Amendment AA12-SB70

SB70-AA12,69,6 (7) Matching funds. The department may not distribute a grant under this section unless the applicant contributes matching funds equal to at least 20 percent of the amount of the grant. Matching funds may be in the form of cash, in-kind contributions, or both.

SB70-AA12,9132 Section 9132. Nonstatutory provisions; Natural Resources

SB70-AA12,69,17 (1) Emergency rules for PFAS municipal grant program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules relating to the municipal grant program under s. 292.67. 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., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.”.

SB70-AA12,69,18 118. Page 374, line 11: after that line insert:

SB70-AA12,69,19 “ Section 119. 20.370 (4) (ps) of the statutes is amended to read:

SB70-AA12,69,24 20.370 (4) (ps) Fire PFAS-containing fire fighting foam. As a continuing appropriation, from the environmental fund, the amounts in the schedule for fire fighting foam collection and for providing assistance to local fire departments in replacing fire fighting foam that contains perfluoroalkyl or polyfluoroalkyl substances with fire fighting foam that does not contain such substances.” .

SB70-AA12,70,1 119. Page 374, line 11: after that line insert:

SB70-AA12,70,2 “ Section 120. 20.866 (2) (ti) of the statutes is amended to read:

SB70-AA12,70,9 20.866 (2) (ti) Natural resources; contaminated sediment removal. From the capital improvement fund, a sum sufficient for the department of natural resources to fund removal of contaminated sediment under s. 281.87. The state may contract public debt in an amount not to exceed $32,000,000 $55,000,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose.”.

SB70-AA12,70,10 120. Page 374, line 11: after that line insert:

SB70-AA12,70,12 “ Section 121. 281.75 (1) (b) (intro.), 1., 2. and 3. of the statutes are amended to read:

SB70-AA12,70,14 281.75 (1) (b) (intro.) “Contaminated well" or “contaminated private water supply" means a well or private water supply which that does any of the following:

SB70-AA12,70,17 1. Produces water containing one or more substances of public health concern in excess of a primary maximum contaminant level promulgated in the national drinking water standards in 40 CFR 141 and 143;.

SB70-AA12,70,19 2. Produces water containing one or more substances of public health concern in excess of an enforcement standard under ch. 160; or.

SB70-AA12,70,23 3. Is subject to a written advisory opinion, issued by the department or the department of health services, containing a specific descriptive reference to the well or private water supply and recommending that the well or private water supply not be used because of potential human health risks.

SB70-AA12,122 Section 122. 281.75 (1) (b) 4. of the statutes is created to read:

SB70-AA12,71,2 281.75 (1) (b) 4. Produces water containing at least 10 parts per billion of arsenic or at least 10 parts per million of nitrate nitrogen.

SB70-AA12,123 Section 123. 281.75 (1) (b) 5. of the statutes is created to read:

SB70-AA12,71,8 281.75 (1) (b) 5. Produces water containing levels of a perfluoroalkyl or polyfluoroalkyl substance in excess of the maximum level set out in any applicable federal or state health advisory for that substance, if no primary maximum contaminant level under 40 CFR 141 and 143 or enforcement standard under ch. 160 for that substance has been promulgated.

SB70-AA12,124 Section 124. 281.75 (1) (f) of the statutes is amended to read:

SB70-AA12,71,11 281.75 (1) (f) “Private water supply" means a residential water supply or, a livestock water supply, or a transient noncommunity water supply.

SB70-AA12,125 Section 125. 281.75 (1) (gm) of the statutes is created to read:

SB70-AA12,71,18 281.75 (1) (gm) “Transient noncommunity water supply” means a water system that serves at least 25 persons at least 60 days of the year but does not regularly serve at least 25 of the same persons over 6 months per year. “Transient noncommunity water supply” does not include a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

SB70-AA12,126 Section 126. 281.75 (4m) (a) of the statutes is amended to read:

SB70-AA12,71,23 281.75 (4m) (a) In order to be eligible for an award under this section, the annual family income of the landowner or lessee of property on which is located a contaminated water supply or a well subject to abandonment may not exceed $65,000 $100,000.

SB70-AA12,127 Section 127. 281.75 (5) (f) of the statutes is amended to read:

SB70-AA12,72,6 281.75 (5) (f) The Except as provided in par. (g), the department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.

SB70-AA12,128 Section 128. 281.75 (5) (g) of the statutes is created to read:

SB70-AA12,72,10 281.75 (5) (g) If the appropriations under s. 20.370 (6) (cf) or (cr) are insufficient to pay claims, the department may, for claims based on nitrate levels, allocate money for the payment of those claims in the following order of priority:

SB70-AA12,72,12 1. Claims based on water containing more than 40 parts per million of nitrate nitrogen.

SB70-AA12,72,14 2. Claims based on water containing more than 30 but not more than 40 parts per million of nitrate nitrogen.

SB70-AA12,72,16 3. Claims based on water containing more than 25 but not more than 30 parts per million of nitrate nitrogen.

SB70-AA12,72,18 4. Claims based on water containing more than 20 but not more than 25 parts per million of nitrate nitrogen.

SB70-AA12,72,20 5. Claims based on water containing more than 10 but not more than 20 parts per million of nitrate nitrogen.

SB70-AA12,129 Section 129. 281.75 (6) (a) of the statutes is amended to read:

SB70-AA12,72,25 281.75 (6) (a) Contamination of a private water supply, as defined under sub. (1) (b) 1. or, 2., 4., or 5. is required to be established by analysis of at least 2 samples of water, taken at least 2 weeks apart, in a manner which assures the validity of the test results. The samples shall be tested by a laboratory certified under s. 299.11.

SB70-AA12,130 Section 130. 281.75 (7) (a) of the statutes is amended to read:

SB70-AA12,73,7 281.75 (7) (a) If the department finds that the claimant meets all the requirements of this section and rules promulgated under this section and that the private water supply is contaminated or that the well is a well subject to abandonment, the department shall issue an award. The Except as provided under par. (am), the award may not pay more than 75 percent of the eligible costs. The award may not pay any portion of eligible costs in excess of $16,000.

SB70-AA12,131 Section 131. 281.75 (7) (am) of the statutes is created to read:

SB70-AA12,73,11 281.75 (7) (am) An award under this subsection may pay up to 100 percent of the eligible costs if the annual family income of the claimant is below the median family income for the state, as determined by U.S. bureau of the census.

SB70-AA12,132 Section 132. 281.75 (7) (b) of the statutes is repealed.

SB70-AA12,133 Section 133. 281.75 (9) of the statutes is repealed.”.

SB70-AA12,73,14 121. Page 374, line 11: after that line insert:

SB70-AA12,73,15 “ Section 134. 20.866 (2) (th) of the statutes is amended to read:

SB70-AA12,74,2 20.866 (2) (th) Natural resources; urban nonpoint source cost-sharing. From the capital improvement fund, a sum sufficient for the department of natural resources to provide cost-sharing grants for urban nonpoint source water pollution abatement and storm water management projects under s. 281.66, to provide municipal flood control and riparian restoration cost-sharing grants under s. 281.665, and to make the grant under 2007 Wisconsin Act 20, section 9135 (1i). The state may contract public debt in an amount not to exceed $53,600,000 $72,600,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose. Of those amounts, $500,000 is allocated in fiscal biennium 2001-03 for dam rehabilitation grants under s. 31.387.”.

SB70-AA12,74,3 122. Page 374, line 11: after that line insert:

SB70-AA12,74,4 “ Section 135. 20.866 (2) (tf) of the statutes is amended to read:

SB70-AA12,74,11 20.866 (2) (tf) Natural resources; nonpoint source. From the capital improvement fund, a sum sufficient for the department of natural resources to fund nonpoint source water pollution abatement projects under s. 281.65 (4c) and (4e). The state may contract public debt in an amount not to exceed $44,050,000 $67,050,000 for this purpose. The state may contract additional public debt in an amount up to $6,500,000 for this purpose. The state may contract additional public debt in an amount up to $6,500,000 for this purpose.”.

SB70-AA12,74,12 123. Page 374, line 11: after that line insert:

SB70-AA12,74,14 “ Section 136. 196.372 (3) (e) 2. (intro.) and b. of the statutes are consolidated, renumbered 196.372 (3) (e) 2. and amended to read:

SB70-AA12,74,17 196.372 (3) (e) 2. The commission may not approve an application under subd. 1. unless the application satisfies all of the following conditions: b. Any states that any loan provided may not be forgiven by the water public utility or the municipality.

SB70-AA12,137 Section 137. 196.372 (3) (e) 2. a. of the statutes is repealed.”.

SB70-AA12,74,19 124. Page 374, line 11: after that line insert:

SB70-AA12,74,20 “ Section 138. 196.31 (2r) of the statutes is created to read:

SB70-AA12,74,23 196.31 (2r) From the appropriation under s. 20.155 (1) (j), the commission shall reserve $50,000 annually to compensate equity-focused participants who review economic and environmental issues affecting low-income populations.”.

SB70-AA12,74,24 125. Page 374, line 11: after that line insert:

SB70-AA12,75,1 “ Section 139. 196.745 (2) (a) of the statutes is amended to read:

SB70-AA12,75,8 196.745 (2) (a) Any person violating sub. (1) (a), or any order or rule issued under sub. (1) (a), shall forfeit an amount not exceeding $25,000 $200,000. Each day of violation is a separate violation of sub. (1) (a). No person may forfeit an amount exceeding $500,000 $2,000,000 for a single persisting violation of sub. (1) (a) or any order or any rule issued under sub. (1) (a). The commission shall remit all forfeitures paid under this paragraph to the secretary of administration for deposit in the school fund.”.

SB70-AA12,75,9 126. Page 374, line 11: after that line insert:

SB70-AA12,75,10 “ Section 140. 196.491 (2) (title) of the statutes is amended to read:

SB70-AA12,75,12 196.491 (2) (title) Strategic energy assessment and integrated resource plans.

SB70-AA12,141 Section 141. 196.491 (2) (a) 3s. of the statutes is created to read:

SB70-AA12,75,15 196.491 (2) (a) 3s. Review the integrated resource plans submitted by electric utilities under par. (h) to help inform the strategic energy assessment.

SB70-AA12,142 Section 142. 196.491 (2) (h) of the statutes is created to read:

SB70-AA12,76,7 196.491 (2) (h) 1. Each electric utility shall prepare and file an integrated resource plan with the commission. The commission shall by order establish integrated resource plan content and filing requirements, including filing deadlines. An integrated resource plan shall include a set of resource options that an electric utility could use to meet the service needs of its customers over the next 5-year, 10-years, and 15-year periods, including an explanation of the supply-and-demand circumstances under which, and the extent to which, each resource option would be used to meet those service needs. Resource options that could be used to meet service needs include using, refurbishing, and constructing electric generating plants and equipment; buying electricity generated by other entities; controlling customer loads; and implementing customer energy conservation. The commission shall approve, reject, or modify an electric utility's integrated resource plan consistent with the public interest. The commission's acceptance of an integrated resource plan under this paragraph does not constitute issuance of a certificate under s. 196.49 or issuance of a certificate of public convenience and necessity under s. 196.491 (3).

SB70-AA12,76,9 2. An integrated resource plan under this paragraph shall include all of the following:

SB70-AA12,76,11 a. A long-term forecast of the electric utility's sales and peak demand under various reasonable scenarios.

SB70-AA12,76,14 b. Details regarding the amount of peak demand reduction the electric utility expects to achieve and the electric utility's proposals for achieving the reduction in peak demand, including through load management and demand response.

SB70-AA12,76,18 c. If the plan identifies constructing a generation facility as a resource option, the type of generation technology proposed for the generation facility, the proposed capacity of the generation facility, and the projected fuel costs for the proposed generation facility under various reasonable scenarios.

