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
Governor: Deposit $1,900,000 annually received from the federal state criminal alien assistance program (SCAAP) into the general fund. Under SCAAP, the federal Department of Justice's Bureau of Justice Assistance provides assistance to state and local governments for costs incurred for the imprisonment of undocumented criminal aliens who are convicted of felony offenses or two or more misdemeanors. Awards are based on the total number of reimbursable aliens, the average length of incarceration and the cost per inmate. No restrictions are placed on a state's use of the funds that are received.
4. RENT
GPR $1,420,200
PR 312,000
Total $1,732,200
Governor: Provide $710,100 GPR and $156,000 PR annually for rental costs on a departmentwide basis, as follows: (a) Division of Management Services, -$62,800 GPR and -$10,900 PR; (b) Division of Adult Institutions, -$59,400 PR; (c) Division of Program Planning and Movement, $5,400 GPR and $1,900 PR; (d) Division of Community Corrections, $774,800 GPR and $16,800 PR; (e) Division of Juvenile Corrections, $4,400 GPR and $207,600 PR; and (f) Parole Commission, -$11,700 GPR.
5. FULL FUNDING OF NON-SALARY COSTS
GPR $1,256,200
PR 77,000
Total $1,333,200
Governor: Provide $628,100 GPR and $38,500 PR annually to annualize non-salary costs, including rent, supplies and services, and internal services charges associated with positions created for only a portion of a year in 1997 Acts 27 and 284. Annual funding would be provided as follows: (a) $25,300 GPR for the Division of Management Services; (b) $25,300 GPR for the Division of Adult Institutions; (c) $317,000 GPR for the Division of Program Planning and Movement; (d) $260,500 GPR for the Division of Community Corrections; and (e) $38,500 PR for the Division of Juvenile Corrections.
6. PROGRAM REVENUE REESTIMATE
PR $2,065,000
Governor: Provide $1,005,500 in 1999-00 and $1,059,500 in 2000-01 associated with the following program revenue appropriation reestimates: (a) $505,900 in 1999-00 and $559,900 annually for the telephone commission revenues appropriation for the purchase of educational, religious and library supplies at the state prisons and correctional centers; (b) -$100,000 annually from revenues of third party liability of medical claims which are not provided to the Department, but rather the medical service providers; (c) $100,000 annually for inmate room and board charges at the correctional centers; (d) -$23,300 annually for electronic monitoring fees from offenders in the community residential confinement program to reduce the appropriation to $0 to correspond with estimated revenue (the program is not operational); (e) $507,800 annually for increased activity associated with correctional institution enterprises; (f) -$3,000 annually to decrease the sales of lands appropriation to $0 to correspond with estimated revenue; (g) -$1,300 annually for state-owned housing maintenance; and (h) $19,400 annually for activity therapy at the Southern Oaks Girls School.
7. BASE FUNDING CORRECTIONS
GPR $28,600
Governor: Provide $14,300 annually to correct an error in the Department’s base budget. As the result of data entry errors, Corrections' general program operations appropriation base budget for local assistance is -$14,300. The Governor’s recommendation would adjust this funding to $0. In addition: (a) transfer $73,900 GPR and 13.0 GPR positions annually from the appropriation for operations of community corrections to the Department's general program operations appropriation to correctly align funding and positions as the result of a 1996 reorganization of the Department; (b) move $1,600 GPR annually for supplies and services to variable non-food associated with an error that occurred when the Office of Education was created; and (c) move $34,900 GPR annually from unallotted reserve to supplies and services associated with inmate supplies and services.
8. ALCOHOL AND OTHER DRUG ABUSE FUNDING
PR $2,000,000
Governor: Provide $1,000,000 annually for alcohol and drug abuse (AODA) programs in Corrections. Direct the Secretary of DOA to allocate $1,000,000 annually from federal anti-drug law enforcement funds and matching penalty assessment monies received by the Office of Justice Assistance to the Department of Corrections to fund AODA programs. The bill does not specify how the funding would be utilized, but does
place the funding in Corrections’ Office of Offender Programming.
[Bill Section: 9101(12)]
9. OFFICE OF VICTIM SERVICES AND PROGRAMS
Funding Positions
PR $324,600 3.00
Governor: Provide $153,200 in 1999-00 and $171,400 in 2000-01 and 3.0 positions to create an Office of Victim Services and Programs. Transfer $50,800 and 1.0 position, currently in the Parole Commission, to the Office of Victim Services. Total funding for the Office would be $202,000 in 1999-00 and $220,200 in 2000-01 and 4.0 positions annually. The Office would provide information and services to victims of crimes and their families related to issues such as new laws, new correctional programs, victim notification, community education and restitution. Create an annual, program revenue appropriation to support the Office, funded from federal crime victim assistance funds transferred from the Wisconsin Department of Justice.
[Bill Sections: 361 and 496]
10. SEX OFFENDER REGISTRY STAFF
Funding Positions
GPR $253,000 2.00
