16,3222f
Section 3222f. 287.07 (7) (a) of the statutes is amended to read:
287.07 (7) (a) The prohibitions in subs. (3) and (4) do not apply with respect to solid waste, except medical waste, as defined in par. (c) 1. cg., that is generated in a region that has an effective recycling program, as determined under s. 287.11 if the solid waste contains no more than an incidental amount of materials specified in subs. (3) and (4), as provided by the department by rule. This paragraph does not apply to solid waste that is separated for recycling as part of an effective recycling program under s. 287.11.
16,3222g
Section 3222g. 287.07 (9) of the statutes is created to read:
287.07 (9) Acceptance by solid waste facility. (a) Except as provided under pars. (b) and (c), no person operating a solid waste facility may accept solid waste from a building containing 5 or more dwelling units or a commercial, retail, industrial, or governmental facility that does not provide for the collection of materials that are subject to subs. (3) and (4) and that are separated from other solid waste by users or occupants of the building or facility.
(b) The department may grant exceptions to par. (a) on a case-by-case basis as necessary to protect public health.
(c) 1. Paragraph (a) does not apply to a person operating a solid waste facility if the person has implemented a program to minimize the acceptance of recyclable materials at the solid waste facility, and the program complies with the rules promulgated under subd. 2.
2. The department shall promulgate rules that specify minimum standards for a program that minimizes the acceptance of recyclable materials at a solid waste facility for the purposes of subd. 1.
16,3222h
Section 3222h. 287.07 (10) of the statutes is created to read:
287.07 (10) Transportation to facility. (a) Except as provided in par. (b), no person operating a solid waste facility that provides a collection and transportation service may transport solid waste for delivery to a solid waste disposal facility or a solid waste treatment facility that converts solid waste into fuel or that burns solid waste if the solid waste contains more than incidental amounts of materials specified in subs. (3) and (4), as provided by the department by rule.
(b) Paragraph (a) does not apply with respect to solid waste to which the prohibitions in subs. (3) and (4) do not apply because of sub. (7) (b), (bg), (c) 2., (d), (f), (g), or (h).
16,3222m
Section 3222m. 287.11 (4) of the statutes is created to read:
287.11 (4) Pilot program for alternate method of compliance. (a) The department shall administer a pilot program that provides an alternate method of complying with sub. (2) (b). The department shall promulgate rules for the pilot program under this subsection that do all of the following:
1. Set goals for amounts of materials to be recycled as a percentage of solid waste generated in the geographic area served by a responsible unit.
2. Include a list of recyclable materials, including the materials identified under s. 287.07 (3) and (4), that a responsible unit may choose under this subsection to require to be separated for recycling under its recycling program.
3. Specify a procedure for a responsible unit to identify the materials that it will require to be separated for recycling under its recycling program.
4. Specify a procedure to be used by the department to determine whether a responsible unit has achieved the goals under par. (a).
(b) The department shall select 3 responsible units with a population of less than 5,000, 3 responsible units with a population of at least 5,000 but less than 25,000, and 3 responsible units with a population of at least 25,000 to participate in the pilot program under this subsection.
(c) A responsible unit participating in the pilot program under this subsection shall be considered to comply with sub. (2) (b).
(d) The department shall submit reports on the pilot program under this subsection to the appropriate standing committees of the legislature, under s. 13.172 (3), and to the joint committee on finance no later than January 1, 2003, and no later than January 1, 2005. The department shall include all of the following in its reports:
1. A description of the participation in the pilot program and of the results to the date of the report.
2. A description of any changes in the recycling percentage rate achieved by the participants.
3. A description of any cost or program efficiencies obtained by participants.
4. Any recommendations for statutory changes to modify the pilot program or to expand it statewide.
5. Any recommendations about whether s. 287.07 (3) and (4) should be modified and, if so, in what manner.
(e) The pilot program under this subsection ends on December 31, 2005.
16,3222p
Section 3222p. 287.23 (2) of the statutes is renumbered 287.23 (2) (a) and amended to read:
287.23 (2) (a) The department shall develop, implement, and administer a program to provide financial assistance to responsible units. The department shall develop criteria for reporting on and evaluating the program.
(b) Each year the department
, in cooperation with the University of Wisconsin-Extension, shall audit review the recycling programs of at least 5% of the recipients of grants in the previous year to
ensure that programs and activities funded by grants under this section meet the requirements of this section. do all of the following:
16,3222q
Section 3222q. 287.23 (2) (b) 1. to 3. of the statutes are created to read:
287.23 (2) (b) 1. Ensure compliance with s. 287.07 (1m), (2), (3), and (4).
2. Ensure compliance with s. 287.11 and rules promulgated under that section.
3. Identify activities, methods, or procedures that would enable the responsible units to make their recycling programs more efficient or effective.
16,3222r
Section 3222r. 287.23 (2) (c) of the statutes is created to read:
287.23 (2) (c) By June 30 annually, the department shall report to the joint committee on finance the number of recycling programs reviewed under par. (b) during the previous year.
16,3225
Section 3225. 287.23 (5) (c) 2. of the statutes is amended to read:
287.23 (5) (c) 2. Except as provided in subd. 5. or sub. (5e), for all other responsible units, the amount of the grant for 1993 through 2000 1999 equals either 66% of the difference between eligible expenses and avoided disposal costs or $8 times the population of the responsible unit, whichever is less.
16,3225c
Section 3225c. 287.23 (5b) (title) and (intro.) of the statutes are amended to read:
287.23 (5b) (title) Grant award for 2000 and 2001. (intro.) The For 2000 and 2001, the department shall award a grant under this subsection to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b). The department shall determine the amount of the grants under this subsection as follows:
16,3225f
Section 3225f. 287.23 (5d) of the statutes is created to read:
287.23 (5d) Grant amount for years after 2001. (a) Beginning with grants for the year 2002, the department shall award a grant under this subsection to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b).
(b) Except as provided in pars. (c), (d), (e), (f), and (g) and sub. (5p), the department shall award an eligible responsible unit a grant under this subsection equal to $5.30 times the population of the responsible unit.
(c) A grant under this subsection may not exceed the allowable expenses under sub. (3) (b) that the responsible unit incurred in the year 2 years before the year for which the grant is made.
(d) For a county that is the responsible unit for at least 75% of the population of the county, the department shall award a grant under this subsection equal to the greater of $100,000 or the amount determined under par. (a), but not more than the allowable expenses under sub. (3) (b).
(e) For grants for the year 2002, the department shall award a grant to a responsible unit that received an award in 2001 that is equal to at least 80% of the amount received in 2001.
(f) Beginning with grants for the year 2005, the department shall reduce a grant calculated under par. (b) by $1.50 times the population of the responsible unit if the responsible unit is not eligible for a grant under s. 287.235.
(g) If the available funds are insufficient to pay the grant amounts determined under this subsection, the department shall achieve the necessary reduction in the total amount of the grants by reducing the amount of each grant determined under this subsection, except a grant determined under par. (d) or (e), by an equal percentage.
16,3226
Section 3226. 287.23 (5m) of the statutes is amended to read:
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).
16,3226c
Section 3226c. 287.23 (6) of the statutes is renumbered 287.23 (6) (a) and amended to read:
287.23 (6) (a) The Except as provided in par. (b), the department shall disburse a grant to the applicant after approval, but no later than June 1 of the year for which the grant is made.
16,3226d
Section 3226d. 287.23 (6) (b) of the statutes is created to read:
287.23 (6) (b) For grants for the year 2002, the department shall disburse a total of $19,500,000 no later than June 1, 2002, and a total of $5,000,000 after June 30, 2002, but no later than December 1, 2002.
16,3226k
Section 3226k. 287.235 of the statutes is created to read:
287.235 Recycling efficiency incentive grants. (1) Eligibility. Beginning in fiscal year 2002-03 the department shall make a recycling efficiency incentive grant to a responsible unit
that satisfies all of the following criteria:
(a) The responsible unit is one of the following:
1. A county .
2. A responsible unit, other than a county, with a population of 50,000 or more.
3. A responsible unit that is formed by the merger of 3 or more responsible units or that is the responsible unit for 3 or more municipalities.
(b) The responsible unit engages in coordinated program delivery, as specified under s. 287.03 (1) (f).
(2) Grant amount.
(a) Except as provided in pars. (b) and (c) and sub. (3) (a), the department shall provide a grant amount to an eligible responsible unit equal to $1 times the population of the responsible unit.
(b) If the available funds are insufficient to pay the grant amount determined under par. (a), the department shall achieve the necessary reduction in the total amount of the grants by reducing the grant amount determined
under par. (a) for each eligible responsible unit by an equal percentage.
