AP8 SB1: Bill Text

SB1,155,11 b. A brief description of the proposal for which the application is made, including the amount of the proposed withdrawal or diversion.

SB1,155,14 c. A brief description of the procedures for the formulation of final determinations on applications, including the 30-day comment period required under par. (c).

SB1,155,20 (c) Public comment. The department shall receive public comments on a proposal for which it receives an application to which par. (b) 1. applies or on a proposed general permit under sub. (4s) (a) for a 30-day period beginning when the department gives notice under par. (b) 1. The department shall retain all written comments submitted during the comment period and shall consider the comments in making its decisions on the application.

SB1,156,6 (d) Public hearing. 1. The department shall provide an opportunity for any interested person or group of persons, any affected local governmental unit, or any state agency to request a public hearing with respect to a proposal for which the department receives an application under to which par. (b) 1. applies or on a proposed general permit under sub. (4s) (a). A request for a public hearing shall be filed with the department within 30 days after the department gives notice under par. (b). The party filing a request for a public hearing shall indicate the interest of the party and the reasons why a hearing is warranted. The department shall hold a public hearing on a proposal for which the department receives an application to which par. (b) 1. applies or on a proposed general permit under sub. (4s) (a) if the department determines that there is a significant public interest in holding a hearing.

SB1,156,9 2. The department shall promulgate, by rule, procedures for the conduct of public hearings held under this paragraph. A hearing held under this paragraph is not a contested case hearing under ch. 227.

SB1,156,11 3. The department shall circulate public notice of any hearing held under this paragraph in the manner provided under par. (b) 1.

SB1,157,2 (e) Public access to information. Any record or other information provided to or obtained by the department regarding a proposal for which an application under sub. (4) or (5) is received is a public record as provided in subch. II of ch. 19. The department shall make available to and provide facilities for the public to inspect and copy any records or other information provided to or obtained by the department regarding a proposal for which an application for a new or increased diversion or withdrawal under sub. (4) or (5) is received, except that any record or other information provided to the department may be treated as confidential upon a showing to the secretary that the record or information is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), or upon a determination by the department that domestic security concerns warrant confidential treatment. Nothing in this subsection prevents the use of any confidential records or information obtained by the department in the administration of this section in compiling or publishing general analyses or summaries, if the analyses or summaries do not identify a specific owner or operator.

SB1,157,6 (h) Expediting review. The department shall take appropriate measures to expedite, to the extent feasible, applicable reviews by the regional body, Great Lakes council, parties, and the provinces of Ontario and Quebec of applications under this section that are subject to regional review.

SB1,157,12 (10m) Amendment of coastal management program. (a) The Wisconsin coastal management council, created under s. 14.019, shall amend this state's coastal management program submitted to the U.S. secretary of commerce under 16 USC 1455, to incorporate the requirements of this section, as they apply to the water resources of the Great Lakes basin, and shall formally submit the proposed amendments to the U.S. secretary of commerce.

SB1,157,16 (b) After approval of the amendments submitted to the U.S. secretary of commerce under par. (a), the Wisconsin coastal management council shall, when conducting federal consistency reviews under 16 USC 1456 (c), consider the requirements specified under par. (a), if applicable.

SB1,157,20 (c) If the department issues a permit for a withdrawal to which this section applies, and the withdrawal is subject to a federal consistency review under 16 USC 1456 (c), the Wisconsin coastal management council shall certify that the withdrawal is consistent with this state's coastal management program.

SB1,158,4 (11) Information, reports, and assessments. (a) Statewide inventory. 1. The department shall develop and maintain a water resources inventory consisting of information about the waters of the state including information about the location, type, quantity, and uses of water resources and the location, and type of diversions, withdrawals, and consumptive uses and quantities of withdrawals and water losses. The department shall develop the inventory in cooperation with federal and local governmental entities, agencies of this state and of the other parties, tribal agencies, and private entities. The department shall use information in the registry under sub. (3) (c) in creating the inventory.

SB1,158,8 2. The department shall create the water resources inventory under subd. 1. no later than the first day of the 72nd month beginning after the effective date of this subdivision .... [revisor inserts date], or the first day of the 60th month beginning after the compact's effective date whichever is later.

SB1,158,14 (b) Annual report on water resources. Beginning within 60 months after the compact's effective date, the department shall annually report to the Great Lakes council the information from par. (a) regarding withdrawals that average 100,000 gallons per day or more over a 30-day period, including consumptive uses, in the basin and any diversions, as well as the amounts of the withdrawals, water losses from consumptive uses, and diversions in the basin reported under sub. (3) (e).

SB1,158,20 (c) Program report. No later than 12 months after the compact's effective date, and every 5 years thereafter, the department shall submit a report to the Great Lakes council and the regional body describing the implementation of the program under this section, including the manner in which withdrawals from the Great Lakes basin are managed, how the criteria for approval under subs. (4), (5), and (6) are applied, and how conservation and efficiency measures are implemented.

SB1,159,5 (d) Assessment of water conservation and efficiency program. After the compact's effective date, the department shall annually assess the effectiveness of the water conservation and efficiency program under sub. (8) (c) in meeting the Great Lakes basin water conservation and efficiency goals under sub. (8) (a). In each assessment, the department shall consider whether there is a need to adjust the Great Lakes basin water conservation and efficiency program in response to new demands for water from the basin and the potential impacts of the cumulative effects of diversions, withdrawals, and consumptive uses and of climate. The department shall provide the assessment to the Great Lakes council and the regional body and make it available to the public.

SB1,159,8 (e) Assessment of cumulative impacts. The department shall participate in the periodic assessment of the impacts of withdrawals, diversions, and consumptive uses under s. 281.343 (4z) (a).

SB1,159,12 (f) Report on threshold. No later than the 60th month beginning after the compact's effective date, the department shall submit to the legislature under s. 13.172 (2) a report analyzing the impact of the threshold under sub. (5) (a) and providing any recommendations to change the threshold.

SB1,159,21 (g) Water use report. Beginning no later than 8 years after the effective date of this paragraph .... [revisor inserts date], or 5 years after the last report published under s. 281.344 (11), whichever is earlier, and every 5 years thereafter, the department, using water use data reported under this section, shall publish a water use report to summarize water usage, identify related trends, identify areas of future water usage concerns, and recommend future actions to promote sustainable water use. The department shall also include in the report water resource information derived from reporting and data accumulation requirements under other water regulatory laws.

SB1,160,2 (13m) Exceedances. It is not a violation of this section to withdraw an amount of water that exceeds the withdrawal amount specified in a permit issued under sub. (5) or in the database under sub. (4s) (i), unless the amount by which the withdrawal exceeds the withdrawal amount would result in the application of the state decision-making standard under sub. (5m) or the compact decision-making standard under sub. (6).

SB1,160,6 (14) Penalties. (a) Any person who violates this section or any rule promulgated or approval issued under this section shall forfeit not less than $10 nor more than $10,000 for each violation. Each day of continued violation is a separate offense.

SB1,160,10 (c) In addition to the penalties under par. (a), the court may order the defendant to abate any nuisance, restore a natural resource, or take, or refrain from taking, any other action as necessary to eliminate or minimize any environmental damage caused by the violation.

SB1, s. 19 Section 19. 281.348 of the statutes is created to read:

SB1,160,13 281.348 Water supply service area plans for public water supply systems. (1) Definitions. In this section:

SB1,160,15 (a) "Compact's effective date" means the effective date of the Great Lakes—St. Lawrence River Basin Water Resources Compact under s. 281.343 (9) (d).

SB1,160,18 (b) "Cost-effectiveness analysis" means a systematic comparison of alternative means of providing a water supply in order to identify alternatives that will minimize total resources costs and maximize environmental benefits over a planning period.

SB1,160,20 (c) "Great Lakes basin" means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois—Rivieres, Quebec.

SB1,160,24 (d) "Public water supply" means water distributed to the public through a physically connected system of treatment, storage, and distribution facilities that serve a group of largely residential customers and that may also serve industrial, commercial, and other institutional customers.

SB1,161,2 (e) "Total resources costs" includes monetary costs and direct and indirect environmental as well as other nonmonetary costs.

SB1,161,3 (f) "Withdraw" means to take water from surface water or groundwater.

SB1,161,6 (g) "Withdrawal" means the taking of water from surface water or groundwater, including the taking of surface water or groundwater for the purpose of bottling the water.

SB1,161,9 (2) Determinations concerning applicability of requirements. (a) For the purposes of this section, the surface water divide is used to determine whether a withdrawal of surface water or groundwater is from the Great Lakes basin.

SB1,161,12 (b) For the purposes of this section, the withdrawal of water from more than one source within the Great Lakes basin to supply a common distribution system is considered one withdrawal.

SB1,161,17 (3) Requirements. (a) 1. The department shall establish, by rule, and administer a continuing water supply planning process for the preparation of water supply plans for persons operating public water supply systems. The period covered by a plan under this subsection may not exceed 20 years. A regional planning commission may prepare plans for persons operating public water supply systems.

SB1,161,20 2. A person operating a public water supply system that serves a population of 10,000 or more and that withdraws water from the waters of the state shall have an approved plan under this section no later than December 31, 2025.

SB1,161,22 (b) The department shall include in the process under par. (a) procedures and requirements for all of the following:

SB1,162,2 1. Public review and comment on a proposed plan. For a plan submitted after the compact's effective date covering a public water supply system that withdraws water from the Great Lakes basin, the procedures and requirements under this subdivision shall be consistent with s. 281.343 (6) (b).

SB1,162,5 2. Approval of a plan by the governing body of each city, village, and town whose public water supply is addressed by the plan before the plan is submitted to the department.

SB1,162,6 2m. Approval of a plan by the department.

SB1,162,7 3. Ensuring that plans remain current.

SB1,162,8 4. Intergovernmental cooperation.

SB1,162,10 5. Reopening or reconsideration by the department of a previously approved plan.

SB1,162,12 (bm) A person preparing a plan under par. (a) shall consider existing regional water needs assessments and other regional water supply planning information.

SB1,162,14 (c) A person preparing a plan under par. (a) shall include all of the following in the plan:

SB1,162,17 1. Delineation of the area for which the plan is being prepared and proposed water supply service areas for each public water supply system making a withdrawal covered by the plan, except as provided in par. (cm).

SB1,162,19 2. An inventory of the sources and quantities of the current water supplies in the area.

SB1,162,21 3. A forecast of the demand for water in the area over the period covered by the plan.

SB1,162,25 3m. Identification of the existing population and population density of the area for which the plan is prepared and forecasts of the expected population of the area during the period covered by the plan based on growth projections for the area and municipally planned population densities.

SB1,163,4 4. Identification of the options for supplying water in the area for the period covered by the plan that are approvable under other applicable statutes and rules and that are cost-effective based upon a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives.

SB1,163,6 5. An assessment of the environmental and economic impacts of carrying out specific significant recommendations of the plan.

SB1,163,9 6. A demonstration that the plan will effectively utilize existing water supply storage and distribution facilities and wastewater infrastructure to the extent practicable.

SB1,163,11 7. Identification of the procedures for implementing and enforcing the plan and a commitment to using those procedures.

SB1,163,14 8. An analysis of how the plan supports and is consistent with any applicable comprehensive plans, as defined in s. 66.1001 (1) (a), and applicable approved areawide water quality management plans under s. 283.83.

SB1,163,15 9. Other information specified by the department.

SB1,164,2 (cm) For the purposes of plans under par. (a), an areawide water quality planning agency designated by the governor under ch. NR 121, Wis. Adm. Code, shall delineate the proposed water supply service areas for all of the public water supply systems in the planning area for which the agency is designated. An areawide water quality planning agency shall delineate proposed water supply service areas that are consistent with the approved areawide water quality management plan under s. 283.83 for the planning area and that permit the development of plans that are approvable under par. (d). An areawide water quality planning agency may also provide regional water needs assessments and other regional water supply planning information. The process for conducting regional activities under this subsection may be the same as the process for regional water supply planning for a groundwater management area designated under s. 281.34 (9).

SB1,164,4 (d) The department may not approve a plan under this subsection unless all of the following apply:

SB1,164,8 1. The plan provides for a water supply system that is approvable under this section and other applicable statutes and rules based on a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives.

SB1,164,10 2. The plan will effectively utilize existing water supply storage and distribution facilities and wastewater infrastructure to the extent practicable.

SB1,164,12 3. The plan is consistent with any applicable comprehensive plans, as defined in s. 66.1001 (1) (a).

SB1,164,14 4. The plan is consistent with any applicable approved areawide water quality management plans under s. 283.83.

SB1,164,17 5. Beginning on the compact's effective date, if the plan covers a public water supply system that withdraws water from the Great Lakes basin, the plan complies with any applicable requirements in s. 281.346 (5e).

SB1,164,23 (e) The department shall specify in a plan under this section a water supply service area for each public water supply system making a withdrawal covered by the plan. The department may not limit water supply service areas based on jurisdictional boundaries, except as necessary to prevent waters of the Great Lakes basin from being transferred from a county that lies completely or partly within the Great Lakes basin into a county that lies entirely outside the Great Lakes basin.

SB1,165,3 (f) A person applying for an approval under s. 281.344 (4) or 281.346 (4) may use elements of an approved plan under this subsection to show compliance with requirements under s. 281.344 (4) or 281.346 (4) to which the plan is relevant.

SB1,165,7 (4) Withdrawal amount in certain plans. In a plan under this section that covers a public water supply system making a withdrawal from the Great Lakes basin, the department shall specify a withdrawal amount for the public water supply system equal to the greatest of the following:

SB1,165,11 (a) The amount needed for the public water supply system to provide a public water supply in the water supply service area in the plan during the period covered by the plan, as determined using the population and related service projections in the plan.

SB1,165,18 (b) If the withdrawal is covered by an individual permit issued under s. 281.344 (5) or 281.346 (5) when the department approves the plan, the withdrawal amount in that permit when the department approves the plan or, if the withdrawal is covered by a general permit issued under s. 281.344 (4s) or 281.346 (4s) when the department approves the plan, the withdrawal amount for the public water supply system in the database under s. 281.346 (4s) (i) when the department approves the plan.

SB1, s. 20 Section 20. 281.35 (1) (a) of the statutes is amended to read:

SB1,165,21 281.35 (1) (a) "Approval" means a permit issued under s. 30.18, 281.344 (5), or 281.346 (5) or an approval under s. 281.17 (1), 2001 stats., or s. 281.34 or 281.41.

SB1, s. 21 Section 21. 281.35 (1) (b) 2. of the statutes, as affected by 2007 Wisconsin Act 96, is amended to read:

SB1,166,2 281.35 (1) (b) 2. If subd. 1. does not apply, the highest average daily water loss over any 30-day period that is reported to the department or the public service commission under sub. (3) (c) or s. 281.17, 2001 stats., or s. 30.18 (6) (c), 196.98, 281.34, 281.344 (5), 281.346 (5), or 281.41.

SB1, s. 22 Section 22. 281.35 (1) (bm) of the statutes is created to read:

SB1,166,5 281.35 (1) (bm) "Compact's effective date" means the effective date of the Great Lakes—St. Lawrence River Basin Water Resources Compact under s. 281.343.

SB1, s. 23 Section 23. 281.35 (1) (cm) of the statutes is created to read:

SB1,166,10 281.35 (1) (cm) "Facility" means an operating plant or establishment providing electricity to the public or carrying on any manufacturing activity, trade, or business on one site, including similar plants or establishments under common ownership or control located on contiguous properties.

SB1, s. 24 Section 24. 281.35 (2) (a) of the statutes is repealed.

SB1, s. 25 Section 25. 281.35 (2) (b) of the statutes is renumbered 281.35 (2) and amended to read:

SB1,166,18 281.35 (2) In calculating the total amount of an existing or proposed water loss for purposes of determining the applicability of sub. (4), a person shall include all separate interbasin diversions and consumptive uses, or combinations thereof, which the person makes or proposes to make for a single use or for related uses to supply a single facility or public water supply system.

SB1, s. 26 Section 26. 281.35 (3) of the statutes is repealed.

SB1, s. 27 Section 27. 281.35 (4) (a) 4. of the statutes is created to read:

SB1,166,23 281.35 (4) (a) 4. A person to whom a permit under s. 281.244 (5) or 281.346 (5) has been issued or who is required to obtain a permit under one of those provisions before beginning or increasing a withdrawal.

SB1, s. 28 Section 28. 281.35 (4) (b) (intro.) of the statutes is amended to read:

SB1,167,5 281.35 (4) (b) (intro.) Before any person specified in par. (a) may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under s. 30.18, 281.34, 281.344 (5), 281.346 (5), or 281.41 for a new approval or a modification of its existing approval if either of the following conditions applies:

SB1, s. 29 Section 29. 281.35 (5) (a) 13. of the statutes is amended to read:

SB1,167,11 281.35 (5) (a) 13. A statement as to whether the proposed withdrawal complies with all applicable plans for the use, management and protection of the waters of the state and related land resources, including plans developed under ss. 281.12 (1) and s. 283.83 and the requirements specified in any water quantity resources plan under sub. (8).

SB1, s. 30 Section 30. 281.35 (5) (b) of the statutes is amended to read:

SB1,168,2 281.35 (5) (b) Great Lakes basin; consultation required. If the department receives an application before the compact's effective date that, if approved, will result in a new water loss to the Great Lakes basin averaging more than 5,000,000 gallons per day in any 30-day period, or an increase in an existing withdrawal that will result in a water loss averaging 5,000,000 gallons per day in any 30-day period above the applicant's authorized base level of water loss, the department shall notify the office of the governor or premier and the agency responsible for management of water resources in each state and province of the Great Lakes region and, if required under the boundary water agreement of 1909, the international joint commission. The department shall also request each state and province that has cooperated in establishing the regional consultation procedure under sub. (11) (f) (11m) to comment on the application. In making its determination on an application, the department shall consider any comments that are received within the time limit established under par. (c).

SB1, s. 31 Section 31. 281.35 (6) (a) (intro.) of the statutes is amended to read:

SB1,168,6 281.35 (6) (a) Issuance; contents. (intro.) If Subject to par. (am), if an application is approved under sub. (5), the department shall modify the applicant's existing approval or shall issue a new approval that specifies all of the following:

SB1, s. 32 Section 32. 281.35 (6) (am) of the statutes is created to read: