SB77, s. 3625
22Section
3625. 287.44 (2) of the statutes is amended to read:
SB77,1461,2523
287.44
(2) Fund Award funding for research concerning markets for recovered
24materials and the development of markets for recovered materials to maintain
25present markets or to create new or expanded markets.
SB77, s. 3626
1Section
3626. 287.44 (3) of the statutes is amended to read:
SB77,1462,32
287.44
(3) Fund Award funding for research to improve the recovery,
3processing or distribution of a recovered material.
SB77, s. 3627
4Section
3627. 287.46 (1) of the statutes is amended to read:
SB77,1462,105
287.46
(1) The board may
provide
award financial assistance, directly or in
6cooperation with another person, to a governmental entity or a business entity to
7assist waste generators in the marketing of recovered materials or to develop
8markets for recovered materials. Forms of financial assistance
provided awarded by
9the board, and by a recipient of financial assistance
from awarded by the board, may
10include grants, loans and manufacturing rebates.
SB77, s. 3628
11Section
3628. 287.46 (3) of the statutes is amended to read:
SB77,1462,1712
287.46
(3) If the board awards assistance under sub. (1) that results in a loan
13being made by the recipient to another person, the board may direct that the
14repayments of the loan's principal and any interest either be repaid to the recipient
15for use in a revolving loan fund or
returned to the board be repaid to the department
16of commerce. The
board department of commerce shall credit any funds received
17under this subsection to the appropriation
account under s. 20.143 (1) (L).
SB77, s. 3629
18Section
3629. 287.46 (4) of the statutes is renumbered 287.46 (4) (b) and
19amended to read:
SB77,1462,2320
287.46
(4) (b) In any biennium, the
board department of commerce may not
21expend more than 10% of the amount appropriated under s. 20.143 (1) (tm) for that
22biennium for contracts with and financial assistance to responsible units and other
23local units of government.
SB77, s. 3630
24Section
3630. 287.46 (4) (a) of the statutes is created to read:
SB77,1463,5
1287.46
(4) (a) From the appropriations under s. 20.143 (1) (L) and (tm), the
2department of commerce shall provide financial assistance awarded by the board
3under this subchapter. Subject to par. (b), from the appropriation under s. 20.143 (1)
4(tm), the department of commerce shall pay contracts entered into by the board
5under s. 287.42 (3).
SB77, s. 3633
8Section
3633. 289.41(3) (c) of the statutes is amended to read:
SB77,1463,129
289.41
(3) (c)
Changes. The owner or operator may change from one standard
10method of establishing proof of financial responsibility under par. (a) to another or
11to a
net worth method of establishing proof of financial responsibility under sub.
(3m)
12or (4).
SB77, s. 3634
13Section
3634. 289.41 (3m) of the statutes is created to read:
SB77,1463,1614
289.41
(3m) Fiscal capacity method of establishing proof of financial
15responsibility for political subdivisions. (a)
Definition. In this subsection,
16"political subdivision" means a city, village, town or county.
SB77,1463,1917
(b)
Criteria for fiscal capacity method. A political subdivision may establish
18proof of financial responsibility required under sub. (2) (a), (c) or (d) by applying to
19the department and meeting all of the following criteria:
SB77,1463,2520
1. The aggregate amount of indebtedness of the political subdivision is less
21than the maximum indebtedness allowed under s. 67.03 (1), by an amount that is at
22least 6 times the estimated total costs of compliance with the closure and any
23long-term care requirements specified in the plan of operation or the approved plan
24under s. 291.29 plus 6 times the costs of any corrective action required under s.
25291.37.
SB77,1464,6
12. The estimated annual cost of compliance with the closure and any long-term
2care requirements specified in the plan of operation or the approved plan under s.
3291.29 plus the costs of any corrective action required under s. 291.37, if paid entirely
4by property tax revenues, will not require a property tax levy of more than 10 cents
5per $1,000 of the value of taxable property located in the political subdivision as
6equalized for state purposes.
SB77,1464,107
3. In the most recent bond ratings before the determination under par. (d) is
8made, the political subdivision has not received a bond rating of less than "A" from
9the Moody's Investor Service, Inc., or less than "A" from Standard and Poor's
10Corporation.
SB77,1464,1411
(c)
Application. A political subdivision that seeks to establish proof of financial
12responsibility utilizing the fiscal capacity method shall submit an application to the
13department as a part of the initial license application and annually thereafter, that
14includes all information necessary to demonstrate compliance with par. (b).
SB77,1464,1815
(d)
Department determination under fiscal capacity method. 1. If the
16department determines that a political subdivision complies with the criteria in par.
17(b), then the department shall find that the political subdivision satisfies the
18requirements for proof of financial responsibility for the year.
SB77,1464,2219
2. If the department determines that the political subdivision does not comply
20with par. (b), the department shall issue findings of fact to support this
21determination and provide the political subdivision with an opportunity for a
22hearing.
SB77,1465,323
3. In order to continue to meet the fiscal capacity requirements each year, a
24political subdivision shall reapply under par. (c). Subsequent determinations by the
25department shall take into consideration any changes in the plan of operation and
1adjustments to the estimated total cost of compliance with closure and any
2long-term care or corrective action requirements because of inflation or other
3changes.
SB77,1465,64
4. Whenever the department has reason to believe that a political subdivision
5no longer satisfies the fiscal capacity requirements, it may require the political
6subdivision to submit information and materials to show compliance.
SB77,1465,107
5. If a political subdivision does not comply with the criteria in par. (b) during
8the annual review or at any special review, the political subdivision shall establish
9proof of financial responsibility utilizing one of the standard methods under sub. (3)
10within 90 days after the department issues its findings.
SB77,1465,1211
(e)
Variances. The department may not grant a variance to any requirement
12of this subsection.
SB77,1465,1713
(f)
Joint ownership. If a solid waste disposal facility or hazardous waste facility
14is owned or operated by more than one political subdivision, any of the political
15subdivisions may seek to establish proof of financial responsibility under this
16subsection. The requirements of this subsection apply to each political subdivision
17in proportion to its interest in the facility.
SB77, s. 3635
18Section
3635. 289.41 (11) (a) 5. of the statutes is created to read:
SB77,1466,619
289.41
(11) (a) 5. And if the owner or operator received approval to use the fiscal
20capacity method of proving financial responsibility under sub. (3m), the department
21shall notify the department of administration of the amount, as determined under
22sub. (3m), necessary to pay for the costs of complying with the closure and long-term
23care requirements of the plan of operation or approved plan under s. 291.29 After
24receiving notice from the department of natural resources, the department of
25administration shall collect the amounts due by deducting those amounts from any
1state payments due the political subdivision or may add a special charge to the
2amount of taxes apportioned to and levied upon the county under s. 70.60. The
3department of administration shall deposit those amounts in the waste management
4fund. The amounts collected under this subdivision from state payments due the
5political subdivision shall be collected from the amount of payments due after
6collection of any principal repayment or interest payments under s. 281.59 (11) (b).
SB77, s. 3636
7Section
3636. 289.41 (11) (am) 5. of the statutes is created to read:
SB77,1466,208
289.41
(11) (am) 5. And if the owner or operator received approval to use the
9fiscal capacity method of proving financial responsibility under sub. (3m), the
10department of natural resources shall determine the amounts necessary to pay for
11the costs of complying with corrective action requirements under s. 291.37 and shall
12notify the department of administration of those amounts. After receiving notice
13from the department of natural resources, the department of administration shall
14collect the amounts due by deducting those amounts from any state payments due
15the political subdivision or may add a special charge to the amount of taxes
16apportioned to and levied upon the county under s. 70.60. The department of
17administration shall deposit those amounts in the waste management fund. The
18amounts collected under this subdivision from state payments due the political
19subdivision shall be collected from the amount of payments due after collection of any
20principal repayment or interest payments under s. 281.59 (11) (b).
SB77, s. 3637
21Section
3637. 289.43 (7) (e) 3. of the statutes is amended to read:
SB77,1466,2322
289.43
(7) (e) 3. All fees collected under this paragraph shall be credited to the
23appropriation appropriations under s. 20.370 (2) (dg)
and (9) (mj).
SB77, s. 3638
24Section
3638. 289.62 (1) (g) of the statutes is amended to read:
SB77,1467,2
1289.62
(1) (g)
Use of tonnage fees. Tonnage fees paid by a nonapproved facility
2shall be paid into the environmental fund for environmental
repair management.
SB77, s. 3639
3Section
3639. 289.63 (3) (b) of the statutes is amended to read:
SB77,1467,64
289.63
(3) (b) The well compensation fee imposed under sub. (1) for solid waste
5or hazardous waste, excluding prospecting or mining waste, is
one cent 4 cents per
6ton.
SB77, s. 3640
7Section
3640. 289.63 (8) of the statutes is amended to read:
SB77,1467,128
289.63
(8) Use of groundwater, solid waste capacity and well compensation
9fees. The groundwater fees collected under sub. (2) shall be credited to the
10environmental fund for
groundwater environmental management. The well
11compensation and solid waste capacity fees collected under sub. (2) shall be credited
12to the environmental fund for environmental
repair
management.
SB77, s. 3641
13Section
3641. 289.67 (1) (h) of the statutes is amended to read:
SB77,1467,1514
289.67
(1) (h)
Use of environmental repair fee. The fees collected under par. (b)
15shall be credited to the environmental fund for environmental
repair management.
SB77, s. 3642
16Section
3642. 289.67 (2) (c) 5. of the statutes is created to read:
SB77,1467,1917
289.67
(2) (c) 5. Hazardous wastes that are collected by a county under a
18program for the collection and disposal of chemicals that are used for agricultural
19purposes, including pesticides, as defined in s. 94.67 (25).
SB77, s. 3643
20Section
3643. 289.67 (2) (e) of the statutes is amended to read:
SB77,1467,2221
289.67
(2) (e) All moneys received under this subsection shall be credited to the
22environmental fund for environmental
repair management.
SB77, s. 3644
23Section
3644. 289.67 (3) (c) of the statutes is amended to read:
SB77,1468,3
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, s. 3645
4Section
3645. 289.67 (4) (c) of the statutes is amended to read:
SB77,1468,75
289.67
(4) (c)
Use of environmental repair surcharge. Environmental repair
6surcharges shall be credited to the environmental fund for environmental
repair 7management.
SB77, s. 3646
8Section
3646. 291.15 (2) (d) of the statutes is amended to read:
SB77,1469,39
291.15
(2) (d)
Use of confidential records. Except as provided under par. (c) and
10this paragraph the department or the department of justice may use records and
11other information granted confidential status under this subsection only in the
12administration and enforcement of this chapter. The department or the department
13of justice may release for general distribution records and other information granted
14confidential status under this subsection if the owner or operator expressly agrees
15to the release. The department or the department of justice may release on a limited
16basis records and other information granted confidential status under this
17subsection if the department or the department of justice is directed to take this
18action by a judge or hearing examiner under an order which protects the
19confidentiality of the records or other information. The department or the
20department of justice may release to the U.S. environmental protection agency or its
21authorized representative records and other information granted confidential status
22under this subsection if the department or the department of justice includes in each
23release of records or other information a request to the U.S. environmental
24protection agency or its authorized representative to protect the confidentiality of
25the records or other information.
The department or the department of justice shall
1release to the department of industry, labor and job development records and other
2information granted confidential status under this subsection if requested by the
3department of industry, labor and job development under s. 49.22 (2m).
SB77, s. 3647
4Section
3647. 291.97 (2) (b) (intro.) of the statutes is amended to read:
SB77,1469,75
291.97
(2) (b) (intro.) Any person who wilfully does any of the following shall
6be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than
75 7 years
and 6 months or both:
SB77, s. 3648
8Section
3648. 291.97 (2) (c) of the statutes is amended to read:
SB77,1469,119
291.97
(2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall
10be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than
11one year in the Wisconsin state prisons 2 years or both.
SB77,1469,1412
2. For a 2nd or subsequent violation under par. (b), a person shall be fined not
13less than $5,000 nor more than $150,000 or imprisoned for not more than
10 15 years
14or both.
SB77, s. 3649
15Section
3649. 292.01 (18) of the statutes is amended to read:
SB77,1469,1716
292.01
(18) "Site or facility" means, except in
ss. s. 292.35
and 292.61, an
17approved facility, an approved mining facility, a nonapproved facility or a waste site.
SB77, s. 3650
18Section
3650. 292.11 (6) (c) 1. of the statutes is amended to read:
SB77,1469,2019
292.11
(6) (c) 1. Reimbursements to the department under sub. (7) (b) shall be
20credited to the environmental fund for environmental
repair management.
SB77, s. 3651
21Section
3651. 292.11 (7) (d) of the statutes is created to read:
SB77,1470,222
292.11
(7) (d) The department may negotiate and enter into an agreement
23containing a schedule for conducting the actions required under sub. (3) with a
24person who possessed or controlled a hazardous substance that was discharged or
1who caused the discharge of a hazardous substance if the discharge does not
2endanger public health.