SB70-AA12,76,23 d. Projected electricity purchased or produced by the electric utility that is generated from a renewable energy resource. If the electricity utility projects the total level of electricity purchased or produced from a renewable energy resource to decrease over the periods described in subd. 1. a., the electric utility shall explain why the decrease is in the best interests of ratepayers.

SB70-AA12,77,2 e. Details regarding the impacts of energy efficiency programs on the electric utility's electricity sales and peak demand under various reasonable scenarios, including the total amount of customer energy savings and the associated costs of the energy efficiency programs.

SB70-AA12,77,4 f. Projected energy and capacity purchased or produced by the electric utility from a cogeneration resource.

SB70-AA12,77,6 g. An analysis of potential new or upgraded electricity transmission options for the electric utility.

SB70-AA12,77,9 h. Data regarding the electric utility's current generation portfolio, including the age, capacity factor, licensing status, and estimated remaining operating time for each electric generating facility in the portfolio.

SB70-AA12,77,13 i. Plans for meeting current and future capacity needs, including cost estimates for any power purchase agreements, any proposed construction or major investments, and any transmission or distribution infrastructure necessary to support proposed construction or major investments.

SB70-AA12,77,16 j. An analysis of the cost, capacity factor, and viability of all reasonable options available to meet projected energy and capacity needs, including existing electric generating facilities in this state.

SB70-AA12,77,17 k. Projected total costs for each scenario reviewed.

SB70-AA12,77,20 L. If applicable, projected long-term natural gas transportation contracts or natural gas storage that the electric utility will hold to provide an adequate supply of natural gas to new electric generating facilities.

SB70-AA12,77,21 m. Any other information required by the commission by order.

SB70-AA12,77,22 3. This paragraph does not apply to cooperative associations.”.

SB70-AA12,77,23 127. Page 374, line 11: after that line insert:

SB70-AA12,77,24 “ Section 9236. Fiscal changes; Public Service Commission.

SB70-AA12,78,10 (1 ) Water utility training and data reporting. In the schedule under s. 20.005 (3) for the appropriation to the public service commission under s. 20.155 (1) (g), the dollar amount for fiscal year 2023-24 is increased by $773,400 to increase the authorized FTE positions for the public service commission by 2.0 PR positions, for supporting a water conservation training program for utilities serving greater than 3,300 residents and supporting modernization of water utility data reporting for use in oversight activities. In the schedule under s. 20.005 (3) for the appropriation to the public service commission under s. 20.155 (1) (g), the dollar amount for fiscal year 2024-25 is increased by $612,500 to provide funding for the positions authorized under this subsection.”.

SB70-AA12,78,11 128. Page 374, line 11: after that line insert:

SB70-AA12,78,12 “ Section 9236. Fiscal changes; Public Service Commission.

SB70-AA12,78,21 (1) Equity officer position. In the schedule under s. 20.005 (3) for the appropriation to the public service commission under s. 20.155 (1) (g), the dollar amount for fiscal year 2023-24 is increased by $35,900 to increase the authorized FTE positions for the public service commission by 0.5 PR positions, for collaborating with the chief equity officer in the department of administration to identify opportunities to advance equity in operations. In the schedule under s. 20.005 (3) for the appropriation to the public service commission under s. 20.155 (1) (g), the dollar amount for fiscal year 2024-25 is increased by $46,000 to provide funding for the positions authorized under this subsection.”.

SB70-AA12,78,22 129. Page 374, line 11: after that line insert:

SB70-AA12,78,23 “ Section 9236. Fiscal changes; Public Service Commission.

SB70-AA12,79,9 (1) Tribal liaison position. In the schedule under s. 20.005 (3) for the appropriation to the public service commission under s. 20.155 (1) (g), the dollar amount for fiscal year 2023-24 is increased by $60,800 to increase the authorized FTE positions for the public service commission by 1.0 PR position, for working with Native American tribes and bands and coordinating with the director of Native American affairs in the department of administration. In the schedule under s. 20.005 (3) for the appropriation to the public service commission under s. 20.155 (1) (g), the dollar amount for fiscal year 2024-25 is increased by $81,100 to provide funding for the position authorized under this subsection.”.