SEG - $1,500,000
Governor: Decrease by $750,000 annually the amount in unallotted reserve for storage tank local program operator (LPO) payments from the petroleum inspection fund. The LPO program provides funds to local governments and contractors that inspect underground and aboveground storage tanks. LPOs are paid based on the number of tanks in the geographic area of the contract. Current expenditure authority for LPO payments is $3,152,000 annually, of which half ($1,576,000) is budgeted as supplies and services and the other half is in unallotted reserve and transferred when payments exceed $1,576,000. The bill would maintain $2,402,000 annually for LPO payments.
15. HAZARDOUS SUBSTANCE TANK REGULATION
SEG-REV $20,000
Governor: Expand the Department's authority for regulation of tanks that store flammable and combustible liquids to also include tanks that store liquids that are considered hazardous substances under the federal Superfund Act. Specify that these tanks would be subject to the current $100 groundwater fee for plan review and approval if they have a capacity of 1,000 gallons or more. The current groundwater fee applies to plan reviews for tanks that store flammable and combustible liquids and that have a capacity of 1,000 gallons or more. Up to 200 tanks annually could become subject to the groundwater fee, which is deposited in the environmental fund.
[Bill Sections: 1973 thru 1976 and 1979]
16. PETROLEUM TANK INFORMATION DISCLOSURE
Governor: Repeal the requirement that the Department must treat as confidential the name of the owner and the location of any noncommercial storage tank which stores heating oil for consumptive use on the premises.
[Bill Section: 1977]
17. SAFETY AND BUILDINGS STAFF
Funding Positions
PR $954,400 7.50
Governor: Provide $438,700 in 1999-2000 and $515,700 in 2000-01 with 7.5 positions in the Division of Safety and Buildings. The positions would include: (a) 1.5 private sewage system plan reviewers for septage management activities; (b) 1.0 wastewater specialist for private onsite wastewater treatment system maintenance tracking; (c) 2.0 building plan reviewers; (d) 1.5 engineering consultants related to fire prevention and suppression review and inspection; (e) 1.0 engineering consultant for audit of certain programs delegated to local governments; and (f) 0.5 environmental health specialist to inspect "sick buildings." The Division develops administrative rules, reviews plans and performs inspections related to construction such as commercial buildings, dwellings, plumbing, private sewage systems, electrical and heating systems and elevators. Program revenue is provided from several plan review and inspection activities. Administration officials indicate that Commerce would promulgate administrative rule changes to increase several fees to generate additional revenue beginning in 2000-01.
18. PRIVATE ONSITE WASTEWATER TREATMENT SYSTEM TRAINING CENTER
PR $250,000
Governor: Provide $125,000 each year as one-time financing, to establish, in conjunction with the University of Wisconsin-Small Scale Waste Management Project, a private onsite wastewater treatment system (POWTS) training center at the UW Arlington Farm facility. The Department anticipates that POWTS installers and manufacturers would provide an in-kind match of time or equipment valued at up to $250,000 during the 1999-01 biennium. The training center would provide classroom training and demonstrations using real POWTS components and equipment. Training would be available to local government code administrators, plumbers, soil testers, POWTS system designers, homeowners, builders and realtors.
19. PRIVATE SEWAGE SYSTEM REPLACEMENT OR REHABILITATION GRANT PROGRAM
Governor: Make the following changes in the private sewage system replacement or rehabilitation grant program. Base level funding of $3,500,000 GPR annually is available for financial assistance to home and small business owners who meet certain income and eligibility criteria, to cover a portion of the cost of repairing or replacing failing private sewage systems.
a. Change the definition of annual family income to federal adjusted gross income of the owner of the failing private sewage system and the owner's spouse instead of the current use of the Wisconsin adjusted gross income. Under the program, a person who owns a principal residence served by a failing private sewage system is eligible for a grant if the owner's annual family income does not exceed $45,000.
b. Provide grant eligibility if the private sewage system serving the principal residence or the small commercial establishment was installed before July 1, 1978, and the owner meets the other eligibility requirements. This would replace the current requirement that the principal residence was constructed and inhabited before July 1, 1978, and is served by a covered private sewage system (one that discharges sewage into surface water, groundwater or bedrock or to drain tile or the surface of the ground) or the small commercial establishment was constructed before July 1, 1978, and is served by a covered system.
c. Add a $3 million private sewage system replacement or rehabilitation no-interest loan program administered by Commerce and DOA for counties to supplement state payments if funding is prorated. (See the entry under the "Environmental Improvement Fund.")
