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SB169,4 8Section 4 . 281.36 (3r) (a) 1. of the statutes is renumbered 281.36 (3r) (a) 1. a.
9and amended to read:
SB169,3,1210 281.36 (3r) (a) 1. a. Purchasing Except as provided in subd. 1. b., purchasing
11credits from a mitigation bank located in this state the same compensation search
12area as the wetland impacted by the discharge
.
SB169,5 13Section 5 . 281.36 (3r) (a) 1. b., c. and d. of the statutes are created to read:
SB169,3,1814 281.36 (3r) (a) 1. b. Except as provided in subd. 1. c., if credits are not available
15to be purchased as provided under subd. 1. a., credits may be purchased from a
16mitigation bank within 50 miles of the wetland impacted by the discharge, as
17measured between the closest outer boundary of the impacted wetland and the
18closest outer boundary of the mitigation bank.
SB169,3,2119 c. Except as provided in subd. 1. d., if credits are not available to be purchased
20as provided under subd. 1. b., credits may be purchased from a mitigation bank in
21the same basin as the wetland impacted by the discharge.
SB169,3,2322 d. If credits are not available to be purchased as provided under subd. 1. c.,
23credits may be purchased from a mitigation bank anywhere in this state.
SB169,6 24Section 6 . 281.36 (3r) (am) of the statutes is amended to read:
SB169,4,5
1281.36 (3r) (am) For a discharge that is exempt from permitting requirements
2under sub. (4n) (b) or (c), any off-site mitigation, including any mitigation conducted
3by a mitigation bank or under the in lieu fee subprogram, shall be completed within
4the same compensation search area, as defined by the department by rule, as the
5discharge.
SB169,7 6Section 7 . 281.36 (3t) (g) of the statutes is created to read:
SB169,4,87 281.36 (3t) (g) Financial assurance requirements for the construction of
8mitigation projects by mitigation banks.
SB169,8 9Section 8 . 281.36 (3w) of the statutes is created to read:
SB169,4,1010 281.36 (3w) Release of credits. (a) In this subsection:
SB169,4,1311 1. “Applicant” means the applicant for a wetland individual permit for which
12wetland mitigation is required under sub. (3n) (d) or the proponent of a wetland
13mitigation project required under sub. (3n) (d).
SB169,4,1614 2. “Bank document" means a document that contains specifications pertaining
15to the establishment, operation, and maintenance of a mitigation bank and any other
16items required by the department by rule.
SB169,4,1817 3. “Bank sponsor" means any public or private entity financially responsible
18for establishing or operating a mitigation bank.
SB169,4,2119 4. “Compensation site plan" means a comprehensive document prepared by an
20applicant or bank sponsor that provides a thorough description of a proposed wetland
21mitigation project.
SB169,4,2522 5. “Developing mitigation bank” means a mitigation bank that has not
23completed its mitigation project and that has not yet been established under an
24agreement between the bank sponsor and the department or otherwise approved by
25the department.
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16. “Estimated credits” means the total number of credits that a developing
2mitigation bank estimates it will have once its mitigation project is constructed.
SB169,5,63 (b) A developing mitigation bank may sell its estimated credits under the
4mitigation program under sub. (3r) only if the mitigation bank has met the financial
5assurance requirements established by the department under sub. (3t) (g) and only
6in accordance with the following schedule:
SB169,5,87 1. No more than 20 percent of the estimated credits after the department
8approves and executes the bank document.
SB169,5,119 2. No more than 65 percent of the estimated credits after the department issues
10a letter of compliance stating that construction and all corrective actions are
11complete.
SB169,5,1412 3. No more than 85 percent of the estimated credits after the department
13approves a monitoring report for the mitigation bank or after 2 years have passed
14after construction of the mitigation project is completed, whichever is later.
SB169,5,1715 4. One hundred percent of the estimated credits after the department approves
16the final monitoring report for the mitigation bank and determines that all
17performance standards identified in the compensation site plan are met.
SB169,5,2418 (c) After the department approves and executes a mitigation bank document
19establishing the specifications for a developing mitigation bank, the sponsor of the
20bank may not change the mitigation bank document without the approval of the
21department. After the sponsor of a developing mitigation bank submits to the
22department a proposed change to the mitigation bank document for review, the
23mitigation bank may not sell any estimated credits under par. (b) until all of the
24following occur:
SB169,5,2525 1. The department approves the change to the mitigation bank document.
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12. The mitigation bank sponsor and the department adjust the estimated
2credits and make any necessary adjustments to the credit release schedule under
3par. (b), if the department believes these adjustments are necessary based on the
4change to the mitigation bank document.
SB169,9 5Section 9 . Nonstatutory provisions.
SB169,6,126 (1) Using the procedure under s. 227.24, the department of natural resources
7may promulgate the rules necessary to implement s. 281.36 (3t) (g) as emergency
8rules. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of natural
9resources is not required to provide evidence that promulgating a rule under this
10subsection as an emergency rule is necessary for the preservation of the public peace,
11health, safety, or welfare and is not required to provide a finding of emergency for a
12rule promulgated under this subsection.
SB169,6,1813 (2) Notwithstanding s. 227.135 (2), the department of natural resources is not
14required to present the statement of scope of the rules necessary to implement s.
15281.36 (3t) (g) to the department of administration for review by the department of
16administration and approval by the governor. Notwithstanding s. 227.135 (2), the
17department of natural resources is not required to present the statement of scope,
18as provided in s. 227.135 (2), to the natural resources board for approval.
SB169,10 19Section 10 . Effective date.
SB169,6,2020 (1) This act takes effect on the 90th day after the day of publication.
SB169,6,2121 (End)
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