SB246: Bill Text

SB246,29,12 (a) Extensions of the period established under sub. (2) because the applicant makes a material modification to the application if the department notifies the applicant in writing of the extension within 30 days after the applicant makes the modification.

SB246,29,14 (b) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

SB246,29,18 (6) Extensions authorized. (a) During the period established under sub. (2), the department and the applicant may jointly agree to a different period for acting on an application than that specified under sub. (2). The department may not require an applicant to agree to a different period as a condition of approving an application.

SB246,29,20 (b) The department may extend the period established under sub. (2) because an application is incomplete if all of the following apply:

SB246,29,23 1. Within 14 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

SB246,29,25 2. The information under subd. 1. is directly related to eligibility for approval of the application or to terms or conditions of the approval.

SB246,30,2 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the approval.

SB246,30,5 4. The extension is not longer than the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

SB246,30,13 (c) The department may extend the period established under sub. (2) for an application by not more than 30 days if, within the period established under sub. (2), the department finds that there is a substantial likelihood that the activity proposed to be conducted under the application would result in substantial harm to human health or human safety and that the department cannot adequately review the application within the period established under sub. (2) and, upon making those findings, provides written notice to the applicant that states with particularity the facts on which those findings are based.

SB246, s. 23 Section 23. 281.36 (2) (b) of the statutes is amended to read:

SB246,31,3 281.36 (2) (b) 1. The department shall approve or deny a complete application for a water quality certification under this section within 120 21 days after the date the department determines that a complete application for the certification has been submitted unless the applicant and the department agree to extend the time period. The department may not determine an application to be complete until the requirements under s. 1.11 have been met and until all of the items of information for the water quality certification and for any associated permits or other approvals have been submitted to the department. If the department fails to approve or deny the complete application within the applicable time period, the applicant may bring an action for mandamus to compel the department to approve or deny the application. If the court grants the mandamus, the department shall approve or deny the application within 30 days after the mandamus is granted and the court shall award the applicant reasonable attorney fees and court costs incurred in bringing the action.

SB246,31,17 2. For purposes of subd. 1., the department shall initially determine whether a complete application has been submitted and, no later than 30 14 days after the application is submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this subdivision. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the project for which the the application has been submitted.

SB246, s. 24 Section 24. 299.05 of the statutes is repealed and recreated to read:

SB246,31,21 299.05 Deadlines for action on certain applications. (1) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

SB246,31,22 (a) A well driller or pump installer registration under s. 280.15.

SB246,31,24 (b) A water system, wastewater treatment plant, or septage servicing vehicle operator certification under s. 281.17 (3).

SB246,31,25 (c) A license for servicing septic tanks and similar facilities under s. 281.48 (3).

SB246,32,1 (d) A solid waste incinerator operator certification under s. 285.51 (2).

SB246,32,2 (e) An ozone-depleting refrigerant removal approval under s. 285.59.

SB246,32,3 (em) An air pollution control permit under s. 285.60.

SB246,32,4 (f) A solid waste disposal facility operator certification under s. 289.42 (1).

SB246,32,5 (g) A hazardous waste transportation service license under s. 291.23.

SB246,32,6 (h) A metallic mining exploration license under s. 293.21.

SB246,32,7 (i) An oil or gas exploration license under s. 295.33 (1).

SB246,32,8 (j) A laboratory certification or registration under s. 299.11.

SB246,32,9 (k) A medical waste transportation license under s. 299.51 (3) (c).

SB246,32,15 (2) Failure to meet deadline. (a) Subject to sub. (4), the department shall refund fees paid by the applicant for a license or other approval specified in sub. (1) if the department fails to provide the applicant with written notice that the department has approved or disapproved the application for the license or other approval, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the license or other approval.

SB246,32,22 (b) Subject to sub. (4), if the department fails to provide the applicant for a license or other approval specified in sub. (1) with written notice that the department has approved or disapproved the application before the expiration of the period established under sub. (1) for the license or other approval, the applicant may choose to proceed under ch. 227 as though the department had disapproved the application by providing the department with written notice of that choice no later than 45 days after the expiration of the period established under sub. (1).

SB246,32,25 (c) The department may not disapprove an application for a license or other approval solely because the department is unable to complete its review of the application within the period established under sub. (1).

SB246,33,3 (3) Notice of deadline. Upon receiving an application for a license or other approval specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the license or other approval.

SB246,33,6 (4) Permitted extension of deadline. The department may extend the period established under sub. (1) because an application is incomplete if all of the following apply:

SB246,33,9 (a) Within 14 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

SB246,33,11 (b) The information under par. (a) is directly related to eligibility for the license or other approval or to terms or conditions of the license or other approval.

SB246,33,14 (c) The information under par. (a) is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the license or other approval.

SB246,33,17 (d) The extension is not longer than the number of days from the day on which the department provides the notice under par. (a) to the day on which the department receives the information.

SB246, s. 25 Section 25. 299.06 of the statutes is created to read:

SB246,33,21 299.06 Automatic approval of certain applications. (1) Deadlines. The department, by rule, shall establish periods within which the department intends to approve or disapprove an application for any of the following:

SB246,33,22 (a) A high-capacity well approval under s. 281.17 (1).

SB246,33,23 (b) A water pollution discharge permit under s. 283.31 or 283.33.

SB246,33,24 (d) A solid waste facility determination of feasibility under s. 289.29.

SB246,33,25 (e) A solid waste facility operating license under s. 289.31.

SB246,34,1 (f) A hazardous waste facility operating license under s. 291.25.

SB246,34,2 (g) A prospecting permit under s. 293.45.

SB246,34,3 (h) An oil or gas production license under s. 295.33 (2).

SB246,34,5 (i) Permits and other determinations under ss. 30.10, 30.12, 30.123, 30.18, 30.19, and 30.20.

SB246,34,23 (2) Failure to meet deadline. (a) Subject to subs. (4) (b) and (5), failure by the department to provide the applicant for a permit, approval, or other determination specified in sub. (1) with written notice that the department has approved or disapproved the application for the permit, approval, or other determination, including the specific facts upon which any disapproval is based, before the expiration of the period established under sub. (1) for the permit, approval, or other determination, constitutes approval of the application. A permit, approval, or other determination approved under this paragraph is subject to any terms or conditions specified by statute or rule for the permit, approval, or other determination and the department may suspend, limit, revoke, or withdraw the permit, approval, or other determination for substantial failure to comply with those terms or conditions. The department may not make the permit, approval, or other determination subject to any term or condition that is not specified by statute or rule. Within 30 days after the expiration of the period established under sub. (1) for the permit, approval, or other determination, the department shall provide the applicant with a statement showing that the permit, approval, or other determination is approved and specifying any terms and conditions that apply to that permit, approval, or other determination.

SB246,35,3 (b) The department may not disapprove an application for a permit, approval, or other determination solely because the department is unable to complete its review of the application within the period established under sub. (1).

SB246,35,7 (3) Notice of deadline. Upon receiving an application for a permit, approval, or other determination specified in sub. (1), the department shall inform the applicant of the period established under sub. (1) for the permit, approval, or other determination.

SB246,35,9 (4) Optional provisions of rules. The department may include any of the following in the rules required under sub. (1):

SB246,35,12 (a) A longer period under sub. (1) for an application for a permit, approval, or other determination for which an environmental impact statement is required under s. 1.11 than for other applications.

SB246,35,16 (b) Extensions of the period established under sub. (1) because the applicant makes a material modification to the application if the department notifies the applicant in writing of the extension within 30 days after the applicant makes the modification.

SB246,35,18 (c) Deadlines for the department to complete intermediate steps in the process of completing its review of an application.

SB246,35,23 (5) Extensions authorized. (a) During the period established under sub. (1), the department and the applicant may jointly agree to a different period for acting on an application for a permit, approval, or other determination than that specified under sub. (1). The department may not require an applicant to agree to a different period as a condition of approving an application.

SB246,35,25 (b) The department may extend the period established under sub. (1) because an application is incomplete if all of the following apply:

SB246,36,3 1. Within 14 days after receiving the application, the department provides written notice to the applicant describing specifically the information that must be provided to complete the application.

SB246,36,6 2. The information under subd. 1. is directly related to eligibility for the permit, approval, or other determination or to terms or conditions of the permit, approval, or other determination.

SB246,36,9 3. The information under subd. 1. is necessary to determine whether to approve the application or is necessary to determine the terms or conditions of the permit, approval, or other determination.

SB246,36,12 4. The extension is not longer than the number of days from the day on which the department provides the notice under subd. 1. to the day on which the department receives the information.

SB246,36,20 (c) The department may extend the period established under sub. (1) for an application by not more than 30 days if, within the period established under sub. (1), the department finds that there is a substantial likelihood that the activity proposed to be conducted under the application would result in substantial harm to human health or human safety and that the department cannot adequately review the application within the period established under sub. (1) and, upon making those findings, provides written notice to the applicant that states with particularity the facts on which those findings are based.

SB246, s. 26 Section 26. 341.19 (4) of the statutes is amended to read:

SB246,36,23 341.19 (4) The department shall promulgate rules to implement this section and shall promulgate any rule required under s. 85.16 (3).

SB246, s. 27 Section 27. 343.02 (1) of the statutes is amended to read:

SB246,37,6 343.02 (1) The department shall administer and enforce this chapter and may promulgate for that purpose such rules as the secretary considers necessary and shall promulgate any rule required under s. 85.16 (3). Rules promulgated under this chapter may not conflict with and shall be at least as stringent as standards set by the federal commercial motor vehicle safety act, 49 USC 31301 to 31317 and the regulations adopted under that act.

SB246, s. 28 Section 28. 343.305 (11) of the statutes is amended to read:

SB246,37,13 343.305 (11) Rules. The department shall promulgate rules under ch. 227 necessary to administer this section and shall promulgate any rule required under s. 85.16 (3). The rules shall include provisions relating to the expeditious exchange of information under this section between the department and law enforcement agencies, circuit courts and district attorneys. The rules may not affect any provisions relating to court procedure.

SB246, s. 29 Section 29. Initial applicability.

SB246,37,16 (1) This act first applies to applications that are received on the effective date of this subsection.

SB246, s. 30 Section 30. Effective date.

SB246,37,19 (1) This act takes effect on the first day of the 13th month beginning after publication.

SB246,37,20 (End)