Amendment SSA1-AB133

AB133-SSA1,1226,13 254.35 (3) (f) For an industrial, school, research project or other site having an ionizing radiation installation and radioactive materials in any quantity, the fee shall be at least $25 $36 for each site and at least $30 $44 for each X-ray tube.

AB133-SSA1, s. 2472 Section 2472. 254.35 (3) (fm) of the statutes is created to read:

AB133-SSA1,1226,19 254.35 (3) (fm) For any site that has generally licensed devices that are not exempted by the department, the fee shall be at least $100 for each site and at least $50 for each device that contains at least 370 MBq or 10 mCi of cesium-137; 37 MBq or 1.0 mCi of cobalt-60; 3.7 MBq or 0.1 mCi of strontium-90; or 37 MBq or 1.0 mCi of a transuranic.

AB133-SSA1, s. 2473 Section 2473. 254.35 (3) (g) of the statutes is amended to read:

AB133-SSA1,1226,24 254.35 (3) (g) The fees under this subsection shall be as stated unless the department promulgates rules to increase the annual registration fee after January 1, 1986, for a site having an ionizing radiation installation or, for an X-ray tube or for generally licensed devices that are not exempted by the department.

AB133-SSA1, s. 2474 Section 2474. 254.35 (4) of the statutes is amended to read:

AB133-SSA1,1227,10 254.35 (4) Exemptions. The department shall After initial registration under sub. (1), the department may exempt from annual registration any source licensed by the nuclear regulatory commission and may exempt from registration any source of radiation installation which of radiation that the department finds to be without undue radiation hazard as determined by standards established by the national committee on radiation protection and measurements or any comparable nationally recognized agency established for the purpose of recommending standards for radiation protection, and after the initial registration may exempt from subsequent annual radiation requirements any source of radiation devoted primarily to industrial purposes.

AB133-SSA1, s. 2475 Section 2475. 254.36 of the statutes is renumbered 254.34 (1) (am) and amended to read:

AB133-SSA1,1227,21 254.34 (1) (am) Radiation protection. The department shall promulgate a radiation protection code. Other departments and agencies of state government and A rule identical to a rule specified under par. (a) may be promulgated by a state agency other than the department and an ordinance identical to a rule specified under par. (a) may be enacted by a local governmental units may adopt the identical code unit, but no other rule , code or ordinance relating to this subject may be promulgated or enacted may be promulgated or ordinance may be enacted that differs from a rule under par. (a) and relates to the same subject area except as provided under ss. 166.03 (2) (b) 6., 293.15 (8) and 293.25.

AB133-SSA1, s. 2476 Section 2476. 254.365 of the statutes is created to read:

AB133-SSA1,1228,2 254.365 Licensing of radioactive material. (1) License required. No person may possess, use, manufacture, transport, store, transfer or dispose of radioactive material or a device or item of equipment that uses radioactive material or may operate a site that uses radioactive material that is not under the authority of the U.S. nuclear regulatory commission unless one of the following applies:

AB133-SSA1,1228,3 (a) The person has a specific license issued by the department.

AB133-SSA1,1228,4 (b) The person meets general license requirements.

AB133-SSA1,1228,6 (c) The person possesses a license issued by another state or by the U.S. nuclear regulatory commission that is reciprocally recognized by the department.

AB133-SSA1,1228,7 (d) The person is exempted from licensure under sub. (7).

AB133-SSA1,1228,9 (2) Application. Application for a license under sub. (1) (a) or for reciprocal recognition under sub. (1) (c) shall be made on forms provided by the department.

AB133-SSA1,1228,16 (3) Modification or termination of license. Within 30 days after any change to the information on a license issued under this section, the licensee shall inform the department of the change and the department shall record the changed information. Within 30 days after termination of an activity licensed under this section, the person in control of the activity shall notify the department. The department may require that the person in control submit to the department for approval a plan for decommissioning the activity.

AB133-SSA1,1228,17 (4) Rules. The department shall promulgate rules for all of the following:

AB133-SSA1,1228,19 (a) The issuance, modification, suspension, termination and revocation of specific licenses under sub. (1) (a) under the standards specified in s. 254.34 (1) (a).

AB133-SSA1,1228,20 (b) The requirements for a general license under sub. (1) (b).

AB133-SSA1,1228,22 (5) Fees and charges. (a) The department may assess fees, the amounts of which are prescribed by the department by rule, for any of the following:

AB133-SSA1,1228,23 1. Issuance of an initial or renewal specific license under sub. (1) (a).

