AB75: Bill Text

AB75, s. 2610 Section 2610. 281.65 (4m) (d) of the statutes is amended to read:

AB75,1367,24 281.65 (4m) (d) After the department considers the comments of the department of agriculture, trade and consumer protection on a plan under par. (c) and receives approval of the plan by every county to which it was sent and by the land and water conservation board, the department shall designate the plan to be an element of the appropriate areawide water quality management plan under P.L. 92-500, section 208.

AB75, s. 2611 Section 2611. 281.65 (5) (b) of the statutes is amended to read:

AB75,1368,10 281.65 (5) (b) Prepare sections of the priority watershed or priority lake plan relating to farm-specific implementation schedules, requirements under ss. 92.104 and 92.105 s. 281.16 (3), animal waste management and selection of agriculturally related best management practices and submit those sections to the department for inclusion under sub. (4m) (b). The best management practices shall be cost-effective best management practices, as specified under sub. (4) (e), except in situations in which the use of a cost-effective best management practice will not contribute to water quality improvement or will cause a water body to continue to be impaired as identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).

AB75, s. 2612 Section 2612. 281.65 (5) (d) of the statutes is amended to read:

AB75,1368,15 281.65 (5) (d) Develop a grant disbursement and project management schedule for agriculturally related best management practices to be included in a plan established under sub. (4) (g) and identify recommendations for implementing activities or projects under ss. 92.10, 92.104 and 92.105 and 281.16 (3).

AB75, s. 2613 Section 2613. 281.65 (5) (e) of the statutes is amended to read:

AB75,1368,18 281.65 (5) (e) Identify areas within a priority watershed or priority lake area that are subject to activities required under ss. 92.104 and 92.105 s. 281.16 (3).

AB75, s. 2614 Section 2614. 281.65 (5m) of the statutes is amended to read:

AB75,1368,24 281.65 (5m) Upon completion of plans by the department under sub. (4) (g), the governmental unit or regional planning commission under sub. (4m) and the department of agriculture, trade and consumer protection under sub. (5), and upon receiving the approval of the land and water conservation board, the department shall prepare and approve the final plan for a priority watershed or priority lake.

AB75, s. 2615 Section 2615. 281.65 (5q) (a) of the statutes is amended to read:

AB75,1369,5 281.65 (5q) (a) Notwithstanding sub. (5s), neither the department nor the land and water conservation board may not extend funding under this section for a priority watershed or priority lake project beyond the funding termination date that was in effect for the priority watershed or priority lake project on January 1, 2001, except as provided in par. (b).

AB75, s. 2616 Section 2616. 281.65 (5s) of the statutes is amended to read:

AB75,1369,19 281.65 (5s) The department may make modifications, including designating additional sites as critical sites, in a priority watershed or priority lake plan with the approval of every county to which the department sent the original plan under sub. (4m) (c) and of the land and water conservation board. If the owner or operator of a site prevails in a final review under sub. (7) or the site is not designated as a critical site in the original plan under sub. (5m) and the pollution is from an agricultural source and is not caused by animal waste, the department may not make a modification designating the site as a critical site unless the designation is based on a substantial increase in pollution from the site, on information about pollution from the site that was not available when the plan was prepared or on a substantial change to the criteria for designating a site as a critical site. This subsection applies to a priority watershed or priority lake plan completed before, on or after August 12, 1993.

AB75, s. 2617 Section 2617. 281.65 (5w) of the statutes is amended to read:

AB75,1370,2 281.65 (5w) After the land and water conservation board approves department completes a priority watershed or priority lake plan or a modification to such a plan that designates a site to be a critical site, the department shall notify the owner or operator of that site of the designation and of the provisions in sub. (7) and either s. 281.20 or, if the pollution is caused primarily by animal waste, ss. NR 243.21 to 243.26, Wis. adm. code.

AB75, s. 2618 Section 2618. 281.65 (7) (b) of the statutes is repealed.

AB75, s. 2619 Section 2619. 281.65 (7) (c) of the statutes is amended to read:

AB75,1370,11 281.65 (7) (c) The owner or operator of a site designated as a critical site in a priority watershed or priority lake plan under sub. (5m) or in a modification to such a plan under sub. (5s) may request a contested case hearing under ch. 227 to review the decision of the land and water conservation board under par. (b) a county land conservation committee under par. (a) 2. by filing a written request with the department within 60 days after receiving an adverse decision of the land and water conservation board county land conservation committee.

AB75, s. 2620 Section 2620. 281.65 (8) (f) of the statutes is amended to read:

AB75,1370,19 281.65 (8) (f) A cost-sharing grant shall equal the percentage of the cost of implementing the best management practice that is determined by the department in providing a cost-sharing grant under sub. (4e) (a) or by the governmental unit submitting the application under sub. (4c) (a) or (4e) (a) and is approved by the board, except as provided under pars. (gm) and (jm) and, except that a cost-sharing grant may not exceed 70% of the cost of implementing the best management practice unless par. (gm) applies.

AB75, s. 2621 Section 2621. 281.65 (8) (gm) of the statutes is amended to read:

AB75,1371,2 281.65 (8) (gm) The department in providing a cost-sharing grant under sub. (4e) (a) or a governmental unit submitting the application under sub. (4c) (a) or (4e) (a) shall may exceed the limit under par. (f) in cases case of economic hardship, as defined by the department by rule. In providing a grant for a project to achieve compliance with a performance standard or prohibition established under s. 281.16 (3) (a), the department shall provide cost-sharing of 70% of the cost of compliance or 70% to 90% of the cost of compliance in case of economic hardship.

AB75, s. 2622 Section 2622. 281.65 (8) (jm) of the statutes is repealed.

AB75, s. 2623 Section 2623. 281.65 (11) of the statutes is amended to read:

AB75,1371,21 281.65 (11) Notwithstanding subs. (3) (am) and (3m), the The South Fork of the Hay River is a priority watershed for the period ending on June 30, 2005. Notwithstanding subs. (2) (a), (4) (dm), (e), (em) and (g) 4., (4m) (b) 3. and (8) (b) and (e), the department, in consultation with the local units of government involved with the priority watershed project, shall establish guidelines for the types of nonpoint source water pollution abatement practices to be eligible for cost-sharing grants in the watershed. Notwithstanding sub. (8) (f), the amount of a cost-sharing grant in the watershed may be based on the amount of pollution reduction achieved rather than on the cost of the practices installed, using guidelines developed by the department, in consultation with the local units of government involved with the priority watershed project. In providing funding under s. 92.14 (3), the department of agriculture, trade and consumer protection shall determine the amount of matching funds required for staff for the priority watershed project as though the funding termination date of June 30, 2005, had been in effect on October 6, 1998. The department and the local governmental staff involved with the priority watershed project shall evaluate the cost effectiveness of the project and the reduction in nonpoint source water pollution associated with the project.

AB75, s. 2624 Section 2624. 281.68 (title) of the statutes is amended to read:

AB75,1371,24 281.68 (title) Lake management planning grants and lake monitoring contracts.

AB75, s. 2625 Section 2625. 281.68 (2) (b) of the statutes is amended to read:

AB75,1372,3 281.68 (2) (b) The total amount of lake monitoring contracts for each fiscal year may not exceed 10 percent of the total amount appropriated under s. 20.370 (6) (ar) and (as).

AB75, s. 2626 Section 2626. 281.68 (3) (bg) of the statutes is amended to read:

AB75,1372,9 281.68 (3) (bg) The department shall promulgate rules for the administration of the lake monitoring contracts program, which shall specify the eligible activities and qualifications for participation in the statewide lake monitoring network. Eligible activities shall include providing technical assistance to public or private entities that apply for, or have received, a grant under s. 23.22 (2) (c).

AB75, s. 2627 Section 2627. 281.75 (4) (b) 3. of the statutes is amended to read:

AB75,1372,12 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231, 233, 234, or 237.

AB75, s. 2628 Section 2628. 281.87 of the statutes is amended to read:

AB75,1372,20 281.87 Great Lakes contaminated sediment removal. The department may expend funds from the appropriation under s. 20.866 (2) (ti) to pay a portion of the costs of a project to remove contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior if federal funds are provided for the project under 33 USC 1268 (c) (12) the project is in an impaired water body that the department has identified under 33 USC 1313 (d) (1) (A) and the source of the impairment is contaminated sediment.

AB75, s. 2629 Section 2629. 283.35 (1m) of the statutes is created to read:

AB75,1372,24 283.35 (1m) Ballast water discharges. (a) The department may issue a general permit authorizing a vessel that is 79 feet or greater in length to discharge ballast water into the waters of the state.

AB75,1373,2 (b) If the department issues a general permit under par. (a), the department shall charge the following fees:

AB75,1373,4 1. An application fee of $1,200 to be paid by any person who applies for coverage under a general permit issued under this subsection.

AB75,1373,6 2. An annual fee of $345 to be paid upon initial coverage under the permit and annually thereafter.

AB75,1373,7 (c) Paragraph (b) does not apply after June 30, 2013.

AB75,1373,13 (d) On or before June 30, 2013, the department shall promulgate rules establishing application fees and annual fees for coverage under a general permit issued under this subsection. The department shall establish fees that are based on the costs to the department of controlling aquatic invasive species introduced into the waters of the state by the discharge of ballast water. The department shall charge the fees established by rule under this paragraph beginning on July 1, 2013.

AB75,1373,16 (e) Coverage under a general permit issued under this subsection is valid for a period of 5 years. The department may renew coverage under a general permit issued under this subsection upon application.

AB75,1373,18 (f) The department shall credit the fees collected under this subsection to the appropriation account under s. 20.370 (4) (aj).

AB75, s. 2630 Section 2630. 283.84 (5) of the statutes is amended to read:

AB75,1373,24 283.84 (5) Beginning no later than September 1, 1998, and annually thereafter, the department shall report to the governor, and the secretary of administration and the land and water conservation board on the progress and status of each pilot project in achieving water quality goals and coordinating state and local efforts to improve water quality.

AB75, s. 2631 Section 2631. 285.48 (4) (b) of the statutes is amended to read:

AB75,1374,3 285.48 (4) (b) The implementation of low-income weatherization and energy conservation measures, including programs established under s. 16.957 196.3746 (2) (a) or (b) or programs under s. 196.374.

AB75, s. 2632 Section 2632. 285.59 (1) (b) of the statutes is amended to read:

AB75,1374,13 285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, and the Wisconsin Health and Educational Facilities Authority.

AB75, s. 2633 Section 2633. 285.66 (2) (c) of the statutes is created to read:

AB75,1374,17 285.66 (2) (c) Notwithstanding par. (a), the department may specify a term of longer than 5 years for an operation permit or specify that an operation permit does not expire if all of the following apply:

AB75,1374,19 1. The operation permit is for a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act.

AB75,1374,20 2. The operation permit is not a registration permit or a general permit.

AB75, s. 2634 Section 2634. 285.69 (1) (a) 3. of the statutes is repealed.

AB75, s. 2635 Section 2635. 285.69 (1g) of the statutes is repealed.

AB75, s. 2636 Section 2636. 285.69 (2) (title) of the statutes is amended to read:

AB75,1374,25 285.69 (2) (title) Fees for persons required to have federal operation permits.

AB75, s. 2637 Section 2637. 285.69 (2) (a) (intro.) of the statutes is amended to read:

AB75,1375,5 285.69 (2) (a) (intro.) The department shall promulgate rules for the payment and collection of fees by the owner or operator of a stationary source for which an operation permit is required under the federal clean air act. The rules shall provide all of the following:

AB75, s. 2638 Section 2638. 285.69 (2) (c) (intro.) of the statutes is amended to read:

AB75,1375,10 285.69 (2) (c) (intro.) The fees collected under pars. (a) and (e) from the owner or operator of a stationary source for which an operation permit is required under the federal clean air act shall be credited to the appropriations under s. 20.370 (2) (bg), (3) (bg), (8) (mg) and (9) (mh) for the following:

AB75, s. 2639 Section 2639. 285.69 (2) (f) of the statutes is repealed.

AB75, s. 2640 Section 2640. 285.69 (2) (g) of the statutes is repealed.

AB75, s. 2641 Section 2641. 285.69 (2) (h) of the statutes is repealed.

AB75, s. 2642 Section 2642. 285.69 (2) (i) of the statutes is renumbered 285.69 (2m) (b), and 285.69 (2m) (b) (intro.), as renumbered, is amended to read:

AB75,1375,21 285.69 (2m) (b) (intro.) The fees collected under this subsection from the owner or operator of a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act and under sub. (1g) shall be credited to the appropriation account under s. 20.370 (2) (bh) for the following purposes as they relate to stationary sources for which an operation permit is required under s. 285.60 but not under the federal clean air act:

AB75, s. 2643 Section 2643. 285.69 (2m) of the statutes is created to read:

AB75,1376,2 285.69 (2m) Fees for state permit sources. (a) The owner or operator of a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act shall pay to the department a fee of $775 per year, except as provided in par. (b).

AB75,1376,8 (b) An owner or operator to whom the department has issued an operation permit for one or more points of emission from an existing source in order to limit the source's potential to emit so that the existing source is not a major source shall pay to the department a fee of $3,475 per year if the operation permit includes federally enforceable conditions that allow the amount of emissions to be at least 80 percent of the amount that results in a stationary source being classified as a major source.

AB75, s. 2644 Section 2644. 285.69 (3) (a) of the statutes is amended to read:

AB75,1376,22 285.69 (3) (a) The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection for an inspection plus the fee under sub. (1) (c) may not exceed $400 $700 if the combined square and linear footage of friable asbestos-containing material involved in the project is less than 5,000. The fees under this subsection for an inspection plus the fee under sub. (1) (c) may not exceed $750 $1,325 if the combined square and linear footage of friable asbestos-containing material involved in the project is 5,000 or more. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and renovation projects regulated by the department and for inspecting property proposed to be used for a community fire safety training project.

AB75, s. 2645 Section 2645. 285.69 (3) (b) of the statutes is renumbered 285.69 (3) (b) (intro.) and amended to read:

AB75,1377,2 285.69 (3) (b) (intro.) In addition to the fees under par. (a), the department may charge the costs all of the following:

AB75,1377,4 1. The costs it incurs for laboratory testing for a nonresidential asbestos demolition and renovation project.

AB75, s. 2646 Section 2646. 285.69 (3) (b) 2. of the statutes is created to read:

AB75,1377,8 285.69 (3) (b) 2. A fee in the amount of $100 for the department to inspect property proposed to be used for a community fire safety training project for which the department requires inspection.

AB75, s. 2647 Section 2647. 285.69 (3) (b) 3. of the statutes is created to read:

AB75,1377,12 285.69 (3) (b) 3. A fee in the amount of $100 for the department to review a revised notice of an asbestos renovation or demolition activity, submitted by a person required by the department to provide such notice.

AB75, s. 2648 Section 2648. 285.69 (3) (b) 4. of the statutes is created to read:

AB75,1377,17 285.69 (3) (b) 4. An amount equal to the inspection fee under par. (a) to inspect property for a project for which a notice of an asbestos renovation or demolition activity was not provided, as required by the department, before the project was initiated.

AB75, s. 2649 Section 2649. 287.03 (1) (f) of the statutes is repealed.

AB75, s. 2650 Section 2650. 287.11 (2m) (a) 2. of the statutes is amended to read:

AB75,1377,25 287.11 (2m) (a) 2. "Cost of selling processed material" means the net cost, including any storage costs, of selling processed material to a broker, dealer or manufacturing facility, plus any cost of transporting the processed material from the waste processing facility to the destination specified by the broker, dealer or manufacturing facility, less the portion of any state financial assistance received under s. 287.23 or 287.25 attributable to the processed material.

AB75, s. 2651 Section 2651. 287.11 (2m) (bg) of the statutes is created to read:

AB75,1378,9 287.11 (2m) (bg) 1. If the department promulgates a rule under sub. (2) that specifies that in order to qualify as an effective recycling program, a responsible unit's solid waste management program shall provide single-family residences and buildings containing not more than 4 dwelling units in the region with at least monthly curbside collection of materials separated as provided in sub. (2) (b), the department shall, at the request of a responsible unit that has been determined to have an effective recycling program under this section, grant a variance to that responsible unit as provided in subd. 2.

AB75,1378,14 2. A variance granted under subd. 1. shall provide that the monthly curbside collection requirement is satisfied if the responsible unit's solid waste management program provides at least monthly curbside collection of materials separated as provided in sub. (2) (b) to at least 80 percent of single-family residences and buildings containing not more than 4 dwelling units in the region.