AB40-ASA1, s. 2984t 13Section 2984t. 289.64 (4) (title) of the statutes is amended to read:
AB40-ASA1,1207,1514 289.64 (4) (title) Exemption from solid waste facility siting board fee; for
15certain materials
used in operation of the facility .
AB40-ASA1, s. 2984v 16Section 2984v. 289.64 (4) of the statutes is renumbered 289.64 (4) (a).
AB40-ASA1, s. 2984x 17Section 2984x. 289.64 (4) (b) of the statutes is created to read:
AB40-ASA1,1207,1918 289.64 (4) (b) 1. In this paragraph, "natural disaster" means a severe natural
19or human-caused flood or a severe tornado, heavy rain, or storm.
AB40-ASA1,1207,2220 2. Solid waste materials that are generated as the result of a natural disaster
21are not subject to the solid waste facility siting board fee imposed under sub. (1) if
22all of the following apply:
AB40-ASA1,1207,2323 a. The natural disaster resulted in a federal or state disaster declaration.
AB40-ASA1,1207,2524 b. The solid waste materials were generated within a municipality that was
25included in the federal or state disaster declaration.
AB40-ASA1,1208,2
1c. The solid waste materials were disposed of in the solid waste disposal facility
2within 60 days after the occurrence of the natural disaster.
AB40-ASA1,1208,53 d. The solid waste materials were removed as part of the disaster recovery
4effort and were segregated from other solid wastes when delivered to the solid waste
5disposal facility.
AB40-ASA1, s. 2984z 6Section 2984z. 289.645 (4) (f) of the statutes is created to read:
AB40-ASA1,1208,87 289.645 (4) (f) 1. In this paragraph, "natural disaster" means a severe natural
8or human-caused flood or a severe tornado, heavy rain, or storm.
AB40-ASA1,1208,109 2. Solid waste materials that are generated as the result of a natural disaster
10are not subject to the recycling fee imposed under sub. (1) if all of the following apply:
AB40-ASA1,1208,1111 a. The natural disaster resulted in a federal or state disaster declaration.
AB40-ASA1,1208,1312 b. The solid waste materials were generated within a municipality that was
13included in the federal or state disaster declaration.
AB40-ASA1,1208,1514 c. The solid waste materials were disposed of in the solid waste disposal facility
15within 60 days after the occurrence of the natural disaster.
AB40-ASA1,1208,1816 d. The solid waste materials were removed as part of the disaster recovery
17effort and were segregated from other solid wastes when delivered to the solid waste
18disposal facility.
AB40-ASA1, s. 2985b 19Section 2985b. 289.645 (6) of the statutes is amended to read:
AB40-ASA1,1208,2120 289.645 (6) Use of recycling fees. The fees collected under sub. (2) shall be
21deposited in the recycling and renewable energy environmental fund.
AB40-ASA1, s. 2985f 22Section 2985f. 289.67 (1) (a) of the statutes is amended to read:
AB40-ASA1,1209,823 289.67 (1) (a) Imposition of fee. Except as provided under par. pars. (f) and (fm),
24a generator of solid or hazardous waste shall pay an environmental repair fee for
25each ton or equivalent volume of solid or hazardous waste which is disposed of at a

1licensed solid or hazardous waste disposal facility. If a person arranges for collection
2or disposal services on behalf of one or more generators, that person shall pay the
3environmental repair fee to the licensed solid or hazardous waste disposal facility or
4to any intermediate hauler used to transfer wastes from collection points to a
5licensed facility. An intermediate hauler who receives environmental repair fees
6under this paragraph shall pay the fees to the licensed solid or hazardous waste
7disposal facility. Tonnage or equivalent volume shall be calculated in the same
8manner as the calculation made for tonnage fees under s. 289.62 (1).
AB40-ASA1, s. 2985g 9Section 2985g. 289.67 (1) (fm) of the statutes is created to read:
AB40-ASA1,1209,1210 289.67 (1) (fm) Exemption from environmental repair fee; certain materials
11resulting from natural disasters.
1. In this paragraph, "natural disaster" means a
12severe natural or human-caused flood or a severe tornado, heavy rain, or storm.
AB40-ASA1,1209,1513 2. Solid waste materials that are generated as the result of a natural disaster
14are not subject to the environmental repair fee imposed under par. (a) if all of the
15following apply:
AB40-ASA1,1209,1616 a. The natural disaster resulted in a federal or state disaster declaration.
AB40-ASA1,1209,1817 b. The solid waste materials were generated within a municipality that was
18included in the federal or state disaster declaration.
AB40-ASA1,1209,2019 c. The solid waste materials were disposed of in the solid waste disposal facility
20within 60 days after the occurrence of the natural disaster.
AB40-ASA1,1209,2321 d. The solid waste materials were removed as part of the disaster recovery
22effort and were segregated from other solid wastes when delivered to the solid waste
23disposal facility.
AB40-ASA1, s. 2986 24Section 2986. 292.11 (2) (e) of the statutes is amended to read:
AB40-ASA1,1210,3
1292.11 (2) (e) The department shall report notifications that it receives under
2this subsection related to discharges from petroleum storage tanks, as defined in s.
3101.144 (1) (bm), to the department of commerce safety and professional services.
AB40-ASA1, s. 2987 4Section 2987. 292.11 (7) (d) 1m. b. of the statutes is amended to read:
AB40-ASA1,1210,85 292.11 (7) (d) 1m. b. An area designated by the local governmental unit if the
6area consists of 2 or more properties affected by a contiguous region of groundwater
7contamination or contains 2 or more properties that are brownfields, as defined in
8s. 560.13 238.13 (1) (a).
AB40-ASA1, s. 2988 9Section 2988. 292.12 (1) (a) of the statutes is amended to read:
AB40-ASA1,1210,1510 292.12 (1) (a) "Agency with administrative authority" means the department
11of agriculture, trade and consumer protection with respect to a site over which it has
12jurisdiction under s. 94.73 (2), the department of commerce safety and professional
13services
with respect to a site over which it has jurisdiction under s. 101.144 (2) (a),
14or the department of natural resources with respect to a site over which it has
15jurisdiction under s. 292.11 (7).
AB40-ASA1, s. 2989 16Section 2989. 292.255 of the statutes is amended to read:
AB40-ASA1,1210,21 17292.255 Report on brownfield efforts. The department of natural
18resources, the department of administration, and the department of commerce
19Wisconsin Economic Development Corporation shall submit a report evaluating the
20effectiveness of this state's efforts to remedy the contamination of, and to redevelop,
21brownfields, as defined in s. 560.13 238.13 (1) (a).
AB40-ASA1, s. 2990 22Section 2990. 292.33 (6) of the statutes is amended to read:
AB40-ASA1,1211,423 292.33 (6) Exception. A local governmental unit may not recover costs under
24this section for remedial activities conducted on a property or portion of a property
25with respect to a discharge after the department of natural resources, the

1department of commerce safety and professional services, or the department of
2agriculture, trade and consumer protection has indicated that no further remedial
3activities are necessary on the property or portion of the property with respect to the
4discharge.
AB40-ASA1, s. 2990r 5Section 2990r. 292.75 of the statutes is renumbered 238.133, and 238.133 (2),
6(3) (intro.), (4), (5) (intro.) and (c), (6) and (7), as renumbered, are amended to read:
AB40-ASA1,1211,107 238.133 (2) Duties of the department corporation. (a) The department
8corporation shall administer a program to award brownfield site assessment grants
9from the appropriation under s. 20.370 (6) (et) 20.192 (1) (s) to local governmental
10units for the purposes of conducting any of the eligible activities under sub. (3).
AB40-ASA1,1211,1311 (b) The department corporation may not award a grant to a local governmental
12unit under this section if that local governmental unit caused the environmental
13contamination that is the basis for the grant request.
AB40-ASA1,1211,1714 (c) The department corporation may only award grants under this section if the
15person that caused the environmental contamination that is the basis for the grant
16request is unknown, cannot be located or is financially unable to pay the cost of the
17eligible activities.
AB40-ASA1,1211,2118 (d) The department corporation shall promulgate rules establish criteria as
19necessary to administer the program. Rules promulgated by the department The
20corporation
under this paragraph may limit the total amount of funds that may be
21used to cover the costs of each category of eligible activity described in sub. (3).
AB40-ASA1,1211,23 22(3) Eligible activities. (intro.) The department corporation may award grants
23to local governmental units to cover the costs of the following activities:
AB40-ASA1,1212,3
1(4) Application for grant. The applicant shall submit an application on a form
2prescribed by the department corporation and shall include any information that the
3department corporation finds necessary to calculate the amount of a grant.
AB40-ASA1,1212,5 4(5) Grant criteria. (intro.) The department corporation shall consider the
5following criteria when determining whether to award a grant:
AB40-ASA1,1212,76 (c) Other criteria that the department corporation finds necessary to calculate
7the amount of a grant.
AB40-ASA1,1212,11 8(6) Limitation of grant. The total amount of all grants awarded to a local
9governmental unit in a fiscal year under this section shall be limited to an amount
10equal to 15% of the available funds appropriated under s. 20.370 (6) (et) 20.192 (1)
11(s)
for the fiscal year.
AB40-ASA1,1212,15 12(7) Matching funds. The department corporation may not distribute a grant
13unless the applicant contributes matching funds equal to 20% of the grant. Matching
14funds may be in the form of cash or in-kind contribution or both
that exceeds 67
15percent of eligible project costs
.
AB40-ASA1, s. 2991b 16Section 2991b. 292.79 of the statutes is repealed.
AB40-ASA1, s. 2992 17Section 2992. 293.11 of the statutes is amended to read:
AB40-ASA1,1213,4 18293.11 Mine effect responsibility. The department shall serve as the central
19unit of state government to ensure that the air, lands, waters, plants, fish and
20wildlife affected by prospecting or mining in this state will receive the greatest
21practicable degree of protection and reclamation. The administration of
22occupational health and safety laws and rules that apply to mining shall remain
23exclusively the responsibility of the department of commerce safety and professional
24services
. The powers and duties of the geological and natural history survey under
25s. 36.25 (6) shall remain exclusively the responsibility of the geological and natural

1history survey. Nothing in this section prevents the department of commerce safety
2and professional services
and the geological and natural history survey from
3cooperating with the department in the exercise of their respective powers and
4duties.
AB40-ASA1, s. 2993 5Section 2993. 299.13 (1m) (intro.) of the statutes is amended to read:
AB40-ASA1,1213,96 299.13 (1m) Promotion of pollution prevention. (intro.) In carrying out the
7duties under this section and ss. s. 36.25 (30) and 560.19, the department, the
8department of commerce
and the center shall promote all of the following techniques
9for pollution prevention:
AB40-ASA1, s. 2993p 10Section 2993p. 299.49 (2) (d) 2. of the statutes is amended to read:
AB40-ASA1,1213,1411 299.49 (2) (d) 2. Subdivision 1. does not apply to the sale of a mercury-added
12product listed in subd. 1. a. to i. if use of the product is required under federal law
13or if the only mercury-added component in the product is a button cell battery, other
14than a mercuric oxide button cell battery
.
AB40-ASA1, s. 2994 15Section 2994. 299.83 (8) (f) of the statutes is amended to read:
AB40-ASA1,1213,2116 299.83 (8) (f) The department and the department of commerce safety and
17professional services
shall jointly provide information about participation contracts
18and environmental management systems to potential participants in the program
19and to other interested persons. The department shall consult with the department
20of commerce safety and professional services about the administration of the
21program.
AB40-ASA1, s. 2995 22Section 2995. 301.03 (3) of the statutes is amended to read:
AB40-ASA1,1214,1123 301.03 (3) Administer parole, extended supervision, and probation matters,
24except that the decision to grant or deny parole or to grant extended supervision
25under s. 304.06 (1)
to inmates shall be made by the earned release review parole

1commission and the decision to revoke probation, extended supervision, or parole in
2cases in which there is no waiver of the right to a hearing shall be made by the
3division of hearings and appeals in the department of administration. The secretary
4may grant special action parole releases under s. 304.02. The department may
5discharge inmates from extended supervision under s. 973.01 (4m) and may modify
6a bifurcated sentence under s. 302.113 (9h), and the earned release review

7commission may modify a sentence under s. 302.1135. The department shall
8promulgate rules establishing a drug testing program for probationers, parolees and
9persons placed on extended supervision. The rules shall provide for assessment of
10fees upon probationers, parolees and persons placed on extended supervision to
11partially offset the costs of the program.
AB40-ASA1, s. 2995h 12Section 2995h. 301.03 (5d) of the statutes is created to read:
AB40-ASA1,1214,1613 301.03 (5d) Ensure that the superintendent or other person in charge of each
14state correctional institution designates a person to meet with correctional officers
15employed at the institution to discuss potential or ongoing safety concerns at the
16institution and to develop solutions to the concerns.
AB40-ASA1, s. 2995k 17Section 2995k. 301.03 (5h) of the statutes is created to read:
AB40-ASA1,1214,2018 301.03 (5h) Develop, with the assistance of the office of state employment
19relations, a policy for staff assignments that shall consider an employee's seniority
20when assigning shifts.
AB40-ASA1, s. 2996 21Section 2996. 301.048 (2) (am) 3. of the statutes is amended to read:
AB40-ASA1,1214,2422 301.048 (2) (am) 3. The earned release review parole commission grants him
23or her parole under s. 304.06 and requires his or her participation in the program as
24a condition of parole under s. 304.06 (1x).
AB40-ASA1, s. 2997 25Section 2997. 301.21 (1m) (c) of the statutes is amended to read:
AB40-ASA1,1215,4
1301.21 (1m) (c) Any hearing to consider parole or whether to grant extended
2supervision, if the inmate is sentenced under s. 973.01
to which an inmate confined
3under this contract may be entitled by the laws of Wisconsin will be conducted by the
4Wisconsin earned release review parole commission under rules of the department.
AB40-ASA1, s. 2998 5Section 2998. 301.21 (2m) (c) of the statutes is amended to read:
AB40-ASA1,1215,106 301.21 (2m) (c) Any hearing to consider parole or whether to grant extended
7supervision, if the prisoner is sentenced under s. 973.01
to which a prisoner confined
8under a contract under this subsection may be entitled by the laws of Wisconsin shall
9be conducted by the Wisconsin earned release review parole commission under rules
10of the department.
AB40-ASA1, s. 2999 11Section 2999. 301.26 (3) (c) of the statutes is amended to read:
AB40-ASA1,1215,1412 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd),
13(ko), and (o)
and (ko), the department shall allocate funds to each county for services
14under this section.
AB40-ASA1, s. 3000 15Section 3000. 301.26 (4) (b) of the statutes is amended to read:
AB40-ASA1,1216,516 301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on
17the basis of the per person per day cost estimate specified in par. (d) 2. and, 3., and
184.
Except as provided in pars. (bm), (c), and (cm), liability shall apply to county
19departments under s. 46.21, 46.22, or 46.23 in the county of the court exercising
20jurisdiction under chs. 48 and 938 for each person receiving services from the
21department of corrections under s. 48.366, 938.183, or 938.34 or the department of
22health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and
23(cm), in multicounty court jurisdictions, the county of residency within the
24jurisdiction shall be liable for costs under this subsection. Assessment of costs under
25par. (a) shall also be made according to the general placement type or level of care

1provided, as defined by the department, and prorated according to the ratio of the
2amount designated under sub. (3) (c) to the total applicable estimated costs of care,
3services, and supplies provided by the department of corrections under ss. 48.366,
4938.183, and 938.34 and the department of health services under s. 46.057 or 51.35
5(3).
AB40-ASA1, s. 3001 6Section 3001. 301.26 (4) (cm) 3. of the statutes is amended to read:
AB40-ASA1,1216,107 301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile
8correctional services under this paragraph shall be equal to the per person daily cost
9assessment to counties under par. (d) 2. and, 3., and 4. for juvenile correctional
10services.
AB40-ASA1, s. 3002 11Section 3002. 301.26 (4) (ct) of the statutes is created to read:
AB40-ASA1,1216,2212 301.26 (4) (ct) 1. Subject to subd. 2. and notwithstanding ss. 16.50 (2), 16.52,
1320.002 (11), and 20.903, if there is a deficit in the appropriation account under s.
1420.410 (3) (hm) at the close of a fiscal year, any unencumbered balance in the
15appropriation account under s. 20.410 (3) (ho) at the close of that fiscal year, less the
16amounts required by s. 20.410 (3) (ho) to be remitted to counties or transferred to the
17appropriation account under s. 20.410 (3) (kx), and any unencumbered balance in the
18appropriation account under s. 20.410 (3) (hr) at the close of that fiscal year, shall be
19transferred to the appropriation account under s. 20.410 (3) (hm), up to the amount
20that when added to other amounts credited to that appropriation account in that
21fiscal year equals the amount shown in the schedule under s. 20.005 (3) for that
22appropriation account for that fiscal year.
AB40-ASA1,1217,423 2. The total amount transferred at the end of a fiscal year under subd. 1. may
24not exceed the amount of the deficit in the appropriation account under s. 20.410 (3)
25(hm) for that fiscal year, and if that deficit is less than the total amount of the

1unencumbered balances available for transfer under subd. 1., the amount
2transferred from the appropriation accounts under s. 20.410 (3) (ho) and (hr) shall
3be in proportion to the respective unencumbered balance available for transfer from
4each of those appropriation accounts.
AB40-ASA1, s. 3002m 5Section 3002m. 301.26 (4) (cx) of the statutes is created to read:
AB40-ASA1,1217,136 301.26 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903,
7there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close
8of a fiscal biennium, the governor shall, to address that deficit, increase each of the
9rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile
10correctional institution and for care for juveniles transferred from a correctional
11institution by $17, in addition to any increase due to actual costs, in the executive
12budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) (hm) is
13eliminated.
AB40-ASA1, s. 3003 14Section 3003. 301.26 (4) (d) 2. of the statutes is amended to read:
AB40-ASA1,1217,2315 301.26 (4) (d) 2. Beginning on January July 1, 2010 2011, and ending on June
1630, 2010 2012, the per person daily cost assessment to counties shall be $270 $284
17for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $270
18$284 for care for juveniles transferred from a juvenile correctional institution under
19s. 51.35 (3), $298 for care in a residential care center for children and youth, $190 for
20care in a group home for children, $72 for care in a foster home, $124 for care in a
21treatment foster home under rules promulgated under s. 48.62 (8) (c), $101
$99 for
22departmental corrective sanctions services, and $40 for departmental aftercare
23services.
AB40-ASA1, s. 3004 24Section 3004. 301.26 (4) (d) 3. of the statutes is amended to read:
AB40-ASA1,1218,9
1301.26 (4) (d) 3. Beginning on July 1, 2010 2012, and ending on June 30, 2011
22013, the per person daily cost assessment to counties shall be $275 $289 for care in
3a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $275 $289 for care
4for juveniles transferred from a juvenile correctional institution under s. 51.35 (3),
5$313 for care in a residential care center for children and youth, $200 for care in a
6group home for children, $75 for care in a foster home, $130 for care in a treatment
7foster home under rules promulgated under s. 48.62 (8) (c), $103
$100 for
8departmental corrective sanctions services, and $41 $40 for departmental aftercare
9services.
AB40-ASA1, s. 3005 10Section 3005. 301.26 (4) (d) 4. of the statutes is created to read:
AB40-ASA1,1218,1411 301.26 (4) (d) 4. The per person daily cost assessment to counties for care in a
12foster home, group home, or residential care center for children and youth shall be
13an amount equal to the amount the provider charges the department for that care
14as authorized by the department of children and families.
AB40-ASA1, s. 3006 15Section 3006. 301.26 (6) (a) of the statutes is amended to read:
AB40-ASA1,1218,1916 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the
17legislature in allocating funding, excluding funding for base allocations, from the
18appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko) for purposes described
19in this section.
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