AB40-ASA1,1204,108 287.23 (5p) (a) If a responsible unit submits its application under sub. (4) after
9October 1 but no later than October 10, the amount of the responsible unit's grant
10is 95% of the amount determined under sub. (5) or (5m) (5b).
AB40-ASA1,1204,1311 (b) If a responsible unit submits its application under sub. (4) after October 10
12but no later than October 20, the amount of the responsible unit's grant is 90% of the
13amount determined under sub. (5) or (5m) (5b).
AB40-ASA1,1204,1614 (c) If a responsible unit submits its application under sub. (4) after October 20
15but no later than October 30, the amount of the responsible unit's grant is 75% of the
16amount determined under sub. (5) or (5m) (5b).
AB40-ASA1, s. 2980p 17Section 2980p. 287.23 (6) (a) of the statutes is renumbered 287.23 (6) and
18amended to read:
AB40-ASA1,1204,2119 287.23 (6) Disbursement. Except as provided in par. (b), the The department
20shall disburse a grant to the applicant after approval, but no later than June 1 of the
21year for which the grant is made.
AB40-ASA1, s. 2980r 22Section 2980r. 287.23 (6) (b) of the statutes is repealed.
AB40-ASA1, s. 2981 23Section 2981. 287.235 of the statutes is repealed.
AB40-ASA1, s. 2981g 24Section 2981g. 287.24 of the statutes is created to read:
AB40-ASA1,1205,4
1287.24 Recycling consolidation grants. (1) In this section, "population"
2means the number of persons residing in a region, as determined by the department
3based upon the most recent decennial or special census or the most recent,
4subsequent population estimate under s. 16.96.
AB40-ASA1,1205,7 5(2) The department shall make a grant from the appropriation account under
6s. 20.370 (6) (bw) for a year to a responsible unit that has been determined under s.
7287.11 to have an effective recycling program if any of the following applies:
AB40-ASA1,1205,88 (a) The responsible unit is a county.
AB40-ASA1,1205,99 (b) The responsible unit is a federally recognized Indian tribe or band.
AB40-ASA1,1205,1110 (c) The responsible unit has a population of 25,000 or more and consists of one
11or more municipalities.
AB40-ASA1,1205,1312 (d) The responsible unit is not eligible under par. (a), (b), or (c) but one of the
13following applies:
AB40-ASA1,1205,1514 1. By October 1 in the year preceding the year for which the grant is made, the
15responsible unit consists of what had been at least 2 responsible units.
AB40-ASA1,1205,1916 2. By October 1 in the year preceding the year for which the grant is made, the
17responsible unit enters into a cooperative agreement with another responsible unit
18for the joint provision of at least one of the following elements of an effective recycling
19program:
AB40-ASA1,1205,2020 a. Performing comprehensive program planning.
AB40-ASA1,1205,2121 b. Collecting and transporting recyclable materials.
AB40-ASA1,1205,2222 c. Sorting recyclable materials at a materials recovery facility.
AB40-ASA1,1205,2423 d. Developing and distributing educational materials relating to waste
24reduction, reuse, and recycling.
AB40-ASA1,1206,3
1e. Carrying out a program of technical assistance to businesses and owners and
2occupants of multifamily dwellings to increase the availability and convenience of
3recycling.
AB40-ASA1,1206,44 f. Any other program element approved by the department.
AB40-ASA1,1206,6 5(3) Subject to sub. (4), the department shall determine the amount of a grant
6to a responsible unit under this section as follows:
AB40-ASA1,1206,87 (a) Divide the amount available under s. 20.370 (6) (bw) for the year by the total
8population of the responsible units eligible under sub. (2).
AB40-ASA1,1206,109 (b) Multiply the amount determined under par. (a) by the population of the
10responsible unit.
AB40-ASA1,1206,12 11(4) A grant under this section plus a grant under s. 287.23 may not exceed the
12allowable expenses under s. 287.23 (3) (b).
AB40-ASA1, s. 2982 13Section 2982. 287.25 of the statutes is repealed.
AB40-ASA1, s. 2983 14Section 2983. 287.26 of the statutes is repealed.
AB40-ASA1, s. 2984 15Section 2984. 287.31 (6) of the statutes is amended to read:
AB40-ASA1,1206,1816 287.31 (6) Use of revenues. The newspaper recycling fees collected under sub.
17(5) shall be deposited in the recycling and renewable energy environmental fund
18under s. 25.49.
AB40-ASA1, s. 2984n 19Section 2984n. 289.63 (6) (title) of the statutes is amended to read:
AB40-ASA1,1206,2120 289.63 (6) (title) Exemption from groundwater and well compensation fees;
21for certain materials used in operation of the facility.
AB40-ASA1, s. 2984p 22Section 2984p. 289.63 (6) of the statutes is renumbered 289.63 (6) (a).
AB40-ASA1, s. 2984r 23Section 2984r. 289.63 (6) (b) of the statutes is created to read:
AB40-ASA1,1206,2524 289.63 (6) (b) 1. In this paragraph, "natural disaster" means a severe natural
25or human-caused flood or a severe tornado, heavy rain, or storm.
AB40-ASA1,1207,3
12. Solid waste materials that are generated as the result of a natural disaster
2are not subject to the groundwater and well compensation fees imposed under sub.
3(1) if all of the following apply:
AB40-ASA1,1207,44 a. The natural disaster resulted in a federal or state disaster declaration.
AB40-ASA1,1207,65 b. The solid waste materials were generated within a municipality that was
6included in the federal or state disaster declaration.
AB40-ASA1,1207,97 c. The solid waste materials resulting from the natural disaster were disposed
8of in the solid waste disposal facility within 60 days after the occurrence of the
9natural disaster.
AB40-ASA1,1207,1210 d. The solid waste materials were removed as part of the disaster recovery
11effort and were segregated from other solid wastes when delivered to the solid waste
12disposal facility.
AB40-ASA1, s. 2984t 13Section 2984t. 289.64 (4) (title) of the statutes is amended to read:
AB40-ASA1,1207,1514 289.64 (4) (title) Exemption from solid waste facility siting board fee; for
15certain materials
used in operation of the facility .
AB40-ASA1, s. 2984v 16Section 2984v. 289.64 (4) of the statutes is renumbered 289.64 (4) (a).
AB40-ASA1, s. 2984x 17Section 2984x. 289.64 (4) (b) of the statutes is created to read:
AB40-ASA1,1207,1918 289.64 (4) (b) 1. In this paragraph, "natural disaster" means a severe natural
19or human-caused flood or a severe tornado, heavy rain, or storm.
AB40-ASA1,1207,2220 2. Solid waste materials that are generated as the result of a natural disaster
21are not subject to the solid waste facility siting board fee imposed under sub. (1) if
22all of the following apply:
AB40-ASA1,1207,2323 a. The natural disaster resulted in a federal or state disaster declaration.
AB40-ASA1,1207,2524 b. The solid waste materials were generated within a municipality that was
25included in the federal or state disaster declaration.
AB40-ASA1,1208,2
1c. The solid waste materials were disposed of in the solid waste disposal facility
2within 60 days after the occurrence of the natural disaster.
AB40-ASA1,1208,53 d. The solid waste materials were removed as part of the disaster recovery
4effort and were segregated from other solid wastes when delivered to the solid waste
5disposal facility.
AB40-ASA1, s. 2984z 6Section 2984z. 289.645 (4) (f) of the statutes is created to read:
AB40-ASA1,1208,87 289.645 (4) (f) 1. In this paragraph, "natural disaster" means a severe natural
8or human-caused flood or a severe tornado, heavy rain, or storm.
