Amendment AA2-ASA1-AB133

AB133-ASA1-AA2, s. 2559mm Section 2559mm. 287.07 (7) (d) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB133-ASA1-AA2, s. 2559n Section 2559n. 287.07 (7) (e) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559p Section 2559p. 287.07 (7) (f) of the statutes is amended to read:

AB133-ASA1-AA2,440,13 287.07 (7) (f) The prohibitions in subs. (2) and (3) do prohibition in sub. (1m) (c) does not apply to the beneficial reuse of a material waste tires within a solid waste disposal facility if the beneficial reuse of the material waste tires is approved in the solid waste disposal facility's plan of operation under s. 289.30.

AB133-ASA1-AA2, s. 2559pm Section 2559pm. 287.07 (7) (g) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559q Section 2559q. 287.07 (7) (h) of the statutes is repealed.

AB133-ASA1-AA2, s. 2559qm Section 2559qm. 287.07 (8) (a) of the statutes is renumbered 287.07 (8) (am), and 287.07 (8) (am) (intro.), as renumbered, is amended to read:

AB133-ASA1-AA2,440,20 287.07 (8) (am) (intro.) A generator of medical waste that sends waste to a medical waste incinerator shall develop policies concerning reduction of medical waste, as defined in sub. (7) (c) 1. cg., including all of the following:

AB133-ASA1-AA2, s. 2559r Section 2559r. 287.07 (8) (a) of the statutes is created to read:

AB133-ASA1-AA2,440,22 287.07 (8) (a) In this subsection:

AB133-ASA1-AA2,440,25 1. "Clinic" means a place, other than a residence, that is used primarily for the provision of nursing, medical, podiatric, dental, chiropractic, optometric or veterinary care and treatment.

AB133-ASA1-AA2,441,1 2. "Hospital" has the meaning given in s. 50.33 (2).

AB133-ASA1-AA2,441,4 3. "Infectious waste" means solid waste that contains pathogens with sufficient virulence and in sufficient quantity that exposure of a susceptible human or animal to the solid waste could cause the human or animal to contract an infectious disease.

AB133-ASA1-AA2,441,7 4. "Medical waste" means containers, packages and materials that contain infectious waste or that are from a treatment area and are mixed with infectious waste.

AB133-ASA1-AA2,441,10 5. "Medical waste incinerator" means a solid waste treatment facility that primarily burns infectious waste and other waste that contains or may be mixed with infectious waste.

AB133-ASA1-AA2,441,11 6. "Nursing home" has the meaning given in s. 50.01 (3).

AB133-ASA1-AA2,441,16 7. "Treatment area" means a room or area in a hospital or clinic the primary use of which is to provide emergency care, diagnosis or radiological treatment; an obstetrics delivery room in a hospital, other than a patient's room; or a room or area in a hospital, clinic or nursing home, identified by the department by rule, in which infectious waste is generated.

AB133-ASA1-AA2, s. 2559rm Section 2559rm. 287.09 of the statutes is repealed.

AB133-ASA1-AA2, s. 2559s Section 2559s. 287.095 of the statutes is amended to read:

AB133-ASA1-AA2,441,23 287.095 Responsible unit Local governmental liability. (1) Definition. In this section, "responsible unit local official" means any officer, official, agent or employe of a responsible unit municipality or county engaged in the planning, management, operation or approval of a recycling program or recycling site or facility.

AB133-ASA1-AA2,442,2 (2) Exemption from liability. No responsible unit local official is liable for civil damages as a result of good faith actions taken by the responsible unit local official within the scope of duties relating to the responsible unit's municipality or county recycling program or recycling site or facility.

AB133-ASA1-AA2, s. 2559t Section 2559t. 287.10 of the statutes is repealed.".

