AB40, s. 2960
10Section
2960. 287.03 (1) (f) of the statutes is repealed.
AB40, s. 2961
11Section
2961. 287.07 (3) (intro.) of the statutes is renumbered 287.07 (3) and
12amended to read:
AB40,1093,1613
287.07
(3) General disposal restrictions Waste tires. Beginning on January
141, 1995, no person may dispose of
a waste tire, as defined in s. 289.55 (1) (c), in a solid
15waste disposal facility or burn
a waste tire without energy recovery in a solid waste
16treatment facility in this state
any of the following:
.
AB40, s. 2962
17Section
2962. 287.07 (3) (a) to (k) of the statutes are repealed.
AB40, s. 2963
18Section
2963. 287.07 (4) (intro.) of the statutes is amended to read:
AB40,1093,2319
287.07
(4) General incineration disposal restrictions.
Beginning on January
201, 1995, no person No individual may
convert place in a container the contents of
21which will be disposed of in a solid waste disposal facility, converted into fuel
, or
burn
22with energy recovery burned at a solid waste treatment facility in this state any of
23the following:
AB40, s. 2964
24Section
2964. 287.07 (7) (a) of the statutes is repealed.
AB40, s. 2965
25Section
2965. 287.07 (7) (b) 2. of the statutes is amended to read:
AB40,1094,7
1287.07
(7) (b) 2. A prohibition in sub.
(3) (b), (c), (e), (f), (g), (h) or (j) or (4) (b),
2(c), (f), (g), (h) or (i) does not apply to a person who converts into fuel or burns at an
3operating solid waste treatment facility a type of material identified in one of those
4paragraphs that was converted into fuel or burned at the operating solid waste
5treatment facility during April, 1990, and either is generated in the operating solid
6waste treatment facility's current service area or is generated by the owner of the
7operating solid waste treatment facility.
AB40, s. 2966
8Section
2966. 287.07 (7) (c) 1. cg. of the statutes is amended to read:
AB40,1094,119
287.07
(7) (c) 1. cg. "Medical waste" means containers, packages and materials
10identified under sub.
(3) or (4) that contain infectious waste or that are from a
11treatment area and are mixed with infectious waste.
AB40, s. 2967
12Section
2967. 287.07 (7) (c) 2. (intro.) of the statutes is amended to read:
AB40,1094,1413
287.07
(7) (c) 2. (intro.) The prohibitions in
subs. (3) and sub. (4) do not apply
14with respect to any of the following:
AB40, s. 2968
15Section
2968. 287.07 (7) (c) 2. b. of the statutes is amended to read:
AB40,1094,2016
287.07
(7) (c) 2. b. The disposal of, in a solid waste disposal facility, a container,
17package or material identified under sub.
(3) or (4) that contained infectious waste
18or that is from a treatment area and is mixed with infectious waste generated in the
19treatment area, if the container, package or material has been treated, pursuant to
20standards established under ch. 289, to render the infectious waste noninfectious.
AB40, s. 2969
21Section
2969. 287.07 (7) (d) of the statutes is repealed.
AB40, s. 2970
22Section
2970. 287.07 (7) (f) of the statutes is amended to read:
AB40,1095,223
287.07
(7) (f) The prohibitions in subs. (2)
and (3) to (4) do not apply to the
24beneficial reuse of a material within a solid waste disposal facility if the beneficial
1reuse of the material is approved in the solid waste disposal facility's plan of
2operation under s. 289.30.
AB40, s. 2971
3Section
2971. 287.07 (7) (g) of the statutes is repealed and recreated to read:
AB40,1095,54
287.07
(7) (g) A prohibition in sub. (4) does not apply to a material that has been
5contaminated and cannot feasibly be cleaned for recycling.
AB40, s. 2972
6Section
2972. 287.07 (7) (h) 1. (intro.) of the statutes is amended to read:
AB40,1095,107
287.07
(7) (h) 1. (intro.) The department may
grant issue a waiver or
8conditional waiver to a restriction under sub.
(3) (c) or (h) or (4) (c) or (i) for plastics
9other than polyethylene terephthalate or high-density polyethylene if the
10department determines all of the following:
AB40, s. 2973
11Section
2973. 287.09 of the statutes is repealed.
AB40, s. 2974
12Section
2974. 287.093 of the statutes is repealed.
AB40, s. 2975
13Section
2975. 287.095 of the statutes is amended to read:
AB40,1095,17
14287.095 Responsible unit Local official liability. (1) Definition. In this
15section, "
responsible unit local official" means any officer, official, agent
, or employee
16of a
responsible unit municipality or county engaged in the planning, management,
17operation
, or approval of a recycling program or recycling site or facility.
AB40,1095,21
18(2) Exemption from liability. No
responsible unit local official is liable for civil
19damages as a result of good faith actions taken by the
responsible unit official within
20the scope of duties relating to the
responsible unit's
municipal or county recycling
21program or recycling site or facility.
AB40, s. 2976
22Section
2976. 287.10 of the statutes is repealed.
AB40, s. 2977
23Section
2977. 287.11 of the statutes is repealed.
AB40, s. 2978
24Section
2978. 287.19 (1) (b) (intro.) of the statutes is amended to read:
AB40,1096,2
1287.19
(1) (b)
Recycling programs. (intro.) With respect to
local recycling 2programs
created under s. 287.09 (2) (a):
AB40, s. 2979
3Section
2979. 287.21 (intro.) of the statutes is amended to read:
AB40,1096,12
4287.21 Statewide education program. (intro.) The department shall
5collect, prepare and disseminate information and conduct educational and training
6programs designed to assist in the implementation of solid waste management
7programs under ss. 287.01 to 287.31, enhance municipal and county solid waste
8management programs
under s. 287.09 (2) (a) and inform the public of the
9relationship among an individual's consumption of goods and services, the
10generation of different types and quantities of solid waste and the implementation
11of the solid waste management priorities in s. 287.05 (12). The department shall
12prepare the information and programs on a statewide basis for the following groups:
AB40, s. 2980
13Section
2980. 287.23 of the statutes is repealed.
AB40, s. 2981
14Section
2981. 287.235 of the statutes is repealed.
AB40, s. 2982
15Section
2982. 287.25 of the statutes is repealed.
AB40, s. 2983
16Section
2983. 287.26 of the statutes is repealed.
AB40, s. 2984
17Section
2984. 287.31 (6) of the statutes is amended to read:
AB40,1096,2018
287.31
(6) Use of revenues. The newspaper recycling fees collected under sub.
19(5) shall be deposited in the
recycling and renewable energy environmental fund
20under s. 25.49.
AB40, s. 2985
21Section
2985. 289.645 (6) of the statutes is amended to read:
AB40,1096,2422
289.645
(6) Use of recycling fees.
The Of the fees collected under sub. (2),
$4
23per ton shall be deposited in the
recycling and renewable energy economic
24development fund and $3 per ton shall be deposited in the environmental fund.
AB40, s. 2986
25Section
2986. 292.11 (2) (e) of the statutes is amended to read:
AB40,1097,3
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, s. 2987
4Section
2987. 292.11 (7) (d) 1m. b. of the statutes is amended to read:
AB40,1097,85
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, s. 2988
9Section
2988. 292.12 (1) (a) of the statutes is amended to read:
AB40,1097,1510
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, s. 2989
16Section
2989. 292.255 of the statutes is amended to read:
AB40,1097,21
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, s. 2990
22Section
2990. 292.33 (6) of the statutes is amended to read:
AB40,1098,423
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, s. 2991
5Section
2991. 292.79 (1) (a) of the statutes is amended to read:
AB40,1098,66
292.79
(1) (a) "Brownfields" has the meaning given in s.
560.13 238.13 (1) (a).
AB40, s. 2992
7Section
2992. 293.11 of the statutes is amended to read:
AB40,1098,19
8293.11 Mine effect responsibility. The department shall serve as the central
9unit of state government to ensure that the air, lands, waters, plants, fish and
10wildlife affected by prospecting or mining in this state will receive the greatest
11practicable degree of protection and reclamation. The administration of
12occupational health and safety laws and rules that apply to mining shall remain
13exclusively the responsibility of the department of
commerce safety and professional
14services. The powers and duties of the geological and natural history survey under
15s. 36.25 (6) shall remain exclusively the responsibility of the geological and natural
16history survey. Nothing in this section prevents the department of
commerce safety
17and professional services and the geological and natural history survey from
18cooperating with the department in the exercise of their respective powers and
19duties.
AB40, s. 2993
20Section
2993. 299.13 (1m) (intro.) of the statutes is amended to read:
AB40,1098,2421
299.13
(1m) Promotion of pollution prevention. (intro.) In carrying out the
22duties under this section and
ss. s. 36.25 (30)
and 560.19, the department
, the
23department of commerce and the center shall promote all of the following techniques
24for pollution prevention:
AB40, s. 2994
25Section
2994. 299.83 (8) (f) of the statutes is amended to read:
AB40,1099,6
1299.83
(8) (f) The department and the department of
commerce safety and
2professional services shall jointly provide information about participation contracts
3and environmental management systems to potential participants in the program
4and to other interested persons. The department shall consult with the department
5of
commerce safety and professional services about the administration of the
6program.
AB40, s. 2995
7Section
2995. 301.03 (3) of the statutes is amended to read:
AB40,1099,218
301.03
(3) Administer parole, extended supervision, and probation matters,
9except that the decision to grant or deny parole
or to grant extended supervision
10under s. 304.06 (1) to inmates shall be made by the
earned release review parole 11commission and the decision to revoke probation, extended supervision
, or parole in
12cases in which there is no waiver of the right to a hearing shall be made by the
13division of hearings and appeals in the department of administration. The secretary
14may grant special action parole releases under s. 304.02.
The department may
15discharge inmates from extended supervision under s. 973.01 (4m) and may modify
16a bifurcated sentence under s. 302.113 (9h), and the earned release review 17commission may modify a sentence under s. 302.1135. The department shall
18promulgate rules establishing a drug testing program for probationers, parolees and
19persons placed on extended supervision. The rules shall provide for assessment of
20fees upon probationers, parolees and persons placed on extended supervision to
21partially offset the costs of the program.
AB40, s. 2996
22Section
2996. 301.048 (2) (am) 3. of the statutes is amended to read:
AB40,1099,2523
301.048
(2) (am) 3. The
earned release review parole commission grants him
24or her parole under s. 304.06 and requires his or her participation in the program as
25a condition of parole under s. 304.06 (1x).
AB40, s. 2997
1Section
2997. 301.21 (1m) (c) of the statutes is amended to read:
AB40,1100,52
301.21
(1m) (c) Any hearing to consider parole
or whether to grant extended
3supervision, if the inmate is sentenced under s. 973.01 to which an inmate confined
4under this contract may be entitled by the laws of Wisconsin will be conducted by the
5Wisconsin
earned release review parole commission under rules of the department.
AB40, s. 2998
6Section
2998. 301.21 (2m) (c) of the statutes is amended to read:
AB40,1100,117
301.21
(2m) (c) Any hearing to consider parole
or whether to grant extended
8supervision, if the prisoner is sentenced under s. 973.01 to which a prisoner confined
9under a contract under this subsection may be entitled by the laws of Wisconsin shall
10be conducted by the Wisconsin
earned release review
parole commission under rules
11of the department.
AB40, s. 2999
12Section
2999. 301.26 (3) (c) of the statutes is amended to read:
AB40,1100,1513
301.26
(3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd)
,
14(ko), and (o) and (ko), the department shall allocate funds to each county for services
15under this section.
AB40, s. 3000
16Section
3000. 301.26 (4) (b) of the statutes is amended to read:
AB40,1101,617
301.26
(4) (b) Assessment of costs under par. (a) shall be made periodically on
18the basis of the per person per day cost estimate specified in par. (d) 2.
and, 3.
, and
194. Except as provided in pars. (bm), (c), and (cm), liability shall apply to county
20departments under s. 46.21, 46.22, or 46.23 in the county of the court exercising
21jurisdiction under chs. 48 and 938 for each person receiving services from the
22department of corrections under s. 48.366, 938.183, or 938.34 or the department of
23health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and
24(cm), in multicounty court jurisdictions, the county of residency within the
25jurisdiction shall be liable for costs under this subsection. Assessment of costs under
1par. (a) shall also be made according to the general placement type or level of care
2provided, as defined by the department, and prorated according to the ratio of the
3amount designated under sub. (3) (c) to the total applicable estimated costs of care,
4services, and supplies provided by the department of corrections under ss. 48.366,
5938.183, and 938.34 and the department of health services under s. 46.057 or 51.35
6(3).
AB40, s. 3001
7Section
3001. 301.26 (4) (cm) 3. of the statutes is amended to read:
AB40,1101,118
301.26
(4) (cm) 3. The per person daily reimbursement rate for juvenile
9correctional services under this paragraph shall be equal to the per person daily cost
10assessment to counties under par. (d) 2.
and, 3.
, and 4. for juvenile correctional
11services.
AB40, s. 3002
12Section
3002. 301.26 (4) (ct) of the statutes is created to read:
AB40,1101,2313
301.26
(4) (ct) 1. Subject to subd. 2. and notwithstanding ss. 16.50 (2), 16.52,
1420.002 (11), and 20.903, if there is a deficit in the appropriation account under s.
1520.410 (3) (hm) at the close of a fiscal year, any unencumbered balance in the
16appropriation account under s. 20.410 (3) (ho) at the close of that fiscal year, less the
17amounts required by s. 20.410 (3) (ho) to be remitted to counties or transferred to the
18appropriation account under s. 20.410 (3) (kx), and any unencumbered balance in the
19appropriation account under s. 20.410 (3) (hr) at the close of that fiscal year, shall be
20transferred to the appropriation account under s. 20.410 (3) (hm), up to the amount
21that when added to other amounts credited to that appropriation account in that
22fiscal year equals the amount shown in the schedule under s. 20.005 (3) for that
23appropriation account for that fiscal year.
AB40,1102,524
2. The total amount transferred at the end of a fiscal year under subd. 1. may
25not exceed the amount of the deficit in the appropriation account under s. 20.410 (3)
1(hm) for that fiscal year, and if that deficit is less than the total amount of the
2unencumbered balances available for transfer under subd. 1., the amount
3transferred from the appropriation accounts under s. 20.410 (3) (ho) and (hr) shall
4be in proportion to the respective unencumbered balance available for transfer from
5each of those appropriation accounts.
AB40, s. 3003
6Section
3003. 301.26 (4) (d) 2. of the statutes is amended to read:
AB40,1102,157
301.26
(4) (d) 2. Beginning on
January
July 1,
2010 2011, and ending on June
830,
2010 2012, the per person daily cost assessment to counties shall be
$270 $284 9for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19),
$270 10$284 for care for juveniles transferred from a juvenile correctional institution under
11s. 51.35 (3),
$298 for care in a residential care center for children and youth, $190 for
12care in a group home for children, $72 for care in a foster home, $124 for care in a
13treatment foster home under rules promulgated under s. 48.62 (8) (c), $101 $99 for
14departmental corrective sanctions services, and $40 for departmental aftercare
15services.
AB40, s. 3004
16Section
3004. 301.26 (4) (d) 3. of the statutes is amended to read:
AB40,1102,2517
301.26
(4) (d) 3. Beginning on July 1,
2010 2012, and ending on June 30,
2011 182013, the per person daily cost assessment to counties shall be
$275 $289 for care in
19a Type 1 juvenile correctional facility, as defined in s. 938.02 (19),
$275 $289 for care
20for juveniles transferred from a juvenile correctional institution under s. 51.35 (3),
21$313 for care in a residential care center for children and youth, $200 for care in a
22group home for children, $75 for care in a foster home, $130 for care in a treatment
23foster home under rules promulgated under s. 48.62 (8) (c), $103
$100 for
24departmental corrective sanctions services, and
$41
$40 for departmental aftercare
25services.
AB40, s. 3005
1Section
3005. 301.26 (4) (d) 4. of the statutes is created to read:
AB40,1103,52
301.26
(4) (d) 4. The per person daily cost assessment to counties for care in a
3foster home, group home, or residential care center for children and youth shall be
4an amount equal to the amount the provider charges the department for that care
5as authorized by the department of children and families.
AB40, s. 3006
6Section
3006. 301.26 (6) (a) of the statutes is amended to read:
AB40,1103,107
301.26
(6) (a) The intent of this subsection is to develop criteria to assist the
8legislature in allocating funding, excluding funding for base allocations, from the
9appropriations under s. 20.410 (3) (cd)
, (ko), and (o)
and (ko) for purposes described
10in this section.
AB40, s. 3007
11Section
3007. 301.26 (7) (intro.) of the statutes is amended to read:
AB40,1103,1712
301.26
(7) Allocations of funds. (intro.) Within the limits of the availability
13of federal funds and of the appropriations under s. 20.410 (3) (cd)
, (ko), and (o) and
14(ko), the department shall allocate funds for community youth and family aids for the
15period beginning on July 1,
2009 2011, and ending on June 30,
2011 2013, as
16provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23
17as follows:
AB40, s. 3008
18Section
3008. 301.26 (7) (a) of the statutes is amended to read:
AB40,1103,2219
301.26
(7) (a) For community youth and family aids under this section,
20amounts not to exceed
$50,395,100 $45,478,000 for the last 6 months of
2009 2011,
21$100,790,200 $90,956,100 for
2010 2012, and
$50,395,100 $45,478,100 for the first
226 months of
2011 2013.
AB40, s. 3009
23Section
3009. 301.26 (7) (b) (intro.) of the statutes is amended to read: