SB55-SSA1, s. 3303
4Section
3303. 292.65 (5) (b) 2. of the statutes, as affected by 2001 Wisconsin
5Act .... (this act), is renumbered 292.65 (5) (c) 2.
SB55-SSA1,1064,117
292.65
(5) (b) 3. That each machine or other piece of equipment in which dry
8cleaning
solvent product is used, or the entire area in which those machines or pieces
9of equipment are located, is surrounded by a containment dike or other containment
10structure that is able to contain any leak, spill
, or other release of dry cleaning
11solvent product from the machines or other pieces of equipment.
SB55-SSA1,1064,1513
292.65
(5) (b) 4. That the floor within any area surrounded by a dike or other
14containment structure under subd. 3. is sealed or is otherwise impervious to dry
15cleaning
solvent product.
SB55-SSA1,1064,1917
292.65
(5) (b) 5. That
all dry cleaning solvent is any perchloroethylene 18delivered to the dry cleaning facility
is delivered by means of a closed, direct-coupled
19delivery system.
SB55-SSA1, s. 3307
20Section
3307. 292.65 (5) (b) 5. of the statutes, as affected by 2001 Wisconsin
21Act .... (this act), is renumbered 292.65 (5) (c) 3.
SB55-SSA1, s. 3308
22Section
3308. 292.65 (5) (c) (intro.) of the statutes is created to read:
SB55-SSA1,1064,2523
292.65
(5) (c) The owner or operator of a dry cleaning facility is not eligible for
24an award under this section unless the owner or operator has implemented the
25following enhanced pollution prevention measures:
SB55-SSA1, s. 3309
1Section
3309. 292.65 (7) (a) (intro.) of the statutes is amended to read:
SB55-SSA1,1065,52
292.65
(7) (a)
General. (intro.) Subject to pars. (c), (ce), (cm)
, and (d), eligible
3costs for an award under this section include reasonable and necessary costs
paid
4incurred by the owner or operator of a dry cleaning facility because of a discharge of
5dry cleaning product at the dry cleaning facility for the following items only:
SB55-SSA1,1065,87
292.65
(7) (a) 2. Investigation and assessment of contamination caused by a dry
8cleaning
solvent product discharge from a dry cleaning facility.
SB55-SSA1,1065,1110
292.65
(7) (a) 8. Maintenance of equipment for dry cleaning
solvent product 11recovery performed as part of remedial action activities.
SB55-SSA1,1065,1614
292.65
(7) (c) 3. Other costs that the department determines to be associated
15with, but not integral to, the investigation and remediation of a dry cleaning
solvent 16product discharge from a dry cleaning facility.
SB55-SSA1,1065,2118
292.65
(7) (d)
Discharges from multiple activities. If hazardous substances are
19discharged at a dry cleaning facility as a result of dry cleaning operations and as a
20result of other activities, eligible costs under this section are limited to activities
21necessitated by the discharge of dry cleaning
solvent
product.
SB55-SSA1, s. 3315
22Section
3315. 292.65 (8) (a) (intro.) of the statutes is amended to read:
SB55-SSA1,1066,923
292.65
(8) (a)
Application. (intro.) An owner or operator shall submit an
24application on a form provided by the department. An owner or operator may not
25submit an application before September 1, 1998. An owner or operator may not
1submit an application after August 30,
2003
2005, if the application relates to a dry
2cleaning facility that ceased to operate before September 1, 1998. An owner or
3operator may not submit an application after August 20, 2008, if the application
4relates to any other dry cleaning facility. The department shall authorize owners and
5operators to apply for awards at stages in the process under sub. (4) that the
6department specifies by rule. An application shall include all of the following
7documentation of activities, plans
, and expenditures associated with the eligible
8costs incurred because of a dry cleaning
solvent
product discharge from a dry
9cleaning facility:
SB55-SSA1,1066,1211
292.65
(8) (d) 7. The applicant has not paid all of the fees under ss. 77.9961
, 12and 77.9962
and 77.9963.
SB55-SSA1,1066,1914
292.65
(8) (d) 8. The dry cleaning
solvent product discharge was caused
on or
15after October 14, 1997, by a person who provided services or products to the owner
16or operator or to a prior owner or operator of the dry cleaning facility, including a
17person who provided perchloroethylene to the owner or operator or prior owner or
18operator of a dry cleaning facility using a system other than a closed, direct-coupled
19delivery system.
SB55-SSA1, s. 3318
20Section
3318. 292.65 (8) (e) 1. of the statutes is renumbered 292.65 (8) (e), and
21292.65 (8) (e) (intro.), as renumbered, is amended to read:
SB55-SSA1,1066,2522
292.65
(8) (e)
Deductible. (intro.) The department may reimburse the owner
23or operator of a dry cleaning facility
that is operating at the time that the owner or
24operator applies under par. (a) only for eligible costs incurred at each dry cleaning
25facility that exceed the following deductible:
SB55-SSA1,1067,103
292.65
(11) Environmental fund reimbursement. If the department expends
4funds from the environmental fund under s. 292.11 (7) (a) or 292.31 (3) (b) because
5of a discharge of dry cleaning
solvent product at a dry cleaning facility, the
6department shall transfer from the appropriation account under s. 20.370 (6) (eq) to
7the environmental fund an amount equal to the amount expended under s. 292.11
8(7) (a) or 292.31 (3) (b). The department shall make transfers under this subsection
9when the department determines that sufficient funds are available in the
10appropriation account under s. 20.370 (6) (eq).
SB55-SSA1,1067,1512
292.65
(13) Council. The dry cleaner environmental response council shall
13advise the department concerning the
programs program under this section
and s.
14292.66. The dry cleaner environmental response council shall evaluate the program
15under this section at least every 5 years, using criteria developed by the council.
SB55-SSA1,1067,2218
292.75
(1) (a) "Eligible site or facility" means
an abandoned, idle or underused 19one or more contiguous industrial or commercial
facility or site facilities or sites with
20common or multiple ownership that are abandoned, idle, or underused, the
21expansion or redevelopment of which is adversely affected by actual or perceived
22environmental contamination.
SB55-SSA1,1067,2524
292.75
(3) (d) Asbestos abatement activities, as defined in s. 254.11 (2),
25conducted
as part of activities described in par. (b) on an eligible site or facility.
SB55-SSA1,1068,92
292.77
(2) The department shall develop and, beginning no later than
3January 1, 2001, administer a
pilot program
in the city of Beloit, the city of Green
4Bay, the city of La Crosse, the city of Milwaukee and the city of Oshkosh that
5promotes the use of financial incentives to clean up and redevelop brownfields.
6Funds provided under the program may be used to investigate environmental
7contamination and to conduct cleanups of brownfields in
those cities municipalities
8selected by the department from those municipalities that apply for funding under
9this section.
SB55-SSA1,1068,1311
292.77
(3) In developing and administering the
pilot program under sub. (2),
12the department shall consult and coordinate with the department of administration
, 13and the department of commerce
and the cities specified in sub. (2).
SB55-SSA1,1068,16
16292.79 Brownfields green space grants.
(1) In this section:
SB55-SSA1,1068,1717
(a) "Brownfields" has the meaning given in s. 560.13 (1) (a).
SB55-SSA1,1068,1818
(b) "Local governmental units" has the meaning given in s. 292.75 (1) (b).
SB55-SSA1,1068,23
19(2) The department shall administer a program under which the department
20awards grants to local governmental units for projects to remedy environmental
21contamination of brownfields. A project is eligible for a grant under this section if
22it has a long-term public benefit, including the preservation of green space, the
23development of recreational areas, or the use of a property by the local government.
SB55-SSA1,1069,2
1292.99
(1m) Any person who violates s. 292.65 (12m)
or 292.66 (5) shall forfeit
2not less than $10 nor more than $10,000.
SB55-SSA1,1069,94
301.03
(10) (d) Administer the office of juvenile offender review in the division
5of juvenile corrections in the department. The office shall be responsible for decisions
6regarding case planning
, and the release of juvenile offenders from secured
7correctional facilities or secured child caring institutions to aftercare placements
8and the transfer of juveniles to the Racine youthful offender correctional facility
9named in s. 302.01 as provided in s. 938.357 (4) (d).
SB55-SSA1,1069,1211
301.03
(16) (a) In this subsection, "Intranet site" means an Internet site that
12is only accessible to officials and employees of the department.
SB55-SSA1,1069,1613
(b) Create and maintain an Intranet site that includes the medical histories of
14all inmates who are sentenced to the Wisconsin state prisons. The site shall be
15created no later than June 30, 2003, and shall include the prescriptions, laboratory
16reports, and X-rays ordered for each inmate.
SB55-SSA1,1069,2118
301.03
(19) Work with the parole commission to minimize, to the greatest
19extent possible, the residential population density of sex offenders, as defined in s.
20302.116 (1) (b), who are on probation, parole, or extended supervision or placed on
21supervised release under s. 980.06 (2) (c), 1997 stats., or 980.08 (5).
SB55-SSA1,1070,223
301.03
(19m) Examine the allocation of mental health services within the
24department to ensure that, within available resources, the mental health needs of
1inmates are met in an equitable and efficient manner and evaluate the effectiveness
2of providing for those needs in an equitable and efficient manner.
SB55-SSA1,1070,74
301.03
(20) Require a physician to randomly review on a regular basis the
5medical charts of inmates to ensure that proper medical procedures are followed in
6the provision of medical care to those inmates and evaluate the outcome and findings
7of those medical chart reviews.
SB55-SSA1,1070,109
301.03
(21) Prepare written contracts for all health care providers that deliver
10basic health care services at correctional facilities.
SB55-SSA1,1070,1512
301.03
(22) Submit all contracts, agreements, or extensions of contracts or
13agreements for the delivery of health care services at correctional facilities that
14exceed $500,000 to the joint committee on finance for that committee's review and
15approval.
SB55-SSA1,1070,2117
301.03
(23) Negotiate in all contracts entered into on or after the effective date
18of this subsection .... [revisor inserts date], with hospitals that provide inmate care
19a provision that the hospital will accept the medical assistance reimbursement rate
20under s. 49.45 for all inmates eligible for that program and evaluate the outcome of
21those negotiation efforts.
SB55-SSA1,1070,2523
301.03
(24) In cooperation with the department of health and family services,
24explore options for determining the medical assistance eligibility of inmates and
25evaluate the progress of the efforts made to determine that eligibility.
SB55-SSA1,1071,42
301.035
(2) Assign hearing examiners from the division to preside over
3hearings under ss. 302.11 (7),
302.113 (9), 302.114 (9), 938.357 (5), 973.10 and 975.10
4(2) and ch. 304.
SB55-SSA1,1071,96
301.035
(4) Supervise employes in the conduct of the activities of the division
7and be the administrative reviewing authority for decisions of the division under ss.
8302.11 (7),
302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and
9ch. 304.
SB55-SSA1,1071,1411
301.16
(1s) In addition to the institutions under sub. (1), the department shall
12establish a medium security correctional institution that is a part of the correctional
13facilities enumerated in
1997 Wisconsin Act 27, section
9107 (1) (b), and that is
14located in Redgranite.
SB55-SSA1,1071,1916
301.16
(1t) In addition to the institutions under sub. (1), the department shall
17establish a medium security correctional institution that is a part of the correctional
18facilities enumerated in
1997 Wisconsin Act 27, section
9107 (1) (b), and that is
19located in New Lisbon.
SB55-SSA1,1071,22
21301.19 Restriction on construction of correctional facilities. (1) In this
22section:
SB55-SSA1,1071,2523
(a) "Authorized jurisdiction" means a county, 2 counties acting jointly under s.
24302.44, the United States, or a federally recognized American Indian tribe or band
25in this state.
SB55-SSA1,1072,4
1(b) "Correctional facility" means a building, structure, or facility or a portion
2of a building, structure, or facility that is used to confine persons serving a sentence
3of imprisonment to the Wisconsin state prisons or to confine juveniles alleged or
4found to be delinquent.
SB55-SSA1,1072,8
5(2) No person may commence construction of a correctional facility or
6commence conversion of an existing building, structure, or facility into a correctional
7facility unless the building, structure, or facility is enumerated in the authorized
8state building program.
SB55-SSA1,1072,9
9(3) Subsection (2) does not apply to any of the following:
SB55-SSA1,1072,1110
(a) A building, structure, or facility that is constructed or converted under a
11contract with and for use by an authorized jurisdiction.
SB55-SSA1,1072,1412
(b) A building, structure, or facility the construction of which was completed
13before January 1, 2001, if the building, structure, or facility was designed to confine
14persons convicted of a criminal offense.
SB55-SSA1,1073,516
301.26
(4) (b) Assessment of costs under par. (a) shall be made periodically on
17the basis of the per person per day cost estimate specified in par. (d) 2.
to 4. and 3. 18Except as provided in pars. (bm), (c)
, and (cm), liability shall apply to county
19departments under s. 46.21, 46.22
, or 46.23 in the county of the court exercising
20jurisdiction under chs. 48 and 938 for each person receiving services from the
21department of corrections under s. 48.366, 938.183
, or 938.34 or the department of
22health and family services under s. 46.057 or 51.35 (3). Except as provided in pars.
23(bm), (c)
, and (cm), in multicounty court jurisdictions, the county of residency within
24the jurisdiction shall be liable for costs under this subsection. Assessment of costs
25under par. (a) shall also be made according to the general placement type or level of
1care provided, as defined by the department, and prorated according to the ratio of
2the amount designated under sub. (3) (c) to the total applicable estimated costs of
3care, services
, and supplies provided by the department of corrections under ss.
448.366, 938.183
, and 938.34 and the department of health and family services under
5s. 46.057 or 51.35 (3).
