In addition, the authority is authorized, with any other person, to establish, govern and participate in the operation and financing of any entity that provides health-related services, as well as provide administrative and financial services to any such entity. Such an entity is not subject to state control or oversight and is not required to be subject to authority control or oversight.
Under the bill, the authority is required to submit annually an audited financial statement and a report of the authority's activities and accomplishments to the governor, legislature, secretary of administration and the president of the board of regents; to develop and implement a personnel structure and employment policies; to obtain liability and property insurance; to contract for legal services; and to establish the authority's annual budget and monitor the fiscal management of the authority.
The bill grants the authority the power to issue bonds for any corporate purpose. In order to issue bonds under the bill, the authority must authorize the bond issuance in a bond resolution, specifying certain terms and conditions relating to the bonds. Among other things, the bond resolution may contain provisions regarding: 1) pledging or assigning specified assets or revenues of the authority; 2) setting aside reserves or sinking funds; 3) limitations on the purpose to which or the investments in which the proceeds of a bond issue may be applied; 4) the terms upon which additional bonds may be issued and secured and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds; 5) funding, refunding, advance refunding or purchasing outstanding bonds; 6) procedures for amending any contract with the bondholders; and 7) default provisions. The bond resolution may not provide for a term of more than 30 years and is required to provide that the bonds be payable in the lawful money of the United States. Bonds issued by the authority under the bill are not a debt of the state and do not obligate the state to levy any tax or make any appropriation for payment of the bonds. Under the bill, the state pledges that it will not limit or alter the rights vested in the authority under the bill before the authority has fully performed its contracts and has fully met and discharged its bonds, unless adequate provision is made by law for the protection of bondholders or those persons entering into contracts with the authority. In addition to provisions regarding bond issuance and security, the bill contains a number of other provisions relating to bonds issued by the authority. The bill authorizes certain state funds to be invested in bonds issued by the authority and authorizes certain regulated financial institutions to invest in those bonds. The bill contains provisions regarding the funding and refunding of bonds issued by the authority.
In addition to issuing bonds, the authority may seek financing from, and incur indebtedness to, the Wisconsin Health and Educational Facilities Authority (WHEFA), which provides financing to "health facilities". The bill allows WHEFA to provide financing to the authority. Both issuance of bonds and the incurrence of indebtedness to WHEFA is subject to a dollar limitation. The authority may not incur indebtedness to WHEFA or issue bonds if, after the bonds are issued or the indebtedness is incurred, the amount of all outstanding bonds and indebtedness exceeds $90,000,000. Bonds or indebtedness issued to refund outstanding bonds or indebtedness are not included in calculating compliance with the $90,000,000 limit.
Currently, some employes of the UWHC are employed in the state classified service while others are employed in the unclassified service. Positions in the classified service are publicly advertised and filled in accordance with merit and fitness. All employes receive paid holidays, holiday compensatory time off, paid sick leave, unpaid leaves of absence, military leave, jury service leave, voting leave, retirement benefits and health and other group insurance benefits except that limited term employes do not receive some of these benefits. For employes in the classified service, other than limited term, project, supervisory, managerial and confidential employes, these terms and conditions of employment are subject to modification by any applicable collective bargaining agreement. In addition, employes in the classified service who have successfully completed a probationary period may not be removed, suspended without pay, disciplined, reduced in pay or demoted without just cause. Employes in the classified service who serve in academic staff positions are afforded similar protections during the terms of their contracts (usually one year). The compensation of UWHC employes is established under applicable collective bargaining agreements for represented employes and under the state compensation plan or the UW faculty and academic staff compensation plan, for nonrepresented employes, as recommended by the secretary of employment relations and approved by the joint committee on employment relations, subject to certain individual salary-setting authority granted to the board of regents in the case of unclassified employes.
This bill requires the authority, by July 1, 1996, to offer employment to each person who is employed at the UWHC on June 30, 1996 and authorizes the authority to employ such additional persons as it requires. The bill requires the authority to make decisions about hiring and promoting employes according to merit and fitness. The bill also allows the authority to determine the compensation, vacation, sick leave and other benefits that are to be provided to employes, except that the authority's determination of compensation, vacation, sick leave and other benefits, from July 1, 1996, to June 30, 1997, is subject to: 1) any collective bargaining agreement that covers the employes; 2) the requirement that, for employes of the authority who were employed by UWHC immediately before becoming employes of the authority, the authority must provide compensation and certain benefits at a level that is at least as favorable as that provided to the employes as of the last day of their employment with UWHC or, if applicable, the last day on which a collective bargaining agreement covering the employes is in effect; and 3) the requirement that, for employes of the authority who are not former UWHC employes and are first hired between July 1, 1996, and June 30, 1997, but who are not covered by a collective bargaining agreement, the authority must provide the same rights, benefits and compensation as are provided to former UWHC employes who hold positions at the authority with similar duties and who are not covered by a collective bargaining agreement. The compensation and benefits that must be provided to these employes at this minimum level include paid holidays, holiday compensatory time off, paid sick leave, unpaid leave of absence, military leave, jury service leave, voting leave, retirement benefits and health and other group insurance plans. Finally, under current law employes of UWHC who are involved in the supervision and care of patients must be given hazardous employment pay. This bill requires the authority to provide, until July 1, 1997, hazardous employment pay to employes of the authority involved in the supervision and care of patients.
The bill provides that employes of the authority who were employed by UWHC in the classified service immediately prior to becoming employes of the authority may not be removed, suspended without pay, discharged, reduced in pay or demoted without just cause from July 1, 1996, to June 30, 1997. Employes of the authority who were employed by UWHC in academic staff appointments are granted the same procedural guarantees from July 1, 1996, to June 30, 1997, that they enjoyed while employed by UWHC.
Currently, state employes in the classified service who separate from the service for reasons other than discharge have certain reinstatement rights within 3 years after their separation from the service. In addition to these rights, the bill grants employes of the authority who were employed by UWHC in classified positions certain transfer rights that would be available to them if they were state employes during the period from July 1, 1996, to June 30, 1997. Both rights are accorded subject to any applicable collective bargaining agreement.
Currently, those employes of the UW System who are assigned to UWHC and who hold positions in the classified service, except management employes and confidential employes, are covered under the state employment labor relations act (SELRA). Under SELRA, those employes are expressly guaranteed the right of self-organization and the right to engage in lawful, concerted activities for the purpose of collective bargaining. Collective bargaining is expressly authorized and required exclusively with certified representative organizations in relation to salaries, fringe benefits, hours and conditions of employment, except that supervisors may bargain collectively concerning wages and fringe benefits only. Bargaining is not required on certain subjects reserved to the management and direction of the university, except that procedures for the adjustment of grievances arising out of disciplinary actions are a mandatory subject of bargaining. In addition, bargaining is not permitted regarding the mission of the university. Bargaining units are structured on a statewide basis, with employes performing different functions assigned to different units. Employes in the units have the right to vote in an election conducted by the employment relations commission as to whether there shall be collective bargaining and if so, with which representative. Responsibilities of the state as an employer are handled by the department of employment relations (DER). Unfair labor practices are established, applicable to the state and to labor unions representing employes. The commission adjudicates unfair labor practice complaints and may mediate disputes and arbitrate grievances. Strikes are expressly prohibited. No compulsory means of dispute settlement are provided. "Fair-share" (agency shop) and "maintenance of membership" agreements are authorized whereby the costs of collective bargaining and contract administration may be deducted from the wages of employes under certain conditions.
This bill extends coverage of SELRA to employes of the authority, other than management and confidential employes, who serve in positions that would be included in the classified service if the employes were state employes until July 1, 1997. The employes are included in the same collective bargaining units in which they would be included if they were state employes. On and after July 1, 1997, no employment relations act applies to these employes under the bill. Although the employes may organize and join labor unions, the authority is not required to recognize or bargain collectively with them by statute and no right to exclusive representation exists. The commission has no authority to conduct elections, mediate disputes, arbitrate grievances or adjudicate alleged unfair labor practices involving the employes and their employer. Strikes are not expressly prohibited. While union members may have union dues deducted from their wages by the authority, neither fair-share nor maintenance of membership agreements are permitted.
The bill provides that the authority is a participating employer in the Wisconsin retirement system (WRS) from July 1, 1996, to June 30, 1997. As such, its employes may participate in the WRS and are eligible for other benefits administered by the department of employe trust funds, such as unused sick leave conversion programs, health care coverage, income continuation insurance, life insurance, deferred compensation plan and employe-funded reimbursement accounts during the July 1, 1996, to June 30, 1997, period. The authority is also authorized to elect to become a participating employer in the WRS after June 30, 1997.
Because the authority is not a state agency, numerous laws that are applicable to state agencies do not apply to the authority. However, the authority is considered a state agency for purposes of some laws. The authority is treated like a state agency in the following respects, among others: 1) it must adhere to the open records and open meetings laws; 2) it is subject to auditing by the legislative audit bureau and review of its performance by the joint legislative audit committee; 3) it is subject to the lobbying regulation law to the same extent as state agencies (state agencies are exempted from certain provisions); 4) the members of its board of directors and its chief executive officer are subject to the code of ethics for state public officials and the board is instructed to prescribe a code of ethics for its other employes; 5) it is exempt from the sales and use tax and, with respect to property leased to the authority under the lease agreement, from the property tax; 6) it must pay special assessments for local improvements; 7) it is governed by state minimum wage and hour and family and medical leave laws; 8) it is subject to worker's compensation and unemployment compensation laws; 9) it is subject to the historic preservation law; 10) public employe occupational safety and health laws apply to the authority; 11) it is subject to the law permitting members of the public to make reasonable use of state facilities for civic, social or recreational activities; and 12) it is subject to laws restricting employers from testing employes and prospective employes for human immunodeficiency virus (HIV) or an antibody to HIV.
Under the bill, the authority is governed by procedures currently applicable to UWHC that impose limits on hospital charges.
The authority is unlike a state agency in many other ways, including: 1) it approves its own budget without participation by the governor, DOA, the joint committee on finance (JCF) or the legislature; 2) it may create or abolish its own positions without approval by the governor, JCF or the legislature; 3) it is not subject to statutory rule-making procedures, including requirements for legislative review of proposed rules; 4) it keeps its operating funds in its own accounts outside of the state treasury and invests its funds independently of the investment board, except that it may deposit moneys with the investment board for investment as a part of the local government pooled-investment fund; 5) it is exempt from preaudit or postaudit of its expenditures by DOA; 6) it may accept federal aid directly without approval by the governor; 7) laws requiring minimum wages and hours on public works projects do not apply to construction projects undertaken by the authority; 8) the law requiring environmental impact statements concerning certain proposed actions does not apply to the authority; 9) it is not covered by the public records preservation law; 10) the department of justice does not represent the authority and the authority may instead retain its own counsel (state agencies are not generally authorized to retain their own counsel without the governor's approval); 11) it is not governed by recycling requirements applicable to state agencies; 12) it does not share the state's immunity from most legal actions; 13) it is exempt from rules of DOA governing surveillance of state employes; 14) it is not subject to laws governing state printing; 15) requirements to purchase and store gasohol and alternative fuels do not apply to the authority; 16) it is not subject to laws prohibiting reprisals against employes for disclosure of certain information ("whistle-blowing") or prohibiting political activities by state employes while engaged in official duties; 17) a law prohibiting certain multiple employment or retention by the state does not apply to the authority; 18) interest on bonds issued by the authority is subject to state income tax; and 19) the liability coverage of the state does not cover acts or omissions of its officers, employes and agents.
Concerning procurement, the authority is not covered by the law which requires, with certain exceptions, purchasing by open competitive bidding or negotiated competitive proposals, by the law which requires state agencies in the executive branch to make purchases through DOA nor by requirements to purchase certain computer services from DOA, by laws requiring the purchase of products made from recycled or recovered materials, by requirements to make purchases on the basis of life-cycle costs, by requirements to purchase certain materials from prison industries and work centers for the severely handicapped and to do certain business with minority-owned enterprises, or by the laws requiring payment of interest on late payments to vendors and requiring the purchase of materials procured from Wisconsin-based businesses and materials manufactured in the United States. The authority is subject to nondiscrimination requirements in procurement. Under the bill, the authority may, with the consent of DOA, purchase materials, supplies, equipment or services from the UW System by mutual consent or may enter into cooperative purchasing arrangements with the UW System. Purchases by or through the UW System are generally subject to all state procurement laws.
Other University of Wisconsin System
This bill imposes a freeze upon salary increases granted to incumbents in certain administrative positions at the UW System during the period beginning on the date on which the bill becomes law and ending on June 30, 1997. Under the proposal, the salary paid to the incumbent in an affected position during this period may not exceed an annualized rate of $100,000 or the annualized salary paid to the incumbent in the same position on January 1, 1995, whichever is greater. The freeze does not apply to any salary increase that is granted under the state compensation plan before July 1, 1995, or by the board of regents of the UW System before February 1, 1995.
Currently, the salaries for these positions are set by the board of regents subject to limitations set forth in the state compensation plan.
Under current law, the board of regents of the UW System may invest not more than 75% of the trust funds held and administered by the board in common stocks. This bill increases the allowable percentage to 85%.
Current law authorizes the board of regents of the UW System to use balances in program revenue appropriations as contingent funds for the payment of miscellaneous expenses if immediate payment is necessary, but not exceeding a total of $4,000,000.
This bill authorizes the board of regents to use balances in program revenue appropriations as contingent funds for the payment of miscellaneous expenses only if DOA determines that immediate payment is necessary. In addition, the daily balance of the contingent funds may not exceed $3,000,000 and total disbursements from the funds may not exceed $100,000,000 in any fiscal year.
Current law appropriates general purpose revenue and academic student fees to the board of regents of the UW System for laboratory modernization. The appropriations are set to expire at the end of the 1995-96 fiscal year. This bill eliminates the expiration date.
This bill modifies the appropriation to the board of regents of the UW System for nonincome sports. Currently, $481,900 annually from moneys received from parking for all events at athletic facilities at UW-Madison is appropriated; this bill appropriates all moneys received from the sale of parking provided for all events at athletic facilities at the UW-Madison, less related expenses. The bill also allows the funds to be used for debt service on any sports-related facility.
With certain specified exceptions, current law prohibits the furnishing of complimentary or reduced-price tickets to any UW System athletic event for which an admission fee is normally charged. One of the exceptions is for complimentary or reduced-price tickets required by rules of intercollegiate athletic conferences in which the UW System participates.
This bill modifies that exception. The bill allows complimentary and reduced-price tickets if such tickets are permitted by rules of intercollegiate athletic conferences in which the UW System participates and if the chancellor of the institution participating in the athletic event has approved the furnishing of such tickets.
Other educational and cultural agencies
Currently, HEAB administers the academic excellence higher education scholarship program. The program awards higher education scholarships for up to 4 years to certain students who had the highest grade point averages in their high schools.
This bill establishes a maximum amount for a scholarship under the program of $3,000 per academic year. The bill also requires the program and its scholarship recipients to be referred to as the governor's academic excellence higher education scholarship program and governor's scholars, respectively, in all printed material disseminated or otherwise distributed by HEAB.
Under current law, HEAB administers a stipend loan program for resident nursing students, a minority teacher loan program, a minority undergraduate retention grant program and a program to award grants to resident students who are currently recipients of aid to families with dependent children (AFDC).
This bill provides that HEAB may not award any original grants or loans under these programs, except for minority undergraduate retention grants to students enrolled at private, nonprofit institutions of higher education in this state.
This bill eliminates the higher educational aids board (HEAB) effective July 1, 1996, and transfers all functions of HEAB to DOE. On the same date, the bill also transfers all functions of the educational approval board (EAB) (currently attached to the technical college system board) to DOE and transfers EAB itself to DOE as an advisory council.
Beginning in the 1997-98 fiscal year, this bill directs the board of regents of the UW System annually to transfer to the state historical society an amount equal to 33% of the cost of acquisitions for and operation of the historical society library, or $515,000 (adjusted annually for inflation), whichever is greater. The 2 agencies may agree to transfer a higher amount. In each of the 1995-96 and 1996-97 fiscal years, the board of regents must transfer $515,000.
The bill also permits the state historical society to collect a fee for use of the historical society library. Any member of the state historical society, any member of the faculty or academic staff of the UW System and any student enrolled in the UW System is exempt from such fees.
Current law establishes a schedule of fees to be collected by the state historical society for admission to the following historic sites: Old World Wisconsin, Madeline Island, Pendarvis, Stonefield Village, Villa Louis and Old Wade House. The historical society is prohibited from collecting any group child admission fee for admission to any historic site owned and operated by the historical society.
This bill eliminates the fee schedule and the prohibition on group child admission fees. The historical society may establish and collect a fee for admission to these historic sites.
Under current law, the historical society operates the Wesley W. Jung Carriage Museum located at Old Wade House state park. This bill requires the department of natural resources (DNR) to transfer title to Old Wade House state park, including the Wesley W. Jung Carriage Museum, to the historical society on July 1, 1996.
Effective July 1, 1996, this bill transfers the transmission and engineering functions of the educational communications board (ECB) to DOA. The bill permits the secretary of administration to transfer FTE positions in ECB performing duties that are primarily related to the transmission and engineering functions, together with the incumbents in those positions, to DOA on that date, and requires the secretary to submit a plan to the chairpersons of JCF for the transfer of other FTE positions in ECB performing those duties, to become effective no later than July 1, 1997. Upon submittal, DOA may implement the plan.
The bill also requires ECB and DOA to enter into an affiliation agreement with the board of regents of the UW System with respect to broadcasting station WHA and WHA-TV. The bill does not transfer any programmatic responsibilities of ECB.
This bill creates a Wisconsin regranting program to be administered by the arts board. Under the program, the arts board awards grants to local arts agencies and municipalities. The bill requires a matching fund contribution from a grantee equal to the amount of the grant awarded under the program.
Under current law, the arts board is attached to DOA. This bill transfers the arts board to the department of tourism and parks, as created by the bill.
Current law directs the state technical college system board to develop a program relating to recycling. This bill eliminates this duty.
Employment
Currently, the employment relations commission is authorized, and directed in some cases, to attempt to mediate labor disputes in private, local government and state employment. During mediation, the mediator attempts to identify and narrow differences between the parties and to encourage a voluntary settlement of the dispute. The commission employs staff members for the purpose of providing mediation services, which are available at state expense.
This bill prohibits any officer or employe of the commission from engaging in mediation or facilitating mediation of a labor dispute by any other person. Under the bill, the parties to a labor dispute may retain any person other than an officer or employe of the commission to provide mediation services. The cost of those services is divided equally between the parties. In labor disputes involving local government or state employment, the bill requires each party or the parties jointly to notify the commission in writing of the name and address of any mediator who is retained by the parties.
This bill directs the employment commission, as created by this bill, to study its procedures, recommend ways to streamline its operations and report its findings and recommendations to the secretary of administration by October 31, 1996. See also STATE GOVERNMENT, STATE EMPLOYMENT.
Under current law, various state agencies administer various state and federal employment and education programs. This bill consolidates oversight over those programs under the governor's council on workforce excellence which is created by the bill. The bill requires the council, consisting of the heads of the state agencies responsible for administering employment and education programs and representatives of the public school system, 4-year postsecondary educational institutions, technical college districts, community-based organizations that provide employment training, business and industry and organized labor, to:
1. Identify the workforce development needs of the state and recommend goals for meeting those needs and steps for meeting those goals.
2. Recommend a strategic plan for coordinating the provision of services and the allocation of funding and resources under the various state and federal employment and education programs.
3. Monitor the provision of those services and the allocation of that funding and those resources and evaluate the effectiveness of those programs in meeting the state's workforce development needs.
4. Recommend the seeking of waivers of federal laws, regulations or policies that impede the effectiveness or coordination of those employment and education programs.
5. Recommend occupations for the youth apprenticeship program and skill standards for the school-to-work program.
The bill further consolidates the state's employment and education programs by:
1. Directing the council to prepare, by January 15, 1996, a plan that terminates other state advisory bodies that are duplicative of the council or whose duties and responsibilities can be taken over by the council and a plan that reorganizes all substate boundaries for the local administration of employment and education programs so that those boundaries are contiguous with the technical college district boundaries.
2. Directing the department of industry, labor and human relations (DILHR) to prepare, by February 15, 1996, a plan that structures the new functions and personnel of DILHR, as affected by this bill.
3. Upgrading the office of workforce excellence in DILHR, which currently coordinates and implements DILHR's workforce excellence initiatives, to the division of workforce excellence and expanding the duties of that new division to include planning, coordinating, administering and implementing the youth apprenticeship program, under which young people receive classroom and on-the-job training in skilled trades, and the school-to-work program, under which young people receive training in the skills necessary to make the transition from school to work.
4. Terminating the youth apprenticeship council and assigning the duties of that council to the council on workforce excellence.
Currently, a school district is required to bargain collectively in good faith with the majority representative of its employes in a collective bargaining unit concerning the wages, hours and conditions of employment of the employes.
This bill provides that a school district is not required to bargain collectively concerning any decision to create a performance recognition plan or concerning the amount of any performance recognition award made under such a plan (see also EDUCATION, PRIMARY AND SECONDARY EDUCATION).
The bill also provides that a school district is prohibited from bargaining collectively with respect to reassignment of employes, with or without regard to seniority, resulting from the decision of the school board to contract with an individual or group to operate a school as a charter school, as authorized by the bill, or to convert a school to a charter school, or with respect to the impact of any such decision on the wages, hours or conditions of employment of the employes who perform services for the school district; and, in the Milwaukee Public Schools, the reassignment of employes, with or without regard to seniority, resulting from the decision of the school board to close or reopen a school, the decision of the school board to contract for the management or operation of a school, or the decision of the school board to contract with a nonprofit, private school or agency to provide educational programs, or the impact of any of these decisions on the wages, hours and conditions of employment of the employes in the school district.
Currently, subject to certain limitations, the employment relations commission decides which employes of a school district shall be included in the same collective bargaining unit with other employes of the school district, but the commission is directed to avoid fragmentation of units. This bill provides that, upon request of 30% of the professional employes of a school district who perform any services at a charter school, the commission must conduct an election for the purpose of permitting the employes to decide whether they wish to be represented in a separate collective bargaining unit from any unit that includes other employes of the school district. If a majority of the employes voting in the election decide to be represented in a separate unit, the commission must place the employes in such a unit (see also EDUCATION, PRIMARY AND SECONDARY EDUCATION).
Environment
Water quality
Under the clean water fund program, this state provides financial assistance to local governments for projects related to the control of water pollution, including sewage treatment plants. Under current law, the department of natural resources (DNR) and the department of administration (DOA) administer the clean water fund program. This bill increases the amount of general obligation bonds that the state may issue for the clean water fund program. The bill also establishes the present value of the subsidies for clean water fund assistance that may be provided in the 1995-97 biennium.
Under current law, the clean water fund program may not provide below market rate (subsidized) financing for the portion of a project that treats waste from industrial users. This bill eliminates that restriction.
Currently, the clean water fund program provides financial hardship assistance to certain communities to further reduce the costs of financing water pollution control projects. Generally, clean water fund program financial assistance is provided in the form of a below-market interest rate loan; however, hardship assistance may be provided in the form of a grant. Under this bill, clean water fund hardship assistance may only be provided in the form of a no-interest loan.
The bill also changes the eligibility criteria for clean water fund hardship assistance. Currently, eligibility for clean water fund hardship assistance is based on the level of wastewater treatment charges in a community compared to adjusted gross income and property values in the community, per capita adjusted gross income in the community compared to per capita adjusted gross income in this state and the average equalized value of a parcel of improved residential property in the community compared to the average equalized value of a parcel of improved residential property in this state. Under the bill, a municipality is eligible for clean water fund hardship assistance if both of the following apply:
1. The median household income in the municipality is 80% or less of the median household income in this state.
2. The estimated total annual charges per residential user in the municipality that relate to wastewater treatment would exceed 2.5% of the median household income in the municipality in the absence of hardship assistance.
The current eligibility criteria for hardship assistance continue to apply to municipalities that received hardship assistance for project planning and design during fiscal years 1991 to 1995 or whose construction projects appeared on the 1993, 1994 or 1995 hardship funding list.
Current law earmarks 18% of the total amount of subsidy available under the clean water fund program in a state fiscal biennium for hardship assistance, 74% of the total subsidy for ordinary clean water fund program projects and 8% for additional costs associated with approved clean water fund program projects. This bill eliminates the earmarking of clean water fund subsidy, but provides that during the 1995-97 biennium the total value of subsidies used to provide hardship assistance may not exceed $9,600,000.
In addition, the bill makes a number of changes in the process for obtaining financial assistance under the clean water fund program and transfers some clean water fund program administrative responsibilities from DNR to DOA. Under current law, the clean water fund program has an annual funding cycle. Under this bill, funding decisions are made on a continuing basis. Under current law, if there is insufficient funding for all eligible projects during a fiscal year, funding is distributed using a priority ranking established by DNR. Under this bill, funding is distributed in the order in which projects are ready to be constructed. If no funding is available for a project when it is ready to be constructed, DOA places the project on a list to be funded when funding is available.
Current law requires DNR and DOA jointly to prepare 3 versions of a biennial finance plan for the clean water fund program. Under this bill, DNR and DOA prepare amendments to the biennial finance plan to reflect the biennial budget bill and the biennial budget act, rather than new versions of the plan. The bill also eliminates requirements that the biennial finance plan include certain information. The bill requires the biennial finance plan to include audited financial statements of the clean water fund program.
Under current law, DNR is required to complete plans to implement the nonpoint source water pollution abatement program (which provides financial assistance for measures to reduce water pollution from diffuse sources) in priority watersheds (those watersheds in which the need for nonpoint source pollution abatement is most critical) by December 31, 2000. This bill changes the date by which the plans must be completed to December 31, 2015.
This bill reduces the amount of general obligation bonding that may be incurred for the nonpoint source program by $4,000,000. The bill increases the amount of general obligation bonding that may be incurred for environmental cleanups in or adjacent to the Great Lakes by $4,000,000.
Current law prohibits the building commission from incurring over $15,500,000 in general obligation bonding for the nonpoint source program without the approval of the secretary of administration and the joint committee on finance. This bill eliminates that prohibition.
Under current law, DNR provides lake management planning grants to provide information on the quality of water in lakes and to aid in the selection of projects to improve water quality. This bill adds nonprofit conservation organizations as eligible recipients of lake management planning grants.
Under current law, DNR provides lake management grants to improve or protect the quality of water in lakes. This bill eliminates the current $100,000 maximum amount for a lake management grant.
Air quality
Under current law, the operators of certain stationary sources of air pollution are required to obtain air pollution control permits from DNR. This bill expands some of the provisions relating to air pollution control permits that currently apply only to existing sources (those on which construction began on or before November 15, 1992, and that have not been modified since that date) so that the provisions also apply to new and modified sources (those on which construction or modification began after November 15, 1992). One of these provisions authorizes DNR, under specified circumstances, to issue an operation permit for a source of air pollution that will not be able to comply with the terms of the permit at the time that the permit is issued.
The bill also authorizes DNR to deny an application for renewal of an operation permit for a stationary source that is in violation of its current operation permit.
In addition, the bill authorizes a person who owns a new or modified source for which the person received an air pollution permit under former law, before November 15, 1992, to continue to operate the new or modified source under that permit but requires the person to apply for an operation permit under current law no later than March 1, 1996.
DNR awards grants to the owners of gasoline stations to pay for a portion of the costs of installing equipment to recover vapors that are released when gasoline is pumped into a motor vehicle. The grants are available only for stations located in an area of this state where federal standards for ozone pollution are exceeded. Under current law, DNR may not make vapor recovery grants after June 30, 1995, or the day after publication of the 1995-97 budget act, whichever is later. This bill allows DNR to make vapor recovery grants until December 31, 1995. This bill also expands the vapor recovery grant program so that gasoline dispensing facilities that are not retail gasoline stations but that are located in ozone nonattainment areas and are required to install vapor recovery systems are eligible for grants.
Solid and hazardous waste; environmental cleanup
This bill eliminates the radioactive waste review board, the radioactive waste policy council and the radioactive waste technical council. The bill transfers the responsibilities of the radioactive waste review board, which concern proposals related to the long-term disposal of highly radioactive waste, to the public service commission, except that the bill eliminates a requirement to provide educational programs concerning highly radioactive waste.
Under the current hazardous substance spills law, administered by DNR, a person who possesses or controls a hazardous substance or who causes the discharge of a hazardous substance is required to inform DNR of the discharge and to take the actions necessary to restore the environment to the extent practicable. DNR may issue an order requiring a person to fulfill the duty to restore the environment. If a person required to remedy the environmental damage caused by a hazardous substance discharge is not fulfilling that duty or if the identity of the person is unknown, DNR may dispose of the substance or take other emergency action that DNR considers appropriate.
Currently, under the petroleum storage remedial action program (commonly called PECFA), the department of industry, labor and human relations (DILHR) pays a portion of the costs incurred by the owners or operators of certain petroleum storage tanks to remedy environmental damage caused by discharges from those storage tanks. A claimant is not eligible for a PECFA award unless DNR determines that the activities performed to restore the environment satisfy the requirements of the hazardous substance spills law. DNR also reviews site investigations and clean-up plans under the PECFA program.
Under this bill, beginning on July 1, 1996, the department of commerce (formerly the department of development) is required to administer a program under which owners and operators of certain storage tanks and certain other persons (called responsible persons) investigate discharges from those tanks and take the actions necessary to restore the environment to the extent practicable. The storage tanks covered by the program (called regulated storage tanks) are petroleum product storage tanks that are covered by PECFA plus underground storage tanks that contain hazardous substances and that are required under federal law to be regulated by the federal environmental protection agency or by a state. Under the bill, the department of commerce may issue an order requiring a responsible person to remedy the environmental damage caused by a discharge from a regulated storage tank. The bill requires DNR to inform the department of commerce whenever a person reports a discharge from a regulated storage tank. The bill also places some restrictions on DNR's authority under the hazardous substance spills law to order cleanups of discharges from regulated storage tanks and to conduct those cleanups.
Also under the bill, the department of commerce administers the PECFA program starting on July 1, 1996. The bill gives to the department of commerce the PECFA responsibilities currently performed by DILHR and by DNR.
This bill requires DNR to promulgate a rule that establishes an alternative to immediate reporting under the hazardous substances spills law, or an exemption from reporting, for discharges of less than a specified amount of a hazardous substance for which a minimum reporting amount has been established under the federal comprehensive environmental response, compensation and liability act (superfund act) or under the federal emergency planning and community right-to-know act. In the rule, DNR may not specify an amount of one of these hazardous substances that is less than the minimum reporting amount specified under federal law. The bill authorizes DNR to promulgate a rule that establishes an alternative to immediate reporting, or an exemption from reporting, for discharges of less than a specified amount of a hazardous substance for which a federal minimum reporting amount has not been established.