Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,396,9 1021. Page 1246, line 10: after that line insert:

AB133-SSA1-SA1,396,10 " Section 2510m. 281.59 (4) (f) of the statutes is amended to read:

AB133-SSA1-SA1,396,20 281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program and the urban storm water loan program shall not exceed $1,297,755,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes. Revenue obligations issued under this subsection for the safe drinking water loan program shall not exceed $27,700,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.".

AB133-SSA1-SA1,396,21 1022. Page 1275, line 18: delete lines 18 to 21.

AB133-SSA1-SA1,396,22 1023. Page 1275, line 21: after that line insert:

AB133-SSA1-SA1,396,23 " Section 2554em. 285.14 of the statutes is created to read:

AB133-SSA1-SA1,397,7 285.14 Air pollution control; limitation. Notwithstanding s. 285.11 (6), in establishing nitrogen oxide emission reductions for the control of atmospheric ozone in another state pursuant to a call for a state implementation plan issued by the federal environmental protection agency before the effective date of this section .... [revisor inserts date], the department may not, in an implementation plan, by rule or through the adoption of control strategies, regulate nitrogen oxide emissions from motor vehicle manufacturing facilities.".

AB133-SSA1-SA1,397,8 1024. Page 1276, line 4: after that line insert:

AB133-SSA1-SA1,397,9 " Section 2554j. 285.48 of the statutes is created to read:

AB133-SSA1-SA1,397,19 285.48 Nitrogen oxide emissions from certain electric generation facilities. (1) In establishing nitrogen oxide emission reductions for the control of atmospheric ozone in another state pursuant to a call for a state implementation plan issued prior to the effective date of this subsection .... [revisor inserts date], the department may not, in an implementation plan under s. 285.11 (6), by rule or through the adoption of control strategies, regulate nitrogen oxide emissions from electric generation facilities that are located in Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Iron, Jackson, La Crosse, Monroe, Pepin, Pierce, Polk, Price, Rusk, Sawyer, St. Croix, Taylor, Trempealeau, Vernon or Washburn county.

AB133-SSA1-SA1,397,23 (2) The department may not, based solely on the prohibition under sub. (1), require more stringent nitrogen oxide emission reductions for any electric utility, as defined in s. 196.491 (1) (d), or large industrial core source in this state that is identified by the federal environmental protection agency.".

AB133-SSA1-SA1,398,2 1025. Page 1276, line 5: delete the material beginning with that line and ending with page 1277, line 18, and substitute:

AB133-SSA1-SA1,398,3 " Section 2556. 285.69 (2) (c) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,398,6 285.69 (2) (c) (intro.) The fees collected under par. pars. (a) and (e) shall be credited to the appropriations under s. 20.370 (2) (bg), (3) (bg), (8) (mg) and (9) (mh) for the following:

AB133-SSA1-SA1, s. 2557 Section 2557. 285.69 (2) (e) of the statutes is created to read:

AB133-SSA1-SA1,398,12 285.69 (2) (e) The owner or operator of a stationary source for which an operation permit is required shall pay to the department an annual facility fee based on the total amount of actual emissions in the preceding year of all air contaminants on which the fee under par. (a) is based, if the total amount of those emissions is 5 tons or more. The amount of the fee is as follows:

AB133-SSA1-SA1,398,14 1. If the total amount of emissions is at least 5 tons but does not exceed 25 tons, $50.

AB133-SSA1-SA1,398,16 2. If the total amount of emissions exceeds 25 tons but does not exceed 100 tons, $650.

AB133-SSA1-SA1,398,18 3. If the total amount of emissions exceeds 100 tons but does not exceed 250 tons, $2,000.

AB133-SSA1-SA1,398,20 4. If the total amount of emissions exceeds 250 tons but does not exceed 4,000 tons, $7,000.

AB133-SSA1-SA1,398,21 5. If the total amount of the emissions exceeds 4,000 tons, $20,000.".

AB133-SSA1-SA1,398,22 1026. Page 1278, line 16: delete lines 16 to 25.

AB133-SSA1-SA1,398,23 1027. Page 1279, line 1: delete lines 1 to 10.

AB133-SSA1-SA1,398,24 1028. Page 1279, line 8: before that line insert:

AB133-SSA1-SA1,399,1 " Section 2563dd. 287.23 (5) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,399,6 287.23 (5) Grant award for years before 2000. (intro.) 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 for years before 2000 shall be determined as follows:

AB133-SSA1-SA1, s. 2563de Section 2563de. 287.23 (5) (d) of the statutes is created to read:

AB133-SSA1-SA1,399,8 287.23 (5) (d) This subsection does not apply after December 31, 1999.

AB133-SSA1-SA1, s. 2563dh Section 2563dh. 287.23 (5c) of the statutes is created to read:

AB133-SSA1-SA1,399,15 287.23 (5c) Grant award for 2000 and thereafter. Beginning with grants for calendar year 2000, the department shall award a grant to each eligible responsible unit that submits a complete grant application under sub. (4). Grants under this subsection shall be paid from the appropriation under s. 20.370 (6) (bu). Except as provided in sub. (5m) or (5p), the amount of the grant shall be the sum of the following:

AB133-SSA1-SA1,399,17 (a) The product of $11.45 times the population served at least once per month by residential collection of at least 2 of the materials listed in s. 287.07 (3).

AB133-SSA1-SA1,399,20 (b) The product of $5.85 times the population served by a system for collecting materials listed in s. 287.07 (3) taken by individuals to designated collection sites. The population counted under par. (a) may not be counted under this paragraph.

AB133-SSA1-SA1, s. 2563dp Section 2563dp. 287.23 (5e) of the statutes is renumbered 287.23 (5e) (a) and amended to read:

AB133-SSA1-SA1,400,3 287.23 (5e) (a) If For calendar years before 2000, if available funds are insufficient, under sub. (5) (c) 2., 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. were $6 receives $6 times its population and shall prorate the remaining funds.

AB133-SSA1-SA1, s. 2563dr Section 2563dr. 287.23 (5e) (b) of the statutes is created to read:

AB133-SSA1-SA1,400,7 287.23 (5e) (b) Beginning in 2000, if the amounts appropriated in s. 20.370 (6) (bu) are insufficient to pay all of the grants in amounts calculated under sub. (5c), the department shall prorate the available funds.

AB133-SSA1-SA1, s. 2563ds Section 2563ds. 287.23 (5m) of the statutes is amended to read:

AB133-SSA1-SA1,400,11 287.23 (5m) Alternate process. The department shall establish, by rule, a process for distributing grants if the amount that would be awarded under sub. (5) or (5e) exceeds the amount of funds available under s. 20.370 (6) (bq) or (bu).

AB133-SSA1-SA1, s. 2563dt Section 2563dt. 287.23 (5p) (a) of the statutes is amended to read:

AB133-SSA1-SA1,400,15 287.23 (5p) (a) If a responsible unit submits its application under sub. (4) after October 1 but no later than October 10, the amount of the responsible unit's grant is 95% of the amount determined under sub. (5), (5c) or (5m).

AB133-SSA1-SA1, s. 2563ed Section 2563ed. 287.23 (5p) (b) of the statutes is amended to read:

AB133-SSA1-SA1,400,19 287.23 (5p) (b) If a responsible unit submits its application under sub. (4) after October 10 but no later than October 20, the amount of the responsible unit's grant is 90% of the amount determined under sub. (5), (5c) or (5m).

AB133-SSA1-SA1, s. 2563eh Section 2563eh. 287.23 (5p) (c) of the statutes is amended to read:

AB133-SSA1-SA1,400,23 287.23 (5p) (c) If a responsible unit submits its application under sub. (4) after October 20 but no later than October 30, the amount of the responsible unit's grant is 75% of the amount determined under sub. (5), (5c) or (5m).

AB133-SSA1-SA1, s. 2563ep Section 2563ep. 287.23 (5s) of the statutes is repealed.

AB133-SSA1-SA1, s. 2563er Section 2563er. 287.23 (6) of the statutes is amended to read:

AB133-SSA1-SA1,401,3 287.23 (6) Disbursement. The department shall disburse 50% of a grant to the applicant upon approval, but no later than February 1 of the year for which the grant is made.

AB133-SSA1-SA1, s. 2563et Section 2563et. 287.23 (7) of the statutes is repealed.".

AB133-SSA1-SA1,401,5 1029. Page 1279, line 10: after that line insert:

AB133-SSA1-SA1,401,6 " Section 2565c. 287.40 (title) and (intro.) of the statutes are repealed.

AB133-SSA1-SA1, s. 2565d Section 2565d. 287.40 (1) of the statutes is renumbered 560.031 (1) (a).

AB133-SSA1-SA1, s. 2565e Section 2565e. 287.40 (2) of the statutes is renumbered 560.031 (1) (b).

AB133-SSA1-SA1, s. 2565f Section 2565f. 287.40 (3) of the statutes is renumbered 560.031 (1) (c) and amended to read:

AB133-SSA1-SA1,401,12 560.031 (1) (c) "Recovered material" means a material specified by the board under s. 287.42 (5) that is recovered from solid waste for recycling.

AB133-SSA1-SA1, s. 2565g Section 2565g. 287.40 (4) of the statutes is renumbered 560.031 (1) (e) and amended to read:

AB133-SSA1-SA1,401,17 560.031 (1) (e) "Waste generator" means a person who generates solid waste that contains a material specified by the board under s. 287.42 (5) or a responsible unit.

AB133-SSA1-SA1, s. 2565h Section 2565h. 287.41 of the statutes is repealed.

AB133-SSA1-SA1, s. 2565i Section 2565i. 287.42 of the statutes is repealed.

AB133-SSA1-SA1, s. 2565j Section 2565j. 287.44 of the statutes is repealed.

AB133-SSA1-SA1, s. 2565k Section 2565k. 287.46 of the statutes is repealed.

AB133-SSA1-SA1, s. 2565L Section 2565L. 287.48 of the statutes is repealed.".

AB133-SSA1-SA1,401,23 1030. Page 1280, line 7: after that line insert:

AB133-SSA1-SA1,401,24 " Section 2569k. 289.645 of the statutes is created to read:

AB133-SSA1-SA1,402,12 289.645 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-SSA1-SA1,402,18 (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-SSA1-SA1,402,19 (3) Amount of recycling fee. The fee imposed under this section is as follows:

AB133-SSA1-SA1,402,20 (a) For all solid waste other than high-volume industrial waste, $10 per ton.

AB133-SSA1-SA1,402,21 (b) For all high-volume industrial waste, $2 per ton.

AB133-SSA1-SA1,403,2 (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-SSA1-SA1,403,7 (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 recycling and reuse programs and that does one of the following:

AB133-SSA1-SA1,403,8 1. Provides services and programs for people with disabilities.

AB133-SSA1-SA1,403,9 2. Primarily serves low-income persons.

AB133-SSA1-SA1,403,12 (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-SSA1-SA1,403,17 (5) Reporting period. The reporting period under this section is the same as the reporting period under s. 289.62 (1). The owner or operator of any licensed solid waste or hazardous waste disposal facility shall pay the recycling fee required to be collected under sub. (2) at the same time as any tonnage fees under s. 289.62 (1) are paid.

AB133-SSA1-SA1,403,19 (6) Use of recycling fees. The fees collected under sub. (2) shall be deposited in the recycling fund.

AB133-SSA1-SA1,403,25 (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-SSA1-SA1,404,7 (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-SSA1-SA1,404,13 (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-SSA1-SA1,404,18 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-SSA1-SA1,404,21 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-SSA1-SA1,405,2 (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-SSA1-SA1,405,6 (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-SSA1-SA1, s. 2569L Section 2569L. 289.67 (1) (cm) of the statutes is amended to read:

AB133-SSA1-SA1,405,13 289.67 (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 21 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-SSA1-SA1, s. 2569m Section 2569m. 289.67 (1) (cp) of the statutes is amended to read:

AB133-SSA1-SA1,405,19 289.67 (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 69 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-SSA1-SA1,405,20 1031. Page 1306, line 16: before "Green" insert "Beloit, the city of".

AB133-SSA1-SA1,405,21 1032. Page 1307, line 6: after that line insert:

AB133-SSA1-SA1,405,22 "(e) To the city of Beloit, $250,000.".