SB119: Bill Text

LRB-0915/1

RCT:wlj:jf

2007 - 2008 LEGISLATURE

2007 Senate BILL 119

March 28, 2007 - Introduced by Senators Cowles, Wirch, Hansen, A. Lasee, Harsdorf, Breske, Plale, Risser, Roessler, Schultz, Lassa, Coggs, Lehman and Sullivan, cosponsored by Representatives Nygren, A. Ott, Molepske, Hahn, Pocan, Cullen, Black, Berceau, Sheridan and Hilgenberg. Referred to Committee on Environment and Natural Resources.

SB119,1,2 An Act to create 20.370 (4) (aw) and 23.245 of the statutes; relating to: ballast water management, making an appropriation, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill requires a person who operates an oceangoing vessel that uses a port in this state to obtain a permit from the Department of Natural Resources (DNR). To obtain a permit, the person must demonstrate to DNR that the vessel is not capable of taking on ballast water or that the vessel is equipped with technology that DNR determines can prevent the introduction of aquatic nuisance species into the Great Lakes. Aquatic nuisance species are plants and animals that are not native and that threaten the diversity or abundance of native species or the ecological stability of infected waters or that threaten commercial, agricultural, or recreational activities that are dependent on infested waters. A person who operates an oceangoing vessel without a permit or operates in violation of a permit is subject to a forfeiture (a civil monetary penalty) of up to $25,000 for each day of violation.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB119, s. 1 Section 1. 20.370 (4) (aw) of the statutes is created to read:

SB119,2,2 20.370 (4) (aw) Water resources — ballast water management. All moneys received under s. 23.245 (2) (d) for ballast water management.

SB119, s. 2 Section 2. 23.245 of the statutes is created to read:

SB119,2,4 23.245 Ballast water management. (1) Definitions. In this section:

SB119,2,5 (a) "Aquatic nuisance species" has the meaning given in s. 30.1255 (1).

SB119,2,8 (b) "Ballast water" means water and associated solids taken on board a vessel to control or maintain the vessel's trim, draft, or stability, or to control stresses on the vessel.

SB119,2,10 (c) "International Joint Commission" means the commission established by the boundary water agreement of 1909 between the United States and Canada.

SB119,2,12 (d) "Oceangoing vessel" means a vessel that operates on the Great Lakes or the St. Lawrence Waterway after operating in waters of the Atlantic Ocean.

SB119,2,14 (e) "St. Lawrence Waterway" means the St. Lawrence River, the St. Lawrence Riverway, and the Gulf of St. Lawrence.

SB119,2,17 (2) Permit. (a) Beginning on January 1, 2009, an oceangoing vessel may not use a port in this state unless the person operating the oceangoing vessel has a permit from the department under this section for the oceangoing vessel.

SB119,2,19 (b) The department may issue a permit for an oceangoing vessel only if one of the following applies:

SB119,2,21 1. The person operating the oceangoing vessel demonstrates to the department that the oceangoing vessel is not capable of taking on ballast water.

SB119,2,25 2. The person operating the oceangoing vessel demonstrates to the department that the oceangoing vessel is equipped with environmentally sound technology that can be used to prevent the introduction of aquatic nuisance species into the Great Lakes, as determined by the department.

SB119,3,2 (c) The department shall condition a permit for an oceangoing vessel that takes on ballast water on the use of the technology described in par. (b) 2.

SB119,3,4 (d) 1. A person applying for a permit under this section shall pay an application fee of $750.

SB119,3,6 2. A person to whom the department issues a permit under this section shall pay an annual fee of $8,700.

SB119,3,9 (3) Penalty. A person who violates sub. (2) (a) or who violates a permit issued under this section is subject to a forfeiture of not more than $25,000 for each day of violation.

SB119,3,14 (4) Cooperation. The department shall cooperate with other states, Canadian provinces, the International Joint Commission, the Great Lakes Commission, and other interested groups to ensure the development and use of methods for the control of aquatic nuisance species that are broadly protective of the waters of the state, as defined in s. 281.01 (18), and other natural resources.

SB119,3,15 (End)