[Bill Sections: 2220 thru 2223 and 2225 thru 2227]
20. PRIVATE SEWAGE SYSTEM ADMINISTRATION BY LOCAL GOVERNMENTS
Governor: Make changes related to delegation of regulation of private sewage systems and sanitary permits to local governments as follows.
a. Authorize local governments to delegate the regulation of private sewage systems to Commerce, with the Department's consent. If Commerce consents to the delegation, it could contract for the administration of the delegated responsibilities.
b. Consolidate two authorizing statutes to permit both Commerce and local governments to issue sanitary permits for the installation of private sewage systems. Currently, one statute authorizes local governments to issue sanitary permits for the installation of private sewage systems and another statute permits both the Department and local governments to issue sanitary permits.
c. Authorize Commerce to order a local government to remedy its failure to adopt a private sewage system ordinance or carry out its regulatory duties. This would replace the current prohibition of a local government to issue a sanitary permit for the installation of a private sewage system if the local government fails to adopt an ordinance or carry out its regulatory duties.
d. Specify that the sanitary installation permit may be renewed for a two-year period (rather than current references to a two-year period and a "specified period").
e. Repeal a provision under the soil tester certification statute that states a plumber or septic tank installer may also be a soil tester and may install any system after approval of the site or project by Commerce or the governmental unit responsible for the regulation of private sewage systems. While the bill repeals this provision, there are no other provisions that would prohibit a plumber or septic tank installer from becoming a certified soil tester.
[Bill Sections: 709, 2190, 2192, 2193, 2197, 2199, 2202, 2203 and 2206]
21. REGULATION OF SMALL SEWAGE SYSTEMS
Governor: Require Commerce to regulate "small sewage systems" instead of "private sewage systems," effective January 1, 2000. DNR would regulate sewage systems that are not defined as small systems. Currently, Commerce regulates private sewage systems, which are defined as a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure, or an alternative sewage system approved by Commerce such as a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. Currently, DNR regulates point sources of water pollution that discharge pollution from a pipe into the surface water or groundwater (such as a municipal sewage treatment plant), and requires point sources to obtain a water pollution discharge permit from DNR.
Under the bill, "small sewage system" would mean a holding tank that is connected to a building, drain or waste piping system or a wastewater treatment and disposal system with a final point of discharge that is below the surface of the ground and with an estimated design flow that does not exceed the maximum design flow specified in rules promulgated by Commerce, in cooperation with DNR. Commerce would be authorized to promulgate emergency rules to designate the maximum design flow for a small sewage system.
References to private sewage system would be changed to small sewage systems related to: (a) the governmental unit responsible for the regulation of systems; (b) issuance of sanitary permits; (c) inspection of systems; (d) special assessments for holding and septic tank pumping; (e) variances to siting or design standards; (f) the private sewage system replacement or rehabilitation grant program; and (g) the private sewage system replacement or rehabilitation loan program created under the bill (see the entry under the Environmental Improvement Fund).
DNR would be authorized to exempt, by rule, certain classes or categories of small sewage systems from the requirement to obtain a water pollution discharge permit.
The groundwater statute exemptions for private sewage systems from design and management criteria related to nitrate standards would be changed to refer to "exempt sewage systems." Exempt sewage systems would include a small sewage system or a sewage system that is in existence on January 1, 2000, that would be a small sewage system except that its design flow exceeds the maximum design flow specified in Commerce rules for a small sewage system. This means exempt systems would include holding tanks and all wastewater treatment and disposal systems that discharge below the surface of the ground.
[Bill Sections: 216, 305, 1581 thru 1589, 1639, 1640, 2183 thru 2188, 2190, 2192, 2194 thru 2196, 2198, 2200, 2201, 2204, 2205, 2207 thru 2213, 2215 thru 2219, 2221, 2223, 2224, 2228, 2230 thru 2237, 2239, 2240, 2285, 2506, 2553, 9110(2) and 9410(6)]
22. SMALL SEWAGE SYSTEM INSPECTION FREQUENCY
Governor: Require Commerce to promulgate a rule that establishes a schedule for the inspection and pumping of small sewage systems. The requirement would go into effect on the first day of the 13th month beginning after publication of the budget act and would replace the current requirement for systems to be inspected or pumped every three years under maintenance programs administered by Commerce and local governments (generally counties) for new or replacement private sewage systems.
[Bill Sections: 2214 and 9410(2)]
23. SMALL SEWAGE SYSTEM INSPECTORS
Governor: Delete persons licensed by DNR to service septic tanks (pumpers) as a class of approved inspectors of private sewage systems and add small sewage system inspectors certified by Commerce as persons who may inspect small sewage systems, effective January 1, 2000. The bill would retain current requirements that persons obtain a license from DNR in order to service septic tanks.
[Bill Sections: 2213, 2489, 2490 and 9410(1)]
24. PLUMBING LICENSE DENIAL, SUSPENSION AND REVOCATION
Governor: Direct Commerce to promulgate rules for the denial, suspension and revocation of master or journeyman plumber licenses, cross-connection control tester registrations and utility contractor licenses or temporary permits. The provision would take effect on the first day of the 13th month beginning after publication of the budget act. The bill would replace current statutory authority and specified procedures which the Department must follow to suspend or revoke licenses, permits or registrations of master or journeyman plumbers, cross-connection control testers or utility contractors. Current statutes require Commerce to: (a) provide at least 10 days notice to the licensee before it suspends the license, permit or registration; (b) make certain findings that the holder of the license, permit or registration has made material misstatements in the application, committed gross negligence or misconduct, has failed to correct violations of Department rules or has falsified information; and (c) hold a public hearing before revoking the license, registration or permit.
[Bill Sections: 2191 and 9410(3)]
25. PLUMBING VIOLATIONS REPORTING REQUIREMENT
Governor: Repeal the requirement that cities and metropolitan sewerage districts must report to Commerce each failure of a state licensed plumber to qualify as a journeyman or master plumber and each willful violation of any plumbing regulation.
[Bill Section: 2189]
26. REGULATION OF RADIOACTIVE MATERIAL
Governor: Eliminate the authority of Commerce to regulate sources of radiation. Currently, Commerce and DHFS are together authorized to perform various activities related to radioactive materials regulation. Specify that DHFS would be the state radiation control agency. (See the entry under "DHFS -- Public Health.") Delete statutory provisions which currently require Commerce to: (a) promulgate, amend and repeal rules that are necessary to prevent unnecessary radiation; (b) administer radiation regulations; (c) develop policies and programs for the evaluation of radiation hazards; (d) advise, consult and cooperate with other agencies relating to radiation regulation; (e) facilitate or conduct research and demonstrations relating to radiation; (f) collect and disseminate radiation health education information; (g) review plans for and inspect radiation sources; (h) conduct a number of activities related to radon gas; and (i) when necessary, enter public or private property for radiation control investigations. Delete Commerce's authority to impound radioactive materials.
[Bill Sections: 2454, 2456 thru 2462 and 2477 thru 2482]
CORRECTIONS
Budget Change Items
Departmentwide
1. STANDARD BUDGET ADJUSTMENTS
Funding Positions
GPR $8,719,400 - 4.00
PR - 10,208,500 - 16.15
Total - $1,489,100 - 20.15
Governor: Provide $4,549,600 GPR and -4.0 GPR positions and -$4,870,500 PR and -9.65 PR positions in 1999-00 and $4,169,800 GPR and -4.0 GPR positions and -$5,338,000 PR and -16.15 PR positions in 2000-01 for the following adjustments to the base budget: (a) turnover reduction (-$5,480,100 GPR and -$1,062,000 PR annually); (b) removal of noncontinuing items (-$1,802,100 GPR and -4.0 GPR positions and -$5,459,500 PR and -9.65 PR positions in 1999-00 and -$1,844,500 GPR and -4.0 GPR positions and -$5,542,300 PR and -16.15 PR positions in 2000-01); (c) full funding of salaries and fringe benefits (-$3,405,900 GPR and -$1,696,900 PR annually); (d) full funding of financial services ($66,800 GPR annually); (e) reclassifications ($7,600 GPR annually); (f) overtime costs ($10,525,400 GPR and $2,409,000 PR in 1999-2000 and $10,185,100 GPR and $2,023,900 PR in 2000-01); (g) night and weekend pay differential ($4,475,800 GPR and $918,100 PR annually); (h) fifth week of vacation as cash ($105,100 GPR and $20,800 PR in 1999-00 and $108,000 GPR and $21,200 PR in 2000-01); (i) full funding of private lease costs and directed moves ($57,000 GPR annually); and (j) minor transfers within the same appropriation (-1.0 GPR and -1.0 PR permanent positions annually and 1.0 GPR and 1.0 PR project positions annually). The 20.15 positions removed as noncontinuing items include: (a) 3.0 GPR project positions which were converted from permanent status and expire in 1999-00; (b) 1.0 GPR one-year project position associated with the chemical castration program created in 1997 Act 284; (c) 3.2 PR one-year project positions associated with inmate work initiatives at the Waupun Correctional Institution; (d) 5.0 PR positions associated with a computer recycling project which expires at the end of 1998-99; (e) 6.5 PR positions associated with a grant for a substance abuse program at the Oshkosh Correctional Institution which expires in 2000-01; and (f) 1.45 PR positions associated with frozen positions or positions which no long exist in the personnel management information system.
2. DEBT SERVICE REESTIMATES
GPR - $4,528,600
PR - 286,100
Total - $4,814,700
Governor: Provide -$3,496,800 GPR and -$145,200 PR in 1999-00 and -$1,031,800 GPR and -$140,900 PR in 2000-01 to reflect a reestimate of debt service costs in the Department of Corrections. The total reestimate is divided as follows: (a) -$3,760,300 GPR in 1999-00 and -$1,280,800 in 2000-01 associated with adult institutions; (b) $263,500 GPR in 1999-00 and $249,000 GPR in 2000-01 associated with juvenile institutions; and (c) -$145,200 PR in 1999-00 and -$140,900 PR associated with Badger State Industries. In total, estimated debt service costs for Corrections would be: (a) $46,187,300 GPR in 1999-00 and $48,666,800 GPR in 2000-01 for adult institutions; (b) $3,425,900 GPR in 1999-00 and $3,411,400 GPR in 2000-01 for juvenile institutions; and (c) $97,600 PR in 1999-00 and $101,900 PR in 2000-01 for Badger State Industries.
3. FEDERAL CRIMINAL ALIEN ASSISTANCE PROGRAM
GPR-REV $3,800,000
