SB77: Bill Text

SB77,1459,7 285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.

SB77, s. 3611 Section 3611. 285.59 (2) (intro.) of the statutes is amended to read:

SB77,1459,14 285.59 (2) Salvaging refrigeration equipment. (intro.) After June 30, 1992, except as provided in sub. (3), no person, including a state agency, as defined in s. 234.75 (10), may perform salvaging or dismantling of mechanical vapor compression refrigeration equipment in the course of which ozone-depleting refrigerant is or may be released or removed unless the person certifies all of the following to the department:

SB77, s. 3612 Section 3612. 285.69 (2) (c) (intro.) of the statutes is amended to read:

SB77,1459,18 285.69 (2) (c) (intro.) The fees collected under par. (a) shall be credited to the appropriations under s. 20.370 (2) (bg) and, (3) (bg), (8) (mg) and (9) (mh) for the following:

SB77, s. 3613 Section 3613. 285.69 (3) of the statutes is amended to read:

SB77,1460,2 285.69 (3) Asbestos inspection fees. The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection may not exceed $200 per project. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (ei) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection projects regulated by the department.

SB77, s. 3614 Section 3614. 287.09 (3) (b) of the statutes is amended to read:

SB77,1460,13 287.09 (3) (b) Adopt an ordinance to enforce the program established under sub. (2) (a). The ordinance may include a schedule of forfeitures to be imposed for violations of that ordinance. The ordinance may authorize the responsible unit or person designated under par. (a) to refuse to accept solid waste at the recycling facility or site if the solid waste is a container for an industrial pesticide, as defined in s. 94.681 (1) (b), or a nonhousehold pesticide, as defined in s. 94.68 (3) (a) 2. 94.681 (1) (c), is contaminated or is otherwise in a condition that makes recycling infeasible. The ordinance may require a person to use a facility for the recycling of solid waste or for the recovery of resources from solid waste, as defined in s. 287.13 (1) (d), only as provided under s. 287.13.

SB77, s. 3615 Section 3615. 287.23 (5) (c) 1. of the statutes is repealed.

SB77, s. 3616 Section 3616. 287.23 (5) (c) 2. of the statutes is amended to read:

SB77,1460,19 287.23 (5) (c) 2. Except as provided in subd. 5. or sub. (5e), for all other responsible units, the amount of the grant for 1993 through 1997 1999 equals either 66% of the difference between eligible expenses and avoided disposal costs or $8 times the population of the responsible unit, whichever is less.

SB77, s. 3617 Section 3617. 287.23 (5) (c) 3. of the statutes is repealed.

SB77, s. 3618 Section 3618. 287.23 (5) (c) 4. of the statutes is repealed.

SB77, s. 3619 Section 3619. 287.23 (5) (c) 5. of the statutes is amended to read:

SB77,1460,24 287.23 (5) (c) 5. If the amount calculated under subd. 1., 2., 3. or 4. is less than 33% of eligible expenses, the grant equals 33% of eligible expenses.

SB77, s. 3620 Section 3620. 287.23 (5e) of the statutes is amended to read:

SB77,1461,6 287.23 (5e) Proration. If available funds are insufficient, under sub. (5) (c) 2., 3. or 4., to pay $8 times the population of all of the responsible units that are entitled to that amount, the department shall distribute the funds so that each responsible unit that would be entitled to $6 times its population if the per person amount in sub. (5) (c) 2., 3. or 4. were $6 receives $6 times its population and shall prorate the remaining funds.

SB77, s. 3621 Section 3621. 287.41 (3) of the statutes is amended to read:

SB77,1461,12 287.41 (3) The board shall submit quarterly progress reports to the appropriate standing committees of the legislature, as determined by the presiding officer of each house, under s. 13.172 (3), describing the board's progress in implementing the strategic plan and how the board's technical assistance, awarding of financial assistance and other activities conform to the strategic plan.

SB77, s. 3622 Section 3622. 287.42 (2s) of the statutes is repealed.

SB77, s. 3623 Section 3623. 287.42 (5) of the statutes is amended to read:

SB77,1461,19 287.42 (5) In consultation with the council on recycling, annually Annually establish a list of materials recovered from solid waste for which financial assistance may be provided under this subchapter, which shall include the materials specified in s. 287.07 (3), based on the board's analysis of current and future markets for materials recovered from solid waste.

SB77, s. 3624 Section 3624. 287.44 (1) of the statutes is amended to read:

SB77,1461,21 287.44 (1) Provide Award financial assistance under s. 287.46.

SB77, s. 3625 Section 3625. 287.44 (2) of the statutes is amended to read:

SB77,1461,25 287.44 (2) Fund Award funding for research concerning markets for recovered materials and the development of markets for recovered materials to maintain present markets or to create new or expanded markets.

SB77, s. 3626 Section 3626. 287.44 (3) of the statutes is amended to read:

SB77,1462,3 287.44 (3) Fund Award funding for research to improve the recovery, processing or distribution of a recovered material.

SB77, s. 3627 Section 3627. 287.46 (1) of the statutes is amended to read:

SB77,1462,10 287.46 (1) The board may provide award financial assistance, directly or in cooperation with another person, to a governmental entity or a business entity to assist waste generators in the marketing of recovered materials or to develop markets for recovered materials. Forms of financial assistance provided awarded by the board, and by a recipient of financial assistance from awarded by the board, may include grants, loans and manufacturing rebates.

SB77, s. 3628 Section 3628. 287.46 (3) of the statutes is amended to read:

SB77,1462,17 287.46 (3) If the board awards assistance under sub. (1) that results in a loan being made by the recipient to another person, the board may direct that the repayments of the loan's principal and any interest either be repaid to the recipient for use in a revolving loan fund or returned to the board be repaid to the department of commerce. The board department of commerce shall credit any funds received under this subsection to the appropriation account under s. 20.143 (1) (L).

SB77, s. 3629 Section 3629. 287.46 (4) of the statutes is renumbered 287.46 (4) (b) and amended to read:

SB77,1462,23 287.46 (4) (b) In any biennium, the board department of commerce may not expend more than 10% of the amount appropriated under s. 20.143 (1) (tm) for that biennium for contracts with and financial assistance to responsible units and other local units of government.

SB77, s. 3630 Section 3630. 287.46 (4) (a) of the statutes is created to read:

SB77,1463,5 287.46 (4) (a) From the appropriations under s. 20.143 (1) (L) and (tm), the department of commerce shall provide financial assistance awarded by the board under this subchapter. Subject to par. (b), from the appropriation under s. 20.143 (1) (tm), the department of commerce shall pay contracts entered into by the board under s. 287.42 (3).

SB77, s. 3631 Section 3631. 287.48 of the statutes is repealed.

SB77, s. 3632 Section 3632. 287.49 of the statutes is repealed.

SB77, s. 3633 Section 3633. 289.41(3) (c) of the statutes is amended to read:

SB77,1463,12 289.41 (3) (c) Changes. The owner or operator may change from one standard method of establishing proof of financial responsibility under par. (a) to another or to a net worth method of establishing proof of financial responsibility under sub. (3m) or (4).

SB77, s. 3634 Section 3634. 289.41 (3m) of the statutes is created to read:

SB77,1463,16 289.41 (3m) Fiscal capacity method of establishing proof of financial responsibility for political subdivisions. (a) Definition. In this subsection, "political subdivision" means a city, village, town or county.

SB77,1463,19 (b) Criteria for fiscal capacity method. A political subdivision may establish proof of financial responsibility required under sub. (2) (a), (c) or (d) by applying to the department and meeting all of the following criteria:

SB77,1463,25 1. The aggregate amount of indebtedness of the political subdivision is less than the maximum indebtedness allowed under s. 67.03 (1), by an amount that is at least 6 times the estimated total costs of compliance with the closure and any long-term care requirements specified in the plan of operation or the approved plan under s. 291.29 plus 6 times the costs of any corrective action required under s. 291.37.

SB77,1464,6 2. The estimated annual cost of compliance with the closure and any long-term care requirements specified in the plan of operation or the approved plan under s. 291.29 plus the costs of any corrective action required under s. 291.37, if paid entirely by property tax revenues, will not require a property tax levy of more than 10 cents per $1,000 of the value of taxable property located in the political subdivision as equalized for state purposes.

SB77,1464,10 3. In the most recent bond ratings before the determination under par. (d) is made, the political subdivision has not received a bond rating of less than "A" from the Moody's Investor Service, Inc., or less than "A" from Standard and Poor's Corporation.

SB77,1464,14 (c) Application. A political subdivision that seeks to establish proof of financial responsibility utilizing the fiscal capacity method shall submit an application to the department as a part of the initial license application and annually thereafter, that includes all information necessary to demonstrate compliance with par. (b).

SB77,1464,18 (d) Department determination under fiscal capacity method. 1. If the department determines that a political subdivision complies with the criteria in par. (b), then the department shall find that the political subdivision satisfies the requirements for proof of financial responsibility for the year.

SB77,1464,22 2. If the department determines that the political subdivision does not comply with par. (b), the department shall issue findings of fact to support this determination and provide the political subdivision with an opportunity for a hearing.

SB77,1465,3 3. In order to continue to meet the fiscal capacity requirements each year, a political subdivision shall reapply under par. (c). Subsequent determinations by the department shall take into consideration any changes in the plan of operation and adjustments to the estimated total cost of compliance with closure and any long-term care or corrective action requirements because of inflation or other changes.

SB77,1465,6 4. Whenever the department has reason to believe that a political subdivision no longer satisfies the fiscal capacity requirements, it may require the political subdivision to submit information and materials to show compliance.

SB77,1465,10 5. If a political subdivision does not comply with the criteria in par. (b) during the annual review or at any special review, the political subdivision shall establish proof of financial responsibility utilizing one of the standard methods under sub. (3) within 90 days after the department issues its findings.

SB77,1465,12 (e) Variances. The department may not grant a variance to any requirement of this subsection.

SB77,1465,17 (f) Joint ownership. If a solid waste disposal facility or hazardous waste facility is owned or operated by more than one political subdivision, any of the political subdivisions may seek to establish proof of financial responsibility under this subsection. The requirements of this subsection apply to each political subdivision in proportion to its interest in the facility.

SB77, s. 3635 Section 3635. 289.41 (11) (a) 5. of the statutes is created to read:

SB77,1466,6 289.41 (11) (a) 5. And if the owner or operator received approval to use the fiscal capacity method of proving financial responsibility under sub. (3m), the department shall notify the department of administration of the amount, as determined under sub. (3m), necessary to pay for the costs of complying with the closure and long-term care requirements of the plan of operation or approved plan under s. 291.29 After receiving notice from the department of natural resources, the department of administration shall collect the amounts due by deducting those amounts from any state payments due the political subdivision or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. The department of administration shall deposit those amounts in the waste management fund. The amounts collected under this subdivision from state payments due the political subdivision shall be collected from the amount of payments due after collection of any principal repayment or interest payments under s. 281.59 (11) (b).

SB77, s. 3636 Section 3636. 289.41 (11) (am) 5. of the statutes is created to read:

SB77,1466,20 289.41 (11) (am) 5. And if the owner or operator received approval to use the fiscal capacity method of proving financial responsibility under sub. (3m), the department of natural resources shall determine the amounts necessary to pay for the costs of complying with corrective action requirements under s. 291.37 and shall notify the department of administration of those amounts. After receiving notice from the department of natural resources, the department of administration shall collect the amounts due by deducting those amounts from any state payments due the political subdivision or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. The department of administration shall deposit those amounts in the waste management fund. The amounts collected under this subdivision from state payments due the political subdivision shall be collected from the amount of payments due after collection of any principal repayment or interest payments under s. 281.59 (11) (b).

SB77, s. 3637 Section 3637. 289.43 (7) (e) 3. of the statutes is amended to read:

SB77,1466,23 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the appropriation appropriations under s. 20.370 (2) (dg) and (9) (mj).

SB77, s. 3638 Section 3638. 289.62 (1) (g) of the statutes is amended to read:

SB77,1467,2 289.62 (1) (g) Use of tonnage fees. Tonnage fees paid by a nonapproved facility shall be paid into the environmental fund for environmental repair management.

SB77, s. 3639 Section 3639. 289.63 (3) (b) of the statutes is amended to read:

SB77,1467,6 289.63 (3) (b) The well compensation fee imposed under sub. (1) for solid waste or hazardous waste, excluding prospecting or mining waste, is one cent 4 cents per ton.

SB77, s. 3640 Section 3640. 289.63 (8) of the statutes is amended to read:

SB77,1467,12 289.63 (8) Use of groundwater, solid waste capacity and well compensation fees. The groundwater fees collected under sub. (2) shall be credited to the environmental fund for groundwater environmental management. The well compensation and solid waste capacity fees collected under sub. (2) shall be credited to the environmental fund for environmental repair management.

SB77, s. 3641 Section 3641. 289.67 (1) (h) of the statutes is amended to read:

SB77,1467,15 289.67 (1) (h) Use of environmental repair fee. The fees collected under par. (b) shall be credited to the environmental fund for environmental repair management.

SB77, s. 3642 Section 3642. 289.67 (2) (c) 5. of the statutes is created to read:

SB77,1467,19 289.67 (2) (c) 5. Hazardous wastes that are collected by a county under a program for the collection and disposal of chemicals that are used for agricultural purposes, including pesticides, as defined in s. 94.67 (25).

SB77, s. 3643 Section 3643. 289.67 (2) (e) of the statutes is amended to read:

SB77,1467,22 289.67 (2) (e) All moneys received under this subsection shall be credited to the environmental fund for environmental repair management.

SB77, s. 3644 Section 3644. 289.67 (3) (c) of the statutes is amended to read:

SB77,1468,3 289.67 (3) (c) Use of environmental repair base fees. Environmental repair base fees shall be credited to the environmental fund for environmental repair management.

SB77, s. 3645 Section 3645. 289.67 (4) (c) of the statutes is amended to read:

SB77,1468,7 289.67 (4) (c) Use of environmental repair surcharge. Environmental repair surcharges shall be credited to the environmental fund for environmental repair management.

SB77, s. 3646 Section 3646. 291.15 (2) (d) of the statutes is amended to read:

SB77,1469,3 291.15 (2) (d) Use of confidential records. Except as provided under par. (c) and this paragraph the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of this chapter. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency or its authorized representative records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency or its authorized representative to protect the confidentiality of the records or other information. The department or the department of justice shall release to the department of industry, labor and job development records and other information granted confidential status under this subsection if requested by the department of industry, labor and job development under s. 49.22 (2m).

SB77, s. 3647 Section 3647. 291.97 (2) (b) (intro.) of the statutes is amended to read:

SB77,1469,7 291.97 (2) (b) (intro.) Any person who wilfully does any of the following shall be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 5 7 years and 6 months or both:

SB77, s. 3648 Section 3648. 291.97 (2) (c) of the statutes is amended to read:

SB77,1469,11 291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than one year in the Wisconsin state prisons 2 years or both.

SB77,1469,14 2. For a 2nd or subsequent violation under par. (b), a person shall be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 10 15 years or both.

SB77, s. 3649 Section 3649. 292.01 (18) of the statutes is amended to read:

SB77,1469,17 292.01 (18) "Site or facility" means, except in ss. s. 292.35 and 292.61, an approved facility, an approved mining facility, a nonapproved facility or a waste site.

SB77, s. 3650 Section 3650. 292.11 (6) (c) 1. of the statutes is amended to read:

SB77,1469,20 292.11 (6) (c) 1. Reimbursements to the department under sub. (7) (b) shall be credited to the environmental fund for environmental repair management.

SB77, s. 3651 Section 3651. 292.11 (7) (d) of the statutes is created to read: