AB 442

Current state law requires the Department of Natural Resources (DNR) to

establish a continuing water quality management planning process that results in

areawide water quality management plans for all areas of the state. The plans must

include the elements required by federal law. Under DNR's rules, an areawide water

quality management plan for an urban area must identify sewer service areas for a

20-year planning period.

Under the rules, for some areas, DNR reviews and approves water quality

management plans developed by designated local or regional agencies. DNR adopts

plans for other areas, but the rules specify that preparation of plans for those areas

will be carried out by local or regional planning agencies under contract with DNR,

if possible.

The 2015-17 biennial budget act (Act 55) made changes to the law to require

DNR to approve or reject proposed revisions to the areawide water quality

management plan for Dane County. Act 55 requires DNR to base its decision on

whether the proposed revision complies with water quality standards and requires

DNR to make its decision within 90 days after a formal application for the revision

is submitted. Under Act 55, if DNR does not approve or reject a proposed revision

to the areawide water quality management plan for Dane County within 90 days, the

proposed revision is automatically approved on the 120th day, unless before that day

DNR petitions the circuit court for an order extending the time for DNR to act on the

revision. The court may grant an extension for a period it determines to be

reasonable.

Act 55 authorizes DNR to contract with a regional planning commission or

other entity, except Dane County or any of its subunits, including the Dane County

Lakes and Watershed Commission, to provide advisory services relating to the

review of proposed revisions to the areawide water quality management plan for

Dane County, but specifies that DNR may not delegate its authority to approve or

reject revisions. Act 55 also provides that Dane County and any of its subunits,

including the Dane County Lakes and Watershed Commission, may not be

designated to develop the areawide water quality management plan for Dane

County.

This bill eliminates these changes to the law made under Act 55 with regard to

water quality management for Dane County.