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.
Under the bill, before DNR promulgates its rule concerning a hazardous
substance for which a federal minimum reporting amount has been established, a
person is not required to report to DNR a discharge of that hazardous substance if
the amount of the discharge is less than the federal minimum reporting amount.
Under current law, the recycling market development board provides financial
and other assistance to improve the marketing of, and to develop markets for, certain
materials recovered from solid waste. The board consists of the secretaries of natural
resources and development and 9 members appointed by the governor. Under
current law, the board is attached to DOA. Under this bill, the board is attached to
the department of development (DOD), effective on July 1, 1996. The bill also
reduces the size of the recycling market development board by 4 appointees. The bill
terminates the membership of the 9 current members appointed by the governor,
allowing the governor to appoint 5 new members. The bill also eliminates the
position of executive director of the board.
Under current law, the board provides assistance for materials that are
recovered by recycling programs operated by local governmental units and that are
required to be recycled under this state's recycling law. This bill requires the board
to annually establish a list of materials recovered from solid waste that are eligible
for assistance from the board. The list must include the materials that are required
to be recycled under this state's recycling law.
Under this state's recycling law, persons are generally prohibited from
disposing of specified discarded materials in landfills and from incinerating specified
discarded materials. These prohibitions do not apply to discarded materials from an
area that has an effective recycling program. If the area is in another state, the state
must also have an approved landfill siting program.
In order to be an effective recycling program, a recycling program must require
persons in the area to separate the specified materials from their solid waste or send
their solid waste to a facility that separates the materials from solid waste, but DNR
may grant a one-year variance from that requirement with respect to a specified
material in the event of an emergency or if the cost of selling the material exceeds
specified amounts.
Current law also authorizes DNR to grant an exception from the disposal and
incineration prohibitions for a specified material to a local governmental unit that
operates a recycling program in the event of an emergency. An exception may be for
up to one year.
This bill requires DNR to review markets for the discarded materials to which
the landfill and incineration prohibitions apply, beneficial uses for those materials
and technologies for managing those materials in solid waste. If DNR finds that a
prohibition with respect to a specific material is not feasible or practical and that the
prohibition is not needed to achieve the goals of this state's solid waste management
policy, DNR may do one of the following:
1. Promulgate a rule specifying conditions under which the material may be
disposed of in a landfill or incinerated.
2. Exempt specified persons from the landfill or incineration prohibition with
respect to the material.
3. Authorize, for up to one year, the material to be disposed of in a landfill or
incinerated.
The bill also authorizes DNR to grant a variance so that an effective recycling
program need not require persons to separate a specified material from solid waste
if DNR takes one of the actions in items 1 to 3, above, with respect to the material.
The authority granted to DNR concerning exemptions from the landfill and
incineration prohibitions and variances for effective recycling programs replaces the
authority granted DNR under current law to grant exemptions and variances in
emergencies.
Under current law, DNR determines whether recycling programs are effective
and whether to approve other states' landfill siting programs. Under current law,
DNR may approve an out-of-state recycling program only by formal rule-making
procedures.
A federal district court has held that the procedural requirements (for escaping
the disposal and incineration prohibitions) imposed on out-of-state municipalities,
beyond those requirements placed on municipalities located within this state,
discriminates against out-of-state interests in violation of the commerce clause of
the U.S. Constitution. National Solid Wastes Management Assoc. v. Meyer, No.
94-C-0603-S (W.D. Wis. Dec. 15, 1994), petition for cert. filed.
Under this bill, an out-of-state municipality is not required to obtain DNR
approval of its state's landfill siting program before disposing of or incinerating
specified recyclable materials in this state. Under the bill, DNR is not required to
undertake formal rule-making procedures to determine that an out-of-state
municipality has an effective recycling program.
Current law generally prohibits the burning of yard waste without energy
recovery in a solid waste facility in this state. Current law authorizes DNR to grant
waivers to the prohibition on burning yard waste to allow the burning of brush or
other clean woody vegetative material no greater than 6 inches in diameter at wood
burning facilities licensed by DNR.
This bill provides that the prohibition on burning yard waste without energy
recovery does not apply to the burning of brush or other clean woody vegetative
material no greater than 6 inches in diameter at a wood burning facility that is
licensed or permitted by DNR.
Under current law, the council on recycling advises various state agencies, the
packaging industry, state and local authorities and others to promote the efficient
and prompt implementation of state programs related to solid waste reduction,
recovery and recycling. This bill abolishes the council on recycling and transfers the
functions of the council on recycling to the recycling market development board.
This bill authorizes DNR to seek funds from any source for the costs of
remedying environmental contamination if the activities being funded are part of a
cooperative effort by DNR and the person providing the funds to remedy the
environmental contamination.
Currently, with certain exceptions, no elective state official, candidate for state
office, legislative employe or official of a state agency who participates in the
rule-making process may solicit anything of pecuniary value from a lobbyist or
principal. This bill provides that this prohibition does not apply to the solicitation
by an agency official of DNR of funds to pay the costs of remedying environmental
contamination.
Under current law, the low-level radioactive waste council ceases to exist after
July 1, 1996. This bill extends the existence of the low-level radioactive waste council
to June 30, 2002.
Other environment
Under current law, the attorney general must designate an assistant attorney
general as the public intervenor. The public intervenor is generally authorized to
formally initiate actions and intervene in all proceedings before any state agency or
any court where the intervention is needed for the protection of public rights in water
and other natural resources. In addition, under current law, the attorney general
must appoint a public intervenor advisory committee. This bill eliminates the public
intervenor position and eliminates the requirement that the attorney general
appoint a public intervenor advisory committee.
Under the current hazardous pollution prevention assessment grant program,
DOD, in consultation with the hazardous pollution prevention program in the
University of Wisconsin-Extension (UW-Extension), awards grants to applicants
for the purpose of having an assessment conducted to determine the full costs of
using and producing hazardous substances, toxic pollutants and hazardous waste;
to identify processes that use or produce such substances, pollutants or waste; and
to identify options for the prevention of hazardous pollution. Also under current law,
the hazardous pollution prevention board, which is attached to DOD, has a number
of responsibilities related to hazardous pollution prevention.
This bill eliminates the board and replaces it with a hazardous pollution
prevention council in DOD. The bill eliminates DOD's hazardous pollution
prevention assessment grant program and, in its place, DOD is authorized to
contract with the board of regents of the UW System for business assessment
services from the UW-Extension solid and hazardous waste education center for the
same purposes as those for which assessments were conducted under the grant
program. In addition to authorizing DOD to contract for business assessments, the
bill requires DOD, in coordination with DNR, the UW-Extension and the hazardous
pollution prevention council, to conduct an education, environmental management
and technical assistance program to promote the prevention of hazardous pollution
among businesses in the state.
This bill creates an environmental science council in DOA, consisting of 9
members, appointed by the governor, who have expertise in the engineering sciences,
economic sciences, biological sciences, physical sciences, human medical sciences or
statistical or risk assessment sciences. The council, upon the request of the governor
or the secretary of administration, is required to advise the governor or the secretary
on: issues affecting the protection and management of the environment and natural
resources in this state; proposed rules that establish environmental or natural
resources standards or other criteria; the scientific and technical adequacy of
environmental programs, methodologies, protocols and tests; scientific standards or
other criteria for protection of human health and the environment; the quality of
state agency environmental plans or programs of research, development and
demonstration; and the importance of natural and anthropogenic sources of
pollution. Also, the council, upon the request of the governor or the secretary of
administration, is required to consult with state agencies on any environmental
matter.
Currently, the recycling fund is used to finance programs and activities relating
to recycling, including grants to assist local governmental units to pay for their
recycling programs. This bill transfers $25,000,000 from the recycling fund to the
general fund.
Gambling
Under current law, the state levies a 2% tax on the total amount wagered on dog
races on a given race if the total amount wagered on all previous days during the year
is not more than $25,000,000; a 2 2/3% tax if the amount is more than $25,000,000
but not more than $100,000,000; a 4 2/3% tax if the amount is more than
$100,000,000 but not more than $150,000,000; a 6 2/3% tax if the amount is more
than $150,000,000 but not more than $200,000,000; a 7 2/3% tax if the amount is
more than $200,000,000 but not more than $250,000,000; and an 8 2/3% tax if the
amount is more than $250,000,000. This bill reduces the tax to a 1% tax if the total
amount wagered on all previous days during the year is not more than $25,000,000;
to a 2% tax if the amount is more than $25,000,000 but not more than $100,000,000;
to a 4% tax if the amount is more than $100,000,000 but not more than $150,000,000;
to a 6% tax if the amount is more than $150,000,000 but not more than $250,000,000;
and to an 8% tax if the amount is more than $250,000,000.
Under current law, a racetrack licensee is required to round down payouts to
the nearest 10 cents. This rounding down may result in surplus funds in the
wagering pool and is called the "breakage". Under current law, a racetrack licensee
is required to pay 50% of the breakage to the state. This bill allows a racetrack
licensee to retain 100% of the breakage.
Under current law, an intertrack wagering licensee (a person who is issued a
license by the gaming commission for the purpose of simultaneously televising —
that is, simulcasting — a race at one racetrack that is being conducted at a different
racetrack) may not simulcast and accept wagers on more than 9 races a year, nor
accept wagers on more than one race when 2 or more races are simulcast at the same
time. This bill eliminates these restrictions.
Under current law, an intertrack wagering licensee must pay 50% of the total
amount of intertrack wagers to the racetrack at which the race is actually conducted,
after making certain allocations. These allocations are as follows: a) on days on
which no racing is held at the racetrack, but simulcast races take place, the licensee
must distribute 3.5% of the total amount of intertrack wagers to the host track for
purses at the host track and must retain at least 1% of the total amount of intertrack
wagers for purses at the licensee's racetrack; and b) on days on which racing is held
at the racetrack, in addition to simulcast races, these percentages are 2.25% and
2.25%, respectively. This bill changes these allocations by requiring only that the
intertrack wagering licensee retain at least 1.5% of the total amount of intertrack
wagers for purses at the racetrack at which the intertrack wagering was conducted.
Under current law, a racetrack licensee must deduct 17% of the total amount
wagered on a straight pool race — that is, a race in which a person picks a single
animal to win, place or show — and 23% of the total amount wagered on a multiple
pool race — that is, a race in which a person picks 2 or more animals to finish in a
certain order — and pay the remainder to winning ticket holders. This bill allows
racetrack licensees to deduct up to 20% of the total amount wagered on a straight pool
race and 25% of the total amount wagered on a multiple pool race.
Under current law, the gaming commission consists of 3 full-time members
appointed for 4-year terms. This bill changes the composition of the commission,
effective on January 1, 1996, to consist of one full-time member, who is to be the
chairperson and who is appointed for a 4-year term, and 2 other members who are
to be appointed from the ranks of state employment for 2-year terms and who are
not required to be full-time members of the commission.
Under current law, the gaming security division in the gaming commission is
responsible for providing all security services for gaming operations, monitoring
regulatory compliance of gaming operations, auditing gaming operations and
investigating suspected violations of gaming-related laws. This bill abolishes, on
January 1, 1996, the gaming security division and requires the gaming commission
to enter into a contract with either the department of administration (DOA) or
another person for the performance of these functions.
Under current law, DOA is authorized to contract for management consultation
services to assist in the management or operation of the state lottery, but DOA is not
authorized to contract for financial auditing or security monitoring services for the
state lottery. Under this bill, DOA is not prohibited from contracting for data
processing auditing services for the state lottery.
Under current law, DOA must require separate bids or separate competitive
sealed proposals for management consultation services, instant lottery ticket
services and supplies and on-line services and supplies. This bill eliminates this
requirement with respect to on-line services and supplies and provides that instant
lottery ticket data processing services are not subject to these bid and concealed
proposal requirements.
This bill increases the compensation paid to a person who sells lottery tickets
from 5% to 6% of the retail price of the lottery ticket or lottery share sold by that
person. In addition, the bill eliminates the authority of the gaming commission to
pay an incentive bonus to a person who sells lottery tickets.
Under current law, the administrator of the lottery division in the gaming
commission and the administrator of the racing division in the gaming commission
are each authorized to appoint and supervise a deputy and assistant to serve outside
the classified service. This bill eliminates these deputy and assistant positions.
Under current law, there exists an executive assistant to the gaming
commission. This bill eliminates this position and creates a deputy to the gaming
commission. Also, the bill creates a director of a charitable gaming and crane games
subunit in the gaming commission.
Under current law, the gaming commission may establish a separate Indian
gaming subunit to coordinate the state's activities regarding Indian gaming.
Current law provides that the director of the Indian gaming subunit is in the
classified service. This bill provides that the director of the Indian gaming subunit
must be in the unclassified service.
Under current law, the gaming commission is required, immediately after
every race, to test the animal that won the race and an additional animal selected
at random for any medications or foreign substances that may have been
administered to that animal. This bill changes this requirement by providing that
the gaming commission must test only one animal.
