Amendment CA1-ASA1-AB133

AB133-ASA1-CA1, s. 2565k Section 2565k. 287.46 of the statutes is repealed.

AB133-ASA1-CA1, s. 2565L Section 2565L. 287.48 of the statutes is repealed.".

AB133-ASA1-CA1,607,4 1395. Page 1280, line 7: after that line insert:

AB133-ASA1-CA1,607,5 " Section 2569k. 289.645 of the statutes is created to read:

AB133-ASA1-CA1,607,17 289.645 Recycling fee. (1) Imposition of recycling fee on generators. Except as provided under sub. (4), a generator of solid waste or hazardous waste shall pay a recycling fee for each ton or equivalent volume of solid waste or hazardous waste that is disposed of at a licensed solid waste or hazardous waste disposal facility. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the recycling fee to the licensed solid waste or hazardous waste disposal facility or to any intermediate hauler used to transfer wastes from collection points to a licensed facility. An intermediate hauler who receives the recycling fee under this subsection shall pay the fee to the licensed solid waste or hazardous waste disposal facility. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

AB133-ASA1-CA1,607,23 (2) Collection. The owner or operator of a licensed solid waste or hazardous waste disposal facility shall collect the recycling fee from the generator, a person who arranges for disposal on behalf of one or more generators or an intermediate hauler and shall pay to the department the amount of the fee required to be collected according to the amount of solid waste or hazardous waste received and disposed of at the facility during the preceding reporting period.

AB133-ASA1-CA1,607,24 (3) Amount of recycling fee. The fee imposed under this section is as follows:

AB133-ASA1-CA1,608,1 (a) For all solid waste other than high-volume industrial waste, $2 per ton.

AB133-ASA1-CA1,608,2 (b) For all high-volume industrial waste, 30 cents per ton.

AB133-ASA1-CA1,608,7 (4) Exemptions from recycling fee. (a) Solid waste materials approved by the department for lining, daily cover or capping or for constructing berms, dikes or roads within a solid waste disposal facility are not subject to the recycling fee imposed under sub. (1), except that materials approved for use under s. 289.30 (5) or 289.31 (9) are subject to the fee.

AB133-ASA1-CA1,608,12 (b) Except as provided in par. (c), the recycling fee does not apply to waste generated by an organization described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code, that derives a portion of its income from the operation of recycling and reuse programs and that does one of the following:

AB133-ASA1-CA1,608,13 1. Provides services and programs for people with disabilities.

AB133-ASA1-CA1,608,14 2. Primarily serves low-income persons.

AB133-ASA1-CA1,608,17 (c) Waste generated by an organization described in par. (b) which is commingled with waste generated by a person other than an organization described in par. (b) is subject to the fee.

AB133-ASA1-CA1,608,20 (5) Payment. The owner or operator of any licensed solid or hazardous waste disposal facility shall pay the recycling fee required to be collected under sub. (2) as follows:

AB133-ASA1-CA1,608,21 (a) For waste disposed of from January 1 to March 31, no later than May 1.

AB133-ASA1-CA1,608,22 (b) For waste disposed of from April 1 to June 30, no later than August 1.

AB133-ASA1-CA1,608,24 (c) For waste disposed of from July 1 to September 30, no later than November 1.

AB133-ASA1-CA1,609,2 (d) For waste disposed of from October 1 to December 31, no later than February 1.

AB133-ASA1-CA1,609,4 (6) Use of recycling fees. The fees collected under sub. (2) shall be deposited in the recycling fund.

AB133-ASA1-CA1,609,10 (7) Failure to pay recycling fee. (a) If a person required under sub. (1) to pay the recycling fee to a licensed solid waste or hazardous waste disposal facility fails to pay the fee, the owner or operator of the licensed solid waste or hazardous waste disposal facility shall submit to the department with the payment required under sub. (2) an affidavit stating facts sufficient to show the person's failure to comply with sub. (1).

AB133-ASA1-CA1,609,17 (b) If the person named in the affidavit under par. (a) is a generator or a person who arranges for collection or disposal services on behalf of one or more generators and the person holds a license for the collection and transportation of solid waste or hazardous waste, the department shall immediately notify the person that the license will be suspended 30 days after the date the notice is mailed unless the person submits to the department an affidavit stating facts sufficient to show that it has paid the fee as required under sub. (1).

