Amendment SSA1-SB40

SB40-SSA1,1346,7 281.65 (8) (f) A cost-sharing grant shall equal the percentage of the cost of implementing the best management practice that is determined by the governmental unit submitting the application under sub. (4c) (a) or (4e) (a) and is approved by the board, except as provided under pars. (gm) and (jm) and except that a cost-sharing grant may not exceed 70% of the cost of implementing the best management practice.

SB40-SSA1, s. 3081 Section 3081. 281.65 (8) (gm) of the statutes is amended to read:

SB40-SSA1,1346,11 281.65 (8) (gm) The governmental unit submitting the application under sub. (4c) (a) or (4e) (a) shall exceed the limit under par. (f) in cases of economic hardship, as defined by the department by rule.

SB40-SSA1, s. 3081pb Section 3081pb. 281.75 (title) of the statutes is amended to read:

SB40-SSA1,1346,13 281.75 (title) Compensation for well contamination and abandonment.

SB40-SSA1, s. 3081pc Section 3081pc. 281.75 (1) (h) of the statutes is amended to read:

SB40-SSA1,1346,17 281.75 (1) (h) "Well," if not followed by the words, "subject to abandonment," means an excavation or opening in the ground made by boring, drilling or driving for the purpose of obtaining a supply of groundwater. "Well" does not include dug wells.

SB40-SSA1, s. 3081pd Section 3081pd. 281.75 (1) (i) of the statutes is created to read:

SB40-SSA1,1346,21 281.75 (1) (i) "Well subject to abandonment" means a well that is required to be abandoned under s. NR 812.26 (2) (a), Wis. Adm. Code, or that the department may require to be abandoned under s. NR 812.26 (2) (b), Wis. Adm. Code.

SB40-SSA1, s. 3081pe Section 3081pe. 281.75 (2) (f) of the statutes is created to read:

SB40-SSA1,1346,24 281.75 (2) (f) Establish requirements for the filling and sealing of wells subject to abandonment.

SB40-SSA1, s. 3081pf Section 3081pf. 281.75 (3) (a) of the statutes is renumbered 281.75 (3) and amended to read:

SB40-SSA1,1347,5 281.75 (3) Wells for which a claim may be submitted; sunset date. A claim may be submitted for a private water supply which, at the time of submitting the claim, is contaminated or for a well subject to abandonment.

SB40-SSA1, s. 3081pg Section 3081pg. 281.75 (3) (b) of the statutes is repealed.

SB40-SSA1, s. 3081ph Section 3081ph. 281.75 (4) (a) of the statutes is amended to read:

SB40-SSA1,1347,11 281.75 (4) (a) Except as provided under par. (b), a landowner or lessee of property on which is located a contaminated private water supply or a well subject to abandonment, or the spouse, dependent, heir, assign or legal representative of the landowner or lessee, may submit a claim under this section.

SB40-SSA1, s. 3081pi Section 3081pi. 281.75 (4m) (a) of the statutes is amended to read:

SB40-SSA1,1347,16 281.75 (4m) (a) In order to be eligible for an award under this section, the annual family income of the landowner or lessee of property on which is located a contaminated water supply or a well subject to abandonment may not exceed $65,000.

SB40-SSA1, s. 3081pj Section 3081pj. 281.75 (5) (b) 1. of the statutes is amended to read:

SB40-SSA1,1347,21 281.75 (5) (b) 1. Test results which show that the private water supply is contaminated, as defined under sub. (1) (b) 1. or 2., or information to show that the private water supply is contaminated as defined under sub. (1) (b) 3., or information to show that the well is a well subject to abandonment;

SB40-SSA1, s. 3081pk Section 3081pk. 281.75 (5) (b) 2. of the statutes is amended to read:

SB40-SSA1,1347,25 281.75 (5) (b) 2. Any If the claim is based on a contaminated private water supply, any information available to the claimant regarding possible sources of contamination of the private water supply; and

SB40-SSA1, s. 3081pL Section 3081pL. 281.75 (5) (d) 1. of the statutes is amended to read:

SB40-SSA1,1348,4 281.75 (5) (d) 1. Enter the property where the private water supply or well subject to abandonment is located during normal business hours and conduct any investigations or tests necessary to verify the claim; and

SB40-SSA1, s. 3081pm Section 3081pm. 281.75 (5) (d) 2. of the statutes is amended to read:

SB40-SSA1,1348,9 281.75 (5) (d) 2. Cooperate If the claim is based on a contaminated private water supply, cooperate with the state in any administrative, civil or criminal action involving a person or activity alleged to have caused the private water supply to become contaminated.

SB40-SSA1, s. 3081pn Section 3081pn. 281.75 (5) (e) of the statutes is amended to read:

SB40-SSA1,1348,13 281.75 (5) (e) The department shall consolidate claims if more than one claimant submits a claim for the same private water supply or for the same well subject to abandonment.

SB40-SSA1, s. 3081pq Section 3081pq. 281.75 (7) (a) of the statutes is amended to read:

SB40-SSA1,1348,20 281.75 (7) (a) If the department finds that the claimant meets all the requirements of this section and rules promulgated under this section and that the private water supply is contaminated or that the well is a well subject to abandonment, the department shall issue an award. The award may not pay more than 75% of the eligible costs. The award may not pay any portion of eligible costs in excess of $12,000.

SB40-SSA1, s. 3081pr Section 3081pr. 281.75 (7) (c) 1. of the statutes is amended to read:

SB40-SSA1,1348,23 281.75 (7) (c) 1. The If the claim is based on a contaminated private water supply, the cost of obtaining an alternate water supply;

SB40-SSA1, s. 3081ps Section 3081ps. 281.75 (7) (c) 2. (intro.) of the statutes is amended to read:

SB40-SSA1,1349,2 281.75 (7) (c) 2. (intro.) The If the claim is based on a contaminated private water supply, the cost of any one of the following:

SB40-SSA1, s. 3081pt Section 3081pt. 281.75 (7) (c) 3. of the statutes is amended to read:

SB40-SSA1,1349,6 281.75 (7) (c) 3. The cost of abandoning a contaminated private water supply, if a new private water supply is constructed or, if connection to a public or private water supply is provided, or if the claim is based on a well subject to abandonment;

SB40-SSA1, s. 3081pu Section 3081pu. 281.75 (7) (c) 4. of the statutes is amended to read:

SB40-SSA1,1349,10 281.75 (7) (c) 4. The cost of obtaining 2 tests to show that the private water supply was contaminated if the claim is based on a contaminated private water supply and the cost of those tests was originally paid by the claimant;

SB40-SSA1, s. 3081pv Section 3081pv. 281.75 (7) (c) 5. of the statutes is amended to read:

SB40-SSA1,1349,14 281.75 (7) (c) 5. Purchasing The cost of purchasing and installing a pump, if the claim is based on a contaminated private water supply and a new pump is necessary for the new or reconstructed private water supply; and

SB40-SSA1, s. 3081pw Section 3081pw. 281.75 (7) (c) 6. of the statutes is amended to read:

SB40-SSA1,1349,18 281.75 (7) (c) 6. Relocating If the claim is based on a contaminated private water supply, the cost of relocating pipes, as necessary, to connect the replacement water supply to the buildings served by it.

SB40-SSA1, s. 3081px Section 3081px. 281.75 (7) (c) 7. of the statutes is amended to read:

SB40-SSA1,1349,23 281.75 (7) (c) 7. If the claim is based on a contaminated water supply that is eligible under sub. (11) (ae), the cost of properly abandoning any improperly abandoned private water supply located on the property owned or leased by the claimant.

SB40-SSA1, s. 3081py Section 3081py. 281.75 (8) (intro.) of the statutes is renumbered 281.75 (8) and amended to read:

SB40-SSA1,1350,3 281.75 (8) Copayment. The department shall require a payment by the claimant equal to the total of the following: copayment of $250 unless the claim is solely for well abandonment.

SB40-SSA1, s. 3081pz Section 3081pz. 281.75 (8) (a) and (b) of the statutes are repealed.

SB40-SSA1, s. 3081qb Section 3081qb. 281.75 (11) (a) 4. of the statutes is amended to read:

SB40-SSA1,1350,8 281.75 (11) (a) 4. One If the claim is based on a contaminated private water supply, one or more of the contaminants upon which the claim is based was introduced into the well through the plumbing connected to the well.

SB40-SSA1, s. 3081qc Section 3081qc. 281.75 (11) (a) 5. of the statutes is amended to read:

SB40-SSA1,1350,13 281.75 (11) (a) 5. One If the claim is based on a contaminated private water supply, one or more of the contaminants upon which the claim is based was introduced into the well intentionally by a claimant or a person who would be directly benefited by payment of the claim.

SB40-SSA1, s. 3081qd Section 3081qd. 281.75 (11) (a) 6. of the statutes is amended to read:

SB40-SSA1,1350,19 281.75 (11) (a) 6. All If the claim is based on a contaminated private water supply, all of the contaminants upon which the claim is based are naturally occurring substances and the concentration of the contaminants in water produced by the well does not significantly exceed the background concentration of the contaminants in groundwater at that location.

SB40-SSA1, s. 3081qe Section 3081qe. 281.75 (11) (a) 7. of the statutes is amended to read:

SB40-SSA1,1350,24 281.75 (11) (a) 7. Except as provided in sub. (14), an award has been made under this section within the previous 10 years for the parcel of land where the private water supply is located and the claim is based on a contaminated private water supply.

SB40-SSA1, s. 3081qf Section 3081qf. 281.75 (11) (a) 8. of the statutes is amended to read:

SB40-SSA1,1351,4 281.75 (11) (a) 8. A If the claim is based on a contaminated private water supply, the contaminated private water supply is a residential water supply, is contaminated by bacteria or nitrates or both, and is not contaminated by any other substance, except as provided in par. (ae).

SB40-SSA1, s. 3081qg Section 3081qg. 281.75 (11) (a) 9. of the statutes is amended to read:

SB40-SSA1,1351,8 281.75 (11) (a) 9. A If the claim is based on a contaminated private water supply, the contaminated private water supply is a livestock water supply, is contaminated by bacteria, and is not contaminated by any other substance.

SB40-SSA1, s. 3081qh Section 3081qh. 281.75 (11) (b) (title) of the statutes is amended to read:

SB40-SSA1,1351,10 281.75 (11) (b) (title) Limits on awards for contaminated wells; purposes.

SB40-SSA1, s. 3081qi Section 3081qi. 281.75 (11) (d) (title) of the statutes is amended to read:

SB40-SSA1,1351,12 281.75 (11) (d) (title) Limits on awards for contaminated wells; amount.

SB40-SSA1, s. 3081qj Section 3081qj. 281.75 (17) (a) of the statutes is amended to read:

SB40-SSA1,1351,18 281.75 (17) (a) A claim based on a contaminated private water supply may be submitted irrespective of the time when the contamination is or could have been discovered in the private water supply. A claim may be submitted for contamination which commenced before May 11, 1984, and continues at the time a claim is submitted under this section.

SB40-SSA1, s. 3082 Section 3082. 281.87 of the statutes is created to read:

SB40-SSA1,1351,24 281.87 Great Lakes contaminated sediment removal. The department may expend funds from the appropriation under s. 20.866 (2) (ti) to pay a portion of the costs of a project to remove contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior if federal funds are provided for the project under 33 USC 1268 (c) (12).

SB40-SSA1, s. 3082e Section 3082e. 285.14 (2) of the statutes is amended to read:

SB40-SSA1,1352,13 285.14 (2) Review by standing committees. At least 60 days before the department is required to submit a state implementation plan to the federal environmental protection agency, the department shall prepare, and provide to the standing committees of the legislature with jurisdiction over environmental matters, under s. 13.172 (3) a report that describes the proposed plan and contains all of the supporting documents that the department intends to submit with the plan. The department shall also submit to the revisor of statutes legislative reference bureau for publication in the administrative register a notice of availability of the report. If, within 30 days after the department provides the report, the chairperson of a standing committee to which the report was provided submits written comments on the report to the department, the secretary shall respond to the chairperson in writing within 15 days of receipt of the comments. This subsection does not apply to a modification to a state implementation plan relating to an individual source.

SB40-SSA1, s. 3082r Section 3082r. 285.23 (6) of the statutes is amended to read:

SB40-SSA1,1353,2 285.23 (6) Report to standing committees. Before the department issues documents under sub. (2) and at least 60 days before the governor is required to make a submission on a nonattainment designation under 42 USC 7407 (d) (1) (A), the department shall prepare, and provide to the standing committees of the legislature with jurisdiction over environmental matters under s. 13.172 (3), a report that contains a description of any area proposed to be identified as a nonattainment area and supporting documentation. The department shall also submit to the revisor of statutes legislative reference bureau for publication in the administrative register a notice of availability of the report. If, within 30 days after the department submits the report, the chairperson of a standing committee to which the report was provided submits written comments on the report to the department, the secretary shall respond to the chairperson in writing within 15 days of receipt of the comments.

SB40-SSA1, s. 3083 Section 3083. 285.30 (5) (a) of the statutes is amended to read:

SB40-SSA1,1353,4 285.30 (5) (a) A motor vehicle of a model year of 1967 1995 or earlier.

SB40-SSA1, s. 3084 Section 3084. 285.30 (5) (b) of the statutes is amended to read:

SB40-SSA1,1353,10 285.30 (5) (b) A motor vehicle with of a model year of 2006 or earlier that has a gross vehicle weight rating exceeding 10,000 8,500 pounds, as determined by the manufacturer of the vehicle, and a motor vehicle of a model year of 2007 or later that has a gross vehicle weight rating exceeding 14,000 pounds, as determined by the manufacturer of the vehicle.

SB40-SSA1, s. 3085 Section 3085. 285.30 (5) (d) of the statutes is amended to read:

SB40-SSA1,1353,13 285.30 (5) (d) A motor vehicle of a model year of 2006 or earlier that is powered by diesel fuel.

SB40-SSA1, s. 3086k Section 3086k. 287.26 of the statutes is amended to read:

SB40-SSA1,1353,22 287.26 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. In any contract under this section, the department shall include goals and objectives, methods to measure progress toward the goals and objectives, and a schedule for reporting to the department on the use of funds and progress toward the goals and objectives. The department may not provide more than $250,000 annually under this section to any nonprofit organization.

SB40-SSA1, s. 3087 Section 3087. 289.43 (7) (e) 3. of the statutes is amended to read:

SB40-SSA1,1353,25 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the appropriations appropriation under s. 20.370 (2) (dg) and (9) (mj).

SB40-SSA1, s. 3088 Section 3088. 289.645 (3) of the statutes is amended to read:

SB40-SSA1,1354,3 289.645 (3) Amount of recycling fee. The fee imposed under this section is $3 $6 per ton for all solid waste other than high-volume industrial waste.

SB40-SSA1, s. 3089 Section 3089. 289.67 (1) (cp) of the statutes is amended to read:

SB40-SSA1,1354,10 289.67 (1) (cp) Amount of environmental repair fee. Notwithstanding par. (cm) and except as provided under par. (d), the environmental repair fee imposed under par. (a) is 30 50 cents per ton for solid or hazardous waste, other than high-volume industrial waste, disposed of on or after January 1, 1988, but before July 1, 1989, and 50 cents per ton disposed of on or after July 1, 1989 before July 1, 2007, and $1.60 per ton disposed of on or after July 1, 2007.

SB40-SSA1, s. 3090 Section 3090. 289.67 (1) (h) of the statutes is amended to read:

SB40-SSA1,1354,13 289.67 (1) (h) Use of environmental repair fee. The fees collected under par. (b) shall be credited to the environmental fund for environmental management.

SB40-SSA1, s. 3091 Section 3091. 291.15 (2) (d) of the statutes is amended to read:

SB40-SSA1,1355,13 291.15 (2) (d) Use of confidential records. Except as provided under par. (c) and this paragraph the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of this chapter. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency or its authorized representative records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency or its authorized representative to protect the confidentiality of the records or other information. The department or the department of justice shall provide to the department of workforce development children and families or a county child support agency under s. 59.53 (5) the name and address of an individual, the name and address of the individual's employer and financial information related to the individual that is contained in records or other information granted confidential status under this subsection if requested under s. 49.22 (2m) by the department of workforce development children and families or a county child support agency under s. 59.53 (5).