AB75, s. 2610 18Section 2610. 281.65 (4m) (d) of the statutes is amended to read:
AB75,1367,2419 281.65 (4m) (d) After the department considers the comments of the
20department of agriculture, trade and consumer protection on a plan under par. (c)
21and receives approval of the plan by every county to which it was sent and by the land
22and water conservation board
, the department shall designate the plan to be an
23element of the appropriate areawide water quality management plan under P.L.
2492-500, section 208.
AB75, s. 2611 25Section 2611. 281.65 (5) (b) of the statutes is amended to read:
AB75,1368,10
1281.65 (5) (b) Prepare sections of the priority watershed or priority lake plan
2relating to farm-specific implementation schedules, requirements under ss. 92.104
3and 92.105
s. 281.16 (3), animal waste management and selection of agriculturally
4related best management practices and submit those sections to the department for
5inclusion under sub. (4m) (b). The best management practices shall be cost-effective
6best management practices, as specified under sub. (4) (e), except in situations in
7which the use of a cost-effective best management practice will not contribute to
8water quality improvement or will cause a water body to continue to be impaired as
9identified to the federal environmental protection agency under 33 USC 1313 (d) (1)
10(A).
AB75, s. 2612 11Section 2612. 281.65 (5) (d) of the statutes is amended to read:
AB75,1368,1512 281.65 (5) (d) Develop a grant disbursement and project management schedule
13for agriculturally related best management practices to be included in a plan
14established under sub. (4) (g) and identify recommendations for implementing
15activities or projects under ss. 92.10, 92.104 and 92.105 and 281.16 (3).
AB75, s. 2613 16Section 2613. 281.65 (5) (e) of the statutes is amended to read:
AB75,1368,1817 281.65 (5) (e) Identify areas within a priority watershed or priority lake area
18that are subject to activities required under ss. 92.104 and 92.105 s. 281.16 (3).
AB75, s. 2614 19Section 2614. 281.65 (5m) of the statutes is amended to read:
AB75,1368,2420 281.65 (5m) Upon completion of plans by the department under sub. (4) (g), the
21governmental unit or regional planning commission under sub. (4m) and the
22department of agriculture, trade and consumer protection under sub. (5), and upon
23receiving the approval of the land and water conservation board,
the department
24shall prepare and approve the final plan for a priority watershed or priority lake.
AB75, s. 2615 25Section 2615. 281.65 (5q) (a) of the statutes is amended to read:
AB75,1369,5
1281.65 (5q) (a) Notwithstanding sub. (5s), neither the department nor the land
2and water conservation board
may not extend funding under this section for a
3priority watershed or priority lake project beyond the funding termination date that
4was in effect for the priority watershed or priority lake project on January 1, 2001,
5except as provided in par. (b).
AB75, s. 2616 6Section 2616. 281.65 (5s) of the statutes is amended to read:
AB75,1369,197 281.65 (5s) The department may make modifications, including designating
8additional sites as critical sites, in a priority watershed or priority lake plan with the
9approval of every county to which the department sent the original plan under sub.
10(4m) (c) and of the land and water conservation board. If the owner or operator of
11a site prevails in a final review under sub. (7) or the site is not designated as a critical
12site in the original plan under sub. (5m) and the pollution is from an agricultural
13source and is not caused by animal waste, the department may not make a
14modification designating the site as a critical site unless the designation is based on
15a substantial increase in pollution from the site, on information about pollution from
16the site that was not available when the plan was prepared or on a substantial
17change to the criteria for designating a site as a critical site. This subsection applies
18to a priority watershed or priority lake plan completed before, on or after August 12,
191993.
AB75, s. 2617 20Section 2617. 281.65 (5w) of the statutes is amended to read:
AB75,1370,221 281.65 (5w) After the land and water conservation board approves department
22completes
a priority watershed or priority lake plan or a modification to such a plan
23that designates a site to be a critical site, the department shall notify the owner or
24operator of that site of the designation and of the provisions in sub. (7) and either s.

1281.20 or, if the pollution is caused primarily by animal waste, ss. NR 243.21 to
2243.26, Wis. adm. code.
AB75, s. 2618 3Section 2618. 281.65 (7) (b) of the statutes is repealed.
AB75, s. 2619 4Section 2619. 281.65 (7) (c) of the statutes is amended to read:
AB75,1370,115 281.65 (7) (c) The owner or operator of a site designated as a critical site in a
6priority watershed or priority lake plan under sub. (5m) or in a modification to such
7a plan under sub. (5s) may request a contested case hearing under ch. 227 to review
8the decision of the land and water conservation board under par. (b) a county land
9conservation committee under par. (a) 2.
by filing a written request with the
10department within 60 days after receiving an adverse decision of the land and water
11conservation board
county land conservation committee.
AB75, s. 2620 12Section 2620. 281.65 (8) (f) of the statutes is amended to read:
AB75,1370,1913 281.65 (8) (f) A cost-sharing grant shall equal the percentage of the cost of
14implementing the best management practice that is determined by the department
15in providing a cost-sharing grant under sub. (4e) (a) or
by the governmental unit
16submitting the application under sub. (4c) (a) or (4e) (a) and is approved by the board,
17except as provided under pars. (gm) and (jm) and
, except that a cost-sharing grant
18may not exceed 70% of the cost of implementing the best management practice unless
19par. (gm) applies
.
AB75, s. 2621 20Section 2621. 281.65 (8) (gm) of the statutes is amended to read:
AB75,1371,221 281.65 (8) (gm) The department in providing a cost-sharing grant under sub.
22(4e) (a) or a
governmental unit submitting the application under sub. (4c) (a) or (4e)
23(a) shall may exceed the limit under par. (f) in cases case of economic hardship, as
24defined by the department by rule. In providing a grant for a project to achieve
25compliance with a performance standard or prohibition established under s. 281.16

1(3) (a), the department shall provide cost-sharing of 70% of the cost of compliance
2or 70% to 90% of the cost of compliance in case of economic hardship
.
AB75, s. 2622 3Section 2622. 281.65 (8) (jm) of the statutes is repealed.
AB75, s. 2623 4Section 2623. 281.65 (11) of the statutes is amended to read:
AB75,1371,215 281.65 (11) Notwithstanding subs. (3) (am) and (3m), the The South Fork of the
6Hay River is a priority watershed for the period ending on June 30, 2005.
7Notwithstanding subs. (2) (a), (4) (dm), (e), (em) and (g) 4., (4m) (b) 3. and (8) (b) and
8(e), the department, in consultation with the local units of government involved with
9the priority watershed project, shall establish guidelines for the types of nonpoint
10source water pollution abatement practices to be eligible for cost-sharing grants in
11the watershed. Notwithstanding sub. (8) (f), the amount of a cost-sharing grant in
12the watershed may be based on the amount of pollution reduction achieved rather
13than on the cost of the practices installed, using guidelines developed by the
14department, in consultation with the local units of government involved with the
15priority watershed project. In providing funding under s. 92.14 (3), the department
16of agriculture, trade and consumer protection shall determine the amount of
17matching funds required for staff for the priority watershed project as though the
18funding termination date of June 30, 2005, had been in effect on October 6, 1998. The
19department and the local governmental staff involved with the priority watershed
20project shall evaluate the cost effectiveness of the project and the reduction in
21nonpoint source water pollution associated with the project.
AB75, s. 2624 22Section 2624. 281.68 (title) of the statutes is amended to read:
AB75,1371,24 23281.68 (title) Lake management planning grants and lake monitoring
24contracts
.
AB75, s. 2625 25Section 2625. 281.68 (2) (b) of the statutes is amended to read:
AB75,1372,3
1281.68 (2) (b) The total amount of lake monitoring contracts for each fiscal year
2may not exceed 10 percent of the total amount appropriated under s. 20.370 (6) (ar)
3and (as).
AB75, s. 2626 4Section 2626. 281.68 (3) (bg) of the statutes is amended to read:
AB75,1372,95 281.68 (3) (bg) The department shall promulgate rules for the administration
6of the lake monitoring contracts program, which shall specify the eligible activities
7and qualifications for participation in the statewide lake monitoring network.
8Eligible activities shall include providing technical assistance to public or private
9entities that apply for, or have received, a grant under s. 23.22 (2) (c).
AB75, s. 2627 10Section 2627. 281.75 (4) (b) 3. of the statutes is amended to read:
AB75,1372,1211 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231,
12233, 234, or 237.
AB75, s. 2628 13Section 2628. 281.87 of the statutes is amended to read:
AB75,1372,20 14281.87 Great Lakes contaminated sediment removal. The department
15may expend funds from the appropriation under s. 20.866 (2) (ti) to pay a portion of
16the costs of a project to remove contaminated sediment from Lake Michigan or Lake
17Superior or a tributary of Lake Michigan or Lake Superior if federal funds are
18provided for the project under 33 USC 1268 (c) (12)
the project is in an impaired water
19body that the department has identified under 33 USC 1313 (d) (1) (A) and the source
20of the impairment is contaminated sediment
.
AB75, s. 2629 21Section 2629. 283.35 (1m) of the statutes is created to read:
AB75,1372,2422 283.35 (1m) Ballast water discharges. (a) The department may issue a
23general permit authorizing a vessel that is 79 feet or greater in length to discharge
24ballast water into the waters of the state.
AB75,1373,2
1(b) If the department issues a general permit under par. (a), the department
2shall charge the following fees:
AB75,1373,43 1. An application fee of $1,200 to be paid by any person who applies for coverage
4under a general permit issued under this subsection.
AB75,1373,65 2. An annual fee of $345 to be paid upon initial coverage under the permit and
6annually thereafter.
AB75,1373,77 (c) Paragraph (b) does not apply after June 30, 2013.
AB75,1373,138 (d) On or before June 30, 2013, the department shall promulgate rules
9establishing application fees and annual fees for coverage under a general permit
10issued under this subsection. The department shall establish fees that are based on
11the costs to the department of controlling aquatic invasive species introduced into
12the waters of the state by the discharge of ballast water. The department shall
13charge the fees established by rule under this paragraph beginning on July 1, 2013.
AB75,1373,1614 (e) Coverage under a general permit issued under this subsection is valid for
15a period of 5 years. The department may renew coverage under a general permit
16issued under this subsection upon application.
AB75,1373,1817 (f) The department shall credit the fees collected under this subsection to the
18appropriation account under s. 20.370 (4) (aj).
AB75, s. 2630 19Section 2630. 283.84 (5) of the statutes is amended to read:
AB75,1373,2420 283.84 (5) Beginning no later than September 1, 1998, and annually thereafter,
21the department shall report to the governor, and the secretary of administration and
22the land and water conservation board
on the progress and status of each pilot project
23in achieving water quality goals and coordinating state and local efforts to improve
24water quality.
AB75, s. 2631 25Section 2631. 285.48 (4) (b) of the statutes is amended to read:
AB75,1374,3
1285.48 (4) (b) The implementation of low-income weatherization and energy
2conservation measures, including programs established under s. 16.957 196.3746 (2)
3(a) or (b) or programs under s. 196.374.
AB75, s. 2632 4Section 2632. 285.59 (1) (b) of the statutes is amended to read:
AB75,1374,135 285.59 (1) (b) "State agency" means any office, department, agency, institution
6of higher education, association, society or other body in state government created
7or authorized to be created by the constitution or any law which is entitled to expend
8moneys appropriated by law, including the legislature and the courts, the Wisconsin
9Housing and Economic Development Authority, the Bradley Center Sports and
10Entertainment Corporation, the University of Wisconsin Hospitals and Clinics
11Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace
12Authority, the Wisconsin Quality Home Care Authority, and the Wisconsin Health
13and Educational Facilities Authority.
AB75, s. 2633 14Section 2633. 285.66 (2) (c) of the statutes is created to read:
AB75,1374,1715 285.66 (2) (c) Notwithstanding par. (a), the department may specify a term of
16longer than 5 years for an operation permit or specify that an operation permit does
17not expire if all of the following apply:
AB75,1374,1918 1. The operation permit is for a stationary source for which an operation permit
19is required under s. 285.60 but not under the federal clean air act.
AB75,1374,2020 2. The operation permit is not a registration permit or a general permit.
AB75, s. 2634 21Section 2634. 285.69 (1) (a) 3. of the statutes is repealed.
AB75, s. 2635 22Section 2635. 285.69 (1g) of the statutes is repealed.
AB75, s. 2636 23Section 2636. 285.69 (2) (title) of the statutes is amended to read:
AB75,1374,2524 285.69 (2) (title) Fees for persons required to have federal operation
25permits.
AB75, s. 2637
1Section 2637. 285.69 (2) (a) (intro.) of the statutes is amended to read:
AB75,1375,52 285.69 (2) (a) (intro.) The department shall promulgate rules for the payment
3and collection of fees by the owner or operator of a stationary source for which an
4operation permit is required under the federal clean air act. The rules shall provide
5all of the following:
AB75, s. 2638 6Section 2638. 285.69 (2) (c) (intro.) of the statutes is amended to read:
AB75,1375,107 285.69 (2) (c) (intro.) The fees collected under pars. (a) and (e) from the owner
8or operator of a stationary source for which an operation permit is required under
9the federal clean air act
shall be credited to the appropriations under s. 20.370 (2)
10(bg), (3) (bg), (8) (mg) and (9) (mh) for the following:
AB75, s. 2639 11Section 2639. 285.69 (2) (f) of the statutes is repealed.
AB75, s. 2640 12Section 2640. 285.69 (2) (g) of the statutes is repealed.
AB75, s. 2641 13Section 2641. 285.69 (2) (h) of the statutes is repealed.
AB75, s. 2642 14Section 2642. 285.69 (2) (i) of the statutes is renumbered 285.69 (2m) (b), and
15285.69 (2m) (b) (intro.), as renumbered, is amended to read:
AB75,1375,2116 285.69 (2m) (b) (intro.) The fees collected under this subsection from the owner
17or operator of a stationary source for which an operation permit is required under
18s. 285.60 but not under the federal clean air act and under sub. (1g)
shall be credited
19to the appropriation account under s. 20.370 (2) (bh) for the following purposes as
20they relate to stationary sources for which an operation permit is required under s.
21285.60 but not under the federal clean air act:
AB75, s. 2643 22Section 2643. 285.69 (2m) of the statutes is created to read:
AB75,1376,223 285.69 (2m) Fees for state permit sources. (a) The owner or operator of a
24stationary source for which an operation permit is required under s. 285.60 but not

1under the federal clean air act shall pay to the department a fee of $775 per year,
2except as provided in par. (b).
AB75,1376,83 (b) An owner or operator to whom the department has issued an operation
4permit for one or more points of emission from an existing source in order to limit the
5source's potential to emit so that the existing source is not a major source shall pay
6to the department a fee of $3,475 per year if the operation permit includes federally
7enforceable conditions that allow the amount of emissions to be at least 80 percent
8of the amount that results in a stationary source being classified as a major source.
AB75, s. 2644 9Section 2644. 285.69 (3) (a) of the statutes is amended to read:
AB75,1376,2210 285.69 (3) (a) The department may promulgate rules for the payment and
11collection of fees for inspecting nonresidential asbestos demolition and renovation
12projects regulated by the department. The fees under this subsection for an
13inspection plus the fee under sub. (1) (c) may not exceed $400 $700 if the combined
14square and linear footage of friable asbestos-containing material involved in the
15project is less than 5,000. The fees under this subsection for an inspection plus the
16fee under sub. (1) (c) may not exceed $750 $1,325 if the combined square and linear
17footage of friable asbestos-containing material involved in the project is 5,000 or
18more. The fees collected under this subsection shall be credited to the appropriation
19under s. 20.370 (2) (bi) for the direct and indirect costs of conducting inspections of
20nonresidential asbestos demolition and renovation projects regulated by the
21department and for inspecting property proposed to be used for a community fire
22safety training project
.
AB75, s. 2645 23Section 2645. 285.69 (3) (b) of the statutes is renumbered 285.69 (3) (b) (intro.)
24and amended to read:
AB75,1377,2
1285.69 (3) (b) (intro.) In addition to the fees under par. (a), the department may
2charge the costs all of the following:
AB75,1377,4 31. The costs it incurs for laboratory testing for a nonresidential asbestos
4demolition and renovation project.
AB75, s. 2646 5Section 2646. 285.69 (3) (b) 2. of the statutes is created to read:
AB75,1377,86 285.69 (3) (b) 2. A fee in the amount of $100 for the department to inspect
7property proposed to be used for a community fire safety training project for which
8the department requires inspection.
AB75, s. 2647 9Section 2647. 285.69 (3) (b) 3. of the statutes is created to read:
AB75,1377,1210 285.69 (3) (b) 3. A fee in the amount of $100 for the department to review a
11revised notice of an asbestos renovation or demolition activity, submitted by a person
12required by the department to provide such notice.
AB75, s. 2648 13Section 2648. 285.69 (3) (b) 4. of the statutes is created to read:
AB75,1377,1714 285.69 (3) (b) 4. An amount equal to the inspection fee under par. (a) to inspect
15property for a project for which a notice of an asbestos renovation or demolition
16activity was not provided, as required by the department, before the project was
17initiated.
AB75, s. 2649 18Section 2649. 287.03 (1) (f) of the statutes is repealed.
AB75, s. 2650 19Section 2650. 287.11 (2m) (a) 2. of the statutes is amended to read:
AB75,1377,2520 287.11 (2m) (a) 2. "Cost of selling processed material" means the net cost,
21including any storage costs, of selling processed material to a broker, dealer or
22manufacturing facility, plus any cost of transporting the processed material from the
23waste processing facility to the destination specified by the broker, dealer or
24manufacturing facility, less the portion of any state financial assistance received
25under s. 287.23 or 287.25 attributable to the processed material.
AB75, s. 2651
1Section 2651. 287.11 (2m) (bg) of the statutes is created to read:
AB75,1378,92 287.11 (2m) (bg) 1. If the department promulgates a rule under sub. (2) that
3specifies that in order to qualify as an effective recycling program, a responsible
4unit's solid waste management program shall provide single-family residences and
5buildings containing not more than 4 dwelling units in the region with at least
6monthly curbside collection of materials separated as provided in sub. (2) (b), the
7department shall, at the request of a responsible unit that has been determined to
8have an effective recycling program under this section, grant a variance to that
9responsible unit as provided in subd. 2.
AB75,1378,1410 2. A variance granted under subd. 1. shall provide that the monthly curbside
11collection requirement is satisfied if the responsible unit's solid waste management
12program provides at least monthly curbside collection of materials separated as
13provided in sub. (2) (b) to at least 80 percent of single-family residences and
14buildings containing not more than 4 dwelling units in the region.
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