AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Water quality
Current law requires a person who plans to construct a well other than a high capacity well to notify DNR of the location of the well before construction begins. The law also requires the person to pay a notification fee of $50. This bill authorizes DNR to appoint agents to collect and process well notifications. The bill requires a person making a well notification to pay a processing fee of 50 cents, whether the person makes the notification to DNR or to an agent, and authorizes an agent who collects and processes a well notification to retain the processing fee.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 281.34 (3) of the statutes is renumbered 281.34 (3) (a).
SECTION 2. 281.34 (3) (b) and (c) of the statutes are created to read:
281.34 (3) (b) The department may appoint any person who is not an employee of the department as the department's agent to accept and process notifications and collect the fees under par. (a).
(c) Any person, including the department, who accepts and processes a well notification under par. (a) shall collect in addition to the fee under par. (a) a processing fee of 50 cents. An agent appointed under par. (b) may retain the processing fee to compensate the agent for the agent's services in accepting and processing the notification.
(End)
LRB-0280LRB-0280/3
RCT:wlj:md
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0022 - Notice of discharge project funding under nonpoint program
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Water quality
Under current law, DNR, in conjunction with DATCP and local governmental units, administers a program to provide financial assistance for projects to reduce water pollution from nonpoint (diffuse) sources. Local governmental units annually apply for cost-sharing grants from DNR for new nonpoint source projects. A project qualifies for funding only if it is in a target area. An area may be a target area if, for example, it contains a livestock operation that has received a notice from DNR that the operation is discharging a significant amount of pollution to the waters of this state (a notice of discharge). DNR annually ranks all of the eligible applications based on specified criteria, including the extent to which the project will result in the attainment of water quality objectives, and then DNR selects projects to receive cost-sharing grants. This process is referred to as the targeted runoff management grant process.
Current law also authorizes DNR to provide a cost-sharing grant, outside of the targeted runoff management grant process, to a local governmental unit for animal waste management at a livestock operation for which DNR has issued a notice of discharge if DNR determines that providing a grant outside of that process is necessary to protect fish and aquatic life. This bill broadens that authority by also covering livestock operations for which DNR has issued a notice of intent to issue a notice of discharge and allowing DNR to provide a grant to a local governmental unit if DNR determines that is necessary to protect the waters of the state.
This bill also authorizes DNR to provide a cost-sharing grant, outside of the targeted runoff management grant process, directly to the owner or operator of a livestock operation who has received a notice of discharge, or a notice of intent to issue a notice of discharge, if DNR determines that providing a grant outside of that process is necessary to protect the waters of the state.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 281.65 (4e) (a) of the statutes is amended to read:
281.65 (4e) (a) A governmental unit may request funding under this subsection for a project to implement best management practices for animal waste management at an animal feeding operation for which the department has issued a notice of discharge under ch. 283 or a notice of intent to issue a notice of discharge.
SECTION 2. 281.65 (4e) (b) of the statutes is amended to read:
281.65 (4e) (b) The department may grant a request under par. (a) if it determines that providing funding under this subsection is necessary to protect fish and aquatic life the waters of the state.
SECTION 3. 281.65 (4e) (bm) of the statutes is created to read:
281.65 (4e) (bm) The department may provide a cost-sharing grant under this subsection directly to a landowner, or to an operator of an animal feeding operation, for a project to implement best management practices for animal waste management at an animal feeding operation for which the department has issued a notice of discharge under ch. 283 or a notice of intent to issue a notice of discharge if the department determines that providing funding under this subsection is necessary to protect the waters of the state.
SECTION 4. 281.65 (8) (f) of the statutes is amended to read:
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 department in providing a cost-sharing grant under sub. (4e) (a) or 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 unless par. (gm) applies.
****NOTE: This is reconciled s. 281.65 (8) (f). This SECTION has been affected by drafts with the following LRB numbers: -0280/2, -1156/2.
SECTION 5. 281.65 (8) (gm) of the statutes is amended to read:
281.65 (8) (gm) The department in providing a cost-sharing grant under sub. (4e) (a) or a governmental unit submitting the application under sub. (4c) (a) or (4e) (a) shall may exceed the limit under par. (f) in cases case of economic hardship, as defined by the department by rule. In providing a grant for a project to achieve compliance with a performance standard or prohibition established under s. 281.16 (3) (a), the department shall provide cost-sharing of 70% of the cost of compliance or 70% to 90% of the cost of compliance in case of economic hardship.
SECTION 6. 281.65 (8) (jm) of the statutes is repealed.
SECTION 9437. Effective dates; Natural Resources.
(1) NONPOINT SOURCE POLLUTION PROGRAM COST SHARING. The treatment of section 281.65 (8) (jm) of the statutes takes effect on January 1, 2010.
(End)
LRB-0281LRB-0281/1
RCT:nwn/jld:rs
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0023 - Interest on environmental cleanup cost recovery
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Hazardous substances and environmental cleanup
Current law authorizes DNR to take actions to prevent or remedy environmental contamination in specified circumstances. In some cases the law requires a person, such as a person who caused contamination, to reimburse DNR for the costs that it incurs in taking these actions.
This bill provides that, if DNR authorizes reimbursement for the costs of actions taken to prevent or remedy environmental contamination to be paid over time, DNR must require monthly payments of interest on the outstanding balance of the reimbursement.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 292.11 (7) (b) of the statutes is renumbered 292.11 (7) (b) 1.
SECTION 2. 292.11 (7) (b) 2. of the statutes is created to read:
292.11 (7) (b) 2. If the department authorizes reimbursement under subd. 1. to be paid over time, it shall require monthly payments of interest, at a rate determined by the department, on the unpaid balance of the reimbursement.
SECTION 3. 292.31 (8) (e) of the statutes is created to read:
292.31 (8) (e) Interest payment. If the department authorizes an amount that the state is entitled to recover under this subsection to be paid over time, it shall require monthly payments of interest, at a rate determined by the department, on the unpaid balance of that amount.
(End)
LRB-0282LRB-0282/1
RCT:bjk:md
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0024 - Eliminate sunset on vehicle environmental impact fee
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Transportation
Drivers and motor vehicles
Under current law, a person is required to pay an environmental impact fee of $9 upon registering a new motor vehicle, other than a neighborhood electric vehicle, with DOT or upon applying for a new certificate of title following the transfer of a vehicle. The environmental impact fee is deposited in the environmental fund. The fee expires on December 31, 2009. This bill eliminates the expiration date for the environmental impact fee.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 342.14 (1r) of the statutes is amended to read:
342.14 (1r) Upon filing an application under sub. (1) or (3), an environmental impact fee of $9, by the person filing the application. All moneys collected under this subsection shall be credited to deposited in the environmental fund for environmental management. This subsection does not apply after December 31, 2009. This subsection does not apply to an application for a certificate of title for a neighborhood electric vehicle.
(End)
LRB-0284LRB-0284/P5
TKK&JK:bjk:ph
2009 - 2010 LEGISLATURE
DOA:......Weidner, BB0005 - Zone Tax Credit Consolidation
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Commerce and Economic Development
Economic Development
Consolidation of economic development zone programs
Under current law, the Department of Commerce (Commerce) may designate a portion of the state as a development zone, a development opportunity zone, an enterprise development zone, an agricultural development zone, an enterprise zone, an airport development zone, or a technology zone. Commerce may also certify persons who agree to undertake certain eligible activities in one of the designated zones. Eligible activities include job creation, environmental remediation, and capital investment. Persons who obtain certification are then eligible for tax benefits.
This bill consolidates the development zones, enterprise development zones, agricultural development zones, technology zones, and airport development zones (five development zone programs) into a program that provides tax benefits to persons who enter into a contract with Commerce to undertake eligible activities anywhere in the state. Eligible activities under the bill include all of the following:
1. Job creation projects that result in the creation and maintenance of jobs paying wages and providing benefits at a level approved by Commerce.
2. Projects that involve a significant investment of capital, as defined by Commerce by rule, by the person in new equipment, machinery, real property, or depreciable personal property.
3. Projects that involve significant investments in the training or reeducation of employees, as defined by Commerce by rule, for the purpose of improving the productivity or competitiveness of the business of the person.
4. Projects that will result in the location or retention of a person's corporate headquarters in Wisconsin or that will result in the retention of employees if the person's corporate headquarters are located in Wisconsin.
Commerce may allocate tax benefits under the consolidated program up to the total amount remaining to be allocated under the five development zone programs on the effective date of this bill. Tax benefits are allocated under the bill only after the person has verified to Commerce that the person has met the performance obligations established under the contract.
The value of tax benefits for which a person is eligible under the new tax credit program depends on the number of jobs created by the person, the amount of the capital investment made by the person, the amount of training or reeducation provided to the employees of a person, or the number of jobs retained by the person having its corporate headquarters located in Wisconsin.
Under the bill, Commerce may award additional tax benefits to a person that conducts eligible activities in an economically distressed area or if the eligible activities benefit members of a targeted group. Commerce is required by the bill to develop a methodology for designating an area as an "economically distressed area." The bill defines "member of a targeted group" as a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets certain eligibility requirements for a Wisconsin Works employment position, a person who is employed in a trial job or in a real work real pay project position, a person who is eligible for child care assistance, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a dislocated worker, as defined under federal law, or a food stamp recipient, if the person has been certified by a designated local agency.