2011 Wisconsin Act 32

32,2984n Section 2984n. 289.63 (6) (title) of the statutes is amended to read:

289.63 (6) (title) Exemption from groundwater and well compensation fees; for certain materials used in operation of the facility.

32,2984p Section 2984p. 289.63 (6) of the statutes is renumbered 289.63 (6) (a).

32,2984r Section 2984r. 289.63 (6) (b) of the statutes is created to read:

289.63 (6) (b) 1. In this paragraph, "natural disaster" means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm.

2. Solid waste materials that are generated as the result of a natural disaster are not subject to the groundwater and well compensation fees imposed under sub. (1) if all of the following apply:

a. The natural disaster resulted in a federal or state disaster declaration.

b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration.

c. The solid waste materials resulting from the natural disaster were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster.

d. The solid waste materials were removed as part of the disaster recovery effort and were segregated from other solid wastes when delivered to the solid waste disposal facility.

32,2984t Section 2984t. 289.64 (4) (title) of the statutes is amended to read:

289.64 (4) (title) Exemption from solid waste facility siting board fee; for certain materials used in operation of the facility.

32,2984v Section 2984v. 289.64 (4) of the statutes is renumbered 289.64 (4) (a).

32,2984x Section 2984x. 289.64 (4) (b) of the statutes is created to read:

289.64 (4) (b) 1. In this paragraph, "natural disaster" means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm.

2. Solid waste materials that are generated as the result of a natural disaster are not subject to the solid waste facility siting board fee imposed under sub. (1) if all of the following apply:

a. The natural disaster resulted in a federal or state disaster declaration.

b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration.

c. The solid waste materials were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster.

d. The solid waste materials were removed as part of the disaster recovery effort and were segregated from other solid wastes when delivered to the solid waste disposal facility.

32,2984z Section 2984z. 289.645 (4) (f) of the statutes is created to read:

289.645 (4) (f) 1. In this paragraph, "natural disaster" means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm.

2. Solid waste materials that are generated as the result of a natural disaster are not subject to the recycling fee imposed under sub. (1) if all of the following apply:

a. The natural disaster resulted in a federal or state disaster declaration.

b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration.

c. The solid waste materials were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster.

d. The solid waste materials were removed as part of the disaster recovery effort and were segregated from other solid wastes when delivered to the solid waste disposal facility.

32,2985b Section 2985b. 289.645 (6) of the statutes is amended to read:

289.645 (6) Use of recycling fees. The fees collected under sub. (2) shall be deposited in the recycling and renewable energy environmental fund.

32,2985f Section 2985f. 289.67 (1) (a) of the statutes is amended to read:

289.67 (1) (a) Imposition of fee. Except as provided under par. pars. (f) and (fm), 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. 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 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).

32,2985g Section 2985g. 289.67 (1) (fm) of the statutes is created to read:

289.67 (1) (fm) Exemption from environmental repair fee; certain materials resulting from natural disasters. 1. In this paragraph, "natural disaster" means a severe natural or human-caused flood or a severe tornado, heavy rain, or storm.

2. Solid waste materials that are generated as the result of a natural disaster are not subject to the environmental repair fee imposed under par. (a) if all of the following apply:

a. The natural disaster resulted in a federal or state disaster declaration.

b. The solid waste materials were generated within a municipality that was included in the federal or state disaster declaration.

c. The solid waste materials were disposed of in the solid waste disposal facility within 60 days after the occurrence of the natural disaster.

d. The solid waste materials were removed as part of the disaster recovery effort and were segregated from other solid wastes when delivered to the solid waste disposal facility.

32,2986 Section 2986. 292.11 (2) (e) of the statutes is amended to read:

292.11 (2) (e) The department shall report notifications that it receives under this subsection related to discharges from petroleum storage tanks, as defined in s. 101.144 (1) (bm), to the department of commerce safety and professional services.

32,2987 Section 2987. 292.11 (7) (d) 1m. b. of the statutes is amended to read:

292.11 (7) (d) 1m. b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 560.13 238.13 (1) (a).

32,2988 Section 2988. 292.12 (1) (a) of the statutes is amended to read:

292.12 (1) (a) "Agency with administrative authority" means the department of agriculture, trade and consumer protection with respect to a site over which it has jurisdiction under s. 94.73 (2), the department of commerce safety and professional services with respect to a site over which it has jurisdiction under s. 101.144 (2) (a), or the department of natural resources with respect to a site over which it has jurisdiction under s. 292.11 (7).

32,2989 Section 2989. 292.255 of the statutes is amended to read:

292.255 Report on brownfield efforts. The department of natural resources, the department of administration, and the department of commerce Wisconsin Economic Development Corporation shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 560.13 238.13 (1) (a).

32,2990 Section 2990. 292.33 (6) of the statutes is amended to read:

292.33 (6) Exception. A local governmental unit may not recover costs under this section for remedial activities conducted on a property or portion of a property with respect to a discharge after the department of natural resources, the department of commerce safety and professional services, or the department of agriculture, trade and consumer protection has indicated that no further remedial activities are necessary on the property or portion of the property with respect to the discharge.

32,2990r Section 2990r. 292.75 of the statutes is renumbered 238.133, and 238.133 (2), (3) (intro.), (4), (5) (intro.) and (c), (6) and (7), as renumbered, are amended to read:

238.133 (2) Duties of the department corporation. (a) The department corporation shall administer a program to award brownfield site assessment grants from the appropriation under s. 20.370 (6) (et) 20.192 (1) (s) to local governmental units for the purposes of conducting any of the eligible activities under sub. (3).

(b) The department corporation may not award a grant to a local governmental unit under this section if that local governmental unit caused the environmental contamination that is the basis for the grant request.

(c) The department corporation may only award grants under this section if the person that caused the environmental contamination that is the basis for the grant request is unknown, cannot be located or is financially unable to pay the cost of the eligible activities.

(d) The department corporation shall promulgate rules establish criteria as necessary to administer the program. Rules promulgated by the department The corporation under this paragraph may limit the total amount of funds that may be used to cover the costs of each category of eligible activity described in sub. (3).

(3) Eligible activities. (intro.) The department corporation may award grants to local governmental units to cover the costs of the following activities:

(4) Application for grant. The applicant shall submit an application on a form prescribed by the department corporation and shall include any information that the department corporation finds necessary to calculate the amount of a grant.

(5) Grant criteria. (intro.) The department corporation shall consider the following criteria when determining whether to award a grant:

(c) Other criteria that the department corporation finds necessary to calculate the amount of a grant.

(6) Limitation of grant. The total amount of all grants awarded to a local governmental unit in a fiscal year under this section shall be limited to an amount equal to 15% of the available funds appropriated under s. 20.370 (6) (et) 20.192 (1) (s) for the fiscal year.

(7) Matching funds. The department corporation may not distribute a grant unless the applicant contributes matching funds equal to 20% of the grant. Matching funds may be in the form of cash or in-kind contribution or both that exceeds 67 percent of eligible project costs .

32,2991b Section 2991b. 292.79 of the statutes is repealed.

32,2992 Section 2992. 293.11 of the statutes is amended to read:

293.11 Mine effect responsibility. The department shall serve as the central unit of state government to ensure that the air, lands, waters, plants, fish and wildlife affected by prospecting or mining in this state will receive the greatest practicable degree of protection and reclamation. The administration of occupational health and safety laws and rules that apply to mining shall remain exclusively the responsibility of the department of commerce safety and professional services. The powers and duties of the geological and natural history survey under s. 36.25 (6) shall remain exclusively the responsibility of the geological and natural history survey. Nothing in this section prevents the department of commerce safety and professional services and the geological and natural history survey from cooperating with the department in the exercise of their respective powers and duties.

32,2993 Section 2993. 299.13 (1m) (intro.) of the statutes is amended to read:

299.13 (1m) Promotion of pollution prevention. (intro.) In carrying out the duties under this section and ss. s. 36.25 (30) and 560.19, the department, the department of commerce and the center shall promote all of the following techniques for pollution prevention:

32,2994 Section 2994. 299.83 (8) (f) of the statutes is amended to read:

299.83 (8) (f) The department and the department of commerce safety and professional services shall jointly provide information about participation contracts and environmental management systems to potential participants in the program and to other interested persons. The department shall consult with the department of commerce safety and professional services about the administration of the program.

32,2995h Section 2995h. 301.03 (5d) of the statutes is created to read:

301.03 (5d) Ensure that the superintendent or other person in charge of each state correctional institution designates a person to meet with correctional officers employed at the institution to discuss potential or ongoing safety concerns at the institution and to develop solutions to the concerns.

32,2995k Section 2995k. 301.03 (5h) of the statutes is created to read:

301.03 (5h) Develop, with the assistance of the office of state employment relations, a policy for staff assignments that shall consider an employee's seniority when assigning shifts.

32,2999 Section 2999. 301.26 (3) (c) of the statutes is amended to read:

301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko), the department shall allocate funds to each county for services under this section.

32,3000 Section 3000. 301.26 (4) (b) of the statutes is amended to read:

301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2. and, 3., and 4. Except as provided in pars. (bm), (c), and (cm), liability shall apply to county departments under s. 46.21, 46.22, or 46.23 in the county of the court exercising jurisdiction under chs. 48 and 938 for each person receiving services from the department of corrections under s. 48.366, 938.183, or 938.34 or the department of health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections under ss. 48.366, 938.183, and 938.34 and the department of health services under s. 46.057 or 51.35 (3).

32,3001 Section 3001. 301.26 (4) (cm) 3. of the statutes is amended to read:

301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2. and, 3., and 4. for juvenile correctional services.

32,3002 Section 3002. 301.26 (4) (ct) of the statutes is created to read:

301.26 (4) (ct) 1. Subject to subd. 2. and notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, if there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close of a fiscal year, any unencumbered balance in the appropriation account under s. 20.410 (3) (ho) at the close of that fiscal year, less the amounts required by s. 20.410 (3) (ho) to be remitted to counties or transferred to the appropriation account under s. 20.410 (3) (kx), and any unencumbered balance in the appropriation account under s. 20.410 (3) (hr) at the close of that fiscal year, shall be transferred to the appropriation account under s. 20.410 (3) (hm), up to the amount that when added to other amounts credited to that appropriation account in that fiscal year equals the amount shown in the schedule under s. 20.005 (3) for that appropriation account for that fiscal year.

2. The total amount transferred at the end of a fiscal year under subd. 1. may not exceed the amount of the deficit in the appropriation account under s. 20.410 (3) (hm) for that fiscal year, and if that deficit is less than the total amount of the unencumbered balances available for transfer under subd. 1., the amount transferred from the appropriation accounts under s. 20.410 (3) (ho) and (hr) shall be in proportion to the respective unencumbered balance available for transfer from each of those appropriation accounts.

32,3002m Section 3002m. 301.26 (4) (cx) of the statutes is created to read:

301.26 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close of a fiscal biennium, the governor shall, to address that deficit, increase each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile correctional institution and for care for juveniles transferred from a correctional institution by $17, in addition to any increase due to actual costs, in the executive budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) (hm) is eliminated.

32,3003 Section 3003. 301.26 (4) (d) 2. of the statutes is amended to read:

301.26 (4) (d) 2. Beginning on January July 1, 2010 2011, and ending on June 30, 2010 2012, the per person daily cost assessment to counties shall be $270 $284 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $270 $284 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $298 for care in a residential care center for children and youth, $190 for care in a group home for children, $72 for care in a foster home, $124 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $101 $99 for departmental corrective sanctions services, and $40 for departmental aftercare services.

32,3004 Section 3004. 301.26 (4) (d) 3. of the statutes is amended to read:

301.26 (4) (d) 3. Beginning on July 1, 2010 2012, and ending on June 30, 2011 2013, the per person daily cost assessment to counties shall be $275 $289 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $275 $289 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $313 for care in a residential care center for children and youth, $200 for care in a group home for children, $75 for care in a foster home, $130 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $103 $100 for departmental corrective sanctions services, and $41 $40 for departmental aftercare services.

32,3005 Section 3005. 301.26 (4) (d) 4. of the statutes is created to read:

301.26 (4) (d) 4. The per person daily cost assessment to counties for care in a foster home, group home, or residential care center for children and youth shall be an amount equal to the amount the provider charges the department for that care as authorized by the department of children and families.

32,3006 Section 3006. 301.26 (6) (a) of the statutes is amended to read:

301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko) for purposes described in this section.