Amendment ASA1-SB55

SB55-ASA1,1062,13 292.65 (4) (b) Report. An owner or operator shall report a dry cleaning solvent product discharge to the department in a timely manner, as provided in s. 292.11.

SB55-ASA1, s. 1652 Section 1652. 292.65 (4) (e) of the statutes is amended to read:

SB55-ASA1,1062,18 292.65 (4) (e) Investigation. After notifying the department under par. (c) 1., if applicable, and before conducting remedial action activities, an owner or operator shall complete an investigation to determine the extent of environmental impact of the dry cleaning solvent product discharge, except as provided in pars. (g) and (h).

SB55-ASA1, s. 1653 Section 1653. 292.65 (4) (h) of the statutes is repealed and recreated to read:

SB55-ASA1,1062,22 292.65 (4) (h) Interim action. An owner or operator is not required to complete an investigation or prepare a remedial action plan before conducting an interim action activity if the department determines that an interim action is necessary.

SB55-ASA1, s. 1654 Section 1654. 292.65 (4) (i) of the statutes is amended to read:

SB55-ASA1,1063,6 292.65 (4) (i) Review of site investigation and remedial action plan. The department shall, at the request of an owner or operator, review the site investigation results and the remedial action plan and advise the owner or operator on the adequacy of the proposed remedial action activities in meeting the requirements of this section. The department shall complete the review of the site investigation and remedial action plan within 45 days. The department shall also provide an estimate of when funding will be available to pay an award for remedial action conducted in response to the dry cleaning solvent product discharge.

SB55-ASA1, s. 1655 Section 1655. 292.65 (4) (j) (intro.) and 1. of the statutes are amended to read:

SB55-ASA1,1063,10 292.65 (4) (j) Remedial action. (intro.) The owner or operator shall conduct all remedial action activities that are required under this section in response to the dry cleaning solvent product discharge, including all of the following:

SB55-ASA1,1063,12 1. Recovering any recoverable dry cleaning solvent product from the environment.

SB55-ASA1, s. 1656 Section 1656. 292.65 (5) (b) (intro.) of the statutes is amended to read:

SB55-ASA1,1063,16 292.65 (5) (b) (intro.) An owner or operator who is required to implement enhanced pollution prevention measures under par. (a) shall demonstrate all of the following:

SB55-ASA1, s. 1657 Section 1657. 292.65 (5) (b) 1. of the statutes is amended to read:

SB55-ASA1,1063,20 292.65 (5) (b) 1. That the owner or operator manages all wastes that are generated at the dry cleaning facility and that contain dry cleaning solvent product as hazardous wastes in compliance with ch. 291 and 42 USC 6901 to 6991i.

SB55-ASA1, s. 1658 Section 1658. 292.65 (5) (b) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 292.65 (5) (c) 1.

SB55-ASA1, s. 1659 Section 1659. 292.65 (5) (b) 2. of the statutes is amended to read:

SB55-ASA1,1064,3 292.65 (5) (b) 2. That the dry cleaning facility does not discharge dry cleaning solvent product or wastewater from dry cleaning machines into any sanitary sewer or septic tank or into the waters of this state.

SB55-ASA1, s. 1660 Section 1660. 292.65 (5) (b) 2. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 292.65 (5) (c) 2.

SB55-ASA1, s. 1661 Section 1661. 292.65 (5) (b) 3. of the statutes is amended to read:

SB55-ASA1,1064,11 292.65 (5) (b) 3. That each machine or other piece of equipment in which dry cleaning solvent product is used, or the entire area in which those machines or pieces of equipment are located, is surrounded by a containment dike or other containment structure that is able to contain any leak, spill, or other release of dry cleaning solvent product from the machines or other pieces of equipment.

SB55-ASA1, s. 1662 Section 1662. 292.65 (5) (b) 4. of the statutes is amended to read:

SB55-ASA1,1064,15 292.65 (5) (b) 4. That the floor within any area surrounded by a dike or other containment structure under subd. 3. is sealed or is otherwise impervious to dry cleaning solvent product.

SB55-ASA1, s. 1663 Section 1663. 292.65 (5) (b) 5. of the statutes is amended to read:

SB55-ASA1,1064,19 292.65 (5) (b) 5. That all dry cleaning solvent is any perchloroethylene delivered to the dry cleaning facility is delivered by means of a closed, direct-coupled delivery system.

SB55-ASA1, s. 1664 Section 1664. 292.65 (5) (b) 5. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 292.65 (5) (c) 3.

SB55-ASA1, s. 1665 Section 1665. 292.65 (5) (c) (intro.) of the statutes is created to read:

SB55-ASA1,1064,25 292.65 (5) (c) The owner or operator of a dry cleaning facility is not eligible for an award under this section unless the owner or operator has implemented the following enhanced pollution prevention measures:

SB55-ASA1, s. 1666 Section 1666. 292.65 (7) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,1065,5 292.65 (7) (a) General. (intro.) Subject to pars. (c), (ce), (cm), and (d), eligible costs for an award under this section include reasonable and necessary costs paid incurred by the owner or operator of a dry cleaning facility because of a discharge of dry cleaning product at the dry cleaning facility for the following items only:

SB55-ASA1, s. 1667 Section 1667. 292.65 (7) (a) 2. of the statutes is amended to read:

SB55-ASA1,1065,8 292.65 (7) (a) 2. Investigation and assessment of contamination caused by a dry cleaning solvent product discharge from a dry cleaning facility.

SB55-ASA1, s. 1668 Section 1668. 292.65 (7) (a) 8. of the statutes is amended to read:

SB55-ASA1,1065,11 292.65 (7) (a) 8. Maintenance of equipment for dry cleaning solvent product recovery performed as part of remedial action activities.

SB55-ASA1, s. 1669 Section 1669. 292.65 (7) (a) 13. of the statutes is repealed.

SB55-ASA1, s. 1670 Section 1670. 292.65 (7) (c) 3. of the statutes is amended to read:

SB55-ASA1,1065,16 292.65 (7) (c) 3. Other costs that the department determines to be associated with, but not integral to, the investigation and remediation of a dry cleaning solvent product discharge from a dry cleaning facility.

SB55-ASA1, s. 1671 Section 1671. 292.65 (7) (d) of the statutes is amended to read:

SB55-ASA1,1065,21 292.65 (7) (d) Discharges from multiple activities. If hazardous substances are discharged at a dry cleaning facility as a result of dry cleaning operations and as a result of other activities, eligible costs under this section are limited to activities necessitated by the discharge of dry cleaning solvent product.

SB55-ASA1, s. 1672 Section 1672. 292.65 (8) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,1066,9 292.65 (8) (a) Application. (intro.) An owner or operator shall submit an application on a form provided by the department. An owner or operator may not submit an application before September 1, 1998. An owner or operator may not submit an application after August 30, 2003 2005, if the application relates to a dry cleaning facility that ceased to operate before September 1, 1998. An owner or operator may not submit an application after August 20, 2008, if the application relates to any other dry cleaning facility. The department shall authorize owners and operators to apply for awards at stages in the process under sub. (4) that the department specifies by rule. An application shall include all of the following documentation of activities, plans, and expenditures associated with the eligible costs incurred because of a dry cleaning solvent product discharge from a dry cleaning facility:

SB55-ASA1, s. 1673 Section 1673. 292.65 (8) (d) 7. of the statutes is amended to read:

SB55-ASA1,1066,12 292.65 (8) (d) 7. The applicant has not paid all of the fees under ss. 77.9961, and 77.9962 and 77.9963.

SB55-ASA1, s. 1674 Section 1674. 292.65 (8) (d) 8. of the statutes is amended to read:

SB55-ASA1,1066,19 292.65 (8) (d) 8. The dry cleaning solvent product discharge was caused on or after October 14, 1997, by a person who provided services or products to the owner or operator or to a prior owner or operator of the dry cleaning facility, including a person who provided perchloroethylene to the owner or operator or prior owner or operator of a dry cleaning facility using a system other than a closed, direct-coupled delivery system.

SB55-ASA1, s. 1675 Section 1675. 292.65 (8) (e) 1. of the statutes is renumbered 292.65 (8) (e), and 292.65 (8) (e) (intro.), as renumbered, is amended to read:

SB55-ASA1,1066,25 292.65 (8) (e) Deductible. (intro.) The department may reimburse the owner or operator of a dry cleaning facility that is operating at the time that the owner or operator applies under par. (a) only for eligible costs incurred at each dry cleaning facility that exceed the following deductible:

SB55-ASA1, s. 1676 Section 1676. 292.65 (8) (e) 3. of the statutes is repealed.

SB55-ASA1, s. 1677 Section 1677. 292.65 (11) of the statutes is amended to read:

SB55-ASA1,1067,10 292.65 (11) Environmental fund reimbursement. If the department expends funds from the environmental fund under s. 292.11 (7) (a) or 292.31 (3) (b) because of a discharge of dry cleaning solvent product at a dry cleaning facility, the department shall transfer from the appropriation account under s. 20.370 (6) (eq) to the environmental fund an amount equal to the amount expended under s. 292.11 (7) (a) or 292.31 (3) (b). The department shall make transfers under this subsection when the department determines that sufficient funds are available in the appropriation account under s. 20.370 (6) (eq).

SB55-ASA1, s. 1678 Section 1678. 292.65 (13) of the statutes is amended to read:

SB55-ASA1,1067,15 292.65 (13) Council. The dry cleaner environmental response council shall advise the department concerning the programs program under this section and s. 292.66. The dry cleaner environmental response council shall evaluate the program under this section at least every 5 years, using criteria developed by the council.

SB55-ASA1, s. 1679 Section 1679. 292.66 of the statutes is repealed.

SB55-ASA1, s. 3323b Section 3323b. 292.75 (1) (a) of the statutes is amended to read:

SB55-ASA1,1067,22 292.75 (1) (a) "Eligible site or facility" means an abandoned, idle or underused one or more contiguous industrial or commercial facility or site facilities or sites with common or multiple ownership that are abandoned, idle, or underused, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

SB55-ASA1, s. 3323e Section 3323e. 292.75 (3) (d) of the statutes is amended to read:

SB55-ASA1,1067,25 292.75 (3) (d) Asbestos abatement activities, as defined in s. 254.11 (2), conducted as part of activities described in par. (b) on an eligible site or facility.

SB55-ASA1, s. 3324b Section 3324b. 292.77 (2) of the statutes is amended to read:

SB55-ASA1,1068,9 292.77 (2) The department shall develop and, beginning no later than January 1, 2001, administer a pilot program in the city of Beloit, the city of Green Bay, the city of La Crosse, the city of Milwaukee and the city of Oshkosh that promotes the use of financial incentives to clean up and redevelop brownfields. Funds provided under the program may be used to investigate environmental contamination and to conduct cleanups of brownfields in those cities municipalities selected by the department from those municipalities that apply for funding under this section.

SB55-ASA1, s. 3324c Section 3324c. 292.77 (3) of the statutes is amended to read:

SB55-ASA1,1068,13 292.77 (3) In developing and administering the pilot program under sub. (2), the department shall consult and coordinate with the department of administration, and the department of commerce and the cities specified in sub. (2).

SB55-ASA1, s. 3324d Section 3324d. 292.77 (4) of the statutes is repealed.

SB55-ASA1, s. 3324h Section 3324h. 292.79 of the statutes is created to read:

SB55-ASA1,1068,16 292.79 Brownfields green space grants. (1) In this section:

SB55-ASA1,1068,17 (a) "Brownfields" has the meaning given in s. 560.13 (1) (a).

SB55-ASA1,1068,18 (b) "Local governmental units" has the meaning given in s. 292.75 (1) (b).

SB55-ASA1,1068,23 (2) The department shall administer a program under which the department awards grants to local governmental units for projects to remedy environmental contamination of brownfields. A project is eligible for a grant under this section if it has a long-term public benefit, including the preservation of green space, the development of recreational areas, or the use of a property by the local government.

SB55-ASA1, s. 1680 Section 1680. 292.99 (1m) of the statutes is amended to read:

SB55-ASA1,1069,2 292.99 (1m) Any person who violates s. 292.65 (12m) or 292.66 (5) shall forfeit not less than $10 nor more than $10,000.

SB55-ASA1, s. 1681 Section 1681. 301.03 (10) (d) of the statutes is amended to read:

SB55-ASA1,1069,9 301.03 (10) (d) Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning, and the release of juvenile offenders from secured correctional facilities or secured child caring institutions to aftercare placements and the transfer of juveniles to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d).

SB55-ASA1, s. 3329f Section 3329f. 301.03 (16) of the statutes is created to read:

SB55-ASA1,1069,12 301.03 (16) (a) In this subsection, "Intranet site" means an Internet site that is only accessible to officials and employees of the department.

SB55-ASA1,1069,16 (b) Create and maintain an Intranet site that includes the medical histories of all inmates who are sentenced to the Wisconsin state prisons. The site shall be created no later than June 30, 2003, and shall include the prescriptions, laboratory reports, and X-rays ordered for each inmate.

SB55-ASA1, s. 3329m Section 3329m. 301.03 (19) of the statutes is created to read:

SB55-ASA1,1069,21 301.03 (19) Work with the parole commission to minimize, to the greatest extent possible, the residential population density of sex offenders, as defined in s. 302.116 (1) (b), who are on probation, parole, or extended supervision or placed on supervised release under s. 980.06 (2) (c), 1997 stats., or 980.08 (5).

SB55-ASA1, s. 3329p Section 3329p. 301.03 (19m) of the statutes is created to read:

SB55-ASA1,1070,2 301.03 (19m) Examine the allocation of mental health services within the department to ensure that, within available resources, the mental health needs of inmates are met in an equitable and efficient manner and evaluate the effectiveness of providing for those needs in an equitable and efficient manner.

SB55-ASA1, s. 3329q Section 3329q. 301.03 (20) of the statutes is created to read:

SB55-ASA1,1070,7 301.03 (20) Require a physician to randomly review on a regular basis the medical charts of inmates to ensure that proper medical procedures are followed in the provision of medical care to those inmates and evaluate the outcome and findings of those medical chart reviews.

SB55-ASA1, s. 3329r Section 3329r. 301.03 (21) of the statutes is created to read:

SB55-ASA1,1070,10 301.03 (21) Prepare written contracts for all health care providers that deliver basic health care services at correctional facilities.

SB55-ASA1, s. 3329s Section 3329s. 301.03 (22) of the statutes is created to read:

SB55-ASA1,1070,15 301.03 (22) Submit all contracts, agreements, or extensions of contracts or agreements for the delivery of health care services at correctional facilities that exceed $500,000 to the joint committee on finance for that committee's review and approval.

SB55-ASA1, s. 3329t Section 3329t. 301.03 (23) of the statutes is created to read:

SB55-ASA1,1070,21 301.03 (23) Negotiate in all contracts entered into on or after the effective date of this subsection .... [revisor inserts date], with hospitals that provide inmate care a provision that the hospital will accept the medical assistance reimbursement rate under s. 49.45 for all inmates eligible for that program and evaluate the outcome of those negotiation efforts.

SB55-ASA1, s. 3329u Section 3329u. 301.03 (24) of the statutes is created to read:

SB55-ASA1,1070,25 301.03 (24) In cooperation with the department of health and family services, explore options for determining the medical assistance eligibility of inmates and evaluate the progress of the efforts made to determine that eligibility.

SB55-ASA1, s. 1682 Section 1682. 301.035 (2) of the statutes is amended to read:

SB55-ASA1,1071,4 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10 and 975.10 (2) and ch. 304.