AB926: Bill Text

AB926,276,8 (1) Jurisdiction on appeal. Appeal may be taken by either party.

AB926,276,11 (2) Stay of execution. The amount of undertaking required to stay execution on appeal may not exceed the amount of the maximum forfeiture, plus costs, fees, and surcharges imposed under ch. 814.

AB926,276,13 (3) Procedure on appeal. An appeal to the court of appeals shall be in accordance with chs. 808 and 809.

AB926,276,22 278.84 Forfeitures, costs, fees, and surcharges collected; to whom paid. All moneys collected in favor of the state under this subchapter for forfeiture, plus costs, fees, and surcharges imposed under ch. 814, shall be paid by the officer who collects the moneys to the appropriate county treasurer within 20 days after their receipt by the officer, except that all jail surcharges imposed under ch. 814 shall be paid to the county treasurer. In case of any failure in the payment, the county treasurer may collect the payment from the officer by an action in the treasurer's name of office and upon the official bond of the officer, with interest at the rate of 12 percent per year from the time when it should have been paid.

AB926,277,7 278.85 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures, costs, fees, and surcharges imposed under ch. 814 and received under this subchapter during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures, costs, fees, and surcharges from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures, costs, fees, and surcharges to the county treasurer, who shall pay the proceeds to the state as provided in s. 59.25 (3). Jail surcharges imposed under ch. 814 shall be treated separately as provided in s. 302.46.

AB926,277,9 278.90 Place of trial. In cases under this subchapter, all of the following apply:

AB926,277,11 (1) Civil actions shall be tried in the county where the offense was committed, except as otherwise provided in this section.

AB926,277,13 (2) If 2 or more acts are requisite to the commission of any offense, the trial may be in any county in which any of the acts occurred.

AB926,277,15 (3) Where an offense is committed on or within one-fourth of a mile of the boundary of 2 or more counties, the defendant may be tried in any of those counties.

AB926,277,18 (4) If an offense is commenced outside the state and is consummated within the state, the defendant may be tried in the county where the offense was consummated.

AB926,277,23 (5) If an offense is committed on boundary waters at a place where 2 or more counties have common jurisdiction under s. 2.03 or 2.04 or under any other law, the prosecution may be in either county. The county whose process against the offender is first served shall be conclusively presumed to be the county in which the offense was committed.

AB926, s. 999 Section 999. 279.06 (2) of the statutes is amended to read:

AB926,278,3 279.06 (2) The authority shall notify the department of natural resources environmental quality of its action on an application under s. 279.05 (1) at the same time that it notifies the applicant or applicants.

AB926, s. 1000 Section 1000. 280.01 (1) of the statutes is amended to read:

AB926,278,6 280.01 (1) "Department" means the department of natural resources environmental quality.

AB926, s. 1001 Section 1001. 280.98 (1) of the statutes is amended to read:

AB926,278,11 280.98 (1) Except as provided in sub. (5), the department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture as specified in sub. (3) from a person who commits a violation specified under sub. (2).

AB926, s. 1002 Section 1002. 281.01 (3) of the statutes is amended to read:

AB926,278,14 281.01 (3) "Department" means the department of natural resources environmental quality.

AB926, s. 1003 Section 1003. 281.01 (12) of the statutes is amended to read:

AB926,278,17 281.01 (12) "Secretary" means the secretary of natural resources environmental quality.

AB926, s. 1004 Section 1004. 281.01 (21) of the statutes is amended to read:

AB926,278,19 281.01 (21) "Wetland" has the meaning given in s. 23.32 278.32 (1).

AB926, s. 1005 Section 1005. 281.15 (1) of the statutes is amended to read:

AB926,279,7 281.15 (1) The department, in consultation with the department of natural resources, shall promulgate rules setting standards of water quality to be applicable to the waters of the state, recognizing that different standards may be required for different waters or portions thereof. Water quality standards shall consist of the designated uses of the waters or portions thereof and the water quality criteria for those waters based upon the designated use. Water quality standards shall protect the public interest, which include the protection of the public health and welfare and the present and prospective future use of such waters for public and private water systems, propagation of fish and aquatic life and wildlife, domestic and recreational purposes and agricultural, commercial, industrial and other legitimate uses. In all cases where the potential uses of water are in conflict, water quality standards shall be interpreted to protect the general public interest.

AB926, s. 1006 Section 1006. 281.16 (3) (a) (intro.) of the statutes is amended to read:

AB926,279,15 281.16 (3) (a) (intro.) The department of natural resources environmental quality, in consultation with the department of agriculture, trade and consumer protection, shall promulgate rules prescribing performance standards and prohibitions for agricultural facilities and agricultural practices that are nonpoint sources. The performance standards and prohibitions shall be designed to achieve water quality standards by limiting nonpoint source water pollution. At a minimum, the prohibitions shall include all of the following:

AB926, s. 1007 Section 1007. 281.16 (3) (b) of the statutes is amended to read:

AB926,279,22 281.16 (3) (b) The department of agriculture, trade and consumer protection, in consultation with the department of natural resources environmental quality, shall promulgate rules prescribing conservation practices to implement the performance standards and prohibitions under par. (a) and specifying a process for the development and dissemination of technical standards to implement the performance standards and prohibitions under par. (a).

AB926, s. 1008 Section 1008. 281.16 (3) (e) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,280,17 281.16 (3) (e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices or technical standards under this subsection unless cost-sharing is available, under s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.15 (4), and 823.08 (3) (c) 2., the department of natural resources environmental quality shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source. The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2) or 92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.

AB926, s. 1009 Section 1009. 281.17 (3) of the statutes is amended to read:

AB926,281,13 281.17 (3) The department shall promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles operated under a license issued under s. 281.48 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter and chs. 285 and 289 to 299, including requirements for continuing education. The department may charge applicants a fee for certification. All moneys collected under this subsection for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles shall be credited to the appropriation under s. 20.370 20.375 (4) (bL). No person may operate a water systems system, wastewater treatment plant or septage servicing vehicle without a valid certificate issued under this subsection. The department may suspend or revoke a certificate issued under this subsection for a violation of any statute or rule relating to the operation of a water system or wastewater treatment plant or to septage servicing, for failure to fulfill the continuing education requirements or as provided under s. 145.20 (5). The owner of any wastewater treatment plant shall be, or shall employ, an operator certified under this subsection who shall be responsible for plant operations, unless the department by rule provides otherwise. In this subsection, "wastewater treatment plant" means a system or plant used to treat industrial wastewater, domestic wastewater or any combination of industrial wastewater and domestic wastewater.

AB926, s. 1010 Section 1010. 281.19 (6) of the statutes is amended to read:

AB926,281,16 281.19 (6) Orders issued by the department shall be signed by the person designated by the board secretary.

AB926, s. 1011 Section 1011. 281.33 (2) of the statutes is amended to read:

AB926,282,2 281.33 (2) State storm water management plan. The department, in consultation with the department of commerce, shall promulgate by rule a state storm water management plan. This state plan is applicable to activities contracted for or conducted by any agency, as defined under s. 227.01 (1), but also including the office of district attorney, unless that agency enters into a memorandum of understanding with the department of natural resources in which that agency agrees to regulate activities related to storm water management. The department shall coordinate the activities of agencies, as defined under s. 227.01 (1), in storm water management and make recommendations to these agencies concerning activities related to storm water management.

AB926, s. 1012 Section 1012. 281.34 (4) (b) of the statutes is amended to read:

AB926,282,8 281.34 (4) (b) If, under sub. (5) (b), (c), or (d), the department requests an environmental impact report under s. 23.11 (5) 278.40 (1m) for a proposed high capacity well, the department may only request information in that report that relates only to the decisions that the department makes under this section related to the proposed high capacity well.

AB926, s. 1013 Section 1013. 281.34 (5) (b) 1. of the statutes is amended to read:

AB926,282,17 281.34 (5) (b) 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) 278.40 (1m) must be prepared for a proposed high capacity well located in a groundwater protection area, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact.

AB926, s. 1014 Section 1014. 281.34 (5) (c) of the statutes is amended to read:

AB926,283,2 281.34 (5) (c) High water loss. If the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) 278.40 (1m) must be prepared for a proposed high capacity well with a water loss of more than 95 percent of the amount of water withdrawn, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact.

AB926, s. 1015 Section 1015. 281.34 (5) (d) 1. of the statutes is amended to read:

AB926,283,11 281.34 (5) (d) 1. Except as provided in subd. 2., if the department determines, under the environmental review process in sub. (4), that an environmental impact report under s. 23.11 (5) 278.40 (1m) must be prepared for a proposed high capacity well that may have a significant environmental impact on a spring, the department may not approve the high capacity well unless it is able to include and includes in the approval conditions, which may include conditions as to location, depth, pumping capacity, rate of flow, and ultimate use, that ensure that the high capacity well does not cause significant environmental impact.

AB926, s. 1016 Section 1016. 281.36 (9) (ar) 2. b. of the statutes is amended to read:

AB926,283,18 281.36 (9) (ar) 2. b. If the proprietor refuses to grant consent for the entry on, or the inspection of, the property or if the proprietor's explanation or terms of consent are not acceptable to the department of natural resources, the department of natural resources may apply for, obtain, or execute a special inspection warrant under s. 66.0119 or refer the matter to the department of justice for enforcement under s. 299.95.

AB926, s. 1017 Section 1017. 281.36 (9) (ar) 2. c. of the statutes is amended to read:

AB926,283,22 281.36 (9) (ar) 2. c. If the proprietor fails to respond to all requests made under subd. 1., an agent of the department of natural resources may apply for, obtain, and execute a special inspection warrant under s. 66.0119.

AB926, s. 1018 Section 1018. 281.37 (1) (a) 3. of the statutes is amended to read:

AB926,284,3 281.37 (1) (a) 3. A wild and scenic river designated under 16 USC 1271 to 1287, a wild river designated under s. 30.26 23.43, the Lower Wisconsin State Riverway or a scenic urban waterway designated under s. 30.275 23.434.

AB926, s. 1019 Section 1019. 281.43 (1) of the statutes is amended to read:

AB926,284,13 281.43 (1) The department of natural resources may require the sewerage system, or sewage or refuse disposal plant of any governmental unit including any town, village or city, to be so planned and constructed that it may be connected with that of any other town, village or city, and may, after hearing, upon due notice to the governmental units order the proper connections to be made or a group of governmental units including cities, villages, town sanitary districts or town utility districts may construct and operate a joint sewerage system under this statute without being so required by order of the department of natural resources but following hearing and approval of the department.

AB926, s. 1020 Section 1020. 281.48 (5s) of the statutes is amended to read:

AB926,284,17 281.48 (5s) Citations. (a) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture for a violation of subs. (2) to (5).

AB926,284,21 (b) Notwithstanding s. 23.66 278.66 (4), the department shall promulgate rules establishing the basic amount of the deposit that may be made under s. 23.66 278.66 (1) by a person to whom a citation is issued under par. (a). The rules shall specify a different amount for each offense under subs. (2) to (5).

AB926, s. 1021 Section 1021. 281.55 (2) of the statutes is amended to read:

AB926,285,5 281.55 (2) In order that the construction of pollution prevention and abatement facilities necessary to the protection of state waters be encouraged, a state program of assistance to municipalities and school districts for the financing of such facilities is established and a program of state advances in anticipation of federal aid reimbursement is established to meet the state's water quality standards. These state programs shall be administered by the department of natural resources and the department shall make such rules as are necessary for the proper execution of the state program.

AB926, s. 1022 Section 1022. 281.55 (6) (b) 1. of the statutes is amended to read:

AB926,285,14 281.55 (6) (b) 1. These payments shall not exceed 50% of the approved project in conjunction with the state program of advancement in anticipation of federal reimbursement under sub. (2). To provide for the financing of pollution prevention and abatement facilities, the natural resources board department, with the approval of the governor, subject to the limits of s. 20.866 (2) (tm) may direct that state debt be contracted as set forth in subd. 2. and subject to the limits set therein. Said debts shall be contracted for in the manner and form as the legislature hereafter prescribes.

AB926, s. 1023 Section 1023. 281.58 (9) (ae) of the statutes is amended to read:

AB926,285,20 281.58 (9) (ae) A municipality that submits an application under par. (a) without design plans and specifications may obtain an initial determination of financial eligibility from the department of administration. The department of natural resources environmental quality may not approve a municipality's application until the municipality submits design plans and specifications.

AB926, s. 1024 Section 1024. 281.58 (9) (e) of the statutes is amended to read:

AB926,286,6 281.58 (9) (e) If the department of natural resources environmental quality and the department of administration determine that the governor's recommendation, as set forth in the executive budget bill, for the amount under s. 281.59 (3e) (b), the amount available under s. 20.866 (2) (tc), or the amount available under s. 281.59 (4) (f) for a biennium is insufficient to provide funding for all projects for which applications will be approved during that biennium, the department of environmental quality shall inform municipalities that, if the governor's recommendations are approved, clean water fund program assistance during a fiscal year of that biennium will be available only to municipalities that submit financial assistance applications by the June 30 preceding that fiscal year.

AB926, s. 1025 Section 1025. 281.58 (9m) (f) (intro.) of the statutes is amended to read:

AB926,286,13 281.58 (9m) (f) (intro.) If the department of natural resources environmental quality and the department of administration determine that the amount approved under s. 281.59 (3e) (b), the amount available under s. 20.866 (2) (tc), or the amount available under s. 281.59 (4) (f) for a biennium is insufficient to provide funding for all projects for which applications will be approved during that biennium, all of the following apply:

AB926, s. 1026 Section 1026. 281.58 (11) (b) of the statutes is amended to read:

AB926,286,17 281.58 (11) (b) For municipalities meeting the financial hardship assistance requirements under sub. (13), the department of natural resources environmental quality may approve financial hardship assistance.

AB926, s. 1027 Section 1027. 281.59 (11) (a) of the statutes is amended to read:

AB926,286,24 281.59 (11) (a) The department of natural resources environmental quality and the department of administration may enter into a financial assistance agreement with an applicant for which the department of administration has allocated subsidy under s. 281.58 (9m), 281.60 (8) or 281.61 (8) if the applicant meets the conditions under sub. (9) and the other requirements under this section and s. 281.58, 281.60 or 281.61.

AB926, s. 1028 Section 1028. 281.59 (11) (c) of the statutes is amended to read:

AB926,287,6 281.59 (11) (c) The department of administration may retain the last payment under a financial assistance agreement until the department of natural resources environmental quality and the department of administration determine that the project is completed and meets the applicable requirements of this section and s. 281.58, 281.60 or 281.61 and that the conditions of the financial assistance agreement are met.

AB926, s. 1029 Section 1029. 281.59 (12) of the statutes is amended to read:

AB926,287,13 281.59 (12) Municipal obligations. The department of administration may purchase or refinance obligations specified in s. 281.58 (6) (b) 1. and guarantee or purchase insurance for municipal obligations specified in s. 281.58 (6) (b) 3. if the department of administration and the department of natural resources environmental quality approve the financial assistance under this section and s. 281.58.

AB926, s. 1030 Section 1030. 281.625 (4) of the statutes is amended to read:

AB926,287,18 281.625 (4) With the approval of the department of administration, the department of natural resources environmental quality may transfer funds from the appropriation accounts under s. 20.320 (2) (s) and (x) to the Wisconsin drinking water reserve fund under s. 234.933 to guarantee loans under s. 234.86.

AB926, s. 1031 Section 1031. 281.65 (3) (at) of the statutes is amended to read:

AB926,287,22 281.65 (3) (at) Review rules drafted under this section and make recommendations regarding the rules before final approval of the rules by the natural resources board department.

AB926, s. 1032 Section 1032. 281.65 (4g) of the statutes is amended to read:

AB926,288,5 281.65 (4g) The department may contract with any person from the appropriation account under s. 20.370 20.375 (4) (at) for services to administer or implement this section, including information and education and training services. The department shall allocate $500,000 in each fiscal year from the appropriation account under s. 20.370 20.375 (4) (at) for contracts for educational and technical assistance related to the program under this section provided by the University of Wisconsin-Extension.

AB926, s. 1033 Section 1033. 281.65 (4m) (c) of the statutes is amended to read:

AB926,288,14 281.65 (4m) (c) The department shall submit a copy of any plan it completes under this subsection to any county located in or containing any watershed which is a subject of the plan and to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall review the plan and notify the department of natural resources environmental quality of its comments on the plan. A county receiving a plan under this subsection shall review the plan, approve or disapprove the plan and notify the department of natural resources environmental quality of its action on the plan.

AB926, s. 1034 Section 1034. 281.65 (7) (b) of the statutes is amended to read:

AB926,288,21 281.65 (7) (b) 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) or the department of natural resources may obtain a review of the decision of a county land conservation committee under par. (a) 2. by filing a written request with the land and water conservation board within 60 days after receiving the decision of the county land conservation committee.

AB926, s. 1035 Section 1035. 281.68 (2) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,289,3 281.68 (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 20.375 (6) (ar) and (as).

AB926, s. 1036 Section 1036. 281.69 (1b) (d) of the statutes is amended to read:

AB926,289,5 281.69 (1b) (d) "Wetland" has the meaning given in s. 23.32 278.32 (1).

AB926, s. 1037 Section 1037. 281.69 (3m) (a) of the statutes is amended to read: