AB68: Bill Text

AB68,1390,3 281.59 (9) (b) (intro.) As a condition of receiving financial assistance under the clean water fund program, or the safe drinking water loan program or the land recycling loan program, an applicant shall do all of the following:

AB68,2623 Section 2623. 281.59 (9) (b) 1. of the statutes is amended to read:

AB68,1390,7 281.59 (9) (b) 1. Pledge the security, if any, required by the rules promulgated by the department of administration under this section and s. 281.58 , 281.60 or 281.61.

AB68,2624 Section 2624. 281.59 (11) (a) of the statutes is amended to read:

AB68,1390,14 281.59 (11) (a) The department of natural resources and the department of administration may enter into a financial assistance agreement with an applicant for which the department of administration has allocated financial assistance under s. 281.58 (9m), 281.60 (8) or 281.61 (8) if the applicant meets the conditions under sub. (9) and the other requirements under this section and s. 281.58 , 281.60 or 281.61.

AB68,2625 Section 2625. 281.59 (11) (b) of the statutes is amended to read:

AB68,1390,24 281.59 (11) (b) If a municipality fails to make a principal repayment or interest payment after its due date, the department of administration shall place on file a certified statement of all amounts due under this section and s. 281.58 , 281.60 or 281.61 or s. 281.60, 2019 stats. After consulting the department, the department of administration may collect all amounts due by deducting those amounts from any state payments due the municipality or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. If the department of administration collects amounts due, it shall remit those amounts to the fund to which they are due and notify the department of that action.

AB68,2626 Section 2626. 281.59 (11) (c) of the statutes is amended to read:

AB68,1391,6 281.59 (11) (c) The department of administration may retain the last payment under a financial assistance agreement until the department of natural resources and the department of administration determine that the project is completed and meets the applicable requirements of this section and s. 281.58, 281.60 or 281.61 or s. 281.60, 2019 stats., and that the conditions of the financial assistance agreement are met.

AB68,2627 Section 2627. 281.59 (13s) of the statutes is amended to read:

AB68,1391,11 281.59 (13s) Powers. The department of administration may audit, or contract for audits of, projects receiving financial assistance under the clean water fund program, or the safe drinking water loan program and the land recycling loan program or projects that received loans under s. 281.60, 2019 stats.

AB68,2628 Section 2628. 281.59 (14) of the statutes is amended to read:

AB68,1391,15 281.59 (14) Rules. The department of administration shall promulgate rules that are necessary for the proper execution of this section and of its responsibilities under ss. 281.58, 281.60 and 281.61 and s. 281.60, 2019 stats.

AB68,2629 Section 2629. 281.60 of the statutes is repealed.

AB68,2630 Section 2630. 281.605 of the statutes is created to read:

AB68,1391,23 281.605 Outstanding loans under the former land recycling loan program. Section 281.60 (8m), 2019 stats., s. 281.60 (11), 2019 stats., s. 281.60 (11m), 2019 stats., s. 281.60 (13) (c), 2019 stats., s. 281.60 (13) (d), 2019 stats., s. 281.60 (13) (f), 2019 stats., and s. 281.60 (13) (h), 2019 stats., shall continue to apply to any outstanding loans made under the former land recycling loan program under s. 281.60, 2019 stats.

AB68,2631 Section 2631. 281.61 (3) of the statutes is repealed.

AB68,2632 Section 2632. 281.61 (4) of the statutes is amended to read:

AB68,1392,7 281.61 (4) Engineering report. A The department may require a local governmental unit or private owner of a community water system that serves a local governmental unit seeking financial assistance for a project under this section shall to submit an engineering report, as required by the department by rule. If an engineering report is required by the department, the local governmental unit or private owner of a community water system shall submit the engineering report prior to or concurrent with the submission of the application for financial assistance.

AB68,2633 Section 2633. 281.61 (5) (a) of the statutes is amended to read:

AB68,1392,24 281.61 (5) (a) After the department approves an engineering report submitted under sub. (4), the A local governmental unit or private owner of a community water system that serves a local governmental unit shall submit an application for safe drinking water financial assistance and an engineering report, if required, to the department. The applicant department shall submit the application on or before the June 30 preceding the beginning of the fiscal year in which the applicant wishes to receive the financial assistance, except that if funds are available in a fiscal year after funding has been allocated under sub. (8) for all approved applications submitted before the June 30 preceding that fiscal year, the department of administration may allocate funding for approved applications submitted after June 30 at least annually provide application submittal instructions to applicants, including a deadline for submitting applications, if any. The application shall be in the form and include the information required by the department and the department of administration and shall include plans and specifications that are approvable by the department under this section. An applicant may not submit more than one application per project per year.

AB68,2634 Section 2634 . 281.61 (8) (b) of the statutes is created to read:

AB68,1393,4 281.61 (8) (b) The department of administration shall allocate the amount appropriated under s. 20.320 (2) (a) to projects involving forgivable loans to private users of public water systems to cover not more than 50 percent of the cost to replace lead service lines.

AB68,2635 Section 2635. 281.61 (10) of the statutes is repealed.

AB68,2636 Section 2636. 281.75 (1) (b) (intro.), 1. and 2. of the statutes are amended to read:

AB68,1393,9 281.75 (1) (b) (intro.) “Contaminated well" or “contaminated private water supply" means a well or private water supply which does any of the following:

AB68,1393,12 1. Produces water containing one or more substances of public health concern in excess of a primary maximum contaminant level promulgated in the national drinking water standards in 40 CFR 141 and 143;.

AB68,1393,14 2. Produces water containing one or more substances of public health concern in excess of an enforcement standard under ch. 160; or.

AB68,2637 Section 2637. 281.75 (1) (b) 4. of the statutes is created to read:

AB68,1393,17 281.75 (1) (b) 4. Produces water containing at least 10 parts per billion of arsenic or at least 10 parts per million of nitrate nitrogen.

AB68,2638 Section 2638. 281.75 (4m) (a) of the statutes is amended to read:

AB68,1393,22 281.75 (4m) (a) In order to be eligible for an award under this section, the annual family income of the landowner or lessee of property on which is located a contaminated water supply or a well subject to abandonment may not exceed $65,000 $100,000.

AB68,2639 Section 2639 . 281.75 (5) (f) of the statutes is amended to read:

AB68,1394,4 281.75 (5) (f) The Except as provided in par. (g), the department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.

AB68,2640 Section 2640 . 281.75 (5) (g) of the statutes is created to read:

AB68,1394,8 281.75 (5) (g) If the appropriation under s. 20.370 (6) (cr) is insufficient to pay claims, the department may, for claims based on nitrate levels, allocate money for the payment of those claims in the following order of priority:

AB68,1394,10 1. Claims based on water containing more than 40 parts per million of nitrate nitrogen.

AB68,1394,12 2. Claims based on water containing more than 30 but not more than 40 parts per million of nitrate nitrogen.

AB68,1394,14 3. Claims based on water containing more than 25 but not more than 30 parts per million of nitrate nitrogen.

AB68,1394,16 4. Claims based on water containing more than 20 but not more than 25 parts per million of nitrate nitrogen.

AB68,1394,18 5. Claims based on water containing more than 10 but not more than 20 parts per million of nitrate nitrogen.

AB68,2641 Section 2641. 281.75 (7) (a) of the statutes is amended to read:

AB68,1394,25 281.75 (7) (a) If the department finds that the claimant meets all the requirements of this section and rules promulgated under this section and that the private water supply is contaminated or that the well is a well subject to abandonment, the department shall issue an award. The Except as provided under par. (am), the award may not pay more than 75 percent of the eligible costs. The award may not pay any portion of eligible costs in excess of $16,000.

AB68,2642 Section 2642. 281.75 (7) (am) of the statutes is created to read:

AB68,1395,4 281.75 (7) (am) An award under this subsection may pay up to 100 percent of the eligible costs if the annual family income of the claimant is below the median family income for the state, as determined by U.S. bureau of the census.

AB68,2643 Section 2643. 281.75 (7) (b) of the statutes is repealed.

AB68,2644 Section 2644. 281.75 (9) of the statutes is repealed.

AB68,2645 Section 2645. 283.31 (8) of the statutes is amended to read:

AB68,1395,18 283.31 (8) A person applying for a new permit under this section for a concentrated animal feeding operation shall pay to the department an application fee of $3,270, which shall be credited to the appropriation account under s. 20.370 (9) (ag). The holder of a permit under this section for a concentrated animal feeding operation shall annually pay to the department a fee of $345 $545, which shall be credited to the appropriation account under s. 20.370 (9) (ag). The department shall annually submit a report to the joint committee on finance and, under s. 13.172 (3), to the standing committees of the legislature with jurisdiction over agricultural and environmental matters describing the use of the moneys credited to the appropriation account under s. 20.370 (9) (ag) under this subsection and the use of the moneys appropriated under s. 20.370 (9) (ap).

AB68,2646 Section 2646. 285.27 (2) (bm) of the statutes is created to read:

AB68,1396,2 285.27 (2) (bm) Standards for PFAS. Emission standards for known perfluoroalkyl or polyfluoroalkyl substances are needed to provide adequate protection for public health and welfare under par. (b). The department shall promulgate emission standards for any known perfluoroalkyl or polyfluoroalkyl substances to provide adequate protection for public health and welfare, taking into account energy, economic, and environmental impacts and other costs related to the emission source.

AB68,2647 Section 2647. 287.16 of the statutes is created to read:

AB68,1396,7 287.16 Auxiliary containers. (1) The department may grant a political subdivision, as defined in s. 66.0419 (1) (b), upon application, an exemption from the requirements of s. 66.0419 (2) with regard to a specific type of container if all of the following apply:

AB68,1396,9 (a) The political subdivision describes in the application the type of container to which the proposed exemption would apply.

AB68,1396,11 (b) The political subdivision demonstrates that it cannot sell the type of container at a price that exceeds the recycling processing costs of the container.

AB68,1396,13 (2) The department shall specify the period of an exemption under this section. The period may not exceed 2 years.

AB68,2648 Section 2648 . 287.17 (10) (fm) of the statutes is created to read:

AB68,1396,21 287.17 (10) (fm) Rural electronics recycling grants. The department shall administer a program to provide grants from the appropriation under s. 20.370 (4) (hr), if sufficient program revenue is available, to expand electronics recycling and recovery programs in rural counties of the state. Grants under this program may be provided to local units of government, businesses, and nonprofit entities for the purpose of hosting a collection site or collection event, or series of collection sites or collection events, in rural counties of the state.

AB68,2649 Section 2649 . 289.33 (3) (d) of the statutes is amended to read:

AB68,1397,15 289.33 (3) (d) “Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8), and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch. 91.

AB68,2650 Section 2650 . 289.63 (6) (d) 1. (intro.) of the statutes is amended to read:

AB68,1397,18 289.63 (6) (d) 1. (intro.) In this paragraph, “qualified materials recovery facility" means one of the following:

AB68,2651 Section 2651. 289.63 (6) (d) 1. c. of the statutes is created to read:

AB68,1398,2 289.63 (6) (d) 1. c. A facility that is in operation on the effective date of this subd. 1. c. .... [LRB inserts date], at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed as a municipal solid waste combustor; the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent; and the facility is in compliance with its approved plan of operation.

AB68,2652 Section 2652 . 289.63 (6) (d) 2. a. of the statutes is amended to read:

AB68,1398,7 289.63 (6) (d) 2. a. For a qualified materials recovery facility described in subd. 1. a., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 10 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less.

AB68,2653 Section 2653. 289.63 (6) (d) 2. b. of the statutes is amended to read:

AB68,1398,13 289.63 (6) (d) 2. b. For a qualified materials recovery facility described in subd. 1. b. or c., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 30 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less. This exemption does not apply to ash residue generated by a qualified facility described in subd. 1. c.

AB68,2654 Section 2654. 289.63 (6) (d) 3. a. of the statutes is amended to read:

AB68,1398,19 289.63 (6) (d) 3. a. The department may require an operator that claims the exemption under this paragraph to certify that the operator's facility satisfies the criteria in subd. 1. a. or, b. , or c. and to report the weight of the residue for which the operator does not pay the groundwater and well compensation fees and any other information needed to determine eligibility for the exemption.

AB68,2655 Section 2655 . 289.64 (4) (d) 1. (intro.) of the statutes is amended to read:

AB68,1398,22 289.64 (4) (d) 1. (intro.) In this paragraph, “qualified materials recovery facility" means one of the following:

AB68,2656 Section 2656. 289.64 (4) (d) 1. c. of the statutes is created to read:

AB68,1399,5 289.64 (4) (d) 1. c. A facility that is in operation on the effective date of this subd. 1. c. .... [LRB inserts date], at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed as a municipal solid waste combustor; the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent; and the facility is in compliance with its approved plan of operation.

AB68,2657 Section 2657 . 289.64 (4) (d) 2. a. of the statutes is amended to read:

AB68,1399,10 289.64 (4) (d) 2. a. For a qualified materials recovery facility described in subd. 1. a., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 10 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less.

AB68,2658 Section 2658. 289.64 (4) (d) 2. b. of the statutes is amended to read:

AB68,1399,16 289.64 (4) (d) 2. b. For a qualified materials recovery facility described in subd. 1. b. or c., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 30 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less. This exemption does not apply to ash residue generated by a qualified facility described in subd. 1. c.

AB68,2659 Section 2659. 289.64 (4) (d) 3. a. of the statutes is amended to read:

AB68,1399,22 289.64 (4) (d) 3. a. The department may require an operator that claims the exemption under this paragraph to certify that the operator's facility satisfies the criteria in subd. 1. a. or, b. , or c. and to report the weight of the residue for which the operator does not pay the solid waste facility siting board fee and any other information needed to determine eligibility for the exemption.

AB68,2660 Section 2660 . 289.645 (4) (h) 1. (intro.) of the statutes is amended to read:

AB68,1399,25 289.645 (4) (h) 1. (intro.) In this paragraph, “qualified materials recovery facility" means one of the following:

AB68,2661 Section 2661. 289.645 (4) (h) 1. c. of the statutes is created to read:

AB68,1400,8 289.645 (4) (h) 1. c. A facility that is in operation on the effective date of this subd. 1. c. .... [LRB inserts date], at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed as a municipal solid waste combustor; the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent; and the facility is in compliance with its approved plan of operation.

AB68,2662 Section 2662 . 289.645 (4) (h) 2. a. of the statutes is amended to read:

AB68,1400,13 289.645 (4) (h) 2. a. For a qualified materials recovery facility described in subd. 1. a., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 10 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less.

AB68,2663 Section 2663. 289.645 (4) (h) 2. b. of the statutes is amended to read:

AB68,1400,20 289.645 (4) (h) 2. b. For a qualified materials recovery facility described in subd. 1. b. or c., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 30 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less. This exemption does not apply to ash residue generated by a qualified facility described in subd. 1. c.

AB68,2664 Section 2664. 289.645 (4) (h) 3. a. of the statutes is amended to read: