AB655: Bill Text

AB655, s. 142 Section 142. 30.206 (7) of the statutes is amended to read:

AB655,54,18 30.206 (7) This section does not apply to an application for a general permit for the Wolf River and Fox River basin area or any area designated under s. 30.207 (1m) if the application for the general permit may be submitted under s. 30.207.

AB655, s. 143 Section 143. 30.207 (1) of the statutes is amended to read:

AB655,55,3 30.207 (1) Geographical area. For purposes of this section and s. 30.12 (3) (bt) 30.2023, the Wolf River and Fox River basin area consists of all of Winnebago County; the portion and shoreline of Lake Poygan in Waushara County; the area south of STH 21 and east of STH 49 in Waushara County; that portion of Calumet County in the Lake Winnebago watershed; all of Fond du Lac County north of STH 23; that portion of Outagamie County south and east of USH 41; that portion of Waupaca County that includes the town of Mukwa, city of New London, town of Caledonia, town of Fremont; and the portion and shoreline of Partridge Lake and the Wolf River in the town of Weyauwega.

AB655, s. 144 Section 144. 30.207 (3) (d) 2. of the statutes is amended to read:

AB655,55,7 30.207 (3) (d) 2. Specify the department's plans for proceeding on the application. The plans shall include a timetable for the notice and hearing required under sub. (4).

AB655, s. 145 Section 145. 30.207 (4) (b) of the statutes is repealed.

AB655, s. 146 Section 146. 30.207 (5) of the statutes is repealed.

AB655, s. 147 Section 147. 30.208 of the statutes is created to read:

AB655,55,15 30.208 Applications for individual permits and contracts; department determinations. (1) Application required. A person who seeks to obtain or modify an individual permit under this subchapter or to enter into a contract under s. 30.20 shall submit an application to the department. The application may contain a request for a public hearing on the application.

AB655,55,23 (3) Notice of complete application; request for public hearing; decision. (a) Upon determination by the department that an application submitted under sub. (1) is complete, the department shall provide notice of complete application to interested and potentially interested members of the public, as determined by the department. The department shall provide the notice within 15 days after the determination that the application is complete. If the applicant has requested a public hearing as part of the submitted application, a notice of public hearing shall be part of the notice of complete application.

AB655,56,2 (b) If the notice of complete application does not contain a notice of public hearing, any person may request a public hearing in writing or the department may decide to hold a public hearing without a request being submitted if the department determines that there is a significant public interest in holding a hearing.

AB655,56,7 (c) A request for a public hearing under par. (b) must be submitted to the department or the department's decision to hold a public hearing must occur within 30 days after the department completes providing the notice of complete application. The department shall provide notice of public hearing within 15 days after the request for public hearing is submitted or the department makes its determination.

AB655,56,9 (d) The department shall hold a public hearing within 30 days after the notice of hearing has been provided under par. (a) or (c).

AB655,56,13 (e) Within 30 days after the public hearing is held or, if no public hearing is held, within 30 days of the 30-day comment period under sub. (4) (a), the department shall render a decision, issuing, denying, or modifying the permit or approving the contract that is the subject of the application submitted under sub. (1).

AB655,56,22 (4) Public comment. (a) The department shall provide a period for public comment after the department has provided a notice of complete application under sub. (3) (a), during which time any person may submit written comments with respect to the application for the permit or contract. The department shall retain all of the written comments submitted during this period and shall consider all of the comments in the formulation of the final decision on the application. The period for public comment shall end on the 30th day following the date on which the department completes providing the notice of complete application, except as provided in par. (b).

AB655,56,24 (b) If a public hearing is held, the period for public comment shall end on the 10th day following the date on which the public hearing is completed.

AB655,57,3 (d) The department shall promulgate rules to establish procedures for the conduct of public hearings held under this subsection. Public hearings held under this subsection are not contested cases under s. 227.01 (3).

AB655,57,7 (5) Notice requirements. (a) The department shall, by rule, establish procedures for providing notices of complete applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1). The procedures shall require all of the following:

AB655,57,8 1. That the notice be published as a class 1 notice under ch. 985.

AB655,57,9 2. That the notice be mailed to any person or group upon request.

AB655,57,13 (b) The department shall, by rule, prescribe the form and content of notices of complete applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1). Each notice shall include all of the following information:

AB655,57,14 1. The name and address of each applicant or permit holder.

AB655,57,16 2. A brief description of each applicant's activity or project that requires the permit.

AB655,57,17 3. The name of the waterway in or for which the activity or project is planned.

AB655,57,20 4. For a notice of complete application and a notice of public hearing under sub. (3), a statement of the tentative determination to issue, modify, or deny a permit for the activity or project described in the application.

AB655,57,23 5. For a notice of complete application and a notice of public hearing under sub. (3), a brief description of the procedures for the formulation of final determinations, including a description of the comment period required under sub. (4).

AB655,57,25 (c) The department may delegate the department's requirement to provide notice under sub. (3) or s. 30.209 (1) by doing any of the following:

AB655,58,2 1. Requiring that the applicant for the permit or contract provide by publication, mailing, or other distribution or more of the notices.

AB655,58,4 2. That the applicant for the permit or contract pay for the publication, mailing, or any other distribution costs of providing one or more of the notices.

AB655, s. 148 Section 148. 30.209 of the statutes is created to read:

AB655,58,9 30.209 Individual permits; administrative and judicial review. (1) Administrative review. (a) An applicant for or holder of an individual permit, or 5 or more persons, may file a petition for administrative review of any of the following decisions given by the department:

AB655,58,11 1. The issuance, denial, or modification of any individual permit issued under this subchapter.

AB655,58,13 2. The imposition of, or failure to impose, a term or condition on any individual permit issued under this subchapter.

AB655,58,17 (b) A petition under this subsection shall be filed with the department within 30 days after the date on which the department has given notice of its decision under par. (a) 1. or 2. The petition shall state the interest of each petitioner, the specific issue to be reviewed, and the reasons why an administrative hearing is warranted.

AB655,58,21 (c) Unless the department determines that there are no grounds supporting the position that an administrative hearing is warranted, the department shall provide a notice of the hearing at least 30 days before the date of the hearing to all of the following:

AB655,58,22 1. The applicant for or the holder of the permit.

AB655,58,23 2. Each petitioner, if other than the applicant or holder.

AB655,58,25 3. Any other persons required to receive notice under the rules promulgated under s. 30.208 (5).

AB655,59,2 (d) The notice under par. (c) shall be in compliance with all of the other applicable rules promulgated under s. 30.208 (5).

AB655,59,4 (e) The administrative hearing shall be conducted as a contested case hearing in accordance with the procedures under ch. 227.

AB655,59,8 (2) Judicial review. (a) Any applicant for or holder of an individual permit or any other person who satisfies the requirements of s. 227.52 may commence an action in circuit court to review any of the decisions given by the department that are specified in sub. (1) (a) 1. and 2.

AB655,59,10 (b) An action filed under par. (a) by an applicant for or holder of an individual permit shall be in lieu of the applicant or holder seeking review under sub. (1).

AB655,59,15 (c) Any administrative review petitioned for under sub. (1) may be removed to the circuit court by the applicant for the permit, the holder of the permit, or the department. The review shall be commenced by filing a motion for removal together with a copy of the petition filed under sub. (1). The motion must be filed within 30 days after notice is provided under sub. (1) (c).

AB655,59,18 (d) An action or review commenced under this subsection shall be filed in the circuit court for the county in which the riparian property that is subject to a decision by the department, as specified in sub. (1) (a) 1. and 2., is located.

AB655,59,20 (e) A review under par. (c) or (d) shall include the examination of witnesses and the taking of evidence before the court.

AB655, s. 149 Section 149. 30.28 (3) (b) of the statutes is amended to read:

AB655,59,23 30.28 (3) (b) This section does not apply to a permit issued under s. 30.12 (3) (a) 2., 2m. or 3. or (4) (c) or (d).

AB655, s. 150 Section 150. 30.29 (3) (d) of the statutes is amended to read:

AB655,60,5 30.29 (3) (d) Activities for which a permit is issued. A person or agent of a person who is issued a permit by the department while the person or agent is engaged in activities related to the purpose for which the permit is issued as authorized under a general or individual permit issued under this subchapter or as authorized under a contract entered into under this subchapter.

AB655, s. 151 Section 151. 30.298 (3) of the statutes is amended to read:

AB655,60,10 30.298 (3) Any person who violates a general permit under s. 30.206 shall forfeit not less than $10 nor more than $500 for the first offense and shall forfeit not less than $50 nor more than $500 upon conviction of the same offense a 2nd or subsequent time.

AB655, s. 152 Section 152. 31.39 (2m) (c) of the statutes is amended to read:

AB655,60,14 31.39 (2m) (c) If more than one fee under sub. (2) (a) or s. 30.28 (2) (a) or 281.22 is applicable to a project, the department shall charge only the highest fee of those that are applicable.

AB655, s. 153 Section 153. 66.0628 of the statutes is created to read:

AB655,60,17 66.0628 Fees imposed by a political subdivision. (1) In this section, "political subdivision" means a city, village, town, or county.

AB655,60,19 (2) Any fee that is imposed by a political subdivision shall bear a reasonable relationship to the service for which the fee is imposed.

AB655,60,23 (3) With regard to a fee that is first imposed, or an existing fee that is increased, on or after the effective date of this subsection .... [revisor inserts date], a political subdivision shall issue written findings that demonstrate that the fee meets the standard in sub. (2).

AB655, s. 154 Section 154. 66.1001 (2) (e) of the statutes is amended to read:

AB655,61,9 66.1001 (2) (e) Agricultural, natural and cultural resources element. A compilation of objectives, policies, goals, maps and programs for the conservation, and promotion of the effective management, of natural resources such as groundwater, forests, productive agricultural areas, environmentally sensitive areas, threatened and endangered species, stream corridors, surface water, floodplains, wetlands, wildlife habitat, metallic and nonmetallic mineral resources consistent with zoning limitations under s. 295.20 (2), parks, open spaces, historical and cultural resources, community design, recreational resources and other natural resources.

AB655, s. 155 Section 155. 66.1001 (4) (a) of the statutes is amended to read:

AB655,61,24 66.1001 (4) (a) The governing body of a local governmental unit shall adopt written procedures that are designed to foster public participation, including open discussion, communication programs, information services, and public meetings for which advance notice has been provided, in every stage of the preparation of a comprehensive plan. The written procedures shall provide for wide distribution of proposed, alternative, or amended elements of a comprehensive plan and shall provide an opportunity for written comments on the plan to be submitted by members of the public to the governing body and for the governing body to respond to such written comments. The written procedures shall describe the methods the governing body of a local governmental unit will use to distribute proposed, alternative, or amended elements of a comprehensive plan to owners of property, or to persons who have a leasehold interest in property pursuant to which the persons may extract nonmetallic mineral resources in or on property, in which the allowable use or intensity of use, of the property, is changed by the comprehensive plan.

AB655, s. 156 Section 156. 66.1001 (4) (e) of the statutes is created to read:

AB655,62,5 66.1001 (4) (e) At least 30 days before the hearing described in par. (d) is held, a local governmental unit shall provide written notice to all owners of property, and all leaseholders who have an interest in property pursuant to which the persons may extract nonmetallic mineral resources, in which the allowable use or intensity of use, of the property, is changed by the comprehensive plan, including all of the following:

AB655,62,7 1. An operator who has obtained, or made application for, a permit that is described under s. 295.12 (3) (d).

AB655,62,9 2. A person who has registered a marketable nonmetallic mineral deposit under s. 295.20.

AB655,62,11 3. Any other person who the local governmental unit knows has a property interest in nonmetallic mineral resources in the jurisdiction.

AB655, s. 157 Section 157. 84.18 (6) of the statutes is amended to read:

AB655,63,2 84.18 (6) Execution and control of work. Subject to s. 30.12 (4) 30.2022 and the control exercised by the United States, the construction under this section of any local bridge project shall be wholly under the supervision and control of the department. The secretary shall make and execute all contracts and have complete supervision over all matters pertaining to such construction and shall have the power to suspend or discontinue proceedings or construction relative to any bridge project at any time in the event any county, city, village or town fails to pay the amount required of it for any project eligible for construction under this section, or if the secretary determines that sufficient funds to pay the state's part of the cost of such bridge project are not available. All moneys provided by counties, cities, villages and towns shall be deposited in the state treasury, when required by the secretary, and paid out on order of the secretary. Any of the moneys deposited for a project eligible for construction under this section which remain in the state treasury after the completion of the project shall be repaid to the respective county, city, village or town in proportion to the amount each deposited.

AB655, s. 158 Section 158. 106.01 (9) of the statutes is amended to read:

AB655,63,11 106.01 (9) The Subject to s. 106.04, the department may investigate, fix reasonable classifications, issue promulgate rules and, issue general or special orders, and, hold hearings, make findings, and render orders upon its findings as shall be necessary to carry out the intent and purposes of this section. The investigations, classifications, hearings, findings, and orders shall be made as provided in s. 103.005. Except as provided in sub. (8), the penalties specified in s. 103.005 (12) apply to violations of this section. Orders issued under this subsection are subject to review under ch. 227.

AB655, s. 159 Section 159. 106.025 (4) of the statutes is amended to read:

AB655,63,21 106.025 (4) In order that the apprentice may qualify at the end of apprenticeship as a skilled mechanic in the art of installing plumbing work, the department, subject to s. 106.04, may prescribe the level of supervision of an apprentice and the character of plumbing work that the apprentice may do during the 3rd year of the apprenticeship term. An apprentice in the 4th or 5th year of the apprenticeship term may install plumbing under the direction or supervision of a master or journeyman plumber without either the master or journeyman being physically present, provided that the master plumber in charge shall be responsible for the work.

AB655, s. 160 Section 160. 106.04 of the statutes is created to read:

AB655,64,2 106.04 Apprentice-to-journeyman job-site ratio regulation prohibited. The department may not prescribe, whether by promulgating a rule, issuing a general or special order, or otherwise, the ratio of apprentices to journeymen that an employer may have at a job site.

AB655, s. 161 Section 161. 146.82 (2) (a) (intro.) of the statutes is amended to read:

AB655,64,6 146.82 (2) (a) (intro.) Notwithstanding It is not a violation of sub. (1), to release patient health care records shall be released upon request without informed consent in the following circumstances:

AB655, s. 162 Section 162. 146.82 (2) (a) 22. of the statutes is created to read:

AB655,64,9 146.82 (2) (a) 22. For purposes of health care operations, as defined in 45 CFR 164.501, and as authorized under 45 CFR 164, subpart E.

AB655, s. 163 Section 163. 196.195 (5m) of the statutes is created to read:

AB655,64,17 196.195 (5m) Time limitation on commission action. (a) No later than 120 days after the filing of a petition under sub. (2) (a), the commission shall complete the proceedings under subs. (2), (3), and (4), and, if appropriate, enter an order under sub. (5). If the commission fails to complete the proceedings and, if appropriate, enter an order before that deadline, the petition is considered to be granted without condition by the commission and any provisions of law under sub. (5) that are specified in the petition are considered to be suspended by the commission.

AB655,64,24 (b) No later than 120 days after the commission provides notice of its own motion under sub. (2) (a), the commission shall complete the proceedings under subs. (2), (3), and (4), and, if appropriate, enter an order under sub. (5). If the commission fails to complete the proceedings and, if appropriate, enter an order before that deadline, the motion is considered to be granted without condition by the commission and any provisions of law under sub. (5) that are specified in the motion are considered to be suspended by the commission.

AB655, s. 164 Section 164. 196.195 (10) of the statutes is amended to read:

AB655,65,4 196.195 (10) Revocation of deregulation. If necessary to protect the public interest, the commission, at any time by order, may revoke its order to suspend the applicability of any provision of law suspended under sub. (5). This subsection does not apply to any provision of law that is considered to be suspended under sub. (5m).

AB655, s. 165 Section 165. 196.24 (3) of the statutes is amended to read:

AB655,65,16 196.24 (3) The commission may conduct any number of investigations contemporaneously through different agents, and may delegate to any agent the authority to take testimony bearing upon any investigation or at any hearing. The decision of the commission shall comply with s. 227.46 and shall be based upon its records and upon the evidence before it, except that, notwithstanding s. 227.46 (4), a decision maker may hear a case or read or review the record of a case if the record includes a synopsis or summary of the testimony and other evidence presented at the hearing that is prepared by the commission staff. Parties shall have an opportunity to demonstrate to a decision maker that a synopsis or summary prepared under this subsection is not sufficiently complete or accurate to fairly reflect the relevant and material testimony or other evidence presented at a hearing.

AB655, s. 166 Section 166. 196.374 (3) of the statutes is amended to read:

AB655,66,6 196.374 (3) In 2000, 2001 and 2002, the commission shall require each utility to spend a decreasing portion of the amount determined under sub. (2) on programs specified in sub. (2) and contribute the remaining portion of the amount to the commission for deposit in the fund. In Except as provided in sub. (3m), in each year after 2002, each utility shall contribute the entire amount determined under sub. (2) to the commission for deposit in the fund. The commission shall ensure in rate-making orders that a utility recovers from its ratepayers the amounts spent on programs or contributed to the fund under this subsection or retained under sub. (3m). The commission shall allow each utility the option of continuing to use, until January 1, 2002, the moneys that it has recovered under s. 196.374 (3), 1997 stats., to administer the programs that it has funded under s. 196.374 (1), 1997 stats. The commission may allow each utility to spend additional moneys on the programs specified in sub. (2) if the utility otherwise complies with the requirements of this section and s. 16.957 (4).

AB655, s. 167 Section 167. 196.374 (3m) of the statutes is created to read: