Amendment SA1-AB100

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AB100-SA1, s. 3640gg Section 3640gg. 289.65 of the statutes is repealed.

AB100-SA1, s. 3640gk Section 3640gk. 289.66 of the statutes is repealed.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

AB100-SA1,92,1 438. Page 1814, line 21: after that line insert:

AB100-SA1,92,2 " Section 3727g. 292.85 of the statutes is created to read:

AB100-SA1,92,4 292.85 Certified remediation professionals. (1) Definitions. In this section:

AB100-SA1,92,6 (a) "Certificate" means a remediation professional certificate issued under this section.

AB100-SA1,92,15 (b) "Covered activity" means corrective action under s. 94.73, petroleum storage tank remedial action under s. 101.143 or 101.144, hazardous waste facility closure under s. 291.29, corrective action under s. 291.37, a response to a discharge of a hazardous substance under s. 292.11, remedial action under s. 292.15 (2), an environmental assessment under s. 292.21 (1) (c) 2., environmental repair under s. 292.31 (3), an abandoned container response under s. 292.41 or any other environmental remedial action specified by the department by rule, except that "covered activity" does not include an emergency response under s. 292.11, 292.31 (3) or 292.41.

AB100-SA1,92,20 (c) "Report" means a report of a site investigation, a report of interim actions prior to remedial action, a report of the design of a proposed remedial action plan, a report of a site closure or any other report designated by the department of natural resources, the department of commerce or the department of agriculture, trade and consumer protection by rule.

AB100-SA1,93,8 (2) Rules. The department shall promulgate rules necessary to implement this section. The department shall develop the rules in consultation with all state agencies that have oversight responsibility for programs related to environmental remediation and with other interested persons. The rules shall include requirements for education, continuing education, training, experience and standards of professional conduct for certified remediation professionals. The requirements and standards shall be sufficiently stringent so that covered activities conducted by or under the direction or supervision of a certified remediation professional and all reports related to covered activities that are prepared by or under the direction or supervision of certified remediation professionals are rendered in a manner that protects public health, safety, welfare and the environment and that is consistent with applicable statutes and rules.

AB100-SA1,93,14 (3) Certificate required for certain activities. (a) Beginning on the effective date of this paragraph .... [revisor inserts date], a person may not submit a report to the department of natural resources, the department of commerce or the department of agriculture, trade and consumer protection with respect to a covered activity unless the report is prepared by, or under the direction or supervision of, a certified remediation professional, except as provided in sub. (6).

AB100-SA1,93,18 (b) Beginning on the effective date of this paragraph .... [revisor inserts date], a person may not conduct a covered activity unless the person is, or is under the direction or supervision of, a certified remediation professional, except as provided in sub. (6).

AB100-SA1,93,22 (4) Department may certify. (a) An individual may apply for a remediation professional certificate. Each application for an initial or renewal certificate shall be accompanied by a fee in an amount established by the department by rule that is sufficient to cover all costs of administering and enforcing this section.

AB100-SA1,93,24 (b) The department may issue a certificate under this section only to an individual. A certificate issued under this section may not be transferred.

AB100-SA1,94,7 (c) The department shall periodically publish notice of each application for a certificate, approval or denial of a certificate, revocation of a certificate and termination of a certificate. The department may not approve an application for an initial certificate or a renewal certificate until at least 30 days after the notice of application for the initial certificate or renewal certificate has been published. The department shall promulgate rules for the periodic publication of notice under this paragraph.

AB100-SA1,94,18 (d) The department of natural resources may grant an initial certificate or renew a certificate only if the department of natural resources determines that the applicant or the holder of the certificate is in compliance with all requirements under this section and under rules promulgated by the department of natural resources, the department of commerce and the department of agriculture, trade and consumer protection. The department of natural resources shall suspend or revoke a certificate if it determines, or the department of commerce or the department of agriculture, trade or consumer protection determines, that the individual holding the certificate fails to comply with all requirements under this section and under rules promulgated by the department of natural resources, the department of commerce and the department of agriculture, trade and consumer protection.

AB100-SA1,94,23 (e) The department may bar an individual whose application for an initial certificate or a renewal certificate is denied, or whose certificate is revoked, from applying for a certificate for a period determined by the department. If the department revokes a certificate, it may permanently bar the individual from applying for a certificate.

AB100-SA1,95,3 (f) A certified remediation professional shall obtain and maintain insurance against loss, expense and liability, including loss, expense and liability caused by pollution, resulting from errors, omissions or neglect in the performance of any professional service in an amount of at least $1,000,000 per claim and $1,000,000 in annual aggregate claims, with a deductible of no more than $100,000 per claim.

AB100-SA1,95,6 (5) Prohibition. No person may advertise or otherwise hold himself or herself out to be a certified remediation professional unless that person possesses a valid certificate issued by the department.

AB100-SA1,95,9 (6) Exemption. Subsection (3) does not apply to a report prepared, or an activity performed, by an employe of this state acting within the scope of his or her employment.

AB100-SA1,95,15 (7) Departments may investigate. (a) Employes or agents of the department of natural resources, the department of commerce or the department of agriculture, trade and consumer protection may at any reasonable time enter any site or building for the purpose of investigating, sampling or inspecting any condition, equipment, practice or property relating to a covered activity conducted, supervised or directed by a certified remediation professional.

AB100-SA1,95,20 (b) Employes or agents of the department of natural resources, the department of commerce or the department of agriculture, trade and consumer protection may seek a special inspection warrant under s. 66.122 authorizing entry to a site or building under par. (a) if permission to enter is denied or if one of those departments determines that entry without prior notice is necessary to enforce this section.

AB100-SA1,96,4 (c) A certified remediation professional shall provide any information requested by the department of natural resources, the department of commerce or the department of agriculture, trade and consumer protection relating to his or her activities as a certified remediation professional. If one of those departments has reason to suspect that a violation of any statute or rule related to a covered activity has occurred or may occur, it may issue to a certified remediation professional an order requiring the production or analysis of samples, requiring the production of records or requiring any action by the certified remediation professional that may be necessary to prevent or eliminate the violation.

AB100-SA1,96,10 (8) Memorandum of understanding. The department of natural resources, the department of commerce and the department of agriculture, trade and consumer protection shall enter into a memorandum of understanding with respect to common areas of responsibility that relate to this section. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.

AB100-SA1,96,12 (9) Appeals. Any person aggrieved by a determination or order of the department under this section may request a contested case hearing under ch. 227.".

AB100-SA1,96,13 439. Page 1833, line 6: delete the comma.

AB100-SA1,96,15 440. Page 1833, line 7: delete lines 7 and 8 and substitute "or approval that is of a type specified".

AB100-SA1,96,16 441. Page 1833, line 9: delete "in the rule" and substitute "in sub. (2)".

AB100-SA1,96,17 442. Page 1833, line 10: delete ", permit or other" and substitute "or".

AB100-SA1,96,18 443. Page 1833, line 11: delete ", permit or" and substitute "or".

AB100-SA1,96,21 444. Page 1833, line 14: delete the material beginning with "at" and ending with "other" on line 15 and substitute "time limits for the following types of licenses and".

AB100-SA1,96,22 445. Page 1833, line 16: delete that line.

AB100-SA1,96,23 446. Page 1833, line 18: delete that line.

AB100-SA1,97,1 447. Page 1852, line 21: delete lines 21 to 24.

AB100-SA1,97,2 448. Page 1863, line 8: after that line insert:

AB100-SA1,97,3 " Section 3855r. 301.265 (1) of the statutes is amended to read:

AB100-SA1,97,11 301.265 (1) From the appropriation appropriations under s. 20.410 (3) (jk) (d) and (kj), the department shall allocate $250,000 $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.".

AB100-SA1,97,12 449. Page 1863, line 14: after that line insert:

AB100-SA1,97,13 " Section 3856d. 301.265 (3) of the statutes is amended to read:

AB100-SA1,98,7 301.265 (3) From the appropriation appropriations under s. 20.410 (3) (jk) (d) and (kj), the department shall allocate $100,000 $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, and $100,000 $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 1 in the city of Racine to provide services in Racine County and $75,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 1 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.".

AB100-SA1,98,8 450. Page 1866, line 5: delete "7" and substitute " 6".

AB100-SA1,98,11 451. Page 1866, line 22: after "(b)" insert ", the authority of the prison industries board under s. 303.015 (1) (dm) to suspend the manufacture, provision or sale of a product or service".

AB100-SA1,98,12 452. Page 1868, line 19: after that line insert:

AB100-SA1,98,13 " Section 3910ce. 303.015 (1) (b) of the statutes is amended to read:

AB100-SA1,98,21 303.015 (1) (b) 1. The board shall develop a plan containing recommendations for the manufacture and marketing of prison industries products, the provision of prison industries services and the provision of research and development activities. Whenever feasible, the plan shall include research activities with a facility involved in the cocomposting of solid waste and sludge from wastewater treatment facilities. The plan may include, but is not limited to, recommended market research, product modifications, manufacturing techniques, pricing policies, advertising and elimination or establishment of specific industries or products.

AB100-SA1,99,6 2. No prison industry may be established, expanded, including any expansion relating to the scope of products produced or the prison industry location, or permanently closed without the approval of the board . Before approving the establishment or expansion of any prison industry, the board shall conduct a hearing. The board shall provide for a class 2 notice, under ch. 985, of the hearing in the newspaper designated as the official newspaper of the county and the city, village or town in which the affected correctional institution is located or, if there is no designated official newspaper, a newspaper published or having general circulation in the political subdivision and eligible under s. 985.02 to be an official newspaper.

AB100-SA1, s. 3910cf Section 3910cf. 303.015 (1) (dm) of the statutes is created to read:

AB100-SA1,99,10 303.015 (1) (dm) The board may suspend the manufacture or sale of any product or component or the provision of any service by prison industries or by a private business leasing space under s. 303.01 (2) (em).".

AB100-SA1,99,12 453. Page 1871, line 25: delete the material beginning with that line and ending with page 1872, line 4.

AB100-SA1,99,14 454. Page 1873, line 15: after "statutes" insert ", as affected by 1997 Wisconsin Act .... (this act),".

AB100-SA1,99,16 455. Page 1873, line 17: after "purchase" insert "or commencement of the lease".

AB100-SA1,99,17 456. Page 1905, line 8: after that line insert:

AB100-SA1,99,18 " Section 4058gm. 342.22 (3) (a) of the statutes is amended to read:

AB100-SA1,99,19 342.22 (3) (a) For a mobile home, 16 20 years.

AB100-SA1, s. 4058gq Section 4058gq. 342.22 (3) (c) of the statutes is amended to read:

AB100-SA1,99,21 342.22 (3) (c) For any other vehicle, 6 10 years.".

AB100-SA1,99,23 457. Page 1908, line 3: delete the material beginning with that line and ending with page 1912, line 2.

AB100-SA1,99,24 458. Page 1914, line 6: delete lines 6 to 10.

AB100-SA1,100,2 459. Page 1916, line 17: delete the material beginning with that line and ending with page 1917, line 2.

AB100-SA1,100,4 460. Page 1917, line 8: delete the material beginning with that line and ending with page 1921, line 2.