Under the dry cleaner environmental response program, the owners of certain
dry cleaning facilities are eligible for reimbursement for the costs of preliminary site
screening and interim remedial equipment to begin the cleanup of dry cleaning
discharges before the completion of full site investigations and cleanup plans. The
reimbursement for preliminary site screening and interim equipment may not
exceed $15,000, of which not more than $2,500 may be for the preliminary site
screening.
Under this bill, the reimbursement for preliminary site screening and interim
remedial equipment is 50% of the eligible costs, but not more than $20,000, of which
not more than $3,000 may be for the cost of the preliminary site screening.
The dry cleaner environmental response program is currently funded from the
dry cleaner environmental response fund, a segregated fund. Under current law,
DNR is authorized under certain circumstances to fund cleanups of hazardous
substance discharges from the environmental fund, another segregated fund.
Under this bill, if DNR funds a cleanup of a discharge of dry cleaning solvent
from the environmental fund, DNR must transfer from the dry cleaner
environmental response fund to the environmental fund an amount equal to the
amount expended from the environmental fund for the cleanup. DNR must make the
transfer when it determines that sufficient funds are available.
Other hazardous substances and environmental cleanup
This bill authorizes a local governmental unit to recover costs it incurs in
cleaning up a property on which a hazardous substance has been discharged if the
local governmental unit acquired the property in one of several specified ways,
including through tax delinquency proceedings or condemnation. The local
governmental unit may recover the costs from a person who possessed or controlled
the hazardous substance at the time that the local governmental unit acquired the
property or who caused the discharge of the hazardous substance, unless the person
is exempt from the requirement to clean up the property under the hazardous
substances spills law.
This bill creates a brownfields site assessment grant program to be
administered by DNR. Under the program, cities, villages, towns, counties,
redevelopment authorities, community development authorities and housing
authorities may apply for a grant to conduct preliminary clean-up activities at
brownfield sites. The grants specifically cover the costs of investigating
environmental contamination, demolishing structures and removing abandoned
containers and asbestos. Applicants who receive a grant under the program must
contribute matching funds equal to 20% of the grant and are required to pay back the
grant if they receive a loan under the land recycling loan program to conduct the
same clean-up activities.
Currently, under the land recycling loan program, this state provides loans to
cities, villages, towns and counties (political subdivisions) for projects to remedy
environmental contamination at sites owned by political subdivisions where the
environmental contamination has affected, or threatens to affect, groundwater or
surface water. The loans are provided at subsidized interest rates.
This bill provides that recipients of loans under the land recycling loan program
are not required to pay any interest. The bill also makes redevelopment authorities
and housing authorities eligible for loans under the program.
The budget act for each fiscal biennium establishes the present value of the
subsidies that may be provided under the land recycling loan program during that
fiscal biennium. This bill sets the present value of the land recycling loan program
subsidies that may be provided during the 1999-2001 fiscal biennium at $9,400,000.
Under current law, the department of commerce regulates tanks that store
flammable and combustible liquids. This bill requires the department of commerce
also to regulate tanks that store liquids that are considered hazardous substances
under the federal Superfund Act. Under current law, the department of commerce
collects a $100 groundwater fee for plan review and approval for tanks that store
flammable and combustible liquids and that have a capacity of 1,000 gallons or more.
Under this bill, the groundwater fee also applies to plan review of tanks that store
liquids that are considered hazardous substances under the federal Superfund Act
and that have a capacity of 1,000 gallons or more.
Water quality
Under the clean water fund program, this state currently provides financial
assistance for projects for controlling water pollution, including sewage treatment
plants. One form of financial assistance provided is a loan at a subsidized interest
rate. The budget act for each fiscal biennium establishes the present value of the
subsidies that may be provided under the clean water fund program during that
fiscal biennium. This bill sets the present value of the clean water fund program
subsidies that may be provided during the 1999-2001 fiscal biennium at
$87,400,000.
Currently, under the safe drinking water loan program, this state provides
loans to local governmental units for projects for the construction or modification of
public water systems. The loans are provided at subsidized interest rates. The
budget act for each fiscal biennium establishes the present value of the subsidies that
may be provided under the safe drinking water loan program during that fiscal
biennium. This bill sets the present value of the safe drinking water loan program
subsidies that may be provided during the 1999-2001 fiscal biennium at $5,200,000.
Under current law, the state is authorized to contract public debt in an amount
not to exceed $12,130,000 to fund the safe drinking water loan program. This bill
increases that amount to an amount not to exceed $16,000,000.
One form of assistance that the clean water fund program, the safe drinking
water program and the land recycling loan program provide is a loan at a subsidized
interest rate. Another form of assistance is a payment to the board of commissioners
of public lands to reduce interest payments on a loan from the board for a project that
is eligible for assistance under one of the programs.
This bill provides that a payment to the board of commissioners of public lands
under the clean water fund program, the safe drinking water loan program or the
land recycling loan program may not exceed the amount of subsidy necessary to
provide the loan directly under the clean water fund program, the safe drinking
water loan program or the land recycling loan program.
Under current law, DNR, in conjunction with the department of agriculture,
trade and consumer protection (DATCP), the land and water conservation board
(LWCB) and local governmental units, administers a program to provide financial
assistance for measures to reduce water pollution from nonpoint (diffuse) sources.
Current law authorizes the issuance of general obligation bonds as one source of
funding for the financial assistance under the nonpoint source program. This bill
increases the bonding authority for the nonpoint source program from $34,363,600
to $48,763,600.
Current law authorizes DNR to provide cost-sharing grants for projects to
assist agricultural facilities to comply with nonpoint source water pollution control
requirements established by DNR and DATCP. These cost-sharing grants are
currently funded with proceeds of general obligation bonds. This bill increases the
bonding authority for the cost-sharing grants from $2,000,000 to $4,000,000.
Under current law, the nonpoint source program is funded with general
purpose state revenues, segregated revenues from the environmental fund and
proceeds of state bonds. This bill provides additional funds for financial assistance
under the nonpoint source program from moneys paid to this state under Indian
gaming compacts. The bill also provides funds to be paid to the Oneida Nation under
the nonpoint source program from moneys paid to this state under Indian gaming
compacts.
Under current law, persons who discharge wastewater into the waters of this
state are required to pay an annual wastewater discharge fee to DNR. DNR is
required to structure the fee so that municipalities that are subject to the fee pay 50%
of the total charged and other persons that are subject to the fee pay the other 50%.
Currently, DNR may not charge total fees that exceed $7,450,000. This bill changes
the cap on the wastewater discharge fee to $7,925,000.
Under current law, DNR and the department of health and family services
establish standards for the concentration of contaminants in groundwater. When
the groundwater standards are exceeded, action must be taken under this state's
groundwater law. This bill authorizes DNR to charge a fee for placing information
concerning a property on which a groundwater standard is exceeded into a database.
Air quality
Under current law, the owner or operator of a stationary source of air pollution
who must obtain an air pollution control permit from DNR is required to pay an
annual fee to DNR. The fee is a specified amount per ton of certain air pollutants
emitted by the stationary source in the preceding year, except that an owner or
operator is generally not required to pay the fee for emissions of any pollutant in
excess of 4,000 tons per year.
This bill establishes a new facility fee for stationary sources that emit a total
of at least five tons of the pollutants on which the current fee is based. The fee ranges
from $50 to $20,000, depending on the total amount of those pollutants emitted.
Under current law, generally a person may not begin construction of a
stationary source of air pollution without a construction permit issued by DNR. This
bill authorizes DNR to issue general construction permits, each of which may cover
numerous similar stationary sources of air pollution.
Current law authorizes DNR to establish, by rule, fees for inspecting
nonresidential asbestos demolition and renovation projects regulated by DNR. The
fees may not exceed $200 per project. This bill raises the limit on fees for inspecting
nonresidential asbestos demolition and renovation projects to $210.
