Amendment ASA1-AB75

AB75-ASA1,1388,2 281.60 (8) (a) The department shall establish a funding list for each fiscal year that ranks projects of eligible applicants that submit approvable applications under sub. (5) in the same order that they appear on the priority list under sub. (6). If sufficient funds are not available to fund all approved applications for financial assistance, the department of administration shall allocate funding to projects that are approved under sub. (7) in the order that they appear on the funding list, except as follows: 1. The that the department of administration may not allocate more than 40% of the funds allocated in each fiscal year to projects to remedy contamination at landfills.

AB75-ASA1, s. 2589 Section 2589. 281.60 (8) (a) 2. of the statutes is repealed.

AB75-ASA1, s. 2607 Section 2607. 281.65 (4e) (a) of the statutes is amended to read:

AB75-ASA1,1388,8 281.65 (4e) (a) A governmental unit may request funding under this subsection for a project to implement best management practices for animal waste management at an animal feeding operation for which the department has issued a notice of discharge under ch. 283 or a notice of intent to issue a notice of discharge.

AB75-ASA1, s. 2608 Section 2608. 281.65 (4e) (b) of the statutes is amended to read:

AB75-ASA1,1388,12 281.65 (4e) (b) The department may grant a request under par. (a) if it determines that providing funding under this subsection is necessary to protect fish and aquatic life the waters of the state.

AB75-ASA1, s. 2609 Section 2609. 281.65 (4e) (bm) of the statutes is created to read:

AB75-ASA1,1388,20 281.65 (4e) (bm) The department may provide a cost-sharing grant under this subsection directly to a landowner, or to an operator of an animal feeding operation, for a project to implement best management practices for animal waste management at an animal feeding operation for which the department has issued a notice of discharge under ch. 283 or a notice of intent to issue a notice of discharge if the department determines that providing funding under this subsection is necessary to protect the waters of the state.

AB75-ASA1, s. 2611 Section 2611. 281.65 (5) (b) of the statutes is amended to read:

AB75-ASA1,1389,6 281.65 (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-ASA1, s. 2612 Section 2612. 281.65 (5) (d) of the statutes is amended to read:

AB75-ASA1,1389,11 281.65 (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-ASA1, s. 2613 Section 2613. 281.65 (5) (e) of the statutes is amended to read:

AB75-ASA1,1389,14 281.65 (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-ASA1, s. 2620 Section 2620. 281.65 (8) (f) of the statutes is amended to read:

AB75-ASA1,1389,22 281.65 (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-ASA1, s. 2621 Section 2621. 281.65 (8) (gm) of the statutes is amended to read:

AB75-ASA1,1390,5 281.65 (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-ASA1, s. 2622 Section 2622. 281.65 (8) (jm) of the statutes is repealed.

AB75-ASA1, s. 2624 Section 2624. 281.68 (title) of the statutes is amended to read:

AB75-ASA1,1390,9 281.68 (title) Lake management planning grants and lake monitoring contracts.

AB75-ASA1, s. 2625 Section 2625. 281.68 (2) (b) of the statutes is amended to read:

AB75-ASA1,1390,13 281.68 (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-ASA1, s. 2626 Section 2626. 281.68 (3) (bg) of the statutes is amended to read:

AB75-ASA1,1390,19 281.68 (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-ASA1, s. 2627 Section 2627. 281.75 (4) (b) 3. of the statutes is amended to read:

AB75-ASA1,1390,22 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231, 233, 234, or 237.

AB75-ASA1, s. 2628 Section 2628. 281.87 of the statutes is amended to read:

AB75-ASA1,1391,5 281.87 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-ASA1, s. 2628t Section 2628t. 283.31 (8) of the statutes is created to read:

AB75-ASA1,1391,9 283.31 (8) (a) A person who applies for an initial permit under this section or for reissuance of a permit under this section for a concentrated animal feeding operation shall pay to the department an application fee of $1,200.

AB75-ASA1,1391,12 (b) 1. The holder of a permit under this section for a concentrated animal feeding operation shall annually pay to the department a fee of $345 or such other amount provided in the rule promulgated under subd. 2.

AB75-ASA1,1391,17 2. The department shall promulgate a rule establishing annual fees to be paid by holders of permits under this section for concentrated animal feeding operations. The department shall base the amount of the fee on the number of animal units, as defined by the department by rule, kept at the concentrated animal feeding operation.

AB75-ASA1, s. 2629 Section 2629. 283.35 (1m) of the statutes is created to read:

AB75-ASA1,1391,22 283.35 (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. A general permit issued under this subsection may contain effluent limitations.

AB75-ASA1,1391,24 (b) If the department issues a general permit under par. (a), the department shall charge the following fees:

AB75-ASA1,1392,2 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-ASA1,1392,4 2. An annual fee of $345 to be paid upon initial coverage under the permit and annually thereafter.

AB75-ASA1,1392,5 (c) Paragraph (b) does not apply after June 30, 2013.

AB75-ASA1,1392,11 (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 administering and enforcing this subsection. The department shall charge the fees established by rule under this paragraph beginning on July 1, 2013.

AB75-ASA1,1392,14 (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-ASA1,1392,16 (f) The department shall credit the fees collected under this subsection to the appropriation account under s. 20.370 (4) (aj).

AB75-ASA1, s. 2632 Section 2632. 285.59 (1) (b) of the statutes is amended to read:

AB75-ASA1,1393,2 285.59 (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-ASA1, s. 2633 Section 2633. 285.66 (2) (c) of the statutes is created to read:

AB75-ASA1,1393,6 285.66 (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-ASA1,1393,8 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-ASA1,1393,9 2. The operation permit is not a registration permit or a general permit.

AB75-ASA1, s. 2634 Section 2634. 285.69 (1) (a) 3. of the statutes is repealed.

AB75-ASA1, s. 2635 Section 2635. 285.69 (1g) of the statutes is repealed.

AB75-ASA1, s. 2636 Section 2636. 285.69 (2) (title) of the statutes is amended to read:

AB75-ASA1,1393,14 285.69 (2) (title) Fees for persons required to have federal operation permits.

AB75-ASA1, s. 2637 Section 2637. 285.69 (2) (a) (intro.) of the statutes is amended to read:

AB75-ASA1,1393,19 285.69 (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-ASA1, s. 2638 Section 2638. 285.69 (2) (c) (intro.) of the statutes is amended to read:

AB75-ASA1,1393,24 285.69 (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-ASA1, s. 2639 Section 2639. 285.69 (2) (f) of the statutes is repealed.

AB75-ASA1, s. 2640 Section 2640. 285.69 (2) (g) of the statutes is repealed.

AB75-ASA1, s. 2641 Section 2641. 285.69 (2) (h) of the statutes is repealed.

AB75-ASA1, 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-ASA1,1394,10 285.69 (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-ASA1, s. 2643 Section 2643. 285.69 (2m) of the statutes is created to read:

AB75-ASA1,1394,15 285.69 (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 $300 per year, except as provided in par. (b).

AB75-ASA1,1394,21 (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 $4,100 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-ASA1, s. 2644 Section 2644. 285.69 (3) (a) of the statutes is amended to read:

AB75-ASA1,1395,10 285.69 (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-ASA1, s. 2645 Section 2645. 285.69 (3) (b) of the statutes is renumbered 285.69 (3) (b) (intro.) and amended to read:

AB75-ASA1,1395,14 285.69 (3) (b) (intro.) In addition to the fees under par. (a), the department may charge the costs all of the following:

AB75-ASA1,1395,16 1. The costs it incurs for laboratory testing for a nonresidential asbestos demolition and renovation project.

AB75-ASA1, s. 2646 Section 2646. 285.69 (3) (b) 2. of the statutes is created to read:

AB75-ASA1,1395,20 285.69 (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-ASA1, s. 2647 Section 2647. 285.69 (3) (b) 3. of the statutes is created to read:

AB75-ASA1,1395,24 285.69 (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-ASA1, s. 2648 Section 2648. 285.69 (3) (b) 4. of the statutes is created to read:

AB75-ASA1,1396,4 285.69 (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-ASA1, s. 2648g Section 2648g. 285.76 (2) (a) of the statutes is amended to read:

AB75-ASA1,1396,12 285.76 (2) (a) Publish a class 1 notice, under ch. 985, of the proposed redesignation and request for consultation with the state in a newspaper of general circulation in the area that would be affected by the redesignation, as determined using standards established by the federal environmental protection agency, and in the official state newspaper publish the notice on the department's Web site for a reasonable period of time, and provide a written statement concerning the proposed redesignation to those newspapers.

AB75-ASA1, s. 2655g Section 2655g. 289.25 (3) of the statutes is amended to read:

AB75-ASA1,1397,4 289.25 (3) Notification on feasibility report and preliminary environmental impact statement decisions. Immediately after the department issues a preliminary determination that an environmental impact statement is not required or, if it is required, immediately after the department issues the environmental impact statement, the department shall publish a class 1 notice under ch. 985 in the official newspaper designated under s. 985.04 or 985.05 on the department's Web site for a reasonable period of time, which includes the date on which the notice is first published or, if none exists, in a newspaper likely to give notice in the area of the proposed facility. The notice shall include a statement that the feasibility report and the environmental impact statement process are complete. The notice shall invite the submission of written comments by any person within 30 days after the date that the notice for a solid waste disposal facility is first published or within 45 days after the date that the notice for a hazardous waste facility is first published. The notice shall describe the methods by which a hearing may be requested under ss. 289.26 (1) and 289.27 (1). The department shall distribute copies of the notice to the persons specified under s. 289.32.

AB75-ASA1, s. 2656 Section 2656. 289.33 (3) (d) of the statutes is amended to read:

AB75-ASA1,1397,23 289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (6), (7), (8), (10) and (11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30, 91.73, 196.58, 200.11 (8), 236.45, 281.43 or 349.16 or, subch. VIII of ch. 60, or subch III of ch. 91.

AB75-ASA1, s. 2656g Section 2656g. 289.41 (1m) (g) 1. of the statutes is amended to read:

AB75-ASA1,1398,25 289.41 (1m) (g) 1. The owner of an approved mining facility may apply, at any time at least 40 years after the closing of the facility, to the department for termination of the owner's obligation to maintain proof of financial responsibility for long-term care of the facility. Upon receipt of an application under this subdivision, the department shall publish a class 1 notice under ch. 985 in the official newspaper designated under s. 985.04 or 985.05 on the department's Web site for a reasonable period of time, which includes the date on which the notice is first published or, if none exists, in a newspaper likely to give notice in the area of the facility. The notice shall include a statement that the owner has applied to terminate the owner's obligation to maintain proof of financial responsibility for the long-term care of the facility. The notice shall invite the submission of written comments by any person within 30 days after the notice is first published. The notice shall describe the methods by which a hearing may be requested under subds. 2. and 3. The department shall distribute a copy of the notice to the owner of the facility. In any hearing on the matter, the burden is on the owner to prove by a preponderance of the evidence that continuation of the requirement to provide proof of financial responsibility for long-term care is not necessary for adequate protection of human health or the environment. Within 120 days after the publication of the notice or within 60 days after any hearing is adjourned, whichever is later, the department shall determine whether proof of financial responsibility for long-term care of the facility continues to be required. A determination that proof of financial responsibility for long-term care is no longer required terminates the owner's obligation to maintain proof of financial responsibility for long-term care. The owner may not submit another application under this subdivision until at least 5 years after the previous application has been rejected by the department.

AB75-ASA1, s. 2657 Section 2657. 289.645 (3) of the statutes is amended to read:

AB75-ASA1,1399,3 289.645 (3) Amount of recycling fee. The fee imposed under this section is $4 $7 per ton for all solid waste other than high-volume industrial waste.

AB75-ASA1, s. 2658 Section 2658. 289.67 (1) (cp) of the statutes is amended to read:

AB75-ASA1,1399,9 289.67 (1) (cp) Amount of environmental repair fee. Notwithstanding par. (cm) and except as provided under par. (d), the environmental repair fee imposed under par. (a) is 50 cents $1.60 per ton for solid or hazardous waste, other than high-volume industrial waste, disposed of before November 1, 2007 July 1, 2009, and $1.60 $5.70 per ton disposed of on or after November 1, 2007 July 1, 2009.

AB75-ASA1, s. 2659 Section 2659. 289.67 (2) (b) 1. of the statutes is amended to read:

AB75-ASA1,1399,15 289.67 (2) (b) 1. A generator of hazardous waste shall pay a base fee of $210 $470, if the generator is a large quantity generator, or $350, if the generator is a small quantity generator if the generator has generated more than zero pounds in that particular year, plus $20 per ton of hazardous waste generated during the reporting year.