254.166 (2) (d) Notify the owner of the dwelling or premises of the presence of a lead hazard. The
(2m) If the department determines that a lead hazard is present in any dwelling or premises, the local health department shall and the department may issue an order that requires reduction or elimination of an imminent lead hazard within 5 days after the order's issuance and reduction or elimination of other lead hazards within 30 days after the order's issuance, except that, for orders that are issued between October 1 and May 1 and that relate only to exterior lead hazards that are not imminent lead hazards, the order may require elimination or reduction of the lead hazard no earlier than the June 1 immediately following the order's issuance. If the department
agency that issued the order determines that the owner has good cause for not complying with the order within the 5-day or 30-day time period, the department the agency may extend the time period within which the owner is required to comply with the order. The failure to comply with the department's an order within the time prescribed or as extended by the department shall be prima facie evidence of negligence in any action brought to recover damages for injuries incurred after the time period expires. If an order to conduct lead hazard reduction is issued by the department or by a local health department and if the owner of the dwelling or premises complies with that order, there is a rebuttable presumption that the owner of the dwelling or premises has exercised reasonable care with respect to lead poisoning or lead exposure caused, after the order has been complied with, by lead hazards covered by the order, except that with respect to interim control activities the rebuttable presumption continues only for the period for which the interim control activity is reasonably expected to reduce or eliminate the lead hazard.
25,2138
Section
2138. 254.166 (2) (e) of the statutes is renumbered 254.166 (2r) and amended to read:
254.166 (2r) If an order is issued under par. (d), The department may conduct or require a certified lead risk assessor or other person certified under s. 254.176 to conduct a lead investigation, a check of work completed, and dust tests for the presence of hazardous levels of lead to ensure compliance with the an order
issued under sub. (2m).
25,2141
Section
2141. 254.171 of the statutes is repealed.
254.173 (3) (c) 1. The owner receives an order under s. 254.166 (2) (d) (2m) and fails to comply with the order.
25,2143
Section
2143. 254.179 (1) (c) 2. (intro.) of the statutes is amended to read:
254.179 (1) (c) 2. (intro.) The standards limiting the length of validity of a certificate of lead-safe status, including the condition of a premises, dwelling, or unit of a dwelling, the type of lead hazard reduction activity that was performed, if any, and any other requirements that must be met to maintain certification, unless the certificate is earlier revoked because of erroneous issuance or because the premises, dwelling, or unit of the dwelling is not safe from lead-bearing paint hazards. The rules shall specify that the face of the certificate shall indicate the certificate's length of validity. The rules shall further specify that applications for certificates of lead-safe status for identical premises may be made only as follows:
25,2144
Section
2144. 254.179 (1) (c) 2. a., b. and c. of the statutes are repealed.
25,2145
Section
2145. 254.911 (1) of the statutes is amended to read:
254.911 (1) "Cigarette" has the meaning given in s. 139.30 (1) (1m).
25,2145g
Section 2145g. 254.92 (2m) of the statutes is created to read:
254.92 (2m) No person may purchase cigarettes on behalf of, or to provide to, any person who is under 18 years of age. Any person who violates this subsection may be:
(a) Required to forfeit not more than $500 if the person has not committed a previous violation within 30 months of the violation.
(b) Fined not more than $500 or imprisoned for not more than 30 days or both if the person has committed a previous violation within 30 months of the violation.
(c) Fined not more than $1,000 or imprisoned for not more than 90 days or both if the person has committed 2 previous violations within 30 months of the violation.
(d) Fined not more than $10,000 or imprisoned for not more than 9 months or both if the person has committed 3 or more previous violations within 30 months of the violation.