SB77, s. 3652
3Section
3652. 292.11 (7) (e) of the statutes is created to read:
SB77,1470,64
292.11
(7) (e) If a person violates an order under par. (c) or an agreement under
5par. (d), the department may refer the matter to the department of justice for
6enforcement under s. 299.95.
SB77, s. 3653
7Section
3653. 292.11 (8m) of the statutes is created to read:
SB77,1470,118
292.11
(8m) Delay for certain persons. (a) A person who discovers a discharge
9of a hazardous substance on property owned by the person as a result of conducting
10an environmental investigation of the property may delay taking the actions
11required under sub. (3) if all of the following apply:
SB77,1470,1312
1. The person provides the department with a legal description of the property
13and a summary of the environmental investigation.
SB77,1470,1514
2. The department determines that the discharge does not pose an immediate
15and direct threat to human health or the environment.
SB77,1470,1816
3. The person does not take any action that increases the rate of migration of
17the hazardous substance or that otherwise worsens the effect of the discharge on
18human health or the environment.
SB77,1470,2419
4. The person negotiates with the department concerning an agreement
20containing a schedule for conducting the actions required under sub. (3) and enters
21into the agreement within 3 years of conducting the environmental investigation,
22except that a person who is a voluntary party, as defined in s. 292.15 (1) (f), is not
23required to enter into the agreement until 6 years after conducting the
24environmental investigation.
SB77,1471,3
1(b) The department may not issue an order under sub. (7) (c), and sub. (7) (b)
2does not apply, to a person to whom par. (a) applies unless the person violates the
3agreement under par. (a) 4.
SB77,1471,74
(c) The department may charge fees, in accordance with rules that it
5promulgates, to offset the costs that it incurs reviewing investigations submitted
6under par. (a) 1, making determinations under par. (a) 2. and negotiating agreements
7under par. (a) 4.
SB77, s. 3654
8Section
3654. 292.11 (9) (e) 1. of the statutes is repealed and recreated to read:
SB77,1471,119
292.11
(9) (e) 1. "Local governmental unit" means a municipality, a
10redevelopment authority created under s. 66.431 or a public body designated by a
11municipality under s. 66.435 (4).
SB77, s. 3655
12Section
3655. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:
SB77,1471,1613
292.11
(9) (e) 1m. (intro.) A
municipality local governmental unit is exempt
14from subs. (3), (4) and (7) (b) and (c) with respect to property acquired by the
15municipality local governmental unit before, on or after May 13, 1994, in any of the
16following ways:
SB77, s. 3656
17Section
3656. 292.11 (9) (e) 1m. b. of the statutes is amended to read:
SB77,1471,1918
292.11
(9) (e) 1m. b. From a
municipality local governmental unit that acquired
19the property under a method described in subd. 1m. a.
SB77, s. 3657
20Section
3657. 292.11 (9) (e) 1s. of the statutes is created to read:
SB77,1472,321
292.11
(9) (e) 1s. An economic development corporation described in section
501 22(c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal
23taxation under section
501 (a) of the Internal Revenue Code, or an entity wholly
24owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b)
25and (c) with respect to property acquired before, on or after the effective date of this
1subdivision .... [revisor inserts date], if the property is acquired to further the
2economic development purposes that qualify the corporation as exempt from federal
3taxation.
SB77, s. 3658
4Section
3658. 292.11 (9) (e) 2. of the statutes is amended to read:
SB77,1472,65
292.11
(9) (e) 2.
Subdivision 1. does
Subdivisions 1m. and 1s. do not apply to
6a discharge of a hazardous substance caused by any of the following:
SB77,1472,77
a. An action taken by the
municipality local governmental unit or corporation.
SB77,1472,108
b. A failure of the
municipality local governmental unit or corporation to take
9appropriate action to restrict access to the property in order to minimize costs or
10damages that may result from unauthorized persons entering the property.
SB77,1472,1311
c. A failure of the
municipality local governmental unit or corporation to sample
12and analyze unidentified substances in containers stored aboveground on the
13property.
SB77,1472,1714
d. A failure of the
municipality local governmental unit or corporation to
15remove and properly dispose of, or to place in a different container and properly store,
16any hazardous substance stored aboveground on the property in a container that is
17leaking or is likely to leak.