Under current law, the department of justice (DOJ) generally is responsible for
taking actions in court to enforce environmental laws. This bill authorizes DNR to
issue a citation (similar to a traffic ticket) if it determines that a person has violated
certain of DNR's rules related to asbestos abatement and management. The bill
requires DNR to promulgate rules, which must be approved by DOJ, specifying the
violations for which citations may be issued. Under the bill, the same procedures are
used for the issuance of a citation and the collection of a forfeiture as are used for
hunting and fishing violations.
Recycling
Under current law, DNR administers a financial assistance program to assist
with costs related to operating recycling programs and for complying with the
prohibition on disposing of yard waste in landfills. The amount of a grant under the
program is generally the lesser of 66% of eligible net costs or $8 per person served,
except that, if the lesser of those two amounts is less than 33% of the eligible
expenses, the amount of the grant is 33% of the eligible expenses.
This bill reduces the maximum amount of a grant that may be awarded under
this financial assistance program. Under the bill, the amount of a grant is the greater
of 66% of eligible net costs or 33% of the eligible expenses, except that the grant may
not exceed $8 per person. This change effectively sets a maximum grant amount of
$8 per person and makes grants based on 33% of the eligible expenses subject to
proration of grants if the sum of grants payable under the program exceeds available
funds. The financial assistance program currently expires after 2000. This bill
extends the program through 2001.
Current law prohibits the disposal of listed recyclable materials in a landfill.
The prohibition does not apply to any city, village, town, county or other
governmental unit that is responsible for the region's solid waste management
(responsible unit) and that operates an effective recycling program. A recycling
program is an effective recycling program if it meets specified criteria. In addition
to the exception from the disposal prohibition, a responsible unit that administers
an effective recycling program is eligible for a state grant to reimburse the
responsible unit for some of its costs incurred in operating the effective recycling
program.
Under current law, beginning in 2000, a responsible unit's recycling program
is an effective recycling program only if the responsible unit has in place a system
of volume-based solid waste fees to generate revenue equal to the responsible unit's
costs for solid waste management other than those reimbursed by the state. This
criterion does not apply to any responsible unit that separates for recycling at least
25% by volume or by weight of the solid waste collected within the region by the
responsible unit or by any person under contract with the responsible unit, or to any
responsible unit that provides solid waste to an operating solid waste treatment
facility under a contract that was in effect on January 1, 1993.
This bill eliminates the requirement that, to have its recycling program
considered an effective recycling program, a responsible unit have in place a system
of volume-based solid waste fees to generate revenue equal to the responsible unit's
costs for solid waste management other than those reimbursed by the state.
The recycling market development board (board), which is attached to the
department of commerce and which will be eliminated on June 30, 2001, has various
powers and duties related to recycling, including awarding financial and other
assistance to improve the marketing of, and to develop markets for, certain materials
recovered from solid waste. The board may contract with other persons to accomplish
any of its powers and duties. Funding for the board's contracts comes from the
recycling fund. Funding for the financial assistance that the board awards comes
from the recycling fund and from repayments of loans made by recipients of financial
assistance awarded by the board. This bill eliminates the recycling fund as a funding
source for the board's contracts and financial assistance and provides that the
funding for both comes solely from repayments of loans made by recipients of
financial assistance awarded by the board.
The department of commerce made loans before July 1, 1995, for various
purposes related to recycling. Repayments of those loans are deposited in the
recycling fund. This bill provides that repayments of those loans are to be used to
fund the board's contracts and financial assistance that the board awards.
This bill requires DNR to award grants of $75,000 on September 1, 1999, and
$50,000 on July 1, 2000, to the Wheelchair Recycling Project for the purpose of
refurbishing used wheelchairs and other mobility devices and returning them to use
by persons who otherwise would not have access to needed or appropriate equipment.
Other environment
In 1998, DNR and Winnebago County entered into an agreement under which
the county agreed to accept sediments that are dredged from the Fox River and that
are contaminated with polychlorinated biphenyls (PCBs) for disposal in the county's
landfill.
This bill authorizes DNR to enter into an agreement with Winnebago County
under which this state indemnifies the county against any liability or damage
resulting from the county's acceptance of PCB-contaminated sediments if the
sediments are disposed of in a manner approved by DNR. The bill also authorizes
DNR to enter into an agreement with the city of Oshkosh under which this state
indemnifies the city against any liability or damage resulting from the city accepting
PCB-contaminated leachate from the landfill that contains the PCB-contaminated
sediments.
Current law provides a process for negotiation and arbitration between a
person who wishes to construct or expand a landfill or a hazardous waste facility and
a committee representing those affected municipalities and counties that choose to
participate in the process. An affected municipality or county is one in which a
facility is proposed to be located or one whose boundary is within 1,500 feet of the
area in which waste would be treated, stored or disposed of. Other municipalities
may participate in the negotiation and arbitration process with the agreement of all
parties to the process. Under current law, a town, city or village in which all or part
of the facility is proposed to be located may appoint four members to a committee or
the number of members appointed by the county and other affected municipalities
plus two, whichever is greater.
Under this bill, a town, city or village in which all or part of a landfill or a
hazardous waste facility is proposed to be located may appoint four members to a
committee or the number of members appointed by the county, other affected
municipalities and any municipalities added by agreement of the parties plus two,
whichever is greater.
Under current law, DNR may require tests related to programs administered
by DNR to be conducted by laboratories certified or registered by DNR or DATCP or
certified or registered by another state or a federal agency that recognizes laboratory
certification by DNR and that uses standards equivalent to this state's standards.
This bill authorizes DNR to apply to the federal environmental protection
agency to be approved to accredit laboratories under a national environmental
laboratory accreditation program. If DNR is approved to accredit laboratories under
the national program, an accredited laboratory may conduct tests that currently
must be conducted by a certified or registered laboratory, this state must accept test
results from laboratories accredited by other accrediting authorities and other
accrediting authorities must accept test results from laboratories accredited by
DNR.
Under current law, DNR, the department of commerce and the board of regents
of the University of Wisconsin (UW) System are required to promote hazardous
pollution prevention, which means changes in processes or raw materials that
reduce or eliminate the use or production of hazardous substances, toxic pollutants
and hazardous waste. This bill requires DNR, the department of commerce and the
board of regents of the UW System to promote pollution prevention, which means an
action that prevents waste from being created, reduces the amount of waste that is
created or changes the nature of waste being created in a way that reduces the
hazards to public health or the environment posed by the waste.
Gambling
Under current law, the compensation paid to a retailer who sells lottery tickets
is 5.5% of the retail price of the lottery tickets. In addition, under current law, the
compensation paid to a retailer who sells scratch-off or instant games is 6.25% of the
retail price of scratch-off or instant games. This bill authorizes the department of
revenue to establish, by rule, a program to provide for additional compensation to be
paid to retailers who meet certain performance goals. Under this program, the total
compensation provided to retailers who meet the performance goals may not exceed
1.0% of gross lottery revenues.
Under current law, the department of health and family services may award
grants to individuals or organizations in the private sector to conduct compulsive
gambling awareness campaigns. These grants are funded from the lottery fund,
from revenues generated by pari-mutuel wagering and from moneys paid to the
state under Indian gaming compacts. This bill provides that the grants must be
funded entirely from moneys paid to the state under Indian gaming compacts.
health and human services
Long-term care; family care
Current law
Currently, home and community-based long-term care is provided to persons
who are elderly, physically or developmentally disabled, chronically mentally ill or
chemically dependent as a benefit under one or more programs administered by the
department of health and family services (DHFS). These programs are funded by
federal, state or, in some instances, county moneys, and each program has
individualized eligibility criteria and benefit restrictions. For elderly and disabled
persons, these programs include medical assistance (MA), the long-term support
community options program (COP), three community integration programs (CIPs)
and community aids. MA is a comprehensive jointly funded federal-state health
program for persons with low income and few assets. COP provides assessments of
functionality and home and community-based care to, among others, elderly and
disabled persons as an alternative to institutionalized care; one part of COP is
funded by state moneys and the other part is funded under a joint federal-state
program under a waiver of federal medicaid laws. Under other joint federal-state
programs under waivers of federal medicaid laws, CIPs provide home and
community-based services and continuity of care for persons relocated from
institutions, including state centers for the developmentally disabled, and persons
who meet requirements for MA reimbursement in nursing homes.
Currently, under a pilot project, DHFS contracts with a public or private entity
to serve as a clearinghouse of information for individuals who are interested in home
or community-based long-term support services or institutional long-term care
services and to perform assessments to determine an individual's functional
abilities, disabilities, personal preferences and need for home or community-based
services or institutional services. Under a second pilot project, DHFS may contract
with counties or federally recognized American Indian tribes or bands to
demonstrate the ability of counties or tribes or bands to manage all long-term care
programs under a long-term care management organization.
Currently, nursing homes are prohibited from admitting patients until a
physician has completed a plan of care and the patient has been assessed under COP
or the long-term care pilot project or has waived the assessment.
Creation of family care benefit, resource centers and care management
organizations
This bill establishes a program of financial assistance for long-term care and
support items, called a family care benefit, for persons who are eligible and are
enrolled in a care management organization, an entity whose attributes are
established in this bill. The family care benefit is funded by general purpose revenue
appropriated for MA, COP and community aids. DHFS must request from the
federal secretary of health and human services any waivers of federal medicaid laws
necessary to permit the use of federal moneys to provide the family care benefit to
recipients of MA; however, regardless of whether a waiver is approved, DHFS may
implement the family care benefit. Persons are eligible for, but not necessarily
entitled to, the family care benefit if they are at least 18 years of age, do not have a
primary disabling condition of mental illness, substance abuse or developmental
disability and meet certain functional and financial eligibility criteria. A person is
entitled to the family care benefit and may enroll in a care management organization
if he or she is financially eligible, meets cost-sharing requirements and meets any
of several functional eligibility requirements or if he or she has a primary disabling
condition of developmental disability and was a resident of a county or member of a
tribe or band that operated a care management organization under a pilot project.
Divestment prohibitions, prohibitions on treatment of certain trusts, provisions on
protection of income and resources of a couple for maintenance of a spouse in the
community, and estate recovery provisions, all of which correspond to similar
prohibitions and provisions under MA, apply to enrollees. A client may contest
denial of eligibility, the determination of cost sharing, denial of entitlement, failure
to provide timely services and support items in the plan of care, reduction of services
or support items, development of an unacceptable plan of care and termination of the
family care benefit, by filing a written request for a hearing within 45 days after
receipt of notice of the contested matter.
The bill establishes requirements for a resource center, which, among other
things, must provide information and referral services, determine functional and
financial eligibility for the family care benefit, assist persons to enroll in a care
management organization and determine eligibility for certain other benefits,
including MA. Within six months after the family care benefit is available to all
eligible persons in the area of the resource center, the resource center must provide
information about its services to all older persons and persons with physical
disabilities who reside in nursing homes, community-based residential facilities,
adult family homes and residential care apartment complexes in the area of the
resource center. A resource center must have a governing board that reflects the
ethnic and economic diversity of the geographic area served by the resource center,
and at least one-fourth of the governing board's members must be older persons or
persons with physical or developmental disabilities or family members, guardians
or other advocates of such persons.
The bill establishes requirements for a care management organization, which
must accept the enrollment of persons who are entitled to the family care benefit, as
well as the enrollment of persons who are eligible for the family care benefit and for
whom funding is available. Under a contract with DHFS, the care management
organization must, among other things, conduct a comprehensive assessment for
each enrollee, develop a comprehensive care plan for the enrollee and provide or
contract for the provision of necessary services. DHFS may, by contract, require
solvency protections for a care management organization. A care management
organization must have a governing board that is subject to requirements that are
similar to those for the governing board of a resource center. The bill specifically
exempts a care management organization from requirements for licensure as a home
health agency.
Under the bill, DHFS must prescribe and implement a per person monthly rate
structure for costs of the family care benefit. DHFS also must prescribe and enforce
performance standards for the operation of resource centers and care management
organizations, conduct ongoing evaluations of the system implementing the family
care benefit and ensure that independent organizations conduct reviews of the
quality of management and service delivery of resource centers and care
management organizations.
Family care district
