Analysis by the Legislative Reference Bureau
Environment
Other environment
Current law imposes several fees that are based on the weight of solid waste disposed of at a landfill or other waste disposal facility. This type of fee is often called a tipping fee. Currently, the environmental repair tipping fee is $1.60 per ton of solid waste, other than mining waste and certain kinds of high-volume industrial waste. The environmental repair tipping fee is deposited into the environmental fund. This bill increases the environmental repair tipping fee to $5 per ton.
In addition, this bill changes the funding source for making the principal and interest payments on bonds issued by this state for certain water pollution abatement purposes from the general fund to the environmental fund.
Currently, the recycling tipping fee is $4 per ton of solid waste disposed of, other than certain kinds of high-volume industrial waste. The recycling tipping fee is deposited into the recycling and renewable energy fund. This bill increases the recycling tipping fee to $5 per ton.
For further information see the state and local 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SECTION 1. 20.115 (7) (f) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.115 (7) (s) of the statutes is amended to read:
20.115 (7) (s) Principal repayment and interest; soil and water, environmental fund. From the environmental fund, the amounts in the schedule a sum sufficient for the payment of principal and interest costs incurred in providing funds for soil and water resource management projects under s. 92.14, to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing those projects, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.370 (7) (ca) of the statutes is renumbered 20.370 (7) (cq) and amended to read:
20.370 (7) (cq) Principal repayment and interest -- nonpoint source grants. A From the environmental fund, a sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in providing funds under s. 20.866 (2) (te) for nonpoint source water pollution abatement projects under s. 281.65, to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing those projects, to the extent that these payments are not made under par. (cg), and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 20.370 (7) (cb) of the statutes is amended to read:
20.370 (7) (cb) Principal repayment and interest -- pollution abatement bonds. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the acquisition, construction, development, enlargement or improvement of point source water pollution abatement facilities and sewage collection facilities under ss. 281.55, 281.56 and 281.57 and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a), to the extent that these payments are not made under par. (ct).
SECTION 5. 20.370 (7) (ce) of the statutes is renumbered 20.370 (7) (cr) and amended to read:
20.370 (7) (cr) Principal repayment and interest -- nonpoint source. A From the environmental fund, a sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing nonpoint source projects under s. 20.866 (2) (tf), to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing those projects, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 6. 20.370 (7) (cf) of the statutes is renumbered 20.370 (7) (cs) and amended to read:
20.370 (7) (cs) Principal repayment and interest -- urban nonpoint source cost-sharing. A From the environmental fund, a sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing cost-sharing grants for projects under s. 20.866 (2) (th), to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing those grants, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 7. 20.370 (7) (ct) of the statutes is created to read:
20.370 (7) (ct) Principal and interest -- pollution abatement, environmental fund. From the environmental fund, the amounts in the schedule to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the acquisition, construction, development, enlargement or improvement of point source water pollution abatement facilities and sewage collection facilities under ss. 281.55, 281.56 and 281.57, to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing those facilities, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 8. 20.866 (1) (u) of the statutes is amended to read:
20.866 (1) (u) Principal repayment and interest. A sum sufficient from moneys appropriated under sub. (2) (zp) and ss. 20.115 (2) (d) and (7) (b), (f), and (br), (s), and (tb), 20.190 (1) (c), (d), (i), and (j), 20.225 (1) (c) and (i), 20.245 (1) (e) and (j), 20.250 (1) (c) and (e), 20.255 (1) (d), 20.285 (1) (d), (db), (im), (in), (je), (jq), (kd), (km), and (ko) and (5) (i), 20.320 (1) (c) and (t) and (2) (c), 20.370 (7) (aa), (ac), (ag), (aq), (ar), (at), (au), (bq), (br), (ca), (cb), (cc), (cd), (ce), (cf), (cg), (cq), (cr), (ct), (ea), (eq), and (er), 20.395 (6) (af), (aq), (ar), and (au), and (av), 20.410 (1) (e), (ec), and (ko) and (3) (e), 20.435 (2) (ee) and (6) (e), 20.465 (1) (d), 20.485 (1) (f) and (go), (3) (t) and (4) (qm), 20.505 (4) (es), (et), (ha), and (hb) and (5) (c), (g), (kc), and (kd), 20.855 (8) (a), and 20.867 (1) (a) and (b) and (3) (a), (b), (bm), (bn), (bp), (bq), (br), (bu), (bv), (g), (h), (i), and (q) for the payment of principal, interest, premium due, if any, and payment due, if any, under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a) relating to any public debt contracted under subchs. I and IV of ch. 18.
****NOTE: This is reconciled s. 20.866 (1) (u). This SECTION has been affected by drafts with the following LRB numbers: -0202/2, -0203/1, -0247/1, -0627/2, -1295/3.
SECTION 9. 20.866 (1) (u) of the statutes, as affected by 2009 Wisconsin Act (this act), is amended to read:
20.866 (1) (u) Principal repayment and interest. A sum sufficient from moneys appropriated under sub. (2) (zp) and ss. 20.115 (2) (d) and (7) (b), (br), (s), and (tb), 20.190 (1) (c), (d), (i), and (j), 20.225 (1) (c) and (i), 20.245 (1) (e) and (j), 20.250 (1) (c) and (e), 20.255 (1) (d), 20.285 (1) (d), (db), (im), (in), (je), (jq), (kd), (km), and (ko) and (5) (i), 20.320 (1) (c) and (t) and (2) (c), 20.370 (7) (aa), (ac), (ag), (aq), (ar), (at), (au), (bq), (br), (cb), (cc), (cd), (cf), (cg), (cq), (cr), (cs), (ct), (ea), (eq), and (er), 20.395 (6) (af), (aq), (ar), (au), and (av), 20.410 (1) (e), (ec), and (ko) and (3) (e), 20.435 (2) (ee), 20.465 (1) (d), 20.485 (1) (f) and (go), (3) (t) and (4) (qm), 20.505 (4) (es), (et), (ha), and (hb) and (5) (c), (g), (kc), and (kd), 20.855 (8) (a), and 20.867 (1) (a) and (b) and (3) (a), (b), (bm), (bn), (bp), (bq), (br), (bu), (bv), (g), (h), (i), and (q) for the payment of principal, interest, premium due, if any, and payment due, if any, under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a) relating to any public debt contracted under subchs. I and IV of ch. 18.
****NOTE: This is reconciled s. 20.866 (1) (u). This SECTION has been affected by drafts with the following LRB numbers: -0202/2, -0203/1, -0247/1, -0627/2, -1295/3.
SECTION 10. 25.46 (7) of the statutes is amended to read:
25.46 (7) The fees imposed under s. 289.67 (1) for environmental management, except that for each ton of waste for which the fee is $1.60 per ton, 75 cents, $1.05 is for nonpoint source water pollution abatement.
SECTION 11. 289.645 (3) of the statutes is amended to read:
289.645 (3) AMOUNT OF RECYCLING FEE. The fee imposed under this section is $4 $5 per ton for all solid waste other than high-volume industrial waste.
SECTION 12. 289.67 (1) (cp) of the statutes is amended to read:
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 50 cents $1.60 per ton for solid or hazardous waste, other than high-volume industrial waste, disposed of before November 1, 2007 July 1, 2009, and $1.60 $5 per ton disposed of on or after November 1, 2007 July 1, 2009.
SECTION 9337. Initial applicability; Natural Resources.
(1) RECYCLING TIPPING FEE. The treatment of section 289.645 (3) of the statutes first applies to solid waste disposed of on October 1, 2009.
SECTION 9437. Effective dates; Natural Resources.
(1) NONPOINT SOURCE DEBT SERVICE. The treatment of sections 20.370 (7) (ce) and (cf) and 20.866 (1) (u) (by SECTION 9) of the statutes takes effect on July 1, 2010.
(End)
LRB-1296LRB-1296/3
RCT:jld:ph
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0321 - Change certain air permit fees
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Air quality
The federal government has delegated to DNR the authority to administer the federal Clean Air Act in this state. The Clean Air Act requires operators of certain stationary sources of air pollution, such as large factories, to have operation permits (federal operation permits). State law requires operators of additional stationary sources of air pollution to have operation permits (state operation permits). Generally, current law requires an operator who has either kind of operation permit to pay an annual fee of $35.71 per ton of certain pollutants emitted, subject to a cap.
This bill changes the annual fees that must be paid by operators who are required to have state operation permits. Under the bill, the annual fee is generally $775. The fee for some operation permits that contain provisions that limit a source's potential to emit so that the source is not required to have a federal operation permit is $3,475.
Current law imposes an annual fee of $300 on the operator of a stationary source of air pollution who is not required to have an operation permit if the stationary source emits more than three tons of certain air pollutants in a year. This bill eliminates that fee.
Current law requires DNR to specify a term of not more than five years for most air pollution operation permits, but the law generally prohibits DNR from specifying an expiration date for certain simplified permits. This bill authorizes DNR to specify a term of more than five years for a state operation permit, other than a simplified permit, or to specify that such a state operation permit does not expire.
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. 20.370 (2) (bg) of the statutes is amended to read:
20.370 (2) (bg) Air management -- stationary sources. The amounts in the schedule for purposes related to stationary sources of air contaminants as specified in s. 285.69 (2) (c) and to transfer the amounts appropriated under s. 20.143 (1) (kc) to the appropriation account under s. 20.143 (1) (kc). All moneys received from fees imposed on owners and operators of stationary sources for which operation permits are required under the federal clean air act under s. 285.69 (2) (a) and (e), except moneys appropriated under subs. (3) (bg), (8) (mg) and (9) (mh), and all moneys received from fees imposed under s. 285.69 (7) shall be credited to this appropriation.
SECTION 2. 20.370 (2) (bh) of the statutes is amended to read:
20.370 (2) (bh) Air management -- state permit sources. The amounts in the schedule for purposes related to stationary sources of air contaminants for which an operation permit is required under s. 285.60 but not under the federal clean air act as specified in s. 285.69 (2) (i) (2m) (b). All moneys received from fees imposed under s. 285.69 (1g) and imposed under s. 285.69 (2) on owners and operators of stationary sources for which operation permits are required under s. 285.60 but not under the federal clean air act (2m) shall be credited to this appropriation account.
SECTION 3. 20.370 (3) (bg) of the statutes is amended to read:
20.370 (3) (bg) Enforcement -- stationary sources. From the general fund, from the moneys received from fees imposed on owners and operators of stationary sources for which operation permits are required under the federal clean air act under s. 285.69 (2) (a) and (e), the amounts in the schedule for enforcement operations related to stationary sources of air contaminants.
SECTION 4. 20.370 (8) (mg) of the statutes is amended to read:
20.370 (8) (mg) General program operations -- stationary sources. From the general fund, from the moneys received from fees imposed on owners and operators of stationary sources for which operation permits are required under the federal clean air act under s. 285.69 (2) (a) and (e), the amounts in the schedule for the administration of the operation permit program under ch. 285 and s. 299.15.
SECTION 5. 20.370 (9) (mh) of the statutes is amended to read:
20.370 (9) (mh) General program operations -- stationary sources. From the general fund, from the moneys received from fees imposed on owners and operators of stationary sources for which operation permits are required under the federal clean air act under s. 285.69 (2) (a) and (e), the amounts in the schedule for customer service, communications and aids administration for the operation permit program under ch. 285 and s. 299.15.
SECTION 6. 285.66 (2) (c) of the statutes is created to read:
285.66 (2) (c) Notwithstanding par. (a), the department may specify a term of longer than 5 years for an operation permit or specify that an operation permit does not expire if all of the following apply:
1. The operation permit is for a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act.
2. The operation permit is not a registration permit or a general permit.
SECTION 7. 285.69 (1) (a) 3. of the statutes is repealed.
SECTION 8. 285.69 (1g) of the statutes is repealed.
SECTION 9. 285.69 (2) (title) of the statutes is amended to read:
285.69 (2) (title) FEES FOR PERSONS REQUIRED TO HAVE FEDERAL OPERATION PERMITS.
SECTION 10. 285.69 (2) (a) (intro.) of the statutes is amended to read:
285.69 (2) (a) (intro.) The department shall promulgate rules for the payment and collection of fees by the owner or operator of a stationary source for which an operation permit is required under the federal clean air act. The rules shall provide all of the following:
SECTION 11. 285.69 (2) (c) (intro.) of the statutes is amended to read:
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:
SECTION 12. 285.69 (2) (f) of the statutes is repealed.
SECTION 13. 285.69 (2) (g) of the statutes is repealed.
SECTION 14. 285.69 (2) (h) of the statutes is repealed.
SECTION 15. 285.69 (2) (i) of the statutes is renumbered 285.69 (2m) (b), and 285.69 (2m) (b) (intro.), as renumbered, is amended to read:
285.69 (2m) (b) (intro.) 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:
SECTION 16. 285.69 (2m) of the statutes is created to read:
285.69 (2m) FEES FOR STATE PERMIT SOURCES. (a) 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 shall pay to the department a fee of $775 per year, except as provided in par. (b).
(b) An owner or operator to whom the department has issued an operation permit for one or more points of emission from an existing source in order to limit the source's potential to emit so that the existing source is not a major source shall pay to the department a fee of $3,475 per year if the operation permit includes federally enforceable conditions that allow the amount of emissions to be at least 80 percent of the amount that results in a stationary source being classified as a major source.
SECTION 9437. Effective dates; Natural Resources.
(1) AIR EMISSION PERMIT FEES. The treatment of sections 20.370 (2) (bg) and (bh), (3) (bg), (8) (mg), and (9) (mh) and 285.69 (1) (a) 3., (1g), (2) (title), (a) (intro.), (c) (intro.), (f), (g), (h), and (i), and (2m) of the statutes takes effect on January 1, 2010.
(End)
LRB-1301LRB-1301/3
MGG:cjs:rs
2009 - 2010 LEGISLATURE
DOA:......Wavrunek, BB0324 - Processing fee for bobcat permits
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