AB133-ASA1-AA2,442,4 941. Page 1278, line 16: delete that line and substitute:

AB133-ASA1-AA2,442,6 " Section 2559v. 287.11 of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB133-ASA1-AA2, s. 2560e Section 2560e. 287.19 (1) (b) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,442,9 287.19 (1) (b) Recycling programs. (intro.) With respect to local recycling programs created under s. 287.09 (2) (a):

AB133-ASA1-AA2, s. 2560m Section 2560m. 287.21 (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,442,19 287.21 Statewide education program. (intro.) The department shall collect, prepare and disseminate information and conduct educational and training programs designed to assist in the implementation of solid waste management programs under ss. 287.01 to 287.31, enhance municipal and county solid waste management programs under s. 287.09 (2) (a) and inform the public of the relationship among an individual's consumption of goods and services, the generation of different types and quantities of solid waste and the implementation of the solid waste management priorities in s. 287.05 (12). The department shall prepare the information and programs on a statewide basis for the following groups:

AB133-ASA1-AA2, s. 2560w Section 2560w. 287.23 of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed.".

AB133-ASA1-AA2,442,23 942. Page 1278, line 17: delete the material beginning with that line and ending with page 1279, line 7, and substitute:

AB133-ASA1-AA2,442,24 " Section 2560wm. 287.23 (4) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,443,7 287.23 (4) Application. (intro.) A responsible unit that seeks assistance under the program shall submit an application to the department. To qualify for a full grant, the responsible unit must submit the application no later than October 1 in the year preceding the year for which the assistance is sought. For the purpose of this subsection and sub. (5p), if an application is postmarked, it is considered to be submitted on the date that it is postmarked. An application shall include all of the following:

AB133-ASA1-AA2, s. 2560x Section 2560x. 287.23 (5) (intro.) of the statutes is renumbered 287.23 (5) and amended to read:

AB133-ASA1-AA2,443,20 287.23 (5) Grant award. The department shall award a grant to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b). Except as provided under sub. (5m) or (5p), the amount of the grant shall be determined as follows: For the grant for 2000, the department shall award to a responsible unit the proportion of the total amount available for grants under this section for 2000 that is equal to the proportion of the total amount awarded under this section for 1999 that the responsible unit received for 1999. For the grant for 2001, the department shall award to a responsible unit the proportion of the total amount available for grants for 2001 that is equal to the proportion of the total amount warded under this section for 1999 that the responsible unit received for 1999.

AB133-ASA1-AA2, s. 2560y Section 2560y. 287.23 (5) (a) to (c) of the statutes are repealed.

AB133-ASA1-AA2, s. 2562m Section 2562m. 287.23 (5e) to (5s) of the statutes are repealed.".

AB133-ASA1-AA2,443,23 943. Page 1279, line 10: after that line insert:

AB133-ASA1-AA2,443,24 " Section 2565b. 287.42 (4) of the statutes is created to read:

AB133-ASA1-AA2,444,8 287.42 (4) Award a grant of $50,000 in each fiscal year to a private, nonprofit, industry-supported organization that is described in section 501 (c) (3) of the Internal Revenue Code and that provides waste reduction and recycling assistance through business-to-business peer exchange. An organization that is awarded a grant must be instrumental in assisting and encouraging companies and institutions to reduce their operating costs through improved production and solid waste management practices and must be in existence on the effective date of this subsection .... [revisor inserts date].

AB133-ASA1-AA2, s. 2565d Section 2565d. 287.46 (4) of the statutes, as affected by 1997 Wisconsin Acts 27 and 1999 Wisconsin Act .... (this act), is repealed.

AB133-ASA1-AA2, s. 2565e Section 2565e. 287.46 (4) (a) of the statutes is amended to read:

AB133-ASA1-AA2,444,17 287.46 (4) (a) From the appropriations Subject to par. (b), from the appropriation 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 and pay contracts entered into by the board under s. 287.42 (3) and (3m) and grants awarded by the board under s. 287.42 (4).

AB133-ASA1-AA2, s. 2565f Section 2565f. 287.46 (4) (b) of the statutes is amended to read:

AB133-ASA1-AA2,444,22 287.46 (4) (b) In any biennium, the department of commerce may not expend more than 10% of the amount appropriated credited to the appropriation account under s. 20.143 (1) (tm) for (L) in that biennium for contracts with and financial assistance to responsible units and other local units of government.".

AB133-ASA1-AA2,444,23 944. Page 1279, line 10: after that line insert:

AB133-ASA1-AA2,444,24 " Section 2564c. 287.25 of the statutes is repealed.

AB133-ASA1-AA2, s. 2564e Section 2564e. 287.27 (1) of the statutes is amended to read:

AB133-ASA1-AA2,445,8 287.27 (1) Definition. In this section, "materials recovery facility" means a facility where the materials specified in sub. (4) (b) or s. 287.07 (3), 1997 stats., or s. 287.07 (4), 1997 stats., not mixed with other solid waste, are processed for reuse or recycling by conversion into a consumer product or a product which is used as a raw material in a commercial or industrial process. "Materials recovery facility" does not include a facility operated by a pulp or paper mill which utilizes fiber or paper that has been separated from waste for use as a raw material in a commercial product.

AB133-ASA1-AA2, s. 2564g Section 2564g. 287.27 (2) of the statutes is amended to read:

AB133-ASA1-AA2,445,15 287.27 (2) Reports by materials recovery facilities. Annually, the owner or operator of a materials recovery facility shall report to the department the amount of each of the materials specified in s. 287.07 (3), 1997 stats., or s. 287.07 (4), 1997 stats., and any other materials specified by the department under sub. (4) (b) that the materials recovery facility receives and that were recovered from waste generated in this state.

AB133-ASA1-AA2, s. 2567e Section 2567e. 287.91 (2) of the statutes is amended to read:

AB133-ASA1-AA2,445,19 287.91 (2) Notwithstanding sub. (1) and s. 287.95 (3) (a), the attorney general may enforce s. 287.07 (3) and (4) (1m) (c) by seeking injunctive relief against any person violating those provisions.

AB133-ASA1-AA2, s. 2567g Section 2567g. 287.95 (2) (a) of the statutes is repealed.

AB133-ASA1-AA2, s. 2567h Section 2567h. 287.95 (2) (b) of the statutes is renumbered 287.95 (2) and amended to read:

AB133-ASA1-AA2,446,2 287.95 (2) (b) After December 31, 1994, any Any person who violates s. 287.07 (2) or 287.08 may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.

AB133-ASA1-AA2, s. 2567j Section 2567j. 287.95 (3) of the statutes is repealed.

AB133-ASA1-AA2, s. 2567L Section 2567L. 287.95 (4) of the statutes is amended to read:

AB133-ASA1-AA2,446,7 287.95 (4) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture for the violations under subs. (1), and (2) (b) and (3) (b).".

AB133-ASA1-AA2,446,8 945. Page 1282, line 21: after that line insert:

AB133-ASA1-AA2,446,9 " Section 2581r. 292.13 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,446,13 292.13 (1) Exemption from liability for groundwater contamination. (intro.) A person, other than a state agency, is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the groundwater on property possessed or controlled by the person if all of the following apply:

AB133-ASA1-AA2, s. 2581w Section 2581w. 292.13 (1m) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,446,18 292.13 (1m) Exemption from liability for soil contamination. (intro.) A person, other than a state agency, is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the soil on property possessed or controlled by the person if all of the following apply:".

AB133-ASA1-AA2,446,19 946. Page 1300, line 1: delete lines 1 to 5.

AB133-ASA1-AA2,446,20 947. Page 1302, line 6: delete lines 6 to 13.

AB133-ASA1-AA2,446,21 948. Page 1303, line 20: after that line insert:

AB133-ASA1-AA2,446,22 " Section 2648c. 292.70 of the statutes is created to read:

AB133-ASA1-AA2,446,24 292.70 Indemnification for disposal of polychlorinated biphenyls. (1) Definition. In this section, "PCBs" has the meaning given in s. 299.45 (1) (a).

AB133-ASA1-AA2,447,7 (2) Indemnification agreements concerning disposal of contaminated sediments. Subject to sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employes and agents against liability for damage to persons, property or the environment resulting from the municipality's acceptance for disposal of sediments that are from the Great Lakes basin and are contaminated with PCBs, if the sediments are disposed of in a manner approved by the department.

AB133-ASA1-AA2,447,15 (3) Indemnification agreements concerning treatment of contaminated leachate. Subject to sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employes and agents against any liability for damage to persons, property or the environment resulting from the municipality's conveyance or treatment of leachate that is contaminated with PCBs and that is from a landfill that accepts sediments contaminated with PCBs, if the leachate is treated in a manner approved by the department.

AB133-ASA1-AA2,447,17 (4) Requirements. The department may enter into an agreement under sub. (2) or (3) only if all of the following apply:

AB133-ASA1-AA2,447,19 (a) The agreement is approved by the governor, the attorney general, the secretary and the governing body of the municipality.

AB133-ASA1-AA2,447,21 (b) The agreement specifies a method for determining whether the municipality is liable for damage described in sub. (2) or (3).

AB133-ASA1-AA2,447,24 (c) The agreement requires the municipality to notify the department and the attorney general when a claim or lawsuit to which the agreement may apply is filed against the political subdivision.

AB133-ASA1-AA2,448,2 (d) The agreement authorizes the attorney general to intervene on behalf of the municipality and this state in any lawsuit to which the agreement may apply.

AB133-ASA1-AA2,448,4 (e) The agreement requires the operator of the solid waste disposal facility or wastewater treatment facility to minimize risks related to PCBs.

AB133-ASA1-AA2,448,7 (f) The agreement authorizes the department to require the operator of the solid waste disposal facility or wastewater treatment facility to operate in a manner specified by the department in order to minimize risks related to PCBs.

AB133-ASA1-AA2,448,10 (5) Limitation. The department may include in an agreement under sub. (4) a limitation on the amount that this state will pay to a municipality under the agreement.

AB133-ASA1-AA2,448,12 (6) Immunity. This section and any agreement entered into under sub. (3) or (4) may not be construed as consent to sue this state.

AB133-ASA1-AA2,448,15 (7) Review and payment. If a claim is filed under an agreement under sub. (2) or (3), the department shall review the claim to determine whether it is valid. A valid claim shall be paid from the appropriation under s. 20.370 (2) (fq).".

AB133-ASA1-AA2,448,17 949. Page 1308, line 19: delete the material beginning with that line and ending with page 1309, line 11.

AB133-ASA1-AA2,448,18 950. Page 1313, line 16: after that line insert:

AB133-ASA1-AA2,448,19 " Section 2681m. 299.51 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,448,20 299.51 (1) (a) "Clinic" has the meaning given in s. 287.07 (7) (c) 1. a. (8) (a) 1.

AB133-ASA1-AA2, s. 2681n Section 2681n. 299.51 (1) (b) of the statutes is amended to read:

AB133-ASA1-AA2,448,24 299.51 (1) (b) "Medical waste" means infectious waste, as defined in s. 287.07 (7) (c) 1. c. (8) (a) 3., and other waste that contains or may be mixed with infectious waste.".

AB133-ASA1-AA2,449,1 951. Page 1314, line 14: after that line insert:

AB133-ASA1-AA2,449,2 " Section 2683d. 301.01 (2) (b) of the statutes is amended to read:

AB133-ASA1-AA2,449,5 301.01 (2) (b) Any resident of a secured correctional facility, as defined in s. 938.02 (15m), or of a secured child caring institution, as defined in s. 938.02 (15g) or a secured group home.