Amendment ASA1-AB40

AB40-ASA1,1202,8 287.07 (7) (f) The prohibitions in subs. (2) and (3) to (4) do not apply to the beneficial reuse of a material within a solid waste disposal facility if the beneficial reuse of the material is approved in the solid waste disposal facility's plan of operation under s. 289.30.

AB40-ASA1, s. 2972 Section 2972. 287.07 (7) (h) 1. (intro.) of the statutes is amended to read:

AB40-ASA1,1202,13 287.07 (7) (h) 1. (intro.) The department may grant a waiver or conditional waiver to a restriction under sub. (3) (c) or (h) or (4) (c) or (i) for plastics other than polyethylene terephthalate or high-density polyethylene if the department determines all of the following:

AB40-ASA1, s. 2977b Section 2977b. 287.11 (1) of the statutes is amended to read:

AB40-ASA1,1202,20 287.11 (1) Department review. Upon request of a responsible unit or an out-of-state unit, the department shall review documentation of the responsible unit's solid waste management program created under s. 287.09 (2) (a) or the out-of-state unit's solid waste management program and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation.

AB40-ASA1, s. 2977d Section 2977d. 287.11 (2e) of the statutes is repealed.

AB40-ASA1, s. 2977f Section 2977f. 287.11 (2m) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1203,3 287.11 (2m) (b) (intro.) The department shall, at the request of a responsible unit or out-of-state unit that has been determined to have an effective recycling program under this section, grant a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible unit's or out-of-state unit's region if the department determines that the cost of selling processed material exceeds any of the following:

AB40-ASA1, s. 2977h Section 2977h. 287.11 (2m) (c) of the statutes is amended to read:

AB40-ASA1,1203,11 287.11 (2m) (c) The department may on its own initiative grant, to one or more responsible units or out-of-state units that have been determined to have effective recycling programs under this section, a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible units' or out-of-state units' regions if the department determines that the cost of selling processed material exceeds the amount under par. (b) 1. or 2.

AB40-ASA1, s. 2977j Section 2977j. 287.11 (2p) (c) of the statutes is amended to read:

AB40-ASA1,1203,15 287.11 (2p) (c) The department may grant a responsible unit or an out-of-state unit an exception to an applicable requirement in sub. (2) (b) or (er) for up to one year for a material that is subject to an exception under s. 287.07 (7) (d).

AB40-ASA1, s. 2977L Section 2977L. 287.11 (3) of the statutes is amended to read:

AB40-ASA1,1203,18 287.11 (3) List. The department shall prepare and periodically update a list of responsible units and out-of-state units that have an effective recycling program.

AB40-ASA1, s. 2977n Section 2977n. 287.11 (4) of the statutes is repealed.

AB40-ASA1, s. 2977p Section 2977p. 287.17 (1) (np) of the statutes is amended to read:

AB40-ASA1,1203,24 287.17 (1) (np) "School" means a public school, as defined in s. 115.01 (1), a private school participating in the program under s. 118.60, a private school participating in the program under s. 118.62, or a private school participating in the program under s. 119.23.

AB40-ASA1, s. 2980b Section 2980b. 287.23 (1) (c) of the statutes is repealed.

AB40-ASA1, s. 2980c Section 2980c. 287.23 (1m) of the statutes is repealed.

AB40-ASA1, s. 2980d Section 2980d. 287.23 (3) (a) of the statutes is repealed.

AB40-ASA1, s. 2980f Section 2980f. 287.23 (3) (ac) of the statutes is repealed.

AB40-ASA1, s. 2980h Section 2980h. 287.23 (5) of the statutes is repealed.

AB40-ASA1, s. 2980j Section 2980j. 287.23 (5e) of the statutes is repealed.

AB40-ASA1, s. 2980L Section 2980L. 287.23 (5m) of the statutes is repealed.

AB40-ASA1, s. 2980n Section 2980n. 287.23 (5p) (a) to (c) of the statutes are amended to read:

AB40-ASA1,1204,10 287.23 (5p) (a) If a responsible unit submits its application under sub. (4) after October 1 but no later than October 10, the amount of the responsible unit's grant is 95% of the amount determined under sub. (5) or (5m) (5b).

AB40-ASA1,1204,13 (b) If a responsible unit submits its application under sub. (4) after October 10 but no later than October 20, the amount of the responsible unit's grant is 90% of the amount determined under sub. (5) or (5m) (5b).

AB40-ASA1,1204,16 (c) If a responsible unit submits its application under sub. (4) after October 20 but no later than October 30, the amount of the responsible unit's grant is 75% of the amount determined under sub. (5) or (5m) (5b).

AB40-ASA1, s. 2980p Section 2980p. 287.23 (6) (a) of the statutes is renumbered 287.23 (6) and amended to read:

AB40-ASA1,1204,21 287.23 (6) Disbursement. Except as provided in par. (b), the The department shall disburse a grant to the applicant after approval, but no later than June 1 of the year for which the grant is made.

AB40-ASA1, s. 2980r Section 2980r. 287.23 (6) (b) of the statutes is repealed.

AB40-ASA1, s. 2981 Section 2981. 287.235 of the statutes is repealed.

AB40-ASA1, s. 2981g Section 2981g. 287.24 of the statutes is created to read:

AB40-ASA1,1205,4 287.24 Recycling consolidation grants. (1) In this section, "population" means the number of persons residing in a region, as determined by the department based upon the most recent decennial or special census or the most recent, subsequent population estimate under s. 16.96.

AB40-ASA1,1205,7 (2) The department shall make a grant from the appropriation account under s. 20.370 (6) (bw) for a year to a responsible unit that has been determined under s. 287.11 to have an effective recycling program if any of the following applies:

AB40-ASA1,1205,8 (a) The responsible unit is a county.

AB40-ASA1,1205,9 (b) The responsible unit is a federally recognized Indian tribe or band.

AB40-ASA1,1205,11 (c) The responsible unit has a population of 25,000 or more and consists of one or more municipalities.

AB40-ASA1,1205,13 (d) The responsible unit is not eligible under par. (a), (b), or (c) but one of the following applies:

AB40-ASA1,1205,15 1. By October 1 in the year preceding the year for which the grant is made, the responsible unit consists of what had been at least 2 responsible units.

AB40-ASA1,1205,19 2. By October 1 in the year preceding the year for which the grant is made, the responsible unit enters into a cooperative agreement with another responsible unit for the joint provision of at least one of the following elements of an effective recycling program:

AB40-ASA1,1205,20 a. Performing comprehensive program planning.

AB40-ASA1,1205,21 b. Collecting and transporting recyclable materials.

AB40-ASA1,1205,22 c. Sorting recyclable materials at a materials recovery facility.

AB40-ASA1,1205,24 d. Developing and distributing educational materials relating to waste reduction, reuse, and recycling.

AB40-ASA1,1206,3 e. Carrying out a program of technical assistance to businesses and owners and occupants of multifamily dwellings to increase the availability and convenience of recycling.

AB40-ASA1,1206,4 f. Any other program element approved by the department.

AB40-ASA1,1206,6 (3) Subject to sub. (4), the department shall determine the amount of a grant to a responsible unit under this section as follows:

AB40-ASA1,1206,8 (a) Divide the amount available under s. 20.370 (6) (bw) for the year by the total population of the responsible units eligible under sub. (2).

AB40-ASA1,1206,10 (b) Multiply the amount determined under par. (a) by the population of the responsible unit.

AB40-ASA1,1206,12 (4) A grant under this section plus a grant under s. 287.23 may not exceed the allowable expenses under s. 287.23 (3) (b).

AB40-ASA1, s. 2982 Section 2982. 287.25 of the statutes is repealed.

AB40-ASA1, s. 2983 Section 2983. 287.26 of the statutes is repealed.

AB40-ASA1, s. 2984 Section 2984. 287.31 (6) of the statutes is amended to read:

AB40-ASA1,1206,18 287.31 (6) Use of revenues. The newspaper recycling fees collected under sub. (5) shall be deposited in the recycling and renewable energy environmental fund under s. 25.49.

AB40-ASA1, s. 2984n Section 2984n. 289.63 (6) (title) of the statutes is amended to read:

AB40-ASA1,1206,21 289.63 (6) (title) Exemption from groundwater and well compensation fees; for certain materials used in operation of the facility.

AB40-ASA1, s. 2984p Section 2984p. 289.63 (6) of the statutes is renumbered 289.63 (6) (a).

AB40-ASA1, s. 2984r Section 2984r. 289.63 (6) (b) of the statutes is created to read:

AB40-ASA1,1206,25 289.63 (6) (b) 1. In this paragraph, "natural disaster" means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm.

AB40-ASA1,1207,3 2. Solid waste materials that are generated as the result of a natural disaster are not subject to the groundwater and well compensation fees imposed under sub. (1) if all of the following apply:

AB40-ASA1,1207,4 a. The natural disaster resulted in a federal or state disaster declaration.

AB40-ASA1,1207,6 b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration.

AB40-ASA1,1207,9 c. The solid waste materials resulting from the natural disaster were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster.

AB40-ASA1,1207,12 d. The solid waste materials were removed as part of the disaster recovery effort and were segregated from other solid wastes when delivered to the solid waste disposal facility.

AB40-ASA1, s. 2984t Section 2984t. 289.64 (4) (title) of the statutes is amended to read:

AB40-ASA1,1207,15 289.64 (4) (title) Exemption from solid waste facility siting board fee; for certain materials used in operation of the facility .

AB40-ASA1, s. 2984v Section 2984v. 289.64 (4) of the statutes is renumbered 289.64 (4) (a).

AB40-ASA1, s. 2984x Section 2984x. 289.64 (4) (b) of the statutes is created to read:

AB40-ASA1,1207,19 289.64 (4) (b) 1. In this paragraph, "natural disaster" means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm.

AB40-ASA1,1207,22 2. Solid waste materials that are generated as the result of a natural disaster are not subject to the solid waste facility siting board fee imposed under sub. (1) if all of the following apply:

AB40-ASA1,1207,23 a. The natural disaster resulted in a federal or state disaster declaration.

AB40-ASA1,1207,25 b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration.

AB40-ASA1,1208,2 c. The solid waste materials were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster.

AB40-ASA1,1208,5 d. The solid waste materials were removed as part of the disaster recovery effort and were segregated from other solid wastes when delivered to the solid waste disposal facility.

AB40-ASA1, s. 2984z Section 2984z. 289.645 (4) (f) of the statutes is created to read:

AB40-ASA1,1208,8 289.645 (4) (f) 1. In this paragraph, "natural disaster" means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm.

AB40-ASA1,1208,10 2. Solid waste materials that are generated as the result of a natural disaster are not subject to the recycling fee imposed under sub. (1) if all of the following apply:

AB40-ASA1,1208,11 a. The natural disaster resulted in a federal or state disaster declaration.

AB40-ASA1,1208,13 b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration.

AB40-ASA1,1208,15 c. The solid waste materials were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster.

AB40-ASA1,1208,18 d. The solid waste materials were removed as part of the disaster recovery effort and were segregated from other solid wastes when delivered to the solid waste disposal facility.

AB40-ASA1, s. 2985b Section 2985b. 289.645 (6) of the statutes is amended to read:

AB40-ASA1,1208,21 289.645 (6) Use of recycling fees. The fees collected under sub. (2) shall be deposited in the recycling and renewable energy environmental fund.

AB40-ASA1, s. 2985f Section 2985f. 289.67 (1) (a) of the statutes is amended to read:

AB40-ASA1,1209,8 289.67 (1) (a) Imposition of fee. Except as provided under par. pars. (f) and (fm), a generator of solid or hazardous waste shall pay an environmental repair fee for each ton or equivalent volume of solid or hazardous waste which is disposed of at a licensed solid or hazardous waste disposal facility. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the environmental repair fee to the licensed solid or hazardous waste disposal facility or to any intermediate hauler used to transfer wastes from collection points to a licensed facility. An intermediate hauler who receives environmental repair fees under this paragraph shall pay the fees to the licensed solid or hazardous waste disposal facility. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

AB40-ASA1, s. 2985g Section 2985g. 289.67 (1) (fm) of the statutes is created to read:

AB40-ASA1,1209,12 289.67 (1) (fm) Exemption from environmental repair fee; certain materials resulting from natural disasters. 1. In this paragraph, "natural disaster" means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm.

AB40-ASA1,1209,15 2. Solid waste materials that are generated as the result of a natural disaster are not subject to the environmental repair fee imposed under par. (a) if all of the following apply: