Amendment JR2 AA1-ASA1-AB1

AB1-ASA1-AA1,222,10 (b) The department shall provide water quality planning services for a county with a population of more than 400,000 that is not within the jurisdiction of a multicounty regional planning commission and the department may not enter into an agreement under which another person provides water quality planning services for the county on behalf of the department.

AB1-ASA1-AA1,222,16 (2) An approved water quality plan that is in effect on September 30, 2002, for a county for which the department provides water quality services under sub. (1) (b) remains in effect after September 30, 2002. As long as the department provides water quality planning services for the county, the department shall apply the approved water quality plan as it exists on September 30, 2002, or may amend the plan and apply the amended plan.".

AB1-ASA1-AA1,222,17 235. Page 182, line 16: after that line insert:

AB1-ASA1-AA1,222,18 " Section 369g. 285.48 (4) (a) of the statutes is amended to read:

AB1-ASA1-AA1,222,22 285.48 (4) (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).

AB1-ASA1-AA1, s. 369r Section 369r. 285.48 (4) (b) of the statutes is amended to read:

AB1-ASA1-AA1,223,4 285.48 (4) (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).".

AB1-ASA1-AA1,223,5 236. Page 182, line 16: after that line insert:

AB1-ASA1-AA1,223,6 " Section 369s. 281.18 of the statutes is created to read:

AB1-ASA1-AA1,223,10 281.18 Limitation on testing requirements. If the department requires the operator of a water treatment plant or a public drinking water fountain to have the water tested, the department may not require that the tests be conducted by the state laboratory of hygiene.".

AB1-ASA1-AA1,223,12 237. Page 182, line 23: delete the material beginning with that line and ending with page 184, line 9.

AB1-ASA1-AA1,223,13 238. Page 184, line 9: after that line insert:

AB1-ASA1-AA1,223,14 " Section 370i. 287.09 (2) (a) of the statutes is amended to read:

AB1-ASA1-AA1,223,18 287.09 (2) (a) Develop and implement a recycling or other program to manage the solid waste generated within its region in compliance with s. 287.07 (1m) to (4) and (2), with either s. 287.07 (3) and (4) or the rules promulgated under s. 287.11 (4), and with the priorities under s. 287.05 (12).

AB1-ASA1-AA1, s. 370ic Section 370ic. 287.11 (2) (a) of the statutes is amended to read:

AB1-ASA1-AA1,223,23 287.11 (2) (a) A public education component to inform residents of the region of the reasons to recycle, local opportunities to recycle and the prohibitions in s. 287.07 (3) and (4) materials that residents are required to recycle under the program under par. (b).

AB1-ASA1-AA1, s. 370id Section 370id. 287.11 (2) (b) (intro.) of the statutes is created to read:

AB1-ASA1-AA1,224,1 287.11 (2) (b) (intro.) One of the following:

AB1-ASA1-AA1, s. 370ie Section 370ie. 287.11 (2) (b) of the statutes is renumbered 287.11 (2) (b) 1.

AB1-ASA1-AA1, s. 370if Section 370if. 287.11 (2) (b) 2. of the statutes is created to read:

AB1-ASA1-AA1,224,5 287.11 (2) (b) 2. A program that the department determines complies with the rules promulgated under sub. (4).

AB1-ASA1-AA1, s. 370ih Section 370ih. 287.11 (2) (er) of the statutes is amended to read:

AB1-ASA1-AA1,224,10 287.11 (2) (er) A prohibition on disposing of in a solid waste disposal facility or burning in a solid waste treatment facility any material identified under s. 287.07 (3) and (4) that is required to be separated for recycling under the program under par. (b) and that is separated for recycling as part of the program.

AB1-ASA1-AA1, s. 370ij Section 370ij. 287.11 (2) (i) of the statutes is amended to read:

AB1-ASA1-AA1,224,17 287.11 (2) (i) A reasonable effort, through the implementation of pars. (a) to (h), as applicable, to reduce to the maximum extent feasible the amount, by weight, of each material specified in s. 287.07 (3) and (4) of a type that is recycled in the program under par. (b) that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility.

AB1-ASA1-AA1, s. 370in Section 370in. 287.11 (4) (a) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 287.11 (4) and 287.11 (4) (intro.), as renumbered, is amended to read:

AB1-ASA1-AA1,224,24 287.11 (4) Pilot program for alternate Alternate method of compliance. (intro.) The department shall administer a pilot program that provides an alternate method of complying with sub. (2) (b). The department shall promulgate rules for the pilot program under this subsection that do all of the following:

AB1-ASA1-AA1, s. 370ip Section 370ip. 287.11 (4) (b) to (e) of the statutes, as created by 2001 Wisconsin Act 16, are repealed.".

AB1-ASA1-AA1,225,3 239. Page 185, line 13: delete lines 13 to 17.

AB1-ASA1-AA1,225,4 240. Page 185, line 17: after that line insert:

AB1-ASA1-AA1,225,5 " Section 370n. 289.96 (3) (b) of the statutes is amended to read:

AB1-ASA1-AA1,225,14 289.96 (3) (b) In addition to the penalties provided under par. (a), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this paragraph. Ten percent of the money deposited in the general fund that was awarded under this paragraph for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).".

AB1-ASA1-AA1,225,15 241. Page 186, line 6: after that line insert:

AB1-ASA1-AA1,225,16 " Section 372g. 292.99 (2) of the statutes is amended to read:

AB1-ASA1-AA1,226,2 292.99 (2) In addition to the penalties provided under subs. (1) and (1m), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

AB1-ASA1-AA1, s. 372n Section 372n. 293.87 (4) (b) of the statutes is amended to read:

AB1-ASA1-AA1,226,12 293.87 (4) (b) In addition to the penalties provided under par. (a), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this paragraph. Ten percent of the money deposited in the general fund that was awarded under this paragraph for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

AB1-ASA1-AA1, s. 372q Section 372q. 295.19 (3) (b) 2. of the statutes is amended to read:

AB1-ASA1-AA1,226,22 295.19 (3) (b) 2. In addition to the penalties provided under subd. 1., the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subdivision. Ten percent of the money deposited in the general fund that was awarded under this subdivision for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).".

AB1-ASA1-AA1,226,23 242. Page 186, line 13: after that line insert:

AB1-ASA1-AA1,226,24 " Section 373n. 299.97 (2) of the statutes is amended to read:

AB1-ASA1-AA1,227,9 299.97 (2) In addition to the penalties provided under sub. (1), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).".

AB1-ASA1-AA1,227,10 243. Page 186, line 13: after that line insert:

AB1-ASA1-AA1,227,11 " Section 373f. 299.83 of the statutes is created to read:

AB1-ASA1-AA1,227,12 299.83 Environmental results program. (1) Definitions. In this section:

AB1-ASA1-AA1,227,14 (a) "Covered facility or activity" means a facility or activity that is included, or intended to be included, in the program.

AB1-ASA1-AA1,227,18 (b) "Environmental management system" means an organized set of procedures to evaluate environmental performance and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in operations.

AB1-ASA1-AA1,227,22 (bm) "Environmental management system audit" means a review, of an environmental management system, that is conducted in accordance with standards and guidelines issued by the International Organization for Standardization and the results of which are documented and communicated to employees of the participant.

AB1-ASA1-AA1,228,3 (c) "Environmental performance," unless otherwise qualified, means the effects, whether regulated under chs. 29 to 31, 160, and 280 to 299 or unregulated, of a facility or activity on air, water, land, natural resources, and human health.

AB1-ASA1-AA1,228,6 (d) "Environmental requirement" means a requirement in chs. 29 to 31, 160, or 280 to 299, a rule promulgated under one of those chapters, or a permit, license, other approval, or order issued by the department under one of those chapters.

AB1-ASA1-AA1,228,10 (dg) "Functionally equivalent environmental management system" means an environmental management system that includes all of the following elements and any other elements that the department determines are essential elements of International Organization for Standardization standard 14001:

AB1-ASA1-AA1,228,13 1. Adoption of an environmental policy that includes a commitment to compliance with environmental requirements, pollution prevention, and continual improvement in environmental performance.

AB1-ASA1-AA1,228,15 2. An analysis of the environmental aspects and impacts of the entity's activities.

AB1-ASA1-AA1,228,17 3. Plans and procedures to achieve compliance with environmental requirements and to maintain that compliance.

AB1-ASA1-AA1,228,18 4. Identification of all environmental requirements applicable to the entity.

AB1-ASA1-AA1,228,20 5. A process for setting environmental objectives and developing appropriate action plans to meet the objectives.

AB1-ASA1-AA1,228,22 6. Establishment of a structure for operational control and responsibility for environmental performance.

AB1-ASA1-AA1,228,24 7. An employee training program to develop awareness of and competence to manage environmental issues.

AB1-ASA1-AA1,229,2 8. A plan for taking actions to prevent environmental problems and for taking emergency response and corrective actions when environmental problems occur.

AB1-ASA1-AA1,229,5 9. A communication plan for collaboration with employees, the public, and the department on the design of projects and activities to achieve continuous improvement in environmental performance.

AB1-ASA1-AA1,229,7 10. Procedures for control of documents and for keeping records related to environmental performance.

AB1-ASA1-AA1,229,8 11. Audits of the environmental management system.

AB1-ASA1-AA1,229,10 12. A plan for continually improving environmental performance and provision for senior management review of the plan.

AB1-ASA1-AA1,229,14 (dr) "Outside environmental auditor" means an auditor who is functionally or administratively independent of the facility or activity being audited, but who may be employed by the entity that owns the facility being audited or that owns the unit that conducts the activity being audited.

AB1-ASA1-AA1,229,19 (e) "Participation contract" means a contract entered into by the department and a participant in tier II of the program, and that may, with the approval of the department, be signed by other interested parties, that specifies the participant's commitment to superior environmental performance and the incentives to be provided to the participant.

AB1-ASA1-AA1,229,20 (f) "Program" means the environmental results program under this section.

AB1-ASA1-AA1,229,25 (g) "Superior environmental performance" means environmental performance that results in measurable or discernible improvement in the quality of the air, water, land, or natural resources or in the protection of the environment beyond that which is achieved under environmental requirements and that may be achieved in ways that include all of the following:

AB1-ASA1-AA1,230,5 1. Limiting the discharges or emissions of pollutants from, or in some other way minimizing the negative effects on air, water, land, natural resources, or human health of, a facility that is owned or operated by an entity or an activity that is performed by the entity to an extent that is greater than is required by applicable environmental requirements.

AB1-ASA1-AA1,230,9 2. Minimizing the negative effects on air, water, land, natural resources, or human health of the raw materials used by an entity or the products or services produced or provided by the entity to an extent that is greater than is required by applicable environmental requirements.

AB1-ASA1-AA1,230,10 3. Voluntarily engaging in restoring or preserving natural resources.

AB1-ASA1-AA1,230,12 4. Helping other entities to comply with environmental requirements or to accomplish the results described in subd. 1. or 2.

AB1-ASA1-AA1,230,14 5. Organizing uncoordinated entities that produce environmental harm into a program that reduces that harm.

AB1-ASA1-AA1,230,16 6. Reducing waste or the use or production of hazardous substances in the design, production, delivery, use, or reuse of goods or services.

AB1-ASA1-AA1,230,17 7. Conserving energy or nonrenewable natural resources.

AB1-ASA1-AA1,230,19 8. Reducing the use of renewable natural resources through increased efficiency.

AB1-ASA1-AA1,230,21 9. Adopting methods that reduce the depletion of, or long-term damage to, renewable natural resources.

AB1-ASA1-AA1,230,22 (h) "Violation" means a violation of an environmental requirement.

AB1-ASA1-AA1,230,24 (1m) Administration of program. In administering the program, the department shall attempt to do all of the following:

AB1-ASA1-AA1,231,2 (a) Promote, reward, and sustain superior environmental performance by participants.

AB1-ASA1-AA1,231,5 (b) Promote environmental performance that voluntarily exceeds legal requirements related to health, safety, and the environment and results in continuous improvement in this state's environment, economy, and quality of life.

AB1-ASA1-AA1,231,7 (c) Provide clear incentives for participation that will result in real benefits to participants.

AB1-ASA1-AA1,231,11 (d) Promote attention to unregulated environmental problems and provide opportunities for conservation of resources and environmental restoration by entities that are subject to environmental requirements and entities that are not subject to environmental requirements.

AB1-ASA1-AA1,231,13 (e) Make the program compatible with federal programs that create incentives for achieving environmental performance that exceeds legal requirements.

AB1-ASA1-AA1,231,16 (f) Increase levels of trust, communication, and accountability among regulatory agencies, entities that are subject to environmental requirements, and the public.

AB1-ASA1-AA1,231,20 (g) Reduce the time and money spent by regulatory agencies and entities that are subject to environmental requirements on tasks that do not benefit the environment by focusing on more efficient performance of necessary tasks and eliminating unnecessary tasks.

AB1-ASA1-AA1,231,23 (h) Report environmental performance information and data concerning ambient environmental quality to the public in a manner that is accurate, timely, credible, relevant, and useable to interested persons.

AB1-ASA1-AA1,231,25 (i) Provide for the measurement of environmental performance in terms of accomplishing goals and require the reporting of the results.

AB1-ASA1-AA1,232,3 (j) Implement an evaluation system that provides flexibility and affords some protection for experimentation by participants that use innovative techniques to try to achieve superior environmental performance.

AB1-ASA1-AA1,232,4 (k) Remove disincentives to achieving superior environmental performance.