AB926: Bill Text

AB926, s. 927 Section 927. 146.60 (5) of the statutes is amended to read:

AB926,226,10 146.60 (5) Memorandum of understanding. Within 6 months after June 13, 1989, the department of natural resources environmental quality shall enter into a memorandum of understanding with the department of agriculture, trade and consumer protection setting forth the procedures and responsibilities of the departments in the administration of this section. The memorandum shall establish procedures that minimize the duplication of effort between the departments and for the person providing information under sub. (3).

AB926, s. 928 Section 928. 160.001 (6) of the statutes is amended to read:

AB926,226,15 160.001 (6) Where necessary to comply with federal statutes or regulations, the department of natural resources environmental quality may adopt rules in regulatory programs administered by it which are more stringent than the enforcement standards and preventive action limits adopted under this chapter.

AB926, s. 929 Section 929. 160.001 (7) of the statutes is amended to read:

AB926,227,2 160.001 (7) A regulatory agency may take any actions within the context of regulatory programs established in statutes outside of this chapter, if those actions are necessary to protect public health and welfare or prevent a significant damaging effect on groundwater or surface water quality for present or future consumptive or nonconsumptive uses, whether or not an enforcement standard and preventive action limit for a substance has been adopted under this chapter. Nothing in this chapter requires the department of health services or the department of natural resources environmental quality to establish an enforcement standard for a substance if a federal number or state drinking water standard has not been adopted for the substance and if there is not sufficient scientific information to establish the standard.

AB926, s. 930 Section 930. 160.01 (1) of the statutes is amended to read:

AB926,227,5 160.01 (1) "Department", when used without qualification, means the department of natural resources environmental quality.

AB926, s. 931 Section 931. 160.01 (7) of the statutes is amended to read:

AB926,227,12 160.01 (7) "Regulatory agency" means the department of agriculture, trade and consumer protection, the department of commerce, the department of transportation, the department of natural resources environmental quality and other state agencies which regulate activities, facilities or practices which are related to substances which have been detected in or have a reasonable probability of entering the groundwater resources of the state.

AB926, s. 932 Section 932. 160.07 (5) of the statutes is amended to read:

AB926,227,18 160.07 (5) Within 9 months after transmitting the name of a substance to the department of health services under sub. (2), the department of natural resources environmental quality shall propose rules establishing the recommendation of the department of health services as the enforcement standard for that substance and publish the notice required under s. 227.16 (2) (e), 227.17 or 227.24 (3).

AB926, s. 933 Section 933. 160.07 (6) of the statutes is amended to read:

AB926,227,24 160.07 (6) If a federal number is established or changed for a substance after an enforcement standard is recommended by the department of health services and if any person or regulatory agency submits a request, the department of natural resources environmental quality shall determine whether the enforcement standard needs revision based on recommendations under sub. (4).

AB926, s. 934 Section 934. 160.13 (2) (b) 4. of the statutes is amended to read:

AB926,228,13 160.13 (2) (b) 4. If no acceptable daily intake or equivalent value for an oncogen is established by the federal environmental protection agency or if an acceptable daily intake is established but oncogenic potential at the established acceptable daily intake presents an unacceptable probability of risk, the department shall provide the department of natural resources environmental quality with an evaluation of the oncogenic potential of the substance. This evaluation of oncogenic potential shall indicate an acceptable daily intake for the substance which, if ingested daily over an entire human lifetime, appears to present an acceptable probability of risk which is presumed to be a risk level equal to a ratio of one to 1,000,000. A risk level equal to a ratio of one to 1,000,000 is the expectation that no more than one excess death will occur in a population of 1,000,000 over a 70-year period. The department shall base the evaluation of oncogenic potential on a review of the most recent and scientifically valid information available.

AB926, s. 935 Section 935. 165.25 (4) (a) of the statutes is amended to read:

AB926,228,20 165.25 (4) (a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the department of revenue, the public service commission, the department of transportation, the department of natural resources environmental quality, the department of tourism and the department of employee trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.

AB926, s. 936 Section 936. 165.25 (6) (e) of the statutes is amended to read:

AB926,229,9 165.25 (6) (e) The department of justice may appear for and defend the state or any state department, agency, official or employee in any civil action arising out of or relating to the assessment or collection of costs concerning environmental cleanup or natural resources damages including actions brought under 42 USC 9607. The action may be compromised and settled in the same manner as provided in par. (a). At the request of the department of natural resources environmental quality, the department of justice may provide legal representation to the state or to the department of natural resources environmental quality in the same matter in which the department of justice provides defense counsel, if the attorneys representing those interests are assigned from different organizational units within the department of justice. This paragraph may not be construed as a consent to sue the state or any department, agency, official or employee of the state or as a waiver of sovereign immunity.

AB926, s. 937 Section 937. 165.85 (4) (b) 1. of the statutes is amended to read:

AB926,230,10 165.85 (4) (b) 1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. The program shall include 400 hours of training, except that the program for law enforcement officers who serve as rangers for the department of natural resources or the department of agriculture, trade and consumer protection includes 240 hours of training. The board shall promulgate a rule under ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employee of the employing agency or unit of government. Law enforcement training programs including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements.

AB926, s. 938 Section 938. 167.10 (3) (b) 3. of the statutes is amended to read:

AB926,230,13 167.10 (3) (b) 3. The disposal of hazardous substances in accordance with rules adopted by the department of natural resources environmental quality.

AB926, s. 939 Section 939. 167.31 (5) (d) of the statutes is amended to read:

AB926,230,20 167.31 (5) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the weapons surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the secretary of administration as provided in s. 59.25 (3) (f) 2. The secretary of administration shall deposit all amounts received under this paragraph in the conservation fund to be appropriated under s. 20.370 (3) (mu) (1) (pu).

AB926, s. 940 Section 940. 169.46 (1) (e) of the statutes is amended to read:

AB926,230,24 169.46 (1) (e) All moneys collected from natural resources surcharges shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (3) (mu) (1) (pu).

AB926, s. 941 Section 941. 169.46 (2) (e) of the statutes is amended to read:

AB926,231,3 169.46 (2) (e) All moneys collected from natural resources restitution surcharges shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (3) (mu) (1) (pu).

AB926, s. 942 Section 942. 170.12 (4) (intro.) of the statutes is amended to read:

AB926,231,10 170.12 (4) Review by other agencies. (intro.) Upon receipt of an application under sub. (3), the board shall immediately transmit copies of the application to the department of natural resources and to, the department of environmental quality, and the historical society for review. The department of natural resources and the historical society shall, as appropriate, within 30 days after their receipt of the application, notify the board whether any of the following applies:

AB926, s. 943 Section 943. 170.12 (4) (c) of the statutes is amended to read:

AB926,231,15 170.12 (4) (c) The proposed project may affect public rights in navigable waters. The department of natural resources and the department of environmental quality shall recommend to the board requirements and conditions to be attached to the permit which shall protect those rights.

AB926, s. 944 Section 944. 182.70 (1) (d) of the statutes is amended to read:

AB926,231,18 182.70 (1) (d) "Department" means the department of natural resources environmental quality.

AB926, s. 945 Section 945. 182.70 (3) (a) 1. of the statutes is amended to read:

AB926,232,8 182.70 (3) (a) 1. The company may create, acquire or lease an entire reservoir project or otherwise maintain, operate or control a system of water reservoirs located in or along the Wisconsin river. These reservoirs shall be located north of township 37 north in or along the Wisconsin River, and in or along any tributary of the Wisconsin River that discharges into the river at any point north of the south line of township 23 north. The company may create, acquire, maintain and operate waterways to divert flood waters from or to the Wisconsin River to or from reservoirs on other rivers. Diversion of flood waters shall be subject to approval by the department, in consultation with the department of natural resources. The company may construct, acquire and maintain dams, booms and other structures in, along or across this portion of the Wisconsin River and its tributaries to accomplish the purposes of this section. The company may clean out, straighten, deepen or otherwise improve any tributary to improve navigation of the tributary or of the Wisconsin River, or to prevent injury to property bordering on the rivers.

AB926, s. 946 Section 946. 182.71 (1) (c) of the statutes is amended to read:

AB926,232,11 182.71 (1) (c) "Department" means the department of natural resources environmental quality.

AB926, s. 947 Section 947. 182.71 (7) (a) and (b) of the statutes are amended to read:

AB926,232,17 182.71 (7) (a) The commission shall appraise and fix the price of any dam, land or flowage rights to be purchased by the company under this section. The commission shall approve any lease of property by the company prior to the payment of rent. The commission may require the department or the department of natural resources to aid in appraising the value of the land.

AB926,233,2 (b) If the company intends to acquire and overflow property, the commission shall approve the need to overflow the property. The department, in consultation with the department of natural resources, shall mark the height to which any dam may raise the water level by permanent monuments and bench marks, shall supervise and control the time and extent of the drawing of water from the reservoirs, and may compel the maintenance of all reservoirs established. The commission and the department may employ, at the expense of the company, hydraulic engineers and other persons to assist in obtaining information necessary to enforce this section. The cost of hiring the engineers shall be included as a part of the cost of construction or maintenance and operation of the reservoir system.

AB926, s. 948 Section 948. 196.025 (2m) (title) of the statutes is amended to read:

AB926,233,5 196.025 (2m) (title) Coordination with department of natural resources environmental quality.

AB926, s. 949 Section 949. 196.025 (2m) (a) 1. of the statutes is amended to read:

AB926,233,8 196.025 (2m) (a) 1. "Department" means the department of natural resources environmental quality.

AB926, s. 950 Section 950. 196.374 (3) (a) of the statutes is amended to read:

AB926,233,19 196.374 (3) (a) In general. The commission shall have oversight of programs under sub. (2). The commission shall maximize coordination of program delivery, including coordination between programs under subs. (2) (a) 1., (b) 1. and 2., and (c) and (7), ordered programs, low-income weatherization programs under s. 16.957, renewable resource programs under s. 196.378, and other energy efficiency or renewable resource programs. The commission shall cooperate with the department of natural resources environmental quality to ensure coordination of energy efficiency and renewable resource programs with air quality programs and to maximize and document the air quality improvement benefits that can be realized from energy efficiency and renewable resource programs.

AB926, s. 951 Section 951. 196.491 (1) (c) of the statutes is amended to read:

AB926,233,22 196.491 (1) (c) "Department" means the department of natural resources environmental quality.

AB926, s. 952 Section 952. 196.491 (2) (b) 5. of the statutes is amended to read:

AB926,233,24 196.491 (2) (b) 5. Department of natural resources environmental quality.

AB926, s. 953 Section 953. 196.86 (1) (a) of the statutes is amended to read:

AB926,234,2 196.86 (1) (a) "Department" means the department of natural resources environmental quality.

AB926, s. 954 Section 954. 196.86 (1) (d) of the statutes is amended to read:

AB926,234,7 196.86 (1) (d) "Initial compliance date" means the date specified in a notice by the department of natural resources environmental quality under s. 285.48 (2) by which electric generating facilities in the midcontinent area of this state are required to comply with initial nitrogen oxide emission reduction requirements.

AB926, s. 955 Section 955. 196.86 (2) of the statutes is amended to read:

AB926,234,17 196.86 (2) If the department of natural resources environmental quality makes a notification to the commission under s. 285.48 (2), the commission shall assess against electric public utility affiliates a total of $2,400,000, or a decreased amount specified in a notice by the department of natural resources under s. 285.48 (3) (d) 3., in each fiscal year of the 10-year period that commences on July 1 of the fiscal year ending before the initial compliance date. An assessment in a fiscal year against an electric public utility affiliate under this subsection shall be in an amount that is proportionate to the electric public utility affiliate's heat throughput ratio for the prior fiscal year.

AB926, s. 956 Section 956. 198.22 (7) of the statutes is amended to read:

AB926,235,2 198.22 (7) Boundaries. Immediately upon the organization of the board of directors the clerk shall cause to be recorded in the office of the register of deeds of each county in which any part of said district is located, and shall file with the secretary of state, the department of natural resources environmental quality, the governor and the clerk of each town, city or village, wholly or partly within the district, a certified copy of the boundaries of the district as set forth in the notice of election pursuant to sub. (3) or as thereafter amended. Thereafter, in any proceeding wherein the boundaries of the district are concerned, it shall be sufficient in describing said boundaries to refer to such record of such description.

AB926, s. 957 Section 957. 198.22 (13) of the statutes is amended to read:

AB926,235,10 198.22 (13) Distribution system standards in Milwaukee County. When any such district is established in any county having a population of 500,000 or more and containing a city of the 1st class, no municipality in such district shall construct any part of its distribution system except according to the standard of sizes and grades of materials as used by such city of the 1st class, or the standards of the American waterworks association and the department of natural resources environmental quality.

AB926, s. 958 Section 958. 200.01 (2) of the statutes is amended to read:

AB926,235,13 200.01 (2) "Department" means the department of natural resources environmental quality.

AB926, s. 959 Section 959. 200.11 (1) (e) of the statutes is amended to read:

AB926,235,20 200.11 (1) (e) Annual report. The commission shall prepare annually a full and detailed report of its official transactions and expenses and of all presently planned additions and major changes in district facilities and services and shall file a copy of such report with the department of natural resources environmental quality, the department of health services and the governing bodies of all cities, villages and towns having territory in such district.

AB926, s. 960 Section 960. 200.27 (9) of the statutes is amended to read:

AB926,235,25 200.27 (9) Annual report. The commission shall prepare annually a full report of its official transactions and expenditures and shall mail the report to the governor, to the secretary of natural resources environmental quality and to the governing body of each municipality.

AB926, s. 961 Section 961. 200.29 (1) (c) 4. b. of the statutes is amended to read:

AB926,236,9 200.29 (1) (c) 4. b. Any area not included within the redefined boundary under subd. 1. or 2. ceases to be a part of the district for all purposes upon the filing of a certified copy of the resolution describing the area not within the district with the clerk of each county in which the district is located. The commission shall also record the resolution with the register of deeds for each county in which the district is located, and file a certified copy of the resolution with the clerk of each city, village and town in the district and with the department of natural resources environmental quality.

AB926, s. 962 Section 962. 200.29 (1) (d) 3. of the statutes is amended to read:

AB926,236,17 200.29 (1) (d) 3. Any area added to the district under this paragraph becomes a part of the district for all purposes upon the filing of a certified copy of the resolution describing the area being added with the clerk of each county in which the district is located. The commission shall also record the resolution with the register of deeds for each county in which the district is located, and file certified copies with the clerk of each city, village and town in the district and with the department of natural resources environmental quality.

AB926, s. 963 Section 963. 200.35 (4) of the statutes is amended to read:

AB926,236,25 200.35 (4) Delivery of deeds; DNR state permits. Upon application of the commission the proper officers of this state shall execute, acknowledge and deliver to the proper officers of the district any deed or other instrument as may be proper for the purpose of fully confirming the grants under subs. (2) and (3). Notwithstanding s. 30.05, the district may not commence an action under sub. (2) or (3) without obtaining all of the necessary permits from the department of natural resources environmental quality under ch. 30.

AB926, s. 964 Section 964. 200.35 (8) (a) of the statutes is amended to read:

AB926,237,5 200.35 (8) (a) Subject to s. 30.20 and to any applicable rule of the department of natural resources environmental quality, the commission may improve any river or stream within the district by deepening, widening or otherwise changing it as the commission finds necessary in order to carry off surface or drainage water.

AB926, s. 965 Section 965. 200.35 (9) (b) of the statutes is amended to read:

AB926,237,15 200.35 (9) (b) The commission shall apply to the department of natural resources environmental quality for a permit for the diversion. Upon receipt of an application for a permit, the department shall fix a time, not more than 8 weeks after receiving the application, and a convenient place for a public hearing on the application. The department shall notify the commission of the time and place and the commission shall publish a notice of the time and place of the hearing once each week for 3 successive weeks before the hearing in at least one newspaper designated by the department of natural resources environmental quality and published in the district.

AB926, s. 966 Section 966. 200.35 (9) (c) of the statutes is amended to read:

AB926,238,7 200.35 (9) (c) In addition to the publication required under par. (b) the commission, not less than 20 days prior to the hearing, shall mail a notice of the hearing to every person who has recorded an interest in any lands that are likely to be affected by the proposed diversion and whose post-office address can be ascertained by due diligence. The notice shall specify the time and place of the hearing, shall be accompanied by a general statement of the nature of the application and shall be forwarded to these persons by registered mail in a sealed and postpaid envelope properly addressed. The commission shall file proof of the publication and mailing of notice with the department of natural resources environmental quality. At the hearing or any adjournment thereof, the department of natural resources environmental quality shall consider the application and shall take evidence offered by the commission and other persons in support of or in opposition to the application. The department may require that the application be amended. If the department finds after the hearing that the application is in the public interest, will not violate public rights and will not pose an unreasonable risk to life, health or property, the department shall issue a permit to the commission.

AB926, s. 967 Section 967. 200.35 (12) of the statutes is amended to read:

AB926,238,12 200.35 (12) Disposal of treated sewage. Subject to any applicable rule of the department of natural resources environmental quality, the commission may dispose of treated sewage by commercial or charitable means and may expend an amount reasonably necessary for this purpose.

AB926, s. 968 Section 968. 200.35 (14) (d) 1. of the statutes is amended to read:

AB926,238,18 200.35 (14) (d) 1. The commission shall pay for the portion of the cost of a project constructed by the commission under this subsection which equals the difference between the cost of disposing of the waste rock at a disposal site which is approved by the department of natural resources environmental quality and which is outside of the district's service area and the cost of disposing of the waste rock in the project.

AB926, s. 969 Section 969. 200.47 (2) (a) of the statutes is amended to read:

AB926,239,3 200.47 (2) (a) Except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $20,000 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources environmental quality under ch. 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.0901.

AB926, s. 970 Section 970. 200.49 (7) (b) of the statutes is amended to read:

AB926,239,12 200.49 (7) (b) The executive director shall submit the plan to the secretary of natural resources environmental quality for review and comment. The secretary of natural resources environmental quality shall provide the executive director with comments or recommendations for changes in the plan, if any, within 30 days after the plan is submitted. No contracts may be awarded under sub. (5) until 30 days after the date the plan is submitted to the secretary of natural resources environmental quality or until the date the executive director receives the secretary's comments or recommendations, whichever is earlier.