SB70-SSA2-SA5,60,15 “ Section 104. 20.370 (4) (aj) of the statutes is amended to read:

SB70-SSA2-SA5,60,22 20.370 (4) (aj) Water resources— ballast water discharge permits commercial vessel arrival fees. From the general fund, all moneys received from fees collected under s. 283.35 (1m) to administer and enforce the ballast water discharge permit program under s. 283.35 (1m) and for grants under 2009 Wisconsin Act 28, section 9137 (3w) s. 299.65 for management, administration, inspection, monitoring, and enforcement activities relating to incidental discharges, including ballast water discharges.

SB70-SSA2-SA5,105 Section 105. 283.35 (1m) of the statutes is repealed.

SB70-SSA2-SA5,106 Section 106. 299.65 of the statutes is created to read:

SB70-SSA2-SA5,61,6 299.65 Commercial vessels subject to federal Vessel Incidental Discharge Act. (1) (a) Subject to pars. (b) and (c), the owner or operator of any commercial vessel subject to the requirements of the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) that has operated outside this state shall pay to the department, no later than 5 days prior to arriving in a port of this state, $650 per arrival to a port of this state.

SB70-SSA2-SA5,61,9 (b) The owner or operator of a commercial vessel engaged in coastwise trade that is subject to the requirements of 46 USC 55101 to 55103 may not be required to pay more than $3,250 in fees per calendar year under this subsection.

SB70-SSA2-SA5,61,13 (c) The owner or operator of a commercial vessel that is subject to the requirements of the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) may not be required to pay more than $3,250 in fees per calendar year under this subsection.

SB70-SSA2-SA5,61,18 (2) The department may adjust the amount of the fee under sub. (1) (a) once every 5 years to account for any changes in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor for the month of October immediately preceding the date of adjustment, as provided under 33 USC 1322 (p) (9) (A) (iv) (III) (aa).

SB70-SSA2-SA5,61,20 (3) The department shall credit all fees collected under sub. (1) (a) to the appropriation account under s. 20.370 (4) (aj).

SB70-SSA2-SA5,107 Section 107. 299.66 of the statutes is renumbered 299.66 (1).

SB70-SSA2-SA5,108 Section 108. 299.66 (2) of the statutes is created to read:

SB70-SSA2-SA5,62,2 299.66 (2) (a) The department may enter into a memorandum of agreement with the U.S. Coast Guard concerning implementation and enforcement of the provisions of 33 USC 1322 and any regulations promulgated by the secretary of the U.S. department of homeland security under 33 USC 1322 (p) (5).

SB70-SSA2-SA5,62,7 (b) If the department enters into a memorandum of agreement with the U.S. Coast Guard under par. (a), an employee or agent of the department may board and inspect any vessel that is subject to s. 299.65 to determine the state of compliance with the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) and any regulations promulgated thereunder.

SB70-SSA2-SA5,9132 Section 9132. Nonstatutory provisions; Natural Resources.

SB70-SSA2-SA5,62,14 (1) Notification of U.S. Coast Guard rules for vessel discharge. When the department of natural resources determines that the secretary of the U.S. department of homeland security has promulgated final, effective, and enforceable rules under 33 USC 1322 (p) (5), the department shall notify the legislative reference bureau. The legislative reference bureau shall publish a notice in the Wisconsin Administrative Register that specifies that date.

SB70-SSA2-SA5,9432 Section 9432. Effective dates; Natural Resources.

SB70-SSA2-SA5,62,20 (1) Commercial vessels subject to federal Vessel Incidental Discharge Act. The treatment of ss. 20.370 (4) (aj), 283.35 (1m), and 299.65, the renumbering of s. 299.66, and the creation of s. 299.66 (2) take effect on the date specified in the notice published in the Wisconsin Administrative Register under Section 9132 (1) of this act.”.

SB70-SSA2-SA5,62,21 113. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,62,22 “ Section 109. 283.90 of the statutes is created to read:

SB70-SSA2-SA5,63,13 283.90 Notification of violations. Whenever, on the basis of any information available to it, the department finds that a permit holder has violated any limitation in a permit that is based on a groundwater protection standard under ch. 160, the department shall notify the county health department and county land and conservation department in the county in which the permit holder is located and the county health department and county land and conservation department in any adjacent county that the department determines may be negatively affected as a result of the violation. The department shall provide this notice within 7 business days after confirming that a violation has occurred. The department shall create and maintain a notification system for notifying county health departments, county land and conservation departments, and interested parties of the violations described in this section. The department may establish, by rule, procedures for providing notice under this section. The notification system under this section shall ensure that county health departments and county land and conservation departments are notified at least 24 hours prior to notifying any other interested parties.

SB70-SSA2-SA5,9132 Section 9132. Nonstatutory provisions; Natural Resources.

SB70-SSA2-SA5,64,2 (1) Emergency rules for notification of water permit violations. The department of natural resources may use the procedure under s. 227.24, to promulgate rules under s. 283.90. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2025, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not required to prepare a statement of scope of the rules promulgated under this subsection and is not required to present the rules promulgated under this subsection to the governor for approval.

SB70-SSA2-SA5,9432 Section 9432. Effective dates; Natural Resources.

SB70-SSA2-SA5,64,5 (1) Notification of water permit violations. The treatment of s. 283.90 takes effect on the first day of the 7th month beginning after publication.”.

SB70-SSA2-SA5,64,6 114. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,64,7 “ Section 110. 283.31 (8) of the statutes is amended to read:

SB70-SSA2-SA5,64,15 283.31 (8) The holder of a permit under this section for a concentrated animal feeding operation shall annually pay to the department a fee of $345 $545, which shall be credited to the appropriation account under s. 20.370 (9) (ag). The department shall annually submit a report to the joint committee on finance and, under s. 13.172 (3), to the standing committees of the legislature with jurisdiction over agricultural and environmental matters describing the use of the moneys credited to the appropriation account under s. 20.370 (9) (ag) under this subsection and the use of the moneys appropriated under s. 20.370 (9) (ap).”.

SB70-SSA2-SA5,64,16 115. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,64,17 “ Section 111. 20.370 (9) (bj) of the statutes is amended to read: