This bill permits the state historical society to charge a fee for research services
that the historical society provides to nonresidents who are not present when the
services are being performed. The historical society may not charge a fee unless it
has established a fee schedule and submitted it to JCF for its review.
Employment
Under current law, each school board in the state must provide access to an
education for employment program approved by the state superintendent of public
instruction. Also, under current law, the department of industry, labor and job
development (DILJD) provides a school-to-work program under the federal
school-to-work opportunities act. This bill merges the education for employment
programs provided by school boards into the school-to-work program provided by
DILJD. Under the bill, DILJD may award grants to school boards that provide local
school-to-work programs. The bill requires a school-to-work program to link
school-based and work-based learning, academic and technical education and
secondary and postsecondary education and to include work-based learning
opportunities for high school students, a system of career guidance activities for high
school students and the coordination of high school courses with technical college
system and University of Wisconsin courses for the purpose of providing
postsecondary credits for high school students.
The bill also permits DILJD to award a grant to a nonprofit organization that
provides an innovative school-to-work program for children at risk, that is, children
who are behind their age group in the number of high school credits attained or in
basic skill levels and who are dropouts, habitual truants, parents or adjudicated
delinquents, in a county having a population of 500,000 or more (Milwaukee County)
to assist those children in acquiring employability skills and occupational-specific
competencies before leaving high school.
Under current law, DILJD may award grants to nonprofit corporations and
public agencies for the provision of career counseling centers throughout the state.
This bill requires DILJD to allocate in each fiscal year $600,000 in program revenues
received from interest and penalty payments under the unemployment
compensation program to provide grants for career counseling centers.
Under current law, DILJD awards grants to nonprofit organizations and public
agencies that are responsible for the training of youth apprentices. A nonprofit
organization or public agency that is awarded a youth apprenticeship grant must use
the funds to award training grants to employers who provide on-the-job training
and supervision for youth apprentices. Currently, a training grant may not exceed
50% of a youth apprentice's hourly wage or $4 per hour, whichever is less, and may
not be awarded for more than 500 hours of work per youth apprentice in any school
year. This bill permits DILJD to award training grants directly to employers who
provide at least 180 hours of training for each youth apprentice during a school year.
The bill also eliminates the current caps on a training grant and instead limits a
training grant to $500 per youth apprentice per school year and to 2 school years per
youth apprentice.
Under current law affecting members of a police department of a 1st class city
(currently, only the city of Milwaukee), if the representative of a collective bargaining
unit consisting of the members of the police department and the representative of the
city reach an impasse, either party may petition the employment relations
commission to appoint an arbitrator to determine the wages, hours and working
conditions of the employes in the collective bargaining unit. Under current law, in
determining the proper compensation to be received by the employes, the arbitrator
must utilize both of the following factors:
1. The most recently published U.S. bureau of labor statistics "Standards of
Living Budgets for Urban Families, Moderate and Higher Level".
2. The average annual increases in the consumer price index since the last
adjustment in compensation for the employes.
This bill eliminates the requirement that the arbitrator utilize the 2 factors
specified above and instead requires that the arbitrator consider all of the following
factors, with the first factor being given the greatest weight and each successive
factor being given less weight than the one that precedes it:
1. Comparison of all of the items of compensation of the employes with such
items of compensation of other municipal law enforcement officers in the
metropolitan area in which the city is located.
2. Comparison of the respective crime rates, and workloads of and risks of
injury to law enforcement officers, in the city and any other jurisdiction in the
metropolitan area in which the city is located.
3. The increase in the cost of living during the term of the predecessor collective
bargaining agreement.
4. Comparison of all of the items of compensation of the employes with such
items of compensation of other municipal law enforcement officers in comparable
communities in this state.
5. Comparison of all of the items of compensation of the employes with such
items of compensation of other protective service employes in the city.
For the purposes of this bill, the items of compensation include base wages;
longevity pay; health, accident and disability insurance programs; pension
programs, including amount of pension, relative contributions and all eligibility
conditions; the terms and conditions of overtime compensation and compensatory
time; vacation pay and vacation eligibility; sickness pay amounts and sickness pay
eligibility; life insurance; uniform allowances; and any other similar item of
compensation.
Under current law, the Wisconsin conservation corps (WCC) board classifies its
enrollees as corps members, assistant crew leaders, crew leaders and regional crew
leaders. Under current law, the normal period of enrollment of a crew leader who is
not a regional or assistant crew leader is 2 years. Under this bill, the WCC board may
extend the enrollment period by up to an additional 2 years.
The bill also raises the maximum of a tuition voucher awarded to an enrollee
in the WCC from $2,400 to $2,600.
Under current state law governing the WCC, no WCC enrollee is eligible for
unemployment compensation benefits by virtue of his or her employment in the
WCC. Under current state law governing the unemployment compensation
program, employes of state agencies are potentially eligible for benefits. However,
an individual serving in a position receiving work relief or work training as a part
of a work-training or work-relief program assisted or funded by a state agency is not
eligible for benefits based on such service except as the agency otherwise elects with
the approval DILJD.
This bill provides that any individual who serves as a WCC member or assistant
crew leader in the WCC is not eligible for unemployment compensation benefits
based on such service, irrespective of whether the individual is participating in a
work-relief or work-training program, and irrespective of any election by the WCC
board.
Environment
Water quality
The federal Safe Drinking Water Act was amended in 1996 to provide funding
to states for revolving loan programs to fund projects that will facilitate compliance
with national drinking water regulations or otherwise further the health protection
objectives of the act.
This bill requires the department of natural resources (DNR) and the
department of administration (DOA) to administer a safe drinking water loan
program under which this state accepts the federal funding made available under
the Safe Drinking Water Act, issues general obligation bonds to provide the required
state matching funds and makes loans to local governmental units for projects to
protect or improve drinking water quality. The loans are at 55% of market interest
rate for most local governmental units and at 33% of market interest rate for local
governmental units that meet financial eligibility criteria established by DNR,
except that the joint committee on finance (JCF) may change the interest rates at the
request of DNR and DOA. DNR must establish funding lists for eligible projects,
with priority given to projects that address the most serious risks to human health,
that are necessary to ensure compliance with the Safe Drinking Water Act and that
assist local governmental units that are most in need on a per household basis.
This bill creates a program to guarantee loans for projects to improve the
quality of drinking water provided by certain water systems that are not owned by
local governmental units. The Wisconsin housing and economic development
authority (WHEDA) guarantees the loans and DNR establishes the eligibility
requirements and determines whether loans are eligible for guarantees. Federal
funds provided under the Safe Drinking Water Act are used to guarantee the loans
and the bill requires the eligibility requirements for loan guarantees to be consistent
with federal requirements.
This bill authorizes DNR, with DOA's approval, to use up to 27% of the funds
provided under the Safe Drinking Water Act for other purposes related to drinking
water quality, including making loans for projects to protect the quality of the source
waters for drinking water systems. The bill also authorizes the governor to transfer
a portion of the federal funds provided under the Safe Drinking Water Act to the
clean water fund program, which provides funding primarily to sewage treatment
projects, or to transfer a portion of the federal funds provided for the clean water fund
program to the safe drinking water loan program. These transfers are authorized
by federal law.
The Safe Drinking Water Act authorizes a state to have primary enforcement
authority over drinking water matters if the state satisfies certain requirements.
Currently, this state has primary enforcement authority. A federal law enacted in
1996 requires a state to have authority to impose administrative penalties for safe
drinking water violations in order to maintain primary enforcement authority. This
bill authorizes DNR to impose forfeitures (civil monetary penalties) for safe drinking
water violations.
Under current law, DNR, in conjunction with the department of agriculture,
trade and consumer protection (DATCP), the land and water conservation board
(LWCB) and local governmental units, administers a program to provide financial
assistance for measures to reduce water pollution from nonpoint (diffuse) sources.
Currently, under the nonpoint source program, DNR biennially recommends
watersheds to the LWCB for designation as priority watersheds and the LWCB
designates priority watersheds. DNR is required to complete the process of the
planning nonpoint source projects in all priority watersheds by December 31, 2015.
This bill requires DNR to prepare a list of the watersheds in this state in order
of the level of impairment of the waters in each watershed caused by nonpoint source
pollution and to submit the list to the LWCB no later than January 1, 1998. The bill
requires the LWCB to identify priority watersheds based on the list and
recommendations by DNR and DATCP. DNR and DATCP must limit the number of
watersheds that they recommend to the number that they determine will enable
DNR to comply with the December 31, 2015, planning deadline.
Under this bill, a governmental unit may request funding for a nonpoint source
project in a particular year by submitting an application to the LWCB no later than
July 15 of the preceding year. DNR must use criteria approved by the LWCB to score
each proposed project. Then, before November 1, the LWCB must select the projects
for funding in the next year.
Under current law, the LWCB may authorize the transfer of funds appropriated
to DNR for the nonpoint source program to DATCP for grants to certain farmers for
animal waste management facilities. The grants may be made only for facilities that
will be located in priority watersheds. This bill eliminates this requirement.
Under current law, persons who discharge pollutants to the waters of this state
from a point source, such as a factory, must obtain a permit from DNR. This bill
requires DNR to administer at least one pilot project to evaluate the trading of water
pollution credits. A pilot project may authorize a person required to obtain a water
pollution permit to increase the discharge of pollutants above levels that would
otherwise be authorized in the permit if the person reaches an agreement with
another person under which the other person agrees to reduce the amount of
pollution that the person causes or reaches an agreement with DNR or a local
governmental unit under which the person pays money to DNR or the local
governmental unit and DNR or the local governmental unit uses the money to reduce
water pollution.
Under the clean water fund program, this state provides financial assistance
for projects to control water pollution, including sewage treatment plants. The
budget act for each fiscal biennium establishes the present value of the subsidies that
may be provided under the clean water fund during that fiscal biennium. This bill
sets the present value of the clean water fund subsidies that may be provided during
the 1997-99 fiscal biennium at $82,400,000.
Current law provides 3 interest rates for clean water fund loans, 2 subsidized
rates plus the market interest rate, depending on the type of project to be funded by
the loan. Under current law, DNR establishes the subsidized interest rates by rule,
except that the joint committee on finance (JCF) may change the interest rates at the
request of DNR and DOA.
This bill establishes 3 clean water fund loan interest rates for projects that are
eligible for a subsidized interest rate, ranging from 55% to 70% of the market interest
rate, depending on the type of project, except that JCF may change the interest rates
at the request of DNR and DOA.
Current law requires DNR and DOA to prepare a biennial finance plan for the
clean water fund program. This bill eliminates the requirements that the plan
include projections of wastewater treatment needs and financial assistance to be
provided beyond the next fiscal biennium and that the plan describe the extent to
which the clean water fund will be maintained in perpetuity.
Current law requires each person who generates solid or hazardous waste to
pay, in addition to other fees, a well compensation fee of one cent per ton for each ton
of solid or hazardous waste disposed of by that generator. This bill increases the well
compensation fee paid by generators of solid or hazardous waste from one cent per
ton to 4 cents per ton.
Hazardous substances and environmental cleanup
This bill authorizes DNR and DOA to administer a land recycling loan program
under which this state provides loans to cities, villages, towns and counties (political
subdivisions) for projects to remedy environmental contamination at sites owned by
political subdivisions where the environmental contamination has affected, or
threatens to affect, groundwater or surface water. The loans are made from the
revolving loan fund used to fund the clean water fund program. The loans are at 55%
of market interest rate. Under the program, DNR must establish funding lists for
eligible projects with rankings based on the potential of projects to reduce
environmental pollution and threats to human health and, for sites that are not
landfills, the extent to which projects will prevent the development of undeveloped
land by making land available for redevelopment after a cleanup is conducted. The
bill prohibits a political subdivision from selling a site for which a loan was provided,
while the loan is outstanding, for less than fair market value. If a political
subdivision sells a site, it must use the proceeds to pay any outstanding loan balance,
but may retain a portion of the proceeds after paying the balance.
This bill eliminates a program under which DNR is authorized to use the
proceeds of general obligation bonds to make grants to political subdivisions for
investigations and cleanups of contaminated sites owned by political subdivisions.
Current law generally requires a person who possesses or controls a hazardous
substance that is discharged or who causes the discharge of a hazardous substance
to restore the environment to the extent practicable and to minimize the harmful
effects of the discharge on the environment. Under current law, a local government
that acquires land through tax delinquency or bankruptcy proceedings, or from
another local government that acquired land by such means, is exempt from
requirements relating to correcting discharges of hazardous substances on that land.
Under this bill, this exemption does not apply to a local government that fails
to take certain actions directed by DNR to reduce to acceptable levels any substantial
threat to public health or safety posed by the land when put to its intended use or if
the discharge is a discharge of a hazardous substance from a federally regulated
underground storage tank.
Under current law, a money lender that acquires land through enforcement of
a security interest is not liable for a discharge of a hazardous substance on that land
if, in addition to meeting other requirements, the lender conducts a DNR-approved
environmental assessment of the land within 90 days after acquiring the land. This
bill allows environmental assessments conducted before the lender acquired the land
to be used to satisfy this condition. However, if the prior assessment is conducted
more than one year before the lender acquires the land, the prior assessment may
not be used unless, within 90 days after acquiring the land, the lender visually
inspects the land to verify the accuracy of the environmental assessment, submits
the assessment and inspection results to DNR, corrects the assessment's
inadequacies and reimburses DNR for the cost of its review.
Under current law, DNR has a lien upon land for unrecovered expenses
incurred by DNR to contain, remove or dispose of abandoned containers of hazardous
substances. This bill eliminates DNR's liens upon such land.
Under current law, a landowner who acquired land after a hazardous substance
was discharged on the land is exempt from absolute requirements to restore the
environment and minimize the harmful effects of the discharge, if the purchaser, in
a manner approved by DNR, investigates and restores the environment, minimizes
the harmful effects of the discharge and thereafter maintains and monitors the land.
The exemption continues to apply even if changes to the law would impose greater
responsibilities on the purchaser, or if it is subsequently discovered that the
purchaser's efforts failed to fully restore the environment, failed to minimize the
harmful effects of the discharge or that the contamination was more extensive than
anticipated. The exemption is transferable to subsequent owners who continue to
monitor and maintain the property as approved by DNR.
This bill provides that any person who did not cause the discharge, who did not
control the hazardous substance prior to its discharge and who did not participate
in the management, control or ownership of a business or entity that caused the
initial release of the hazardous substance on the property, is eligible for this
exemption.
With certain limitations, the bill also exempts such a person from the following:
1. Minimum standards for operation, monitoring and maintenance of solid
waste facilities.
2. Certain corrective action orders issued by DNR.
3. Liability for repayment of costs incurred by this state for environmental
repair to the land.
4. Environmental repair fees and surcharges paid by waste generators.
5. Licensing and certification requirements for the treatment, storage and
disposal of hazardous waste on the land.
The bill allows DNR to issue a certificate indicating approval of restoration
efforts that eliminated the harmful effects of a discharge from only part of the
affected land. The certificate exempts a person from liability only with respect to the
portion of the land that was successfully restored. The bill also makes these
exemptions available to a person who owned the land when the hazardous substance
was first released and makes these exemptions available regardless of who
investigates the land, when the investigation is conducted and who restores the land.
The bill provides that a person who owns land contaminated by a hazardous
substance is not required to respond to that hazardous substance if the hazardous
substance migrated from land owned by another and if the person did not cause the
original discharge. The bill also authorizes DNR to issue a written determination
that the person is not required to respond to the hazardous substance if the person
agrees to cooperate with DNR's efforts to respond to the hazardous substance and to
avoid taking actions that worsen the problem.
The bill authorizes DNR to enter into an agreement containing a schedule for
conducting a cleanup of a hazardous substance discharge required by the current law
if the discharge does not endanger public health. If a person violates such an
agreement, DNR may refer the matter to the department of justice for enforcement.
The bill authorizes a person who discovers a discharge of a hazardous substance
on his or her property as a result of conducting an environmental investigation of the
property to delay conducting a cleanup required by current law if all of the following
conditions are satisfied:
1. The person gives a summary of the environmental investigation to DNR.
2. DNR determines that the discharge does not pose an immediate and direct
threat to human health or the environment.
3. The person does not make the discharge worse.
4. Within 3 years (or 6 years under certain circumstances) the person enters
into an agreement with DNR containing a schedule for conducting the cleanup.
The bill provides that a tax-exempt economic development corporation that
owns land on which a hazardous substance has been discharged is not required to
restore the environment or minimize the harmful effects of the discharge if the
corporation acquired the property for economic development purposes and the
corporation did not cause the discharge.
The bill provides that a person who investigates property to determine the
existence of a discharge of a hazardous substance or to get information about a
discharge is not considered to possess or control the hazardous substance or cause
the discharge of the hazardous substance as the result of conducting the
investigation. This provision does not apply, however, if the person who conducts the
investigation physically causes a discharge or exacerbates an existing discharge.
Under current law, a person who provides assistance or advice in handling
problems in emergency or potential emergency situations relating to the discharge
of a hazardous substance or the threat of such a discharge is immune from civil
liability for acts or omissions in providing the assistance or advice. The immunity
does not extend to persons who are paid for their advice and assistance, who cause
and are liable for the hazardous substance discharge, or whose acts or omissions are
grossly negligent or involve reckless, wanton or intentional misconduct.
This bill creates immunity from any civil liability related to a hazardous
substance that was released on land before the person claiming the immunity took
title to, or possession or control of, the land. The immunity is available only to
specified persons who by their actions qualify for other immunities from liability
relating to discharged hazardous substances. The bill does not provide immunity
from a claim arising under a contract.
Under the current stewardship program, DNR may provide grants to local
units of government to acquire land for urban green space, for local parks and for the
preservation or restoration of urban rivers or riverfronts. DNR also may provide
grants to nonprofit conservation organizations to acquire land for trails as well as for
these 3 purposes. This bill requires that DNR give higher priority in awarding these
grants to projects related to brownfields redevelopment. A "brownfield" is an idle or
underused industrial or commercial facility or site that is adversely affected with
respect to expansion or redevelopment by actual or perceived environmental
contamination.
Under current law, the department of commerce administers a program to
reimburse owners of certain petroleum product storage tanks for a portion of the
costs of cleaning up discharges from those tanks. This program is commonly known
as PECFA. This bill requires the department of commerce to give priority in paying
PECFA awards to claims for cleanups at brownfields.
This bill authorizes DNR to provide assistance to any person concerning the
investigation and cleanup of environmental pollution of properties and the
determination of who is liable for that pollution. The bill authorizes DNR to charge
fees to offset the costs of providing this assistance.
Currently, DNR contracts for construction work related to hazardous substance
spills or environmental repair are exempt from most state procurement
requirements. DNR must award the contracts on the basis of competitive bids or
competitive sealed proposals. However, the governor may waive this requirement
in an emergency. This bill allows the governor to waive these bidding requirements
if DNR desires to use innovative or patented technology that is available from only
one source and that in the judgment of DNR would provide the best practicable
hazardous substance spill response or environmental repair.
Under current law, DNR administers a financial assistance program to assist
with costs related to operating recycling programs and for complying with the
prohibition on disposing of yard waste in landfills. The amount of financial
assistance under the program is generally the lesser of 66% of eligible net costs or
$8 per person. In 1998, the percentage rate for reimbursement of recycling program
capital costs and yard waste disposal costs is reduced from 66% to 50%. In 1999, the
rate is further reduced from 50% to 25%, while the reimbursement rate for other
eligible expenses is reduced from 66% to 50%. The program ends on January 1, 2000.
This bill eliminates the scheduled changes to the funding formula and continues the
current formula used to determine financial assistance under the program until
January 1, 2000.
