SB622, s. 221
16Section
221. 62.234 (2) and (7) of the statutes are amended to read:
SB622,82,2217
62.234
(2) Authority to enact ordinance. To effect the purposes of s.
144.266 18281.33 and to promote the public health, safety and general welfare, a city may enact
19a zoning ordinance, that is applicable to all of its incorporated area, for construction
20site erosion control at sites where the construction activities do not include the
21construction of a building and for storm water management. This ordinance may be
22enacted separately from ordinances enacted under s. 62.23.
SB622,83,4
23(7) Applicability to local governments and agencies. An ordinance enacted
24under this section is applicable to activities conducted by a unit of local government
25and an agency of that unit of government. An ordinance enacted under this section
1is not applicable to activities conducted by an agency, as defined under s. 227.01 (1)
2but also including the office of district attorney, which is subject to the state plan
3promulgated or a memorandum of understanding entered into under s.
144.266 4281.33 (2).
SB622,83,147
66.023
(7) Other boundary procedures. (a)
Other procedures after hearing. 8After the joint hearing under sub. (4) (b) is held, no other procedure, except the
9procedure under s.
144.07 281.43 (1m), for altering a municipality's boundaries may
10be used to alter a boundary included in the proposed cooperative plan under sub. (3)
11(d) 1. until the boundary is no longer included in the proposed cooperative plan, the
12municipality withdraws from the proposed cooperative plan or the proposed
13cooperative plan fails to receive approval from the department, whichever occurs
14first.
SB622,83,2115
(b)
Other boundary procedures during the planning period. During the
16planning period specified under sub. (3) (f), no other procedure for altering a
17municipality's boundaries may be used to alter a boundary that is included in the
18cooperative plan under sub. (3) (d) 1., except if an annexation is conducted under s.
19144.07 281.43 (1m), regardless of whether the boundary is proposed to be maintained
20or changed or is allowed to be changed under the plan. After the planning period has
21expired, the boundary may be altered.
SB622, s. 223
22Section
223. 66.038 (1) (a) of the statutes is amended to read:
SB622,83,2423
66.038
(1) (a) "Environmental pollution" has the meaning specified under s.
24144.01 (3) 299.01 (4).
SB622, s. 224
25Section
224. 66.038 (3) (e) 4. of the statutes is amended to read:
SB622,84,2
166.038
(3) (e) 4. Any mining operation, the reclamation of which is required in
2a permit obtained under
ss. 144.80 to 144.94 ch. 293.
SB622, s. 225
3Section
225. 66.038 (3) (e) 5. of the statutes is amended to read:
SB622,84,114
66.038
(3) (e) 5. Any activities conducted at a solid or hazardous waste disposal
5site required to prepare, operate or close a solid waste disposal facility under
ss.
6144.435 to 144.445 subchs. II to IV of ch. 289 or a hazardous waste disposal facility
7under
ss. 144.60 to 144.74 ch. 291 but a nonmetallic mining reclamation ordinance
8may apply to activities related to solid or hazardous waste disposal which are
9conducted at a nonmetallic mining site separate from the solid or hazardous waste
10disposal facility such as activities to obtain nonmetallic minerals to be used for
11lining, capping, covering or constructing berms, dikes or roads.
SB622, s. 226
12Section
226. 66.121 of the statutes is amended to read:
SB622,84,16
1366.121 Inspection of property. A county or a city authorized to act under s.
1474.87 may enter any real property for which a tax certificate has been issued under
15s. 74.57, or may authorize another person to enter the real property, to determine the
16nature and extent of environmental pollution, as defined in s.
144.01 (3) 299.01 (4).
SB622, s. 227
17Section
227. 66.122 (1) (b) of the statutes is amended to read:
SB622,84,2418
66.122
(1) (b) "Inspection purposes" include, without limitation because of
19enumeration, such purposes as building, housing, electrical, plumbing, heating, gas,
20fire, health, safety, environmental pollution, water quality, waterways, use of water,
21food, zoning, property assessment, meter and obtaining data required to be
22submitted in an initial site report or feasibility report under
s. 144.44 or 144.64 23subch. III of ch. 289 or s. 291.23, 291.25, 291.29 or 291.31 or an environmental impact
24statement related to one of those reports.
SB622, s. 228
25Section
228. 66.293 (3) (b) of the statutes is amended to read:
SB622,85,7
166.293
(3) (b) In this subsection, "municipality" means any city, town, village
2or county, technical college district, common school district, union high school
3district, unified school district, county-city hospital established under s. 66.47,
4sewerage commission organized under s.
144.07 281.43 (4), metropolitan sewerage
5district organized under ss. 66.20 to 66.26, public or quasi-public corporation, or any
6other unit of government, or any agency or instrumentality of 2 or more units of
7government in this state.
SB622, s. 229
8Section
229. 66.33 (5) of the statutes is amended to read:
SB622,85,189
66.33
(5) Any municipality may participate in the state financial assistance
10program for soil and water resources protection established under s.
144.21, 144.24
11or 144.25 281.55, 281.57 or 281.65 and may enter into agreements with the
12department of natural resources for that purpose. Any municipality may participate
13in the clean water fund program under ss.
144.241
281.58 and
144.2415 281.59 and
14may enter into agreements with the department of administration and the
15department of natural resources for that purpose. Any county may participate in the
16state financial assistance program for soil and water resources protection
17established under s. 92.14 and may enter into agreements with the department of
18agriculture, trade and consumer protection for that purpose.
SB622, s. 230
19Section
230. 66.33 (6) of the statutes is amended to read:
SB622,85,2320
66.33
(6) Any municipality is authorized to enter into contracts with a
21nonprofit-sharing corporation for the municipality to design and construct the
22projects it will sublease from the department of natural resources pursuant to s.
23144.21 281.55 (6) (b).
SB622, s. 231
24Section
231. 66.35 (1) (a) of the statutes is amended to read:
SB622,86,2
166.35
(1) (a) "Medical waste incinerator" has the meaning given in s.
159.07 2287.07 (7) (c) 1. cr.
SB622, s. 232
3Section
232. 66.35 (2) of the statutes is amended to read:
SB622,86,114
66.35
(2) A municipality may, by ordinance, impose a fee, in accordance with
5rules promulgated under s.
159.03 287.03 (1) (am), on the operator of a medical waste
6incinerator located in the municipality to cover the costs incurred because of the
7presence of the medical waste incinerator, including costs of monitoring emissions
8and of providing periodic notification to residents concerning the medical waste
9incinerator. The fee imposed under this section may not exceed $1 per ton of waste
10that is incinerated at the medical waste incinerator unless the municipality and the
11operator of the medical waste incinerator agree to a higher fee.
SB622,86,20
1466.365 Aids to municipalities; environmental damage compensation. 15The department of natural resources may make grants to any county, city, village or
16town for the acquisition or development of recreational lands and facilities from
17moneys appropriated under s. 20.370 (2) (dv). Use and administration of the grant
18shall be consistent with any court order issued under s.
147.23 283.87 (3). A county,
19city, village or town which receives a grant under this section is not required to share
20in the cost of a project under this section.
SB622, s. 234
21Section
234. 66.46 (2) (am) of the statutes is amended to read:
SB622,86,2322
66.46
(2) (am) "Environmental pollution" has the meaning given in s.
144.01
23(3) 299.01 (4).
SB622, s. 235
24Section
235. 66.521 (9) of the statutes is amended to read:
SB622,87,12
166.521
(9) Payment of taxes. When any industrial project acquired by a
2municipality under this section is used by a private person as a lessee, sublessee or
3in any capacity other than owner, that person shall be subject to taxation in the same
4amount and to the same extent as though that person were the owner of the property.
5Taxes shall be assessed to such private person using the real property and collected
6in the same manner as taxes assessed to owners of real property. When due, the taxes
7shall constitute a debt due from such private person to the taxing unit and shall be
8recoverable as provided by law, and such unpaid taxes shall become a lien against
9the property with respect to which they were assessed, superior to all other liens,
10except a lien under s.
144.442 (9) 292.31 (8) (i),
144.76 (13) or 144.77
292.41 (6) (d)
11or 292.81, and shall be placed on their tax roll when there has been a conveyance of
12the property in the same manner as are other taxes assessed against real property.
SB622, s. 236
13Section
236. 66.606 (1) (a) 1. of the statutes is amended to read:
SB622,87,1614
66.606
(1) (a) 1. Any special assessment or special charge levied under any
15authority by a responsible unit for the purpose of complying with s.
159.09 287.09 16(2).
SB622, s. 237
17Section
237. 66.606 (1) (a) 2. of the statutes is amended to read:
SB622,87,2018
66.606
(1) (a) 2. Any charge made under any authority by any person acting
19under a contract with a responsible unit to provide a service required under s.
159.09 20287.09 (2).
SB622, s. 238
21Section
238. 66.606 (1) (b) of the statutes is amended to read:
SB622,87,2222
66.606
(1) (b) "Responsible unit" has the meaning given in s.
159.01 287.01 (9).
SB622, s. 239
23Section
239. 66.888 (1) (c) 3. c. of the statutes is amended to read:
SB622,88,224
66.888
(1) (c) 3. c. The need to maintain the consistency of any redefined
25boundary of the district with a regional water quality management plan established
1or approved under ss.
144.025 281.12 (1) and
147.25 283.83 or any facilities plan
2established 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.
SB622, s. 240
3Section
240. 66.892 (2) (a) and (d) of the statutes are amended to read:
SB622,88,54
66.892
(2) (a) Except as provided in pars. (b) to (d) and subject to s.
144.04 5281.41, no commission may separate combined storm and sanitary sewers.
SB622,88,96
(d) Any person aggrieved by the decision of the commission to separate a
7combined storm and sanitary sewer may file a petition for judicial review in the
8circuit court for the county in which the district is located. Nothing in this paragraph
9affects any review under s.
144.04 281.41.
SB622, s. 241
10Section
241. 66.894 (14) (g) of the statutes is amended to read:
SB622,88,1311
66.894
(14) (g) Paragraphs (d) to (f) do not apply to any project which includes
12a solid waste disposal facility which requires an operating license under s.
144.44 (4) 13289.31.
SB622, s. 242
14Section
242. 66.902 (1) (a) 4. a. of the statutes is amended to read:
SB622,88,1815
66.902
(1) (a) 4. a. Interfere with the district's ability to meet its obligations
16under a pollution discharge elimination permit or general permit issued under s.
17147.02 283.31 or
147.023 283.35, or under an air pollution control permit issued
18under
subch. III of ch.
144 285.
SB622, s. 243
19Section
243. 66.902 (1) (e) of the statutes is amended to read:
SB622,89,420
66.902
(1) (e) If any person fails to comply with a rule of the district, the district
21may obtain an injunction under s. 823.02 or the district may initiate an action for the
22civil remedies under s.
147.21 283.91 (2) or (5). If the district acts under s.
147.21
1283.91 (2) or (5), the district may recover the forfeiture in a civil action brought by
2the commission in the name of the district. Collected forfeitures shall be paid into
3the district's general fund. The forfeiture is in addition to and does not substitute
4for any damages recoverable by the commission.
SB622, s. 244
5Section
244. 66.902 (2) (c) of the statutes is amended to read:
SB622,89,146
66.902
(2) (c) If the commission does not stay compliance and a person fails to
7comply with a special order of the district within the time specified, or if a person fails
8to begin in good faith to obey, the person is creating a public nuisance enjoinable
9under s. 823.02. The district may also initiate an action for the civil remedies under
10s.
147.21 283.91 (2) or (5). If the district acts under s.
147.21 283.91 (2) or (5), the
11forfeiture may be recovered by the district in a civil action brought by the commission
12in the name of the district. Collected forfeitures shall be paid into the district's
13general fund. The forfeiture is in addition to and does not substitute for any damages
14recoverable by the commission.
SB622, s. 245
15Section
245. 66.904 (2) (a) of the statutes is amended to read:
SB622,89,2416
66.904
(2) (a) Except as provided in par. (b), all work done and all purchases
17of supplies and materials by the commission shall be by contract awarded to the
18lowest responsible bidder complying with the invitation to bid, if the work or
19purchase involves an expenditure of $7,500 or more. If the commission decides to
20proceed with construction of any sewer after plans and specifications for the sewer
21are completed and approved by the commission and by the department of natural
22resources under ch.
144 281, the commission shall advertise by a class 2 notice under
23ch. 985 for construction bids. All contracts and the awarding of contracts are subject
24to 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.
SB622, s. 246
1Section
246. 66.905 (2) (a) of the statutes is amended to read:
SB622,90,62
66.905
(2) (a) From the amounts allocated for purposes of this section under
3s. 20.866 (2) (to), the district shall fund a development and training program for the
4purpose of developing the capability of minority businesses to participate in
5construction and construction-related projects funded under the combined sewer
6overflow abatement program under s.
144.242 281.63.
SB622, s. 247
7Section
247. 66.905 (2) (b) of the statutes is amended to read:
SB622,90,128
66.905
(2) (b) From the amounts allocated for purposes of this section under
9s. 20.866 (2) (tc), the district shall fund a development and training program for the
10purpose of developing the capability of minority businesses to participate in
11construction and construction-related projects funded under the clean water fund
12program under ss.
144.241 281.58 and
144.2415 281.59.
SB622, s. 248
13Section
248. 66.912 (5) of the statutes is amended to read:
SB622,91,1614
66.912
(5) Review by public service commission. Except as provided under s.
1566.899 (2), upon complaint to the public service commission by any user that charges,
16rules and practices under this section are unreasonable or unjustly discriminatory,
17according to the standards and criteria which the commission is required to follow
18under state or federal law, including, without limitation because of enumeration, this
19section,
33 USC 1251 et. seq. and ch.
147 283, or upon complaint of a holder of a
20revenue bond or other evidence of debt, secured by a mortgage on the sewerage
21system or any part thereof or pledge of the income of sewerage service charges, that
22charges are inadequate, the public service commission shall investigate the
23complaint. If sufficient cause therefor appears, the public service commission shall
1set the matter for a public hearing upon 10 days' notice to the complainant and the
2commission. After the hearing, if the public service commission determines that the
3charges, rules or practices complained of are unreasonable or unjustly
4discriminatory, it shall determine and by order fix reasonable charges, rules and
5practices and shall make such other order respecting such complaint as may be just
6and reasonable. The proceedings under this subsection shall be governed, as far as
7applicable, by ss. 196.26 to 196.40. The commission may submit the factual data,
8reports and analyses considered by it in establishing the charges, rules or practices
9subject to a complaint under this subsection. The public service commission shall
10give due weight to such data, reports and analyses. Judicial review of the
11determination of the public service commission may be had by any person aggrieved
12in the manner prescribed under ch. 227. If any user pays a charge and the public
13service commission or court, on appeal from the public service commission, finds
14such charge, after reviewing a complaint filed under this subsection, to be excessive,
15the district shall refund to the user the excess plus the interest thereon computed at
16the rate then paid by the district for borrowing funds for a term of one year or less.
SB622, s. 249
17Section
249. 66.945 (14) (c) of the statutes is amended to read:
SB622,91,2318
66.945
(14) (c) Where less than one-half of the land within a county is within
19a region, the chairperson of the regional planning commission shall before August
201 of each year certify to the clerk of the local governmental unit involved a statement
21of the proportionate charges assessed to that local governmental unit. Such clerk
22shall extend the amount shown in such statement as a charge on the tax roll under
23s.
144.07 281.43 (2).
SB622, s. 250
24Section
250. 67.04 (5) (b) 2. of the statutes is amended to read:
SB622,92,2
167.04
(5) (b) 2. To fund a capital cost loan under s.
144.241 281.58 or
144.2415 2281.59.
SB622, s. 251
3Section
251. 67.12 (1) (b) of the statutes is amended to read:
SB622,92,114
67.12
(1) (b) Any municipality may issue municipal obligations in anticipation
5of receiving proceeds from clean water fund loans or grants for which the
6municipality has received a notice of financial assistance commitment under s.
7144.241 281.58 (15), from bonds or notes the municipality has authorized or has
8covenanted to issue under this chapter or from grants that are committed to the
9municipality. Any municipal obligation issued under this paragraph may be
10refunded one or more times. Such obligation and any refundings thereof shall be
11repaid within 5 years after the original date of the original obligation.
SB622, s. 252
12Section
252. 67.12 (12) (a) of the statutes is amended to read:
SB622,92,2013
67.12
(12) (a) Any municipality may issue promissory notes as evidence of
14indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not
15limited to paying any general and current municipal expense, and refunding any
16municipal obligations, including interest on them. Each note, plus interest if any,
17shall be repaid within 10 years after the original date of the note, except that notes
18issued under this section for purposes of ss.
144.241
281.58 and
144.2415 281.59, or
19to raise funds to pay a portion of the capital costs of a metropolitan sewerage district,
20shall be repaid within 20 years after the original date of the note.
SB622, s. 253
21Section
253. 70.01 of the statutes is amended to read:
SB622,93,8
2270.01 General property taxes; upon whom levied. Taxes shall be levied,
23under this chapter, upon all general property in this state except property that is
24exempt from taxation. Real estate taxes and personal property taxes are deemed to
25be levied when the tax roll in which they are included has been delivered to the local
1treasurer under s. 74.03. When so levied such taxes are a lien upon the property
2against which they are charged. That lien is superior to all other liens, except a lien
3under s.
144.442 (9) 292.31 (8) (i),
144.76 (13) or 144.77 292.41 (6) (d)
or 292.81, and
4is effective as of January 1 in the year when the taxes are levied. Liens of special
5assessments of benefits for local improvements shall be in force as provided by the
6charter or general laws applicable to the cities that make the special assessments.
7In this chapter, unless the context requires otherwise, references to "this chapter" do
8not include ss. 70.37 to 70.395.
SB622, s. 254
9Section
254. 70.11 (21) (a) of the statutes is amended to read:
SB622,93,2210
70.11
(21) (a) All property purchased or constructed as a waste treatment
11facility used for the treatment of industrial wastes as defined in s.
144.01 281.01 (5)
12or air contaminants as defined in s.
144.30 285.01 (1) but not for other wastes as
13defined in s.
144.01 (8) 281.01 (7) and approved by the department of revenue for the
14purpose of abating or eliminating pollution of surface waters, the air or waters of the
15state if that property is not used to grow agricultural products for sale. For the
16purposes of this subsection "industrial waste" also includes wood chips, sawdust and
17other wood residue from the paper and wood products manufacturing process that
18can be used as fuel and would otherwise be considered superfluous, discarded or
19fugitive material. The department of natural resources and department of health
20and family services shall make recommendations upon request to the department of
21revenue regarding such property. All property purchased or upon which
22construction began prior to July 31, 1975, shall be subject to s. 70.11 (21), 1973 stats.
SB622, s. 255
23Section
255. 70.32 (1m) of the statutes is amended to read:
SB622,94,224
70.32
(1m) In addition to the factors set out in sub. (1), the assessor shall
25consider the impairment of the value of the property because of the presence of a solid
1or hazardous waste disposal facility or because of environmental pollution, as
2defined in s.
144.01 (3) 299.01 (4).
SB622, s. 256
3Section
256. 70.375 (1) (as) and (bm) of the statutes are amended to read:
SB622,94,64
70.375
(1) (as) "Mine" means an excavation in or at the earth's surface made
5to extract metalliferous minerals for which a permit has been issued under s.
144.85 6293.49.
SB622,94,147
(bm) "Mining-related purposes" means activities which are directly in
8response to the application for a mining permit under s.
144.85 293.37; directly in
9response to construction, operation, curtailment of operation or cessation of
10operation of a metalliferous mine site; or directly in response to conditions at a
11metalliferous mine site which is not in operation. "Mining-related purposes" also
12includes activities which anticipate the economic and social consequences of the
13cessation of mining. "Mining-related purposes" also includes the purposes under s.
1470.395 (2) (g).
SB622, s. 257
15Section
257. 70.375 (4) (h) of the statutes is amended to read:
SB622,94,1616
70.375
(4) (h) The cost of premiums for bonds required under s.
144.86 293.51.
SB622, s. 258
17Section
258. 70.375 (4) (o) of the statutes is amended to read:
SB622,94,2418
70.375
(4) (o) Actual and necessary reclamation and restoration costs
19associated with a mine in this state, including payments for future reclamation and
20postmining costs which are required by law or by department of natural resources
21order and fees and charges under
ch. 144 chs. 281, 285 or 289 to 299, except s. 281.48, 22not otherwise deductible under this section. Any refunds of escrowed or reserve fund
23payments allowed as a deduction under this paragraph shall be taxed as net proceeds
24at the average effective tax rate for the years the deduction was taken.
SB622, s. 259
25Section
259. 70.38 (2) of the statutes is amended to read:
SB622,95,4
170.38
(2) Combined reporting. If the same person extracts metalliferous
2minerals from different sites in this state, the net proceeds for each site for which a
3permit has been issued under s.
144.85 293.49 shall be reported separately for the
4purposes of computing the amount of the tax under s. 70.375 (5).
SB622, s. 260
5Section
260. 70.395 (2) (dc) 1. of the statutes is amended to read:
SB622,95,96
70.395
(2) (dc) 1. Each person intending to submit an application for a mining
7permit shall pay $50,000 to the department of revenue for deposit in the investment
8and local impact fund at the time that the person notifies the department of natural
9resources under s.
144.831 293.31 (1) of that intent.
SB622, s. 261
10Section
261. 70.395 (2) (dc) 4. and (fm) of the statutes are amended to read:
SB622,95,1511
70.395
(2) (dc) 4. Six months after the signing of a local agreement under s.
12144.839 293.41 for the proposed mine for which the payment is made, the board shall
13refund any funds paid under this paragraph but not distributed under par. (fm) from
14the investment and local impact fund to the person making the payment under this
15paragraph.
SB622,95,2216
(fm) The board may distribute a payment received under par. (dc) to a county,
17town, village, city, tribal government or local impact committee authorized under s.
18144.839 293.41 (3) only for legal counsel, qualified technical experts in the areas of
19transportation, utilities, economic and social impacts, environmental impacts and
20municipal services and other reasonable and necessary expenses incurred by the
21recipient that directly relate to the good faith negotiation of a local agreement under
22s.
144.839 293.41 for the proposed mine for which the payment is made.