Amendment ASA1-AB133

AB133-ASA1,1270,15 281.69 (3) (b) 1. The purchase of land or of a conservation easement, as defined in s. 700.40 (1) (a), if the eligible recipient enters into a contract under sub. (4) s. 281.71 and if the purchase will substantially contribute to the protection or improvement of a lake's water quality or its natural ecosystem.

AB133-ASA1, s. 2548 Section 2548. 281.69 (4) of the statutes is renumbered 281.71, and 281.71 (title), (1) (intro.) and (d), (2) (intro.) and (b), (3) and (5), as renumbered, are amended to read:

AB133-ASA1,1270,22 281.71 (title) Lake management project grants; river protection grants; purchases. (1) (intro.) In order to receive a grant for a purchase under sub. s. 281.69 (3) (b) 1. or 281.70 (5) (c) 1., the recipient shall enter into a contract with the department that contains all of the following provisions:

AB133-ASA1,1270,24 (d) A clause that any subsequent sale or transfer of the property to be acquired is subject to pars. (b) and (c) subs. (2) and (3).

AB133-ASA1,1271,3 (2) (intro.) The recipient of the grant used for a purchase under sub. s. 281.69 (3) (b) 1. or 281.70 (5) (c) 1. may subsequently sell or transfer the acquired property to a 3rd party other than a creditor of the recipient if all of the following apply:

AB133-ASA1,1271,5 (b) The party to whom the property is sold or transferred enters into a new contract with the department that contains the provisions under par. (a) sub. (1).

AB133-ASA1,1271,8 (3) The recipient of the grant used for a purchase under sub. s. 281.69 (3) (b) 1. or 281.70 (5) (c) 1. may subsequently sell or transfer the acquired property to satisfy a debt or other obligation if the department approves the sale or transfer.

AB133-ASA1,1271,12 (5) The instrument conveying the property to the recipient shall state the interest of the state under par. (d) sub. (4). The contract entered into under par. (a) sub. (1) and the instrument of conveyance shall be recorded in the office of the register of deeds of each county in which the property is located.

AB133-ASA1, s. 2549 Section 2549. 281.69 (6) (a) of the statutes is repealed.

AB133-ASA1, s. 2550 Section 2550. 281.69 (6) (b) of the statutes is renumbered 281.69 (6) and amended to read:

AB133-ASA1,1271,20 281.69 (6) Lake classification technical assistance grants contracts . A nonprofit corporation receiving a lake classification technical assistance grant contract shall provide educational and technical assistance to local units of government and lake management organizations that will participate in a lake classification project.

AB133-ASA1, s. 2551 Section 2551. 281.70 of the statutes is created to read:

AB133-ASA1,1271,23 281.70 River protection grants. (1) Definition. In this section, "river" includes a stream or a flowage.

AB133-ASA1,1272,3 (2) Types of projects. The department shall develop and administer a financial assistance program to provide grants for planning projects and management projects.

AB133-ASA1,1272,5 (3) Amounts of grants. (a) A grant for a planning project may be made for up to 75% of the cost of the project but may not exceed $10,000 per grant.

AB133-ASA1,1272,7 (b) A grant for a management project may be made for up to 75% of the cost of the project but may not exceed $50,000 per grant.

AB133-ASA1,1272,9 (4) Eligible recipients. (a) All of the following shall be eligible for grants under this section:

AB133-ASA1,1272,10 1. Local governmental units, as defined in s. 66.299 (1) (a).

AB133-ASA1,1272,11 2. River management organizations that meet the qualifications under par. (b).

AB133-ASA1,1272,12 3. Nonprofit conservation organizations, as defined in s. 23.0955 (1).

AB133-ASA1,1272,14 (b) The department shall promulgate rules to establish the qualifications that a river management organization must meet to qualify for a grant under this section.

AB133-ASA1,1272,16 (5) Eligible activities. The department shall promulgate rules to do all of the following:

AB133-ASA1,1272,18 (a) Designate activities that are eligible for grants for planning projects. Eligible activities under the rules for these grants shall include all of the following:

AB133-ASA1,1272,19 1. Data collection.

AB133-ASA1,1272,20 2. Assessments of water quality and of fish and aquatic life and their habitat.

AB133-ASA1,1272,22 3. Assessments of the uses of a river and the uses of the land surrounding the river.

AB133-ASA1,1272,23 4. Nonpoint source pollution evaluation.

AB133-ASA1,1272,24 5. Informational or educational programs and materials as specified in par. (b).

AB133-ASA1,1273,3 6. Programs and materials to assist persons in forming river management organizations or other groups to protect or improve rivers and natural riverine ecosystems.

AB133-ASA1,1273,5 (b) For purposes of par. (a) 5., specify informational or educational materials that may be provided on any of the following:

AB133-ASA1,1273,6 1. Protecting or improving the ways in which rivers are used.

AB133-ASA1,1273,7 2. Protecting or improving the quality of water in rivers.

AB133-ASA1,1273,8 3. Protecting or improving the quality of natural riverine ecosystems.

AB133-ASA1,1273,9 4. Protecting or improving fish populations, aquatic life or fish habitat in rivers.

AB133-ASA1,1273,11 (c) Designate activities that are eligible for grants for management projects. Eligible activities under the rules for these grants shall include all of the following:

AB133-ASA1,1273,15 1. The purchase of land or of a conservation easement, as defined in s. 700.40 (1) (a) if the recipient enters into a contract under s. 281.71 and if the purchase will substantially contribute to the protection or improvement of the river's water quality or its natural ecosystem.

AB133-ASA1,1273,16 2. The restoration of in-stream or shoreline habitat.

AB133-ASA1,1273,18 3. The development of local regulations or ordinances that will protect or improve the river's water quality or its natural ecosystem.

AB133-ASA1,1273,21 4. An activity that is approved by the department and that is needed to implement a recommendation made as a result of a plan to protect or improve the river's water quality or its natural ecosystem.

AB133-ASA1,1273,22 5. Installation of pollution control practices.

AB133-ASA1,1273,25 (6) Eligibility; types of rivers. The department shall promulgate rules establishing the types of natural riverine ecosystems that are eligible for grants under this section.

AB133-ASA1,1274,4 (7) Eligibility; other. At the completion of a planning project, upon request of the recipient of the grant for the planning project, the department may approve as eligible activities for a management project grant the recommendations that were made as a result of the project.

AB133-ASA1, s. 2551m Section 2551m. 281.72 of the statutes is created to read:

AB133-ASA1,1274,12 281.72 River protection; contracts with nonprofit organizations. (1) Definition. In this section, "nonprofit conservation organization" means a river management organization that meets the qualifications under s. 281.70 (4) (b) or a nonprofit corporation, a charitable trust or other nonprofit association whose purposes include the protection of rivers and that is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB133-ASA1,1274,17 (2) Requirements to receive contracts. The department shall provide contracts to nonstock, nonprofit corporations that are described under section 501 (c) (3) or (4) of the Internal Revenue Code and that are organized in this state. For a nonstock, profit corporation to qualify for a contract, the corporation shall meet all of the following requirements:

AB133-ASA1,1274,19 (a) The corporation is exempt from taxation under section 501 (a) of the Internal Revenue Code.

AB133-ASA1,1274,20 (b) The corporation provides support to nonprofit conservation organizations.

AB133-ASA1,1274,22 (c) The corporation has a board of directors that has a majority of members who are representatives of nonprofit conservation organizations.

AB133-ASA1,1274,24 (d) The corporation contributes, to be used with the contract, $1 for every $3 it receives under the contract.

AB133-ASA1,1275,2 (3) Requirements under contracts. A corporation receiving a contract under this subsection shall do all of the following:

AB133-ASA1,1275,3 (a) Assist in the establishment of nonprofit conservation organizations.

AB133-ASA1,1275,4 (b). Provide technical assistance to nonprofit conservation organizations.

AB133-ASA1,1275,6 (c) Conduct conferences on topics for which technical assistance is provided under par. (b).

AB133-ASA1, s. 2554 Section 2554. 285.01 (40) of the statutes is amended to read:

AB133-ASA1,1275,17 285.01 (40) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3) (1).

AB133-ASA1, s. 2554e Section 2554e. 285.11 (18) of the statutes is created to read:

AB133-ASA1,1275,21 285.11 (18) Adopt and apply objective performance measurements, for the subunit of the department that administers this chapter, relating to the issuance of permits under subch. VII and to overall performance of the subunit.

AB133-ASA1, s. 2554f Section 2554f. 285.17 (3) of the statutes is created to read:

AB133-ASA1,1276,4 285.17 (3) The department may not post on the Internet any information that is required to be reported to the department under this chapter and that relates to a facility's air emissions, including the nature and duration of specific emissions of an air contaminant source and any results of monitoring the emissions of a contaminant source or the ambient air in the vicinity of a contaminant source, unless the department certifies that the information is accurate on the date on which the information is posted.

AB133-ASA1, s. 2555n Section 2555n. 285.69 (2) (a) 1. of the statutes is amended to read:

AB133-ASA1,1276,8 285.69 (2) (a) 1. That fees collected in a year before 2002 are based on actual emissions of all regulated pollutants and any other air contaminant specified by the department in the rules in the preceding year.

AB133-ASA1, s. 2555q Section 2555q. 285.69 (2) (a) 4. of the statutes is amended to read:

AB133-ASA1,1276,13 285.69 (2) (a) 4. That the fees collected in each year after 1994 and before 2002 are calculated by increasing the fees collected in the preceding year by the percentage by which the consumer price index, as defined in 42 USC 7661a (b) (3) (B) (v), increased in the preceding year.

AB133-ASA1, s. 2555s Section 2555s. 285.69 (2) (a) 5. of the statutes is amended to read:

AB133-ASA1,1276,19 285.69 (2) (a) 5. That fees are not based on emissions by an air contaminant source in excess of 4,000 5,000 tons per year of each regulated pollutant, except that, subject to par. (b), this limitation does not apply to a major utility, as defined in s. 285.41 (1) (f), that owns or operates a phase I affected unit as listed in Table A of 42 USC 7651c.

AB133-ASA1, s. 2555u Section 2555u. 285.69 (2) (a) 7. to 11. of the statutes are created to read:

AB133-ASA1,1276,22 285.69 (2) (a) 7. That the fees billed for a stationary source in each year after 2001 are based on the fees billed for the stationary source in 2001.

AB133-ASA1,1277,2 8. That the fee billed for each stationary source in each year after 2001 is based on the actual emissions of all regulated pollutants, and any other air contaminant specified by the department in the rules, in the preceding 5 years, using a 5-year rolling average.

AB133-ASA1,1277,8 9. That fees billed in years after 2001 are determined using a performance-based approach that increases a stationary source's fees in proportion to increases in the amount of pollutants emitted by the stationary source, as determined under subd. 8., and decreases a stationary source's fees in proportion to decreases in the amount of pollutants emitted by the stationary source, as determined under subd. 8.

AB133-ASA1,1277,10 10. That no multiplier or similar mechanism is used that would increase a stationary source's fees to compensate for decreases in overall amounts of emissions.

AB133-ASA1,1277,12 11. That no provision is used that would increase the fee per unit of pollutant emitted in order to compensate for decreases in overall amounts of emissions.

AB133-ASA1, s. 2555w Section 2555w. 285.69 (2) (b) of the statutes is amended to read:

AB133-ASA1,1277,18 285.69 (2) (b) The department may not charge a major utility fees on emissions in excess of 4,000 5,000 tons per year of each regulated pollutant beyond the amount necessary to recover the fees that would have been charged for any phase I affected unit listed in Table A of 42 USC 7651c owned by that major utility if the prohibition in par. (a) 6. did not exist.

AB133-ASA1, s. 2558 Section 2558. 285.69 (3) of the statutes is amended to read:

AB133-ASA1,1278,2 285.69 (3) Asbestos inspection fees. The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection may not exceed $200 $210 per project. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection projects regulated by the department.

AB133-ASA1, s. 2559 Section 2559. 285.86 of the statutes is created to read:

AB133-ASA1,1278,6 285.86 Asbestos citations. (1) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture from a person who commits a violation specified under sub. (2).

AB133-ASA1,1278,12 (2) The department shall promulgate rules that specify violations of rules relating to asbestos abatement and management that are promulgated under ss. 285.11, 285.13, 285.17 and 285.27 to which sub. (1) applies. In a rule promulgated under this subsection, the department may limit the applicability of sub. (1) based on the frequency of violation and on health and environmental risks caused by the violation.

AB133-ASA1,1278,15 (3) The department shall submit any proposed rules under sub. (2) to the department of justice. The department may not promulgate a rule under sub. (2) unless the rule is approved by the department of justice.

AB133-ASA1, s. 2560 Section 2560. 287.11 (2) (dm) of the statutes is repealed.

AB133-ASA1, s. 2561 Section 2561. 287.23 (5) (c) 2. of the statutes is amended to read:

AB133-ASA1,1278,21 287.23 (5) (c) 2. Except as provided in subd. 5. 2m. or sub. (5e), for all other responsible units, the amount of the grant for 1993 through 2000 2001 equals either 66% of the difference between eligible expenses and avoided disposal costs or 33% of eligible expenses, whichever is greater.

AB133-ASA1,1278,24 2m. If the amount determined under subd. 2. is greater than $8 times the population of the responsible unit, whichever is less the grant equals $8 times the population of the responsible unit.

AB133-ASA1, s. 2562 Section 2562. 287.23 (5) (c) 5. of the statutes is repealed.

AB133-ASA1, s. 2563 Section 2563. 287.23 (5e) of the statutes is amended to read:

AB133-ASA1,1279,7 287.23 (5e) Proration. If available funds are insufficient, under sub. (5) (c) 2. 2m., to pay $8 times the population of all of the responsible units that are entitled to that amount, the department shall distribute the funds so that each responsible unit that would be entitled to $6 times its population if the per person amount in sub. (5) (c) 2. 2m. were $6 receives $6 times its population and shall prorate the remaining funds.

AB133-ASA1, s. 2564 Section 2564. 287.23 (7) of the statutes is amended to read:

AB133-ASA1,1279,10 287.23 (7) Sunset. No grant may be awarded under this section for any year after the year 2000 2001.

AB133-ASA1, s. 2568 Section 2568. 289.01 (33) of the statutes is amended to read: