1999 Wisconsin Act 9

5. Grants for partnerships among statewide organizations and businesses that support activities related to tobacco use cessation and prevention.

6. Marketing activities that promote tobacco use cessation and prevention.

7. Projects designed to reduce tobacco use among minorities and pregnant women.

8. Other tobacco use cessation programs.

9. Surveillance of indicators of tobacco use and evaluation of the activities funded under this section.

10. Development of policies that restrict access to tobacco products and reduce exposure to environmental tobacco smoke.

(c) No recipient of moneys distributed under par. (b) may expend more than 10% of those moneys for administrative costs.

(4) Reports. Not later than July 1, 2001, and annually thereafter, the board shall submit to the governor and to the chief clerk of each house of the legislature for distribution under s. 13.172 (2) a report that evaluates the success of the grant program under sub. (3). The report shall specify the number of grants awarded during the immediately preceding fiscal year and the purpose for which each grant was made. The report shall also specify donations and grants accepted by the board under sub. (5).

(5) Funds. The board may accept for any of its purposes any donations and grants of money, equipment, supplies, materials and services from any person. The board shall include in the report under sub. (4) any donation or grant accepted by the board under this subsection, including the nature, amount and conditions, if any, of the donation or grant and the identity of the donor.

(6) Subcommittees. The board may create subcommittees to assist in its work. If the board creates subcommittees, one of the subcommittees shall address the issue of populations most adversely affected by tobacco.

9,2487 Section 2487. 281.01 (15) of the statutes is amended to read:

281.01 (15) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3) (1).

9,2487p Section 2487p. 281.16 (3) (e) of the statutes is amended to read:

281.16 (3) (e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices or technical standards under this subsection unless cost-sharing is available, under sub. (5) or s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1), 92.15 (4) and 823.08 (3) (c) 2., the department of natural resources shall promulgate rules that specify criteria for determining whether cost-sharing is available under sub. (5) or s. 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source. The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2), 92.105 (1) or 92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.

9,2487r Section 2487r. 281.16 (4) of the statutes is amended to read:

281.16 (4) Application to animal feeding operations. If the department issues a notice of discharge under ch. 283 for an animal feeding operation, the performance standards, prohibitions, conservation practices and technical standards under sub. (3) apply to the animal feeding operation, except that if the animal feeding operation is in existence before October 14, 1997, the performance standards, prohibitions, conservation practices and technical standards only apply if the department determines that cost-sharing is available to the owner or operator of the animal feeding operation under sub. (5), s. 92.14 or 281.65 or from any other source.

9,2487t Section 2487t. 281.16 (5) of the statutes is repealed.

9,2487x Section 2487x. 281.165 of the statutes is created to read:

281.165 Compliance with water quality standards for wetlands. (1) Compliance; exemption. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601 (3) or chs. 30, 31, 281, 283, 289 to 292 or 299 or specified under any rule promulgated, order issued or ordinance adopted under any of those sections or chapters, if the activity meets all of the requirements under either sub. (2) or (3).

(2) Trempealeau County. Subsection (1) applies to an activity that meets all of the following requirements:

(a) The wetland area that will be affected by the activity is less than 15 acres in size.

(b) The site of the activity is zoned for industrial use and is in the vicinity of a manufacturing facility.

(c) The site of the activity is within the corporate limits of a city on January 1, 1999.

(d) The governing body of the city adopts a resolution stating that the exemption under this section is necessary to protect jobs that exist in the city on the date of the adoption of the resolution or is necessary to promote job creation.

(e) The site of the activity is located in Trempealeau County.

(3) Dunn County. (a) Subsection (1) applies to an activity that meets the requirements under sub. (2) (c) and (d) and all of the following requirements:

1. The wetland area that will be affected by the activity is no more than 4.2 acres in size.

2. The site of the activity is zoned for technology park use and is in the vicinity of a manufacturing facility.

3. The site of the activity is located in Dunn County.

(b) Before any person engages in the activity described in par. (a), the U.S. Army Corps of Engineers shall have issued a permit for the activity that contains a mitigation plan that requires the creation of at least 1.5 acres of wetland for each acre of wetland affected by the activity.

9,2490x Section 2490x. 281.57 (10r) of the statutes is created to read:

281.57 (10r) Loan for replacement of a failed sequential batch reactor. Notwithstanding subs. (2), (4) to (10) and (12), during the 1999-2001 biennium, the department shall provide a loan of $770,000 to a municipality for all of the administrative, planning, design and construction costs incurred after January 1, 1997, for the replacement of a failed sequential batch reactor point source pollution abatement facility for which the department has issued written concurrence on or before March 26, 1999, that the construction of a new wastewater treatment plant is the most cost-effective option, and for which the municipality has on or before March 26, 1999, committed to work with the department towards securing reimbursement of the loan from the federal environmental protection agency under 40 CFR 35.2032. The department may not charge any interest on the loan and may not require the municipality to repay the loan until the municipality receives a grant from the federal environmental protection agency for the replacement of the point source pollution abatement facility. If the federal environmental protection agency denies the grant or a portion of the grant, the department shall forgive the amount of the loan that exceeds the amount of the grant.

9,2490z Section 2490z. 281.57 (10t) of the statutes is created to read:

281.57 (10t) Loan for a drinking water treatment plant. Notwithstanding subs. (2), (4) to (10) and (12), during the 1999-2001 biennium, the department shall provide a loan of $1,100,000 to the village of Marathon for the upgrading or replacement of a drinking water treatment plant. The department may not charge any interest on the loan. The department may not require the municipality to repay the loan until the municipality receives a grant from the federal environmental protection agency for the upgrading or replacement of the drinking water treatment plant. If the federal environmental protection agency denies the grant or a portion of the grant, the village of Marathon shall repay the amount of the loan that exceeds the amount of the grant.

9,2491 Section 2491. 281.58 (1) (ae) of the statutes is repealed.

9,2492 Section 2492. 281.58 (6) (a) 4. of the statutes is repealed.

9,2493 Section 2493. 281.58 (6) (b) 1. of the statutes is amended to read:

281.58 (6) (b) 1. Purchasing or refinancing the obligation of a municipality if the obligation was incurred to finance the cost of constructing a water pollution control project located in this state and the obligation was initially incurred on or after May 17, 1988.

9,2494 Section 2494. 281.58 (6) (b) 2. of the statutes is repealed.

9,2495 Section 2495. 281.58 (7) (b) 3. of the statutes is repealed.

9,2495p Section 2495p. 281.58 (7) (b) 5. of the statutes is repealed.

9,2496 Section 2496. 281.58 (7) (b) 7. of the statutes is repealed.

9,2496m Section 2496m. 281.58 (8) (a) 1. of the statutes is amended to read:

281.58 (8) (a) 1. A person or municipality that has failed to substantially comply, as specified by the rules promulgated under sub. (2), with the terms of a federal or state grant or loan used to pay the costs of studies, investigations, plans, designs or construction associated with wastewater collection, transportation, treatment or disposal or used to pay the cost of studies, investigations, plans, designs or construction associated with implementing a nonpoint source control management program.

9,2497 Section 2497. 281.58 (8) (h) of the statutes is amended to read:

281.58 (8) (h) Except as provided in par. (k), a municipality that is a violator of an effluent limitation at the time that the application for a treatment work project is approved under sub. (9m) may not receive financial assistance of a method specified under sub. (6) (b) 1., 2., 3., 4. or 5. for that part of the treatment work project that is needed to correct the violation. This paragraph does not apply to a municipality that after May 17, 1988, is in compliance with a court or department order to correct a violation of the enforceable requirements of its ch. 283 permit, and that is applying for financial assistance under s. 281.59 (13) to correct that violation.

9,2498 Section 2498. 281.58 (8) (j) of the statutes is created to read:

281.58 (8) (j) The amount of a payment under sub. (6) (b) 8. may not exceed the amount of subsidy necessary to reduce the interest rate on the loan from market rate to the interest rate that would have been charged on a loan to the municipality under sub. (6) (b) 4.

9,2499 Section 2499. 281.58 (8) (L) of the statutes is repealed.

9,2500 Section 2500. 281.58 (8e) (a) of the statutes is amended to read:

281.58 (8e) (a) The type of project and the order in which it is listed under sub. (7) (b) 1. to 7. 6.

9,2501 Section 2501. 281.58 (8s) of the statutes is amended to read:

281.58 (8s) Facility plan. A municipality seeking financial assistance for a project under this section, except for a municipality seeking a capital cost loan, shall complete a facility plan as required by the department by rule.

9,2502 Section 2502. 281.58 (9) (b) of the statutes is amended to read:

281.58 (9) (b) A municipality seeking financial assistance, except for a municipality seeking a capital cost loan, for a project under the clean water fund program shall complete an environmental analysis sequence as required by the department by rule.

9,2502v Section 2502v. 281.58 (12) (a) 2. of the statutes is repealed.

9,2503 Section 2503. 281.58 (12) (a) 4. of the statutes is amended to read:

281.58 (12) (a) 4. The interest rate for projects specified in sub. (7) (b) 6. and 7. and for those portions of projects under subd. 1. that are restricted by sub. (8) (b), (c), (f) or (h) is market interest rate.

9,2504 Section 2504. 281.58 (12) (a) 5. of the statutes is repealed.

9,2504e Section 2504e. 281.58 (12) (f) of the statutes is amended to read:

281.58 (12) (f) The department and the department of administration jointly may request the joint committee on finance to take action under s. 13.101 (11) to modify the percentage of market interest rates established in par. (a) 1. to or 3.

9,2504p Section 2504p. 281.59 (1) (d) (intro.) of the statutes is amended to read:

281.59 (1) (d) (intro.) "Subsidy" means the amounts provided from the environmental improvement fund to clean water fund program, safe drinking water loan program, urban storm water loan program and land recycling loan program projects for the following purposes:

9,2504q Section 2504q. 281.59 (1) (d) 1. of the statutes is amended to read:

281.59 (1) (d) 1. To reduce the interest rate of clean water fund program, safe drinking water loan program, urban storm water loan program and land recycling loan program loans from market rate to a subsidized rate.

9,2504r Section 2504r. 281.59 (1) (em) of the statutes is created to read:

281.59 (1) (em) "Urban storm water loan program" means the program administered under s. 281.595, with financial management provided under this section.

9,2505 Section 2505. 281.59 (1m) (c) of the statutes is created to read:

281.59 (1m) (c) There is established a private sewage system replacement and rehabilitation loan program, administered under s. 145.245 (12m).

9,2506f Section 2506f. 281.59 (1m) (d) of the statutes is created to read:

281.59 (1m) (d) There is established an urban storm water loan program, administered under s. 281.595, with financial management provided under this section.

9,2506g Section 2506g. 281.59 (2) (a) of the statutes is amended to read:

281.59 (2) (a) Administer its responsibilities under this section and ss. 281.58, 281.595, 281.60 and 281.61.

9,2506h Section 2506h. 281.59 (2) (b) of the statutes is amended to read:

281.59 (2) (b) Cooperate with the department in administering the clean water fund program, the safe drinking water loan program, the urban storm water loan program and the land recycling loan program.

9,2506i Section 2506i. 281.59 (3) (a) 1. of the statutes is amended to read:

281.59 (3) (a) 1. An estimate of the wastewater treatment, safe drinking water, urban storm water and land recycling project needs of the state for the 4 fiscal years of the next 2 biennia.

9,2506j Section 2506j. 281.59 (3) (a) 4. of the statutes is amended to read:

281.59 (3) (a) 4. The extent to which the funding for the clean water fund program, the urban storm water loan program and the safe drinking water loan program, in the environmental improvement fund, will be maintained in perpetuity.

9,2506k Section 2506k. 281.59 (3) (a) 5. of the statutes is amended to read:

281.59 (3) (a) 5. The most recent available audited financial statements of the past operations and activities of the clean water fund program, the safe drinking water loan program, the urban storm water loan program and the land recycling loan program, the estimated environmental improvement fund capital available in each of the next 4 fiscal years for the clean water fund program, the urban storm water loan program and the safe drinking water loan program, and the projected environmental improvement fund balance for the clean water fund program, the urban storm water loan program and the safe drinking water loan program for each of the next 20 years given existing obligations and financial conditions.

9,2506L Section 2506L. 281.59 (3) (a) 6s. of the statutes is created to read:

281.59 (3) (a) 6s. An amount equal to the estimated present value of subsidies for all loans under the urban storm water loan program to be made during the biennium for which the biennial finance plan is prepared, discounted at a rate of 7% per year to the first day of that biennium.

9,2506m Section 2506m. 281.59 (3) (a) 7. of the statutes is amended to read:

281.59 (3) (a) 7. A discussion of the assumptions made in calculating the amounts under subds. 6., 6e. and , 6m. and 6s.

9,2506q Section 2506q. 281.59 (3) (j) of the statutes is amended to read:

281.59 (3) (j) No later than November 1 of each odd-numbered year, the department of administration and the department jointly shall submit a report, to the building commission and committees as required under par. (bm), on the implementation of the amount established under sub. (3e) (b) as required under s. 281.58 (9m) (e), and on the operations and activities of the clean water fund program, the safe drinking water loan program, the urban storm water loan program and the land recycling loan program for the previous biennium.

9,2507 Section 2507. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:

281.59 (3e) (b) 1. Equal to $90,200,000 $85,200,000 during the 1997-99 1999-01 biennium.