Amendment SA1-AB100

AB100-SA1,81,19 196.857 (1m) (c) The amount appropriated under s. 20.115 (3) (je). The amounts received under this paragraph shall be credited to the appropriation under s. 20.115 (3) (je).".

AB100-SA1,81,21 409. Page 1630, line 23: delete the material beginning with that line and ending with page 1632, line 17.

AB100-SA1,81,22 410. Page 1633, line 4: delete lines 4 to 19.

AB100-SA1,82,2 411. Page 1641, line 20: delete the material beginning with that line and ending with page 1643, line 3.

AB100-SA1,82,3 412. Page 1646, line 7: after that line insert:

AB100-SA1,82,4 " Section 3298e. 230.08 (2) (fc) of the statutes is created to read:

AB100-SA1,82,5 230.08 (2) (fc) The chief of the legislative reference bureau.".

AB100-SA1,82,6 413. Page 1650, line 21: delete lines 21 to 24.

AB100-SA1,82,7 414. Page 1686, line 11: after that line insert:

AB100-SA1,82,8 " Section 3449s. 253.085 (1) of the statutes is amended to read:

AB100-SA1,82,14 253.085 (1) The department shall conduct an outreach program to make low-income pregnant women aware of the importance of early prenatal and infant health care and of the availability of medical assistance benefits under subch. IV of ch. 49 and other types of funding for prenatal and infant care, to refer women to prenatal and infant care services in the community and to make follow-up contacts with women referred to prenatal and infant care services.".

AB100-SA1,82,15 415. Page 1689, line 21: delete that line.

AB100-SA1,82,16 416. Page 1693, line 3: delete "(1)" and substitute "(5)".

AB100-SA1,82,17 417. Page 1694, line 13: delete "forest and game management;".

AB100-SA1,82,18 418. Page 1694, line 14: delete "plant greenhouses and nurseries;".

AB100-SA1,82,19 419. Page 1695, line 14: delete "construction sites, construction practices,".

AB100-SA1,82,20 420. Page 1698, line 9: after "(te)" insert "or (tf)".

AB100-SA1,82,21 421. Page 1743, line 23: delete that line and substitute:

AB100-SA1,82,22 "281.65 (4) (f) Administer the".

AB100-SA1,82,23 422. Page 1747, line 15: delete lines 15 to 17.

AB100-SA1,83,1 423. Page 1749, line 15: after that line insert:

AB100-SA1,83,2 " Section 3599am. 281.65 (11) of the statutes is created to read:

AB100-SA1,83,16 281.65 (11) Notwithstanding subs. (3) (am) and (3m), the South Fork of the Hay River is a priority watershed for the period ending on June 30, 2001. Notwithstanding subs. (2) (a), (4) (dm), (e), (em) and (g) 4., (4m) (b) 3. and (8) (b) and (e), the department, in consultation with the local units of government involved with the priority watershed project, shall establish guidelines for the types of nonpoint source water pollution abatement practices to be eligible for cost-sharing grants in the watershed. Notwithstanding sub. (8) (f), the amount of a cost-sharing grant in the watershed may be based on the amount of pollution reduction achieved rather than on the cost of the practices installed, using guidelines developed by the department, in consultation with the local units of government involved with the priority watershed project. The department and the local governmental staff involved with the priority watershed project shall evaluate the cost effectiveness of the project and the reduction in nonpoint source water pollution associated with the project.".

AB100-SA1,83,17 424. Page 1761, line 21: after that line insert:

AB100-SA1,83,18 " Section 3613g. 287.07 (7) (a) of the statutes is amended to read:

AB100-SA1,84,2 287.07 (7) (a) The prohibitions in subs. (3) and (4) do not apply with respect to solid waste, except medical waste, as defined in par. (c) 1. cg., that is generated in a region that has an effective recycling program, as determined under s. 287.11, and, if the region is not in this state, the region is located in a state that has an effective siting program, as determined under s. 287.12. This paragraph does not apply to solid waste that is separated for recycling as part of an effective recycling program under s. 287.11.

AB100-SA1, s. 3613gg Section 3613gg. 287.07 (7) (b) 3. of the statutes is created to read:

AB100-SA1,84,8 287.07 (7) (b) 3. The prohibitions in subs. (3) and (4) do not apply to a person who converts into fuel or burns at an operating solid waste treatment facility any material identified in those subsections if the person converted into fuel or burned the material at the operating solid waste treatment facility during April, 1990, and the material is generated outside of this state.

AB100-SA1, s. 3613m Section 3613m. 287.07 (7) (d) of the statutes is amended to read:

AB100-SA1,84,12 287.07 (7) (d) The department may grant, to a responsible unit or out-of-state unit, an exception to a prohibition in sub. (3) or (4) for up to one year for a material identified in sub. (3) or (4) in the event of an unexpected emergency condition.".

AB100-SA1,84,13 425. Page 1762, line 7: after that line insert:

AB100-SA1,84,14 " Section 3614gc. 287.11 (1) of the statutes is amended to read:

AB100-SA1,84,22 287.11 (1) Department review. Upon request of a responsible unit or an out-of-state unit, the department shall review documentation of the responsible unit's solid waste management program created under s. 287.09 (2) (a) or the out-of-state unit's solid waste management program and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation. The department shall promulgate, by rule, its determination that an out-of-state unit's solid waste management program is an effective recycling program.

AB100-SA1, s. 3614ge Section 3614ge. 287.11 (2) (b), (c) (intro.), (d) (intro.) and (i) of the statutes are amended to read:

AB100-SA1,85,6 287.11 (2) (b) A requirement that the occupants of single-family residences, buildings containing 2 or more dwelling units and commercial, retail, industrial and governmental facilities in the region either separate the materials identified in s. 287.07 (3) and (4) from postconsumer waste generated in the region or treat that postconsumer waste at a facility that will recover those materials from solid waste in as pure a form as is technically feasible.

AB100-SA1,85,10 (c) (intro.) A requirement that owners of buildings containing 5 or more dwelling units in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 287.07 (3) and (4) from that postconsumer waste:

AB100-SA1,85,14 (d) (intro.) A requirement that owners of commercial, retail, industrial and governmental facilities in the region do all of the following if postconsumer waste generated in those buildings is not treated at a facility that will separate the materials identified in s. 287.07 (3) and (4) from that postconsumer waste:

AB100-SA1,85,19 (i) A reasonable effort, through the implementation of pars. (a) to (h), as applicable, to reduce to the maximum extent feasible the amount, by weight, of each material specified in s. 287.07 (3) and (4) that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility.

AB100-SA1, s. 3614gg Section 3614gg. 287.11 (2e) (a) of the statutes is renumbered 287.11 (2e) and amended to read:

AB100-SA1,86,3 287.11 (2e) Effective program criteria for out-of-state units. An out-of-state unit's solid waste management program is an effective recycling program if it is in compliance with all recycling requirements imposed by the state in which the out-of-state unit is located and has all of the components under sub. (2) (a) to (em) and (f) to (i) and applies those components, as appropriate, to materials that are to be disposed of, converted into fuel or burned in this state and to persons who generate those waste materials.

AB100-SA1, s. 3614gk Section 3614gk. 287.11 (2e) (b) of the statutes is repealed.

AB100-SA1, s. 3614gm Section 3614gm. 287.11 (2m) (b) (intro.) of the statutes is amended to read:

AB100-SA1,86,11 287.11 (2m) (b) (intro.) The department shall, at the request of a responsible unit or out-of-state unit that has been determined to have an effective recycling program under this section, grant a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible unit's or out-of-state unit's region if the department determines that the cost of selling processed material exceeds any of the following:

AB100-SA1, s. 3614gp Section 3614gp. 287.11 (2m) (c) of the statutes is amended to read:

AB100-SA1,86,19 287.11 (2m) (c) The department may on its own initiative grant, to one or more responsible units or out-of-state units that have been determined to have effective recycling programs under this section, a variance to the applicable requirements in sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that is generated in the responsible units' or out-of-state units' regions if the department determines that the cost of selling processed material exceeds the amount under par. (b) 1. or 2.