(c) A grant under this section plus a grant under s. 287.23 may not exceed the allowable expenses under s. 287.23 (3) (b) that the responsible unit incurred in the year 2 years before the year for which the grants are made.
(3) Application and payment. (a) Applications for grants under this subsection are due on October 1 of the year preceding the year for which the grant is sought. If a responsible unit submits its application after that date, the department shall reduce the grant, or deny the application, as provided in s. 287.23 (5p).
(b) The department shall disburse 50% of a grant to the applicant no later than June 1 of the year for which the grant is made and the balance no later than December 1 of the year for which the grant is made. For grants for 2002, the department shall disburse a total of $3,800,000.
16,3227e
Section 3227e. 287.95 (3) (b) of the statutes is amended to read:
287.95 (3) (b) After December 31, 1996, any person who violates s. 287.07 (3) and, (4), (9), or (10) may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation, and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.
16,3227q
Section 3227q. 289.41 (6) (a) of the statutes is amended to read:
289.41 (6) (a) Compliance. Except as provided under par. (j), (k), or (L) or sub. (7), calculations and determinations based on data and information provided in the opinion of the certified public accountant are required to establish that the company satisfies each of the criteria under pars. (b) to (i) in order to comply with minimum financial standards.
16,3227r
Section 3227r. 289.41 (6) (k) of the statutes is created to read:
289.41 (6) (k) Exception from one criterion. Paragraph (e) does not apply to a company that owns a solid waste facility at which more than one-half, by volume, of the solid waste disposed of is high-volume industrial waste if the company satisfies the criteria under pars. (b) to (d) and (f) to (i).
16,3227s
Section 3227s. 289.41 (6) (L) of the statutes is created to read:
289.41 (6) (L) Alternative criteria for certain companies. Paragraphs (e) and (f) do not apply to a company that owns a solid waste facility at which more than one-half, by volume, of the solid waste disposed of is high-volume industrial waste if the company satisfies the criteria under pars. (b) to (d) and (g) to (i) and one of the following criteria:
1. The company received a rating for its senior unsubordinated debt of "AAA," "AA," "A," or "BBB" from Standard and Poor's Corporation, or of "Aaa," "Aa," "A," or "Baa" from Moody's Investor Service, Incorporated, in the most recent issuance of ratings by either firm.
2. The quotient of the sum of net income plus depreciation, plus depletion, plus amortization, minus $10,000,000, divided by total liabilities at the end of the company's most recently completed fiscal year exceeds 0.1.
16,3228db
Section 3228db. 289.645 (3) (intro.) and (a) of the statutes are consolidated, renumbered 289.645 (3) and amended to read:
289.645 (3) Amount of recycling fee. The fee imposed under this section is as follows: (a) For
$3 per ton for all solid waste other than high-volume industrial waste, 30 cents per ton.
16,3228h
Section 3228h. 289.83 of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.
16,3228j
Section 3228j. 289.83 (5) of the statutes is amended to read:
289.83 (5) Payment of grant. The department shall make 10 annual grant payments annually over a 10-year period to recipients who applied in fiscal years 1992-93 and 1993-94. Each grant payment shall equal 10% of the total grant to a political subdivision.
16,3229
Section 3229. 292.11 (9) (e) 1m. f. of the statutes is amended to read:
292.11 (9) (e) 1m. f. The local governmental unit acquired the property using funds appropriated under s. 20.866 (2) (ta) or (tz).
16,3230
Section 3230. 292.13 (1m) (intro.) of the statutes is amended to read:
292.13 (1m) Exemption from liability for soil contamination. (intro.) A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the soil, including sediments, on property possessed or controlled by the person if all of the following apply:
16,3231
Section 3231. 292.15 (2) (a) 4. of the statutes is amended to read:
292.15 (2) (a) 4. The If the voluntary party owns or controls the property, the voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.
16,3232
Section 3232. 292.15 (2) (ae) 4. of the statutes is amended to read:
292.15 (2) (ae) 4. The If the voluntary party owns or controls the property, the voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.
16,3234
Section 3234. 292.15 (2) (ag) of the statutes is amended to read:
292.15 (2) (ag) Property affected by off-site discharge. Except as provided in sub. (6) or (7), for a property on which there exists a hazardous substance for which a voluntary party is exempt from liability under s. 292.13 (1) or (1m), a voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from the property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under par. (a) 1., if par. (a) 1. and 4. to 6. apply and all of the following occur at any time before or after the date of acquisition:
