Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,592,3 (7) The department shall strive annually to negotiate with the federal department of health and human services realistic and attainable interim performance targets for compliance with 42 USC 300x-26.

AB133-ASA1-CA1,592,9 (8) A governmental regulatory agency under this section shall meet standards established by the department of health and family services. The department shall annually evaluate the investigation program of each governmental regulatory authority. If, at any time, a governmental regulatory authority fails to meet the standards, the department of health and family services may terminate the contract under sub. (1).

AB133-ASA1-CA1,592,11 (9) The department shall provide education and training to governmental regulatory authorities to ensure uniformity in the enforcement of this subchapter.

AB133-ASA1-CA1,592,16 (10) This section does not limit the authority of the department to investigate establishments in jurisdictional areas of governmental regulatory authorities if the department investigates in response to an emergency, for the purpose of monitoring and evaluating the governmental regulatory authority's investigation and enforcement program or at the request of the governmental regulatory authority.

AB133-ASA1-CA1,592,22 (11) The department shall hold a hearing under ch. 227 if any interested person, in lieu of proceeding under ch. 68, appeals to the department alleging that the person making an investigation of the appellant has a financial interest in a regulated cigarette and tobacco product retailer, tobacco vending machine operator, tobacco vending machine premises or tobacco vending machine which may interfere with his or her ability to properly take that action.

AB133-ASA1-CA1,593,2 (12) This section does not apply to surveys conducted by local units of government that have not entered into a contract under sub. (1), to determine overall levels of compliance with s. 134.66 (2) (a) and (am). No results obtained under such surveys may be used for the purpose of issuing warnings or citations or any other enforcement mechanism.

AB133-ASA1-CA1,593,6 (13) The requirements of subs. (1) to (12) do not apply to investigations of retail establishments conducted by the city of Madison, or the local health department or law enforcement agency of the city of Madison, in its jurisdictional area to determine compliance with and to enforce s. 134.66 (2).

AB133-ASA1-CA1, s. 2485L Section 2485L. 254.92 (2) (b) of the statutes is created to read:

AB133-ASA1-CA1,593,11 254.92 (2) (b) A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes or tobacco products in the course of his or her participation in an investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3).".

AB133-ASA1-CA1,593,13 1375. Page 1233, line 22: delete that line and substitute "section, "board" means the tobacco control board.".

AB133-ASA1-CA1,593,15 1376. Page 1233, line 23: delete the material beginning with that line and ending with page 1234, line 19, and substitute:

AB133-ASA1-CA1,593,16 "(1m) Duties. The board shall do all of the following:

AB133-ASA1-CA1,593,19 (a) Appoint an executive director within the classified service who shall employ staff within the classified service with appropriate programmatic and technical expertise.

AB133-ASA1-CA1,593,20 (b) Administer the grant program under sub. (3).

AB133-ASA1-CA1,593,24 (c) Promulgate rules establishing criteria for recipients of grants awarded under sub. (3), including performance-based standards for grant recipients that propose to use the grant for media efforts. The board shall ensure that programs or projects conducted under the grants are culturally sensitive.

AB133-ASA1-CA1,594,2 (d) Provide a forum for the discussion, development, and recommendation of public policy alternatives in the field of smoking cessation and prevention.

AB133-ASA1-CA1,594,7 (e) Provide a clearinghouse of information on matters relating to tobacco issues and how they are being met in different places throughout the nation such that both lay and professional groups in the field of government, health care and education may have additional avenues for sharing experiences and interchanging ideas in the formulation of public policy on tobacco.

AB133-ASA1-CA1,594,11 (f) Develop and prepare an annual plan regarding the allocation of funding for a statewide tobacco control program based on successful tobacco control programs in other states and based on recommendations of the U.S. Centers for Disease Control regarding the allocation of funding for comprehensive tobacco control programs.".

AB133-ASA1-CA1,594,13 1377. Page 1234, line 20: delete "20.435 (5) (tc)" and substitute "20.436 (1) (tc)".

AB133-ASA1-CA1,594,14 1378. Page 1234, line 21: delete "department" and substitute "board".

AB133-ASA1-CA1,594,15 1379. Page 1235, line 11: delete lines 11 to 19 and substitute:

AB133-ASA1-CA1,594,17 "(b) From the appropriation under s. 20.436 (1) (tc), the board may distribute grants for any of the following:".

AB133-ASA1-CA1,594,18 1380. Page 1236, line 8: after that line insert:

AB133-ASA1-CA1,594,20 "10. Development of policies that restrict access to tobacco products and reduce exposure to environmental tobacco smoke.".

AB133-ASA1-CA1,594,21 1381. Page 1236, line 11: delete lines 11 to 21 and substitute:

AB133-ASA1-CA1,595,4 "(4) Reports. Not later than July 1, 2001, and annually thereafter, the board shall submit to the governor and to the chief clerk of each house of the legislature for distribution under s. 13.172 (2) a report that evaluates the success of the grant program under sub. (3). The report shall specify the number of grants awarded during the immediately preceding fiscal year and the purpose for which each grant was made. The report shall also specify donations and grants accepted by the board under sub. (5).

AB133-ASA1-CA1,595,9 (5) Funds. The board may accept for any of its purposes any donations and grants of money, equipment, supplies, materials and services from any person. The board shall include in the report under sub. (4) any donation or grant accepted by the board under this subsection, including the nature, amount and conditions, if any, of the donation or grant and the identity of the donor.

AB133-ASA1-CA1,595,12 (6) Subcommittees. The board may create subcommittees to assist in its work. If the board creates subcommittees, one of the subcommittees shall address the issue of populations most adversely affected by tobacco.".

AB133-ASA1-CA1,595,13 1382. Page 1238, line 10: after that line insert:

AB133-ASA1-CA1,595,14 " Section 2487x. 281.165 of the statutes is created to read:

AB133-ASA1-CA1,595,22 281.165 Compliance with water quality standards for wetlands. (1) Compliance; exemption. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601 (3) or chs. 30, 31, 281, 283, 289 to 292 or 299 or specified under any rule promulgated, order issued or ordinance adopted under any of those sections or chapters, if the activity meets all of the requirements under either sub. (2) or (3).

AB133-ASA1-CA1,595,24 (2) Trempealeau County. Subsection (1) applies to an activity that meets all of the following requirements:

AB133-ASA1-CA1,596,2 (a) The wetland area that will be affected by the activity is less than 15 acres in size.

AB133-ASA1-CA1,596,4 (b) The site of the activity is zoned for industrial use and is in the vicinity of a manufacturing facility.

AB133-ASA1-CA1,596,6 (c) The site of the activity is within the corporate limits of a city on January 1, 1999.

AB133-ASA1-CA1,596,9 (d) The governing body of the city adopts a resolution stating that the exemption under this section is necessary to protect jobs that exist in the city on the date of the adoption of the resolution or is necessary to promote job creation.

AB133-ASA1-CA1,596,10 (e) The site of the activity is located in Trempealeau County.

AB133-ASA1-CA1,596,12 (3) Dunn County. (a) Subsection (1) applies to an activity that meets the requirements under sub. (2) (c) and (d) and all of the following requirements:

AB133-ASA1-CA1,596,14 1. The wetland area that will be affected by the activity is no more than 4.2 acres in size.

AB133-ASA1-CA1,596,16 2. The site of the activity is zoned for technology park use and is in the vicinity of a manufacturing facility.

AB133-ASA1-CA1,596,17 3. The site of the activity is located in Dunn County.

AB133-ASA1-CA1,596,21 (b) Before any person engages in the activity described in par. (a), the U.S. Army Corps of Engineers shall have issued a permit for the activity that contains a mitigation plan that requires the creation of at least 1.5 acres of wetland for each acre of wetland affected by the activity.".

AB133-ASA1-CA1,596,22 1383. Page 1239, line 2: after that line insert:

AB133-ASA1-CA1,596,23 " Section 2490z. 281.57 (10t) of the statutes is created to read:

AB133-ASA1-CA1,597,10 281.57 (10t) Loan for a drinking water treatment plant. Notwithstanding subs. (2), (4) to (10) and (12), during the 1999-2001 biennium, the department shall provide a loan of $1,100,000 to the village of Marathon for the upgrading or replacement of a drinking water treatment plant. The department may not charge any interest on the loan. The department may not require the municipality to repay the loan until the municipality receives a grant from the federal environmental protection agency for the upgrading or replacement of the drinking water treatment plant. If the federal environmental protection agency denies the grant or a portion of the grant, the village of Marathon shall repay the amount of the loan that exceeds the amount of the grant.".

AB133-ASA1-CA1,597,11 1384. Page 1244, line 5: substitute "$12,600,000" for " $5,200,000".

AB133-ASA1-CA1,597,12 1385. Page 1245, line 7: delete "and the" and substitute ", the".

AB133-ASA1-CA1,597,14 1386. Page 1245, line 8: after "loan program" insert " and the safe drinking water loan program".

AB133-ASA1-CA1,597,15 1387. Page 1245, line 12: delete "or the" and substitute ", the".

AB133-ASA1-CA1,597,17 1388. Page 1245, line 13: after "program" insert "or the safe drinking water loan program".

AB133-ASA1-CA1,597,20 1389. Page 1246, line 7: after "loan program" insert " plus the amounts required to be paid under s. 20.320 (2) (c) and (u) for the safe drinking water loan program".

AB133-ASA1-CA1,597,21 1390. Page 1246, line 10: after that line insert:

AB133-ASA1-CA1,597,22 " Section 2510m. 281.59 (4) (f) of the statutes is amended to read:

AB133-ASA1-CA1,598,10 281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program and the urban storm water loan program shall not exceed $1,297,755,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes. Revenue obligations issued under this subsection for the safe drinking water loan program shall not exceed $27,700,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.".

AB133-ASA1-CA1,598,11 1391. Page 1276, line 4: after that line insert:

AB133-ASA1-CA1,598,12 " Section 2554j. 285.48 of the statutes is created to read:

AB133-ASA1-CA1,598,14 285.48 Nitrogen oxide emissions reductions. (1) Definitions. In this section:

AB133-ASA1-CA1,598,19 (a) "Call" means a call to implement a state implementation plan that is issued by the federal environmental protection agency before the effective date of this paragraph .... [revisor inserts date], or after that date arising out of a call issued before that date, including a call issued after that date pursuant to a federal court order or otherwise.

AB133-ASA1-CA1,598,20 (b) "Electric cooperative" has the meaning given in s. 76.48 (1g) (c).

AB133-ASA1-CA1,598,21 (c) "Midcontinent area" has the meaning given in s. 16.958 (1) (e).

AB133-ASA1-CA1,599,2 (d) "Northwestern county" means Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Iron, Jackson, La Crosse, Monroe, Pepin, Pierce, Polk, Price, Rusk, Sawyer, St. Croix, Taylor, Trempealeau, Vernon or Washburn county.

AB133-ASA1-CA1,599,3 (e) "Other county" means a county that is not a northwestern county.

AB133-ASA1-CA1,599,4 (f) "Public utility" has the meaning given in s. 196.01 (5).

AB133-ASA1-CA1,599,6 (g) "State implementation plan" means a state implementation plan for control of atmospheric ozone in another state.

AB133-ASA1-CA1,599,8 (h) "Summer" means the period beginning on May 1 and ending on September 30 of each year.

AB133-ASA1-CA1,599,16 (2) Applicability. This section applies if the department of natural resources, pursuant to a call, issues a state implementation plan that requires electric generating facilities in the midcontinent area of this state to comply with nitrogen oxide emission reduction requirements. If the department of natural resources issues such a plan, the department of natural resources shall notify the department of administration and the public service commission. The notice shall specify the date on which electric generating facilities in the midcontinent area of this state are required to comply with the initial nitrogen oxide emission reduction requirements.

AB133-ASA1-CA1,599,21 (3) Nitrogen oxide emissions standards and limitations. (a) In establishing nitrogen oxide emission reduction requirements for the control of atmospheric ozone in another state pursuant to a call, the department may not, in a state implementation plan, by rule or through the adoption of control strategies, establish nitrogen oxide emissions standards or limitations that do any of the following:

AB133-ASA1-CA1,599,24 1. Require less than 2,234 tons, or the greater number of tons determined under par. (d) 1., in total nitrogen oxide emissions each summer from all electric generating facilities located in northwestern counties that are owned by electric cooperatives.

AB133-ASA1-CA1,600,3 2. Require less than 315 tons, or the greater number of tons determined under par. (d) 1., in total nitrogen oxide emissions each summer from all electric generating facilities located in northwestern counties that are owned by public utilities.

AB133-ASA1-CA1,600,7 3. Require less than 15,157 tons, or the greater number of tons determined under par. (d) 1., in total nitrogen oxide emissions each summer from all electric generating facilities located in other counties owned by public utilities or electric cooperatives.

AB133-ASA1-CA1,600,9 (b) The department shall issue emissions allowances in a number that is sufficient to allow the emissions specified in par. (a).

AB133-ASA1-CA1,600,12 (c) The department may not, based on this section, require reductions of nitrogen oxide emissions that are in addition to any reductions required in a state implementation plan from any of the following:

AB133-ASA1-CA1,600,14 1. Any stationary source located in this state that is not an electric generating facility owned by a public utility or electric cooperative.

AB133-ASA1-CA1,600,15 2. Any mobile source.

AB133-ASA1-CA1,600,19 (d) If the department of natural resources implements a state implementation plan specified in sub. (2) in a manner that requires reductions in nitrogen oxide emissions that are lower than the reductions set forth in the call published on October 27, 1998, the department of natural resources shall do each of the following:

AB133-ASA1-CA1,600,21 1. Determine the amounts by which the number of tons specified in par. (a) 1., 2. and 3. shall be increased to reflect the lower reductions.

AB133-ASA1-CA1,600,23 2. Take action that is necessary to relax any related emissions control requirements in a manner that reflects the lower reductions.

AB133-ASA1-CA1,601,3 3. Determine the amount by which the $2,400,000 in assessments under s. 196.86 (2) shall be decreased to reflect the lower reductions and provide notice of the decreased amount to the public service commission.

AB133-ASA1-CA1,601,7 4. Determine the amount by which the $2,500,000 that is transferred to the air quality improvement fund under s. 16.958 (2) (a) shall be decreased to reflect the lower reductions and provide notice of the decreased amount to the department of administration.

AB133-ASA1-CA1,601,11 (4) Low-income weatherization and energy conservation measures; renewable energy uses. The department shall ensure that at least 866 tons of total annual reductions in nitrogen oxide emissions required under the state implementation plan are achieved through any of the following:

AB133-ASA1-CA1,601,15 (a) The use of renewable energy, including renewable energy that is provided by electric providers for the purpose of complying with the requirements of s. 196.378 (2) (a), or renewable energy that is used under programs specified in s. 196.374 (2) (d) that are funded by expenditures under s. 196.374 (3).

AB133-ASA1-CA1,601,19 (b) The implementation of low-income weatherization and energy conservation measures, including programs established under s. 16.957 (2) (a) or (b) or programs specified in s. 196.374 (2) (a) or (b) that are funded by expenditures under s. 196.374 (3).

AB133-ASA1-CA1,602,3 285.49 Trading program for nitrogen oxide emissions credits. The department shall establish or authorize air contaminant sources to participate in a market-based trading program for the purchase, sale and transfer of nitrogen oxide emissions credits for use in any state implementation plan under s. 285.11 (6) that requires reductions in nitrogen oxide emissions. To the extent allowed under federal law, the department shall allow nitrogen oxide emissions reductions by any source in this state, regardless of whether the source is subject to nitrogen oxide controls under a state implementation plan, to be purchased, sold or transferred under the trading program.".

AB133-ASA1-CA1,602,4 1392. Page 1277, line 18: after that line insert:

AB133-ASA1-CA1,602,5 " Section 2556. 285.69 (2) (c) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,602,8 285.69 (2) (c) (intro.) The fees collected under par. pars. (a) and (e) shall be credited to the appropriations under s. 20.370 (2) (bg), (3) (bg), (8) (mg) and (9) (mh) for the following:

AB133-ASA1-CA1, s. 2557c Section 2557c. 285.69 (2) (e) of the statutes is created to read:

AB133-ASA1-CA1,602,13 285.69 (2) (e) Beginning in 2001, the owner or operator of a stationary source for which an operation permit is required shall pay to the department an annual fee of $2.86 per ton of actual emissions in the preceding year of all air contaminants on which the fee under par. (a) is based.".

AB133-ASA1-CA1,602,15 1393. Page 1278, line 17: delete the material beginning with that line and ending with page 1279, line 10, and substitute: