AB177: Bill Text

AB177, s. 5 Section 5. 30.208 (3) (b) of the statutes is amended to read:

AB177,6,5 30.208 (3) (b) If the notice of complete pending application does not contain a notice of public hearing, any person may request a public hearing in writing or the department may decide to hold a public hearing without a request being submitted if the department determines that there is a significant public interest in holding a hearing.

AB177, s. 6 Section 6. 30.208 (3) (c) of the statutes is amended to read:

AB177,6,12 30.208 (3) (c) A request for a public hearing under par. (b) must be submitted to the department or the department's decision to hold a public hearing must occur within 30 10 days after the department completes providing provides the notice of complete pending application. The department shall provide notice of public hearing within 15 days after the request for public hearing is submitted or the department makes its determination decision to hold a public hearing.

AB177, s. 7 Section 7. 30.208 (3) (e) of the statutes is amended to read:

AB177,6,18 30.208 (3) (e) Within 30 20 days after the public hearing is held completed or, if no public hearing is held, within 30 days of the 30-day comment period under sub. (4) (a), the department shall render a decision, issuing, denying, or modifying the permit or approving or disapproving the contract that is the subject of the application submitted under sub. (1).

AB177, s. 8 Section 8. 30.208 (3) (f) of the statutes is created to read:

AB177,6,23 30.208 (3) (f) If the department fails to comply with the time periods in this subsection or sub. (4), a decision issuing the permit, modifying the permit in the manner requested by the applicant for the permit, or approving the contract shall be considered to be rendered.

AB177, s. 9 Section 9. 30.208 (4) (a) of the statutes is amended to read:

AB177,7,8 30.208 (4) (a) The department shall provide a period for public comment after the department has provided a notice of complete pending application under sub. (3) (a), during which time any person may submit written comments with respect to the application for the permit or contract. The department shall retain all of the written comments submitted during this period and shall consider all of the comments in the formulation of the final decision on the application. The period for public comment shall end on the 30th day following the date on which the department completes providing the notice of complete pending application, except as provided in par. (b).

AB177, s. 10 Section 10. 30.208 (4m) of the statutes is created to read:

AB177,7,15 30.208 (4m) Denials. If a decision is issued by the department under this section that denies a permit or a modification of a permit or disapproves a contract, the notice of denial or disapproval shall set forth the specific reasons as to how the applicable provisions of this subchapter were not met. The notice of denial or disapproval may not be based on a determination that the application for the permit or contract was incomplete.

AB177, s. 11 Section 11. 30.208 (5) (a) (intro.) of the statutes is amended to read:

AB177,7,20 30.208 (5) (a) (intro.) The department shall, by rule, establish procedures for providing notices of complete pending applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1m). The procedures shall require all of the following:

AB177, s. 12 Section 12. 30.208 (5) (b) (intro.) of the statutes is amended to read:

AB177,7,25 30.208 (5) (b) (intro.) The department shall, by rule, prescribe the form and content of notices of complete pending applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1m). Each notice shall include all of the following information:

AB177, s. 13 Section 13. 30.208 (5) (b) 4. of the statutes is amended to read:

AB177,8,4 30.208 (5) (b) 4. For a notice of complete pending application and a notice of public hearing under sub. (3), a statement of the tentative determination to issue, modify, or deny a permit for the activity or project described in the application.

AB177, s. 14 Section 14. 30.208 (5) (b) 5. of the statutes is amended to read:

AB177,8,9 30.208 (5) (b) 5. For a notice of complete pending application and a notice of public hearing under sub. (3), a brief description of the procedures for the formulation of final determinations, including a description of the comment period required under sub. (4).

AB177, s. 15 Section 15. 30.209 (2) (a) of the statutes is amended to read:

AB177,8,12 30.209 (2) (a) An administrative hearing under this subsection section shall be treated as a contested case under ch. 227.

AB177, s. 16 Section 16. 30.209 (2) (b) of the statutes is amended to read:

AB177,8,21 30.209 (2) (b) If a stay under sub. (1m) (c) is in effect, the hearing examiner shall, within 30 days after receipt of the referral under sub. (1m) (g), determine whether continuation of the stay is necessary to prevent significant adverse impacts or irreversible harm to the environment pending completion of the administrative hearing. The hearing examiner shall make the determination based on the request under sub. (1m) (c), any response from the applicant under sub. (1m) (e), and any testimony at a public hearing or any public comments. The determination shall be made without a hearing.

AB177, s. 17 Section 17. 30.209 (2) (c) of the statutes is amended to read:

AB177,9,3 30.209 (2) (c) A An administrative hearing under this section shall be completed within 90 days after receipt of the referral of the petition under sub. (1m) (g), unless all parties agree to an extension of that period. In addition, a hearing examiner may grant a one-time extension for the completion of the hearing of up to 60 days on the motion of any party and a showing of good cause demonstrating extraordinary circumstances justifying an extension.

AB177, s. 18 Section 18. 30.209 (2) (d) (intro.) of the statutes is amended to read:

AB177,9,7 30.209 (2) (d) (intro.) Notwithstanding s. 227.44 (1), the department shall provide a notice of the administrative hearing at least 30 days before the date of the hearing to all of the following:

AB177, s. 19 Section 19. 30.209 (2) (e) of the statutes is created to read:

AB177,9,13 30.209 (2) (e) In an administrative hearing under this section, if the applicant is the petitioner, the department shall proceed first with the presentation of evidence and shall have the burden of proof. If the applicant is not the petitioner, the petitioner shall proceed first with the presentation of evidence and shall have the burden of proof.

AB177, s. 20 Section 20. Initial applicability.

AB177,9,19 (1) The treatment of sections 30.18 (4) (a) and 30.208 (3) (a), (b), (c), (e), and (f), (4) (a), (4m), and (5) (a) (intro.) and (b) (intro.), 4., and 5. of the statutes, the renumbering and amendment of section 30.208 (2) of the statutes, and the creation of section 30.208 (2) (d) of the statutes first apply to applications for permits or contracts that are submitted on the effective date of this subsection.

AB177,9,21 (2) The treatment of section 30.209 (2) (e) of the statutes first applies to administrative hearings that are commenced on the effective date of this subsection.

AB177,9,22 (End)