AB40: Bill Text

AB40,1093,23 287.07 (4) General incineration disposal restrictions. Beginning on January 1, 1995, no person No individual may convert place in a container the contents of which will be disposed of in a solid waste disposal facility, converted into fuel, or burn with energy recovery burned at a solid waste treatment facility in this state any of the following:

AB40, s. 2964 Section 2964. 287.07 (7) (a) of the statutes is repealed.

AB40, s. 2965 Section 2965. 287.07 (7) (b) 2. of the statutes is amended to read:

AB40,1094,7 287.07 (7) (b) 2. A prohibition in sub. (3) (b), (c), (e), (f), (g), (h) or (j) or (4) (b), (c), (f), (g), (h) or (i) does not apply to a person who converts into fuel or burns at an operating solid waste treatment facility a type of material identified in one of those paragraphs that was converted into fuel or burned at the operating solid waste treatment facility during April, 1990, and either is generated in the operating solid waste treatment facility's current service area or is generated by the owner of the operating solid waste treatment facility.

AB40, s. 2966 Section 2966. 287.07 (7) (c) 1. cg. of the statutes is amended to read:

AB40,1094,11 287.07 (7) (c) 1. cg. "Medical waste" means containers, packages and materials identified under sub. (3) or (4) that contain infectious waste or that are from a treatment area and are mixed with infectious waste.

AB40, s. 2967 Section 2967. 287.07 (7) (c) 2. (intro.) of the statutes is amended to read:

AB40,1094,14 287.07 (7) (c) 2. (intro.) The prohibitions in subs. (3) and sub. (4) do not apply with respect to any of the following:

AB40, s. 2968 Section 2968. 287.07 (7) (c) 2. b. of the statutes is amended to read:

AB40,1094,20 287.07 (7) (c) 2. b. The disposal of, in a solid waste disposal facility, a container, package or material identified under sub. (3) or (4) that contained infectious waste or that is from a treatment area and is mixed with infectious waste generated in the treatment area, if the container, package or material has been treated, pursuant to standards established under ch. 289, to render the infectious waste noninfectious.

AB40, s. 2969 Section 2969. 287.07 (7) (d) of the statutes is repealed.

AB40, s. 2970 Section 2970. 287.07 (7) (f) of the statutes is amended to read:

AB40,1095,2 287.07 (7) (f) The prohibitions in subs. (2) and (3) to (4) do not apply to the beneficial reuse of a material within a solid waste disposal facility if the beneficial reuse of the material is approved in the solid waste disposal facility's plan of operation under s. 289.30.

AB40, s. 2971 Section 2971. 287.07 (7) (g) of the statutes is repealed and recreated to read:

AB40,1095,5 287.07 (7) (g) A prohibition in sub. (4) does not apply to a material that has been contaminated and cannot feasibly be cleaned for recycling.

AB40, s. 2972 Section 2972. 287.07 (7) (h) 1. (intro.) of the statutes is amended to read:

AB40,1095,10 287.07 (7) (h) 1. (intro.) The department may grant issue a waiver or conditional waiver to a restriction under sub. (3) (c) or (h) or (4) (c) or (i) for plastics other than polyethylene terephthalate or high-density polyethylene if the department determines all of the following:

AB40, s. 2973 Section 2973. 287.09 of the statutes is repealed.

AB40, s. 2974 Section 2974. 287.093 of the statutes is repealed.

AB40, s. 2975 Section 2975. 287.095 of the statutes is amended to read:

AB40,1095,17 287.095 Responsible unit Local official liability. (1) Definition. In this section, "responsible unit local official" means any officer, official, agent, or employee of a responsible unit municipality or county engaged in the planning, management, operation, or approval of a recycling program or recycling site or facility.

AB40,1095,21 (2) Exemption from liability. No responsible unit local official is liable for civil damages as a result of good faith actions taken by the responsible unit official within the scope of duties relating to the responsible unit's municipal or county recycling program or recycling site or facility.

AB40, s. 2976 Section 2976. 287.10 of the statutes is repealed.

AB40, s. 2977 Section 2977. 287.11 of the statutes is repealed.

AB40, s. 2978 Section 2978. 287.19 (1) (b) (intro.) of the statutes is amended to read:

AB40,1096,2 287.19 (1) (b) Recycling programs. (intro.) With respect to local recycling programs created under s. 287.09 (2) (a):

AB40, s. 2979 Section 2979. 287.21 (intro.) of the statutes is amended to read:

AB40,1096,12 287.21 Statewide education program. (intro.) The department shall collect, prepare and disseminate information and conduct educational and training programs designed to assist in the implementation of solid waste management programs under ss. 287.01 to 287.31, enhance municipal and county solid waste management programs under s. 287.09 (2) (a) and inform the public of the relationship among an individual's consumption of goods and services, the generation of different types and quantities of solid waste and the implementation of the solid waste management priorities in s. 287.05 (12). The department shall prepare the information and programs on a statewide basis for the following groups:

AB40, s. 2980 Section 2980. 287.23 of the statutes is repealed.

AB40, s. 2981 Section 2981. 287.235 of the statutes is repealed.

AB40, s. 2982 Section 2982. 287.25 of the statutes is repealed.

AB40, s. 2983 Section 2983. 287.26 of the statutes is repealed.

AB40, s. 2984 Section 2984. 287.31 (6) of the statutes is amended to read:

AB40,1096,20 287.31 (6) Use of revenues. The newspaper recycling fees collected under sub. (5) shall be deposited in the recycling and renewable energy environmental fund under s. 25.49.

AB40, s. 2985 Section 2985. 289.645 (6) of the statutes is amended to read:

AB40,1096,24 289.645 (6) Use of recycling fees. The Of the fees collected under sub. (2), $4 per ton shall be deposited in the recycling and renewable energy economic development fund and $3 per ton shall be deposited in the environmental fund.

AB40, s. 2986 Section 2986. 292.11 (2) (e) of the statutes is amended to read:

AB40,1097,3 292.11 (2) (e) The department shall report notifications that it receives under this subsection related to discharges from petroleum storage tanks, as defined in s. 101.144 (1) (bm), to the department of commerce safety and professional services.

AB40, s. 2987 Section 2987. 292.11 (7) (d) 1m. b. of the statutes is amended to read:

AB40,1097,8 292.11 (7) (d) 1m. b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 560.13 238.13 (1) (a).

AB40, s. 2988 Section 2988. 292.12 (1) (a) of the statutes is amended to read:

AB40,1097,15 292.12 (1) (a) "Agency with administrative authority" means the department of agriculture, trade and consumer protection with respect to a site over which it has jurisdiction under s. 94.73 (2), the department of commerce safety and professional services with respect to a site over which it has jurisdiction under s. 101.144 (2) (a), or the department of natural resources with respect to a site over which it has jurisdiction under s. 292.11 (7).

AB40, s. 2989 Section 2989. 292.255 of the statutes is amended to read:

AB40,1097,21 292.255 Report on brownfield efforts. The department of natural resources, the department of administration, and the department of commerce Wisconsin Economic Development Corporation shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 560.13 238.13 (1) (a).

AB40, s. 2990 Section 2990. 292.33 (6) of the statutes is amended to read:

AB40,1098,4 292.33 (6) Exception. A local governmental unit may not recover costs under this section for remedial activities conducted on a property or portion of a property with respect to a discharge after the department of natural resources, the department of commerce safety and professional services, or the department of agriculture, trade and consumer protection has indicated that no further remedial activities are necessary on the property or portion of the property with respect to the discharge.

AB40, s. 2991 Section 2991. 292.79 (1) (a) of the statutes is amended to read:

AB40,1098,6 292.79 (1) (a) "Brownfields" has the meaning given in s. 560.13 238.13 (1) (a).

AB40, s. 2992 Section 2992. 293.11 of the statutes is amended to read:

AB40,1098,19 293.11 Mine effect responsibility. The department shall serve as the central unit of state government to ensure that the air, lands, waters, plants, fish and wildlife affected by prospecting or mining in this state will receive the greatest practicable degree of protection and reclamation. The administration of occupational health and safety laws and rules that apply to mining shall remain exclusively the responsibility of the department of commerce safety and professional services. The powers and duties of the geological and natural history survey under s. 36.25 (6) shall remain exclusively the responsibility of the geological and natural history survey. Nothing in this section prevents the department of commerce safety and professional services and the geological and natural history survey from cooperating with the department in the exercise of their respective powers and duties.

AB40, s. 2993 Section 2993. 299.13 (1m) (intro.) of the statutes is amended to read:

AB40,1098,24 299.13 (1m) Promotion of pollution prevention. (intro.) In carrying out the duties under this section and ss. s. 36.25 (30) and 560.19, the department, the department of commerce and the center shall promote all of the following techniques for pollution prevention:

AB40, s. 2994 Section 2994. 299.83 (8) (f) of the statutes is amended to read:

AB40,1099,6 299.83 (8) (f) The department and the department of commerce safety and professional services shall jointly provide information about participation contracts and environmental management systems to potential participants in the program and to other interested persons. The department shall consult with the department of commerce safety and professional services about the administration of the program.

AB40, s. 2995 Section 2995. 301.03 (3) of the statutes is amended to read:

AB40,1099,21 301.03 (3) Administer parole, extended supervision, and probation matters, except that the decision to grant or deny parole or to grant extended supervision under s. 304.06 (1) to inmates shall be made by the earned release review parole commission and the decision to revoke probation, extended supervision , or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department may discharge inmates from extended supervision under s. 973.01 (4m) and may modify a bifurcated sentence under s. 302.113 (9h), and the earned release review commission may modify a sentence under s. 302.1135. The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and persons placed on extended supervision to partially offset the costs of the program.

AB40, s. 2996 Section 2996. 301.048 (2) (am) 3. of the statutes is amended to read:

AB40,1099,25 301.048 (2) (am) 3. The earned release review parole commission grants him or her parole under s. 304.06 and requires his or her participation in the program as a condition of parole under s. 304.06 (1x).

AB40, s. 2997 Section 2997. 301.21 (1m) (c) of the statutes is amended to read:

AB40,1100,5 301.21 (1m) (c) Any hearing to consider parole or whether to grant extended supervision, if the inmate is sentenced under s. 973.01 to which an inmate confined under this contract may be entitled by the laws of Wisconsin will be conducted by the Wisconsin earned release review parole commission under rules of the department.

AB40, s. 2998 Section 2998. 301.21 (2m) (c) of the statutes is amended to read:

AB40,1100,11 301.21 (2m) (c) Any hearing to consider parole or whether to grant extended supervision, if the prisoner is sentenced under s. 973.01 to which a prisoner confined under a contract under this subsection may be entitled by the laws of Wisconsin shall be conducted by the Wisconsin earned release review parole commission under rules of the department.

AB40, s. 2999 Section 2999. 301.26 (3) (c) of the statutes is amended to read:

AB40,1100,15 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko), the department shall allocate funds to each county for services under this section.

AB40, s. 3000 Section 3000. 301.26 (4) (b) of the statutes is amended to read:

AB40,1101,6 301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2. and, 3., and 4. Except as provided in pars. (bm), (c), and (cm), liability shall apply to county departments under s. 46.21, 46.22, or 46.23 in the county of the court exercising jurisdiction under chs. 48 and 938 for each person receiving services from the department of corrections under s. 48.366, 938.183, or 938.34 or the department of health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections under ss. 48.366, 938.183, and 938.34 and the department of health services under s. 46.057 or 51.35 (3).

AB40, s. 3001 Section 3001. 301.26 (4) (cm) 3. of the statutes is amended to read:

AB40,1101,11 301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2. and, 3., and 4. for juvenile correctional services.

AB40, s. 3002 Section 3002. 301.26 (4) (ct) of the statutes is created to read:

AB40,1101,23 301.26 (4) (ct) 1. Subject to subd. 2. and notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, if there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close of a fiscal year, any unencumbered balance in the appropriation account under s. 20.410 (3) (ho) at the close of that fiscal year, less the amounts required by s. 20.410 (3) (ho) to be remitted to counties or transferred to the appropriation account under s. 20.410 (3) (kx), and any unencumbered balance in the appropriation account under s. 20.410 (3) (hr) at the close of that fiscal year, shall be transferred to the appropriation account under s. 20.410 (3) (hm), up to the amount that when added to other amounts credited to that appropriation account in that fiscal year equals the amount shown in the schedule under s. 20.005 (3) for that appropriation account for that fiscal year.

AB40,1102,5 2. The total amount transferred at the end of a fiscal year under subd. 1. may not exceed the amount of the deficit in the appropriation account under s. 20.410 (3) (hm) for that fiscal year, and if that deficit is less than the total amount of the unencumbered balances available for transfer under subd. 1., the amount transferred from the appropriation accounts under s. 20.410 (3) (ho) and (hr) shall be in proportion to the respective unencumbered balance available for transfer from each of those appropriation accounts.

AB40, s. 3003 Section 3003. 301.26 (4) (d) 2. of the statutes is amended to read:

AB40,1102,15 301.26 (4) (d) 2. Beginning on January July 1, 2010 2011, and ending on June 30, 2010 2012, the per person daily cost assessment to counties shall be $270 $284 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $270 $284 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $298 for care in a residential care center for children and youth, $190 for care in a group home for children, $72 for care in a foster home, $124 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $101 $99 for departmental corrective sanctions services, and $40 for departmental aftercare services.

AB40, s. 3004 Section 3004. 301.26 (4) (d) 3. of the statutes is amended to read:

AB40,1102,25 301.26 (4) (d) 3. Beginning on July 1, 2010 2012, and ending on June 30, 2011 2013, the per person daily cost assessment to counties shall be $275 $289 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $275 $289 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $313 for care in a residential care center for children and youth, $200 for care in a group home for children, $75 for care in a foster home, $130 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $103 $100 for departmental corrective sanctions services, and $41 $40 for departmental aftercare services.

AB40, s. 3005 Section 3005. 301.26 (4) (d) 4. of the statutes is created to read:

AB40,1103,5 301.26 (4) (d) 4. The per person daily cost assessment to counties for care in a foster home, group home, or residential care center for children and youth shall be an amount equal to the amount the provider charges the department for that care as authorized by the department of children and families.

AB40, s. 3006 Section 3006. 301.26 (6) (a) of the statutes is amended to read:

AB40,1103,10 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko) for purposes described in this section.

AB40, s. 3007 Section 3007. 301.26 (7) (intro.) of the statutes is amended to read:

AB40,1103,17 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2009 2011, and ending on June 30, 2011 2013, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB40, s. 3008 Section 3008. 301.26 (7) (a) of the statutes is amended to read:

AB40,1103,22 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $50,395,100 $45,478,000 for the last 6 months of 2009 2011, $100,790,200 $90,956,100 for 2010 2012, and $50,395,100 $45,478,100 for the first 6 months of 2011 2013.

AB40, s. 3009 Section 3009. 301.26 (7) (b) (intro.) of the statutes is amended to read:

AB40,1104,2 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2009 2011, $4,000,000 for 2010 2012, and $2,000,000 for the first 6 months of 2011 2013 to counties based on each of the following factors weighted equally:

AB40, s. 3010 Section 3010. 301.26 (7) (bm) of the statutes is amended to read:

AB40,1104,9 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2009 2011, $12,500,000 for 2010 2012, and $6,250,000 for the first 6 months of 2011 2013 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility during the most recent 3-year period for which that information is available.

AB40, s. 3011 Section 3011. 301.26 (7) (c) of the statutes is amended to read:

AB40,1104,17 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2009 2011, $2,106,500 for 2010 2012, and $1,053,300 for the first 6 months of 2011 2013 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.