AB40-ASA1,1208,109 2. Solid waste materials that are generated as the result of a natural disaster
10are not subject to the recycling fee imposed under sub. (1) if all of the following apply:
AB40-ASA1,1208,1111 a. The natural disaster resulted in a federal or state disaster declaration.
AB40-ASA1,1208,1312 b. The solid waste materials were generated within a municipality that was
13included in the federal or state disaster declaration.
AB40-ASA1,1208,1514 c. The solid waste materials were disposed of in the solid waste disposal facility
15within 60 days after the occurrence of the natural disaster.
AB40-ASA1,1208,1816 d. The solid waste materials were removed as part of the disaster recovery
17effort and were segregated from other solid wastes when delivered to the solid waste
18disposal facility.
AB40-ASA1, s. 2985b 19Section 2985b. 289.645 (6) of the statutes is amended to read:
AB40-ASA1,1208,2120 289.645 (6) Use of recycling fees. The fees collected under sub. (2) shall be
21deposited in the recycling and renewable energy environmental fund.
AB40-ASA1, s. 2985f 22Section 2985f. 289.67 (1) (a) of the statutes is amended to read:
AB40-ASA1,1209,823 289.67 (1) (a) Imposition of fee. Except as provided under par. pars. (f) and (fm),
24a generator of solid or hazardous waste shall pay an environmental repair fee for
25each ton or equivalent volume of solid or hazardous waste which is disposed of at a

1licensed solid or hazardous waste disposal facility. If a person arranges for collection
2or disposal services on behalf of one or more generators, that person shall pay the
3environmental repair fee to the licensed solid or hazardous waste disposal facility or
4to any intermediate hauler used to transfer wastes from collection points to a
5licensed facility. An intermediate hauler who receives environmental repair fees
6under this paragraph shall pay the fees to the licensed solid or hazardous waste
7disposal facility. Tonnage or equivalent volume shall be calculated in the same
8manner as the calculation made for tonnage fees under s. 289.62 (1).
AB40-ASA1, s. 2985g 9Section 2985g. 289.67 (1) (fm) of the statutes is created to read:
AB40-ASA1,1209,1210 289.67 (1) (fm) Exemption from environmental repair fee; certain materials
11resulting from natural disasters.
1. In this paragraph, "natural disaster" means a
12severe natural or human-caused flood or a severe tornado, heavy rain, or storm.
AB40-ASA1,1209,1513 2. Solid waste materials that are generated as the result of a natural disaster
14are not subject to the environmental repair fee imposed under par. (a) if all of the
15following apply:
AB40-ASA1,1209,1616 a. The natural disaster resulted in a federal or state disaster declaration.
AB40-ASA1,1209,1817 b. The solid waste materials were generated within a municipality that was
18included in the federal or state disaster declaration.
AB40-ASA1,1209,2019 c. The solid waste materials were disposed of in the solid waste disposal facility
20within 60 days after the occurrence of the natural disaster.
AB40-ASA1,1209,2321 d. The solid waste materials were removed as part of the disaster recovery
22effort and were segregated from other solid wastes when delivered to the solid waste
23disposal facility.
AB40-ASA1, s. 2986 24Section 2986. 292.11 (2) (e) of the statutes is amended to read:
AB40-ASA1,1210,3
1292.11 (2) (e) The department shall report notifications that it receives under
2this subsection related to discharges from petroleum storage tanks, as defined in s.
3101.144 (1) (bm), to the department of commerce safety and professional services.
AB40-ASA1, s. 2987 4Section 2987. 292.11 (7) (d) 1m. b. of the statutes is amended to read:
AB40-ASA1,1210,85 292.11 (7) (d) 1m. b. An area designated by the local governmental unit if the
6area consists of 2 or more properties affected by a contiguous region of groundwater
7contamination or contains 2 or more properties that are brownfields, as defined in
8s. 560.13 238.13 (1) (a).
AB40-ASA1, s. 2988 9Section 2988. 292.12 (1) (a) of the statutes is amended to read:
AB40-ASA1,1210,1510 292.12 (1) (a) "Agency with administrative authority" means the department
11of agriculture, trade and consumer protection with respect to a site over which it has
12jurisdiction under s. 94.73 (2), the department of commerce safety and professional
13services
with respect to a site over which it has jurisdiction under s. 101.144 (2) (a),
14or the department of natural resources with respect to a site over which it has
15jurisdiction under s. 292.11 (7).
AB40-ASA1, s. 2989 16Section 2989. 292.255 of the statutes is amended to read:
AB40-ASA1,1210,21 17292.255 Report on brownfield efforts. The department of natural
18resources, the department of administration, and the department of commerce
19Wisconsin Economic Development Corporation shall submit a report evaluating the
20effectiveness of this state's efforts to remedy the contamination of, and to redevelop,
21brownfields, as defined in s. 560.13 238.13 (1) (a).
AB40-ASA1, s. 2990 22Section 2990. 292.33 (6) of the statutes is amended to read:
AB40-ASA1,1211,423 292.33 (6) Exception. A local governmental unit may not recover costs under
24this section for remedial activities conducted on a property or portion of a property
25with respect to a discharge after the department of natural resources, the

1department of commerce safety and professional services, or the department of
2agriculture, trade and consumer protection has indicated that no further remedial
3activities are necessary on the property or portion of the property with respect to the
4discharge.
AB40-ASA1, s. 2990r 5Section 2990r. 292.75 of the statutes is renumbered 238.133, and 238.133 (2),
6(3) (intro.), (4), (5) (intro.) and (c), (6) and (7), as renumbered, are amended to read:
AB40-ASA1,1211,107 238.133 (2) Duties of the department corporation. (a) The department
8corporation shall administer a program to award brownfield site assessment grants
9from the appropriation under s. 20.370 (6) (et) 20.192 (1) (s) to local governmental
10units for the purposes of conducting any of the eligible activities under sub. (3).
AB40-ASA1,1211,1311 (b) The department corporation may not award a grant to a local governmental
12unit under this section if that local governmental unit caused the environmental
13contamination that is the basis for the grant request.
AB40-ASA1,1211,1714 (c) The department corporation may only award grants under this section if the
15person that caused the environmental contamination that is the basis for the grant
16request is unknown, cannot be located or is financially unable to pay the cost of the
17eligible activities.
AB40-ASA1,1211,2118 (d) The department corporation shall promulgate rules establish criteria as
19necessary to administer the program. Rules promulgated by the department The
20corporation
under this paragraph may limit the total amount of funds that may be
21used to cover the costs of each category of eligible activity described in sub. (3).
AB40-ASA1,1211,23 22(3) Eligible activities. (intro.) The department corporation may award grants
23to local governmental units to cover the costs of the following activities:
AB40-ASA1,1212,3
1(4) Application for grant. The applicant shall submit an application on a form
2prescribed by the department corporation and shall include any information that the
3department corporation finds necessary to calculate the amount of a grant.
AB40-ASA1,1212,5 4(5) Grant criteria. (intro.) The department corporation shall consider the
5following criteria when determining whether to award a grant:
AB40-ASA1,1212,76 (c) Other criteria that the department corporation finds necessary to calculate
7the amount of a grant.
AB40-ASA1,1212,11 8(6) Limitation of grant. The total amount of all grants awarded to a local
9governmental unit in a fiscal year under this section shall be limited to an amount
10equal to 15% of the available funds appropriated under s. 20.370 (6) (et) 20.192 (1)
11(s)
for the fiscal year.
AB40-ASA1,1212,15 12(7) Matching funds. The department corporation may not distribute a grant
13unless the applicant contributes matching funds equal to 20% of the grant. Matching
14funds may be in the form of cash or in-kind contribution or both
that exceeds 67
15percent of eligible project costs
.
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