SB45: Bill Text

SB45, s. 2549 Section 2549. 281.69 (6) (a) of the statutes is repealed.

SB45, s. 2550 Section 2550. 281.69 (6) (b) of the statutes is renumbered 281.69 (6) and amended to read:

SB45,1163,2 281.69 (6) Lake classification technical assistance grants contracts . A nonprofit corporation receiving a lake classification technical assistance grant contract shall provide educational and technical assistance to local units of government and lake management organizations that will participate in a lake classification project.

SB45, s. 2551 Section 2551. 281.70 of the statutes is created to read:

SB45,1163,5 281.70 River protection grants. (1) Definition. In this section, "river" includes a stream or a flowage.

SB45,1163,8 (2) Types of projects. The department shall develop and administer a financial assistance program to provide grants for planning projects and management projects.

SB45,1163,10 (3) Amounts of grants. (a) A grant for a planning project may be made for up to 75% of the cost of the project but may not exceed $10,000 per grant.

SB45,1163,12 (b) A grant for a management project may be made for up to 75% of the cost of the project but may not exceed $50,000 per grant.

SB45,1163,14 (4) Eligible recipients. (a) All of the following shall be eligible for grants under this section:

SB45,1163,15 1. Local governmental units, as defined in s. 66.299 (1) (a).

SB45,1163,16 2. River management organizations that meet the qualifications under par. (b).

SB45,1163,17 3. Nonprofit conservation organizations, as defined in s. 23.0955 (1).

SB45,1163,19 (b) The department shall promulgate rules to establish the qualifications that a river management organization must meet to qualify for a grant under this section.

SB45,1163,21 (5) Eligible activities. The department shall promulgate rules to do all of the following:

SB45,1163,23 (a) Designate activities that are eligible for grants for planning projects. Eligible activities under the rules for these grants shall include all of the following:

SB45,1163,24 1. Data collection.

SB45,1163,25 2. Assessments of water quality and of fish and aquatic life and their habitat.

SB45,1164,2 3. Assessments of the uses of a river and the uses of the land surrounding the river.

SB45,1164,3 4. Nonpoint source pollution evaluation.

SB45,1164,4 5. Informational or educational programs and materials as specified in par. (b).

SB45,1164,7 6. Programs and materials to assist persons in forming river management organizations or other groups to protect or improve rivers and natural riverine ecosystems.

SB45,1164,9 (b) For purposes of par. (a) 5., specify informational or educational materials that may be provided on any of the following:

SB45,1164,10 1. Protecting or improving the ways in which rivers are used.

SB45,1164,11 2. Protecting or improving the quality of water in rivers.

SB45,1164,12 3. Protecting or improving the quality of natural riverine ecosystems.

SB45,1164,13 4. Protecting or improving fish populations, aquatic life or fish habitat in rivers.

SB45,1164,15 (c) Designate activities that are eligible for grants for management projects. Eligible activities under the rules for these grants shall include all of the following:

SB45,1164,19 1. The purchase of land or of a conservation easement, as defined in s. 700.40 (1) (a) if the recipient enters into a contract under s. 281.71 and if the purchase will substantially contribute to the protection or improvement of the river's water quality or its natural ecosystem.

SB45,1164,20 2. The restoration of in-stream or shoreline habitat.

SB45,1164,22 3. The development of local regulations or ordinances that will protect or improve the river's water quality or its natural ecosystem.

SB45,1164,25 4. An activity that is approved by the department and that is needed to implement a recommendation made as a result of a plan to protect or improve the river's water quality or its natural ecosystem.

SB45,1165,1 5. Installation of pollution control practices.

SB45,1165,4 (6) Eligibility; types of rivers. The department shall promulgate rules establishing the types of natural riverine ecosystems that are eligible for grants under this section.

SB45,1165,8 (7) Eligibility; other. At the completion of a planning project, upon request of the recipient of the grant for the planning project, the department may approve as eligible activities for a management project grant the recommendations that were made as a result of the project.

