Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1198,22 292.41 (6) (a) The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dv) and (my) in taking action under sub. (4). The department shall utilize these moneys to provide for the procurement, maintenance, and storage of necessary equipment and supplies, personnel training, and expenses incurred in locating, identifying, removing, and disposing of abandoned containers.

SB55-ASA1-AA1, s. 3287h Section 3287h. 292.41 (6) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1199,3 292.41 (6) (b) No more than 25% of the total of all moneys available under the appropriation under s. 20.370 20.375 (2) (dv) and (my) may be used annually for the procurement and maintenance of necessary equipment during that fiscal year.

SB55-ASA1-AA1, s. 3287p Section 3287p. 292.55 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1199,9 292.55 (2) The department may assess and collect fees from a person to offset the costs of providing assistance under sub. (1). The department shall promulgate rules for the assessment and collection of fees under this subsection. Fees collected under this subsection shall be credited to the appropriation account under s. 20.370 20.375 (2) (dh).

SB55-ASA1-AA1, s. 3287t Section 3287t. 292.57 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1199,12 292.57 (2) (b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 20.375 (2) (mi).".

SB55-ASA1-AA1,1199,13 1620. Page 1060, line 6: after that line insert:

SB55-ASA1-AA1,1199,14 " Section 3260b. 292.35 (1) (am) of the statutes is created to read:

SB55-ASA1-AA1,1199,17 292.35 (1) (am) "Financial assistance" means money, other than a loan, provided by a governmental unit that is not a responsible party to pay a portion of the cost of investigation and remedial action for a site or facility.

SB55-ASA1-AA1, s. 3262b Section 3262b. 292.35 (2) of the statutes is renumbered 292.35 (2) (intro.) and amended to read:

SB55-ASA1-AA1,1199,21 292.35 (2) Applicability. (intro.) This section only applies to a site or facility if the one of the following criteria is satisfied:

SB55-ASA1-AA1,1199,23 (a) The site or facility is owned by a local governmental unit. This section does not apply to a landfill until January 1, 1996.

SB55-ASA1-AA1, s. 3263b Section 3263b. 292.35 (2) (b) of the statutes is created to read:

SB55-ASA1-AA1,1200,5 292.35 (2) (b) A local governmental unit that owns a portion of the site or facility commits itself, by resolution of its governing body, to paying more than 50% of the amount equal to the difference between the cost of investigation and remedial action for the site or facility and any financial assistance received for the site or facility.".

SB55-ASA1-AA1,1200,6 1621. Page 1061, line 10: after that line insert:

SB55-ASA1-AA1,1200,7 " Section 3293p. 292.65 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1200,10 292.65 (3) (c) The department shall allocate 9.7% of the funds appropriated under s. 20.370 20.375 (6) (eq) in each fiscal year for awards for immediate action activities and applications that exceed the amount anticipated.".

SB55-ASA1-AA1,1200,11 1622. Page 1066, line 10: after that line insert:

SB55-ASA1-AA1,1200,13 " Section 3320b. 292.65 (11) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,1200,21 292.65 (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 product at a dry cleaning facility, the department shall transfer from the appropriation account under s. 20.370 20.375 (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 20.375 (6) (eq).".

SB55-ASA1-AA1,1200,22 1623. Page 1066, line 16: after that line insert:

SB55-ASA1-AA1,1200,23 " Section 3322k. 292.70 (7) of the statutes is amended to read:

SB55-ASA1-AA1,1201,3 292.70 (7) Review and payment. If a claim is filed under an agreement under sub. (2) or (3), the department shall review the claim to determine whether it is valid. A valid claim shall be paid from the appropriation under s. 20.370 20.375 (2) (fq).".

SB55-ASA1-AA1,1201,4 1624. Page 1066, line 22: after that line insert:

SB55-ASA1-AA1,1201,5 " Section 3323d. 292.75 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1201,9 292.75 (2) (a) The department shall administer a program to award brownfield site assessment grants from the appropriation under s. 20.370 20.375 (6) (et) to local governmental units for the purposes of conducting any of the eligible activities under sub. (3).".

SB55-ASA1-AA1,1201,10 1625. Page 1066, line 25: after that line insert:

SB55-ASA1-AA1,1201,11 " Section 3323g. 292.75 (6) of the statutes is amended to read:

SB55-ASA1-AA1,1201,15 292.75 (6) Limitation of grant. The total amount of all grants awarded to a local governmental unit in a fiscal year under this section shall be limited to an amount equal to 15% of the available funds appropriated under s. 20.370 20.375 (6) (et) for the fiscal year.".

SB55-ASA1-AA1,1201,17 1626. Page 1067, line 7: delete "municipalities" and substitute "the city of Platteville, the city of Fond du Lac and other municipalities that are".

SB55-ASA1-AA1,1201,18 1627. Page 1067, line 14: delete that line and substitute:

SB55-ASA1-AA1,1201,19 " Section 3324db. 292.77 (4) of the statutes is repealed and recreated to read:

SB55-ASA1-AA1,1201,22 292.77 (4) During the 2001-03 fiscal biennium, the department shall make $150,000 available to the City of Platteville and $250,000 available to the City of Fond du Lac under sub. (2).".

SB55-ASA1-AA1,1201,23 1628. Page 1068, line 2: after that line insert:

SB55-ASA1-AA1,1201,24 " Section 3327j. 301.03 (2t) of the statutes is created to read:

SB55-ASA1-AA1,1202,2 301.03 (2t) Promote efficient use of resources for alcohol and other drug abuse intervention and treatment services by doing all of the following:

SB55-ASA1-AA1,1202,5 (a) Developing one or more methods to evaluate the effectiveness of, and developing performance standards for, alcohol and other drug abuse intervention and treatment services that are administered by the department.

SB55-ASA1-AA1,1202,10 (b) Adopting policies to ensure that, to the extent possible under state and federal law, funding for alcohol and other drug abuse intervention and treatment services that are administered by the department is distributed giving primary consideration to the effectiveness of the services in meeting department performance standards for alcohol and other drug abuse services.

SB55-ASA1-AA1,1202,14 (c) Requiring every application for funding from the department for alcohol and other drug abuse intervention or treatment services to include a plan for the evaluation of the effectiveness of the services in reducing alcohol and other drug abuse by recipients of the services.

SB55-ASA1-AA1,1202,17 (d) Requiring every person receiving funding from the department for alcohol and other drug abuse intervention or treatment services to provide the department the results of the evaluation conducted under par. (c).".

SB55-ASA1-AA1,1202,18 1629. Page 1068, line 2: after that line insert:

SB55-ASA1-AA1,1202,19 " Section 3325c. 293.01 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1202,21 293.01 (3) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3325d Section 3325d. 293.01 (28) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1203,2 293.01 (28) (a) Habitat required for survival of species of vegetation or wildlife designated as endangered through prior inclusion in rules adopted by the department of fish, wildlife, parks, and forestry, if such endangered species cannot be firmly reestablished elsewhere.

SB55-ASA1-AA1, s. 3325e Section 3325e. 293.01 (28) (b) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1203,7 293.01 (28) (b) (intro.) Unique features of the land, as determined by state or federal designation and incorporated in rules adopted by the department or the department of fish, wildlife, parks, and forestry, as any of the following, which cannot have their unique characteristic preserved by relocation or replacement elsewhere:

SB55-ASA1-AA1, s. 3325j Section 3325j. 293.25 (6) of the statutes is amended to read:

SB55-ASA1-AA1,1203,15 293.25 (6) Environmental impact. Radioactive waste site exploration may constitute a major action significantly affecting the quality of the human environment. No person may engage in radioactive waste site exploration unless the person complies with the requirements under s. 1.11. Notwithstanding s. 23.40 278.40, the state may charge actual and reasonable costs associated with field investigation, verification, monitoring, preapplication services and preparation of an environmental impact statement.

SB55-ASA1-AA1, s. 3325n Section 3325n. 295.11 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1203,18 295.11 (1) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3325p Section 3325p. 295.31 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1203,21 295.31 (1) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3325s Section 3325s. 299.01 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1203,24 299.01 (3) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 3325t Section 3325t. 299.23 of the statutes is amended to read:

SB55-ASA1-AA1,1204,5 299.23 Financial interest prohibited. The secretary of natural resources environmental management and any other person in a position of administrative responsibility in the department may not have a financial interest in any enterprise which that might profit by weak or preferential administration or enforcement of the powers and duties of the department.

SB55-ASA1-AA1, s. 3325u Section 3325u. 299.64 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1204,9 299.64 (3) Citations. The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture for a violation of sub. (2).

SB55-ASA1-AA1, s. 3325v Section 3325v. 299.80 (16) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1204,15 299.80 (16) (a) Beginning not later than November 1, 1998, the secretary of natural resources environmental management shall submit an annual progress report on the program under this section to the governor and, under s. 13.172 (3), the standing committees of the legislature with jurisdiction over environmental matters.

SB55-ASA1-AA1, s. 3325w Section 3325w. 299.80 (16) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1204,21 299.80 (16) (b) Not later than October 1, 2001, the secretary of natural resources environmental management shall submit a report to the governor and, under s. 13.172 (2), the legislature on the success of the program under this section. The report shall include recommendations concerning the continuation of the program under this section and any changes that should be made to the program.

SB55-ASA1-AA1, s. 3326g Section 3326g. 299.95 of the statutes, as affected by 2001 Wisconsin Act 6, is amended to read:

SB55-ASA1-AA1,1205,15 299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss. 281.48, 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals, permits, and water quality certifications of the department, except those promulgated or issued under ss. 281.48, 285.57, 285.59, and 299.64 and except as provided in s. 285.86. The circuit court for Dane county County or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit, or certification by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval, permit or certification prohibits in whole or in part any pollution, a violation is considered a public nuisance. The department of natural resources environmental management may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).".

SB55-ASA1-AA1,1205,16 1630. Page 1068, line 2: after that line insert:

SB55-ASA1-AA1,1205,17 " Section 3325ne. 295.11 (11) of the statutes is created to read:

SB55-ASA1-AA1,1205,21 295.11 (11) "Topsoil" means the surface layer of soil that is generally more fertile than the underlying soil layers, that is the natural medium for plant growth, and that can provide the plant growth, soil stability, and other attributes necessary to meet the standards specified in an approved reclamation plan.

SB55-ASA1-AA1, s. 3325nj Section 3325nj. 295.16 (4) (k) of the statutes is created to read:

SB55-ASA1-AA1,1206,3 295.16 (4) (k) Removal of topsoil, other than soil taken from the bed of a navigable water, from an area the size of which does not exceed the size determined by dividing the total acreage of the contiguous land under common ownership on which the area is located by 40 and multiplying the result by 3, if no other material is removed from the area.

SB55-ASA1-AA1, s. 3325nL Section 3325nL. 295.18 (4) of the statutes is renumbered 295.18 (4) (a) and amended to read:

SB55-ASA1-AA1,1206,19 295.18 (4) (a) If the department issues a written decision under sub. (2) that a county is not in compliance with this subchapter and rules promulgated under this subchapter, the department shall administer the nonmetallic mining reclamation program in that county, including the collection of fees, review and approval of plans, inspection of nonmetallic mining sites and enforcement, except that the department may not administer the nonmetallic mining reclamation program in a city, village or town that enacted an ordinance that complies with s. 295.14 before the department made its determination under sub. (2) and is administering that ordinance. For annual fees due on or before December 31, 2003, if the department administers the nonmetallic program in a county, the department may not charge an annual fee of more than $100 for a nonmetallic mining site with one to 5 acres that have not been reclaimed, if the nonmetallic mining site is approved for a wildlife enhancement project, or an annual fee of more $300 for any other nonmetallic mining site with one to 5 acres that have not been reclaimed.

SB55-ASA1-AA1,1207,3 (b) The county may apply to the department at any time to resume administration of the nonmetallic mining reclamation program. The department, after a hearing, may approve the county request to administer the nonmetallic mining reclamation program if the county demonstrates the capacity to comply with this subchapter and rules promulgated under this subchapter. No city, village or town may enact an ordinance for and begin to implement a nonmetallic mining reclamation program during the time that the department administers the nonmetallic mining reclamation program in the county in which the city, village or town is located.".

SB55-ASA1-AA1,1207,4 1631. Page 1068, line 2: after that line insert:

SB55-ASA1-AA1,1207,5 " Section 3326. 299.85 of the statutes is created to read:

SB55-ASA1-AA1,1207,7 299.85 Environmental improvement program. (1) Definitions. In this section:

SB55-ASA1-AA1,1207,12 (a) "Environmental management system" means an organized set of procedures implemented by the owner or operator of a facility to evaluate the environmental performance of the facility and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in the facility's operations.

SB55-ASA1-AA1,1207,14 (am) "Environmental performance" means the effects of a facility on air, water, land, natural resources, and human health.

SB55-ASA1-AA1,1207,18 (b) "Environmental performance evaluation" means a systematic, documented, and objective review, conducted by or on behalf of the owner or operator of a facility, of the environmental performance of the facility, including an evaluation of compliance with one or more environmental requirements.

SB55-ASA1-AA1,1207,19 (c) "Environmental requirement" means a requirement in any of the following:

SB55-ASA1-AA1,1207,22 1. Chapters 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.

SB55-ASA1-AA1,1208,3 2. An ordinance or other legally binding requirement of a local governmental unit enacted under authority granted by a state law relating to environmental protection.

SB55-ASA1-AA1,1208,5 (d) "Facility" means all buildings, equipment, and structures located on a single parcel or on adjacent parcels that are owned or operated by the same person.

SB55-ASA1-AA1,1208,7 (e) "Local governmental unit" means a city, village, town, county, town sanitary district, or metropolitan sewerage district.

SB55-ASA1-AA1,1208,9 (f) "Regulated entity" means a public or private entity that is subject to environmental requirements.

SB55-ASA1-AA1,1208,12 (2) Requirements for participation. A regulated entity qualifies for participation in the environmental improvement program with respect to a facility owned or operated by the regulated entity if all of the following apply:

SB55-ASA1-AA1,1208,15 (a) The regulated entity conducts an environmental performance evaluation of the facility or submits findings from the facility's environmental management system.

SB55-ASA1-AA1,1208,21 (b) If the regulated entity conducts an environmental performance evaluation, the regulated entity notified the department in writing, no fewer than 30 days before beginning an environmental performance evaluation, of the date on which the environmental performance evaluation would begin, the site or facility or the operations or practices at a site or facility to be reviewed, and the general scope of the environmental performance evaluation.