This bill allows the Board of Regents of the UW System to award grants to
undergraduate resident students who do not receive a Wisconsin higher education
grant awarded by the Higher Educational Aids Board (HEAB). The amount of a
grant must correspond to increases, or portions of increases, in tuition charged the
student.
The bill requires the Board of Regents to allocate $8,198,200 to support
interdisciplinary research into biotechnology, nanotechnology, and information
technologies that enhance human health and welfare.
The bill requires the Board of Regents to allocate $2,000,000 in the 2009-10
fiscal year to support the establishment of the Wisconsin Genomics Initiative.
Under current law, the Board of Regents may not create a new school that has
graduate, professional, or post-baccalaureate academic programs. This bill allows
the Board of Regents to create the following schools at UW-Milwaukee: 1) a school
of public health; and 2) a school of freshwater sciences.
Under current law, the Medical College of Wisconsin and the University of
Wisconsin-Madison School of Medicine and Public Health must submit biennial
reports to the governor and JCF on specified topics, including the following: 1)
Wisconsin resident enrollment numbers and percentages; 2) placement of graduates
of doctor of medicine and residency training programs; and 3) financial summaries
for the college and school. This bill eliminates the requirement for reports on the
foregoing topics.
Under current law, the Board of Regents is allowed to create or abolish full-time
equivalent (FTE) positions that are funded from a number of specified
appropriations, including one appropriation that is funded with segregated fund
revenues. This bill allows the Board of Regents to create or abolish FTE positions
that are funded from any appropriation to the board that is funded with segregated
fund revenues. The bill also makes an appropriation from the recycling and
renewable energy fund to the board to support research under the Wisconsin
Bioenergy Initiative.
Generally, current law allows a UW System student who has been a bona fide
Wisconsin resident for the 12 months preceding the beginning of a semester or
session for which the student registers to pay resident, as opposed to nonresident,
tuition.
This bill allows an alien who is not a legal permanent resident of the United
States to pay resident, as opposed to nonresident, tuition if he or she: 1) graduated
from a Wisconsin high school or received a declaration of equivalency of high school
graduation from Wisconsin; 2) was continuously present in Wisconsin for at least
three years following the first day of attending a Wisconsin high school or
immediately preceding receipt of a declaration of equivalency of high school
graduation; and 3) enrolls in a UW System institution and provides the institution
with an affidavit stating that he or she has filed or will file an application for
permanent residency with U.S. Citizenship and Immigration Services as soon as the
person is eligible to do so. The bill also provides that such persons are to be
considered residents of this state for purposes of admission to and payment of fees
at a technical college.
In general, current law provides that if a technical college district board wishes
to make a capital expenditure exceeding $1,000,000 or to borrow more than
$1,000,000, it must adopt a resolution to do so and submit the resolution to the
electors of the district for approval. This bill raises the amount from $1,000,000 to
$1,500,000.
Current law requires the Wisconsin Technical College System Board (WTCS
Board) to establish tuition for resident and nonresident students. For a resident
student, the WTCS Board must comply with requirements that depend on whether
the student is enrolled in a liberal arts collegiate transfer program or in a
postsecondary or vocational-adult program. For a nonresident student, the WTCS
Board must establish tuition based on 100 percent of the statewide cost per full-time
equivalent student for operating the program in which the student is enrolled.
This bill requires the WTCS Board to establish tuition for nonresident students
based on 150 percent of the program fees that the WTCS Board is required to
establish for resident students.
Current law allows the WTCS Board to award grants to technical college
district boards (district boards) for skills training related to the needs of business.
Current law prohibits the WTCS Board from awarding a grant unless the business
is located in this state, has no more than 100 employees, and has no more than
$10,000,000 in gross annual income. Also, current law prohibits using a grant to pay
more than 80 percent of the cost of training the spouse or child of the business owner,
or to pay wages or compensate for lost revenue in connection with providing the
training. In addition, current law prohibits the WTCS Board from awarding more
than $1,000,000 in grants in a fiscal year.
This bill eliminates all of the prohibitions described above. In addition, the bill
eliminates the requirement that district boards submit reports to the WTCS Board
on how grants are used.
Currently, under certain circumstances, the UW System and each technical
college must provide full remission of fees for 128 credits or eight semesters,
whichever is longer, to an eligible veteran or to the spouse, unremarried surviving
spouse, or child of an eligible veteran (dependent). An eligible veteran is one who
died on active duty, died as the result of a service-connected disability, died in the
line of duty while on duty for training purposes, or has been awarded at least a 30
percent service-connected disability rating.
This bill requires a veteran or dependent to apply to the payment of those fees
all educational assistance to which that person is entitled under the federal
Post-9/11 Veterans Educational Assistance Act of 2008, commonly referred to as the
"New GI Bill." This requirement applies notwithstanding that the veteran or
dependent may be entitled to educational assistance under the federal Montgomery
GI Bill Act of 1984 or the federal Survivors' and Dependents' Educational Assistance
Program (collectively referred to as the "Old GI Bill") as well as under the New GI
Bill. For a veteran or dependent who is entitled to educational assistance under both
the Old GI Bill and the New GI Bill, if the amount of educational assistance, other
than educational assistance for tuition, to which the veteran or dependent is entitled
under the Old GI Bill is greater than the amount of educational assistance, other
than educational assistance for tuition, to which the veteran or dependent is entitled
under the New GI Bill, HEAB must reimburse the veteran or dependent for the
difference in those amounts of educational assistance.
Under current law, beginning in the 2011-12 academic year, HEAB must award
Wisconsin covenant scholar grants to undergraduates enrolled at least half time at
nonprofit public or private institutions of higher education or at tribally controlled
colleges in this state. Current law requires HEAB to promulgate rules to implement
that grant program.
This bill requires a student to be designated as a Wisconsin covenant scholar
by the Office of the Wisconsin Covenant Scholars Program in DOA (office) in order
to be eligible for a Wisconsin covenant scholar grant. The bill also requires DOA,
rather than HEAB, to promulgate rules to implement the grant program and
requires those rules to include eligibility criteria for designation as a Wisconsin
covenant scholar.
Under current law, HEAB awards Wisconsin higher education grants (WHEG
grants) to undergraduates enrolled at least half time at nonprofit public institutions
of higher education or tribally controlled colleges in this state. Currently, a WHEG
grant may not exceed $3,000 for an academic year. This bill permits HEAB to
establish the maximum amount of a WHEG grant, but prohibits HEAB from
increasing that maximum amount unless HEAB determines that as many students
will be awarded WHEG grants in the current academic year as in the previous
academic year. The bill also funds those grants in fiscal year 2009-10 in part from
moneys received by the UW System for auxiliary enterprises, such as dining halls
and parking facilities.
Current law requires HEAB to establish plans to be administered by HEAB for
participation by this state under any federal acts relating to higher education. This
bill requires HEAB to obtain the approval of DOA before HEAB may expend any
discretionary federal economic stimulus funds for any higher education capital or
modernization project.
Under current law, DOA administers an Educational Telecommunications
Access Program under which DOA provides Internet access to educational agencies.
Currently, an educational agency that is provided Internet access under the program
may not provide that access to any for-profit business entity. This bill permits an
educational agency to provide such Internet access to a for-profit business entity
that is broadcasting an event sponsored by the educational agency if the business
entity reimburses DOA for its proportionate share of the cost of the data line used
to broadcast the event.
Eminent Domain
Currently, whenever an entity with the power of condemnation seeks to acquire
property by condemnation, it must provide the property owner with an appraisal of
the property and pay for the owner to acquire his or her own appraisal. This bill
provides that, if the property is being acquired for sewers or transportation facilities,
the owner may use an appraisal prepared by the owner or condemnor during the
period preceding negotiations in any subsequent appeal only if the appraisal was
provided to the other party during that period.
Currently, if a property owner agrees voluntarily to convey the property to the
condemnor at an agreed-upon price, the owner has the right, within six months, to
appeal the issue of the amount of compensation paid by the condemnor. This bill
eliminates this right for owners whose property is being acquired for sewers or
transportation facilities. The bill does not eliminate the owner's right to appeal the
amount of compensation within two years if his or her property is condemned.
Currently, a property owner who on appeal is awarded more in compensation
than was offered by the condemnor is entitled to litigation expenses, including
reasonable attorney fees, if the award exceeds the offer by at least $700 and at least
15 percent. This bill provides that, in such a case, the amount of attorney fees
included in litigation expenses may not exceed one-third of the difference between
the offer and the award, except that if one-third of that difference is less than $5,000,
the amount of attorney fees included in litigation expenses may not exceed $5,000.
Currently, a person displaced by the acquisition of property by an entity that
is vested with the power of condemnation is entitled to certain benefits from the
condemnor, including relocation assistance, assistance in the acquisition of
replacement housing, and moving expenses. The person must file a claim for such
benefits within two years of being displaced. If the claim is not allowed within 90
days, the claimant may file an appeal in circuit court. Currently, there is no deadline
for filing an appeal. This bill provides that the claimant must file the appeal within
two years.
Under current law, Commerce may make investigations to determine whether
a condemnor is complying with the laws relating to relocation benefits and may seek
an order from a circuit court requiring compliance with those laws or discontinuance
of work on that part of the project that is not in compliance. This bill eliminates this
authority.
Currently, a person displaced by the acquisition of property by a condemnor
may petition Commerce for review of his or her complaint. Commerce may attempt
to negotiate an acceptable solution with the condemnor. This bill eliminates these
provisions.
Current law directs the attorney general, at the request of Commerce, to
prosecute all necessary actions or proceedings for the enforcement of the laws
relating to relocation benefits. This bill eliminates this directive.
Employment
Under current law, in local government employment other than law
enforcement and fire fighting employment, if a dispute relating to the terms of a
proposed collective bargaining agreement has not been settled after a reasonable
period of negotiation and after mediation by the Wisconsin Employment Relations
Commission (WERC), either party, or the parties jointly, may petition WERC to
initiate compulsory, final, and binding arbitration with respect to any dispute
relating to wages, hours, and conditions of employment. An arbitrator must adopt
the final offer of one of the parties on all disputed issues, which is then incorporated
into the collective bargaining agreement.
This process does not apply, however, to a dispute over economic issues
involving a collective bargaining unit consisting of school district professional
employees if WERC determines, subsequent to an investigation, that the employer
has submitted a qualified economic offer (QEO). A QEO consists of a proposal to
maintain the percentage contribution by the employer to the employees' existing
fringe benefit costs and the employees' existing fringe benefits and to provide for an
annual average salary increase having a cost to the employer at least equal to 2.1
percent of the existing total compensation and fringe benefit costs for the employees
in the collective bargaining unit plus any fringe benefit savings. Fringe benefit
savings is that amount, if any, by which 1.7 percent of the total compensation and
fringe benefit costs for all municipal employees in a collective bargaining unit for any
12-month period covered by a proposed collective bargaining agreement exceeds the
increased cost required to maintain the percentage contribution by the municipal
employer to the municipal employees' existing fringe benefit costs and to maintain
all fringe benefits provided to the municipal employees. This bill eliminates the QEO
exception from the compulsory, final, and binding arbitration process.
Under current law, school district professional employees must be placed in a
collective bargaining unit that is separate from the units of other school district
employees. This bill eliminates this requirement.
Current law also provides that, in reaching a decision, the arbitrator must give
weight to many factors, including the authority of the municipal employer; the
interests and welfare of the public and the ability of the unit of government to meet
the costs of the proposed agreement; comparison of wages, hours, and conditions of
employment with those of other employees; the cost of living; and other similar
factors. But, under current law, the arbitrator must give greater weight to economic
conditions in the jurisdiction of the employer and the greatest weight to any state law
or directive that places expenditure or revenue limitations on an employer. This bill
eliminates the requirement for the arbitrator to give any weight to economic
conditions in the jurisdiction of the employer or to any state law or directive that
places expenditure or revenue limitations on an employer if the decision involves a
collective bargaining unit comprised of school district employees.
Finally, the bill eliminates a 3.8 percent cap imposed on salary and fringe
benefit annual cost increases for all nonrepresented professional school district
employees.
Under current law, faculty and academic staff of the UW System do not have
collective bargaining rights under the State Employment Labor Relations Act
(SELRA). This bill provides all UW System academic staff and all faculty, including
specifically faculty who are supervisors or managers, with the right to collectively
bargain over wages, hours, and conditions of employment. Collective bargaining
units for faculty are structured with one unit for UW-Madison, one unit for
UW-Milwaukee, and one unit for all of the other UW System campuses. Collective
bargaining units for academic staff are structured similarly, with one unit for
UW-Madison, one for UW-Milwaukee, and one for all of the other UW System
campuses. The bill also provides that, if the employees approve, two or more units
for faculty may be combined into a single unit and two or more units for academic
staff may be combined into a single unit. Representatives for each unit are chosen
by election.
Unfair labor practices for UW System academic staff and faculty collective
bargaining are generally the same as those under SELRA, except that the bill
specifically provides that it is not an unfair labor practice for the Board of Regents
of the UW System to implement changes in salaries or conditions of employment for
members of the faculty or academic staff at one UW institution and not for such
persons at other UW institutions if certain conditions are met. The bill specifically
authorizes fair-share and maintenance of membership agreements for UW
academic staff and faculty collective bargaining, as is the case under SELRA. The
bill also prohibits strikes.
Under the bill, the subjects of collective bargaining are the same as under
SELRA, except that collective bargaining is prohibited on the mission and goals of
the Board of Regents; the diminution of the right of tenure provided faculty; the
rights granted faculty and academic staff under current law; and academic freedom.
Finally, under the bill, collective bargaining agreements covering UW faculty and
academic staff must be approved by the Joint Committee on Employment Relations
and adopted by the legislature.
Under the current prevailing wage law, certain laborers, workers, mechanics,
and truck drivers employed on a state or local project of public works must be paid
at the rate paid for a majority of the hours worked in the person's trade or occupation
in the county in which the project is located and may not be required or permitted
to work more than ten hours per day or 40 hours per week, unless they are paid 1.5
times their basic rate of pay (overtime pay) for all hours worked in excess of those
prevailing hours of labor. Currently, the prevailing wage law does not apply to a
multiple-trade public works project whose estimated cost of completion is less than
$234,000 or to a single-trade public works project whose estimated cost of completion
is less than $48,000. DWD adjusts those amounts annually based on changes in
construction costs.
This bill requires all laborers, workers, mechanics, and truck drivers employed
on a publicly funded private construction project to be paid not less than the
prevailing wage rate and to be paid overtime pay for all hours worked in excess of the
prevailing hours of labor. The bill defines a "publicly funded private construction
project" as a construction project that receives any grant, cooperative agreement,
loan, contract, or any other financial assistance from a local governmental unit.
The bill also sets the threshold for applicability of the prevailing wage law at
an estimated cost of project completion of $2,000, regardless of whether the project
is a single-trade project or a multiple-trade project, and eliminates the authority of
DWD to adjust that threshold.
Current law requires each contractor, subcontractor, and agent performing
work on a project that is subject to the prevailing wage law to keep records indicating
the name and trade or occupation of every person performing work that is subject to
the prevailing wage law and an accurate record of the number of hours worked by
each of those persons and the actual wages paid for those hours worked. This bill
requires a contractor, subcontractor, or agent performing work on a project that is
subject to the prevailing wage law to submit, on a weekly basis, a certified record of
that information for the preceding week to the local governmental unit, state agency,
or private owner or developer authorizing the work.
Under current law, DWD must, on request, inspect the payroll records of any
contractor, subcontractor, or agent performing work on a project that is subject to the
prevailing wage law to ensure compliance with that law. If the contractor,
subcontractor, or agent is found to be in compliance with that law, DWD must charge
the requester for the cost of the inspection. This bill requires DWD to charge a
requester for the cost of such inspection only if the request was made in bad faith,
solely for the purpose of harassing or maliciously injuring the contractor,
subcontractor, or agent; or if the requester knew, or should have known, that there
was no reasonable basis for believing that a violation of the prevailing wage law had
been committed.
Under current law, when DWD receives a complaint alleging discrimination in
employment, housing, or the equal enjoyment of a public place of accommodation; a
complaint alleging a violation of the family and medical leave law; a complaint
alleging retaliation for disclosing information demonstrating mismanagement or
abuse of authority in state or local government (commonly referred to as "the
whistleblower law"); or a complaint alleging discrimination for exercising any right
relating to public employee occupational safety and health, DWD must investigate
the complaint to determine whether there is probable cause to believe that a violation
occurred. Under current DWD rules, if DWD finds no probable cause, the
complainant may request a hearing on the issue of probable cause before a hearing
examiner.
This bill eliminates the right to a hearing on the issue of probable cause and
instead provides that the finding of no probable cause may be appealed to the circuit
court.
Under current worker's compensation law, when death results from an injury
sustained by an employee while performing services growing out of and incidental
to employment, the employee's dependents, including a spouse who is living with the
employee at the time of death, are entitled to a death benefit. This bill extends death
benefits under the worker's compensation law to a domestic partner of a deceased
employee who is living with the deceased employee at the time of death.
Under current law, an employee of an employer employing 50 or more
individuals on a permanent basis may take up to six weeks of family leave in a
12-month period to care for a child, spouse, or parent of the employee, or the parent
of the spouse of the employee, who has a serious health condition. This bill permits
such an employee to take family leave to care for a domestic partner, or the parent
of a domestic partner, who has a serious health condition.
Under current law, if an employee to whom wages are due dies, the employer
must, upon demand, pay the wages to the spouse, children, or other dependent living
with the employee at the time of death. This bill requires an employer of a deceased
employee to whom wages are due to pay the wages to the domestic partner of the
deceased employee.
Under current law, DOJ must defend claims against the work injury
supplemental benefit (WISB) fund, which is used to pay supplemental worker's
compensation to employees with permanent total disability, additional death
benefits to the children of a deceased employee, additional worker's compensation
to an employee with permanent partial disability who incurs further permanent
disability, and worker's compensation when there is no adequate remedy for an
otherwise meritorious claim. DOJ must also prosecute claims for payment into the
WISB fund against an employer when an injury results in death or in the loss or total
impairment of a limb or eye or when a minor is injured while working without a work
permit or in prohibited employment. This bill permits DWD to retain DOA or an
insurance service organization, in addition to DOJ, to prosecute or defend claims for
payment into or out of the WISB fund, except that DOJ must continue to appear on
behalf of the state in administrative hearings or court proceedings on such claims.
Currently, DWD operates an employment service, funded with federal revenue,
that assists unemployed individuals in finding suitable employment. This bill
permits the employment service program to be funded, in addition, from special
federal grants that would otherwise be available to finance unemployment
insurance (UI) benefits. The change potentially increases the liability of employers
to finance UI benefits through contributions (taxes).
Environment
Water use
Under current law, DNR conducts activities related to the withdrawal and use
of water in this state, including activities to implement the Great Lakes Water
Resources Compact.
Beginning in 2011, this bill establishes three fees that DNR may use for
activities related to water use, including activities to implement the compact. The
first is an annual fee of $125, subject to modification by DNR by rule, to be paid by
a person with a water supply system with the capacity to withdraw 100,000 gallons
or more per day. The second fee is imposed on a person who withdraws more than
50,000,000 gallons of water from the Great Lakes basin in a year. DNR specifies the
amount of this fee by rule. The third is a $5,000 fee that must be paid by a person
applying for approval to divert water out of the Great Lakes basin.
Water quality
Under the Clean Water Fund Program, the state makes loans at subsidized
interest rates for projects that control water pollution. This bill changes the interest
rate for projects that are necessary to prevent a municipality from exceeding a
pollution limit in its wastewater discharge permit from 55 percent of the market
interest rate to 70 percent of the market interest rate.
This bill sets the present value of the Clean Water Fund Program subsidies that
may be provided during the 2009-11 fiscal biennium at $114,800,000. The bill also
increases the revenue bonding authority for the Clean Water Fund Program by
$418,800,000. In addition, the bill increases the general obligation bonding
authority for the Clean Water Fund Program by $76,500,000, except that this
increase does not take effect in fiscal years 2009-10 and 2010-11 unless DOA first
takes into account certain funds received from the federal government.
Under the Safe Drinking Water Loan Program, this state makes loans at a
subsidized rate to local governmental units for projects to construct or modify public
water systems. This bill sets the present value of the Safe Drinking Water Loan
Program subsidies that may be provided during the 2009-11 fiscal biennium at
$17,600,000. The bill also increases the general obligation bonding authority for the
Safe Drinking Water Loan Program by $9,400,000.
Under current law, DNR provides financial assistance for projects that 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 an area that is targeted due to water quality
problems. DNR annually ranks all of the eligible applications based on specified
criteria and then selects projects to receive cost-sharing grants. This process is
referred to as the targeted runoff management grant process. This bill increases the
authorized general obligation bonding authority for targeted runoff management
grants by $7,000,000.
Current law also authorizes DNR to award 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 awarding 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 award a grant to a local governmental unit
if DNR determines that it is necessary to protect the waters of the state. The bill also
authorizes DNR to award a cost-sharing grant directly to the owner or operator of
a livestock operation under the same circumstances.
Under current law, DNR provides financial assistance for the management of
urban storm water runoff and for flood control and riparian restoration projects.
This bill increases the general obligation bonding authority for these purposes by
$6,000,000.
Current federal law authorizes the Environmental Protection Agency (EPA) to
carry out projects to clean up contaminated sediment in the Great Lakes and
tributaries of the Great Lakes. The federal law requires that a portion of the funding
for a project be provided from a source other than the federal government. Current
state law authorizes DNR to pay a portion of the costs of such a project if EPA
provides federal funds for the project. The law provides $17,000,000 in bond
authority, to be repaid from the environmental fund, for this purpose.
This bill authorizes DNR 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 the project is in a water body that DNR has identified
as being impaired and the impairment is caused by contaminated sediment, without
regard to whether EPA provided funds for the project. The bill also increases the
bonding authority for sediment removal projects by $5,000,000.
Under current law, a person who discharges certain pollutants into the waters
of this state must hold a permit issued by DNR. Current law also provides that,
instead of issuing a separate permit for a discharge from an individual point source,
DNR may issue a general permit, applicable to a designated area of the state,
authorizing discharges from specified categories or classes of point sources located
within that area.
This bill authorizes DNR to issue a general permit authorizing a vessel that is
79 feet or greater in length to discharge ballast water into the waters of this state and
authorizes DNR to charge specified fees for applying for and maintaining coverage
under the permit.
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 and
to pay a notification fee of $50. This bill authorizes DNR to appoint agents to process
well notifications and collect the fees. The bill requires a person making a well
notification to pay a processing fee of 50 cents and authorizes the agent to retain the
fee.
Hazardous substances and environmental cleanup
Under current law, the Department of Commerce (Commerce) administers
PECFA, a program to reimburse owners of certain petroleum product storage tanks
for a portion of the costs of cleaning up discharges from those tanks. Under this bill,
the owner of a petroleum product storage tank is not eligible for reimbursement
under PECFA unless the owner notifies Commerce about the discharge before
January 1, 2012.
This bill authorizes Commerce to contract with a person who removes
underground petroleum storage tanks to remove an abandoned underground
petroleum product storage tank if Commerce determines that the owner of the tank
is unable to pay to have the tank removed.
Under current law, DNR administers the Dry Cleaner Environmental
Response Program (DERP), under which DNR reimburses a portion of the costs of
cleaning up discharges of dry cleaning solvents. DERP is funded from the segregated
dry cleaner environmental response fund (DERF), which consists primarily of fees
paid by dry cleaners.
This bill authorizes the transfer of money from the environmental
improvement fund (which funds the Clean Water Fund Program, the Safe Drinking
Water Loan Program, and the Land Recycling Loan Program) to DERF if the amount
in DERF is insufficient to provide reimbursement under DERP. Any transfer must
be repaid with interest. The bill requires the secretary of administration and the
secretary of natural resources to enter into an agreement specifying the terms and
conditions of the transfer and provides that the transfer may not exceed $6,200,000.
Under the Land Recycling Loan Program, this state makes subsidized loans to
muncipalities and counties for projects to remedy environmental contamination at
sites owned by the municipalities and counties where the environmental
contamination has affected, or threatens to affect, groundwater or surface water.
Current law limits the total amount that may be expended for this program to
$20,000,000. This bill reduces the amount that may be expended for the program by
the amount of any transfer from the environmental improvement fund to DERF.
This bill sets the present value of the Land Recycling Loan Program subsidies
that may be provided during the 2009-11 fiscal biennium at $2,700,000. Current law
provides that, in any fiscal biennium, an eligible applicant may not receive more than
25 percent of the present value of the subsidies established for that biennium. This
bill eliminates this funding cap.
Under current law, generators of hazardous waste generally must pay an
annual environmental repair fee consisting of a base fee plus $20 per ton of waste
with a maximum of $17,000. This bill increases the base fee from $210 to $350 for
generators of small quantities of hazardous waste and $470 for generators of large
quantities of hazardous waste and increases the maximum fee to $17,500. Current
law specifies that the environmental repair fee may not be assessed for certain
wastes, including wastes that are recovered for recycling or reuse. This bill provides
that it is the per ton fee, not the base fee, that may not be assessed for those wastes.
Current law authorizes DNR to take actions to prevent or remedy
environmental contamination in specified circumstances. In some cases the law
requires the person responsible for the contamination to reimburse DNR for the costs
that it incurs in taking these actions. This bill provides that when DNR authorizes
reimbursement for the costs of these actions to be paid over time, DNR must require
monthly payments of interest on the outstanding balance of the reimbursement.
Air quality
Currently, EPA delegates to DNR the authority to administer the federal Clean
Air Act in this state. The Clean Air Act requires persons who operate certain
stationary sources of air pollution, such as large factories, to have federal operation
permits. State law requires persons who operate certain other stationary sources of
air pollution to have state operation permits. Generally, current law requires a
person 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 persons 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 limits to prevent a source from being
required to have a federal operation permit is $3,475.
This bill eliminates the annual fee of $300 on the operator of a stationary source
of air pollution who is not required to have an operation permit but whose stationary
source emits more than three tons of certain air pollutants in a year.
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, or an unlimited term, for a state operation permit,
other than a simplified permit.
Current law authorizes DNR to establish fees for inspecting nonresidential
asbestos demolition and renovation projects. The fees may not exceed $400 for
projects up to a specified size or, for larger projects, $750. This bill increases the
maximum fees to $700 and $1,325 respectively.
The bill also authorizes DNR to charge additional fees for reviewing a revised
asbestos abatement, for inspecting property to be used for a community fire safety
training project, and for inspecting property for a project for which the property
owner failed to provide a required asbestos abatement notice to DNR before the
project was initiated.
Recycling
Under current law, DNR provides financial assistance to certain governmental
units and solid waste management systems (responsible units) that have solid waste
programs that DNR determines are effective recycling programs. A solid waste
program qualifies as an effective recycling program if it meets certain requirements,
including a requirement that the occupants of certain buildings in the region
separate recyclables from postconsumer waste (the materials separation
requirement). The solid waste program must also include a system for collecting
such materials from single-family residences in the region (the collection system
requirement). Current law also authorizes DNR to grant limited variances, under
which a responsible unit is exempt from certain requirements.
This bill authorizes DNR to grant certain additional variances to a responsible
unit. The bill provides that DNR must grant a variance with regard to the materials
separation requirement, as it applies to single-family residences and buildings
containing not more than four dwelling units, if at least 80 percent of those
residences and buildings comply with the materials separation requirement. The
bill also provides that if DNR requires a solid waste management program to provide
single-family residences and buildings containing not more than four dwelling units
with at least monthly curbside collection of recyclables, DNR must grant a variance
if the responsible unit provides at least monthly curbside collection of such materials
to at least 80 percent of these residences and buildings in the region.
Under current law, DNR awards grants to responsible units to improve the
efficiency of local recycling programs. Under current law, DNR also awards grants
to public or private entities to pay a portion of the costs of innovative projects for
recycling or reducing the amount of solid waste that is generated. This bill
eliminates both types of grants.
Other environment
Current law imposes several fees, often called tipping fees, that are based on
the weight of solid waste disposed of at a landfill or other waste disposal facility.
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. This bill
increases the environmental repair tipping fee to $5 per ton.
Currently, the recycling tipping fee is $4 per ton of solid waste, other than
certain kinds of high-volume industrial waste. This bill increases the recycling
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.
