1995 Wisconsin Act 227

227,1 Section 1 . 13.101 (11) of the statutes is amended to read:

13.101 (11) The committee may approve a clean water fund interest rate change as specified under s. 144.241 281.58 (12) (f).

227,2 Section 2 . 13.48 (10) (b) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

13.48 (10) (b) 1. Contracts by the department of natural resources for construction work related to hazardous substance spill response under s. 144.76 292.11 or environmental repair under s. 144.442 292.31.

227,3 Section 3 . 13.48 (26) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

13.48 (26) Clean water annual finance plan approval. The building commission shall review the versions of the biennial finance plan and any amendments to the biennial finance plan submitted to it by the department of natural resources and the department of administration under s. 144.2415 281.59 (3) (bm) and the recommendations of the joint committee on finance and the standing committees to which the versions of the biennial finance plan and any amendments were submitted under s. 144.2415 281.59 (3) (bm). The building commission shall consider the extent to which that version of the biennial finance plan that is updated to reflect the adopted biennial budget act will maintain the clean water fund in perpetuity. The building commission shall consider the extent to which the implementation of the clean water fund, as set forth in the biennial finance plan updated to reflect the adopted biennial budget act, implements legislative intent on the clean water fund program. The building commission shall, no later than 60 days after the date of enactment of the biennial budget act, either approve or disapprove the biennial finance plan that is updated to reflect the adopted biennial budget act, except that the building commission may not disapprove those amounts that the legislature approves under s. 144.2415 281.59 (3) (c). If the building commission disapproves the version of the biennial finance plan that is updated to reflect the adopted biennial budget act, it must notify the department of natural resources and the department of administration of its reasons for disapproving the plan, and those departments must revise that version of the biennial finance plan and submit the revision to the building commission.

227,4 Section 4 . 13.625 (8m) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

13.625 (8m) Subsection (3) does not apply to the solicitation of anything of pecuniary value to pay the costs of remedying environmental contamination, as defined in s. 144.968 292.51 (1), by an agency official of the department of natural resources.

227,5 Section 5 . 15.107 (5) (a) 5. of the statutes is amended to read:

15.107 (5) (a) 5. A representative of a major utility, as defined under s. 144.386 285.41 (1) (f), appointed by the secretary of administration.

227,6 Section 6 . 15.107 (5) (a) 6. of the statutes is amended to read:

15.107 (5) (a) 6. A representative of an industry which is a large source, as defined under s. 144.388 285.45 (1) (a), appointed by the secretary of administration.

227,7 Section 7 . 15.107 (12) (b) 1. c. of the statutes is amended to read:

15.107 (12) (b) 1. c. One member to represent industrial laboratories with permits issued under ch. 147 283.

227,8 Section 8 . 15.157 (10) (a), (b), (c), (d) and (e) of the statutes are amended to read:

15.157 (10) (a) Three members to represent the general public who are not owners, or representatives of owners, of small business stationary sources, as defined in s. 144.36 285.79 (1).

(b) One member who owns a small business stationary source, as defined in s. 144.36 285.79 (1), or who represents owners of small business stationary sources, appointed by the president of the senate.

(c) One member who owns a small business stationary source, as defined in s. 144.36 285.79 (1), or who represents owners of small business stationary sources, appointed by the speaker of the assembly.

(d) One member who owns a small business stationary source, as defined in s. 144.36 285.79 (1), or who represents owners of small business stationary sources, appointed by the minority leader of the senate.

(e) One member who owns a small business stationary source, as defined in s. 144.36 285.79 (1), or who represents owners of small business stationary sources, appointed by the minority leader of the assembly.

227,9 Section 9. 15.347 (15) (a) 4. of the statutes is amended to read:

15.347 (15) (a) 4. At least one council member shall represent each of the priority watersheds, as identified under s. 144.25 281.65 (4) (cm), that are located in the Milwaukee river basin.

227,10 Section 10 . 15.915 (5) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

15.915 (5) (a) Definition. In this subsection, “responsible unit" has the meaning given in s. 159.01 287.01 (9).

227,11 Section 11 . 16.15 (1) (ae) and (ah) of the statutes are amended to read:

16.15 (1) (ae) “Cost of disposing of processed material" has the meaning given in s. 159.11 287.11 (2m) (a) 1.

(ah) “Cost of selling processed material" has the meaning given in s. 159.11 287.11 (2m) (a) 2.

227,12 Section 12 . 16.15 (1) (aj) of the statutes is amended to read:

16.15 (1) (aj) “Major appliance" has the meaning given in s. 159.01 287.01 (3).

227,13 Section 13 . 16.15 (1) (ar) of the statutes is amended to read:

16.15 (1) (ar) “Processed material" has the meaning given in s. 159.11 287.11 (2m) (a) 3.

227,14 Section 14 . 16.15 (1) (e) of the statutes is amended to read:

16.15 (1) (e) “Recycling" has the meaning under s. 144.44 (7) 289.43 (1).

227,15 Section 15 . 16.15 (1) (f) of the statutes is amended to read:

16.15 (1) (f) “Yard waste" has the meaning given in s. 159.01 287.01 (17).

227,16 Section 16 . 16.15 (3) (a) 3. of the statutes is amended to read:

16.15 (3) (a) 3. Separate for recycling at least 50% of each of the materials listed in s. 159.07 287.07 (3) or (4) that is generated as solid waste by the agency or authority beginning on January 1, 1993, and such greater amount of such materials as the department determines is reasonably feasible beginning on January 1, 1995.

227,17 Section 17 . 16.72 (2) (f) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

16.72 (2) (f) In writing specifications under this subsection, the department, any other designated purchasing agent under s. 16.71 (1) and each authority other than the University of Wisconsin Hospitals and Clinics Authority shall incorporate requirements relating to the recyclability and ultimate disposition of products and, wherever possible, shall write the specifications so as to minimize the amount of solid waste generated by the state, consistent with the priorities established under s. 159.05 287.05 (12). All specifications under this subsection shall discourage the purchase of single-use, disposable products and require, whenever practical, the purchase of multiple-use, durable products.

227,18 Section 18 . 16.75 (1) (a) 1. of the statutes, as affected by 1995 Wisconsin Act 27, section 368m, is amended to read:

16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8) and (9) and ss. 16.73 (4) (a), 16.754, 50.05 (7) (f), 159.15 287.15 (7) and 301.265, shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

227,19 Section 19 . 16.855 (21) of the statutes is amended to read:

16.855 (21) This section does not apply to contracts by the department of natural resources for construction work related to hazardous substance spill response under s. 144.76 292.11 or environmental repair under s. 144.442 292.31.

227,20 Section 20 . 16.87 (4) of the statutes is amended to read:

16.87 (4) This section does not apply to contracts by the department of natural resources for environmental consultant services or engineering services for hazardous substance spill response under s. 144.76 292.11 or environmental repair under s. 144.442 292.31, or for environmental consultant services to assist in the preparation of an environmental impact statement or to provide preapplication services under s. 23.40.

227,21 Section 21 . 18.57 (3) of the statutes is amended to read:

18.57 (3) Moneys in such funds may be commingled only for the purpose of investment with other public funds, but they shall be invested only in investment instruments permitted in s. 25.17 (3) (dg) or in clean water fund investment instruments permitted in s. 144.2415 281.59 (2m). All such investments shall be the exclusive property of such fund and all earnings on or income from investments shall be credited to such fund and shall become available for any of the purposes under sub. (2) and for the payment of interest on related revenue obligations.

227,22 Section 22 . 19.59 (1) (f) of the statutes is amended to read:

19.59 (1) (f) Paragraphs (a) to (c) do not apply to the members of a local committee appointed under s. 144.445 289.33 (7) (a) to negotiate with the owner or operator of, or applicant for a license to operate, a solid waste disposal or hazardous waste facility under s. 144.445 289.33, with respect to any matter contained or proposed to be contained in a written agreement between a municipality and the owner, operator or applicant or in an arbitration award or proposed award that is applicable to those parties.

227,23 Section 23 . 20.143 (1) (kc) of the statutes is amended to read:

20.143 (1) (kc) Clean air act compliance assistance. From moneys transferred from the appropriation account under s. 20.370 (2) (bg), the amounts in the schedule for assisting the department of natural resources in administering the small business stationary source technical and environmental compliance assistance program under s. 144.36 285.79 and for expenses related to serving as ombudsman for small business stationary sources as required under s. 560.03 (9).

227,24 Section 24 . 20.255 (2) (ra) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.255 (2) (ra) Environmental education; environmental assessments. From the environmental fund, as a continuing appropriation, an amount equal to 50% of the environmental assessments under s. 144.992 299.93 (1) for environmental education grants under s. 115.375 (2).

227,25 Section 25 . 20.285 (1) (L) of the statutes, as affected by 1995 Wisconsin Act 27, section 1080b, is amended to read:

20.285 (1) (L) Recycling market development; repayments. All moneys received in repayment of loans made by the recycling market development board under s. 159.46 287.46 (1) and received under s. 159.46 287.46 (3) in repayment of loans made by recipients of financial assistance from the recycling market development board, to be used to provide financial assistance under s. 159.46 287.46 (1).

227,26 Section 26 . 20.285 (1) (t) of the statutes, as affected by 1995 Wisconsin Act 27, section 1086b, is amended to read:

20.285 (1) (t) Recycling market development board; assistance. Biennially, from the recycling fund, the amounts in the schedule for recycling market development board contracts under s. 159.42 287.42 (3) and financial assistance under s. 159.46 287.46.

227,27 Section 27 . 20.320 (1) (q) of the statutes is amended to read:

20.320 (1) (q) Clean water fund revenue obligation funding. As a continuing appropriation, all proceeds from revenue obligations issued under subch. II or IV of ch. 18, as authorized under s. 144.2415 281.59 (4) and deposited in the fund in the state treasury created under s. 18.57 (1), providing for reserves and for expenses of issuance and management of the revenue obligations, and the remainder to be transferred to the clean water fund for the purposes specified in s. 25.43 (3). Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

227,28 Section 28 . 20.320 (1) (r) of the statutes is amended to read:

20.320 (1) (r) Clean water fund repayment of revenue obligations. From the clean water fund, a sum sufficient to repay the fund in the state treasury created under s. 18.57 (1) the amount needed to retire revenue obligations issued under subch. II or IV of ch. 18, as authorized under s. 144.2415 281.59 (4).

227,29 Section 29 . 20.320 (1) (s) of the statutes is amended to read:

20.320 (1) (s) Clean water fund financial assistance. From the clean water fund, a sum sufficient for the purposes of ss. 25.43, 144.241 281.58 and 144.2415 281.59, other than general program operations specified under s. 20.370 (2) (mt) or (mx) or 20.505 (1) (v) or (x) and other than administration of ss. 25.43, 144.241 281.58 and 144.2415 281.59.

227,30 Section 30 . 20.320 (1) (u) of the statutes is amended to read:

20.320 (1) (u) Principal repayment and interest — clean water fund revenue obligation repayment. From the fund in the state treasury created under s. 18.57 (1), all moneys received by the fund and not transferred under s. 144.2415 281.59 (4) (c) to the clean water fund, for the purpose of the retirement of revenue obligations, providing for reserves and for operations relating to the management and retirement of revenue obligations issued under subch. II or IV of ch. 18, as authorized under s. 144.2415 281.59 (4). All moneys received are irrevocably appropriated in accordance with subch. II of ch. 18 and further established in resolutions authorizing the issuance of the revenue obligations and setting forth the distribution of funds to be received thereafter.

227,31 Section 31 . 20.370 (2) (af) of the statutes is amended to read:

20.370 (2) (af) Water resources — remedial action. As a continuing appropriation, the amounts in the schedule for remedial action in the Great Lakes and their tributaries under s. 144.10 281.83.

227,32 Section 32 . 20.370 (2) (ah) of the statutes is amended to read:

20.370 (2) (ah) Water resources — Great Lakes protection fund. All moneys received from the Great Lakes protection fund for Great Lakes protection activities under s. 144.11 281.85.

227,33 Section 33 . 20.370 (2) (bg) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.370 (2) (bg) Air management — stationary sources. The amounts in the schedule for purposes related to stationary sources of air contaminants as specified in s. 144.399 (2) (b) 285.69 (2) (c) and to transfer the amounts appropriated under s. 20.143 (1) (kc) to the appropriation account under s. 20.143 (1) (kc). All moneys received from fees imposed under s. 144.399 285.69 (2) (a), except moneys appropriated under sub. (8) (mg), and all moneys received from fees imposed under s. 144.399 285.69 (7) shall be credited to this appropriation.

227,34 Section 34 . 20.370 (2) (bj) of the statutes is amended to read:

20.370 (2) (bj) Storm water management — fees. The amounts in the schedule for the administration of the storm water discharge permit program under s. 147.021 283.33. All moneys received under s. 147.033 (4) 283.33 (9) shall be credited to this appropriation account.

227,35 Section 35 . 20.370 (2) (bL) of the statutes is amended to read:

20.370 (2) (bL) Wastewater management — fees. All moneys received under s. 144.025 (2) (L) 281.17 (3) for the certification of operators of waterworks, wastewater treatment plants and septage servicing vehicles and under s. 146.20 281.48 (4s) (a) and (b) for wastewater management activities.

227,36 Section 36 . 20.370 (2) (br) of the statutes is amended to read:

20.370 (2) (br) Air management — mobile sources. From the petroleum inspection fund, the amounts in the schedule for air quality management programs, including the development and implementation of plans under s. 144.31 (1) (f) 285.11 (6), related primarily to mobile sources of air contaminants.

227,37 Section 37 . 20.370 (2) (cg) of the statutes is amended to read:

20.370 (2) (cg) Air management — recovery of ozone-depleting refrigerants. The amounts in the schedule for administration of the recovery of ozone-depleting refrigerants program. All moneys received from fees under s. 144.422 (3) 285.59 (5) (a) 2. shall be credited to this appropriation.

227,38 Section 38 . 20.370 (2) (ch) of the statutes is amended to read:

20.370 (2) (ch) Air management — emission analysis. All moneys received from fees collected under s. 144.382 285.53 (1) (c) 3. for the purpose of reviewing and preparing analyses of emissions from certain medical waste incinerators.

227,39 Section 39 . 20.370 (2) (ci) of the statutes is amended to read:

20.370 (2) (ci) Air management — permit review and enforcement. The amounts in the schedule for any purpose specified under s. 144.399 285.69 (1) or (5), except for purposes described in par. (ei), and for other activities to reduce air pollution, as provided in s. 144.399 285.69 (6). All moneys received from fees imposed under s. 144.399 285.69 (1) and (5), except moneys appropriated under par. (ei), shall be credited to this appropriation.

227,40 Section 40 . 20.370 (2) (cL) of the statutes is amended to read:

20.370 (2) (cL) Air waste management — incinerator operator certification. All moneys received from fees under s. 144.31 (3) 285.51 for the purpose of administering s. 144.31 (3) 285.51.

227,41 Section 41 . 20.370 (2) (cq) of the statutes is amended to read:

20.370 (2) (cq) Air management — motor vehicle emission inspection and maintenance program, state funds. From the transportation fund, the amounts in the schedule for the administration of the motor vehicle emission inspection and maintenance program under s. 144.42 285.30.

227,42 Section 42 . 20.370 (2) (dg) of the statutes is amended to read:

20.370 (2) (dg) Solid waste management — solid and hazardous waste disposal administration. All moneys received from fees under ss. 144.44 (7) (f) 5. a. and b. and (10) 289.43 (7) (e) 1. and 2., 289.61, 291.05 (7) and 144.64 (4) 291.33 for the purpose of administering ss. 144.44 and 144.64 289.43, 289.47, 289.53, 289.95, 291.23, 291.25, 291.29, 291.31 and 291.87 and subch. III of ch. 289.