AB64: Bill Text

AB64,800,15 281.36 (11) (a) The department shall set a surcharge fee to be charged for each application to proceed under a wetland general permit that is issued under sub. (3g) (a) 4., 5., or 6. The surcharge fee shall be set on an annual basis by the department and may not exceed more than 50 percent of the market price, as determined by the department, for the equivalent purchase of credits from a mitigation bank. These fees shall be credited to the appropriation account under s. 20.370 (4) (9) (bm) for the restoration and creation of wetlands. The department may enter into agreements with other entities for the restoration and creation of such wetlands.

AB64,1806 Section 1806. 281.36 (11) (b) of the statutes is amended to read:

AB64,800,21 281.36 (11) (b) Any wetland that is restored or created using funding from the appropriation under s. 20.370 (4) (9) (bm) 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.

AB64,1807 Section 1807 . 281.58 (6) (b) 5. of the statutes is repealed.

AB64,1808 Section 1808 . 281.58 (6) (b) 6. of the statutes is repealed.

AB64,1809 Section 1809 . 281.58 (8) (h) of the statutes is amended to read:

AB64,801,8 281.58 (8) (h) Except as provided in par. (k), a municipality that is a violator of an effluent limitation at the time that the application for a treatment work project is approved under sub. (9m) may not receive financial assistance of a method specified under sub. (6) (b) 1., 3., or 4. or 5. for that part of the treatment work project that is needed to correct the violation. This paragraph does not apply to a municipality that after May 17, 1988, is in compliance with a court or department order to correct a violation of the enforceable requirements of its ch. 283 permit, and that is applying for financial assistance under s. 281.59 (13) to correct that violation.

AB64,1810 Section 1810 . 281.58 (9) (a) of the statutes is amended to read:

AB64,801,17 281.58 (9) (a) After the department approves a municipality's facility plan submitted under sub. (8s), the municipality shall submit an application for participation to the department. The application shall be in such form and include such information as the department and the department of administration prescribe and shall include design plans and specifications. The department shall review applications for participation in the clean water fund program. The department shall determine which applications meet the eligibility requirements and criteria under subs. (6), (7), (8), and (8m) and (13).

AB64,1811 Section 1811 . 281.58 (9m) (e) 1. of the statutes is amended to read:

AB64,801,22 281.58 (9m) (e) 1. Except as provided under par. (f) and sub. (13), if a sufficient amount of financial assistance under this section is available for the municipality's project when the department approves the application under par. (a), the department of administration shall allocate that amount to the project.

AB64,1812 Section 1812 . 281.58 (11) of the statutes is repealed.

AB64,1813 Section 1813 . 281.58 (12) (a) 1. of the statutes is renumbered 281.58 (12) (a) 1. (intro.) and amended to read:

AB64,802,3 281.58 (12) (a) 1. (intro.) Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 1. to 5. is one of the following:

AB64,802,10 c. For a municipality that does not meet the requirements specified in subd. 1. a. or b., 75 percent of market interest rate for projects for which the subsidy was allocated from the amount under s. 281.59 (3e) (b), 2013 stats., for a biennium before the 2015-17 biennium and 70 percent of market interest rate for projects for which the financial assistance is allocated under this section for the 2015-17 biennium or later, and 55 percent of market interest rate for projects for which the financial assistance is allocated under this section for the 2017-19 biennium or later.

AB64,1814 Section 1814 . 281.58 (12) (a) 1. a. of the statutes is created to read:

AB64,802,14 281.58 (12) (a) 1. a. For a municipality that has a population of less than 1,000, and in which the median household income is 65 percent or less of the median household income in this state, zero percent of market interest rate.

AB64,1815 Section 1815 . 281.58 (12) (a) 1. b. of the statutes is created to read:

AB64,802,18 281.58 (12) (a) 1. b. For a municipality that has a population of less than 10,000, and in which the median household income is 80 percent or less of the median household income in this state, 33 percent of market interest rate.

AB64,1816 Section 1816 . 281.58 (13) of the statutes is repealed.

AB64,1817 Section 1817 . 281.59 (3e) of the statutes is repealed.

AB64,1818 Section 1818. 281.65 (4g) of the statutes is amended to read:

AB64,803,3 281.65 (4g) The department may contract with any person from the appropriation account under s. 20.370 (4) (9) (at) for services to administer or implement this section, including information and education and training services. The department shall allocate $500,000 in each fiscal year from the appropriation account under s. 20.370 (4) (at) for contracts for educational and technical assistance related to the program under this section provided by the University of Wisconsin-Extension.

AB64,1819 Section 1819 . 281.73 of the statutes is repealed.

AB64,1820 Section 1820. 283.33 (9) (c) of the statutes is amended to read:

AB64,803,7 283.33 (9) (c) All moneys collected under par. (a) shall be credited to the appropriation under s. 20.370 (4) (9) (bj).

AB64,1821 Section 1821. 283.87 (4) of the statutes is amended to read:

AB64,803,15 283.87 (4) Aids to municipalities; environmental damage compensation. The department may make grants to any county, city, village, or town for the acquisition or development of recreational lands and facilities from moneys appropriated under s. 20.370 (2) (4) (dv). Use and administration of the grant shall be consistent with any court order issued under sub. (3). A county, city, village, or town which receives a grant under this section is not required to share in the cost of a project under this section.

AB64,1822 Section 1822. 285.69 (2) (c) (intro.) of the statutes is amended to read:

AB64,803,19 285.69 (2) (c) (intro.) The fees collected under pars. (a) and (e) shall be credited to the appropriations under s. 20.370 (2) (bg), (3) (bg), (4) (co), (8) (mg) and (9) (mh) for the following:

AB64,1823 Section 1823. 285.69 (2e) (c) of the statutes is amended to read:

AB64,803,23 285.69 (2e) (c) The fees collected under this subsection shall be credited to the appropriation accounts under s. 20.370 (2) (bg), (3) (bg), (4) (co), (8) (mg), and (9) (mh) for the purposes in sub. (2) (c) 1. and 2.

AB64,1824 Section 1824. 285.69 (2m) (bm) (intro.) of the statutes is amended to read:

AB64,804,4 285.69 (2m) (bm) (intro.) The fees collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (bh) (4) (cm) for the following purposes as they relate to stationary sources for which an operation permit is required under s. 285.60 but not under the federal clean air act:

AB64,1825 Section 1825. 285.69 (3) (a) of the statutes is amended to read:

AB64,804,18 285.69 (3) (a) The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection for an inspection plus the fee under sub. (1) (c) may not exceed $700 if the combined square and linear footage of friable asbestos-containing material involved in the project is less than 5,000. The fees under this subsection for an inspection plus the fee under sub. (1) (c) may not exceed $1,325 if the combined square and linear footage of friable asbestos-containing material involved in the project is 5,000 or more. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bi) (4) (cn) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and renovation projects regulated by the department and for inspecting property proposed to be used for a community fire safety training project.

AB64,1826 Section 1826. 285.69 (7) of the statutes is amended to read:

AB64,804,25 285.69 (7) Emission reduction credit fees. The department may promulgate rules for the payment of fees by persons who hold emission reduction credits that may be used to satisfy the offset requirements in s. 285.63 (2) (a) and that have been certified by the department. The rules may waive the payment of fees under this subsection for categories of emission reduction credits. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bg) (4) (co).

AB64,1827 Section 1827. 285.72 of the statutes is amended to read:

AB64,805,8 285.72 Air quality monitoring station. From the appropriation under s. 20.370 (2) (ce) (4) (cv), the department shall fund the construction, operation, and maintenance of an air quality monitoring station in a county identified in its entirety as a nonattainment area for the 2008 8-hour national ambient air quality standard for ozone under 40 CFR 50.15 for the purpose of assessing ozone concentrations. The department may designate the monitoring station as a special purpose monitor under 40 CFR 58.20.

AB64,1828 Section 1828. 287.91 (4) of the statutes is amended to read:

AB64,805,12 287.91 (4) The department of natural resources shall reimburse the department of justice for the expenses incurred in enforcing this chapter from the appropriation under s. 20.370 (2) (4) (ma).

AB64,1829 Section 1829. 289.31 (7) (f) of the statutes is amended to read:

AB64,805,22 289.31 (7) (f) If the owner or operator of a site or facility subject to an order under par. (d) is a municipality, the municipality is responsible for conducting any monitoring ordered under par. (d). The department shall, from the environmental fund appropriation under s. 20.370 (2) (4) (dv), reimburse the municipality for the costs of monitoring that exceed an amount equal to $3 per person residing in the municipality for each site or facility subject to an order under par. (d), except that the maximum reimbursement is $100,000 for each site or facility. The department shall exclude any monitoring costs paid under the municipality's liability insurance coverage in calculating the municipal cost of monitoring a site or facility.

AB64,1830 Section 1830. 289.43 (7) (e) 3. of the statutes is amended to read:

AB64,805,25 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the appropriation under s. 20.370 (2) (4) (dg).

AB64,1831 Section 1831. 289.64 (6) of the statutes is amended to read:

AB64,806,4 289.64 (6) Use of solid waste facility siting board fees. The fees collected under sub. (2) shall be credited to the appropriation under s. 20.370 (2) (4) (eg) for transfer to the appropriation under s. 20.505 (4) (k).

AB64,1832 Section 1832. 289.68 (1) of the statutes is amended to read:

AB64,806,13 289.68 (1) Payments from the waste management fund. The department may expend moneys in the waste management fund only for the purposes specified under subs. (3) to (6) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 (2) (4) (dq) for the purposes specified under subs. (3) and (5) and 1991 Wisconsin Act 39, section 9142 (2w). The department may expend moneys appropriated under s. 20.370 (2) (4) (dt) for the purposes specified under sub. (4). The department may expend moneys appropriated under s. 20.370 (2) (4) (dy) and (dz) for the purposes specified under sub. (6).

AB64,1833 Section 1833. 289.68 (3) of the statutes is amended to read:

AB64,806,20 289.68 (3) Payments for long-term care after termination of proof of financial responsibility. The department may spend moneys appropriated under s. 20.370 (2) (4) (dq) for the costs of long-term care of an approved facility for which the plan of operation was approved under s. 289.30 (6) before August 9, 1989, that accrue after the requirement to provide proof of financial responsibility expires under s. 289.41 (1m) (b) or (f) as authorized under s. 289.41 (11) (b) 2.

AB64,1834 Section 1834. 289.68 (4) of the statutes is amended to read:

AB64,806,25 289.68 (4) Payment of closure and long-term care costs; forfeited bonds and similar moneys. The department may utilize moneys appropriated under s. 20.370 (2) (4) (dt) for the payment of costs associated with compliance with closure and long-term care requirements under s. 289.41 (11) (b) 1.

AB64,1835 Section 1835. 289.68 (5) of the statutes is amended to read:

AB64,807,4 289.68 (5) Prevention of imminent hazard. The department may utilize moneys appropriated under s. 20.370 (2) (4) (dq) for the payment of costs associated with imminent hazards as authorized under s. 289.41 (11) (c) and (cm).

AB64,1836 Section 1836. 289.68 (6) of the statutes is amended to read:

AB64,807,8 289.68 (6) Payment of corrective action, forfeited bonds and recovered moneys. The department may utilize moneys appropriated under s. 20.370 (2) (4) (dy) and (dz) for the payment of costs of corrective action under s. 289.41 (11) (bm).

AB64,1837 Section 1837. 292.11 (6) (a) of the statutes is amended to read:

AB64,807,15 292.11 (6) (a) Contingency plan; activities resulting from discharges. The department may utilize moneys appropriated under s. 20.370 (2) (4) (dv) and (my) (ms) in implementing and carrying out the contingency plan developed under sub. (5) and to provide for the procurement, maintenance, and storage of necessary equipment and supplies, personnel training, and expenses incurred in identifying, locating, monitoring, containing, removing, and disposing of discharged substances.

AB64,1838 Section 1838. 292.11 (6) (b) of the statutes is amended to read:

AB64,807,20 292.11 (6) (b) Limitation on equipment expenses. No more than 25 percent of the moneys available under the appropriation under s. 20.370 (2) (4) (dv) or (my) (ms) during any fiscal year may be used for the procurement and maintenance of necessary equipment during that fiscal year.

AB64,1839 Section 1839. 292.11 (6) (c) 2. of the statutes is amended to read:

AB64,807,24 292.11 (6) (c) 2. Reimbursements to the department under section 311, federal water pollution control act amendments of 1972, P.L. 92-500, shall be credited to the appropriation under s. 20.370 (2) (my) (4) (ms).

AB64,1840 Section 1840. 292.31 (4) of the statutes is amended to read:

AB64,808,7 292.31 (4) Monitoring costs at nonapproved facilities owned or operated by municipalities. Notwithstanding the environmental response rules under sub. (2) or the environmental repair authority, remedial action sequence, and emergency response requirements under sub. (3), the department shall pay that portion of the cost of any monitoring requirement which is to be paid under s. 289.31 (7) (f) from the appropriation under s. 20.370 (2) (4) (dv) prior to making other payments from that appropriation.

AB64,1841 Section 1841. 292.31 (7) (am) 2. of the statutes is amended to read:

AB64,808,16 292.31 (7) (am) 2. The department may acquire an interest in property from any person as part of a remedial action conducted in cooperation with the federal environmental protection agency if the acquisition is necessary to implement the remedy. Under this subdivision, the department may acquire an interest in property that is necessary to ensure that restrictions on the use of land or groundwater are enforceable. The department may expend moneys from the appropriations under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg) if necessary to compensate a person for an interest in property acquired by the department under this subdivision.

AB64,1842 Section 1842. 292.31 (7) (b) of the statutes is amended to read:

AB64,809,2 292.31 (7) (b) The department may expend moneys from the appropriations under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg) as required under 42 USC 9601, et seq. The department shall promulgate by rule criteria for the expenditure of moneys from the appropriations under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg). The criteria shall include consideration of the amount of moneys available in the appropriations under ss. 20.370 (2) (4) (dv) and 20.866 (2) (tg), the moneys available from other sources for the required sharing of costs, the differences between public and private sites or facilities, the potential for cost recovery from responsible parties, and any other appropriate factors.

AB64,1843 Section 1843. 292.41 (6) (a) of the statutes is amended to read:

AB64,809,8 292.41 (6) (a) The department may utilize moneys appropriated under s. 20.370 (2) (4) (dv) and (my) (ms) in taking action under sub. (4). The department shall utilize these moneys to provide for the procurement, maintenance , and storage of necessary equipment and supplies, personnel training, and expenses incurred in locating, identifying, removing, and disposing of abandoned containers.

AB64,1844 Section 1844. 292.41 (6) (b) of the statutes is amended to read:

AB64,809,12 292.41 (6) (b) No more than 25 percent of the total of all moneys available under the appropriation under s. 20.370 (2) (4) (dv) and (my) (ms) may be used annually for the procurement and maintenance of necessary equipment during that fiscal year.

AB64,1845 Section 1845. 292.55 (2) of the statutes is amended to read:

AB64,809,18 292.55 (2) The department may assess and collect fees from a person to offset the costs of providing assistance under sub. (1). The department shall promulgate rules for the assessment and collection of fees under this subsection. Fees collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (4) (dh).

AB64,1846 Section 1846. 292.57 (2) (b) of the statutes is amended to read:

AB64,809,21 292.57 (2) (b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (4) (dh).

AB64,1847 Section 1847. 292.70 (7) of the statutes is amended to read:

AB64,809,25 292.70 (7) Review and payment. If a claim is filed under an agreement under sub. (2) or (3), the department shall review the claim to determine whether it is valid. A valid claim shall be paid from the appropriation under s. 20.370 (2) (4) (fq).

AB64,1848 Section 1848. 292.94 of the statutes is amended to read:

AB64,810,9 292.94 Fees related to enforcement actions. The department may assess and collect fees from a person who is subject to an order or other enforcement action for a violation of s. 292.11 or 292.31 to cover the costs incurred by the department to review the planning and implementation of any environmental investigation or environmental cleanup that the person is required to conduct. The department shall promulgate rules for the assessment and collection of fees under this section. Fees collected under this section shall be credited to the appropriation account under s. 20.370 (2) (4) (dh).

AB64,1849 Section 1849. 301.03 (3) (intro.) of the statutes is amended to read:

AB64,810,18 301.03 (3) (intro.) Administer Decide whether to grant or deny parole to inmates, and administer parole, extended supervision, and probation matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission and the decision to revoke probation, extended supervision, or parole, in cases in which there is no waiver of the right to a hearing, shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules to do all of the following:

AB64,1850 Section 1850. 301.048 (2) (am) 3. of the statutes is amended to read:

AB64,810,22 301.048 (2) (am) 3. The parole commission grants him or her He or she is granted parole under s. 304.06 and requires his or her participation in the program is required as a condition of parole under s. 304.06 (1x).

AB64,1851 Section 1851. 301.16 (1r) of the statutes is amended to read:

AB64,811,6 301.16 (1r) In addition to the institutions under sub. (1), the department shall establish a medium security correctional institution for persons 15 years of age or over, but not more than 24 years of age, who have been placed in a state prison under s. 302.01. The medium security correctional institution under this subsection shall be known as the Racine Youthful Offender Correctional Facility and shall be located at the intersection of Albert Street and North Memorial Drive in the city of Racine. The department shall limit the number of prisoners who may be placed at the Racine Youthful Offender Correctional Facility to no more than 450 500 at any one time.

AB64,1852 Section 1852. 301.21 (1m) (c) of the statutes is amended to read: