Under current law, school districts, public library boards, and certain other
educational agencies are eligible to receive grants and loans for educational
technology from the technology for educational achievement in Wisconsin (TEACH)
board. This bill makes certain secured correctional facilities for juvenile delinquency
and the UW-Milwaukee, Milwaukee Area Technical College, and the city of
Milwaukee eligible to receive these grants and loans on behalf of charter schools that
they sponsor.
This bill directs the TEACH board to award grants to school districts in the
2001-03 fiscal biennium to train pupils to provide educational technology support
services.
Under current law, the TEACH board makes subsidized loans to school districts
and public library boards that may be used only for upgrading and installing
computer network wiring. In addition, certain educational agencies, such as school
districts and public library systems, may participate in the Educational
Telecommunications Access Program, which provides these agencies with access to
data and video links.
This bill allows public library boards to use the loans to purchase hardware
necessary for direct connection to the internet and to enter into shared services
agreements concerning telecommunications access with local units of government.
The bill also permits individual public library branches to participate in the
Educational Telecommunications Access Program.
Under current law, the state has participated in the formation and operation
of the Wisconsin Advanced Telecommunications Foundation (foundation), which is
organized as a nonstock corporation. As required under current law, the foundation
has established an endowment fund, which consists of a onetime $500,000
contribution by the state and contributions by telecommunications providers. As
also required under current law, the foundation has established a fast start fund,
which consists of contributions by telecommunications providers. The foundation
uses both funds to provide funding for advanced telecommunications technology
applications projects and efforts to educate telecommunications users about
advanced telecommunications services. Current law also provides that if the
foundation substantially ceases operations, the state's unencumbered contribution
to the endowment fund must be returned to the state. Effective February 6, 2001,
the foundation dissolved itself and transferred its funds to DOA as a gift.
This bill eliminates all provisions under current law regarding the foundation.
In addition, the bill provides that $2,000,000 of the moneys that are received by DOA
are transferred to the TCS board for establishing an Internet site that lists all the
Internet courses provided by the technical colleges and to assist technical colleges to
develop Internet courses.
The bill also provides that the following moneys that are received by DOA are
transferred to the TEACH board for the following purposes: 1) $136,200 for
administrative and support services to resolve the outstanding business of the
foundation and performing other duties specified by the secretary of the TEACH
board; and 2) $566,200 for closing out any existing grants awarded by the foundation.
In addition, the bill provides that the following moneys that are received by
DOA are transferred to the board of regents of the UW System for the following
purposes: 1) $250,000 for the UW Learning Innovations at UW-Extension to
establish a nonprofit, tax-exempt corporation whose purpose is to establish distance
education classrooms in Wisconsin trade offices abroad and offer UW System
distance education courses from those classrooms; 2) $3,000,000 for funding the
activities of the UW Learning Innovations at UW-Extension; 3) $500,000 for
developing wireless networking systems that allow students to use laptop computers
and docking stations to connect to the Internet; 4) $2,000,000 for funding the UW
System's project designated "Internet 2," which upgrades technology infrastructure
on campuses for enhancing high-speed Internet activity; 5) $500,000 for purchasing
a digital mammography machine for the UW Medical School; and 6) $1,000,000 for
funding the Wisconsin advanced distributed co-laboratory, a computer laboratory
located on the UW-Madison campus. If the last transfer is made, the UW System
board of regents must submit a report to DOA by September 1, 2003, that shows how
the money was used and describes any federal funding for the co-laboratory.
Also under the bill, the following moneys that are received by DOA are
transferred to DPI for the following purposes: 1) $579,000 for upgrading the
Wisconsin Informational Network for School Success; 2) $77,800 for upgrading the
state school finance information system; 3) $526,000 for completing a network
upgrade and upgrading and replacing assistive technology devices and related
software programs for the Wisconsin Center for the Blind and Visually Impaired; 4)
$161,600 for replacing the automated system at the Wisconsin Regional Library for
the Blind and Physically Handicapped; and 5) $500,000 for awarding a grant to the
National Geographical Society Education Foundation for establishing a program for
awarding grants and supporting programs for improving geographical education in
the state, with an emphasis on student use of geographic information systems
technology. The transfer of $500,000 for awarding the grant to the National
Geographical Society Education Foundation is contingent on that foundation's
contribution of $500,000 in matching funds for the program that is established.
The bill also provides that $1,500,000 of the moneys received by DOA is
transferred to the department of commerce to award grants, no later than June 30,
2003, to the UW-Milwaukee, the UW-Parkside, Marquette University, the
Milwaukee School of Engineering, and the Medical College of Wisconsin. The grants
must be used for research related to emerging technologies that promote industrial
and economic development in southeastern Wisconsin. The department of commerce
and a grant recipient must enter into an agreement that specifies reporting and
auditing requirements for the grant.
In addition, the bill provides that $168,300 of the moneys received by DOA is
transferred to HEAB for upgrading technology at the board.
Employment
Under the Municipal Employment Relations Act (MERA), the selection of any
group health care benefits provider for municipal employees, including school
district employees, is treated as a mandatory subject of collective bargaining if the
selection of the provider primarily relates to the wages, hours, and working
conditions of the employees. This bill provides that the selection of any group health
care benefits provider for school district professional employees is treated as a
permissive subject of collective bargaining under MERA (which means that the
employer is not required to bargain with respect to the subject) if the provider offers
health care benefits coverage that is substantially similar to that offered by other
providers in bids submitted to school districts. Under the bill, OCI must promulgate
rules that set out a standardized summary of health care benefits for use in
determining whether coverage offered by different providers that submit bids to
school districts is substantially similar.
Under MERA, in local government employment other than law enforcement
and fire fighting employment, if a dispute relating to a proposed collective
bargaining agreement has not been settled after a reasonable period of negotiation
and after mediation by the Wisconsin employment relations commission (WERC),
either party, or the parties jointly, may petition WERC to initiate compulsory, final,
and binding arbitration with respect to any dispute relating to wages, hours, and
conditions of employment. If WERC determines that an impasse exists and that
arbitration is required, WERC must submit to the parties a list of seven arbitrators,
from which the parties alternately strike names until one arbitrator is left. As an
alternative to a single arbitrator, WERC may provide for an arbitration panel that
consists of one person selected by each party and one person selected by WERC. As
a further alternative, WERC may also provide a process that allows for a random
selection of a single arbitrator from a list of seven names submitted by WERC. Under
current law, an arbitrator or arbitration panel must adopt the final offer of one of the
parties on all disputed issues, which is then incorporated into the collective
bargaining agreement.
This process, however, does not apply to a dispute over economic issues
involving a collective bargaining unit consisting of school district professional
employes if WERC determines that the employer has submitted a qualified economic
offer (QEO). Under current law, a QEO consists of a proposal to maintain the
percentage contribution by the employer to the employees' existing fringe benefit
costs and to maintain all of the employees' existing fringe benefits and to provide for
an annual average salary increase having a cost to the employer at least equal to
2.1% of the existing total compensation and fringe benefit costs for the employees in
the collective bargaining unit plus any fringe benefit savings. This bill provides that
a QEO need only provide substantially similar health care benefits, not all of the
health care benefits.
Under current law, an arbitrator is appointed to resolve any collective
bargaining dispute between the city of Milwaukee and the members of the city's
police department when the parties have reached an impasse on matters relating to
wages, hours, and conditions of employment, as determined by WERC. This bill
authorizes an arbitrator to establish a system for conducting interrogations of
members of the police department that is limited to the hours between 7 a.m. and 5
p.m. on working days, if the interrogations could lead to disciplinary action,
demotion, or dismissal. Under the bill, "working days" are all days except Saturday,
Sunday, and certain legal holidays.
Under current law, the national and community service board, which is
attached to DOA for administrative purposes, administers at the state level the
federal National and Community Service Trust Act of 1993, under which the federal
government provides funding for national service programs that address unmet
human, educational, environmental, and public safety needs and for educational
grants to persons who successfully complete their term of service in a national
service program. This bill transfers that board to DWD.
Under current law, the Wisconsin conservation corps (WCC) employs young
adults to work on conservation and human services activities. The WCC program
is administered by the WCC board, which may delegate its administration
responsibilities to the executive secretary of the board. This bill eliminates the WCC
board and the position of executive secretary of the board and transfers
administration of the WCC program to DWD. The bill also creates a WCC council
to advise DWD in developing guidelines, standards, and procedures for the
administration of the WCC program, including guidelines for selecting WCC projects
and standards and procedures for the selection, hiring, promotion, discipline, and
termination of WCC enrollees.
The bill also requires DWD to work with a nonprofit corporation that provides
education, employment skills, and career direction leading to economic
self-sufficiency to young people in Dane County who are at risk of not achieving
economic self-sufficiency to develop a plan to track the educational attainment of
persons enrolled in the WCC program, consolidate the functions of the WCC
program, add educational and training components to the WCC program, provide a
method for determining the location and number of crews working on WCC projects,
and improve the retention of persons enrolled in the WCC program.
Under current law, a WCC enrollee who is employed for a continuous six-month
period and who receives a satisfactory evaluation is entitled to an education voucher
that the enrollee may use, for three years after its issuance, to pay tuition and fees
at an institution of higher education. A WCC enrollee who has been a crew leader
or a regional crew leader for at least two years is also entitled to group health care
coverage. This bill permits a WCC enrollee to use an education voucher for four years
after its issuance. The bill also lowers to six months the period for which a WCC
enrollee must have been a crew leader or a regional crew leader to be eligible for
group health care coverage.
Under current law, DWD may fix and collect a reasonable fee for issuing child
labor permits, street trade permits, and certificates of age for minors. DWD has fixed
that fee by rule at $5, 50% of which may be retained by a permit officer who is not
employed by DWD and 50% of which must be forwarded by such a permit officer to
DWD. This bill increases that fee to $7.50 and requires a permit officer who is not
employed by DWD to forward $5 of that fee, and a permit officer who is employed by
DWD to forward the entire fee, to DWD. Of each fee collected, $2.50 is used to pay
for the expenses of providing an automated child labor permit system and for other
operational expenses of the division of equal rights in DWD.
Under current law, the governor's work-based learning board (board) is
required to administer the Youth Apprenticeship Program, under which training
grants are awarded to employers that provide paid on-the-job training and
supervision for youth apprentices. This bill limits eligibility for a youth
apprenticeship training grant to small employers, as determined by the board, and
to employers providing on-the-job training in employment areas determined by the
board.
Under current law, DWD provides a job center network through which job
seekers may receive comprehensive career planning, job placement, and job training
information. As part of the job center network, DWD provides career counseling
centers at which youths may receive access to comprehensive career education and
job training information and assistance in locating apprenticeship and other work
experience opportunities that are related to the youth's education. This bill transfers
responsibility for providing career counseling centers from DWD to the board.
Under current law, there is a division of workforce excellence in DWD, and the
administrator of that division is a member of the board. This bill eliminates that
division and substitutes as a member of the board an administrator of a division in
DWD, designated by the governor.
Environment
Hazardous substances and environmental cleanup
Local governmental units and contaminated property
Current law authorizes a local governmental unit that owns property that is
contaminated with hazardous substances to initiate a process for negotiating about
how the contamination will be remedied and how much the various parties that are
responsible for the contamination will contribute toward the investigation and
remedial action costs. The negotiations are presided over by an umpire. If an
agreement is reached, it is binding on the parties. If an agreement is not reached,
the umpire makes a recommendation that may be accepted or rejected by the parties.
If the local governmental unit accepts the recommendation and another party rejects
the recommendation, the local governmental unit may sue that party to attempt to
recover a portion of the investigation and clean-up costs. If the local governmental
unit recovers an amount equal to or exceeding the amount that the party would have
paid under the umpire's recommendation, the local governmental unit may recover
interest and litigation costs.
This bill expands the applicability of the cost-recovery process so that it may
be used by a local governmental unit that does not own a contaminated property if
the local governmental unit is responsible for some of the contamination at the site
or facility and commits itself to paying more than 50% of the investigation and
remedial action costs, less any financial assistance received from this state. Under
the bill, DNR determines how the contamination will be remedied after considering
a proposal from the local governmental unit, and the negotiations relate only to the
amount that each responsible party will contribute toward the investigation and
clean-up costs. Under the bill, if a person who transported hazardous substances
to a contaminated property cooperates in providing information about the transport
and disposal of waste at the property, the amount of clean-up costs allocated to the
transporter are limited. If a transporter fails to cooperate, the amount of costs
allocated to the transporter may be increased.
Current law generally requires a person who possesses or controls a hazardous
substance that is discharged or who causes the discharge of a hazardous substance
to restore the environment to the extent practicable and to minimize the harmful
effects of the discharge on the environment. Current law generally exempts a local
governmental unit from these clean-up requirements with respect to hazardous
substance discharges on property acquired in specified ways, such as through tax
delinquency proceedings and condemnation.
This bill provides that a local governmental unit is exempt from solid waste
management standards and other legal requirements relating to solid waste with
respect to a property that was acquired in a way that would qualify for the exemption
from clean-up requirements, except that the exemption from solid waste
requirements does not apply to a solid waste facility that was owned by the local
governmental unit while it was operated or to landfills.
Under current law, if a person does not pay the tax that is due on the person's
real property before September 1, the county treasurer must issue a tax certificate
to the county that relates to the property. The issuance of a tax certificate begins the
redemption period during which the person may retain the person's property by
paying the delinquent taxes. In most cases, the redemption period is two years. If
the property owner does not pay the delinquent taxes before the redemption period
expires, the county may acquire the property by taking a tax deed on the property,
by commencing an action to foreclose the tax certificate, or by commencing an action
to foreclose a tax lien on the property.
Under this bill, after the redemption period on tax delinquent property expires,
the county may transfer the property to a person by executing a tax deed to that
person, if the county provides written notice of the transfer to the municipality in
which the property is located at least 15 days before the governing body of the county
meets to consider approving executing the tax deed; the property is a brownfield; an
environmental assessment has been conducted on the property and DNR is given the
results of that assessment; and, if the property is contaminated by a hazardous
substance, the person to whom the tax deed is executed agrees to investigate, clean
up, maintain, and monitor the property according to rules that are promulgated by
DNR.
Under current law, a county may sell any tax delinquent property it acquires
by using a competitive bidding process by which the county accepts the best bid, but
rejects any bid that is less than the property's appraised value. Under this bill, a
county that acquires tax delinquent property may sell the property without using a
competitive bidding process, if the county provides written notice of the sale to the
municipality in which the property is located at least 15 days before the sale; the
property is contaminated by a hazardous substance; the property is a brownfield; an
environmental assessment has been conducted on the property and DNR is given the
results of that assessment; and the purchaser of the property agrees to investigate,
clean up, maintain, and monitor the property according to rules that are
promulgated by DNR.
Liability exemptions
Current law generally requires a person who possesses or controls a hazardous
substance that is discharged or who causes the discharge of a hazardous substance
to restore the environment to the extent practicable and to minimize the harmful
effects of the discharge on the environment. Under current law, a person is exempt
from the requirements to restore the environment and minimize the effects of the
discharge of a hazardous substance on the environment with respect to the existence
of a hazardous substance in soil on property possessed or controlled by the person if
the discharge originated from a source off of the property and other specified
conditions are satisfied. This bill specifies that the liability exemption for soil
contamination that originates off of a property applies to hazardous substances in
sediments on the property.
Under current law, a person who applies to DNR for an exemption from liability
for hazardous substance discharges (a voluntary party) is exempt from absolute
requirements to restore the environment and minimize the harmful effects of the
discharge, and from the requirements of other laws relating to hazardous
substances, if an environmental investigation of the property is conducted, the
property is cleaned up, DNR certifies that the cleanup restored the environment and
minimized the harmful effects of the discharge, and the voluntary party maintains
and monitors the property as required by DNR. This exemption applies if later
changes to the law would impose greater responsibilities on the voluntary party or
if it is discovered that the cleanup failed to fully restore the environment or to
minimize the harmful effects of the discharge.
This bill modifies the voluntary party liability exemption so that the
requirement to maintain and monitor the property as required by DNR only applies
to a voluntary party while the voluntary party owns or controls the property. The bill
specifies that the voluntary party liability exemption continues to apply to a
voluntary party who does not own or control the property if the person who owns or
controls the property fails to maintain and monitor the property as required by DNR.
Under current law, for a property affected by an off-site discharge that has
contaminated the groundwater and by discharges of other hazardous substances, a
voluntary party is exempt from absolute requirements to restore the environment
and minimize the harmful effects of the discharges, and from the requirements of
other laws relating to hazardous substances, if an environmental investigation of the
property is conducted; the property is cleaned up, except with respect to the
discharge that originated off-site; DNR certifies that the cleanup restored the
environment and minimized the harmful effects of the discharge, except with respect
to the discharge that originated off-site; DNR determines in writing that the
voluntary party qualifies for the off-site exemption; and the voluntary party
maintains and monitors the property as required by DNR. This bill expands the
voluntary party exemption from liability related to groundwater contamination from
an off-site discharge so that it also applies to property on which the soil is
contaminated by an off-site discharge.
Under current law, a voluntary party is exempt from absolute requirements to
restore the environment and minimize the harmful effects of a discharge, and from
the requirements of other laws relating to hazardous substances, if an
environmental investigation of the property is conducted, the property is cleaned up,
except with respect to a substance in groundwater that DNR determines will
naturally attenuate, DNR certifies that the cleanup restored the environment and
minimized the harmful effects of the discharge except with respect to the substance
that DNR has determined will naturally attenuate, the voluntary party maintains
and monitors the property as required by DNR, and, if required by DNR, the
voluntary party obtains insurance to cover the costs of cleanup if natural attenuation
fails.
This bill provides that to qualify for the liability exemption for property on
which DNR determines that natural attenuation will successfully complete the
cleanup, a voluntary party who owns the property must provide access to the
property for the purpose of determining whether natural attenuation has failed and,
if so, to allow someone else clean up the property.
Under current law, a voluntary party is exempt from liability with respect to
the existence of a hazardous substance on property if the hazardous substance is
discovered in the course of a cleanup and if the voluntary party has obtained
insurance to cover the costs of cleaning up hazardous substances discovered in the
course of the cleanup. This bill eliminates this exemption from liability.
Petroleum storage remedial action
Under current law, the department of commerce administers a program to
reimburse owners of certain petroleum product storage tanks for a portion of the
costs of cleaning up discharges from those tanks. This program is commonly known
as PECFA. This bill makes several changes in the laws related to PECFA.
Under current law, this state issues revenue bonds to fund a portion of the
PECFA costs. This bill increases the PECFA revenue bonding limit by $100,000,000.
Under current law, PECFA provides reimbursement for some interest costs
incurred by applicants. Under this bill, with specified exceptions, if an applicant
submits the final PECFA claim later than the 60th day after completing all clean-up
activities, the applicant is ineligible for reimbursement for interest costs incurred
after that day; if clean-up activities are not completed within ten years after the
investigation of the discharge was completed, the applicant is ineligible for
reimbursement for interest costs incurred after that ten-year period; and if an
investigation was completed more than five years after the applicant notified the
department of commerce about the discharge or more than two years after this bill
becomes law, whichever is later, the applicant is ineligible for reimbursement for
interest costs incurred after the later of those periods. These provisions limiting
interest cost reimbursement do not apply to applicants who receive federal or state
financial assistance, other than under PECFA, and who are either local
governmental units or engaged in brownfields redevelopment.
Under current law, DNR oversees the cleanup of high-risk sites under PECFA,
and the department of commerce oversees the cleanup of other sites. Under this bill,
a high-cost site is a site at which more than $200,000 in eligible costs under PECFA
have been incurred. Under the bill, the department of commerce oversees the
cleanup of a site that becomes a high-cost site after November 30, 2001, once more
than $400,000 in eligible costs under PECFA have been incurred or more than seven
years have elapsed since the investigation of the discharge was completed. The bill
imposes requirements on DNR and the department of commerce to oversee cleanups
so that clean-up activities are completed at high-cost sites within specified periods.
Under current law, farm petroleum product storage tanks of 1,100 gallons or
less capacity are covered under PECFA only if the owner of the tank owns at least
35 acres of land devoted primarily to agricultural use that produced gross farm
profits of at least $6,000 in the year before the owner applies for PECFA
reimbursement, or gross farm profits of at least $18,000 during the three years before
application.
This bill expands PECFA coverage of farm tanks so that a farm tank owner who
formerly owned at least 35 acres of land devoted primarily to agricultural use is
eligible if the owner submits a PECFA claim within one year after he or she
transferred ownership of the land and if the land produced gross farm profits of at
least $6,000 in the year before the owner transferred ownership of the land, or gross
farm profits of at least $18,000 during the three years before the owner transferred
ownership of the land. The bill also provides that a farm tank owner is eligible for
PECFA coverage only if the farm tank is located on the parcel of land that meets the
gross profits test.
Other hazardous substances and environmental cleanup
Under current law, DNR administers the Brownfield Site Assessment Grant
Program, under which DNR awards grants to local governmental units for such
activities as investigating environmental contamination, asbestos abatement
activities, and removing abandoned underground storage tanks. This bill transfers
the Brownfield Site Assessment Grant Program to the department of commerce.
Under current law, DNR administers the Sustainable Urban Development
Zone Program. Under the program, DNR provides funds to the city of Beloit, the city
of Green Bay, the city of La Crosse, the city of Milwaukee, and the city of Oshkosh
to investigate environmental contamination and to conduct cleanups of brownfields
in those cities. This bill eliminates the Sustainable Urban Development Zone
Program.
Current law authorizes the issuance of general obligation bonds to pay for
actions taken to clean up the environment under specified programs administered
by DNR. This bill increases the general obligation bonding authority for these
clean-up programs by $5,000,000. Of this amount, $2,000,000 is allocated for
cleanups in or adjacent to the Great Lakes or their tributaries.
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 where the environmental contamination has
affected, or threatens to affect, groundwater or surface water. The loans are
subsidized, so that recipients are not required to pay interest. Each biennial budget
act establishes the present value of the subsidies that may be provided under the
Land Recycling Loan Program during that biennium. This bill sets the present value
of the Land Recycling Loan Program subsidies that may be provided during the
2001-03 biennium at $9,110,000.
Under current law, DNR administers the Dry Cleaner Environmental
Response Program (DERP), under which DNR reimburses a portion of the costs of
responding to discharges of dry cleaning solvents from dry cleaning facilities. DERP
is funded by dry cleaning license and solvent fees paid by owners and operators of
dry cleaning facilities. Under this bill, DNR provides reimbursement for the costs
of responding to discharges of other kinds of dry cleaning products, in addition to
solvents.
Under current law, the deductible under DERP generally ranges from $10,000
to $76,000, depending on the amount of eligible costs. However, for a dry cleaning
facility that has closed before the owner or operator applies under DERP, the
deductible is increased. This bill eliminates the higher deductible for closed dry
cleaning facilities.
Currently under DERP, the owner or operator of a dry cleaning facility on which
construction began after October 4, 1997, is required to have implemented five
specified pollution prevention measures. This requirement does not generally apply
to older dry cleaning facilities. Under this bill, beginning one year after this bill takes
effect, all dry cleaning facilities must have implemented three of the pollution
prevention requirements in order to be eligible under DERP.
Current law authorizes DNR to cooperate with the federal environmental
protection agency (EPA) in implementing the federal Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA, also called
the Superfund Act), which provides for the clean up of contaminated property. This
bill authorizes DNR to accept the transfer of an interest in property that was
acquired by EPA as part of a CERCLA cleanup. The bill also authorizes DNR to
acquire an interest in property from any person as part of a cleanup conducted in
cooperation with EPA if the acquisition is necessary to conduct the cleanup.
Water quality