AB133-ASA1-CA1,609,23 (c) If the person named in the affidavit under par. (a) is an intermediate hauler that holds a license for the collection and transportation of solid waste or hazardous waste, the department shall immediately notify the person that the license will be suspended 30 days after the date the notice is mailed unless the person submits to the department an affidavit stating facts sufficient to show that either of the following has occurred:

AB133-ASA1-CA1,610,3 1. The person named in the affidavit under par. (a) received the required fee from a generator, from a person who arranges for collection or disposal services on behalf of one or more generators or from an earlier intermediate hauler, and paid the fee to the licensed solid waste or hazardous waste disposal facility or to a subsequent intermediate hauler.

AB133-ASA1-CA1,610,6 2. A generator, a person who arranges for collection or disposal services on behalf of one or more generators or an earlier intermediate hauler failed to pay the required fee to the person named in the affidavit under par. (a).

AB133-ASA1-CA1,610,11 (d) If the department does not receive an affidavit under par. (b) or (c) within 30 days after the date the notice is mailed, the department shall suspend the license issued to the person for the collection and transportation of solid waste or hazardous waste. Notwithstanding s. 227.42, the department is not required to provide the licensee with a hearing before the suspension.

AB133-ASA1-CA1,610,15 (e) When a person whose license is suspended under par. (d) provides the department with proof that the person has paid the owner or operator of the licensed solid waste or hazardous waste facility the amount of the unpaid fee, the department shall immediately reinstate the suspended license.

AB133-ASA1-CA1, s. 2569L Section 2569L. 289.67 (1) (cm) of the statutes is amended to read:

AB133-ASA1-CA1,610,22 289.67 (1) (cm) Amount of environmental repair fee. Except as provided under par. (d), the environmental repair fee imposed under par. (a) is 15 cents per ton for solid or hazardous waste received by a licensed solid or hazardous waste disposal facility after December 31, 1985, but before July 1, 1989, and 20 cents per ton for solid or hazardous waste received by a licensed solid or hazardous waste disposal facility on or after July 1, 1989.

AB133-ASA1-CA1, s. 2569m Section 2569m. 289.67 (1) (cp) of the statutes is amended to read:

AB133-ASA1-CA1,611,3 289.67 (1) (cp) Amount of environmental repair fee. Notwithstanding par. (cm) and except as provided under par. (d), the environmental repair fee imposed under par. (a) is 30 32.3 cents per ton for solid or hazardous waste, other than high-volume industrial waste, disposed of on or after January 1, 1988, but before July 1, 1989, and 50 cents per ton disposed of on or after July 1, 1989.".

AB133-ASA1-CA1,611,4 1396. Page 1282, line 21: after that line insert:

AB133-ASA1-CA1,611,5 " Section 2581r. 292.13 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,611,9 292.13 (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-CA1, s. 2581w Section 2581w. 292.13 (1m) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,611,14 292.13 (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-CA1,611,15 1397. Page 1295, line 11: delete lines 11 to 14 and substitute:

AB133-ASA1-CA1,611,17 "(b) A local governmental unit may not recover costs in an action under sub. (2) from a person listed in par. (a) if any of the following applies:

AB133-ASA1-CA1,611,19 1. The person is exempt from liability under s. 292.11 (9) (e), 292.13, 292.15, 292.16, 292.19 or 292.21 with respect to the discharge that is the subject of the action.

AB133-ASA1-CA1,611,23 2. The person has entered into a consent order under this chapter or ch. 289 or 291 or an agreement under s. 292.11 (7) (d) or 292.31 (8) (h) with respect to the discharge that is the subject of the action and the person is in compliance with the consent order or agreement.

AB133-ASA1-CA1,612,2 3. The person is exempt from liability under s. 292.35 (9) (e) with respect to the discharge that is the subject of the action.

AB133-ASA1-CA1,612,6 4. The discharge that was caused by the person and that is the subject of the action was in compliance with a permit, license, approval, special order, waiver or variance issued under ch. 283 or 285 or under corresponding federal statutes or regulations.".

AB133-ASA1-CA1,612,9 1398. Page 1296, line 15: after "2." insert "less the amount that the local governmental unit is unable to recover because of the exemptions in sub. (3) (b) 3. and 4.".

AB133-ASA1-CA1,612,10 1399. Page 1300, line 1: delete lines 1 to 5.

AB133-ASA1-CA1,612,13 1400. Page 1302, line 5: after "received." insert "The amounts collected by the department under this subsection shall be deposited in the dry cleaner environmental response fund.".

AB133-ASA1-CA1,612,14 1401. Page 1302, line 6: delete lines 6 to 13.

AB133-ASA1-CA1,612,15 1402. Page 1303, line 20: after that line insert:

AB133-ASA1-CA1,612,16 " Section 2648c. 292.70 of the statutes is created to read:

AB133-ASA1-CA1,612,18 292.70 Indemnification for disposal of polychlorinated biphenyls. (1) Definition. In this section, "PCBs" has the meaning given in s. 299.45 (1) (a).

AB133-ASA1-CA1,613,2 (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-CA1,613,10 (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-CA1,613,12 (4) Requirements. The department may enter into an agreement under sub. (2) or (3) only if all of the following apply:

AB133-ASA1-CA1,613,14 (a) The agreement is approved by the governor, the attorney general, the secretary and the governing body of the municipality.

AB133-ASA1-CA1,613,16 (b) The agreement specifies a method for determining whether the municipality is liable for damage described in sub. (2) or (3).

AB133-ASA1-CA1,613,19 (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-CA1,613,21 (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-CA1,613,23 (e) The agreement requires the operator of the solid waste disposal facility or wastewater treatment facility to minimize risks related to PCBs.

AB133-ASA1-CA1,614,3 (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-CA1,614,6 (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-CA1,614,8 (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-CA1,614,11 (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-CA1,614,12 1403. Page 1306, line 16: before "Green" insert "Beloit, the city of".

AB133-ASA1-CA1,614,13 1404. Page 1307, line 6: after that line insert:

AB133-ASA1-CA1,614,14 "(e) To the city of Beloit, $200,000.".

AB133-ASA1-CA1,614,16 1405. Page 1308, line 19: delete the material beginning with that line and ending with page 1309, line 11.

AB133-ASA1-CA1,614,17 1406. Page 1310, line 7: after that line insert:

AB133-ASA1-CA1,614,18 " Section 2653v. 299.07 (1) (a) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,614,23 299.07 (1) (a) (intro.) The Except as provided in par. (am), the department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

AB133-ASA1-CA1, s. 2654c Section 2654c. 299.07 (1) (am) of the statutes is created to read:

AB133-ASA1-CA1,615,7 299.07 (1) (am) 1. If an individual who applies for the issuance or renewal of a license, registration or certification specified in par. (a) does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of workforce development.

AB133-ASA1-CA1,615,9 2. A license, registration or certification specified in par. (a) that is issued in reliance on a statement submitted under subd. 1. is invalid if the statement is false.

AB133-ASA1-CA1, s. 2654e Section 2654e. 299.08 (1) (a) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,615,14 299.08 (1) (a) (intro.) The Except as provided in par. (am), the department shall require each applicant who is an individual to provide the department with the applicant's social security number as a condition of issuing or renewing any of the following:

AB133-ASA1-CA1, s. 2654f Section 2654f. 299.08 (1) (am) of the statutes is created to read:

AB133-ASA1-CA1,615,22 299.08 (1) (am) 1. If an individual who applies for the issuance or renewal of a license, registration or certification specified in par. (a) does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of workforce development.

AB133-ASA1-CA1,615,24 2. A license, registration or certification specified in par. (a) that is issued in reliance on a statement submitted under subd. 1. is invalid if the statement is false.".

AB133-ASA1-CA1,616,1 1407. Page 1314, line 14: after that line insert:

AB133-ASA1-CA1,616,2 " Section 2683d. 301.01 (2) (b) of the statutes is amended to read:

AB133-ASA1-CA1,616,5 301.01 (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.

AB133-ASA1-CA1, s. 2684d Section 2684d. 301.01 (3k) of the statutes is created to read:

AB133-ASA1-CA1,616,8 301.01 (3k) "Secured child caring institution" has the meaning given in s. 938.02 (15g).

AB133-ASA1-CA1, s. 2685d Section 2685d. 301.01 (3m) of the statutes is created to read:

AB133-ASA1-CA1,616,11 301.01 (3m) "Secured correctional facility" has the meaning given in s. 938.02 (15m).

AB133-ASA1-CA1, s. 2686d Section 2686d. 301.01 (3p) of the statutes is created to read:

AB133-ASA1-CA1,616,13 301.01 (3p) "Secured group home" has the meaning given in s. 938.02 (15p).

AB133-ASA1-CA1, s. 2687d Section 2687d. 301.01 (4) of the statutes is amended to read:

AB133-ASA1-CA1,616,17 301.01 (4) "State correctional institution" means a state prison under s. 302.01 or a secured correctional facility, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment Center operated by the department.

AB133-ASA1-CA1, s. 2688d Section 2688d. 301.027 of the statutes is amended to read:

AB133-ASA1-CA1,616,22 301.027 Treatment program at one or more juvenile secured correctional institutions facilities. The department shall maintain a cottage-based intensive alcohol and other drug abuse program at one or more juvenile secured correctional institutions facilities.".