Amendment ASA1-AB100

AB100-ASA1,1529,2 287.235 Recycling grant program. The department shall develop, implement and administer a program to provide financial assistance to any responsible unit that, on or before October 1, 1999, has registered a recycling program as an effective recycling program under s. 287.115. The department shall pay to each responsible unit that is eligible for assistance under this section an amount that represents the same percentage of the total funds available for assistance under this section as the amount awarded to that responsible unit for 1999 under s. 287.23, 1995 stats. Assistance under this section may be awarded only for the year 2000. Assistance received under this section shall be expended only for expenses, including capital expenses, for planning, constructing or operating an effective recycling program registered under s. 287.115, except for expenses incurred in complying with the prohibition under s. 287.07 (2).

AB100-ASA1, s. 3620s Section 3620s. 287.41 (1) (a) of the statutes is amended to read:

AB100-ASA1,1529,7 287.41 (1) (a) Identification of priority recovered materials that will be the focus of market development efforts by the board. The board shall focus its efforts on the reuse of materials recovered from solid waste as well as on the recycling of those materials.

AB100-ASA1, s. 2619 Section 2619. 287.41 (3) of the statutes is amended to read:

AB100-ASA1,1529,13 287.41 (3) The board shall submit quarterly progress reports to the appropriate standing committees of the legislature, as determined by the presiding officer of each house, under s. 13.172 (3), describing the board's progress in implementing the strategic plan and how the board's technical assistance, awarding of financial assistance and other activities conform to the strategic plan.

AB100-ASA1, s. 3621g Section 3621g. 287.42 (1) (intro.) and (a) of the statutes are consolidated, renumbered 287.42 (1) and amended to read:

AB100-ASA1,1529,20 287.42 (1) Promote the development of sustainable, high-value markets for recovered materials on behalf of, and in cooperation with, waste generators and promote the orderly and efficient marketing of recovered materials by waste generators to do all of the following: (a) Maximize maximize the marketability of these recovered materials on a statewide basis.

AB100-ASA1, s. 3621m Section 3621m. 287.42 (1) (b) and (c) of the statutes are repealed.

AB100-ASA1, s. 2620 Section 2620. 287.42 (2s) of the statutes is repealed.

AB100-ASA1, s. 2621 Section 2621. 287.42 (5) of the statutes is amended to read:

AB100-ASA1,1530,4 287.42 (5) In consultation with the council on recycling, annually establish a list of materials recovered from solid waste for which financial assistance may be provided under this subchapter, which shall include the materials specified in s. 287.07 (3), based on the board's analysis of current and future markets for materials recovered from solid waste. The list shall give priority to materials specified in s. 287.07 (3) that will support community recycling efforts.

AB100-ASA1, s. 2622 Section 2622. 287.44 (1) of the statutes is amended to read:

AB100-ASA1,1530,6 287.44 (1) Provide Award financial assistance under s. 287.46.

AB100-ASA1, s. 2623 Section 2623. 287.44 (2) of the statutes is amended to read:

AB100-ASA1,1530,10 287.44 (2) Fund Award funding for research concerning markets for recovered materials and the development of markets for recovered materials to maintain present markets or to create new or expanded markets.

AB100-ASA1, s. 2624 Section 2624. 287.44 (3) of the statutes is amended to read:

AB100-ASA1,1530,13 287.44 (3) Fund Award funding for research to improve the recovery, processing or distribution of a recovered material.

AB100-ASA1, s. 2625 Section 2625. 287.46 (1) of the statutes is amended to read:

AB100-ASA1,1530,20 287.46 (1) The board may provide award financial assistance, directly or in cooperation with another person, to a governmental entity or a business entity to assist waste generators in the marketing of recovered materials or to develop markets for recovered materials. Forms of financial assistance provided awarded by the board, and by a recipient of financial assistance from awarded by the board, may include grants, loans and manufacturing rebates.

AB100-ASA1, s. 2626 Section 2626. 287.46 (3) of the statutes is amended to read:

AB100-ASA1,1531,2 287.46 (3) If the board awards assistance under sub. (1) that results in a loan being made by the recipient to another person, the board may direct that the repayments of the loan's principal and any interest either be repaid to the recipient for use in a revolving loan fund or returned to the board be repaid to the department of commerce. The board department of commerce shall credit any funds received under this subsection to the appropriation account under s. 20.143 (1) (L).

AB100-ASA1, s. 2627 Section 2627. 287.46 (4) of the statutes is renumbered 287.46 (4) (b) and amended to read:

AB100-ASA1,1531,8 287.46 (4) (b) In any biennium, the board department of commerce may not expend more than 10% of the amount appropriated under s. 20.143 (1) (tm) for that biennium for contracts with and financial assistance to responsible units and other local units of government.

AB100-ASA1, s. 2628 Section 2628. 287.46 (4) (a) of the statutes is created to read:

AB100-ASA1,1531,14 287.46 (4) (a) From the appropriations under s. 20.143 (1) (L) and (tm), the department of commerce shall provide financial assistance awarded by the board under this subchapter. Subject to par. (b), from the appropriation under s. 20.143 (1) (tm), the department of commerce shall pay contracts entered into by the board under s. 287.42 (3).

AB100-ASA1, s. 3631d Section 3631d. 287.48 of the statutes is amended to read:

AB100-ASA1,1531,19 287.48 Executive director for the board. The governor shall nominate, and with the advice and consent of the senate appoint, secretary of commerce shall appoint an executive director of the board outside of the classified service, to serve at the pleasure of the governor secretary of commerce.

AB100-ASA1, s. 2629 Section 2629. 287.49 of the statutes is repealed.

AB100-ASA1, s. 3632d Section 3632d. Subchapter III of chapter 287 [precedes 287.40] of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

AB100-ASA1, s. 2630 Section 2630. 289.43 (7) (e) 3. of the statutes is amended to read:

AB100-ASA1,1531,25 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the appropriation appropriations under s. 20.370 (2) (dg) and (9) (mj).

AB100-ASA1, s. 2631 Section 2631. 289.62 (1) (g) of the statutes is amended to read:

AB100-ASA1,1532,3 289.62 (1) (g) Use of tonnage fees. Tonnage fees paid by a nonapproved facility shall be paid into the environmental fund for environmental repair management.

AB100-ASA1, s. 2632 Section 2632. 289.63 (3) (b) of the statutes is amended to read:

AB100-ASA1,1532,7 289.63 (3) (b) The well compensation fee imposed under sub. (1) for solid waste or hazardous waste, excluding prospecting or mining waste, is one cent 4 cents per ton.

AB100-ASA1, s. 2633 Section 2633. 289.63 (8) of the statutes is amended to read:

AB100-ASA1,1532,13 289.63 (8) Use of groundwater, solid waste capacity and well compensation fees. The groundwater fees collected under sub. (2) shall be credited to the environmental fund for groundwater environmental management. The well compensation and solid waste capacity fees collected under sub. (2) shall be credited to the environmental fund for environmental repair management.

AB100-ASA1, s. 2634 Section 2634. 289.67 (1) (h) of the statutes is amended to read:

AB100-ASA1,1532,16 289.67 (1) (h) Use of environmental repair fee. The fees collected under par. (b) shall be credited to the environmental fund for environmental repair management.

AB100-ASA1, s. 2635 Section 2635. 289.67 (2) (c) 5. of the statutes is created to read:

AB100-ASA1,1532,20 289.67 (2) (c) 5. Hazardous wastes that are collected by a county under a program for the collection and disposal of chemicals that are used for agricultural purposes, including pesticides, as defined in s. 94.67 (25).

AB100-ASA1, s. 2636 Section 2636. 289.67 (2) (e) of the statutes is amended to read:

AB100-ASA1,1532,23 289.67 (2) (e) All moneys received under this subsection shall be credited to the environmental fund for environmental repair management.

AB100-ASA1, s. 2637 Section 2637. 289.67 (3) (c) of the statutes is amended to read:

AB100-ASA1,1533,3 289.67 (3) (c) Use of environmental repair base fees. Environmental repair base fees shall be credited to the environmental fund for environmental repair management.

AB100-ASA1, s. 2638 Section 2638. 289.67 (4) (c) of the statutes is amended to read:

AB100-ASA1,1533,7 289.67 (4) (c) Use of environmental repair surcharge. Environmental repair surcharges shall be credited to the environmental fund for environmental repair management.

AB100-ASA1, s. 2639 Section 2639. 292.01 (18) of the statutes is amended to read:

AB100-ASA1,1533,10 292.01 (18) "Site or facility" means, except in ss. s. 292.35 and 292.61, an approved facility, an approved mining facility, a nonapproved facility or a waste site.

AB100-ASA1, s. 2640 Section 2640. 292.11 (6) (c) 1. of the statutes is amended to read:

AB100-ASA1,1533,13 292.11 (6) (c) 1. Reimbursements to the department under sub. (7) (b) shall be credited to the environmental fund for environmental repair management.

AB100-ASA1, s. 2641 Section 2641. 292.11 (7) (d) of the statutes is created to read:

AB100-ASA1,1533,19 292.11 (7) (d) 1. The department may negotiate and enter into an agreement containing a schedule for conducting nonemergency actions required under sub. (3) with a person who possesses or controls a hazardous substance that was discharged or who caused the discharge of a hazardous substance if the discharge does not endanger public health.

AB100-ASA1,1533,22 2. The department may charge fees, in accordance with rules that it promulgates, to offset the costs of negotiating and entering into an agreement under subd. 1.

AB100-ASA1, s. 2642 Section 2642. 292.11 (7) (e) of the statutes is created to read:

AB100-ASA1,1534,3 292.11 (7) (e) If a person violates an order under par. (c) or an agreement under par. (d), the department may refer the matter to the department of justice for enforcement under s. 299.95.

AB100-ASA1, s. 2643 Section 2643. 292.11 (9) (e) 1. of the statutes is repealed and recreated to read:

AB100-ASA1,1534,7 292.11 (9) (e) 1. "Local governmental unit" means a municipality, a redevelopment authority created under s. 66.431, a public body designated by a municipality under s. 66.435 (4) or a housing authority.

AB100-ASA1, s. 2644 Section 2644. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:

AB100-ASA1,1534,12 292.11 (9) (e) 1m. (intro.) A municipality local governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired by the municipality before, on or after May 13, 1994, in local government unit if any of the following ways applies:

AB100-ASA1, s. 3655m Section 3655m. 292.11 (9) (e) 1m. a. of the statutes is amended to read:

AB100-ASA1,1534,16 292.11 (9) (e) 1m. a. Through The local governmental unit acquired the property through tax delinquency proceedings or as the result of an order by a bankruptcy court.

AB100-ASA1, s. 2645 Section 2645. 292.11 (9) (e) 1m. b. of the statutes is amended to read:

AB100-ASA1,1534,20 292.11 (9) (e) 1m. b. From a municipality The local governmental unit acquired the property from a local governmental unit that acquired the property under a method described in subd. 1m. a.

AB100-ASA1, s. 3656e Section 3656e. 292.11 (9) (e) 1m. c. and d. of the statutes are created to read:

AB100-ASA1,1534,23 292.11 (9) (e) 1m. c. The local governmental unit acquired the property through condemnation or other proceeding under ch. 32.

AB100-ASA1,1534,25 d. The local governmental unit acquired the property for the purpose of slum clearance or blight elimination.

AB100-ASA1, s. 2646 Section 2646. 292.11 (9) (e) 1s. of the statutes is created to read:

AB100-ASA1,1535,9 292.11 (9) (e) 1s. An economic development corporation described in section 501 (c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired before, on or after the effective date of this subdivision .... [revisor inserts date], if the property is acquired to further the economic development purposes that qualify the corporation as exempt from federal taxation.

AB100-ASA1, s. 2647 Section 2647. 292.11 (9) (e) 2. of the statutes is amended to read:

AB100-ASA1,1535,12 292.11 (9) (e) 2. Subdivision 1. does Subdivisions 1m. and 1s. do not apply to a discharge of a hazardous substance caused by any of the following:

AB100-ASA1,1535,13 a. An action taken by the municipality local governmental unit or corporation.

AB100-ASA1,1535,16 b. A failure of the municipality local governmental unit or corporation to take appropriate action to restrict access to the property in order to minimize costs or damages that may result from unauthorized persons entering the property.

AB100-ASA1,1535,19 c. A failure of the municipality local governmental unit or corporation to sample and analyze unidentified substances in containers stored aboveground on the property.

AB100-ASA1,1535,23 d. A failure of the municipality local governmental unit or corporation to remove and properly dispose of, or to place in a different container and properly store, any hazardous substance stored aboveground on the property in a container that is leaking or is likely to leak.

AB100-ASA1, s. 2648 Section 2648. 292.11 (9) (e) 3. of the statutes is created to read:

AB100-ASA1,1536,3 292.11 (9) (e) 3. Subdivisions 1m. and 1s. do not apply if the discharge is a discharge of a hazardous substance from an underground storage tank that is regulated under 42 USC 6991 to 6991i.

AB100-ASA1, s. 2649 Section 2649. 292.11 (9) (e) 4. of the statutes is created to read:

AB100-ASA1,1536,11 292.11 (9) (e) 4. Subdivisions 1m. and 1s. do not apply if, after considering the intended development and use of the property, the department determines that action is necessary to reduce to acceptable levels any substantial threat to public health or safety when the property is developed or put to that intended use, the department directs the local governmental unit or corporation to take that necessary action and the local governmental unit or corporation does not take that action as directed.

AB100-ASA1, s. 3660c Section 3660c. 292.11 (9) (e) 5. of the statutes is created to read:

AB100-ASA1,1536,14 292.11 (9) (e) 5. Subdivision 1s. does not apply if the corporation fails to do any of the following:

AB100-ASA1,1536,17 a. Respond to a discharge of a hazardous substance that poses an imminent threat to public health, safety or welfare or to the environment, on or off of the property.

AB100-ASA1,1536,20 b. Enter into an agreement with the department to conduct any necessary investigation and remediation activities at the property no later than 3 years after acquiring the property.

AB100-ASA1,1536,24 c. Allow the department, any authorized representatives of the department, any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance and any consultant or contractor of such a party to enter the property to take necessary action to respond to the discharge.

AB100-ASA1, s. 2650 Section 2650. 292.13 of the statutes is created to read:

AB100-ASA1,1537,4 292.13 Property affected by off-site discharge. (1) Exemption from liability. A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the soil or groundwater on property owned by the person if all of the following apply:

AB100-ASA1,1537,6 (a) The discharge of the hazardous substance originated from a source on property that is not possessed or controlled by the person.

AB100-ASA1,1537,8 (b) The person did not possess or control the hazardous substance on the property on which the discharge originated or cause the original discharge.

AB100-ASA1,1537,10 (c) The person conducts an investigation, that the department determines is adequate, to substantiate that pars. (a) and (b) are satisfied.