2009 Wisconsin Act 28

289.01 (4m) "Building waste" means solid waste resulting from the construction, demolition, or razing of buildings.

28,2650g Section 2650g. 289.01 (5m) of the statutes is created to read:

289.01 (5m) "Construction landfill" means a solid waste disposal facility used for the disposal of only construction and demolition wastes.

28,2651g Section 2651g. 289.01 (5r) of the statutes is created to read:

289.01 (5r) "Construction and demolition waste" means solid waste resulting from the construction, demolition, or razing of buildings, roads, and other structures.

28,2656 Section 2656. 289.33 (3) (d) of the statutes is amended to read:

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) 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), (6), (7), (8), (10) and (11), 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, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30, 91.73, 196.58, 200.11 (8), 236.45, 281.43 or 349.16 or, subch. VIII of ch. 60, or subch III of ch. 91.

28,2656k Section 2656k. 289.51 (3) of the statutes is created to read:

289.51 (3) The department may not require that ash resulting from the burning of a structure for practice or instruction of fire fighters or the testing of fire fighting equipment be disposed of in a landfill licensed under s. 289.31.

28,2656h Section 2656h. 289.63 (1) of the statutes is amended to read:

289.63 (1) Imposition of groundwater and well compensation fees on generators. Except as provided under sub. (6), a generator of solid or hazardous waste shall pay separate groundwater and well compensation fees for each ton or equivalent volume of solid or hazardous waste which is disposed of at a licensed solid or hazardous waste disposal facility and for each ton or equivalent volume of building waste that is disposed of at a construction landfill. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the groundwater and well compensation fees to the licensed solid or hazardous waste disposal facility or to the construction landfill or to any intermediate hauler used to transfer wastes from collection points to a licensed facility or to a construction landfill. An intermediate hauler who receives groundwater and well compensation fees under this subsection shall pay the fees to the licensed solid or hazardous waste disposal facility or to the construction landfill. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

28,2656i Section 2656i. 289.64 (1) of the statutes is amended to read:

289.64 (1) Imposition of solid waste facility siting board fee on generators. Except as provided under sub. (4), a generator of solid waste or hazardous waste shall pay a solid waste facility siting board fee for each ton or equivalent volume of solid waste or hazardous waste that is disposed of at a licensed solid waste or hazardous waste disposal facility and for each ton or equivalent volume of building waste that is disposed of at a construction landfill. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the solid waste facility siting board fee to the licensed solid waste or hazardous waste disposal facility or to the construction landfill or to any intermediate hauler used to transfer wastes from collection points to a licensed facility or to a construction landfill. An intermediate hauler who receives the solid waste facility siting board fee under this subsection shall pay the fee to the licensed solid waste or hazardous waste disposal facility or to the construction landfill. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

28,2656j Section 2656j. 289.64 (2) of the statutes is amended to read:

289.64 (2) Collection. The owner or operator of a licensed solid waste or hazardous waste disposal facility or of a construction landfill shall collect the solid waste facility siting board fee from the generator, a person who arranges for disposal on behalf of one or more generators or an intermediate hauler and shall pay to the department the amount of the fee required to be collected according to the amount of solid waste or hazardous waste received and disposed of at the facility or at the construction landfill during the preceding reporting period.

28,2656jm Section 2656jm. 289.64 (5) of the statutes is amended to read:

289.64 (5) Reporting period. The reporting period under this section is the same as the reporting period under s. 289.62 (1). The owner or operator of any licensed solid waste or hazardous waste disposal facility or of any construction landfill shall pay the solid waste facility siting board fee required to be collected under sub. (2) at the same time as any tonnage fees under s. 289.62 (1) are paid.

28,2656k Section 2656k. 289.64 (7) (a) of the statutes is amended to read:

289.64 (7) (a) If a person required under sub. (1) to pay the solid waste facility siting board fee to a licensed solid waste or hazardous waste disposal facility or to a construction landfill fails to pay the fee, the owner or operator of the licensed solid waste or hazardous waste disposal facility or of the construction landfill shall submit to the department with the payment required under sub. (2) an affidavit stating facts sufficient to show the person's failure to comply with sub. (1).

28,2656L Section 2656L. 289.645 (1) of the statutes is amended to read:

289.645 (1) Imposition of recycling fee on generators. Except as provided under sub. (4), a generator of solid waste or hazardous waste shall pay a recycling fee for each ton or equivalent volume of solid waste or hazardous waste that is disposed of at a licensed solid waste or hazardous waste disposal facility and for each ton or equivalent volume of building waste that is disposed of at a construction landfill. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the recycling fee to the licensed solid waste or hazardous waste disposal facility or to the construction landfill or to any intermediate hauler used to transfer wastes from collection points to a licensed facility or to a construction landfill. An intermediate hauler who receives the recycling fee under this subsection shall pay the fee to the licensed solid waste or hazardous waste disposal facility or to the construction landfill. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

28,2656m Section 2656m. 289.645 (2) of the statutes is amended to read:

289.645 (2) Collection. The owner or operator of a licensed solid waste or hazardous waste disposal facility or of a construction landfill shall collect the recycling fee from the generator, a person who arranges for disposal on behalf of one or more generators or an intermediate hauler and shall pay to the department the amount of the fee required to be collected according to the amount of solid waste or hazardous waste received and disposed of at the facility or at the construction landfill during the preceding reporting period.

28,2657 Section 2657. 289.645 (3) of the statutes is amended to read:

289.645 (3) Amount of recycling fee. The fee imposed under this section is $4 $7 per ton for all solid waste other than high-volume industrial waste.

28,2657b Section 2657b. 289.645 (5) (intro.) of the statutes is amended to read:

289.645 (5) Payment. (intro.) The owner or operator of any licensed solid or hazardous waste disposal facility or of any construction landfill shall pay the recycling fee required to be collected under sub. (2) as follows:

28,2657d Section 2657d. 289.645 (7) (a) of the statutes is amended to read:

289.645 (7) (a) If a person required under sub. (1) to pay the recycling fee to a licensed solid waste or hazardous waste disposal facility or to a construction landfill fails to pay the fee, the owner or operator of the licensed solid waste or hazardous waste disposal facility or of the construction landfill shall submit to the department with the payment required under sub. (2) an affidavit stating facts sufficient to show the person's failure to comply with sub. (1).

28,2657f Section 2657f. 289.67 (1) (a) of the statutes is amended to read:

289.67 (1) (a) Imposition of fee. Except as provided under par. (f), a generator of solid or hazardous waste shall pay an environmental repair fee for each ton or equivalent volume of solid or hazardous waste which is disposed of at a licensed solid or hazardous waste disposal facility and for each ton of building waste that is disposed of at a construction landfill. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the environmental repair fee to the licensed solid or hazardous waste disposal facility or to the construction landfill to any intermediate hauler used to transfer wastes from collection points to a licensed facility. An intermediate hauler who receives environmental repair fees under this paragraph shall pay the fees to the licensed solid or hazardous waste disposal facility. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

28,2657h Section 2657h. 289.67 (1) (b) of the statutes is amended to read:

289.67 (1) (b) Collection. The owner or operator of a licensed solid or hazardous waste disposal facility or of a construction landfill shall collect the environmental repair fee from the generator, a person who arranges for disposal on behalf of one or more generators or an intermediate hauler and shall pay to the department the amount of the fees required to be collected according to the amount of solid or hazardous waste received and disposed of at the facility or at the construction landfill during the preceding reporting period.

28,2657u Section 2657u. 289.67 (1) (cm) of the statutes is amended to read:

289.67 (1) (cm) Amount of environmental repair fee. Except as provided under par. pars. (cv) and (d), the environmental repair fee imposed under par. (a) is 20 cents per ton.

28,2658 Section 2658. 289.67 (1) (cp) of the statutes is amended to read:

289.67 (1) (cp) Amount of environmental repair fee. Notwithstanding par. (cm) and except as provided under par. pars. (cv) and (d), the environmental repair fee imposed under par. (a) is 50 cents $1.60 per ton for solid or hazardous waste, other than high-volume industrial waste, disposed of before November 1, 2007 July 1, 2009, and $1.60 $5.70 per ton disposed of on or after November 1, 2007 July 1, 2009.

28,2658e Section 2658e. 289.67 (1) (cv) of the statutes is created to read:

289.67 (1) (cv) Environmental repair fee for certain sediments. The environmental repair fee imposed under par. (a) is $4.05 per ton for solid or hazardous waste disposed of on or after July 1, 2009, that consists of sediments that are contaminated with PCBs, as defined in s. 299.45 (1) (a), and that are removed from the bed of a navigable water of this state in connection with a phase of a project to remedy contamination of the bed of the navigable water if the quantity of the sediments removed, either in the phase or in combination with other planned phases of the project, will exceed 200,000 cubic yards and if removal of sediments under the project began before the effective date of this paragraph .... [LRB inserts date].

28,2658g Section 2658g. 289.67 (1) (g) of the statutes is amended to read:

289.67 (1) (g) Reporting period. The reporting period under this subsection is the same as the reporting period under s. 289.62 (1). The owner or operator of any licensed solid or hazardous waste disposal facility or of any construction landfill shall pay environmental repair fees required to be collected under par. (b) at the same time as any tonnage fees under s. 289.62 (1).

28,2658m Section 2658m. 289.67 (1) (i) 1. of the statutes is amended to read:

289.67 (1) (i) 1. If a person required under par. (a) to pay an environmental repair fee to a licensed solid or hazardous waste disposal facility or to a construction landfill fails to pay the fee, the owner or operator of the licensed solid or hazardous waste disposal facility or of the construction landfill shall submit to the department with the payment required under par. (b) an affidavit stating facts sufficient to show the person's failure to comply with par. (a).

28,2659 Section 2659. 289.67 (2) (b) 1. of the statutes is amended to read:

289.67 (2) (b) 1. A generator of hazardous waste shall pay a base fee of $210 $470, if the generator is a large quantity generator, or $350, if the generator is a small quantity generator if the generator has generated more than zero pounds in that particular year, plus $20 per ton of hazardous waste generated during the reporting year.

28,2660 Section 2660. 289.67 (2) (b) 2. of the statutes is amended to read:

289.67 (2) (b) 2. No generator may is required to pay a fee that is greater than $17,000 $17,500.

28,2661 Section 2661. 289.67 (2) (c) (intro.) of the statutes is amended to read:

289.67 (2) (c) (intro.) No tonnage fees may be assessed under par. (a) for the following hazardous wastes:

28,2662 Section 2662. 289.67 (2) (de) of the statutes is created to read:

289.67 (2) (de) The department shall promulgate a rule that defines "large quantity generator" and "small quantity generator" for the purposes of this subsection.

28,2663 Section 2663. 292.11 (7) (b) of the statutes is renumbered 292.11 (7) (b) 1.

28,2664 Section 2664. 292.11 (7) (b) 2. of the statutes is created to read:

292.11 (7) (b) 2. If the department authorizes reimbursement under subd. 1. to be paid over time, it shall require monthly payments of interest, at a rate determined by the department, on the unpaid balance of the reimbursement.

28,2665 Section 2665. 292.31 (8) (e) of the statutes is created to read:

292.31 (8) (e) Interest payment. If the department authorizes an amount that the state is entitled to recover under this subsection to be paid over time, it shall require monthly payments of interest, at a rate determined by the department, on the unpaid balance of that amount.

28,2665e Section 2665e. 292.68 (7) (b) of the statutes is amended to read:

292.68 (7) (b) The department may only approve reimbursement for costs incurred on or after the first day of the 24th month before the month in which the application is submitted, except that the department may approve reimbursement for costs incurred between May 1, 2007, and June 30, 2009, if the application is submitted before July 1, 2011.

28,2665m Section 2665m. 299.15 (3) (am) 3. of the statutes is amended to read:

299.15 (3) (am) 3. After June 30, 1992, the fee under this paragraph shall be paid by each person required to obtain a permit under s. 283.31, other than a person who owns or operates a concentrated animal feeding operation. After June 30, 1992, the fee to be paid by a person under this paragraph shall be an amount determined under a rule promulgated by the department and shall be based on those pollutants included in the permit under s. 283.31 that are specified by the department by rule, the environmental harm caused by the pollutants discharged, the quantity of the pollutants discharged and the quality of the water receiving the discharge.

28,2665r Section 2665r. 299.93 (1) of the statutes is renumbered 299.93 (1) (intro.) and amended to read:

299.93 (1) (intro.) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or chs. 280 to 285 or 289 to 295 or a rule or order issued under this chapter or chs. 280 to 285 or 289 to 295, the court shall impose an environmental surcharge under ch. 814 equal to 10% the following:

(a) If the violation was committed before the effective date of this paragraph .... [LRB inserts date], 10 percent of the amount of the fine or forfeiture.

28,2665s Section 2665s. 299.93 (1) (b) of the statutes is created to read:

299.93 (1) (b) If the violation was committed on or after the effective date of this paragraph .... [LRB inserts date], 20 percent of the amount of the fine or forfeiture.

28,2666 Section 2666. 301.03 (3) of the statutes is amended to read:

301.03 (3) Administer parole, extended supervision , and probation matters, except that the decision to grant or deny parole or to grant extended supervision under s. 304.06 (1) to inmates shall be made by the parole earned release review 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 may discharge inmates from extended supervision under s. 973.01 (4m) and may modify a bifurcated sentence under s. 302.113 (9h), and the earned release review commission may modify a sentence under s. 302.1135. The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and persons placed on extended supervision to partially offset the costs of the program.

28,2666m Section 2666m. 301.03 (6t) of the statutes is amended to read:

301.03 (6t) On or before January 1 of each odd-numbered year, submit a report to the joint committee on finance and to the chief clerk of each house of the legislature on the use of overtime in the state correctional institutions, identifying the state correctional institution, and, for each correctional institution, the amount and costs of overtime at each correctional institution, and the reason for the overtime at each that correctional institution.

28,2666r Section 2666r. 301.03 (21) of the statutes is created to read:

301.03 (21) Notify the director of the office of state employee relations whenever a unit supervisor position in the division of adult institutions becomes vacant.

28,2667 Section 2667. 301.046 (4) (a) 1. of the statutes is amended to read:

301.046 (4) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

28,2668 Section 2668. 301.048 (2) (am) 3. of the statutes is amended to read:

301.048 (2) (am) 3. The parole earned release review commission grants him or her parole under s. 304.06 and requires his or her participation in the program as a condition of parole under s. 304.06 (1x).

28,2669 Section 2669. 301.048 (4m) (a) 1. of the statutes is amended to read:

301.048 (4m) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

28,2669h Section 2669h. 301.068 of the statutes is created to read:

301.068 Community services to reduce recidivism. (1) The department shall establish community services that have the goals of increasing public safety, reducing the risk that offenders on community supervision will reoffend, and reducing by 25 percent between the fiscal years 2007-08 and 2010-11 the recidivism rate of persons who are on probation, parole, or extended supervision following a felony conviction. In establishing community services under this section, the department shall consider the capacity of existing services and any needs that are not met by existing services.

(2) The community services to reduce recidivism under sub. (1) shall include all of the following:

(a) Alcohol and other drug treatment, including residential treatment, outpatient treatment, and aftercare.

(b) Cognitive group intervention.

(c) Day reporting centers.

(d) Treatment and services that evidence has shown to be successful and to reduce recidivism.

(3) The department shall ensure that community services established under sub. (1) meet all of the following conditions:

(a) The community services target offenders at a medium or high risk for revocation or recidivism as determined by valid, reliable, and objective risk assessment instruments that the department has approved.

(b) The community services provide offenders with necessary supervision and services that improve their opportunity to complete their terms of probation, parole, or extended supervision. The community services may include employment training and placement, educational assistance, transportation, and housing. The community services shall focus on mitigating offender attributes and factors that are likely to lead to criminal behavior.

(c) The community services use a system of intermediate sanctions on offenders for violations.

(d) The community services are based upon assessments of offenders using valid, reliable, and objective instruments that the department has approved.