AB133-SSA1,1228,24 2. Annual license maintenance.

AB133-SSA1,1228,25 3. Issuance of a license amendment.

AB133-SSA1,1229,1 4. Termination of a license.

AB133-SSA1,1229,3 5. Issuance of reciprocal recognition of a license for radioactive materials of another state or the U.S. nuclear regulatory commission.

AB133-SSA1,1229,7 (b) The department may assess a late payment charge of 25% of the specific license renewal fee, in addition to the fee under par. (a) for renewal of a specific license, if payment for renewal of a specific license is not made within 30 days after the license expiration date.

AB133-SSA1,1229,11 (6) Denial, suspension or revocation of licensure. The department may, after a hearing under ch. 227, refuse to issue a license or suspend or revoke a license for failure by the licensee to comply with this subchapter, rules promulgated by the department under this subchapter or any condition of the license.

AB133-SSA1,1229,14 (7) Exemption. The department may exempt from licensing requirements of this section radioactive material that the department finds is without undue radiation hazard.

AB133-SSA1, s. 2477 Section 2477. 254.37 (1) of the statutes is renumbered 254.37 (1) (intro.) and amended to read:

AB133-SSA1,1229,21 254.37 (1) Notification of violation and order of abatement. (intro.) Whenever the department or the department of commerce finds, upon inspection and examination, that a source of radiation as constructed, operated or maintained results in a violation of this subchapter or of any rules promulgated under this subchapter, it the department shall notify do all of the following:

AB133-SSA1,1229,23 (a) Notify the person in control that is causing, allowing or permitting the violation as to the nature of the violation and order .

AB133-SSA1,1230,2 (b) Order that, prior to a specified time, the person in control shall cease and abate causing, allowing or permitting the violation and take such action as may be necessary to have the source of radiation constructed, operated, or maintained in compliance with this subchapter and rules promulgated under this subchapter.

AB133-SSA1, s. 2478 Section 2478. 254.37 (2) of the statutes is amended to read:

AB133-SSA1,1230,12 254.37 (2) Orders. The department or the department of commerce shall issue and enforce such orders or modifications of previously issued orders as may be required in connection with proceedings under this subchapter. The orders shall be subject to review by the department upon petition of the persons affected. Whenever the department or the department of commerce finds that a condition exists which that constitutes an immediate threat to health due to violation of this subchapter or any rule or order promulgated under this subchapter, it may issue an order reciting the existence of the threat and the findings pertaining to the threat. The department or the department of commerce may summarily cause the abatement of the violation.

AB133-SSA1, s. 2479 Section 2479. 254.37 (3) of the statutes is amended to read:

AB133-SSA1,1230,21 254.37 (3) Rules. The department shall promulgate and enforce the rules pertaining to ionizing radiation in establishments principally engaged in furnishing medical, surgical, chiropractic and other health services to persons and animals. The department of commerce shall enforce the rules pertaining to ionizing radiation in industrial establishments. The department shall notify the department of commerce and deliver to it a copy of each new registration and at such time a decision shall be made as to which state agency shall enforce the rules pertaining to ionizing radiation.

AB133-SSA1, s. 2480 Section 2480. 254.37 (4) of the statutes is amended to read:

AB133-SSA1,1230,25 254.37 (4) Enforcement Jurisdiction. All orders issued under this subchapter shall be enforced by the attorney general. The circuit court of Dane county shall have jurisdiction to enforce the orders by injunctional and other appropriate relief.

AB133-SSA1, s. 2481 Section 2481. 254.38 (title) of the statutes is created to read:

AB133-SSA1,1231,2 254.38 (title) Emergency authority.

AB133-SSA1, s. 2482 Section 2482. 254.38 of the statutes is renumbered 254.38 (1) and amended to read:

AB133-SSA1,1231,9 254.38 (1) Impounding materials. The department or department of commerce may impound or order the sequestration of sources of radiation in the possession of any person who is not equipped to observe or who fails to observe safety standards to protect health that are established in rules promulgated by the department or the department of commerce.

AB133-SSA1, s. 2483 Section 2483. 254.38 (2) of the statutes is created to read:

AB133-SSA1,1231,21 254.38 (2) Emergency orders. If the department finds that an emergency exists concerning a matter subject to regulation under this subchapter that requires immediate action to protect the public health or safety, the department may issue an emergency order without notice or hearing that recites the existence of the emergency and requires such action as is necessary to mitigate the emergency. Any person to whom the order is issued shall immediately comply with the order. A person to whom an emergency order is issued shall be afforded a hearing within 30 days after receipt by the department of a written request for the hearing. An emergency order is effective upon issuance and remains in effect for up to 90 days after issuance, except that the order may be revoked or modified based on the results of the hearing.

AB133-SSA1, s. 2484 Section 2484. 254.39 (2) of the statutes is amended to read:

AB133-SSA1,1231,25 254.39 (2) This subchapter does not apply to on-site activities of any nuclear reactor plant licensed by the nuclear regulatory commission U.S. nuclear regulatory commission.

AB133-SSA1, s. 2485 Section 2485. 254.45 of the statutes is repealed and recreated to read:

AB133-SSA1,1232,6 254.45 Penalties. (1) General. (a) Any person who violates this subchapter or a rule promulgated under this subchapter or a condition of a license or registration issued by the department under this subchapter may be required to forfeit not less than $100 nor more than $100,000. Each day of continued violation constitutes a separate offense.

AB133-SSA1,1232,8 (b) The amount of the forfeiture assessed under par. (a) shall be determined by considering all of the following:

AB133-SSA1,1232,9 1. The wilfulness of the violation.

AB133-SSA1,1232,12 2. The person's previous violations, if any, of this subchapter, rules promulgated under this subchapter or conditions of a license or registration issued by the department under this subchapter.

AB133-SSA1,1232,14 3. The potential danger or actual or potential injury to the environment or to public health caused by the violation.

AB133-SSA1,1232,15 4. The actual or potential costs of the damage or injury caused by the violation.

AB133-SSA1,1232,21 (2) Assessment of forfeitures; notice. The department may directly assess forfeitures provided for in sub. (1). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the person. The notice shall specify the amount of the forfeiture assessed and the violation and the statute or rule alleged to have been violated and shall inform the person of the right to hearing under sub. (3).

AB133-SSA1,1233,6 (3) Hearing. A person upon whom a forfeiture is imposed may contest the action by sending, within 10 days after receipt of notice of a contested action, a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days of receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227.

AB133-SSA1,1233,13 (4) Forfeiture payment and disposition. (a) A person against whom the department has assessed a forfeiture shall pay the forfeiture to the department within 10 days after receipt of the notice under sub. (2) or, if the person contests the assessment, within 10 days after receipt of the final decision after exhaustion of administrative review. If the person petitions for judicial review under ch. 227, the person shall pay the forfeiture within 10 days after receipt of the final judicial decision.

AB133-SSA1,1233,15 (b) The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

AB133-SSA1,1233,19 (5) Enforcement. The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid as required under sub. (4). The only issue to be contested in an action under this subsection is whether the forfeiture has been paid.

AB133-SSA1, s. 2486g Section 2486g. 255.15 of the statutes is created to read:

AB133-SSA1,1233,22 255.15 Statewide tobacco control program. (1) Definitions. In this section, "council" means the tobacco control council.

AB133-SSA1,1234,9 (2) Program development. (a) The council shall develop program and budget recommendations annually for a statewide tobacco control program and shall submit its recommendations not later than February 1, 2000, and annually thereafter, to the secretary of health and family services. In developing the recommendations, the council shall consider successful tobacco control programs in other states and shall base its recommendations on recommendations of the U.S. Centers for Disease Control and Prevention regarding the allocation of funding for comprehensive tobacco control programs. The department shall review the council's recommendations and shall develop, and prepare an annual detailed plan for, a statewide tobacco control program based on the recommendations. The annual plan shall specify how the funds under sub. (3) (b) will be distributed and the projected cost of administering the statewide tobacco control program.

AB133-SSA1,1234,19 (b) Not later than March 1, 2000, and annually thereafter, the department shall submit the plan under par. (a) to the joint committee on finance. If, within 14 days after the submission of the plan, the cochairpersons of the committee do not notify the secretary that a meeting has been scheduled for the purpose of reviewing the plan, the department may expend the funds under sub. (3) (b) and (d) in the manner proposed in the plan. If, within 14 days after the submission of the plan, the cochairpersons notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may expend the funds under sub. (3) (b) and (d) in the manner proposed in the plan only to the extent approved by the committee.

AB133-SSA1,1234,21 (3) Use of funds. (a) From the appropriation under s. 20.435 (5) (tc), the department shall distribute the following amounts to or for all of the following:

AB133-SSA1,1234,24 1. The board of regents of the University of Wisconsin System for the tobacco research and intervention center at the University of Wisconsin-Madison, $1,000,000 in each fiscal year.

AB133-SSA1,1235,3 2. The Thomas T. Melvin youth tobacco prevention and education program under s. 255.10, $1,000,000 in fiscal year 1999-2000 and not less than $1,000,000 in fiscal year 2000-01 and in each fiscal year thereafter.

AB133-SSA1,1235,6 3. A youth smokeless tobacco cessation and prevention campaign developed by the division within the department that has primary responsibility for administering public health programs, $92,000 in fiscal year 1999-2000.

AB133-SSA1,1235,10 4. The Medical College of Wisconsin for tobacco use prevention and cessation activities, $500,000 in fiscal year 2000-01 and in each fiscal year thereafter. Funds distributed under this subdivision may only be used for activities directly related to preventing individuals from smoking and assisting smokers to quit smoking.

AB133-SSA1,1235,15 5. Grants to any applying school in which grade 6, 7 or 8 is taught that purchases in calendar year 1998 or after the module of the Body Awareness Resource Network software produced by Pyramid Media that concerns smoking and tobacco use, $150,000 in fiscal year 2000-01. The amount of the grant to each school may not exceed the actual cost to the school of the software.

AB133-SSA1,1235,19 (b) After consulting with the council regarding the selection of specific programs or activities to be funded under this paragraph and subject to sub. (2) (b), from the appropriation under s. 20.435 (5) (tc), the department may distribute grants for any of the following:

AB133-SSA1,1235,20 1. Community-based programs to reduce tobacco use.

AB133-SSA1,1235,22 2. Community-based programs to reduce the burden of tobacco-related diseases.

AB133-SSA1,1235,23 3. School-based programs relating to tobacco use cessation and prevention.

AB133-SSA1,1235,25 4. Enforcement of local laws aimed at reducing exposure to secondhand smoke and restricting underage access to tobacco.

AB133-SSA1,1236,2 5. Grants for partnerships among statewide organizations and businesses that support activities related to tobacco use cessation and prevention.

AB133-SSA1,1236,3 6. Marketing activities that promote tobacco use cessation and prevention.

AB133-SSA1,1236,5 7. Projects designed to reduce tobacco use among minorities and pregnant women.

AB133-SSA1,1236,6 8. Other tobacco use cessation programs.

AB133-SSA1,1236,8 9. Surveillance of indicators of tobacco use and evaluation of the activities funded under this section.

AB133-SSA1,1236,10 (c) No recipient of moneys distributed under par. (b) may expend more than 10% of those moneys for administrative costs.

AB133-SSA1,1236,14 (d) From the appropriation under s. 20.435 (1) (tc), subject to sub. (2) (b), beginning in fiscal year 2000-01, the department may expend for administration of the program under this section not more than 5% of the total amount deposited in that fiscal year into the tobacco control fund under s. 25.66.

AB133-SSA1,1236,21 (4) Reports. Not later than September 1, 2002, and annually thereafter, the department 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 program under this section. The report shall specify the number of programs supported under sub. (3) (b) during the immediately preceding fiscal year and the purpose of each program. The report shall also specify any donations, grants or bequests to the department for the tobacco control program under this section.

AB133-SSA1, s. 2487 Section 2487. 281.01 (15) of the statutes is amended to read:

AB133-SSA1,1237,7 281.01 (15) "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-SSA1, s. 2487p Section 2487p. 281.16 (3) (e) of the statutes is amended to read:

AB133-SSA1,1237,25 281.16 (3) (e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices or technical standards under this subsection unless cost-sharing is available, under sub. (5) or s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1), 92.15 (4) and 823.08 (3) (c) 2., the department of natural resources shall promulgate rules that specify criteria for determining whether cost-sharing is available under sub. (5) or s. 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source. The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2), 92.105 (1) or 92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.

AB133-SSA1, s. 2487r Section 2487r. 281.16 (4) of the statutes is amended to read:

AB133-SSA1,1238,9 281.16 (4) Application to animal feeding operations. If the department issues a notice of discharge under ch. 283 for an animal feeding operation, the performance standards, prohibitions, conservation practices and technical standards under sub. (3) apply to the animal feeding operation, except that if the animal feeding operation is in existence before October 14, 1997, the performance standards, prohibitions, conservation practices and technical standards only apply if the department determines that cost-sharing is available to the owner or operator of the animal feeding operation under sub. (5), s. 92.14 or 281.65 or from any other source.

AB133-SSA1, s. 2487t Section 2487t. 281.16 (5) of the statutes is repealed.