AB68: Bill Text

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:

AB68,1401,2 289.645 (4) (h) 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 recycling fee and any other information needed to determine eligibility for the exemption.

AB68,2665 Section 2665 . 289.67 (1) (fj) 1. (intro.) of the statutes is amended to read:

AB68,1401,5 289.67 (1) (fj) 1. (intro.) In this paragraph, “qualified materials recovery facility" means one of the following:

AB68,2666 Section 2666. 289.67 (1) (fj) 1. c. of the statutes is created to read:

AB68,1401,13 289.67 (1) (fj) 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.

AB68,2667 Section 2667 . 289.67 (1) (fj) 2. a. of the statutes is amended to read:

AB68,1401,18 289.67 (1) (fj) 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.

AB68,2668 Section 2668. 289.67 (1) (fj) 2. b. of the statutes is amended to read:

AB68,1401,24 289.67 (1) (fj) 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.

AB68,2669 Section 2669. 289.67 (1) (fj) 3. a. of the statutes is amended to read:

AB68,1402,5 289.67 (1) (fj) 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 environmental repair fee and any other information needed to determine eligibility for the exemption.

AB68,2670 Section 2670 . 292.31 (1) (d) (intro.) of the statutes is amended to read:

AB68,1402,15 292.31 (1) (d) Access to information. (intro.) Upon the request of any officer, employee, or authorized representative of the department, any person who generated, transported, treated, stored, or disposed of solid or hazardous waste which that may have been disposed of at a site or facility under investigation by the department and any person who generated solid or hazardous waste at a site or facility under investigation by the department that was transported to, treated at, stored at, or disposed of at another site, facility, or location shall provide the officer, employee, or authorized representative access to any records or documents in that person's custody, possession, or control which relate to:

AB68,2671 Section 2671 . 292.31 (1) (d) 1m. of the statutes is created to read:

AB68,1402,19 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or facility that was transported to, treated at, stored at, or disposed of at another site, facility, or location, and the dates and locations of these activities.

AB68,2672 Section 2672. 292.66 of the statutes is created to read:

AB68,1402,21 292.66 PFAS municipal grant program. (1) Definitions. In this section:

AB68,1402,22 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).

AB68,1402,24 (b) “Municipality” means a city, village, town, county, utility district, lake protection district, sewerage district, or municipal airport.

AB68,1402,25 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

AB68,1403,4 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (6) (ed) to municipalities that meet the requirements under sub. (3) for the purpose of conducting any of the eligible activities under sub. (4).

AB68,1403,6 (3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if one of the following has occurred:

AB68,1403,10 (a) The municipality tested or trained with a class B fire fighting foam that contained intentionally added PFAS in accordance with applicable state and federal law, or a 3rd party tested or trained with a class B fire fighting foam that contained intentionally added PFAS within the boundaries of the municipality.

AB68,1403,12 (b) The municipality applied biosolids to land under a permit issued by DNR under s. 283.31.

AB68,1403,15 (c) PFAS are impacting the municipality's drinking water supply or surface water or groundwater within the municipality and the responsible party is unknown or is unwilling or unable to take the necessary response actions.

AB68,1403,17 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

AB68,1403,19 (a) Investigating potential PFAS impacts to the air, land, or water at a site or facility for the purpose of reducing or eliminating environmental contamination.

AB68,1403,21 (b) Treating or disposing of PFAS-containing fire fighting foam containers from a municipal site or facility.

AB68,1403,23 (c) Sampling a private water supply within 3 miles of a site or facility known to contain PFAS or to have caused a PFAS discharge.

AB68,1403,25 (d) Providing a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS.

AB68,1404,2 (e) Conducting emergency, interim, or remedial actions to mitigate, treat, dispose of, or remove PFAS contamination to the air, land, or waters of the state.

AB68,1404,7 (f) Removing or treating PFAS in a public water system using the most cost-effective method to provide safe drinking water in areas where PFAS levels exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement standard for PFAS under ch. 160 or where the state has issued a health advisory for PFAS.

AB68,1404,11 (5) Application. A municipality shall apply for a grant on a form prescribed by the department and shall include any information that the department finds necessary to determine the eligibility of the project, identify the funding requested, determine the priority of the project, and calculate the amount of a grant.

AB68,1404,13 (6) Evaluation criteria. The department, in awarding grants under this section, shall consider all of the following criteria:

AB68,1404,16 (a) The municipality's demonstrated commitment to performing and completing eligible activities, including the municipality's financial commitment and ability to successfully administer grants.

AB68,1404,18 (b) The degree to which the project will have a positive impact on public health and the environment.

AB68,1404,20 (c) Other criteria that the department finds necessary to prioritize the funds available for awarding grants.

AB68,1404,24 (7) Matching funds. The department may not distribute a grant under this section unless the applicant contributes matching funds equal to at least 20 percent of the amount of the grant. Matching funds may be in the form of cash, in-kind contributions, or both.

AB68,2673 Section 2673 . 292.74 of the statutes is created to read:

AB68,1405,15 292.74 Financial responsibility for PFAS. The department may, if it determines doing so is necessary to protect human health or the environment, require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl substance to provide proof of financial responsibility for conducting emergency response actions, remedial actions, environmental repair, and long-term care to address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl substances or environmental pollution that may be caused by a discharge of such substances. The department shall establish, by rule, the procedure for determining whether requiring a proof of financial responsibility is necessary to protect human health or the environment, and may establish requirements for types of financial responsibility, methods for calculating amounts of financial responsibility, access and default, bankruptcy notifications, and any other requirements the department determines are necessary under this section. The proof of financial responsibility required under this section shall be in addition to any other proof of financial responsibility or financial assurance required under this chapter.

AB68,2674 Section 2674 . 299.15 (2m) of the statutes is created to read:

AB68,1405,19 299.15 (2m) The department shall consider all known perfluoroalkyl or polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The reporting level for these substances is zero pounds per year.

AB68,2675 Section 2675 . 299.44 of the statutes is created to read:

AB68,1405,21 299.44 Sale and use of coal tar sealants. (1) Definitions. In this section:

AB68,1405,25 (a) “Coal tar sealant product” means a surface applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical Abstracts Service (CAS) number 65996-93-2, 65996-89-6, or 8007-45-2.

AB68,1406,2 (b) “High PAH sealant product” means a surface applied sealant product that contains more than 0.1 percent polycyclic aromatic hydrocarbons by weight.

AB68,1406,5 (2) Prohibitions. (a) Beginning January 1, 2022, no person may sell or offer for sale a coal tar sealant product or high PAH sealant product, except as provided in sub. (3).

AB68,1406,7 (b) Beginning July 1, 2022, no person may apply a coal tar sealant product or high PAH sealant product, except as provided in sub. (3).

AB68,1406,9 (3) Exemptions. The department may grant an exemption to the prohibitions under sub. (2) to any of the following upon written request:

AB68,1406,11 (a) A person who is researching the effects of a coal tar sealant product or high PAH sealant product on the environment.

AB68,1406,13 (b) A person who is developing an alternative technology if the use of a coal tar sealant product or high PAH sealant product is required for research or development.

AB68,2676 Section 2676 . 301.01 (1n) of the statutes is amended to read:

AB68,1406,17 301.01 (1n) “Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).

AB68,2677 Section 2677 . 301.01 (1n) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,1406,22 301.01 (1n) “Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4m), or (7g), or 938.357 (3) or (4).

AB68,2678 Section 2678 . 301.01 (1s) of the statutes is created to read:

AB68,1406,25 301.01 (1s) “Mendota juvenile treatment center” means the center established and operated by the department of health services under s. 46.057.

AB68,2679 Section 2679. 301.025 of the statutes is amended to read:

AB68,1407,6 301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, community supervision under s. 938.533, 2019 stats., and the serious juvenile offender program under s. 938.538.

AB68,2680 Section 2680 . 301.03 (6s) of the statutes is created to read:

AB68,1407,10 301.03 (6s) No later than June 15 each year, submit the following reports to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), and the director of state courts:

AB68,1407,18 (a) A report on revocation of probation, parole, and extended supervision. The report shall include the rate of recidivism, as defined in s. 302.05 (4) (a), among probationers, parolees, and persons on extended supervision by region and demographics, including the level of the recidivism event, the number of and reason for revocations of probation, parole, and extended supervision by region and demographics, the number and lengths of short-term sanctions imposed under s. 302.115, and an accounting of the cost savings for the preceding 12-month period that resulted from the use of short-term sanctions in lieu of revocations.

AB68,1408,2 (b) A report on the earned compliance credit provided under s. 973.156 and early discharge from extended supervision under s. 973.01 (5m) in the 12 months preceding the report. The report shall include the demographics of individuals who received the earned compliance credit or were discharged early by region and demographics and the rate of recidivism, as defined in s. 302.05 (4) (a), among those individuals, and an accounting of the cost savings from reduced days of incarceration or reduced days of parole or extended supervision that resulted from the earned compliance credit under s. 973.156 or early discharge under s. 973.01 (5m).

AB68,2681 Section 2681. 301.03 (10) (d) of the statutes is amended to read:

AB68,1408,12 301.03 (10) (d) Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning and the release of juvenile offenders who are under the supervision of the department from juvenile correctional facilities or secured residential care centers for children and youth to aftercare or community supervision placements and for the release of individuals subject to an extended juvenile disposition imposed under ss. 938.34 (4p) and 938.369. The department shall promulgate rules establishing the process and release criteria for individuals subject to an extended juvenile disposition.

AB68,2682 Section 2682. 301.03 (12m) of the statutes is created to read:

AB68,1408,15 301.03 (12m) Cooperate and coordinate its activities with the University of Wisconsin System to provide a baccalaureate degree program for prisoners.

AB68,2683 Section 2683 . 301.035 (2) of the statutes is amended to read:

AB68,1408,19 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 302.115, 938.357 (5), 973.10 and 975.10 (2) and ch. 304.

AB68,2684 Section 2684. 301.08 (1) (b) 3. of the statutes is amended to read:

AB68,1409,7 301.08 (1) (b) 3. Contract with public, private, or voluntary agencies for the supervision, maintenance, and operation of juvenile correctional facilities, residential care centers for children and youth, as defined in s. 938.02 (15d), and secured residential care centers for children and youth for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183, or 938.34 (4d), (4h), or (4m), or s. 938.34 (4d) or (4h), 2019 stats. The department may designate a juvenile correctional facility or a residential care center for children and youth contracted for under this subdivision as a Type 2 juvenile correctional facility, as defined in s. 938.02 (20), 2019 stats., and may designate a residential care center for children and youth contracted for under this subdivision as a Type 2 residential care center for children and youth, as defined in s. 938.02 (19r), 2019 stats.

AB68,2685 Section 2685 . 301.12 (2) of the statutes is amended to read:

AB68,1410,5 301.12 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including a person placed under s. 938.183, 938.32 (1) (bm) or (c), 938.34 (4h) or (4m), or 938.357 (1), (2m), (4), or (5) (e), receiving care, maintenance, services, and supplies provided by any institution in this state operated or contracted for by the department, in which the state is chargeable with all or part of the person's care, maintenance, services, and supplies, and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s. 301.03 (18). If a spouse, widow surviving spouse, or minor, or an incapacitated person, may be lawfully dependent upon the property for his or her support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for that person. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt of the notice is not a condition of liability.

AB68,2686 Section 2686 . 301.12 (2m) of the statutes is amended to read:

AB68,1410,9 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and older adults receiving care, maintenance, services, and supplies provided by prisons named in s. 302.01.

AB68,2687 Section 2687 . 301.12 (14) (a) of the statutes is amended to read:

AB68,1410,21 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age minors in residential, nonmedical facilities such as group homes, foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17 becomes an adult, unless the liable person has prevented payment by any act or omission.

AB68,2688 Section 2688. 301.16 (1w) of the statutes is amended to read:

AB68,1410,25 301.16 (1w) The department shall may establish one or more Type 1 juvenile correctional facilities secured residential care centers for children and youth, as enumerated in 2017 Wisconsin Act 185, section 110 (10) (a).

AB68,2689 Section 2689. 301.16 (1x) of the statutes is amended to read:

AB68,1411,9 301.16 (1x) Inmates from the Wisconsin state prisons may be transferred to the institutions under this section, except that inmates may not be transferred to a Type 1 juvenile correctional facility secured residential care center for children and youth established under sub. (1w) unless required under s. 973.013 (3m). Inmates transferred under this subsection shall be subject to all laws pertaining to inmates of other penal institutions of this state. Officers and employees of the institutions shall be subject to the same laws as pertain to other penal institutions. Inmates shall not be received on direct commitment from the courts.

AB68,2690 Section 2690. 301.18 (1) (fm) of the statutes is amended to read: