SB77-SSA1,1529,2
15287.235 Recycling grant program. The department shall develop,
16implement and administer a program to provide financial assistance to any
17responsible unit that, on or before October 1, 1999, has registered a recycling
18program as an effective recycling program under s. 287.115. The department shall
19pay to each responsible unit that is eligible for assistance under this section an
20amount that represents the same percentage of the total funds available for
21assistance under this section as the amount awarded to that responsible unit for
221999 under s. 287.23, 1995 stats. Assistance under this section may be awarded only
23for the year 2000. Assistance received under this section shall be expended only for
24expenses, including capital expenses, for planning, constructing or operating an
1effective recycling program registered under s. 287.115, except for expenses incurred
2in complying with the prohibition under s. 287.07 (2).
SB77-SSA1,1529,74
287.41
(1) (a) Identification of priority recovered materials that will be the
5focus of market development efforts by the board.
The board shall focus its efforts
6on the reuse of materials recovered from solid waste as well as on the recycling of
7those materials.
SB77-SSA1,1529,139
287.41
(3) The board shall submit quarterly progress reports to the appropriate
10standing committees of the legislature, as determined by the presiding officer of each
11house, under s. 13.172 (3), describing the board's progress in implementing the
12strategic plan and how the board's technical assistance,
awarding of financial
13assistance and other activities conform to the strategic plan.
SB77-SSA1, s. 3621g
14Section 3621g. 287.42 (1) (intro.) and (a) of the statutes are consolidated,
15renumbered 287.42 (1) and amended to read:
SB77-SSA1,1529,2016
287.42
(1) Promote the development of sustainable, high-value markets for
17recovered materials on behalf of, and in cooperation with, waste generators and
18promote the orderly and efficient marketing of recovered materials by waste
19generators to
do all of the following: (a) Maximize
maximize the marketability of
20these recovered materials on a statewide basis.
SB77-SSA1,1530,424
287.42
(5) In consultation with the council on recycling, annually establish a
25list of materials recovered from solid waste for which financial assistance may be
1provided under this subchapter, which shall include the materials specified in s.
2287.07 (3), based on the board's analysis of current and future markets for materials
3recovered from solid waste.
The list shall give priority to materials specified in s.
4287.07 (3) that will support community recycling efforts.
SB77-SSA1,1530,66
287.44
(1) Provide Award financial assistance under s. 287.46.
SB77-SSA1,1530,108
287.44
(2) Fund Award funding for research concerning markets for recovered
9materials and the development of markets for recovered materials to maintain
10present markets or to create new or expanded markets.
SB77-SSA1,1530,1312
287.44
(3) Fund Award funding for research to improve the recovery,
13processing or distribution of a recovered material.
SB77-SSA1,1530,2015
287.46
(1) The board may
provide
award financial assistance, directly or in
16cooperation with another person, to a governmental entity or a business entity to
17assist waste generators in the marketing of recovered materials or to develop
18markets for recovered materials. Forms of financial assistance
provided awarded by
19the board, and by a recipient of financial assistance
from awarded by the board, may
20include grants, loans and manufacturing rebates.
SB77-SSA1,1531,222
287.46
(3) If the board awards assistance under sub. (1) that results in a loan
23being made by the recipient to another person, the board may direct that the
24repayments of the loan's principal and any interest either be repaid to the recipient
25for use in a revolving loan fund or
returned to the board be repaid to the department
1of commerce. The
board department of commerce shall credit any funds received
2under this subsection to the appropriation
account under s. 20.143 (1) (L).
SB77-SSA1, s. 3629
3Section
3629. 287.46 (4) of the statutes is renumbered 287.46 (4) (b) and
4amended to read:
SB77-SSA1,1531,85
287.46
(4) (b) In any biennium, the
board department of commerce may not
6expend more than 10% of the amount appropriated under s. 20.143 (1) (tm) for that
7biennium for contracts with and financial assistance to responsible units and other
8local units of government.
SB77-SSA1,1531,1410
287.46
(4) (a) From the appropriations under s. 20.143 (1) (L) and (tm), the
11department of commerce shall provide financial assistance awarded by the board
12under this subchapter. Subject to par. (b), from the appropriation under s. 20.143 (1)
13(tm), the department of commerce shall pay contracts entered into by the board
14under s. 287.42 (3).
SB77-SSA1,1531,19
16287.48 Executive director for the board. The
governor shall nominate, and
17with the advice and consent of the senate appoint, secretary of commerce shall
18appoint an executive director of the board outside of the classified service, to serve
19at the pleasure of the
governor secretary of commerce.
SB77-SSA1, s. 3632d
21Section 3632d. Subchapter III of chapter 287 [precedes 287.40] of the
22statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.
SB77-SSA1,1531,2524
289.43
(7) (e) 3. All fees collected under this paragraph shall be credited to the
25appropriation appropriations under s. 20.370 (2) (dg)
and (9) (mj).
SB77-SSA1,1532,32
289.62
(1) (g)
Use of tonnage fees. Tonnage fees paid by a nonapproved facility
3shall be paid into the environmental fund for environmental
repair management.
SB77-SSA1,1532,75
289.63
(3) (b) The well compensation fee imposed under sub. (1) for solid waste
6or hazardous waste, excluding prospecting or mining waste, is
one cent 4 cents per
7ton.
SB77-SSA1,1532,139
289.63
(8) Use of groundwater, solid waste capacity and well compensation
10fees. The groundwater fees collected under sub. (2) shall be credited to the
11environmental fund for
groundwater environmental management. The well
12compensation and solid waste capacity fees collected under sub. (2) shall be credited
13to the environmental fund for environmental
repair
management.
SB77-SSA1,1532,1615
289.67
(1) (h)
Use of environmental repair fee. The fees collected under par. (b)
16shall be credited to the environmental fund for environmental
repair management.
SB77-SSA1,1532,2018
289.67
(2) (c) 5. Hazardous wastes that are collected by a county under a
19program for the collection and disposal of chemicals that are used for agricultural
20purposes, including pesticides, as defined in s. 94.67 (25).
SB77-SSA1,1532,2322
289.67
(2) (e) All moneys received under this subsection shall be credited to the
23environmental fund for environmental
repair management.
SB77-SSA1,1533,3
1289.67
(3) (c)
Use of environmental repair base fees. Environmental repair base
2fees shall be credited to the environmental fund for environmental
repair 3management.
SB77-SSA1,1533,75
289.67
(4) (c)
Use of environmental repair surcharge. Environmental repair
6surcharges shall be credited to the environmental fund for environmental
repair 7management.
SB77-SSA1,1533,109
292.01
(18) "Site or facility" means, except in
ss. s. 292.35
and 292.61, an
10approved facility, an approved mining facility, a nonapproved facility or a waste site.
SB77-SSA1,1533,1312
292.11
(6) (c) 1. Reimbursements to the department under sub. (7) (b) shall be
13credited to the environmental fund for environmental
repair management.
SB77-SSA1,1533,1915
292.11
(7) (d) 1. The department may negotiate and enter into an agreement
16containing a schedule for conducting nonemergency actions required under sub. (3)
17with a person who possesses or controls a hazardous substance that was discharged
18or who caused the discharge of a hazardous substance if the discharge does not
19endanger public health.
SB77-SSA1,1533,2220
2. The department may charge fees, in accordance with rules that it
21promulgates, to offset the costs of negotiating and entering into an agreement under
22subd. 1.
SB77-SSA1,1534,3
1292.11
(7) (e) If a person violates an order under par. (c) or an agreement under
2par. (d), the department may refer the matter to the department of justice for
3enforcement under s. 299.95.
SB77-SSA1, s. 3654
4Section
3654. 292.11 (9) (e) 1. of the statutes is repealed and recreated to read:
SB77-SSA1,1534,75
292.11
(9) (e) 1. "Local governmental unit" means a municipality, a
6redevelopment authority created under s. 66.431, a public body designated by a
7municipality under s. 66.435 (4) or a housing authority.
SB77-SSA1, s. 3655
8Section
3655. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:
SB77-SSA1,1534,129
292.11
(9) (e) 1m. (intro.) A
municipality local governmental unit is exempt
10from subs. (3), (4) and (7) (b) and (c) with respect to property acquired by the
11municipality before, on or after May 13, 1994, in
local government unit if any of the
12following
ways applies:
SB77-SSA1,1534,1614
292.11
(9) (e) 1m. a.
Through The local governmental unit acquired the
15property through tax delinquency proceedings or as the result of an order by a
16bankruptcy court.
SB77-SSA1, s. 3656
17Section
3656. 292.11 (9) (e) 1m. b. of the statutes is amended to read:
SB77-SSA1,1534,2018
292.11
(9) (e) 1m. b.
From a municipality The local governmental unit acquired
19the property from a local governmental unit that acquired the property under a
20method described in subd. 1m. a.
SB77-SSA1, s. 3656e
21Section 3656e. 292.11 (9) (e) 1m. c. and d. of the statutes are created to read:
SB77-SSA1,1534,2322
292.11
(9) (e) 1m. c. The local governmental unit acquired the property through
23condemnation or other proceeding under ch. 32.
SB77-SSA1,1534,2524
d. The local governmental unit acquired the property for the purpose of slum
25clearance or blight elimination.
SB77-SSA1,1535,92
292.11
(9) (e) 1s. An economic development corporation described in section
501 3(c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal
4taxation under section
501 (a) of the Internal Revenue Code, or an entity wholly
5owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b)
6and (c) with respect to property acquired before, on or after the effective date of this
7subdivision .... [revisor inserts date], if the property is acquired to further the
8economic development purposes that qualify the corporation as exempt from federal
9taxation.
SB77-SSA1,1535,1211
292.11
(9) (e) 2.
Subdivision 1. does
Subdivisions 1m. and 1s. do not apply to
12a discharge of a hazardous substance caused by any of the following:
SB77-SSA1,1535,1313
a. An action taken by the
municipality local governmental unit or corporation.
SB77-SSA1,1535,1614
b. A failure of the
municipality local governmental unit or corporation to take
15appropriate action to restrict access to the property in order to minimize costs or
16damages that may result from unauthorized persons entering the property.
SB77-SSA1,1535,1917
c. A failure of the
municipality local governmental unit or corporation to sample
18and analyze unidentified substances in containers stored aboveground on the
19property.
SB77-SSA1,1535,2320
d. A failure of the
municipality local governmental unit or corporation to
21remove and properly dispose of, or to place in a different container and properly store,
22any hazardous substance stored aboveground on the property in a container that is
23leaking or is likely to leak.
SB77-SSA1,1536,3
1292.11
(9) (e) 3. Subdivisions 1m. and 1s. do not apply if the discharge is a
2discharge of a hazardous substance from an underground storage tank that is
3regulated under
42 USC 6991 to
6991i.
SB77-SSA1,1536,115
292.11
(9) (e) 4. Subdivisions 1m. and 1s. do not apply if, after considering the
6intended development and use of the property, the department determines that
7action is necessary to reduce to acceptable levels any substantial threat to public
8health or safety when the property is developed or put to that intended use, the
9department directs the local governmental unit or corporation to take that necessary
10action and the local governmental unit or corporation does not take that action as
11directed.
SB77-SSA1,1536,1413
292.11
(9) (e) 5. Subdivision 1s. does not apply if the corporation fails to do any
14of the following:
SB77-SSA1,1536,1715
a. Respond to a discharge of a hazardous substance that poses an imminent
16threat to public health, safety or welfare or to the environment, on or off of the
17property.
SB77-SSA1,1536,2018
b. Enter into an agreement with the department to conduct any necessary
19investigation and remediation activities at the property no later than 3 years after
20acquiring the property.
SB77-SSA1,1536,2421
c. Allow the department, any authorized representatives of the department,
22any party that possessed or controlled the hazardous substance or caused the
23discharge of the hazardous substance and any consultant or contractor of such a
24party to enter the property to take necessary action to respond to the discharge.
SB77-SSA1,1537,4
1292.13 Property affected by off-site discharge. (1) Exemption from
2liability. A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect
3to the existence of a hazardous substance in the soil or groundwater on property
4owned by the person if all of the following apply:
SB77-SSA1,1537,65
(a) The discharge of the hazardous substance originated from a source on
6property that is not possessed or controlled by the person.
SB77-SSA1,1537,87
(b) The person did not possess or control the hazardous substance on the
8property on which the discharge originated or cause the original discharge.