permits under section 285.60 (3) of the statutes, as affected by this act, expanding the issuance of construction permit waivers under section 285.60 (5m) of the statutes, as created by this act, and taking other actions under section 285.60 (10) of the statutes, as created by this act, including consolidating the permits for sources at one facility into one permit.

AB655,112,19 4. A description of requirements in the federal clean air act that limit the department's ability to expand exemptions under section 285.60 (6) of the statutes, as affected by this act, expand the use of registration permits under section 285.60 (2g) of the statutes, as created by this act, expand the use of general permits under section 285.60 (3) of the statutes, as affected by this act, expand the issuance of construction permit waivers under section 285.60 (5m) of the statutes, as created by this act, and take other actions under section 285.60 (10) of the statutes, as created by this act, and recommendations on how these limitations might be overcome.

AB655,112,23 (b) The department of natural resources shall submit the report under paragraph (a) to the legislature in the manner provided under s. 13.172 (2) no later than the first day of the 7th month beginning after the effective date of this paragraph.

AB655,113,2 (4) Report on clean air act state implementation plans. No later than the first day of the 7th month beginning after the effective date of this subsection, the department of natural resources shall submit to the joint committee for review of administrative rules a report that contains all of the following:

AB655,113,7 (a) A description of all of this state's existing and pending state implementation plans under 42 USC 7410 with an analysis of any rules or requirements included in the plans that may not have been necessary to obtain federal environmental protection agency approval but that are federally enforceable as a result of being included in the plans.

AB655,113,10 (b) Recommendations for revisions of state implementation plans to remove rules and other requirements that may not have been necessary to obtain federal environmental protection agency approval.

AB655, s. 291 Section 291. Initial applicability.

AB655,113,14 (1) Lawsuits concerning credit agreements and related documents. The treatment of section 241.02 (3) of the statutes first applies to actions commenced on the effective date of this subsection.

AB655,113,18 (2) Partial deregulation of telecommunications. The treatment of section 196.195 (5m) and (10) of the statutes first applies to proceedings initiated by petitions filed with the public service commission, or by notices made on the public service commission's own motion, on the effective date of this subsection.

AB655,113,21 (3) Energy conservation and efficiency grants. The treatment of section 16.957 (2) (b) 1. (intro.) of the statutes first applies to grants that are awarded on the effective date of the rules promulgated under Section 290 (1 ) of this act.

AB655,114,2 (4) Processing of air permits. The treatment of sections 285.61 (3), (5) (c), (7) (a), (8) (b), and (11), 285.62 (3) (a) (intro.) and (c), (5) (a), (7) (b), and (9) (b), and 285.66 (3) (a) of the statutes, the renumbering and amendment of sections 285.61 (2) and 285.62 (2) of the statutes, and the creation of sections 285.61 (2) (b) and 285.62 (2) (b) first apply to applications submitted on the effective date of this subsection.

AB655,114,5 (5) Review of air pollution control decisions. The treatment of section 285.81 (1) (intro.) and (1m) of the statutes first applies to person who file petitions on the effective date of this subsection.

AB655,114,6 (6) Chapter 30 procedures.

AB655,114,9 (a) The treatment of sections 30.208 and 30.209 of the statutes first applies to applications for individual permits that are submitted to the department of natural resources on the effective date of this paragraph.

AB655,114,12 (b) The treatment of section 30.208 of the statutes first applies to applications for contracts under section 30.20 of the statutes that are submitted to the department of natural resources on the effective date of this paragraph.

AB655, s. 292 Section 292. Effective dates. This act takes effect on the day after publication, except as follows:

AB655,114,17 (1) Energy conservation and efficiency grants. The treatment of section 16.957 (2) (b) 1. (intro.) and (c) 2., (2m), and (3) (b) of the statutes takes effect on July 1, 2005.

AB655,114,18 (End)