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.
Under current law, the owner of a solid waste disposal facility (landfill) or a
hazardous waste disposal facility is required to maintain proof of financial
responsibility for the costs of closing the facility and of caring for the facility after it
is closed (for example, monitoring groundwater quality). Current law authorizes
several methods for providing proof of financial responsibility, including providing
a bond or a letter of credit. A business or utility may provide proof of financial
responsibility by satisfying specified financial tests, including measures of net worth
and creditworthiness.
This bill establishes a fiscal capacity method for cities, villages, towns and
counties (political subdivisions) to establish proof of financial responsibility related
to the ownership of a landfill or hazardous waste facility. A political subdivision may
provide proof of financial responsibility under this method by satisfying tests related
to the amount of its indebtedness; the property tax levy that would be required to pay
for closure and long-term care; and the political subdivision's bond ratings.
If a political subdivision that uses the fiscal capacity method of providing proof
of financial responsibility fails to comply with closure, long-term care or corrective
action requirements, this bill requires DOA to collect the amounts necessary to pay
for compliance by deducting those amounts from any state payments due to be paid
to the political subdivision.
Under current law, generators of hazardous waste are generally required to pay
an annual environmental repair fee. Certain kinds of waste are exempted from the
fee, including household hazardous wastes that are collected in a program
administered by a municipality to collect household hazardous wastes, often called
a clean sweep program. This bill exempts from the environmental repair fee
agricultural hazardous wastes that are collected in a program administered by a
county to collect agricultural hazardous wastes, often called an agricultural clean
sweep program.
Leaking petroleum storage tanks
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. The department generally determines the amount of a PECFA award by
subtracting a specified deductible from the amount of the eligible costs.
Under this bill, if a claimant includes certain ineligible costs in a PECFA claim,
the department determines the amount of the PECFA award by subtracting the
amount of those ineligible costs, as a penalty, in addition to the deductible, from the
amount of the eligible costs. The bill requires the department to promulgate a rule
identifying the ineligible costs that will be subtracted.
The bill provides that PECFA reimbursement for interest costs incurred by a
PECFA claimant may not exceed the prime rate, as determined by the department
of commerce. Currently, there is no limit on PECFA reimbursement for interest costs.
The bill authorizes the department of commerce to promulgate rules under
which it may require 2 or more owners of petroleum storage tanks to use the same
service providers to conduct cleanups of discharges from those tanks as a condition
of receiving PECFA reimbursement. The bill also authorizes the department of
commerce to promulgate rules under which the department may select service
providers to provide investigation or remedial action services in specified areas. The
rules may deny PECFA reimbursement for a service performed by a person other
than a selected provider or limit PECFA reimbursement to the amount that the
selected provider would have charged for the service.
Under current law, the owner of an underground petroleum product storage
tank that meets state or federal standards for new underground petroleum product
storage tanks or that has been upgraded to meet state or federal standards for
upgrading existing underground petroleum product storage tanks is generally not
eligible for PECFA reimbursement for discharges from that tank. This bill provides
that the owner of an aboveground petroleum product storage tank that meets state
standards for new aboveground petroleum product storage tanks or that has been
upgraded to meet state standards for upgrading existing aboveground petroleum
product storage tanks is generally not eligible for PECFA reimbursement for
discharges from that tank.
Current law specifies situations in which an owner is ineligible for a PECFA
award, including when the owner has been grossly negligent in maintaining the
storage tank. This bill provides that the owner of a petroleum product storage tank
is also ineligible for a PECFA award if the discharge is caused by someone who
provided services or products to the owner.
Under current law, PECFA reimburses the owner of an underground tank for
compensation paid to 3rd parties for property damages caused by a discharge. This
bill provides that PECFA reimbursement for property damages does not cover the
loss of fair market value resulting from a discharge.
Under the bill, if a person who receives a PECFA award sells equipment or
supplies that were eligible costs for which the PECFA award was issued, the person
must pay the proceeds of the sale to this state.
The bill requires the department of commerce to specify the information that
must be submitted by a person who requests a hearing to contest a PECFA
determination, such as the amount of a PECFA award. If a person fails to submit the
required information, the department may deny the person a hearing.
Under current law, the owner of a storage tank is generally ineligible for a
PECFA award for the cleanup of a discharge from the tank if the owner has received
a PECFA award for an earlier discharge from that tank. This bill eliminates that
ineligibility.
Under the bill, if an owner of a storage tank receives a PECFA award but the
cleanup activities for which that award is granted fail to remedy the discharge, the
owner may receive additional financial assistance for other activities to remedy the
discharge. The amount of the original award plus the additional financial assistance
may not exceed the maximum allowable PECFA award.
Under current law, a PECFA claimant must receive a written determination
from the department of commerce or from DNR, depending on the severity of the
contamination, that the cleanup restored the environment to the extent practicable
and minimized the harmful effects from the discharge to the environment. This bill
authorizes DNR to specify methods of showing that the cleanup restored the
environment to the extent practicable and minimized the harmful effects from the
discharge to the environment, other than a written determination by the department
of commerce or DNR.
Current law limits PECFA awards for discharges from home heating oil tanks
to $500,000 per fiscal year. The law limits PECFA awards for school district heating
oil tanks to 5% of the amount appropriated for PECFA awards in each fiscal year.
This bill limits PECFA awards for school district heating oil tanks plus home heating
oil tanks to 5% of the amount appropriated for PECFA awards in each fiscal year.
Other environment
Under current law, DNR issues various kinds of permits and licenses, such as
water pollution discharge elimination permits, air pollution control permits and
landfill operation licenses. Some facilities are required to obtain several of these
licenses and permits.
This bill requires DNR to administer a pilot program to evaluate innovative
environmental regulatory methods. Under the pilot program, DNR may enter into
not more than 10 cooperative agreements with persons who own or operate facilities
that are required to be covered by licenses or permits issued by DNR under current
law. A cooperative agreement may replace a license or permit identified in the
cooperative agreement and provisions in a cooperative agreement may supercede
provisions in a license or permit.
A cooperative agreement must require the participant in the pilot program to
implement an environmental management system under which the participant
evaluates the effects that the covered facility has on the environment and makes
measurable or noticeable improvements in those effects through planning and
changes in the facility's operations. The bill requires a cooperative agreement to
contain pollution limits that are at least as stringent as the pollution limits under
current law and requires participants to involve interested members of the public in
planning and in monitoring performance under a cooperative agreement.
The bill authorizes DNR to grant variances from requirements in current
environmental laws to participants in the program if those variances promote the
reduction in overall levels of pollution or reduce the administrative burden on state
agencies or participants while providing the information needed to ensure
compliance with environmental requirements.
The bill requires participants in the program to conduct systematic reviews of
their environmental performance. If a review reveals violations of environmental
requirements, a participant must report the violations to the department. The
participant must correct the violations within 90 days of the report or within a longer
period specified in a compliance schedule that must be approved by DNR. If a
participant corrects reported violations within the required period, this state may
not collect forfeitures (civil monetary penalties) for the violations unless the
violations present an imminent threat to public health or the environment, the
violations may cause serious harm to public health or the environment or DNR
discovers the violations before they are reported.
This bill requires DNR to establish a permit guarantee program. Under the
program, DNR refunds application fees paid by persons applying for certain licenses
or permits if DNR fails to make a determination on the licenses or permits within a
time period established by DNR. The bill requires DNR to include specified types of
licenses and permits in the program, including air pollution control permits and
permits relating to navigable waters, and authorizes DNR to include other
environmental licenses and permits in the program.
The bill also allows DNR to promulgate a rule to charge an additional fee for
applications for permits for various projects that affect wetlands or that affect
navigable waters, such as the placement of structures or deposits in lakes and rivers.
DNR may charge this fee if an applicant requests that DNR make a determination
whether to grant the permit in a shorter time than the time period established by
DNR by rule and if DNR can comply with the request.
Current law prohibits mining for metallic minerals without a mining permit
issued by DNR. DNR is required to issue a mining permit if it makes certain findings,
including that the proposed mine will comply with all applicable air, water and solid
and hazardous waste laws.
This bill requires that DNR also find: 1) that proven technology exists to ensure
that the proposed mine will not pollute groundwater or surface water from acid
drainage or from the release of heavy metals; and 2) that the proposed mine will use
that technology.
Current law requires DNR to promulgate rules relating to nonmetallic mining
reclamation. "Nonmetallic mining" is the extraction of nonmetallic substances such
as stone and gravel. The rules must include the text of a nonmetallic mining
ordinance. Counties are generally required to enact ordinances in strict conformity
with the text of the ordinance. This bill eliminates the requirement that DNR
promulgate the text of a nonmetallic mining ordinance by rule. The bill generally
requires counties to enact ordinances that comply with DNR's nonmetallic mining
reclamation rules.
Under current law, nonmetallic mining reclamation standards and a local
nonmetallic mining reclamation ordinance apply to portions of a nonmetallic mining
site that were mined before the ordinance took effect as well as to portions of a site
that are mined after that date, but the standards that apply to portions of a site that
were mined before the effective date are not as stringent. Under this bill, nonmetallic
mining reclamation standards and ordinances only apply to areas that are used for
nonmetallic mining, or for purposes related to nonmetallic mining, on or after the
date on which the bill becomes law. Under the bill, there are no longer different
reclamation standards for areas depending on when they are mined.
Current law authorizes a landowner to register land that has an economically
viable nonmetallic mineral deposit with the register of deeds. Once land is
registered, a local governmental unit may not, by zoning, rezoning or other official
action, permit the erection of structures on the land, or permit other uses of the land,
in a manner that would permanently interfere with the extraction of the mineral
deposit. This does not prohibit a use of the land that is permissible under the zoning
in effect when the land is registered. A registration may not be rescinded.
Under this bill, land may be registered only if it has a marketable nonmetallic
mineral deposit, as determined by a registered geologist or engineer, and if
nonmetallic mining is a permitted or conditional use for the land under the zoning
in effect when the land is registered. Registration lasts for 10 years and may be
renewed for one 10-year period without review of the marketability of the deposit
or the zoning of the land. Under the bill, a local governmental unit may change the
zoning of land that is registered, if the zoning change is necessary to implement a
master plan, comprehensive plan or land use plan that was adopted at least one year
before the rezoning. The zoning change does not take effect during the registration
period in effect when the zoning is changed or during any remaining renewal period,
if the land is eligible for a renewal.
Under current law, the department of transportation administers a motor
vehicle emission inspection and maintenance program in counties in which the air
quality does not meet federally mandated standards. Certain motor vehicles are
required to be inspected for vehicle emissions and to comply with emission
limitations adopted by DNR. Various categories of vehicles are exempt from the
program, including motor vehicles that weigh more than 14,000 pounds. This bill
exempts farm trucks from the motor vehicle emission inspection and maintenance
program.
This bill creates an environmental science council in DOA. The council advises
the governor and state agencies on issues relating to the environment and natural
resources.
This bill creates an environmental performance council in DNR. The council
advises the governor and the secretary of natural resources concerning efforts to
improve the environmental performance of businesses and local governments and
concerning environmental management systems.
Gambling
Under current law, the gaming board is responsible for policy making and rule
making relating to, and for the day-to-day operations of, pari-mutuel racing and
wagering, charitable gaming (bingo and raffles) and crane games. In addition, the
gaming board is responsible for policy making and rule making with respect to the
state lottery. (The department of revenue (DOR) is responsible for the day-to-day
operations of the state lottery.) Finally, the gaming board is responsible for
coordinating all of the state's regulatory activities regarding Indian gaming;
functioning as an Indian gaming liaison among Indians, the general public and the
state; functioning as a clearinghouse for information on Indian gaming and assisting
the governor in determining the types of gaming that may be conducted on Indian
lands; and entering into Indian gaming compacts.
This bill eliminates the gaming board and transfers the racing, charitable
gaming, crane games and Indian gaming authority to the department of
administration (DOA). In addition, the bill transfers the rule-making and
policy-making authority over the state lottery to DOR.
Under the bill, all employe positions of the gaming board become employe
positions of DOA, with the incumbent employes holding the positions in the gaming
board being transferred to DOA.
Under current law, the basic compensation that is paid to a retailer that sells
lottery tickets or lottery shares is 5.5% of the retail price of the lottery tickets or
lottery shares sold by the retailer. This bill raises this compensation amount to 6%
for tickets for scratch-off or instant games, retains the 5.5% compensation for
on-line lottery tickets or lottery shares and authorizes the payment of an additional
0.5% compensation for any games, tickets or shares to retailers that meet certain
sales or marketing goals established, by rule, by DOR.
Under current law, no more than an amount generally equal to 15% of the gross
revenues from the sale of lottery tickets and lottery shares may be used to pay the
expenses for the operation and administration of the state lottery, unless the joint
committee on finance approves an amount greater than 15%. This bill reduces the
15% expense limitation for the operation and administration of the state lottery to
9%, but provides that the compensation paid to retailers who sell lottery tickets or
lottery shares is no longer included in the calculation of the expense limitation.
Under current law, the state may participate in any multistate lottery if that
multistate lottery is in conformity with the requirements of the Wisconsin state
lottery. A multistate lottery is a lottery in which more than one state of the United
States participates. This bill provides that the state may participate in any
multijurisdictional lottery if the lottery is in conformity with the requirements of the
Wisconsin state lottery. A multijurisdictional lottery is a lottery in which more than
one state of the United States, the District of Columbia, the Commonwealth of Puerto
Rico or any territory or possession of the United States or the government of Canada
or any province thereof participates.
Under current law, no person who provides management consultation services
to DOR relating to bids or sealed proposals to supply goods or services to the state
lottery may have any ownership interest in, or any partners, members or
shareholders who have any ownership interest in, any vendor that is under contract
to supply or that submits a bid or competitive sealed proposal to supply those goods
or services.
This bill provides that no person who provides management consultation
services to DOR relating to bids or sealed proposals to supply goods or services to the
state lottery may have an ownership interest of 5% or more in, or any partners,
members or shareholders who have an ownership interest of 5% or more in, any
vendor that is under contract to supply or that submits a bid or competitive sealed
proposal to supply those goods or services.
Under current law, the gaming board is required to promulgate rules for the
selection of lottery retailers on the basis of objective criteria. The rules may not limit
the number of retailers solely on the basis of the population of the municipality in
which the retailer is located. In addition, the rules must include requirements
concerning the financial responsibility of the retailer; the security of the retailer and
the retailer's business; the accessibility of the retailer's location to the public; the
sufficiency of retailers to serve public convenience; the volume of expected lottery
ticket and lottery share sales; the qualifications of retailers; and avoidance of an
undue concentration of retailers in any geographic area of the state.
This bill retains the requirement that rules must be promulgated for the
selection of lottery retailers on the basis of objective criteria, but eliminates all of the
current requirements concerning the contents of the rules.
health and human services
Health
