Wisconsin Legislature: 9,2555s

(b) "Electric cooperative" has the meaning given in s. 76.48 (1g) (c).

(d) "Northwestern county" means Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Iron, Jackson, La Crosse, Monroe, Pepin, Pierce, Polk, Price, Rusk, Sawyer, St. Croix, Taylor, Trempealeau, Vernon or Washburn county.

(e) "Other county" means a county that is not a northwestern county.

(f) "Public utility" has the meaning given in s. 196.01 (5).

(g) "State implementation plan" means a state implementation plan for control of atmospheric ozone in another state.

(h) "Summer" means the period beginning on May 1 and ending on September 30 of each year.

(2) Applicability. This section applies if the department of natural resources, pursuant to a call, issues a state implementation plan that requires electric generating facilities in the midcontinent area of this state to comply with nitrogen oxide emission reduction requirements. If the department of natural resources issues such a plan, the department of natural resources shall notify the department of administration and the public service commission. The notice shall specify the date on which electric generating facilities in the midcontinent area of this state are required to comply with the initial nitrogen oxide emission reduction requirements.

(3) Nitrogen oxide emissions standards and limitations. (a) In establishing nitrogen oxide emission reduction requirements for the control of atmospheric ozone in another state pursuant to a call, the department may not, in a state implementation plan, by rule or through the adoption of control strategies, establish nitrogen oxide emissions standards or limitations that do any of the following:

1. Require less than 2,234 tons, or the greater number of tons determined under par. (d) 1., in total nitrogen oxide emissions each summer from all electric generating facilities located in northwestern counties that are owned by electric cooperatives.

2. Require less than 315 tons, or the greater number of tons determined under par. (d) 1., in total nitrogen oxide emissions each summer from all electric generating facilities located in northwestern counties that are owned by public utilities.

3. Require less than 15,157 tons, or the greater number of tons determined under par. (d) 1., in total nitrogen oxide emissions each summer from all electric generating facilities located in other counties owned by public utilities or electric cooperatives.

(b) The department shall issue emissions allowances in a number that is sufficient to allow the emissions specified in par. (a).

(c) The department may not, based on this section, require reductions of nitrogen oxide emissions that are in addition to any reductions required in a state implementation plan from any of the following:

1. Any stationary source located in this state that is not an electric generating facility owned by a public utility or electric cooperative.

2. Any mobile source.

(d) If the department of natural resources implements a state implementation plan specified in sub. (2) in a manner that requires reductions in nitrogen oxide emissions that are lower than the reductions set forth in the call published on October 27, 1998, the department of natural resources shall do each of the following:

1. Determine the amounts by which the number of tons specified in par. (a) 1., 2. and 3. shall be increased to reflect the lower reductions.

2. Take action that is necessary to relax any related emissions control requirements in a manner that reflects the lower reductions.

3. Determine the amount by which the $2,400,000 in assessments under s. 196.86 (2) shall be decreased to reflect the lower reductions and provide notice of the decreased amount to the public service commission.

4. Determine the amount by which the $2,500,000 that is transferred to the air quality improvement fund under s. 16.958 (2) (a) shall be decreased to reflect the lower reductions and provide notice of the decreased amount to the department of administration.

(4) Low-income weatherization and energy conservation measures; renewable energy uses. The department shall ensure that at least 866 tons of total annual reductions in nitrogen oxide emissions required under the state implementation plan are achieved through any of the following:

(a) The use of renewable energy, including renewable energy that is provided by electric providers for the purpose of complying with the requirements of s. 196.378 (2) (a), or renewable energy that is used under programs specified in s. 196.374 (2) (d) that are funded by expenditures under s. 196.374 (3).

(b) The implementation of low-income weatherization and energy conservation measures, including programs established under s. 16.957 (2) (a) or (b) or programs specified in s. 196.374 (2) (a) or (b) that are funded by expenditures under s. 196.374 (3).

285.49 Trading program for nitrogen oxide emissions credits. The department shall establish or authorize air contaminant sources to participate in a market-based trading program for the purchase, sale and transfer of nitrogen oxide emissions credits for use in any state implementation plan under s. 285.11 (6) that requires reductions in nitrogen oxide emissions. To the extent allowed under federal law, the department shall allow nitrogen oxide emissions reductions by any source in this state, regardless of whether the source is subject to nitrogen oxide controls under a state implementation plan, to be purchased, sold or transferred under the trading program.

9,2555n Section 2555n. 285.69 (2) (a) 1. of the statutes is amended to read:

285.69 (2) (a) 1. That fees collected in a year before 2002 are based on actual emissions of all regulated pollutants and any other air contaminant specified by the department in the rules in the preceding year.

9,2555q Section 2555q. 285.69 (2) (a) 4. of the statutes is amended to read:

285.69 (2) (a) 4. That the fees collected in each year after 1994 and before 2002 are calculated by increasing the fees collected in the preceding year by the percentage by which the consumer price index, as defined in 42 USC 7661a (b) (3) (B) (v), increased in the preceding year.

9,2555s Section 2555s. 285.69 (2) (a) 5. of the statutes is amended to read:

285.69 (2) (a) 5. That fees are not based on emissions by an air contaminant source in excess of 4,000 5,000 tons per year of each regulated pollutant, except that, subject to par. (b), this limitation does not apply to a major utility, as defined in s. 285.41 (1) (f), that owns or operates a phase I affected unit as listed in Table A of 42 USC 7651c.

9,2555u Section 2555u. 285.69 (2) (a) 7. to 11. of the statutes are created to read:

285.69 (2) (a) 7. That the fees billed for a stationary source in each year after 2001 are based on the fees billed for the stationary source in 2001.

8. That the fee billed for each stationary source in each year after 2001 is based on the actual emissions of all regulated pollutants, and any other air contaminant specified by the department in the rules, in the preceding 5 years, using a 5-year rolling average.

9. That fees billed in years after 2001 are determined using a performance-based approach that increases a stationary source's fees in proportion to increases in the amount of pollutants emitted by the stationary source, as determined under subd. 8., and decreases a stationary source's fees in proportion to decreases in the amount of pollutants emitted by the stationary source, as determined under subd. 8.

10. That no multiplier or similar mechanism is used that would increase a stationary source's fees to compensate for decreases in overall amounts of emissions.

11. That no provision is used that would increase the fee per unit of pollutant emitted in order to compensate for decreases in overall amounts of emissions.

9,2555w Section 2555w. 285.69 (2) (b) of the statutes is amended to read:

285.69 (2) (b) The department may not charge a major utility fees on emissions in excess of 4,000 5,000 tons per year of each regulated pollutant beyond the amount necessary to recover the fees that would have been charged for any phase I affected unit listed in Table A of 42 USC 7651c owned by that major utility if the prohibition in par. (a) 6. did not exist.

9,2556 Section 2556. 285.69 (2) (c) (intro.) of the statutes is amended to read:

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

9,2557c Section 2557c. 285.69 (2) (e) of the statutes is created to read:

285.69 (2) (e) Beginning in 2001, the owner or operator of a stationary source for which an operation permit is required shall pay to the department an annual fee of $ 2.86 per ton of actual emissions in the preceding year of all air contaminants on which the fee under par. (a) is based.

9,2558 Section 2558. 285.69 (3) of the statutes is amended to read:

285.69 (3) Asbestos inspection fees. 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 may not exceed $200 $210 per project. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection projects regulated by the department.

9,2559 Section 2559. 285.86 of the statutes is created to read:

285.86 Asbestos citations. (1) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture from a person who commits a violation specified under sub. (2).

(2) The department shall promulgate rules that specify violations of rules relating to asbestos abatement and management that are promulgated under ss. 285.11, 285.13, 285.17 and 285.27 to which sub. (1) applies. In a rule promulgated under this subsection, the department may limit the applicability of sub. (1) based on the frequency of violation and on health and environmental risks caused by the violation.

(3) The department shall submit any proposed rules under sub. (2) to the department of justice. The department may not promulgate a rule under sub. (2) unless the rule is approved by the department of justice.

9,2560 Section 2560. 287.11 (2) (dm) of the statutes is repealed.

9,2560e Section 2560e. 287.23 (3) (a) of the statutes is repealed and recreated to read:

287.23 (3) (a) Subject to par. (am), a responsible unit is eligible for assistance under this section for a year before 2000 if the responsible unit has been determined under s. 287.11 to have an effective recycling program.

9,2560f Section 2560f. 287.23 (3) (ac) of the statutes is created to read:

287.23 (3) (ac) Subject to par. (am), a responsible unit is eligible for assistance under this section for 2000 if the responsible unit received assistance under this section for 1999 and the responsible unit has been determined under s. 287.11 to have an effective recycling program.

9,2560g Section 2560g. 287.23 (3) (ae) of the statutes is created to read:

287.23 (3) (ae) Subject to par. (am), a responsible unit is eligible for assistance under this section for a year after 2000 if the responsible unit has been determined under s. 287.11 to have an effective recycling program and one of the following applies:

1. The responsible unit has a residential collection program that serves 50% or more of the population of the responsible unit, that collects, at least monthly, newspaper, corrugated paper, magazines, aluminum containers, steel containers, containers made of polyethylene terephthalate and high-density polyethylene and glass containers and that is operated by the responsible unit under a contract, franchise license or ordinance that requires at least monthly collection of these materials.

2. The responsible unit has a drop-off program, that serves more than 50% of the population of the responsible unit, for collecting newspaper, corrugated paper, magazines, aluminum containers, steel containers, containers made of polyethylene terephthalate and high-density polyethylene and glass containers taken by individuals to a drop-off site that is owned by the responsible unit or is provided under a contract with another person and that is adequate in size and hours of operation to meet the needs of the responsible unit.

9,2560h Section 2560h. 287.23 (3) (ag) of the statutes is created to read:

287.23 (3) (ag) The department shall determine the population served by a residential collection program for the purposes of par. (ae) 1. and sub. (5d) (b) based on information provided by the responsible unit for the year 2 years before the year for which the department is determining the responsible unit's eligibility.

9,2560i Section 2560i. 287.23 (5) (intro.) of the statutes is amended to read:

287.23 (5) Grant award for years before 2000. (intro.) The For years before 2000, the department shall award a grant under this subsection to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b). Except as provided under sub. (5m) or (5p), the amount of the grant under this subsection shall be determined as follows:

9,2562e Section 2562e. 287.23 (5b) of the statutes is created to read:

287.23 (5b) Grant award for 2000. For 2000, the department shall award a grant under this subsection to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b). The department shall determine the amount of the grants under this subsection as follows:

(a) Determine the total amount that would have been awarded under this section for 1999 if no grants had been reduced under sub. (5p).

(b) Determine the amount that each responsible unit received under this section for 1999 or , for a responsible unit that had its grant for 1999 reduced under sub. (5p), the amount that the responsible unit would have received if its grant had not been reduced.

(c) Award to a responsible unit the proportion of the total amount available for grants under this section for 2000 that is equal to the proportion of the amount determined under par. (a) that the responsible unit received, or would have received, for 1999 as determined under par. (b).

9,2562m Section 2562m. 287.23 (5d) of the statutes is created to read:

287.23 (5d) Grant award for years after 2000. (a) Beginning with grants for the year 2001, the department shall award a grant under this subsection to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b).

(b) Except as provided in par. (c) or (d) or sub. (5p), the department shall award an eligible responsible unit a grant under this subsection equal to $7.90 times the population of the responsible unit if the responsible unit has a residential collection program that complies with sub. (3) (ae) 1. and the department shall award an eligible responsible unit a grant equal to $4.40 times the population of the responsible unit if the responsible unit has a drop-off program that complies with sub. (3) (ae) 2.

(c) A grant to a responsible unit under this subsection may not exceed the allowable expenses under sub. (3) (b) that the responsible unit incurred in the year 2 years before the year for which the grant is made.

(d) If the available funds are insufficient to pay the grant amounts determined under pars. (b) and (c), the department shall prorate the available funds.

9,2563dt Section 2563dt. 287.23 (5p) (a) of the statutes is amended to read:

287.23 (5p) (a) If a responsible unit submits its application under sub. (4) after October 1 but no later than October 10, the amount of the responsible unit's grant is 95% of the amount determined under sub. (5), (5d) or (5m).

9,2563ed Section 2563ed. 287.23 (5p) (b) of the statutes is amended to read:

287.23 (5p) (b) If a responsible unit submits its application under sub. (4) after October 10 but no later than October 20, the amount of the responsible unit's grant is 90% of the amount determined under sub. (5), (5d) or (5m).

9,2563eh Section 2563eh. 287.23 (5p) (c) of the statutes is amended to read:

287.23 (5p) (c) If a responsible unit submits its application under sub. (4) after October 20 but no later than October 30, the amount of the responsible unit's grant is 75% of the amount determined under sub. (5), (5d) or (5m).

9,2563ep Section 2563ep. 287.23 (5s) of the statutes is repealed.

9,2563er Section 2563er. 287.23 (6) of the statutes is amended to read:

287.23 (6) Disbursement. The department shall disburse 50% of a grant to the applicant upon after approval, but no later than February June 1 of the year for which the grant is made.

9,2563et Section 2563et. 287.23 (7) of the statutes is repealed.

9,2565c Section 2565c. 287.40 (title) and (intro.) of the statutes are repealed.

9,2565d Section 2565d. 287.40 (1) of the statutes is renumbered 560.031 (1) (a).

9,2565e Section 2565e. 287.40 (2) of the statutes is renumbered 560.031 (1) (b).

9,2565f Section 2565f. 287.40 (3) of the statutes is renumbered 560.031 (1) (c) and amended to read:

560.031 (1) (c) "Recovered material" means a material specified by the board under s. 287.42 (5) that is recovered from solid waste for recycling.

9,2565g Section 2565g. 287.40 (4) of the statutes is renumbered 560.031 (1) (e) and amended to read:

560.031 (1) (e) "Waste generator" means a person who generates solid waste that contains a material specified by the board under s. 287.42 (5) or a responsible unit.