Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,388,9 3. Specify by rule the content, format and procedures for submitting a report under sub. (2).

AB133-SSA1-SA1,388,12 (b) The department may monitor the data contained in the reports submitted under sub. (2) to ensure the quality of that data and to make improvements in reporting methods.

AB133-SSA1-SA1,388,18 (4) Council on birth defect prevention and surveillance. The council on birth defect prevention and surveillance, created under s. 15.197 (12), shall make recommendations to the department regarding the establishment of a registry that documents the diagnosis and treatment in the state of an infant or child who has a birth defect, as required under sub. (3) (a) 1. and regarding the rules that the department is required to promulgate under sub. (3) (a) 2. and 3.

AB133-SSA1-SA1,388,22 (5) Confidentiality. (a) Any information contained in a report made to the department under sub. (2) that may specifically identify the subject of the report is confidential. The department may not release that confidential information except to the following, under the following conditions:

AB133-SSA1-SA1,388,24 1. The parent or guardian of an infant or child for whom a report is made under sub. (2).

AB133-SSA1-SA1,389,7 2. A local health officer, upon receipt of a written request and informed written consent from the parent or guardian of the infant or child. The local health officer may disclose information received under this subdivision only to the extent necessary to render and coordinate follow-up care for the infant or child or to conduct a health, demographic or epidemiological investigation. The local health officer shall destroy all information received under this subdivision within one year after receiving it.

AB133-SSA1-SA1,389,10 3. A physician, hospital or pediatric specialty clinic reporting under sub. (2), for the purpose of verification of information reported by the physician, hospital or pediatric specialty clinic.

AB133-SSA1-SA1,389,20 4. A representative of a federal or state agency upon written request and to the extent that the information is necessary to perform a legally authorized function of that agency, including investigation of causes, mortality, methods of prevention, treatment or care of birth defects, associated diseases or disabilities. The information may not include the name or address of an infant or child with a condition reported under sub. (2). The department shall notify the parent or guardian of an infant or child about whom information is released under this subdivision, of the release. The representative of the federal or state agency may disclose information received under this paragraph only as necessary to perform the legally authorized function of that agency for which the information was requested.

AB133-SSA1-SA1,389,22 (b) The department may also release confidential information to a person proposing to conduct research if all of the following conditions are met:

AB133-SSA1-SA1,390,2 1. The person proposing to conduct the research applies in writing to the department for approval to perform the research and the department approves the application. The application for approval shall include a written protocol for the proposed research, the person's professional qualifications to perform the proposed research and any other information requested by the department.

AB133-SSA1-SA1,390,4 2. The research is for the purpose of studying birth defects surveillance and prevention.

AB133-SSA1-SA1,390,15 3. If the research will involve direct contact with a subject of a report made under sub. (2) or with any member of the subject's family, the department determines that the contact is necessary for meeting the research objectives and that the research is in response to a public health need or is for the purpose of or in connection with birth defects surveillance or investigations sponsored and conducted by public health officials. The department must also determine that the research has been approved by a certified institutional review board or a committee for the protection of human subjects in accordance with the regulations for research involving human subjects required by the federal department of health and human services for projects supported by that agency. Contact may only be made in a manner and method approved by the department.

AB133-SSA1-SA1,390,17 4. The person agrees in writing that the information provided will be used only for the research approved by the department.

AB133-SSA1-SA1,390,19 5. The person agrees in writing that the information provided will not be released to any person except other persons involved in the research.

AB133-SSA1-SA1,390,22 6. The person agrees in writing that the final product of the research will not reveal information that may specifically identify the subject of a report made under sub. (2).

AB133-SSA1-SA1,390,24 7. The person agrees in writing to any other conditions imposed by the department.".

AB133-SSA1-SA1,391,2 1006. Page 1233, line 22: delete that line and substitute "section, "board" means the tobacco control board.".

AB133-SSA1-SA1,391,4 1007. Page 1233, line 23: delete the material beginning with that line and ending with page 1234, line 19 and substitute:

AB133-SSA1-SA1,391,5 "(1m) Duties. The board shall do all of the following:

AB133-SSA1-SA1,391,8 (a) Appoint an executive director within the classified service who shall employ staff within the classified service with appropriate programmatic and technical expertise.

AB133-SSA1-SA1,391,9 (b) Administer the grant program under sub. (3).

AB133-SSA1-SA1,391,13 (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-SSA1-SA1,391,15 (d) Provide a forum for the discussion, development, and recommendation of public policy alternatives in the field of smoking cessation and prevention.

AB133-SSA1-SA1,391,20 (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-SSA1-SA1,391,24 (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-SSA1-SA1,392,2 1008. Page 1234, line 20: delete "20.435 (5) (tc)" and substitute "20.436 (1) (tc)".

AB133-SSA1-SA1,392,3 1009. Page 1234, line 21: delete "department" and substitute "board".

AB133-SSA1-SA1,392,4 1010. Page 1235, line 11: delete lines 11 to 19 and substitute:

AB133-SSA1-SA1,392,6 "(b) From the appropriation under s. 20.436 (1) (tc), the board may distribute grants for any of the following:".

AB133-SSA1-SA1,392,7 1011. Page 1236, line 8: after that line insert:

AB133-SSA1-SA1,392,9 "10. Development of policies that restrict access to tobacco products and reduce exposure to environmental tobacco smoke.".

AB133-SSA1-SA1,392,10 1012. Page 1236, line 11: delete lines 11 to 21 and substitute:

AB133-SSA1-SA1,392,14 "(d) From the appropriation under s. 20.436 (1) (tb), beginning in fiscal year 2000-01 and annually thereafter, the board 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-SA1,392,21 (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-SSA1-SA1,393,2 (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-SSA1-SA1,393,5 (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-SSA1-SA1,393,6 1013. Page 1236, line 21: after that line insert:

AB133-SSA1-SA1,393,7 " Section 2486u. 281.01 (3e) of the statutes is created to read:

AB133-SSA1-SA1,393,9 281.01 (3e) "Design-build construction process" has the meaning given in s. 59.52 (29) (c) 1.".

AB133-SSA1-SA1,393,10 1014. Page 1238, line 10: after that line insert:

AB133-SSA1-SA1,393,11 " Section 2487x. 281.165 of the statutes is created to read:

AB133-SSA1-SA1,393,19 281.165 Compliance with water quality standards for wetlands. 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 following requirements:

AB133-SSA1-SA1,393,21 (1) The wetland area that will be affected by the activity is less than 15 acres in size.

AB133-SSA1-SA1,393,23 (2) The site of the activity is zoned for industrial use and is in the vicinity of a manufacturing facility.

AB133-SSA1-SA1,394,2 (3) The site of the activity is within the corporate limits of a city on January 1, 1999.

AB133-SSA1-SA1,394,5 (4) 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-SSA1-SA1,394,6 (5) The site of the activity is located in Trempealeau County.".

AB133-SSA1-SA1,394,7 1015. Page 1238, line 10: after that line insert:

AB133-SSA1-SA1,394,8 " Section 2489e. 281.41 (1) of the statutes is amended to read:

AB133-SSA1-SA1,395,22 281.41 (1) Except as provided under sub. (2), every owner, within the time prescribed by the department, shall file with the department a certified copy of complete plans of a proposed system or plant or extension thereof, in scope and detail satisfactory to the department, and, if required, of existing systems or plants, and such other information concerning maintenance, operation and other details as the department requires, including the information specified under s. 281.35 (5) (a), if applicable. An owner contracting for a system, plant or extension under the design-build construction process, other than an owner that is a town or the state, may submit to the department performance objectives and preliminary designs in a form that is satisfactory to the department, rather than complete plans. Material changes with a statement of the reasons shall be likewise submitted. Before plans are drawn a statement concerning the improvement may be made to the department and the department may, if requested, outline generally what it will require. Upon receipt of such plans for approval, the department or its duly authorized representative shall notify the owner of the date of receipt. Within 90 days from the time of receipt of complete plans or within the time specified in s. 281.35 (5) (c), if applicable, the department or its authorized representative shall examine and take action to approve, approve conditionally or reject the plans and shall state in writing any conditions of approval or reasons for rejection. Approval or disapproval of such plans and specifications shall not be contingent upon eligibility of such project for federal aid. The time period for review may be extended by agreement with the owner if the plans and specifications cannot be reviewed within the specified time limitation due to circumstances beyond the control of the department or in the case of extensive installation involving expenditures of $350,000 or more. The extension shall not exceed 6 months. Failure of the department or its authorized representative to act before the expiration of the time period allowed for review shall constitute an approval of the plans, and upon demand a written certificate of approval shall be issued. Approval may be subject to modification by the department upon due notice. Construction or material change shall be according to approved plans only. The department may disapprove plans which are not in conformance with any existing approved areawide waste treatment management plan prepared pursuant to the federal water pollution control act, P.L. 92-500, as amended, and shall disapprove plans that do not meet the grounds for approval specified under s. 281.35 (5) (d), if applicable. The department shall require each person whose plans are approved under this section to report that person's volume and rate of water withdrawal, as defined under s. 281.35 (1) (m), and that person's volume and rate of water loss, as defined under s. 281.35 (1) (L), if any, in the form and at the times specified by the department.".

AB133-SSA1-SA1,395,23 1016. Page 1245, line 7: delete "and the" and substitute ", the".

AB133-SSA1-SA1,396,2 1017. Page 1245, line 8: after "loan program" insert " and the safe drinking water loan program".

AB133-SSA1-SA1,396,3 1018. Page 1245, line 12: delete "or the" and substitute ", the".

AB133-SSA1-SA1,396,5 1019. Page 1245, line 13: after "program" insert "or the safe drinking water loan program".

AB133-SSA1-SA1,396,8 1020. 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-SSA1-SA1,396,9 1021. Page 1246, line 10: after that line insert:

AB133-SSA1-SA1,396,10 " Section 2510m. 281.59 (4) (f) of the statutes is amended to read:

AB133-SSA1-SA1,396,20 281.59 (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-SSA1-SA1,396,21 1022. Page 1275, line 18: delete lines 18 to 21.

AB133-SSA1-SA1,396,22 1023. Page 1275, line 21: after that line insert:

AB133-SSA1-SA1,396,23 " Section 2554em. 285.14 of the statutes is created to read:

AB133-SSA1-SA1,397,7 285.14 Air pollution control; limitation. Notwithstanding s. 285.11 (6), in establishing nitrogen oxide emission reductions for the control of atmospheric ozone in another state pursuant to a call for a state implementation plan issued by the federal environmental protection agency before the effective date of this section .... [revisor inserts date], the department may not, in an implementation plan, by rule or through the adoption of control strategies, regulate nitrogen oxide emissions from motor vehicle manufacturing facilities.".

AB133-SSA1-SA1,397,8 1024. Page 1276, line 4: after that line insert:

AB133-SSA1-SA1,397,9 " Section 2554j. 285.48 of the statutes is created to read:

AB133-SSA1-SA1,397,19 285.48 Nitrogen oxide emissions from certain electric generation facilities. (1) In establishing nitrogen oxide emission reductions for the control of atmospheric ozone in another state pursuant to a call for a state implementation plan issued prior to the effective date of this subsection .... [revisor inserts date], the department may not, in an implementation plan under s. 285.11 (6), by rule or through the adoption of control strategies, regulate nitrogen oxide emissions from electric generation facilities that are located in 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-SSA1-SA1,397,23 (2) The department may not, based solely on the prohibition under sub. (1), require more stringent nitrogen oxide emission reductions for any electric utility, as defined in s. 196.491 (1) (d), or large industrial core source in this state that is identified by the federal environmental protection agency.".

AB133-SSA1-SA1,398,2 1025. Page 1276, line 5: delete the material beginning with that line and ending with page 1277, line 18, and substitute:

AB133-SSA1-SA1,398,3 " Section 2556. 285.69 (2) (c) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,398,6 285.69 (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-SSA1-SA1, s. 2557 Section 2557. 285.69 (2) (e) of the statutes is created to read:

AB133-SSA1-SA1,398,12 285.69 (2) (e) The owner or operator of a stationary source for which an operation permit is required shall pay to the department an annual facility fee based on the total amount of actual emissions in the preceding year of all air contaminants on which the fee under par. (a) is based, if the total amount of those emissions is 5 tons or more. The amount of the fee is as follows:

AB133-SSA1-SA1,398,14 1. If the total amount of emissions is at least 5 tons but does not exceed 25 tons, $50.

AB133-SSA1-SA1,398,16 2. If the total amount of emissions exceeds 25 tons but does not exceed 100 tons, $650.

AB133-SSA1-SA1,398,18 3. If the total amount of emissions exceeds 100 tons but does not exceed 250 tons, $2,000.

AB133-SSA1-SA1,398,20 4. If the total amount of emissions exceeds 250 tons but does not exceed 4,000 tons, $7,000.

AB133-SSA1-SA1,398,21 5. If the total amount of the emissions exceeds 4,000 tons, $20,000.".

AB133-SSA1-SA1,398,22 1026. Page 1278, line 16: delete lines 16 to 25.

AB133-SSA1-SA1,398,23 1027. Page 1279, line 1: delete lines 1 to 10.

AB133-SSA1-SA1,398,24 1028. Page 1279, line 8: before that line insert:

AB133-SSA1-SA1,399,1 " Section 2563dd. 287.23 (5) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,399,6 287.23 (5) Grant award for years before 2000. (intro.) The department shall award a grant to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b). Except as provided under sub. (5m) or (5p), the amount of the grant for years before 2000 shall be determined as follows:

AB133-SSA1-SA1, s. 2563de Section 2563de. 287.23 (5) (d) of the statutes is created to read:

AB133-SSA1-SA1,399,8 287.23 (5) (d) This subsection does not apply after December 31, 1999.

AB133-SSA1-SA1, s. 2563dh Section 2563dh. 287.23 (5c) of the statutes is created to read:

AB133-SSA1-SA1,399,15 287.23 (5c) Grant award for 2000 and thereafter. Beginning with grants for calendar year 2000, the department shall award a grant to each eligible responsible unit that submits a complete grant application under sub. (4). Grants under this subsection shall be paid from the appropriation under s. 20.370 (6) (bu). Except as provided in sub. (5m) or (5p), the amount of the grant shall be the sum of the following:

AB133-SSA1-SA1,399,17 (a) The product of $11.45 times the population served at least once per month by residential collection of at least 2 of the materials listed in s. 287.07 (3).

AB133-SSA1-SA1,399,20 (b) The product of $5.85 times the population served by a system for collecting materials listed in s. 287.07 (3) taken by individuals to designated collection sites. The population counted under par. (a) may not be counted under this paragraph.

AB133-SSA1-SA1, s. 2563dp Section 2563dp. 287.23 (5e) of the statutes is renumbered 287.23 (5e) (a) and amended to read:

AB133-SSA1-SA1,400,3 287.23 (5e) (a) If For calendar years before 2000, if available funds are insufficient, under sub. (5) (c) 2., 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. were $6 receives $6 times its population and shall prorate the remaining funds.