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
Under the Clean Water Fund Program, this state provides financial assistance
for projects for controlling water pollution, including sewage treatment plants.
Financial assistance is typically provided in the form of a loan at a subsidized
interest rate. Each biennial budget act establishes the present value of the subsidies
that may be provided under the Clean Water Fund Program during that biennium.
This bill sets the present value of the Clean Water Fund Program subsidies that may
be provided during the 2001-03 biennium at $90,000,000. The bill increases the
general obligation bonding authority for the Clean Water Fund Program by
$65,000,000 when the bill is enacted and an additional $20,000,000 on July 1, 2003.
The bill also increases the revenue bonding authority for the Clean Water Fund
Program by $92,000,000.
Generally, under the Clean Water Fund Program, funds are allocated to a
project as soon as the project is approved. However, if the amount of present value
subsidy, general obligation bonding authority, or revenue bonding authority
available for a biennium is 85% or less of the amount requested in a biennial finance
plan prepared by DOA and DNR, funding is allocated on the basis of a priority list
and funding may be provided in a fiscal year only to projects for which an application
is submitted by the June 30 preceding that fiscal year. This bill reduces the threshold
for allocating funds based on a priority list from 85% to 75%.
Under current law, a collection system or interceptor in an unsewered area is
eligible for subsidized financial assistance under the Clean Water Fund Program
only if at least two-thirds of the initial flow will be for wastewater originating from
residences in existence on October 17, 1972. This bill eliminates the reference to
October 17, 1972, and provides that a collection system or interceptor in an
unsewered area is eligible for subsidized financial assistance under the Clean Water
Fund Program only if at least two-thirds of the initial flow will be for wastewater
originating from residences in existence on the date that is ten years before the day
that DNR approves the facility plan for the project.
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. Each biennial budget
act 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 2001-03 biennium at $10,900,000.
Current law requires permits from DNR for certain storm water discharges,
including discharges of storm water from a municipal storm sewer system serving
an incorporated area with a population of 100,000 or more.
This bill requires permits for additional municipal storm sewer systems, as now
required by federal law. Under the bill, the operator of a municipal storm sewer
system must obtain a permit if one of the following applies:
1. The system serves an urbanized area, as determined by the U.S. bureau of
the census.
2. The system serves an area with a population of 10,000 or more and a
population density of 1,000 or more per square mile and DNR requires the operator
to obtain a permit based on an evaluation of the system's impact on water quality.
3. DNR requires the operator to obtain a permit because the system contributes
pollutants to an interconnected system that is required to obtain a permit.
Under current law, DNR, in conjunction with DATCP and local governmental
units, administers a program to provide financial assistance for measures to reduce
water pollution from nonpoint (diffuse) sources. This bill increases the general
obligation bonding authority for the Nonpoint Source Program by $22,400,000.
Under the Nonpoint Source Program, a number of watersheds and lake areas
were selected for priority watershed and priority lake projects. Under current law,
no new priority watersheds or priority lakes may be selected. The bill prohibits DNR
from extending funding for a priority watershed or priority lake project beyond the
funding termination date that was in effect on January 1, 2001, or, if no funding
termination date was in effect on January 1, 2001, beyond the funding termination
date first established after January 1, 2001.
Under the Nonpoint Source Program, local governmental units annually apply
for cost-sharing grants from DNR for new nonpoint source projects. A project is
eligible for funding only if it is in a target area. An area may be a target area based
on several criteria, including the need for compliance with performance standards
established by DNR for nonpoint sources that are not agricultural. A project
qualifies for funding only if it cannot be conducted with funding provided by DATCP
under the Soil and Water Resource Management Program.
This bill adds that an area may be a target area under the Nonpoint Source
Program based on the need for compliance with performance standards established
by DNR for nonpoint sources that are agricultural. The bill also provides that a
project qualifies for funding if DNR, in consultation with DATCP, determines that
funding under the Soil and Water Resource Management Program is insufficient to
fund the project.
Under current law, DNR administers the Municipal Flood Control and
Riparian Restoration Program, under which DNR awards grants that pay a portion
of the costs of facilities and structures for the collection and transmission of storm
water and of the purchase of flowage and conservation easements on lands within
floodways. DNR also administers the Urban Nonpoint Source Water Pollution
Abatement and Storm Water Management Program, under which DNR awards
grants for projects that manage urban storm water and runoff from urban areas to
minimize flooding and protect groundwater. This bill increases the general
obligation bonding authority for the two programs by $11,000,000.
Voluntary environmental improvement
This bill creates the Green Tier Program, administered by DNR. The program
is designed to improve the environmental performance of public and private entities
through the provision of incentives. There are three tiers in the Green Tier Program.
A participant may participate in more than one tier.
A public or private entity that is subject to environmental laws (regulated
entity) may participate in tier I of the Green Tier Program. To participate, a
regulated entity must conduct an environmental performance evaluation or have an
environmental management system. An environmental performance evaluation is
a systematic review of the effects of a facility on the environment, including an
evaluation of compliance with one or more environmental laws. An environmental
management system is a set of procedures designed to evaluate the effects of a facility
on the environment and to achieve improvements in those effects.
To participate in tier I, the regulated entity must submit a report to DNR
describing the results of the environmental performance evaluation or describing
findings from the environmental management system. At the time of submitting the
report, more than two years must have elapsed since the regulated entity was
prosecuted or issued a citation for violating an environmental law. The report must
describe any violations of environmental laws revealed by the environmental
performance evaluation or environmental management system and the actions
taken or proposed to be taken to correct the violations. If the regulated entity
proposes to take more than 90 days to correct the violations, the regulated entity
must submit a proposed compliance schedule.
The bill generally prohibits this state from bringing an action to collect a
forfeiture (a civil monetary penalty) for a violation of an environmental law that is
disclosed by a regulated entity that satisfies the requirements for participation in
tier I of the Green Tier Program if the regulated entity corrects the violation within
the 90-day period or within the time provided in a compliance schedule that was
approved by DNR. The bill authorizes this state to begin an action to collect
forfeitures from a regulated entity that satisfies the requirements for participation
in tier I of the Green Tier Program at any time under several circumstances,
including cases in which a violation presents an imminent threat or may cause
serious harm to public health or the environment or in which DNR discovers the
violation before the regulated entity reports the violation.
An entity or a group of entities may participate in tier II of the Green Tier
Program. If a group applies, all of the requirements for participation apply to all of
the members of the group.
At the time of application for tier II, more than five years must have elapsed
since the applicant was convicted of a criminal violation of an environmental law that
resulted in substantial harm to public health or the environment or that presented
an imminent threat to public health or the environment; more than three years must
have elapsed since a civil judgment was entered against the applicant for a violation
of an environmental law that resulted in substantial harm to public health or the
environment; and more than two years must have elapsed since the applicant was
prosecuted or issued a citation for violating an environmental law.
