2011 WISCONSIN ACT
151
An Act
to repeal
283.84 (1m) (c), 283.84 (2) and (3) and 283.84 (5);
to amend
20.370 (4) (ag), 20.370 (4) (as), 283.84 (1), 283.84 (1m) (intro.), (a) and (b), 283.84 (3m) and 283.84 (4); and
to create
283.84 (1) (d), 283.84 (1) (e), 283.84 (1m) (d), 283.84 (3r) and 283.84 (6) of the statutes;
relating to:
trading of water pollution credits, granting rule-making authority, and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
20.370 (4) (ag) of the statutes is amended to read:
20.370
(4)
(ag)
Water resources — pollution credits.
From the general fund, all moneys received under s. 283.84 (1) (c) for activities to reduce water pollution
in pilot project areas
, as provided in agreements under s. 283.84 (1) (c)
.
Section
2
.
20.370 (4) (as) of the statutes is amended to read:
20.370
(4)
(as)
Water resources — trading water pollution credits.
As a continuing appropriation, from the environmental fund, the amounts in the schedule for
the
water pollution credit trading
pilot projects
program
under s. 283.84.
Section
3
.
283.84 (1) of the statutes is amended to read:
283.84
(1)
The department shall administer
at least one pilot project to evaluate
a program for
the trading of water pollution credits
. The department may only administer a pilot project if the pilot project
that
is consistent with the federal Water Pollution Control Act,
33 USC 1251
to
1387
. Subject to sub. (1m),
a pilot project
under the program the department
may authorize a person required to obtain a permit to increase the discharge of pollutants above levels that would otherwise be authorized in the permit if the person does one of the following:
(a) Reaches
an
a binding, written
agreement with another person who is required to obtain a permit under which the other person agrees to reduce the discharge of pollutants
in the project area
below the levels that would otherwise be authorized in the other person's permit.
(b) Reaches
an
a binding, written
agreement with another person who is not required to obtain a permit under which the other person agrees to reduce the amount of water pollution that it causes
in the project area
below the levels of water pollution that it causes
in the project area
when the agreement is reached.
(c) Reaches
an
a binding, written
agreement with the department or a local governmental unit, as defined in s. 16.97 (7), under which the person pays money to the department or local governmental unit and the department or local governmental unit uses the money to reduce water pollution
in the project area
or to provide cost-sharing, for the purposes of s. 281.16 (3) (e) or (4), for projects to reduce water pollution
.
Section
4
.
283.84 (1) (d) of the statutes is created to read:
283.84
(1)
(d) Reaches a binding, written agreement with the department under which the person reduces the discharge of pollutants under another permit that the person holds below the levels that would otherwise be authorized in the other permit.
Section
5
.
283.84 (1) (e) of the statutes is created to read:
283.84
(1)
(e) Reaches a binding, written agreement with the department under which the person constructs a project or implements a plan that results in reducing the amount of water pollution from sources other than the source covered by the permit.
Section
6
.
283.84 (1m) (intro.), (a) and (b) of the statutes are amended to read:
283.84
(1m)
(intro.)
A pilot project
Under the program, the department
may authorize a person to increase a discharge of pollutants above levels that would otherwise be authorized in the permit only if all of the following apply:
(a) The agreement under sub. (1)
(a), (b) or (c)
results in an improvement in water quality.
(b) The
authorized
increase in pollutants and the reduction in
pollution
pollutants
provided for in the agreement under sub. (1)
(a), (b) or (c)
involve the same pollutant or the same water quality standard.
Section
7
.
283.84 (1m) (c) of the statutes is repealed.
Section
8
.
283.84 (1m) (d) of the statutes is created to read:
283.84
(1m)
(d) The increase in pollutants and the reduction in pollutants occur within the same basin or portion of a basin, as determined by the department.
Section
9
.
283.84 (2) and (3) of the statutes are repealed.
Section
10
.
283.84 (3m) of the statutes is amended to read:
283.84
(3m)
A person engaged in mining, as defined in s. 293.01 (9), prospecting, as defined in s. 293.01 (18), or nonmetallic mining, as defined in s. 295.11 (3), may not enter into an agreement under sub. (1)
(a), (b) or (c)
.
Section
11
.
283.84 (3r) of the statutes is created to read:
283.84
(3r)
The department shall include terms and conditions related to agreements under sub. (1) in new and reissued permits.
Section
12
.
283.84 (4) of the statutes is amended to read:
283.84
(4)
The department shall
amend
modify
the permits of persons entering into agreements under sub. (1) to enable the agreements to be implemented
and to include terms and conditions related to the agreements
.
Section
13
.
283.84 (5) of the statutes is repealed.
Section
14
.
283.84 (6) of the statutes is created to read:
283.84
(6)
The department may promulgate rules for the administration of this section.
