SB27: Bill Text

SB27, s. 2898 Section 2898. 281.33 (3m) (a) of the statutes is renumbered 101.1206 (1).

SB27, s. 2899 Section 2899. 281.33 (3m) (b) of the statutes is renumbered 101.1206 (2) and amended to read:

SB27,1079,15 101.1206 (2) The department shall require the submission of plans for erosion control at construction sites described in par. (a) sub. (1) to the department or to a county, city, village, or town to which the department has delegated authority under par. (d) sub. (4) and shall require approval of those plans by the department or the county, city, village, or town.

SB27, s. 2900 Section 2900. 281.33 (3m) (c) of the statutes is renumbered 101.1206 (3) and amended to read:

SB27,1079,21 101.1206 (3) The department shall require inspection of erosion control activities and structures at construction sites described in par. (a) sub. (1) by the department or a county, city, village, or town to which the department has delegated authority under par. (d) sub. (4).

SB27, s. 2901 Section 2901. 281.33 (3m) (d) of the statutes is renumbered 101.1206 (4).

SB27, s. 2902 Section 2902. 281.33 (3m) (e) of the statutes is renumbered 101.1206 (5) and amended to read:

SB27,1080,4 101.1206 (5) Except as provided in par. (f) sub. (5m), the authority of a county, city, village, or town with respect to erosion control at sites described in par. (a) sub. (1) is limited to that authority delegated under par. (d) sub. (4) and any other authority provided in rules promulgated under this subsection section.

SB27, s. 2903 Section 2903. 281.33 (3m) (f) of the statutes is renumbered 101.1206 (5m) and amended to read:

SB27,1080,12 101.1206 (5m) Notwithstanding pars. (a) subs. (1) and (e) (5), a county, city, village, or town that has in effect on January 1, 1994, an ordinance that establishes standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment may continue to administer and enforce that ordinance if the standards in the ordinance are more stringent than the standards established under par. (a) sub. (1).

SB27, s. 2904 Section 2904. 281.33 (3m) (g) of the statutes is renumbered 101.1206 (6) and amended to read:

SB27,1080,20 101.1206 (6) The department, or a county, city, village, or town to which the department delegates the authority to act under this paragraph subsection, may issue a special order directing the immediate cessation of work on a construction site described in par. (a) sub. (1) until any required plan approval is obtained or until the site complies with standards established by rules promulgated under this subsection section.

SB27, s. 2905 Section 2905. 281.33 (3m) (h) of the statutes is renumbered 101.1206 (7).

SB27, s. 2906 Section 2906. 281.344 (8) (a) of the statutes is amended to read:

SB27,1081,5 281.344 (8) (a) Goals and objectives. The department shall specify water conservation and efficiency goals and objectives for the waters of the state. The department shall specify goals and objectives for the waters of the Great Lakes basin that are consistent with the goals under s. 281.343 (4b) (a) and the objectives identified by the regional body under Article 304 (1) of the Great Lakes — St. Lawrence River Basin Sustainable Water Resources Agreement. In specifying these goals and objectives, the department shall consult with the department of commerce safety and professional services and the public service commission.

SB27, s. 2907 Section 2907. 281.344 (8) (b) (intro.) of the statutes is amended to read:

SB27,1081,10 281.344 (8) (b) Statewide program. (intro.) In cooperation with the department of commerce safety and professional services and the public service commission, the department shall develop and implement a statewide water conservation and efficiency program that includes all of the following:

SB27, s. 2908 Section 2908. 281.344 (8) (b) 3. of the statutes is amended to read:

SB27,1081,14 281.344 (8) (b) 3. Water conservation and efficiency measures that the department of commerce safety and professional services requires or authorizes to be implemented under chs. 101 and 145.

SB27, s. 2909 Section 2909. 281.346 (8) (a) of the statutes is amended to read:

SB27,1081,25 281.346 (8) (a) Goals and objectives. The department shall specify water conservation and efficiency goals and objectives for the waters of the state and for the waters of the Great Lakes basin. The department shall specify goals and objectives for the waters of the Great Lakes basin that are consistent with the goals under s. 281.343 (4b) (a) and the objectives identified by the Great Lakes council under s. 281.343 (4b) (a) and (c). In specifying these goals and objectives, the department shall consult with the department of commerce safety and professional services and the public service commission and consider the water conservation and efficiency goals and objectives developed in any pilot program conducted by the department in cooperation with the regional body.

SB27, s. 2910 Section 2910. 281.346 (8) (b) (intro.) of the statutes is amended to read:

SB27,1082,5 281.346 (8) (b) Statewide program. (intro.) In cooperation with the department of commerce safety and professional services and the public service commission, the department shall develop and implement a statewide water conservation and efficiency program that includes all of the following:

SB27, s. 2911 Section 2911. 281.346 (8) (b) 3. of the statutes is amended to read:

SB27,1082,9 281.346 (8) (b) 3. Water conservation and efficiency measures that the department of commerce safety and professional services requires or authorizes to be implemented under chs. 101 and 145.

SB27, s. 2912 Section 2912. 281.57 (7) (c) 1. of the statutes is amended to read:

SB27,1082,17 281.57 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are limited in each fiscal year to receiving total grant awards not to exceed 33% of the sum of the amounts in the schedule for that fiscal year for the appropriation under s. 20.143 (3) 20.165 (2) (de) and the amount authorized under sub. (10) for that fiscal year plus the unencumbered balance at the end of the preceding fiscal year for the amount authorized under sub. (10). This subdivision is not applicable to grant awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.

SB27, s. 2913 Section 2913. 281.58 (12) (a) 1. of the statutes is amended to read:

SB27,1082,25 281.58 (12) (a) 1. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 1. and 2. is 55% 60 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2009-11 2011-13 biennium and 60% 80 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2009-11 2011-13 biennium or later.

SB27, s. 2914 Section 2914. 281.58 (12) (a) 2. of the statutes is amended to read:

SB27,1083,7 281.58 (12) (a) 2. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 5. is 65% 65 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2011-13 biennium and 80 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2011-13 biennium or later.

SB27, s. 2915 Section 2915. 281.58 (12) (a) 3. of the statutes is amended to read:

SB27,1083,14 281.58 (12) (a) 3. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 4. is 70% 70 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2011-13 biennium and 80 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2011-13 biennium or later.

SB27, s. 2916 Section 2916. 281.58 (12) (f) of the statutes is amended to read:

SB27,1083,18 281.58 (12) (f) The department and the department of administration jointly may request the joint committee on finance to take action under s. 13.101 (11) to modify the percentage of market interest rates rate established in par. (a) 1. to 3.

SB27, s. 2917 Section 2917. 281.59 (3e) (b) 1. of the statutes is amended to read:

SB27,1083,21 281.59 (3e) (b) 1. Equal to $134,900,000 $54,400,000 during the 2009-11 2011-13 biennium.

SB27, s. 2918 Section 2918. 281.59 (3e) (b) 3. of the statutes is amended to read:

SB27,1083,24 281.59 (3e) (b) 3. Equal to $1,000 for any biennium after the 2009-11 2011-13 biennium.

SB27, s. 2919 Section 2919. 281.59 (3e) (d) of the statutes is amended to read:

SB27,1084,6 281.59 (3e) (d) The department may expend, for financial assistance in a biennium other than financial hardship assistance under s. 281.58 (13) (e), an amount up to 85% 95 percent of the amount approved by the legislature under par. (b). The department may expend such amount only from the percentage of the amount approved under par. (b) that is not available under par. (e) for financial hardship assistance.

SB27, s. 2920 Section 2920. 281.59 (3e) (e) of the statutes is amended to read:

SB27,1084,13 281.59 (3e) (e) The department may expend, for financial hardship assistance, other than federal financial hardship assistance grants under s. 281.58 (13) (be), in a biennium under s. 281.58 (13) (e), an amount up to 15% 5 percent of the amount approved by the legislature under par. (b) for that biennium. The department may expend such amount only from the percentage of the amount approved by the legislature under par. (b) that is not available under par. (d) for financial assistance.

SB27, s. 2921 Section 2921. 281.59 (3s) (b) 1. of the statutes is amended to read:

SB27,1084,16 281.59 (3s) (b) 1. Equal to $17,600,000 $30,700,000 during the 2009-11 2011-13 biennium.

