Amendment ASA1-AB40

AB40-ASA1,2073 Section 2073. 238.30 (2m) (b) 2. of the statutes is created to read:

AB40-ASA1,1111,18 238.30 (2m) (b) 2. An individual in the position is offered retirement, health, and other benefits that are equivalent to the retirement, health, and other benefits offered to an individual who is required to work at least 2,080 hours per year.

AB40-ASA1,2074 Section 2074. 238.30 (4m) of the statutes is amended to read:

AB40-ASA1,1112,7 238.30 (4m) "Member of a targeted group" means a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position, a person who is employed in a trial job, as defined in s. 49.141 (1) (n), 2011 stats., or in a real work, real pay project position under s. 49.147 (3m) trial employment match program job, as defined in s. 49.141 (1) (n), a person who is eligible for child care assistance under s. 49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a dislocated worker, as defined in 29 USC 2801 (9), or a food stamp recipient, if the person has been certified in the manner under 26 USC 51 (d) (13) (A) by a designated local agency, as defined in 26 USC 51 (d) (12).

AB40-ASA1,2075 Section 2075. 238.303 (1) (a) of the statutes is amended to read:

AB40-ASA1,1112,15 238.303 (1) (a) Except as provided in pars. (am) and (b), and subject to a reallocation by the corporation pursuant to rules adopted under s. 238.15 (3) (d), the total tax benefits available to be allocated by the corporation under ss. 238.301 to 238.306 may not exceed the sum of the tax benefits remaining to be allocated under s. 560.71 to 560.785, 2009 stats., s. 560.797, 2009 stats., s. 560.798, 2009 stats., s. 560.7995, 2009 stats., and s. 560.96, 2009 stats., on March 6, 2009, plus $25,000,000 $100,000,000.

AB40-ASA1,2075m Section 2075m. 238.303 (1) (am) of the statutes is amended to read:

AB40-ASA1,1113,5 238.303 (1) (am) The corporation may initially allocate only $61,000,000 of the additional $100,000,000 in tax benefits specified in par. (a). Before the corporation allocates the additional $25,000,000 remaining $39,000,000 in tax benefits specified in par. (a), the corporation shall submit its plan for such allocation , including a report that describes the intended use of the tax benefits, to the joint committee on finance. If the cochairpersons of the committee do not notify the corporation within 14 working days after the date of the corporation's submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented and the additional remaining amount may be allocated as proposed by the corporation. If, within 14 working days after the date of the corporation's submittal, the cochairpersons of the committee notify the corporation that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the plan may be implemented and the additional remaining amount allocated only upon approval of the committee.

AB40-ASA1,2077 Section 2077. 238.399 (1) (am) 2. of the statutes is renumbered 238.399 (1) (am) 2. (intro.) and amended to read:

AB40-ASA1,1113,13 238.399 (1) (am) 2. (intro.) The corporation may by rule specify circumstances under which the corporation may grant exceptions to the requirement under subd. 1. that a full-time employee means an individual who, as a condition of employment, is required to work at least 2,080 hours per year, but under no circumstances may a full-time employee mean an individual who, as a condition of employment, is required to work less than 37.5 hours per week. if all of the following apply:

AB40-ASA1,2078 Section 2078. 238.399 (1) (am) 2. a. of the statutes is created to read:

AB40-ASA1,1113,17 238.399 (1) (am) 2. a. The individual is employed in a job for which the annual pay is more than the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage.

AB40-ASA1,2079 Section 2079. 238.399 (1) (am) 2. b. of the statutes is created to read:

AB40-ASA1,1113,21 238.399 (1) (am) 2. b. The individual is offered retirement, health, and other benefits that are equivalent to the retirement, health, and other benefits offered to an individual who is required to work at least 2,080 hours per year.

AB40-ASA1,2080 Section 2080. 238.399 (5) (c) 2. (intro.) of the statutes is amended to read:

AB40-ASA1,1113,24 238.399 (5) (c) 2. (intro.) The business makes a significant capital investment in property located in the enterprise zone and all of the following apply:

AB40-ASA1,2081 Section 2081. 238.399 (5) (c) 2. a. of the statutes is repealed.

AB40-ASA1,2082 Section 2082. 238.399 (5) (d) 1. of the statutes is amended to read:

AB40-ASA1,1114,3 238.399 (5) (d) 1. The business is an original equipment a manufacturer with a significant supply chain in the state, as determined by the corporation by rule.

AB40-ASA1,2083 Section 2083. 238.399 (6) (d) of the statutes is amended to read:

AB40-ASA1,1114,8 238.399 (6) (d) The corporation may require a business to repay any tax benefits the business claims for a year in which the business failed to maintain employment or capital investment levels or a significant capital investment in property required by an agreement under sub. (5) (c).

AB40-ASA1,2084 Section 2084. 238.399 (6) (g) (intro.) of the statutes is amended to read:

AB40-ASA1,1114,11 238.399 (6) (g) (intro.) The corporation shall adopt rules policies and procedures specifying all of the following:

AB40-ASA1,2085 Section 2085. 238.399 (6) (g) 2. of the statutes is repealed.

AB40-ASA1,2086 Section 2086. 238.399 (6) (g) 2m. of the statutes is created to read:

AB40-ASA1,1114,15 238.399 (6) (g) 2m. The definition of "significant capital investment" for purposes of sub. (5).

AB40-ASA1,2086s Section 2086s. 252.12 (2) (a) 8. (intro.) of the statutes is amended to read:

AB40-ASA1,1115,7 252.12 (2) (a) 8. `Mike Johnson life care and early intervention services grants.' (intro.) The department shall award not more than $3,569,900 in each fiscal year in grants to applying organizations for the provision of needs assessments; assistance in procuring financial, medical, legal, social and pastoral services; counseling and therapy; homecare services and supplies; advocacy; and case management services. These services shall include early intervention services. The department shall also award not more than $74,000 in each year from the appropriation account under s. 20.435 (5) (md) for the services under this subdivision. The state share of payment for case management services that are provided under s. 49.45 (25) (be) to recipients of medical assistance shall be paid from the appropriation account under s. 20.435 (1) (am). Subject to approval by the U.S. department of health and human services under s. 49.45 (25g) (d), the state share of payment for HIV-related care coordination that is provided under s. 49.45 (25g) to recipients of medical assistance, and for any increases in reimbursement rates under s. 49.45 (25g), shall be paid from the appropriation under s. 20.435 (1) (am). All of the following apply to grants awarded under this subdivision:

AB40-ASA1,2087 Section 2087. 256.125 of the statutes is repealed.

AB40-ASA1,2087v Section 2087v. 281.14 (2) (intro.) of the statutes is amended to read:

AB40-ASA1,1115,14 281.14 (2) (intro.) The department shall conduct a program to monitor and study the introduction of nutrients from point sources and nonpoint sources into the Wisconsin River from the city of Merrill headwaters of the river to the Castle Rock Flowage dam. The department shall seek to do all of the following under this subsection:

AB40-ASA1,2088 Section 2088. 281.33 (3) (a) 1. of the statutes is renumbered 281.33 (3) (a) 1. (intro.) and amended to read:

AB40-ASA1,1115,19 281.33 (3) (a) 1. (intro.) Except as restricted under subd. 2., the department shall establish by rule minimum uniform statewide standards for activities all of the following:

AB40-ASA1,1115,22 a. Activities related to construction site erosion control at sites where the construction activities do not include the construction of a building and to storm water management that have a land disturbance that is one acre or more in area.

AB40-ASA1,2089 Section 2089. 281.33 (3) (a) 1. b. of the statutes is created to read:

AB40-ASA1,1116,3 281.33 (3) (a) 1. b. Activities related to construction site erosion control at sites that have a land disturbance that is less than one acre and to which ss. 101.1206 and 101.653 do not apply.

AB40-ASA1,2090 Section 2090. 281.33 (3) (a) 1. c. of the statutes is created to read:

AB40-ASA1,1116,5 281.33 (3) (a) 1. c. Storm water management.

AB40-ASA1,2090c Section 2090c. 281.33 (3) (a) 2. of the statutes is amended to read:

AB40-ASA1,1116,11 281.33 (3) (a) 2. The department, in cooperation with the department of transportation, shall establish by rule minimum uniform statewide standards for activities related to construction site erosion control and storm water management if those activities concern street, highway, road or bridge construction, enlargement, relocation or reconstruction.

AB40-ASA1,2090g Section 2090g. 281.33 (3) (a) 3. of the statutes is amended to read:

AB40-ASA1,1116,18 281.33 (3) (a) 3. Minimum Uniform statewide standards for storm water management established under this paragraph are applicable to the state plan under sub. (2). The department shall encourage require a city, village, town, or county to comply with minimum uniform statewide standards established under this paragraph for any construction site erosion control and storm water management zoning ordinance enacted under s. 59.693, 60.627, 61.354 or 62.234.

AB40-ASA1,2090j Section 2090j. 281.33 (3) (a) 4. of the statutes is amended to read:

AB40-ASA1,1116,21 281.33 (3) (a) 4. The department shall identify low-cost practices which would enable a person to comply with these minimum uniform statewide standards.

AB40-ASA1,2091 Section 2091. 281.33 (3) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1117,2 281.33 (3) (b) (intro.) The minimum uniform statewide standards for construction site erosion control at sites where the construction activities do not include the construction of a building described in par. (a) 1. a. and b. shall provide for the regulation of any construction activity, at such a site, that:

AB40-ASA1,2091c Section 2091c. 281.33 (3) (c) (intro.) of the statutes is amended to read:

AB40-ASA1,1117,6 281.33 (3) (c) (intro.) The minimum uniform statewide standards for storm water management shall provide for the regulation of any construction activity which:

AB40-ASA1,2091g Section 2091g. 281.33 (3) (d) of the statutes is created to read:

AB40-ASA1,1117,12 281.33 (3) (d) If the department determines that rules promulgated under s. 281.16 (2) prescribe performance standards that meet the requirements for establishing uniform statewide standards under this subsection, the department's rules promulgated under s. 281.16 (2) satisfy the rule-making requirements under this subsection and shall apply as if they were promulgated under this subsection.

AB40-ASA1,2091j Section 2091j. 281.33 (3m) of the statutes is created to read:

AB40-ASA1,1117,17 281.33 (3m) Requirements for ordinances. A city, village, town, or county may enact an ordinance regulating the conduct regulated under this section only if the ordinance strictly conforms with uniform statewide standards established under sub. (3).

AB40-ASA1,2092 Section 2092. 281.33 (4) of the statutes is amended to read:

AB40-ASA1,1118,3 281.33 (4) Model ordinances; state plan; distribution. The department shall prepare a model zoning ordinance for construction site erosion control at sites where the construction activities do not include the construction of a building described in sub. (3) (a) 1. a. and b. and for storm water management in the form of an administrative rule. The model ordinance is subject to s. 227.19 and other provisions of ch. 227 in the same manner as other administrative rules. Following the promulgation of the model ordinance as a rule, the department shall distribute a copy of the model ordinance to any city, village, town or county that submits a request. The department shall distribute a copy of the state plan to any agency which submits a request.

AB40-ASA1,2092d Section 2092d. 281.33 (5) of the statutes is amended to read:

AB40-ASA1,1118,13 281.33 (5) Cooperation. The department, the municipalities, and all state agencies shall cooperate to accomplish the objective of this section. To that end, the department shall consult with the governing bodies of municipalities to secure voluntary uniformity of regulations, so far as practicable, shall prepare model ordinances under sub. (4), shall extend assistance to municipalities under this section, shall prepare the plan under sub. (2), shall encourage obtain uniformity through the implementation of this plan and the utilization of memoranda of understanding which are substantially similar to the plan, and shall extend assistance to agencies under this section.

AB40-ASA1,2092g Section 2092g. 281.34 (5m) of the statutes is created to read:

AB40-ASA1,1118,18 281.34 (5m) Consideration of cumulative impacts. (a) No person may challenge an approval, or an application for approval, of a high capacity well based on the lack of consideration of the cumulative environmental impacts of that high capacity well together with existing wells.

AB40-ASA1,1118,23 (b) Paragraph (a) applies to approvals issued by the department and to applications for approvals submitted to the department before, on, or after the effective date of this paragraph .... [LRB inserts date], including those that are the subject of a pending administrative or judicial review proceeding on the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1,2092j Section 2092j. 281.36 (1) (br) of the statutes is created to read:

AB40-ASA1,1119,2 281.36 (1) (br) "Nonfederal wetland" means a wetland that is not subject to federal jurisdiction under 33 USC 1344.

AB40-ASA1,2092m Section 2092m. 281.36 (3r) (a) 4. of the statutes is created to read:

AB40-ASA1,1119,4 281.36 (3r) (a) 4. Participating in the escrow subprogram under sub. (3s).

AB40-ASA1,2092p Section 2092p. 281.36 (3r) (e) of the statutes is amended to read:

AB40-ASA1,1119,17 281.36 (3r) (e) As part of the mitigation program established under par. (a), the department may establish an in lieu fee subprogram, in consultation with the army corps of engineers, under which payments are made to the department or another entity for the purposes of restoring, enhancing, creating, or preserving wetlands or other water resource features. The subprogram must be approved by the U.S. army corps of engineers. The department shall establish requirements for calculating the in lieu fee payments. Under the in lieu fee subprogram, the wetlands that benefit from the program subprogram shall be open to the public for hunting, fishing, trapping, cross-country skiing, or hiking or any combination thereof, but the department may establish reasonable restrictions on the use of the land by the public in order to protect public safety or to protect a unique plant or animal community. The subprogram shall be consistent with federal regulations.

AB40-ASA1,2092u Section 2092u. 281.36 (3s) of the statutes is created to read:

AB40-ASA1,1119,25 281.36 (3s) Mitigation; escrow subprogram. (a) As part of the mitigation program established under sub. (3r) (a), the department shall establish an escrow subprogram. Under the subprogram, an applicant who is eligible for a wetland individual permit that will affect a nonfederal wetland may establish an escrow account or similar account into which the applicant deposits funds that are limited to being used to purchase credits from a mitigation bank located in this state. The applicant shall establish the account before the wetland individual permit is issued.

AB40-ASA1,1120,2 (b) An account may be established under the escrow subprogram only if all of the following apply:

AB40-ASA1,1120,5 1. There are fewer than 10 mitigation credits available from a federally approved wetland mitigation bank that is located in the state on the date a decision to issue a wetland individual permit is rendered under sub. (3m) (i).

AB40-ASA1,1120,8 2. A statewide in lieu fee subprogram approved by the U.S. army corps of engineers is not in effect on the date a decision to issue a wetland individual permit to rendered under sub. (3m) (i).

AB40-ASA1,1120,10 (c) To qualify as an account under the escrow subprogram, all of the following shall apply:

AB40-ASA1,1120,11 1. The department must be a party to the account.

AB40-ASA1,1120,13 2. A permit holder may not be authorized to withdraw funds under the terms of the account except as provided in par. (f).

AB40-ASA1,1120,16 3. The department must be authorized under the terms of the account to withdraw funds from the account for purchase of mitigation credits under par. (g) and to withdraw funds and close the account under par. (h).

AB40-ASA1,1120,24 (d) The department shall establish requirements for calculating the amounts that must be placed in the accounts established under the escrow subprogram for mitigation payments and for any other fees that are necessary to cover the costs of banks or other agents in managing these accounts. For each account to be established, the department shall determine the number of mitigation credits to be purchased and shall estimate the cost of each credit to be purchased. The estimated cost shall be based on the market price, as determined by the department, for the purchase of an equivalent credit from a mitigation bank located in this state.

AB40-ASA1,1121,2 (e) No person may withdraw funds that are deposited in an account established under the escrow subprogram unless par. (f), (g), or (h) applies.

AB40-ASA1,1121,6 (f) A permit holder shall withdraw funds from an account to purchase mitigation credits if the department notifies the permit holder that mitigation credits are available from a mitigation bank that is located in this state. The permit holder shall purchase the mitigation credits within 30 days after the notification.

AB40-ASA1,1121,9 (g) If a permit holder fails to purchase the mitigation credits within the 30-day period specified under par. (f), the department may withdraw funds from the account to purchase the credits.

AB40-ASA1,1121,14 (h) Upon approval of the statewide in lieu fee subprogram under sub. (3r) (e) by the U.S. army corps of engineers, the department shall discontinue the escrow subprogram by withdrawing all of the funds from all of the accounts established under the escrow subprogram, closing the accounts, and transferring all of the withdrawn funds to the in lieu fee subprogram under sub. (3r) (e).

AB40-ASA1,2093 Section 2093. 281.59 (3e) (b) 1. of the statutes is amended to read:

AB40-ASA1,1121,17 281.59 (3e) (b) 1. Equal to $69,200,000 $61,900,000 during the 2011-13 2013-15 biennium.

AB40-ASA1,2094 Section 2094. 281.59 (3e) (b) 3. of the statutes is amended to read:

AB40-ASA1,1121,20 281.59 (3e) (b) 3. Equal to $1,000 for any biennium after the 2011-13 2013-15 biennium.

AB40-ASA1,2094m Section 2094m. 281.59 (3m) (b) 1. of the statutes is amended to read:

AB40-ASA1,1121,23 281.59 (3m) (b) 1. Equal to $2,700,000 $300,000 during the 2009-11 2013-15 biennium.

AB40-ASA1,2094n Section 2094n. 281.59 (3m) (b) 2. of the statutes is amended to read:

AB40-ASA1,1122,2 281.59 (3m) (b) 2. Equal to $1,000 for any biennium after the 2009-11 2013-15 biennium.

AB40-ASA1,2095 Section 2095. 281.59 (3s) (b) 1. of the statutes is amended to read:

AB40-ASA1,1122,5 281.59 (3s) (b) 1. Equal to $30,700,000 $26,900,000 during the 2011-13 2013-15 biennium.