25,2146
Section
2146. 255.06 (2) (intro.) of the statutes is amended to read:
255.06 (2) Well-woman program. (intro.) From the appropriation under s. 20.435 (5) (cb), the department shall administer a well-woman program to provide reimbursement for health care screenings, referrals, follow-ups, case management, and patient education provided to low-income, underinsured, and uninsured women. Reimbursement to service providers under this section shall be at the rate of reimbursement for identical services provided under medicare, except that, if projected costs under this section exceed the amounts appropriated under s. 20.435 (5) (cb), the department shall modify services or reimbursement accordingly. Within this limitation, the department shall implement the well-woman program to do all of the following:
25,2147
Section
2147. 255.06 (2) (a) (intro.) of the statutes is renumbered 255.06 (2) (a) and amended to read:
255.06 (2) (a) Breast cancer screening services. Provide not more than $422,600 in each fiscal year as reimbursement for the provision of breast cancer screening services to women who are aged 40 years or older and whose income does not exceed 250 percent of the poverty line, by a hospital or organization that has a mammography unit available for use and that is selected by the department under procedures established by the department. Recipients of services under this paragraph are subject to a copayment, payable to the service provider, for which the department shall reduce reimbursement to the service provider, as follows: The department shall reduce reimbursement for a service provided under this paragraph by the amount of any applicable 3rd-party coverage.
25,2148
Section
2148. 255.06 (2) (a) 1. to 3. of the statutes are repealed.
25,2149
Section
2149. 255.06 (2) (e) of the statutes is amended to read:
255.06 (2) (e) Health care screening, referral, follow-up, case management, and patient education. Reimburse service providers for the provision of health care screening, referral, follow-up, case management, and patient education to low-income, underinsured, and uninsured women.
25,2149g
Section 2149g. 255.15 (3) (bm) of the statutes is created to read:
255.15 (3) (bm) From the appropriation under s. 20.435 (5) (fm), the department shall distribute $96,000 annually for programs to discourage use of smokeless tobacco.
25,2149h
Section 2149h. 255.15 (3) (c) of the statutes is amended to read:
255.15 (3) (c) No recipient of moneys distributed under par. (b) or (bm) may expend more than 10% of those moneys for administrative costs.
25,2151
Section
2151. 281.58 (1) (cg) of the statutes is amended to read:
281.58 (1) (cg) "Market interest rate" means the interest at the effective rate of a revenue obligation issued by the state to fund a project loan or a portion of a project loan under the clean water fund program has the meaning given in s. 281.59 (1) (b).
25,2152
Section
2152. 281.58 (2m) (e) of the statutes is amended to read:
281.58
(2m) (e) Inspect periodically clean water fund project construction to determine project compliance with construction plans and specifications
approved by the department and the requirements of this section and s. 281.59 and, if applicable, of
33 USC 1251 to
1376 and
33 USC 1381 to
1387 and the regulations promulgated thereunder.
25,2152s
Section 2152s. 281.58 (9) (a) of the statutes is amended to read:
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 that are approvable by the department under this chapter. 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), (8m) and (13).
25,2153
Section
2153. 281.58 (9) (ae) of the statutes is amended to read:
281.58 (9) (ae) A municipality that submits an application under par. (a) without design plans and specifications may obtain an initial determination of financial eligibility from the department of administration. The department of natural resources may not approve a municipality's application until the municipality submits approvable design plans and specifications.
25,2154
Section
2154. 281.58 (15) (a) (intro.) and 1. of the statutes are consolidated, renumbered 281.58 (15) (a) and amended to read:
281.58 (15) (a) The department and the department of administration may, at the request of a municipality, issue a notice of financial assistance commitment to the municipality after all of the following occur: 1. The
the department approves the municipality's application under sub. (9m) (a) and the department of administration has allocated subsidy for the municipality's project.
25,2155
Section
2155. 281.58 (15) (a) 2. of the statutes is repealed.
25,2156
Section
2156. 281.59 (1) (b) of the statutes is amended to read:
281.59 (1) (b) "Market interest rate" means the
interest at the effective interest rate of a on a fixed-rate revenue obligation issued by the state to fund a loan or a portion of a loan for a project under the clean water fund program made under this section or, for a variable rate obligation, the effective interest rate that the department of administration determines would have been paid if the variable rate obligation had been sold at a fixed rate.
25,2157
Section
2157. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:
281.59 (3e) (b) 1. Equal to $90,000,000 $109,600,000 during the 2003-05
2005-07 biennium.
3. Equal to $1,000 for any biennium after the 2003-05 2005-07 biennium.
25,2158
Section
2158. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:
281.59 (3m) (b) 1. Equal to $4,000,000
$2,700,000 during the 2003-05 2005-07 biennium.
2. Equal to $1,000 for any biennium after the 2003-05 2005-07 biennium.
25,2159
Section
2159. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:
281.59 (3s) (b) 1. Equal to
$12,800,000 $10,800,000 during the 2003-05 2005-07 biennium.
2. Equal to $1,000 for any biennium after the 2003-05 2005-07 biennium.
25,2160
Section
2160. 281.61 (1) (b) of the statutes is amended to read:
281.61 (1) (b) "Market interest rate" means the interest at the effective rate of a revenue obligation issued by this state to fund a loan or portion of a loan for a clean water fund program project under s. 281.58 has the meaning given in s. 281.59 (1) (b).
25,2192
Section
2192. 285.01 (17m) of the statutes is created to read:
285.01 (17m) "Entire facility" means all stationary sources that are under the control of one person or under the control of persons who are under common control and that are located on contiguous properties.
25,2192p
Section 2192p. 285.66 (1) of the statutes is amended to read:
285.66 (1) Construction. Unless otherwise specified in the permit, a construction permit, the authorization to construct, reconstruct, replace, or modify a stationary source is valid for 18 months from the date of issuance of the permit unless the permit is revoked or suspended. The department may extend the term of the authorization in the construction permit for the purposes of commencing or completing construction, reconstruction, replacement, or modification. Unless otherwise specified in a construction permit, the department may only extend the term of the authorization in the permit for up to 18 additional months beyond the original 18-month period. If construction, reconstruction, replacement, or modification is not completed within the term specified in the permit or any extension granted by the department, the applicant shall apply for a new construction permit. Notwithstanding the fact that authorization to construct, reconstruct, replace, or modify a source expires under this subsection, all conditions in a construction permit are permanent unless the conditions are revised through a revision of the construction permit or through the issuance of a new construction permit.
25,2192v
Section 2192v. 285.69 (1) (a) of the statutes is renumbered 285.69 (1) (a) (intro.) and amended to read:
285.69 (1) (a) Application for permit. (intro.) Reviewing and acting upon any application for a construction permit., except that the department may not impose a fee on any of the following persons who apply for a construction permit:
25,2192w
Section 2192w. 285.69 (1) (a) 1. to 3. of the statutes are created to read:
285.69 (1) (a) 1. An owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act if the entire facility is covered by a registration permit under s. 285.60 (2g).
2. An owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act if the entire facility is covered by a general permit under s. 285.60 (3).
3. An owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act for which the department has issued an operation permit, if the owner or operator has paid the fee under sub. (2) (h) at any time before applying for the construction permit.
25,2193
Section
2193. 285.69 (1d) of the statutes is created to read:
285.69 (1d) Request for waiver of construction permit requirement. An owner or operator that requests a waiver under s. 285.60 (5m) of the requirement to obtain a construction permit shall pay to the department a fee of $300.
25,2194
Section
2194. 285.69 (1g) of the statutes is created to read:
285.69 (1g) Annual fees for operation permit exemption. The owner or operator of a stationary source that is exempt from the requirement to obtain an operation permit under s. 285.62 shall pay to the department a fee of $300 per year if the stationary source had actual emissions of a regulated pollutant in excess of 3 tons in the preceding year.
25,2196d
Section 2196d. 285.69 (2) (c) (intro.) of the statutes is amended to read:
285.69 (2) (c) (intro.) The fees collected under pars. (a) and (e) from the owner or operator of a stationary source for which an operation permit is required under the federal clean air act shall be credited to the appropriations under s. 20.370 (2) (bg), (3) (bg), (8) (mg) and (9) (mh) for the following:
25,2196g
Section 2196g. 285.69 (2) (f) of the statutes is created to read:
285.69 (2) (f) Notwithstanding pars. (a) and (e), the owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act shall pay to the department a fee of $1,100 for a year if the preceding year was the first year in which the entire facility was covered by a registration permit under s. 285.60 (2g). Paragraphs (a) and (e) apply in all other years.
25,2196h
Section 2196h. 285.69 (2) (g) of the statutes is created to read:
285.69 (2) (g) Notwithstanding pars. (a) and (e), the owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act shall pay to the department a fee of $2,300 for a year if the preceding year was the first year in which the entire facility was covered by a general permit under s. 285.60 (3) and the facility was first covered by an operation permit after the effective date of this paragraph .... [revisor inserts date]. Paragraphs (a) and (e) apply in all other years.
25,2196i
Section 2196i. 285.69 (2) (h) of the statutes is created to read:
285.69 (2) (h)
1. Notwithstanding pars. (a) and (e), the owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act may elect to pay the department a fee of $7,500 for a year if the entire facility was not covered by a registration operation permit under s. 285.60 (2g) or by a general operation permit under s. 285.60 (3) in the preceding year and the owner or operator has not previously elected to pay the fee under this subdivision. Paragraphs (a) and (e) apply in all other years.
2. Notwithstanding subd. 1. and pars. (a) and (e), for 2006 only, the owner or operator of an entire facility for which an operation permit is required under s. 285.60 but not under the federal clean air act and that is not a synthetic minor source, as defined in NR 407.02 (9), Wis. Adm. Code, shall pay a fee of $300 if the entire facility was not covered by a registration operation permit under s. 285.60 (2g) or by a general operation permit under s. 285.60 (3) in 2005.
25,2196j
Section 2196j. 285.69 (2) (i) of the statutes is created to read:
285.69 (2) (i) The fees collected under this subsection from the owner or operator of a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act and under sub. (1g) shall be credited to the appropriation account under s. 20.370 (2) (bh) 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:
1. The costs of reviewing and acting on applications for operation permits; implementing and enforcing operation permits except for court costs or other costs associated with an enforcement action; monitoring emissions and ambient air quality; preparing rules and materials to assist persons who are subject to the operation permit program; ambient air quality modeling; preparing and maintaining emission inventories; and any other direct and indirect costs of the operation permit program.
2. Costs of any other activities related to stationary sources of air contaminants.
25,2198
Section
2198. 287.26 of the statutes is created to read:
287.26 Business waste reduction and recycling assistance. The department may contract with a nonprofit organization for services to assist businesses to reduce the amount of solid waste generated or to reuse or recycle solid waste.
The department may not provide more than $250,000 annually under a contract under this section. The department may not provide funds under this section in an amount that exceeds 50 percent of the costs of the services to be provided under the contract. The department shall include in any contract under this section goals and objectives for the services to be provided, methods to measure progress toward the goals and objectives, and a schedule for reporting to the department on the use of funds and progress towards the goals and objectives.
25,2198t
Section 2198t. 289.64 (3) of the statutes is amended to read:
289.64 (3) Amount of solid waste facility siting board fee. The fee imposed under this section is 1.7 0.7 cents per ton for solid waste or hazardous waste.
25,2198x
Section 2198x. 289.645 (3) of the statutes is amended to read:
289.645 (3) Amount of recycling fee. The fee imposed under this section is $3 $2.25 per ton for all solid waste other than high-volume industrial waste.
25,2199
Section
2199. 289.645 (4) (e) of the statutes is created to read:
289.645 (4) (e) The recycling fee does not apply to waste material that is removed from recycled materials intended for use as recycled fiber by a person that makes paper, pulp, or paperboard from wastepaper, if the waste material cannot be used to make paper, pulp, or paperboard.