SB27, s. 2922 Section 2922. 281.59 (3s) (b) 2. of the statutes is amended to read:

SB27,1084,19 281.59 (3s) (b) 2. Equal to $1,000 for any biennium after the 2009-11 2011-13 biennium.

SB27, s. 2923 Section 2923. 281.59 (4) (f) of the statutes is amended to read:

SB27,1085,4 281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection, and all payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection, can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program shall not exceed $2,363,300,000 $2,716,300,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.

SB27, s. 2924 Section 2924. 281.60 (6) of the statutes is amended to read:

SB27,1085,14 281.60 (6) Priority list. The department shall establish a priority list that ranks each land recycling loan program project. The department shall promulgate rules for determining project rankings based on the potential of projects to reduce environmental pollution and threats to human health and, for sites and facilities that are not landfills, the extent to which projects will prevent the development of undeveloped land by making land available for redevelopment after a cleanup is conducted. Before the department establishes the priority list, the department shall consider the recommendations of the department of administration and the department of commerce Wisconsin Economic Development Corporation.

SB27, s. 2925 Section 2925. 281.61 (8) (a) 2. of the statutes is amended to read:

SB27,1085,18 281.61 (8) (a) 2. In any biennium, no local governmental unit may receive more than 25% of the amount established under s. 281.59 (3s) (b) funds that the department of administration projects will be available for that biennium.

SB27, s. 2926 Section 2926. 281.66 (6) of the statutes is amended to read:

SB27,1086,4 281.66 (6) Grants for campuses. Notwithstanding subs. (3) and (4), the department may distribute a grant to the board of regents Board of Trustees of the University of Wisconsin–Madison or Board of Regents of the University of Wisconsin System for practices, techniques or measures to control storm water discharges on the University of Wisconsin–Madison campus or a University of Wisconsin System campus that is located in a municipality that is required to obtain a permit under s. 283.33 and that is located in a priority watershed, as defined in s. 281.65 (2) (c), a priority lake area, as defined in s. 281.65 (2) (bs), or an area that is identified as an area of concern by the International Joint Commission, as defined in s. 281.35 (1) (h), under the Great Lakes Water Quality Agreement.

SB27, s. 2927 Section 2927. 281.68 (2) (a) of the statutes is amended to read:

SB27,1086,7 281.68 (2) (a) The department may provide a grant of 75% of the cost of a lake management planning project up to a total of $10,000 $25,000 per grant.

SB27, s. 2928 Section 2928. 281.75 (4) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

SB27,1086,11 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 37, 52, 231, 233, 234, 237, or 238.

SB27, s. 2929 Section 2929. 281.75 (18) of the statutes is amended to read:

SB27,1086,19 281.75 (18) Suspension or revocation of licenses. The department may suspend or revoke a license issued under ch. 280 if the department finds that the licensee falsified information submitted under this section. The department of commerce safety and professional services may suspend or revoke the license of a plumber licensed under ch. 145 if the department of commerce safety and professional services finds that the plumber falsified information submitted under this section.

SB27, s. 2930 Section 2930. 283.11 (3) (am) of the statutes is renumbered 283.11 (3) (am) 1. and amended to read:

SB27,1087,2 283.11 (3) (am) 1. Notwithstanding sub. (1) or (2), and except as provided in subd. 2., the department shall promulgate by rule effluent limitations representing the best available demonstrated control technology, processes, operating methods or other alternatives concerning the discharge of phosphorous if the U.S. environmental protection agency has not promulgated an effluent limitation, effluent standard or prohibition concerning this type of discharge.

SB27, s. 2931 Section 2931. 283.11 (3) (am) 2. of the statutes is created to read:

SB27,1087,5 283.11 (3) (am) 2. a. In this subdivision, "region" means the geographic region composed of the states of Illinois, Indiana, Michigan, Minnesota, or Ohio.

SB27,1087,9 b. The department may not promulgate or enforce any rule establishing an effluent limitation for the discharge of phosphorous if that effluent limitation is more stringent than the effluent limitation for the discharge of phosphorous that is established by any state in the region.

SB27, s. 2932 Section 2932. 283.15 (2) (a) of the statutes is renumbered 283.15 (2) (am) and amended to read:

SB27,1087,15 283.15 (2) (am) 1. When Within 60 days after the department issues, reissues or modifies a permit to include a water quality based effluent limitation under s. 283.13 (5), the permittee may apply to the department for a variance from the water quality standard used to derive the limitation.

SB27,1087,25 2. After an application for a variance is submitted to the department under subd. 1., and until the last day for seeking review of the secretary's final decision on the application or a later date fixed by order of the reviewing court, the water quality based effluent limitation under s. 283.13 (5) and the corresponding compliance schedule are not effective. All other provisions of the permit continue in effect except those for which a petition for review has been submitted under s. 283.63. For those provisions for which an application for variance has been submitted under this section, the corresponding or similar provisions of the prior permit continue in effect until the last day for seeking review of the department's final decision or a later date fixed by order of the reviewing court.

SB27, s. 2933 Section 2933. 283.15 (2) (a) of the statutes is created to read:

SB27,1088,7 283.15 (2) (a) If a permit contains a variance or if a permittee anticipates that a reissued permit will include a water quality based effluent limitation under s. 283.13 (5), when the permittee applies for reissuance of the permit the permittee may apply to the department for renewal of the variance or for a variance from the water quality standard that would be used to derive the water quality based effluent limitation.

SB27, s. 2934 Section 2934. 283.15 (2) (b) 1. of the statutes is renumbered 283.15 (2) (b) and amended to read:

SB27,1088,13 283.15 (2) (b) The department shall specify by rule the information to be included in the an application. The permittee shall submit an application for a variance within 60 days after the department issues, reissues or modifies the permit under this subsection.

SB27, s. 2935 Section 2935. 283.15 (2) (b) 2. of the statutes is repealed.

SB27, s. 2936 Section 2936. 283.15 (2) (b) 3. of the statutes is repealed.

SB27, s. 2937 Section 2937. 283.15 (2) (c) of the statutes is amended to read:

SB27,1088,21 283.15 (2) (c) The department may request additional information from the permittee within 30 days after receiving either the an application under par. (b) 1. or the information under par. (b) 2. (am) 1. The permittee shall provide the additional information within 30 days after receipt of the department's request. An application is not complete until the additional information is provided to the department.

SB27, s. 2938 Section 2938. 283.15 (2) (e) of the statutes is repealed.

SB27, s. 2939 Section 2939. 283.15 (3) of the statutes is renumbered 283.15 (3) (b) and amended to read:

SB27,1089,9 283.15 (3) (b) The secretary shall issue a tentative decision on the an application for a variance under sub. (2) (am) 1. within 120 days after receipt of a completed application. The department shall circulate the tentative decision to the permittee and to the parties in s. 283.53 (2) (c). If the tentative decision is to grant a variance based upon one or more of the conditions specified in sub. (4) (a) 1. a. to e., the department shall include in the notice under this subsection paragraph a statement on the effect of the variance, if granted, on the designated use of the water body during the term of the underlying permit. The department shall provide a 30-day period for written comments on the tentative decision.

SB27, s. 2940 Section 2940. 283.15 (3) (a) of the statutes is created to read:

SB27,1089,13 283.15 (3) (a) The secretary shall issue a tentative decision on an application for a variance under sub. (2) (a) in the notice under s. 283.39 for the reissuance of the permit.

SB27, s. 2941 Section 2941. 283.15 (4) (a) 1. (intro.) of the statutes is amended to read:

SB27,1089,19 283.15 (4) (a) 1. (intro.) Within 90 days after expiration of the comment period under sub. (3), the The secretary shall approve all or part of a requested variance, or modify and approve a requested variance if the permittee demonstrates, by the greater weight of the credible evidence, that attaining the water quality standard is not feasible because:

SB27, s. 2942 Section 2942. 283.15 (4) (a) 2. of the statutes is amended to read:

SB27,1089,23 283.15 (4) (a) 2. Within 90 days after the expiration of the comment period under sub. (3), the The secretary shall deny a requested variance if the permittee fails to make the demonstration required under subd. 1.

SB27, s. 2943 Section 2943. 283.15 (4) (a) 3. of the statutes is repealed.

SB27, s. 2944 Section 2944. 283.15 (4) (b) of the statutes is repealed.