AB100-SA1, s. 3614gr Section 3614gr. 287.11 (2p) (c) of the statutes is amended to read:

AB100-SA1,86,23 287.11 (2p) (c) The department may grant a responsible unit or an out-of-state unit an exception to a an applicable requirement in sub. (2) (b) or (er) for up to one year for a material that is subject to an exception under s. 287.07 (7) (d).

AB100-SA1, s. 3614gt Section 3614gt. 287.12 of the statutes is repealed.".

AB100-SA1,87,1 426. Page 1767, line 17: after that line insert:

AB100-SA1,87,2 " Section 3638m. 289.63 (title), (1) and (2) of the statutes are amended to read:

AB100-SA1,87,17 289.63 (title) Groundwater, solid waste capacity and well compensation fees. (1) (title) Imposition of groundwater, solid waste capacity and well compensation fees on generators. Except as provided under sub. (6), a generator of solid or hazardous waste shall pay separate groundwater , solid waste capacity 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. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the groundwater, solid waste capacity and well compensation fees 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 groundwater , solid waste capacity and well compensation fees under this subsection 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).

AB100-SA1,87,24 (2) Collection. The owner or operator of a licensed solid or hazardous waste disposal facility shall collect the groundwater, solid waste capacity and well compensation fees 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 during the preceding reporting period.

AB100-SA1, s. 3638mg Section 3638mg. 289.63 (3) (title) of the statutes is amended to read:

AB100-SA1,88,3 289.63 (3) (title) Amount of groundwater , solid waste capacity and well compensation fees.".

AB100-SA1,88,5 427. Page 1767, line 22: delete the material beginning with that line and ending with page 1768, line 2, and substitute:

AB100-SA1,88,6 " Section 3640gc. 289.63 (3) (c) and (d) of the statutes are repealed.

AB100-SA1, s. 3640ge Section 3640ge. 289.63 (5), (6), (7), (8) and (9) (title) and (a) of the statutes are amended to read:

AB100-SA1,88,13 289.63 (5) In addition to other fees. The groundwater, solid waste capacity and well compensation fees collected and paid under sub. (2) are in addition to the tonnage fee imposed under s. 289.62 (1), the environmental repair base fee imposed under s. 289.67 (3) and the environmental repair surcharge imposed under s. 289.67 (4).

AB100-SA1,88,20 (6) (title) Exemption from groundwater , solid waste capacity and well compensation fees; certain materials used in operation of the facility. Solid waste materials approved by the department for lining, daily cover or capping or for constructing berms, dikes or roads within a solid waste disposal facility are not subject to the groundwater, solid waste capacity and well compensation fees imposed under sub. (1), except that foundry sands or shredder fluff approved for use under s. 289.30 (5) or 289.31 (9) are subject to groundwater and well compensation fees.

AB100-SA1,89,2 (7) 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 or hazardous waste disposal facility shall pay groundwater, solid waste capacity and well compensation fees required to be collected under sub. (2) at the same time as any tonnage fees under s. 289.62 (1) are paid.

AB100-SA1,89,7 (8) (title) 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-SA1,89,14 (9) (title) Failure to pay groundwater , solid waste capacity and well compensation fees. (a) If a person required under sub. (1) to pay groundwater, solid waste capacity and well compensation fees to a licensed solid or hazardous waste disposal facility fails to pay the fees, the owner or operator of the licensed solid or hazardous waste disposal facility 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).

AB100-SA1, s. 3640gg Section 3640gg. 289.65 of the statutes is repealed.

AB100-SA1, s. 3640gk Section 3640gk. 289.66 of the statutes is repealed.

AB100-SA1, s. 3640gm Section 3640gm. 289.67 (1) (e) of the statutes is amended to read:

AB100-SA1,89,22 289.67 (1) (e) In addition to other fees. The environmental repair fee collected and paid under par. (b) is in addition to the base fee imposed under sub. (2), the surcharge imposed under sub. (3), the tonnage fee imposed under s. 289.62 (1) and the groundwater, solid waste capacity and well compensation fees imposed under s. 289.63.".

AB100-SA1,89,23 428. Page 1773, line 8: after "person" insert ", other than a state agency,".

AB100-SA1,89,24 429. Page 1774, line 4: after "person" insert ", other than a state agency".

AB100-SA1,90,2 430. Page 1775, line 21: delete the material beginning with that line and ending with page 1776, line 3, and substitute:

AB100-SA1,90,3 " Section 3664. 292.15 (1) (c) 1. of the statutes is renumbered 292.15 (1) (f) 3.

AB100-SA1, s. 3665 Section 3665. 292.15 (1) (c) 2. of the statutes is repealed.

AB100-SA1, s. 3666 Section 3666. 292.15 (1) (c) 3. of the statutes is renumbered 292.15 (1) (f) 1. and amended to read:

AB100-SA1,90,8 292.15 (1) (f) 1. The person did not otherwise cause the release discharge of a hazardous substance on the property.

AB100-SA1, s. 3667 Section 3667. 292.15 (1) (f) (intro.) of the statutes is created to read:

AB100-SA1,90,11 292.15 (1) (f) (intro.) "Voluntary party" means a person to whom all of the following apply:

AB100-SA1, s. 3668 Section 3668. 292.15 (1) (f) 2. of the statutes is created to read:

AB100-SA1,90,14 292.15 (1) (f) 2. The person did not control, prior to its discharge, a hazardous substance that was discharged on the property.".

AB100-SA1,90,15 431. Page 1776, line 4: before that line insert:

AB100-SA1,90,16 " Section 3668bg. 292.15 (1) (f) 1m. of the statutes is created to read:

AB100-SA1,90,18 292.15 (1) (f) 1m. The person did not intentionally or recklessly cause the release of a hazardous substance on the property.".

AB100-SA1,90,19 432. Page 1779, line 21: delete lines 21 to 24.

AB100-SA1,90,20 433. Page 1780, line 23: delete "secretary" and substitute "department".

AB100-SA1,90,21 434. Page 1781, line 1: delete "secretary" and substitute "department".

AB100-SA1,90,22 435. Page 1781, line 4: delete "secretary" and substitute "department".

AB100-SA1,91,2 436. Page 1781, line 5: after "section." insert "Any letter issued under this subsection is void if the letter was obtained by fraud or misrepresentation.".

AB100-SA1,91,3 437. Page 1783, line 21: after that line insert:

AB100-SA1,91,4 " Section 3681. 292.21 (1) (c) 1. d. of the statutes is amended to read:

AB100-SA1,91,24 292.21 (1) (c) 1. d. The lender conducts an environmental assessment of the real property in accordance with subd. 2. at any time, but not more than 90 days after the date the lender acquires title to, or possession or control of, the real property and files. The lender shall file a complete copy of the environmental assessment with the department not more than 180 days after the date the lender acquires title to, or possession or control of, the real property. If an environmental assessment is conducted more than one year before the date on which the lender acquires title to, or possession or control of, the real property, the exemption under this subd. 1. d. applies only if the lender does all of the following: visually inspects the property in accordance with subd. 2. a. and b. after the date on which the lender acquires title to, or possession or control of, the real property to verify the environmental assessment; submits a complete copy of the environmental assessment and the results of the visual inspection to the department not later than 90 days after the lender acquires title to, or possession or control of, the real property; receives notice from the department that the department determines that the environmental assessment is adequate or that the department directs the lender to address any inadequacies in the environmental assessment; corrects, to the satisfaction of the department, any inadequacies of an environmental assessment; and reimburses the department for the cost to the department of reviewing materials submitted under this subd. 1. d.".