1995 Wisconsin Act 227

227,226 Section 226 . 66.121 of the statutes is amended to read:

66.121 Inspection of property. A county or a city authorized to act under s. 74.87 may enter any real property for which a tax certificate has been issued under s. 74.57, or may authorize another person to enter the real property, to determine the nature and extent of environmental pollution, as defined in s. 144.01 (3) 299.01 (4).

227,227 Section 227 . 66.122 (1) (b) of the statutes is amended to read:

66.122 (1) (b) “Inspection purposes" include, without limitation because of enumeration, such purposes as building, housing, electrical, plumbing, heating, gas, fire, health, safety, environmental pollution, water quality, waterways, use of water, food, zoning, property assessment, meter and obtaining data required to be submitted in an initial site report or feasibility report under s. 144.44 or 144.64 subch. III of ch. 289 or s. 291.23, 291.25, 291.29 or 291.31 or an environmental impact statement related to one of those reports.

227,228 Section 228. 66.293 (3) (b) of the statutes is amended to read:

66.293 (3) (b) In this subsection, “municipality" means any city, town, village or county, technical college district, common school district, union high school district, unified school district, county-city hospital established under s. 66.47, sewerage commission organized under s. 144.07 281.43 (4), metropolitan sewerage district organized under ss. 66.20 to 66.26, public or quasi-public corporation, or any other unit of government, or any agency or instrumentality of 2 or more units of government in this state.

227,229 Section 229 . 66.33 (5) of the statutes is amended to read:

66.33 (5) Any municipality may participate in the state financial assistance program for soil and water resources protection established under s. 144.21, 144.24 or 144.25 281.55, 281.57 or 281.65 and may enter into agreements with the department of natural resources for that purpose. Any municipality may participate in the clean water fund program under ss. 144.241 281.58 and 144.2415 281.59 and may enter into agreements with the department of administration and the department of natural resources for that purpose. Any county may participate in the state financial assistance program for soil and water resources protection established under s. 92.14 and may enter into agreements with the department of agriculture, trade and consumer protection for that purpose.

227,230 Section 230 . 66.33 (6) of the statutes is amended to read:

66.33 (6) Any municipality is authorized to enter into contracts with a nonprofit-sharing corporation for the municipality to design and construct the projects it will sublease from the department of natural resources pursuant to s. 144.21 281.55 (6) (b).

227,231 Section 231 . 66.35 (1) (a) of the statutes is amended to read:

66.35 (1) (a) “Medical waste incinerator" has the meaning given in s. 159.07 287.07 (7) (c) 1. cr.

227,232 Section 232 . 66.35 (2) of the statutes is amended to read:

66.35 (2) A municipality may, by ordinance, impose a fee, in accordance with rules promulgated under s. 159.03 287.03 (1) (am), on the operator of a medical waste incinerator located in the municipality to cover the costs incurred because of the presence of the medical waste incinerator, including costs of monitoring emissions and of providing periodic notification to residents concerning the medical waste incinerator. The fee imposed under this section may not exceed $1 per ton of waste that is incinerated at the medical waste incinerator unless the municipality and the operator of the medical waste incinerator agree to a higher fee.

227,233 Section 233 . 66.365 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

66.365 Aids to municipalities; environmental damage compensation. The department of natural resources may make grants to any county, city, village or town for the acquisition or development of recreational lands and facilities from moneys appropriated under s. 20.370 (2) (dv). Use and administration of the grant shall be consistent with any court order issued under s. 147.23 283.87 (3). A county, city, village or town which receives a grant under this section is not required to share in the cost of a project under this section.

227,234 Section 234 . 66.46 (2) (am) of the statutes is amended to read:

66.46 (2) (am) “Environmental pollution" has the meaning given in s. 144.01 (3) 299.01 (4).

227,235 Section 235 . 66.521 (9) of the statutes is amended to read:

66.521 (9) Payment of taxes. When any industrial project acquired by a municipality under this section is used by a private person as a lessee, sublessee or in any capacity other than owner, that person shall be subject to taxation in the same amount and to the same extent as though that person were the owner of the property. Taxes shall be assessed to such private person using the real property and collected in the same manner as taxes assessed to owners of real property. When due, the taxes shall constitute a debt due from such private person to the taxing unit and shall be recoverable as provided by law, and such unpaid taxes shall become a lien against the property with respect to which they were assessed, superior to all other liens, except a lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81, and shall be placed on their tax roll when there has been a conveyance of the property in the same manner as are other taxes assessed against real property.

227,236 Section 236 . 66.606 (1) (a) 1. of the statutes is amended to read:

66.606 (1) (a) 1. Any special assessment or special charge levied under any authority by a responsible unit for the purpose of complying with s. 159.09 287.09 (2).

227,237 Section 237 . 66.606 (1) (a) 2. of the statutes is amended to read:

66.606 (1) (a) 2. Any charge made under any authority by any person acting under a contract with a responsible unit to provide a service required under s. 159.09 287.09 (2).

227,238 Section 238 . 66.606 (1) (b) of the statutes is amended to read:

66.606 (1) (b) “Responsible unit" has the meaning given in s. 159.01 287.01 (9).

227,239 Section 239 . 66.888 (1) (c) 3. c. of the statutes is amended to read:

66.888 (1) (c) 3. c. The need to maintain the consistency of any redefined boundary of the district with a regional water quality management plan established or approved under ss. 144.025 281.12 (1) and 147.25 283.83 or any facilities plan established and approved under s. 144.04 281.41.

Note: The cross-reference to s. 144.025 is qualified with the phrase “regional water quality management plan established or approved under" that statute. The portion of s. 144.025 related to the prevention and abatement of water pollution is in s. 144.025 (2) (a). Accordingly, the new cross-reference used in this bill [s. 281.12 (1)] is only to former s. 144.025 (2) (a), rather than to all provisions of former s. 144.025.

227,240 Section 240 . 66.892 (2) (a) and (d) of the statutes are amended to read:

66.892 (2) (a) Except as provided in pars. (b) to (d) and subject to s. 144.04 281.41, no commission may separate combined storm and sanitary sewers.

(d) Any person aggrieved by the decision of the commission to separate a combined storm and sanitary sewer may file a petition for judicial review in the circuit court for the county in which the district is located. Nothing in this paragraph affects any review under s. 144.04 281.41.

227,241 Section 241 . 66.894 (14) (g) of the statutes is amended to read:

66.894 (14) (g) Paragraphs (d) to (f) do not apply to any project which includes a solid waste disposal facility which requires an operating license under s. 144.44 (4) 289.31.

227,242 Section 242 . 66.902 (1) (a) 4. a. of the statutes is amended to read:

66.902 (1) (a) 4. a. Interfere with the district's ability to meet its obligations under a pollution discharge elimination permit or general permit issued under s. 147.02 283.31 or 147.023 283.35, or under an air pollution control permit issued under subch. III of ch. 144 285.

227,243 Section 243 . 66.902 (1) (e) of the statutes is amended to read:

66.902 (1) (e) If any person fails to comply with a rule of the district, the district may obtain an injunction under s. 823.02 or the district may initiate an action for the civil remedies under s. 147.21 283.91 (2) or (5). If the district acts under s. 147.21 283.91 (2) or (5), the district may recover the forfeiture in a civil action brought by the commission in the name of the district. Collected forfeitures shall be paid into the district's general fund. The forfeiture is in addition to and does not substitute for any damages recoverable by the commission.

227,244 Section 244 . 66.902 (2) (c) of the statutes is amended to read:

66.902 (2) (c) If the commission does not stay compliance and a person fails to comply with a special order of the district within the time specified, or if a person fails to begin in good faith to obey, the person is creating a public nuisance enjoinable under s. 823.02. The district may also initiate an action for the civil remedies under s. 147.21 283.91 (2) or (5). If the district acts under s. 147.21 283.91 (2) or (5), the forfeiture may be recovered by the district in a civil action brought by the commission in the name of the district. Collected forfeitures shall be paid into the district's general fund. The forfeiture is in addition to and does not substitute for any damages recoverable by the commission.

227,245 Section 245 . 66.904 (2) (a) of the statutes is amended to read:

66.904 (2) (a) Except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $7,500 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources under ch. 144 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.29.

Note: The cross-reference to ch. 144 is overly inclusive. Only current subch. II of ch. 144 relates to department of natural resources (DNR) approval of sewer plans. Therefore, the cross-reference is limited to those provisions of current ch. 144 which are contained in new ch. 281.

227,246 Section 246 . 66.905 (2) (a) of the statutes is amended to read:

66.905 (2) (a) From the amounts allocated for purposes of this section under s. 20.866 (2) (to), the district shall fund a development and training program for the purpose of developing the capability of minority businesses to participate in construction and construction-related projects funded under the combined sewer overflow abatement program under s. 144.242 281.63.

227,247 Section 247 . 66.905 (2) (b) of the statutes is amended to read:

66.905 (2) (b) From the amounts allocated for purposes of this section under s. 20.866 (2) (tc), the district shall fund a development and training program for the purpose of developing the capability of minority businesses to participate in construction and construction-related projects funded under the clean water fund program under ss. 144.241 281.58 and 144.2415 281.59.

227,248 Section 248 . 66.912 (5) of the statutes is amended to read:

66.912 (5) Review by public service commission. Except as provided under s. 66.899 (2), upon complaint to the public service commission by any user that charges, rules and practices under this section are unreasonable or unjustly discriminatory, according to the standards and criteria which the commission is required to follow under state or federal law, including, without limitation because of enumeration, this section, 33 USC 1251 et. seq. and ch. 147 283, or upon complaint of a holder of a revenue bond or other evidence of debt, secured by a mortgage on the sewerage system or any part thereof or pledge of the income of sewerage service charges, that charges are inadequate, the public service commission shall investigate the complaint. If sufficient cause therefor appears, the public service commission shall set the matter for a public hearing upon 10 days' notice to the complainant and the commission. After the hearing, if the public service commission determines that the charges, rules or practices complained of are unreasonable or unjustly discriminatory, it shall determine and by order fix reasonable charges, rules and practices and shall make such other order respecting such complaint as may be just and reasonable. The proceedings under this subsection shall be governed, as far as applicable, by ss. 196.26 to 196.40. The commission may submit the factual data, reports and analyses considered by it in establishing the charges, rules or practices subject to a complaint under this subsection. The public service commission shall give due weight to such data, reports and analyses. Judicial review of the determination of the public service commission may be had by any person aggrieved in the manner prescribed under ch. 227. If any user pays a charge and the public service commission or court, on appeal from the public service commission, finds such charge, after reviewing a complaint filed under this subsection, to be excessive, the district shall refund to the user the excess plus the interest thereon computed at the rate then paid by the district for borrowing funds for a term of one year or less.

227,249 Section 249 . 66.945 (14) (c) of the statutes is amended to read:

66.945 (14) (c) Where less than one-half of the land within a county is within a region, the chairperson of the regional planning commission shall before August 1 of each year certify to the clerk of the local governmental unit involved a statement of the proportionate charges assessed to that local governmental unit. Such clerk shall extend the amount shown in such statement as a charge on the tax roll under s. 144.07 281.43 (2).

227,250 Section 250 . 67.04 (5) (b) 2. of the statutes is amended to read:

67.04 (5) (b) 2. To fund a capital cost loan under s. 144.241 281.58 or 144.2415 281.59.

227,251 Section 251 . 67.12 (1) (b) of the statutes is amended to read:

67.12 (1) (b) Any municipality may issue municipal obligations in anticipation of receiving proceeds from clean water fund loans or grants for which the municipality has received a notice of financial assistance commitment under s. 144.241 281.58 (15), from bonds or notes the municipality has authorized or has covenanted to issue under this chapter or from grants that are committed to the municipality. Any municipal obligation issued under this paragraph may be refunded one or more times. Such obligation and any refundings thereof shall be repaid within 5 years after the original date of the original obligation.

227,252 Section 252 . 67.12 (12) (a) of the statutes is amended to read:

67.12 (12) (a) Any municipality may issue promissory notes as evidence of indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not limited to paying any general and current municipal expense, and refunding any municipal obligations, including interest on them. Each note, plus interest if any, shall be repaid within 10 years after the original date of the note, except that notes issued under this section for purposes of ss. 144.241 281.58 and 144.2415 281.59, or to raise funds to pay a portion of the capital costs of a metropolitan sewerage district, shall be repaid within 20 years after the original date of the note.

227,253 Section 253 . 70.01 of the statutes is amended to read:

70.01 General property taxes; upon whom levied. Taxes shall be levied, under this chapter, upon all general property in this state except property that is exempt from taxation. Real estate taxes and personal property taxes are deemed to be levied when the tax roll in which they are included has been delivered to the local treasurer under s. 74.03. When so levied such taxes are a lien upon the property against which they are charged. That lien is superior to all other liens, except a lien under s. 144.442 (9) 292.31 (8) (i), 144.76 (13) or 144.77 292.41 (6) (d) or 292.81, and is effective as of January 1 in the year when the taxes are levied. Liens of special assessments of benefits for local improvements shall be in force as provided by the charter or general laws applicable to the cities that make the special assessments. In this chapter, unless the context requires otherwise, references to “this chapter" do not include ss. 70.37 to 70.395.

227,254 Section 254 . 70.11 (21) (a) of the statutes is amended to read:

70.11 (21) (a) All property purchased or constructed as a waste treatment facility used for the treatment of industrial wastes as defined in s. 144.01 281.01 (5) or air contaminants as defined in s. 144.30 285.01 (1) but not for other wastes as defined in s. 144.01 (8) 281.01 (7) and approved by the department of revenue for the purpose of abating or eliminating pollution of surface waters, the air or waters of the state if that property is not used to grow agricultural products for sale. For the purposes of this subsection “industrial waste" also includes wood chips, sawdust and other wood residue from the paper and wood products manufacturing process that can be used as fuel and would otherwise be considered superfluous, discarded or fugitive material. The department of natural resources and department of health and family services shall make recommendations upon request to the department of revenue regarding such property. All property purchased or upon which construction began prior to July 31, 1975, shall be subject to s. 70.11 (21), 1973 stats.

227,255 Section 255 . 70.32 (1m) of the statutes is amended to read:

70.32 (1m) In addition to the factors set out in sub. (1), the assessor shall consider the impairment of the value of the property because of the presence of a solid or hazardous waste disposal facility or because of environmental pollution, as defined in s. 144.01 (3) 299.01 (4).

227,256 Section 256 . 70.375 (1) (as) and (bm) of the statutes are amended to read:

70.375 (1) (as) “Mine" means an excavation in or at the earth's surface made to extract metalliferous minerals for which a permit has been issued under s. 144.85 293.49.

(bm) “Mining-related purposes" means activities which are directly in response to the application for a mining permit under s. 144.85 293.37; directly in response to construction, operation, curtailment of operation or cessation of operation of a metalliferous mine site; or directly in response to conditions at a metalliferous mine site which is not in operation. “Mining-related purposes" also includes activities which anticipate the economic and social consequences of the cessation of mining. “Mining-related purposes" also includes the purposes under s. 70.395 (2) (g).

227,257 Section 257 . 70.375 (4) (h) of the statutes is amended to read:

70.375 (4) (h) The cost of premiums for bonds required under s. 144.86 293.51.

227,258 Section 258 . 70.375 (4) (o) of the statutes is amended to read:

70.375 (4) (o) Actual and necessary reclamation and restoration costs associated with a mine in this state, including payments for future reclamation and postmining costs which are required by law or by department of natural resources order and fees and charges under ch. 144 chs. 281, 285 or 289 to 299, except s. 281.48, not otherwise deductible under this section. Any refunds of escrowed or reserve fund payments allowed as a deduction under this paragraph shall be taxed as net proceeds at the average effective tax rate for the years the deduction was taken.

227,259 Section 259 . 70.38 (2) of the statutes is amended to read:

70.38 (2) Combined reporting. If the same person extracts metalliferous minerals from different sites in this state, the net proceeds for each site for which a permit has been issued under s. 144.85 293.49 shall be reported separately for the purposes of computing the amount of the tax under s. 70.375 (5).

227,260 Section 260 . 70.395 (2) (dc) 1. of the statutes is amended to read:

70.395 (2) (dc) 1. Each person intending to submit an application for a mining permit shall pay $50,000 to the department of revenue for deposit in the investment and local impact fund at the time that the person notifies the department of natural resources under s. 144.831 293.31 (1) of that intent.

227,261 Section 261 . 70.395 (2) (dc) 4. and (fm) of the statutes are amended to read:

70.395 (2) (dc) 4. Six months after the signing of a local agreement under s. 144.839 293.41 for the proposed mine for which the payment is made, the board shall refund any funds paid under this paragraph but not distributed under par. (fm) from the investment and local impact fund to the person making the payment under this paragraph.

(fm) The board may distribute a payment received under par. (dc) to a county, town, village, city, tribal government or local impact committee authorized under s. 144.839 293.41 (3) only for legal counsel, qualified technical experts in the areas of transportation, utilities, economic and social impacts, environmental impacts and municipal services and other reasonable and necessary expenses incurred by the recipient that directly relate to the good faith negotiation of a local agreement under s. 144.839 293.41 for the proposed mine for which the payment is made.

227,262 Section 262 . 70.395 (2) (h) 1. of the statutes is amended to read:

70.395 (2) (h) 1. Distribution shall first be made to those municipalities in which metalliferous minerals are extracted or were extracted within 3 years previous to December 31 of the current year, or in which a permit has been issued under s. 144.85 293.49 to commence mining;

227,263 Section 263 . 70.395 (2) (hg), (hr) and (hw) of the statutes are amended to read:

70.395 (2) (hg) The board shall, by rule, establish fiscal guidelines and accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub. (3) and s. 144.855 293.65 (5).

(hr) The board shall, by rule, establish procedures to recoup payments made, and to withhold payments to be made, under pars. (d), (f), (fm) and (g), sub. (3) and s. 144.855 293.65 (5) for noncompliance with this section or rules adopted under this section.

(hw) A recipient of a discretionary payment under par. (f) or (g), sub. (3) or s. 144.855 293.65 (5) or any payment under par. (d) that is restricted to mining-related purposes who uses the payment for attorney fees may do so only for the purposes under par. (g) 6. and for processing mining-related permits or other approvals required by the municipality. The board shall recoup or withhold payments that are used or proposed to be used by the recipient for attorney fees except as authorized under this paragraph. The board may not limit the hourly rate of attorney fees for which the recipient uses the payment to a level below the hourly rate that is commonly charged for similar services.

227,264 Section 264 . 70.395 (2) (j) of the statutes is amended to read:

70.395 (2) (j) Prior to the beginning of a fiscal year, the board shall certify to the department of administration for payment from the investment and local impact fund any sum necessary for the department of natural resources to make payments under s. 144.441 (6) (d) 289.68 (3) for the long-term care of mining waste sites, if moneys in the waste management fund are insufficient to make complete payments during that fiscal year, but this sum may not exceed the balance in the waste management fund at the beginning of that fiscal year or 50% of the balance in the investment and local impact fund at the beginning of that fiscal year, whichever amount is greater.

227,265 Section 265 . 70.395 (2) (k) of the statutes is amended to read:

70.395 (2) (k) Prior to the beginning of each fiscal year, the board shall certify to the department of administration for payment from the investment and local impact fund any sum necessary for the department of natural resources to make payments under s. 144.442 292.31 for the environmental repair of mining waste sites, if moneys in the environmental fund that are available for environmental repair are insufficient to make complete payments during that fiscal year. This sum may not exceed the balance in the environmental fund at the beginning of that fiscal year or 50% of the balance in the investment and local impact fund at the beginning of that fiscal year, whichever amount is greater.

227,266 Section 266 . 70.995 (2) (z) of the statutes is amended to read:

70.995 (2) (z) Hazardous waste treatment facility, as defined in s. 144.61 (14) 291.01 (22), unless exempt under s. 70.11 (21).