SB45, s. 2552 Section 2552. 281.75 (6) (a) of the statutes is amended to read:

SB45,1165,14 281.75 (6) (a) Contamination of a private water supply, as defined under sub. (1) (b) 1. or 2., is required to be established by analysis of at least 2 samples of water, taken at least 2 weeks apart, in a manner which assures the validity of the test results. The samples shall be tested by a laboratory accredited or certified under s. 299.11.

SB45, s. 2553 Section 2553. 283.31 (1) of the statutes is amended to read:

SB45,1165,23 283.31 (1) The discharge of any pollutant into any waters of the state or the disposal of sludge from a treatment work by any person is unlawful unless such discharge or disposal is done under a permit issued by the department under this section or s. 283.33. The department may by rule exempt certain classes or categories of vessels and small sewage systems, as defined in s. 145.01 (14m), from this section. Except as provided in s. 283.33, the department may require only one permit for a publicly owned treatment or collection facility or system, regardless of the number of point sources from such facility or system.

SB45, s. 2554 Section 2554. 285.01 (40) of the statutes is amended to read:

SB45,1166,10 285.01 (40) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3) (1).

SB45, s. 2555 Section 2555. 285.60 (3g) of the statutes is created to read:

SB45,1166,18 285.60 (3g) General construction permits. The department may promulgate rules specifying types of stationary sources that may obtain general construction permits. A general construction permit may cover numerous similar stationary sources. A general construction permit shall require any stationary source that is covered by the general construction permit to comply with ss. 285.61 to 285.69. The department shall issue a general construction permit using the procedures and criteria in ss. 285.61, 285.63, 285.65, 285.66 and 285.69.

SB45, s. 2556 Section 2556. 285.69 (2) (c) (intro.) of the statutes is amended to read:

SB45,1166,22 285.69 (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:

SB45, s. 2557 Section 2557. 285.69 (2) (e) of the statutes is created to read:

SB45,1167,3 285.69 (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:

SB45,1167,5 1. If the total amount of emissions is at least 5 tons but does not exceed 25 tons, $50.

SB45,1167,7 2. If the total amount of emissions exceeds 25 tons but does not exceed 100 tons, $650.

SB45,1167,9 3. If the total amount of emissions exceeds 100 tons but does not exceed 250 tons, $2,000.

SB45,1167,11 4. If the total amount of emissions exceeds 250 tons but does not exceed 4,000 tons, $7,000.

SB45,1167,12 5. If the total amount of the emissions exceeds 4,000 tons, $20,000.

SB45, s. 2558 Section 2558. 285.69 (3) of the statutes is amended to read:

SB45,1167,20 285.69 (3) Asbestos inspection fees. The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection may not exceed $200 $210 per project. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection projects regulated by the department.

SB45, s. 2559 Section 2559. 285.86 of the statutes is created to read:

SB45,1167,24 285.86 Asbestos citations. (1) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture from a person who commits a violation specified under sub. (2).

SB45,1168,6 (2) The department shall promulgate rules that specify violations of rules relating to asbestos abatement and management that are promulgated under ss. 285.11, 285.13, 285.17 and 285.27 to which sub. (1) applies. In a rule promulgated under this subsection, the department may limit the applicability of sub. (1) based on the frequency of violation and on health and environmental risks caused by the violation.

SB45,1168,9 (3) The department shall submit any proposed rules under sub. (2) to the department of justice. The department may not promulgate a rule under sub. (2) unless the rule is approved by the department of justice.

SB45, s. 2560 Section 2560. 287.11 (2) (dm) of the statutes is repealed.

SB45, s. 2561 Section 2561. 287.23 (5) (c) 2. of the statutes is amended to read:

SB45,1168,15 287.23 (5) (c) 2. Except as provided in subd. 5. 2m. or sub. (5e), for all other responsible units, the amount of the grant for 1993 through 2000 2001 equals either 66% of the difference between eligible expenses and avoided disposal costs or 33% of eligible expenses, whichever is greater.

SB45,1168,18 2m. If the amount determined under subd. 2. is greater than $8 times the population of the responsible unit, whichever is less the grant equals $8 times the population of the responsible unit.

SB45, s. 2562 Section 2562. 287.23 (5) (c) 5. of the statutes is repealed.

SB45, s. 2563 Section 2563. 287.23 (5e) of the statutes is amended to read:

SB45,1169,2 287.23 (5e) Proration. If available funds are insufficient, under sub. (5) (c) 2. 2m., 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. 2m. were $6 receives $6 times its population and shall prorate the remaining funds.

SB45, s. 2564 Section 2564. 287.23 (7) of the statutes is amended to read:

SB45,1169,5 287.23 (7) Sunset. No grant may be awarded under this section for any year after the year 2000 2001.

SB45, s. 2565 Section 2565. 287.46 (4) of the statutes, as affected by 1997 Wisconsin Acts 27 and 1999 Wisconsin Act .... (this act), is repealed.

SB45, s. 2566 Section 2566. 287.46 (4) (a) of the statutes is amended to read:

SB45,1169,14 287.46 (4) (a) From the appropriations Subject to par. (6), 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).

SB45, s. 2567 Section 2567. 287.46 (4) (b) of the statutes is amended to read:

SB45,1169,19 287.46 (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.

SB45, s. 2568 Section 2568. 289.01 (33) of the statutes is amended to read:

SB45,1170,5 289.01 (33) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3) (1).

SB45, s. 2569 Section 2569. 289.33 (7) (a) 1. of the statutes is amended to read:

SB45,1170,10 289.33 (7) (a) 1. A town, city or village in which all or part of a facility is proposed to be located shall may appoint 4 members or the number of members appointed under subds. 1m. and 2. and sub. (7n) plus 2, whichever is greater, no more than 2 of whom are elected officials or municipal employes.

SB45, s. 2570 Section 2570. 292.11 (7) (d) 1m. of the statutes is created to read:

SB45,1170,15 292.11 (7) (d) 1m. The department may negotiate and enter into an agreement containing a schedule for conducting nonemergency actions required under sub. (3) with a local governmental unit, as defined in sub. (9) (e) 1., that is acting on behalf of owners of contaminated property within one of the following:

SB45,1170,16 a. A business improvement district, as defined in s. 66.608 (1) (b).

SB45,1170,19 b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 234.88 (1) (a).

SB45, s. 2571 Section 2571. 292.11 (7) (d) 2. of the statutes is amended to read:

SB45,1170,23 292.11 (7) (d) 2. The department may charge fees, in accordance with rules that it promulgates, to offset the costs of negotiating and entering into an agreement under subd. 1. or 1m.

SB45, s. 2572 Section 2572. 292.11 (9) (e) 1. of the statutes is amended to read:

SB45,1171,4 292.11 (9) (e) 1. "Local In this paragraph, "local governmental unit" means a municipality, a redevelopment authority created under s. 66.431, a public body designated by a municipality under s. 66.435 (4), a community development authority or a housing authority.

SB45, s. 2573 Section 2573. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:

SB45,1171,10 292.11 (9) (e) 1m. (intro.) A Except as provided in subds. 2., 4., 6. and 7., a local governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to discharges of hazardous substances on or originating from property acquired by the local government unit before, on or after the effective date of this subdivision .... [revisor inserts date], if any of the following applies:

SB45, s. 2574 Section 2574. 292.11 (9) (e) 1m. b. of the statutes is amended to read:

SB45,1171,14 292.11 (9) (e) 1m. b. The local governmental unit acquired the property from a local governmental unit that acquired is exempt under this subdivision with respect to the property under a method described in subd. 1m. a.

SB45, s. 2575 Section 2575. 292.11 (9) (e) 1m. e. of the statutes is created to read:

SB45,1171,17 292.11 (9) (e) 1m. e. The local governmental unit acquired the property through escheat.