Amendment ASA1-AB100

AB100-ASA1,833,17 281.58 (2m) (e) Inspect periodically clean water fund project construction to determine project compliance with construction plans and specifications approved by the department and the requirements of this section and s. 281.59 and, if applicable, of 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder.

AB100-ASA1, s. 2152s Section 2152s. 281.58 (9) (a) of the statutes is amended to read:

AB100-ASA1,834,2 281.58 (9) (a) After the department approves a municipality's facility plan submitted under sub. (8s), the municipality shall submit an application for participation to the department. The application shall be in such form and include such information as the department and the department of administration prescribe and shall include design plans and specifications that are approvable by the department under this chapter. The department shall review applications for participation in the clean water fund program. The department shall determine which applications meet the eligibility requirements and criteria under subs. (6), (7), (8), (8m) and (13).

AB100-ASA1, s. 2153 Section 2153. 281.58 (9) (ae) of the statutes is amended to read:

AB100-ASA1,834,8 281.58 (9) (ae) A municipality that submits an application under par. (a) without design plans and specifications may obtain an initial determination of financial eligibility from the department of administration. The department of natural resources may not approve a municipality's application until the municipality submits approvable design plans and specifications.

AB100-ASA1, s. 2154 Section 2154. 281.58 (15) (a) (intro.) and 1. of the statutes are consolidated, renumbered 281.58 (15) (a) and amended to read:

AB100-ASA1,834,15 281.58 (15) (a) The department and the department of administration may, at the request of a municipality, issue a notice of financial assistance commitment to the municipality after all of the following occur: 1. The the department approves the municipality's application under sub. (9m) (a) and the department of administration has allocated subsidy for the municipality's project.

AB100-ASA1, s. 2155 Section 2155. 281.58 (15) (a) 2. of the statutes is repealed.

AB100-ASA1, s. 2156 Section 2156. 281.59 (1) (b) of the statutes is amended to read:

AB100-ASA1,834,23 281.59 (1) (b) "Market interest rate" means the interest at the effective interest rate of a on a fixed-rate revenue obligation issued by the state to fund a loan or a portion of a loan for a project under the clean water fund program made under this section or, for a variable rate obligation, the effective interest rate that the department of administration determines would have been paid if the variable rate obligation had been sold at a fixed rate.

AB100-ASA1, s. 2157 Section 2157. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:

AB100-ASA1,835,2 281.59 (3e) (b) 1. Equal to $90,000,000 $109,600,000 during the 2003-05 2005-07 biennium.

AB100-ASA1,835,3 3. Equal to $1,000 for any biennium after the 2003-05 2005-07 biennium.

AB100-ASA1, s. 2158 Section 2158. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:

AB100-ASA1,835,6 281.59 (3m) (b) 1. Equal to $4,000,000 $2,700,000 during the 2003-05 2005-07 biennium.

AB100-ASA1,835,7 2. Equal to $1,000 for any biennium after the 2003-05 2005-07 biennium.

AB100-ASA1, s. 2159 Section 2159. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:

AB100-ASA1,835,10 281.59 (3s) (b) 1. Equal to $12,800,000 $10,800,000 during the 2003-05 2005-07 biennium.

AB100-ASA1,835,11 2. Equal to $1,000 for any biennium after the 2003-05 2005-07 biennium.

AB100-ASA1, s. 2160 Section 2160. 281.61 (1) (b) of the statutes is amended to read:

AB100-ASA1,835,16 281.61 (1) (b) "Market interest rate" means the interest at the effective rate of a revenue obligation issued by this state to fund a loan or portion of a loan for a clean water fund program project under s. 281.58 has the meaning given in s. 281.59 (1) (b).

AB100-ASA1, s. 2192 Section 2192. 285.01 (17m) of the statutes is created to read:

AB100-ASA1,835,20 285.01 (17m) "Entire facility" means all stationary sources that are under the control of one person or under the control of persons who are under common control and that are located on contiguous properties.

AB100-ASA1, s. 2192p Section 2192p. 285.66 (1) of the statutes is amended to read:

AB100-ASA1,836,12 285.66 (1) Construction. Unless otherwise specified in the permit, a construction permit, the authorization to construct, reconstruct, replace, or modify a stationary source is valid for 18 months from the date of issuance of the permit unless the permit is revoked or suspended. The department may extend the term of the authorization in the construction permit for the purposes of commencing or completing construction, reconstruction, replacement, or modification. Unless otherwise specified in a construction permit, the department may only extend the term of the authorization in the permit for up to 18 additional months beyond the original 18-month period. If construction, reconstruction, replacement , or modification is not completed within the term specified in the permit or any extension granted by the department, the applicant shall apply for a new construction permit. Notwithstanding the fact that authorization to construct, reconstruct, replace, or modify a source expires under this subsection, all conditions in a construction permit are permanent unless the conditions are revised through a revision of the construction permit or through the issuance of a new construction permit.

AB100-ASA1, s. 2192v Section 2192v. 285.69 (1) (a) of the statutes is renumbered 285.69 (1) (a) (intro.) and amended to read:

AB100-ASA1,836,17 285.69 (1) (a) Application for permit. (intro.) Reviewing and acting upon any application for a construction permit., except that the department may not impose a fee on any of the following persons who apply for a construction permit:

AB100-ASA1, s. 2192w Section 2192w. 285.69 (1) (a) 1. to 3. of the statutes are created to read:

AB100-ASA1,836,21 285.69 (1) (a) 1. An owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act if the entire facility is covered by a registration permit under s. 285.60 (2g).

AB100-ASA1,836,24 2. An owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act if the entire facility is covered by a general permit under s. 285.60 (3).

AB100-ASA1,837,4 3. An owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act for which the department has issued an operation permit, if the owner or operator has paid the fee under sub. (2) (h) at any time before applying for the construction permit.

AB100-ASA1, s. 2193 Section 2193. 285.69 (1d) of the statutes is created to read:

AB100-ASA1,837,8 285.69 (1d) Request for waiver of construction permit requirement. An owner or operator that requests a waiver under s. 285.60 (5m) of the requirement to obtain a construction permit shall pay to the department a fee of $300.

AB100-ASA1, s. 2194 Section 2194. 285.69 (1g) of the statutes is created to read:

AB100-ASA1,837,14 285.69 (1g) Annual fees for operation permit exemption. The owner or operator of a stationary source that is exempt from the requirement to obtain an operation permit under s. 285.62 shall pay to the department a fee of $300 per year if the stationary source had actual emissions of a regulated pollutant in excess of 3 tons in the preceding year.

AB100-ASA1, s. 2196d Section 2196d. 285.69 (2) (c) (intro.) of the statutes is amended to read:

AB100-ASA1,837,19 285.69 (2) (c) (intro.) The fees collected under pars. (a) and (e) from the owner or operator of a stationary source for which an operation permit is required under the federal clean air act shall be credited to the appropriations under s. 20.370 (2) (bg), (3) (bg), (8) (mg) and (9) (mh) for the following:

AB100-ASA1, s. 2196g Section 2196g. 285.69 (2) (f) of the statutes is created to read:

AB100-ASA1,838,2 285.69 (2) (f) Notwithstanding pars. (a) and (e), the owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act shall pay to the department a fee of $1,100 for a year if the preceding year was the first year in which the entire facility was covered by a registration permit under s. 285.60 (2g). Paragraphs (a) and (e) apply in all other years.

AB100-ASA1, s. 2196h Section 2196h. 285.69 (2) (g) of the statutes is created to read:

AB100-ASA1,838,10 285.69 (2) (g) Notwithstanding pars. (a) and (e), the owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act shall pay to the department a fee of $2,300 for a year if the preceding year was the first year in which the entire facility was covered by a general permit under s. 285.60 (3) and the facility was first covered by an operation permit after the effective date of this paragraph .... [revisor inserts date]. Paragraphs (a) and (e) apply in all other years.

AB100-ASA1, s. 2196i Section 2196i. 285.69 (2) (h) of the statutes is created to read:

AB100-ASA1,838,18 285.69 (2) (h) 1. Notwithstanding pars. (a) and (e), the owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act may elect to pay the department a fee of $7,500 for a year if the entire facility was not covered by a registration operation permit under s. 285.60 (2g) or by a general operation permit under s. 285.60 (3) in the preceding year and the owner or operator has not previously elected to pay the fee under this subdivision. Paragraphs (a) and (e) apply in all other years.

AB100-ASA1,838,24 2. Notwithstanding subd. 1. and pars. (a) and (e), for 2006 only, the owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act and that is not a synthetic minor source, as defined in NR 407.02 (9), Wis. Adm. Code, shall pay a fee of $300 if the entire facility was not covered by a registration operation permit under s. 285.60 (2g) or by a general operation permit under s. 285.60 (3) in 2005.

AB100-ASA1, s. 2196j Section 2196j. 285.69 (2) (i) of the statutes is created to read:

AB100-ASA1,839,6 285.69 (2) (i) The fees collected under this subsection from the owner or operator of a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act and under sub. (1g) shall be credited to the appropriation account under s. 20.370 (2) (bh) for the following purposes as they relate to stationary sources for which an operation permit is required under s. 285.60 but not under the federal clean air act:

AB100-ASA1,839,13 1. The costs of reviewing and acting on applications for operation permits; implementing and enforcing operation permits except for court costs or other costs associated with an enforcement action; monitoring emissions and ambient air quality; preparing rules and materials to assist persons who are subject to the operation permit program; ambient air quality modeling; preparing and maintaining emission inventories; and any other direct and indirect costs of the operation permit program.

AB100-ASA1,839,15 2. Costs of any other activities related to stationary sources of air contaminants.

AB100-ASA1, s. 2198 Section 2198. 287.26 of the statutes is created to read:

AB100-ASA1,840,2 287.26 Business waste reduction and recycling assistance. The department may contract with a nonprofit organization for services to assist businesses to reduce the amount of solid waste generated or to reuse or recycle solid waste. The department may not provide more than $250,000 annually under a contract under this section. The department may not provide funds under this section in an amount that exceeds 50 percent of the costs of the services to be provided under the contract. The department shall include in any contract under this section goals and objectives for the services to be provided, methods to measure progress toward the goals and objectives, and a schedule for reporting to the department on the use of funds and progress towards the goals and objectives.

AB100-ASA1, s. 2198t Section 2198t. 289.64 (3) of the statutes is amended to read:

AB100-ASA1,840,5 289.64 (3) Amount of solid waste facility siting board fee. The fee imposed under this section is 1.7 0.7 cents per ton for solid waste or hazardous waste.

AB100-ASA1, s. 2198x Section 2198x. 289.645 (3) of the statutes is amended to read:

AB100-ASA1,840,8 289.645 (3) Amount of recycling fee. The fee imposed under this section is $3 $2.25 per ton for all solid waste other than high-volume industrial waste.

AB100-ASA1, s. 2199 Section 2199. 289.645 (4) (e) of the statutes is created to read:

AB100-ASA1,840,13 289.645 (4) (e) The recycling fee does not apply to waste material that is removed from recycled materials intended for use as recycled fiber by a person that makes paper, pulp, or paperboard from wastepaper, if the waste material cannot be used to make paper, pulp, or paperboard.

AB100-ASA1, s. 2202 Section 2202. 292.57 (2) (b) of the statutes is amended to read:

AB100-ASA1,840,16 292.57 (2) (b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (mi) (dh).

AB100-ASA1, s. 2203m Section 2203m. 301.067 of the statutes is created to read:

AB100-ASA1,840,21 301.067 Funding for certain community reintegration services. From the appropriation under s. 20.410 (1) (d), the department shall provide $50,000 each fiscal year to Madison-area Urban Ministry, Inc., and $50,000 each fiscal year to Project Return for community reintegration services.

AB100-ASA1, s. 2204 Section 2204. 301.235 (2) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,841,5 301.235 (2) (a) (intro.) In order to provide new buildings and to enable the construction and financing thereof, to refinance indebtedness created by a nonprofit corporation for the purpose of providing a new building or buildings or additions or improvements thereto which are located on land owned by, or owned by the state and held for, the department or on lands of the institutions under the jurisdiction of the department or owned by the nonprofit corporation, or for any one or more of those purposes, but for no other purpose unless authorized by law, the department, subject to s. 16.848, has the following powers and duties:

AB100-ASA1, s. 2205 Section 2205. 301.235 (2) (a) 1. of the statutes is amended to read:

AB100-ASA1,841,12 301.235 (2) (a) 1. Without limitation by reason of any other statute except s. 16.848, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.

AB100-ASA1, s. 2206 Section 2206. 301.24 (4) of the statutes is amended to read:

AB100-ASA1,841,20 301.24 (4) Sales. The Except where a sale occurs under s. 16.848, the department, with the approval of the building commission, may sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of the sales shall be credited to the state building trust fund.

AB100-ASA1, s. 2207 Section 2207. 301.24 (4m) of the statutes is amended to read:

AB100-ASA1,842,3 301.24 (4m) Correctional institution property disposition. In addition to any other requirements under this section, except where a sale occurs under s. 16.848, the department may sell or otherwise transfer or dispose of the property acquired for the correctional institution under s. 46.05 (1o), 1985 stats., only if the sale, transfer or disposition is approved by the joint committee on finance. The department shall submit a plan for any such proposed sale, transfer or disposition to the committee.

AB100-ASA1, s. 2208 Section 2208. 301.25 of the statutes is amended to read:

AB100-ASA1,842,12 301.25 Sewer system at Taycheedah Correctional Institution. The department, with the approval of the governor, may enter into an agreement containing terms, conditions and covenants approved by the building commission, to participate in the construction of a sanitary sewer system in the area adjacent to the Taycheedah Correctional Institution in the town of Taycheedah, Fond du Lac County; to connect the sewer system of the Taycheedah Correctional Institution thereto; to pay sewage disposal charges; and to grant easements or , subject to s. 16.848, convey land to meet construction requirements.

AB100-ASA1, s. 2209d Section 2209d. 301.26 (4) (d) 2. of the statutes is amended to read:

AB100-ASA1,842,21 301.26 (4) (d) 2. Beginning on July 1, 2003 2005, and ending on June 30, 2004 2006, the per person daily cost assessment to counties shall be $183 $203 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $183 $203 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $225 $234 for care in a residential care center for children and youth, $142 $157 for care in a group home for children, $47 for care in a foster home, $88 $83 for care in a treatment foster home, $86 $81 for departmental corrective sanctions services, and $25 $32 for departmental aftercare services.

AB100-ASA1, s. 2210d Section 2210d. 301.26 (4) (d) 3. of the statutes is amended to read:

AB100-ASA1,843,5 301.26 (4) (d) 3. Beginning on July 1, 2004 2006, and ending on June 30, 2005 2007, the per person daily cost assessment to counties shall be $187 $209 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $187 $209 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $239 $244 for care in a residential care center for children and youth, $149 $163 for care in a group home for children, $49 $50 for care in a foster home, $92 $87 for care in a treatment foster home, $87 $82 for departmental corrective sanctions services, and $26 $33 for departmental aftercare services.

AB100-ASA1, s. 2210m Section 2210m. 301.26 (5) of the statutes is created to read:

AB100-ASA1,843,10 301.26 (5) Revenue sufficiency. (a) Before the close of each odd-numbered fiscal year, the department of corrections shall project the balance that will remain in the appropriation account under s. 20.410 (3) (hm) on June 30 of that fiscal year and provide that information to the department of administration.

AB100-ASA1,843,22 (b) 1. If the department of corrections projects under par. (a) that there will be a deficit in the appropriation account under s. 20.410 (3) (hm) on June 30 of an odd-numbered year, the department of administration shall include the amount of that projected deficit in the cost basis used to calculate the per person daily cost assessments under sub. (4) (d) 2. and 3. for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), for the next fiscal biennium by adding 50% of that projected deficit to the cost basis used to determine the per person daily cost assessment under sub. (4) (d) 2. for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), for the first year of the next fiscal biennium and by adding 50% of that projected deficit to the cost basis used to determine the per person daily cost assessment under sub. (4) (d) 3. for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), for the 2nd year of the next fiscal biennium.

AB100-ASA1,844,2 2. The secretary of administration shall place in unallotted reserve and use to recoup the projected deficit specified in subd. 1. all moneys generated by the increases in the per person daily cost assessments specified in subd. 1. that result from adding that projected deficit to the cost basis specified in subd. 1.

AB100-ASA1,844,15 (c) If on June 30 of the odd-numbered year of the next fiscal biennium the moneys placed in unallotted reserve under par. (b) 2. exceed the amount of the actual deficit on June 30 of the odd-numbered year of the fiscal biennium in which that deficit was incurred, all moneys in excess of that actual deficit shall be remitted to the counties or transferred to the appropriation account under s. 20.410 (3) (kx) by September 30 of that odd-numbered year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement at Type 1 secured correctional facilities, as defined in s. 938.02 (19), for each county and the state during that next fiscal biennium. Counties shall use any amounts remitted under this paragraph for the purposes specified in this section. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under s. 20.410 (3) (kx).

AB100-ASA1, s. 2211 Section 2211. 301.26 (7) (intro.) of the statutes is amended to read:

AB100-ASA1,844,21 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (3) (cd) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2003 2005, and ending on June 30, 2005 2007, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB100-ASA1, s. 2212 Section 2212. 301.26 (7) (a) of the statutes is amended to read:

AB100-ASA1,844,25 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $44,145,100 for the last 6 months of 2003 2005, $88,290,200 for 2004 2006, and $44,145,100 for the first 6 months of 2005 2007.

AB100-ASA1, s. 2213 Section 2213. 301.26 (7) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,845,5 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2003 2005, $4,000,000 for 2004 2006, and $2,000,000 for the first 6 months of 2005 2007 to counties based on each of the following factors weighted equally:

AB100-ASA1, s. 2214 Section 2214. 301.26 (7) (c) of the statutes is amended to read:

AB100-ASA1,845,13 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2003 2005, $2,106,500 for 2004 2006, and $1,053,300 for the first 6 months of 2005 2007 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

AB100-ASA1, s. 2215 Section 2215. 301.26 (7) (e) of the statutes is amended to read: