Amendment SSA1-SB40

SB40-SSA1, s. 3081pw Section 3081pw. 281.75 (7) (c) 6. of the statutes is amended to read:

SB40-SSA1,1349,18 281.75 (7) (c) 6. Relocating If the claim is based on a contaminated private water supply, the cost of relocating pipes, as necessary, to connect the replacement water supply to the buildings served by it.

SB40-SSA1, s. 3081px Section 3081px. 281.75 (7) (c) 7. of the statutes is amended to read:

SB40-SSA1,1349,23 281.75 (7) (c) 7. If the claim is based on a contaminated water supply that is eligible under sub. (11) (ae), the cost of properly abandoning any improperly abandoned private water supply located on the property owned or leased by the claimant.

SB40-SSA1, s. 3081py Section 3081py. 281.75 (8) (intro.) of the statutes is renumbered 281.75 (8) and amended to read:

SB40-SSA1,1350,3 281.75 (8) Copayment. The department shall require a payment by the claimant equal to the total of the following: copayment of $250 unless the claim is solely for well abandonment.

SB40-SSA1, s. 3081pz Section 3081pz. 281.75 (8) (a) and (b) of the statutes are repealed.

SB40-SSA1, s. 3081qb Section 3081qb. 281.75 (11) (a) 4. of the statutes is amended to read:

SB40-SSA1,1350,8 281.75 (11) (a) 4. One If the claim is based on a contaminated private water supply, one or more of the contaminants upon which the claim is based was introduced into the well through the plumbing connected to the well.

SB40-SSA1, s. 3081qc Section 3081qc. 281.75 (11) (a) 5. of the statutes is amended to read:

SB40-SSA1,1350,13 281.75 (11) (a) 5. One If the claim is based on a contaminated private water supply, one or more of the contaminants upon which the claim is based was introduced into the well intentionally by a claimant or a person who would be directly benefited by payment of the claim.

SB40-SSA1, s. 3081qd Section 3081qd. 281.75 (11) (a) 6. of the statutes is amended to read:

SB40-SSA1,1350,19 281.75 (11) (a) 6. All If the claim is based on a contaminated private water supply, all of the contaminants upon which the claim is based are naturally occurring substances and the concentration of the contaminants in water produced by the well does not significantly exceed the background concentration of the contaminants in groundwater at that location.

SB40-SSA1, s. 3081qe Section 3081qe. 281.75 (11) (a) 7. of the statutes is amended to read:

SB40-SSA1,1350,24 281.75 (11) (a) 7. Except as provided in sub. (14), an award has been made under this section within the previous 10 years for the parcel of land where the private water supply is located and the claim is based on a contaminated private water supply.

SB40-SSA1, s. 3081qf Section 3081qf. 281.75 (11) (a) 8. of the statutes is amended to read:

SB40-SSA1,1351,4 281.75 (11) (a) 8. A If the claim is based on a contaminated private water supply, the contaminated private water supply is a residential water supply, is contaminated by bacteria or nitrates or both, and is not contaminated by any other substance, except as provided in par. (ae).

SB40-SSA1, s. 3081qg Section 3081qg. 281.75 (11) (a) 9. of the statutes is amended to read:

SB40-SSA1,1351,8 281.75 (11) (a) 9. A If the claim is based on a contaminated private water supply, the contaminated private water supply is a livestock water supply, is contaminated by bacteria, and is not contaminated by any other substance.

SB40-SSA1, s. 3081qh Section 3081qh. 281.75 (11) (b) (title) of the statutes is amended to read:

SB40-SSA1,1351,10 281.75 (11) (b) (title) Limits on awards for contaminated wells; purposes.

SB40-SSA1, s. 3081qi Section 3081qi. 281.75 (11) (d) (title) of the statutes is amended to read:

SB40-SSA1,1351,12 281.75 (11) (d) (title) Limits on awards for contaminated wells; amount.

SB40-SSA1, s. 3081qj Section 3081qj. 281.75 (17) (a) of the statutes is amended to read:

SB40-SSA1,1351,18 281.75 (17) (a) A claim based on a contaminated private water supply may be submitted irrespective of the time when the contamination is or could have been discovered in the private water supply. A claim may be submitted for contamination which commenced before May 11, 1984, and continues at the time a claim is submitted under this section.

SB40-SSA1, s. 3082 Section 3082. 281.87 of the statutes is created to read:

SB40-SSA1,1351,24 281.87 Great Lakes contaminated sediment removal. The department may expend funds from the appropriation under s. 20.866 (2) (ti) to pay a portion of the costs of a project to remove contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior if federal funds are provided for the project under 33 USC 1268 (c) (12).

SB40-SSA1, s. 3082e Section 3082e. 285.14 (2) of the statutes is amended to read:

SB40-SSA1,1352,13 285.14 (2) Review by standing committees. At least 60 days before the department is required to submit a state implementation plan to the federal environmental protection agency, the department shall prepare, and provide to the standing committees of the legislature with jurisdiction over environmental matters, under s. 13.172 (3) a report that describes the proposed plan and contains all of the supporting documents that the department intends to submit with the plan. The department shall also submit to the revisor of statutes legislative reference bureau for publication in the administrative register a notice of availability of the report. If, within 30 days after the department provides the report, the chairperson of a standing committee to which the report was provided submits written comments on the report to the department, the secretary shall respond to the chairperson in writing within 15 days of receipt of the comments. This subsection does not apply to a modification to a state implementation plan relating to an individual source.

SB40-SSA1, s. 3082r Section 3082r. 285.23 (6) of the statutes is amended to read:

SB40-SSA1,1353,2 285.23 (6) Report to standing committees. Before the department issues documents under sub. (2) and at least 60 days before the governor is required to make a submission on a nonattainment designation under 42 USC 7407 (d) (1) (A), the department shall prepare, and provide to the standing committees of the legislature with jurisdiction over environmental matters under s. 13.172 (3), a report that contains a description of any area proposed to be identified as a nonattainment area and supporting documentation. The department shall also submit to the revisor of statutes legislative reference bureau for publication in the administrative register a notice of availability of the report. If, within 30 days after the department submits the report, the chairperson of a standing committee to which the report was provided submits written comments on the report to the department, the secretary shall respond to the chairperson in writing within 15 days of receipt of the comments.

SB40-SSA1, s. 3083 Section 3083. 285.30 (5) (a) of the statutes is amended to read:

SB40-SSA1,1353,4 285.30 (5) (a) A motor vehicle of a model year of 1967 1995 or earlier.

SB40-SSA1, s. 3084 Section 3084. 285.30 (5) (b) of the statutes is amended to read:

SB40-SSA1,1353,10 285.30 (5) (b) A motor vehicle with of a model year of 2006 or earlier that has a gross vehicle weight rating exceeding 10,000 8,500 pounds, as determined by the manufacturer of the vehicle, and a motor vehicle of a model year of 2007 or later that has a gross vehicle weight rating exceeding 14,000 pounds, as determined by the manufacturer of the vehicle.

SB40-SSA1, s. 3085 Section 3085. 285.30 (5) (d) of the statutes is amended to read:

SB40-SSA1,1353,13 285.30 (5) (d) A motor vehicle of a model year of 2006 or earlier that is powered by diesel fuel.

SB40-SSA1, s. 3086k Section 3086k. 287.26 of the statutes is amended to read:

SB40-SSA1,1353,22 287.26 Business waste reduction and recycling assistance. The department may contract with a nonprofit organization for services to assist businesses to reduce the amount of solid waste generated or to reuse or recycle solid waste. In any contract under this section, the department shall include goals and objectives, methods to measure progress toward the goals and objectives, and a schedule for reporting to the department on the use of funds and progress toward the goals and objectives. The department may not provide more than $250,000 annually under this section to any nonprofit organization.

SB40-SSA1, s. 3087 Section 3087. 289.43 (7) (e) 3. of the statutes is amended to read:

SB40-SSA1,1353,25 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the appropriations appropriation under s. 20.370 (2) (dg) and (9) (mj).

SB40-SSA1, s. 3088 Section 3088. 289.645 (3) of the statutes is amended to read:

SB40-SSA1,1354,3 289.645 (3) Amount of recycling fee. The fee imposed under this section is $3 $6 per ton for all solid waste other than high-volume industrial waste.

SB40-SSA1, s. 3089 Section 3089. 289.67 (1) (cp) of the statutes is amended to read:

SB40-SSA1,1354,10 289.67 (1) (cp) Amount of environmental repair fee. Notwithstanding par. (cm) and except as provided under par. (d), the environmental repair fee imposed under par. (a) is 30 50 cents per ton for solid or hazardous waste, other than high-volume industrial waste, disposed of on or after January 1, 1988, but before July 1, 1989, and 50 cents per ton disposed of on or after July 1, 1989 before July 1, 2007, and $1.60 per ton disposed of on or after July 1, 2007.

SB40-SSA1, s. 3090 Section 3090. 289.67 (1) (h) of the statutes is amended to read:

SB40-SSA1,1354,13 289.67 (1) (h) Use of environmental repair fee. The fees collected under par. (b) shall be credited to the environmental fund for environmental management.

SB40-SSA1, s. 3091 Section 3091. 291.15 (2) (d) of the statutes is amended to read:

SB40-SSA1,1355,13 291.15 (2) (d) Use of confidential records. Except as provided under par. (c) and this paragraph the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of this chapter. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency or its authorized representative records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency or its authorized representative to protect the confidentiality of the records or other information. The department or the department of justice shall provide to the department of workforce development children and families or a county child support agency under s. 59.53 (5) the name and address of an individual, the name and address of the individual's employer and financial information related to the individual that is contained in records or other information granted confidential status under this subsection if requested under s. 49.22 (2m) by the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB40-SSA1, s. 3092 Section 3092. 291.97 (3) of the statutes is created to read:

SB40-SSA1,1355,22 291.97 (3) Cost recovery. In addition to the penalties provided under subs. (1) and (2), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees and the costs of performing monitoring. 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. 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).

SB40-SSA1, s. 3093 Section 3093. 292.11 (7) (d) 1m. b. of the statutes is amended to read:

SB40-SSA1,1356,2 292.11 (7) (d) 1m. b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 560.60 (1v) 560.13 (1) (a).

SB40-SSA1, s. 3094 Section 3094. 292.255 of the statutes is amended to read:

SB40-SSA1,1356,8 292.255 Report on brownfield efforts. The department of natural resources, the department of administration, and the department of commerce shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 560.60 (1v) 560.13 (1) (a).

SB40-SSA1, s. 3095 Section 3095. 299.07 (1) (am) 1. of the statutes is amended to read:

SB40-SSA1,1356,16 299.07 (1) (am) 1. If an individual who applies for the issuance or renewal of a license, registration or certification specified in par. (a) does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of workforce development children and families.

SB40-SSA1, s. 3096 Section 3096. 299.07 (1) (b) 2. of the statutes is amended to read:

SB40-SSA1,1356,20 299.07 (1) (b) 2. If the department is required to obtain the information under s. 299.08 (1) (a), to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40-SSA1, s. 3097 Section 3097. 299.08 (1) (am) 1. of the statutes is amended to read:

SB40-SSA1,1357,3 299.08 (1) (am) 1. If an individual who applies for the issuance or renewal of a license, registration or certification specified in par. (a) does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of workforce development children and families.

SB40-SSA1, s. 3098 Section 3098. 299.08 (1) (b) 1. of the statutes is amended to read:

SB40-SSA1,1357,6 299.08 (1) (b) 1. To the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40-SSA1, s. 3099 Section 3099. 299.08 (2) of the statutes is amended to read:

SB40-SSA1,1357,17 299.08 (2) The department shall deny an application for the issuance or renewal of a license, registration or certification specified in sub. (1) (a), or shall suspend a license, registration or certification specified in sub. (1) (a) for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings, as required in a memorandum of understanding under s. 49.857.

SB40-SSA1, s. 3100g Section 3100g. 301.03 (6t) of the statutes is created to read:

SB40-SSA1,1357,23 301.03 (6t) On or before January 1 of each odd-numbered year, submit a report to the joint committee on finance and to the chief clerk of each house of the legislature on the use of overtime in the state correctional institutions, identifying the state correctional institution, the amount and costs of overtime at each correctional institution, and the reason for the overtime at each correctional institution.

SB40-SSA1, s. 3104 Section 3104. 301.12 (14) (b) of the statutes is amended to read:

SB40-SSA1,1358,9 301.12 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 938.183, 938.355, or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, residential care center for children and youth, or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of workforce development children and families under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

SB40-SSA1, s. 3105 Section 3105. 301.12 (14) (g) of the statutes is amended to read:

SB40-SSA1,1358,18 301.12 (14) (g) For purposes of determining child support under par. (b), the department shall promulgate rules related to the application of the standard established by the department of workforce development children and families under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 938.183, 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

SB40-SSA1, s. 3108 Section 3108. 301.25 of the statutes is amended to read:

SB40-SSA1,1359,2 301.25 Sewer system at Taycheedah Correctional Institution. The department, with the approval of the governor, may enter into an agreement containing terms, conditions and covenants approved by the building commission, to participate in the construction of a sanitary sewer system in the area adjacent to the Taycheedah Correctional Institution in the town of Taycheedah, Fond du Lac County; to connect the sewer system of the Taycheedah Correctional Institution thereto; to pay sewage disposal charges; and to grant easements or, subject to s. 16.848, convey land to meet construction requirements.

SB40-SSA1, s. 3109 Section 3109. 301.26 (3) (c) of the statutes is amended to read:

SB40-SSA1,1359,6 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd) and, (ko), and (r), the department shall allocate funds to each county for services under this section.

SB40-SSA1, s. 3110 Section 3110. 301.26 (3) (em) of the statutes is amended to read:

SB40-SSA1,1359,14 301.26 (3) (em) The department may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.410 (3) (cd), (ko), and (r) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county's base allocation.

SB40-SSA1, s. 3111 Section 3111. 301.26 (4) (a) of the statutes is amended to read:

SB40-SSA1,1360,2 301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd), (ko), and (r) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under s. 48.366, 938.183 or 938.34 or the department of health and family services for each person receiving services under s. 46.057 or 51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 or 938.183 after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation under s. 20.410 (3) (cd).

SB40-SSA1, s. 3112 Section 3112. 301.26 (4) (c) of the statutes is amended to read:

SB40-SSA1,1360,10 301.26 (4) (c) Notwithstanding pars. (a), (b), and (bm), the department of corrections shall pay, from the appropriation under s. 20.410 (3) (hm), (ho). or (hr), the costs of care, services, and supplies provided for each person receiving services under s. 46.057, 48.366, 51.35 (3), 938.183, or 938.34 who was under the guardianship of the department of health and family services children and families pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

SB40-SSA1, s. 3113 Section 3113. 301.26 (4) (d) 2. of the statutes is amended to read:

SB40-SSA1,1360,19 301.26 (4) (d) 2. Beginning on July 1, 2005 2007, and ending on June 30, 2006 2008, the per person daily cost assessment to counties shall be $203 $259 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $203 $259 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $234 $277 for care in a residential care center for children and youth, $157 $165 for care in a group home for children, $47 $67 for care in a foster home, $83 $132 for care in a treatment foster home, $81 $99 for departmental corrective sanctions services, and $32 $35 for departmental aftercare services.

SB40-SSA1, s. 3114 Section 3114. 301.26 (4) (d) 3. of the statutes is amended to read:

SB40-SSA1,1361,3 301.26 (4) (d) 3. Beginning on July 1, 2006 2008, and ending on June 30, 2007 2009, the per person daily cost assessment to counties shall be $209 $268 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $209 $268 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $244 $296 for care in a residential care center for children and youth, $163 $172 for care in a group home for children, $50 $74 for care in a foster home, $87 $145 for care in a treatment foster home, $82 $101 for departmental corrective sanctions services, and $33 $37 for departmental aftercare services.

SB40-SSA1, s. 3114m Section 3114m. 301.26 (5) of the statutes is created to read:

SB40-SSA1,1361,8 301.26 (5) Revenue sufficiency. (a) Before the close of each odd-numbered fiscal year, the department of corrections shall project the balance that will remain in the appropriation account under s. 20.410 (3) (hm) on June 30 of that fiscal year and provide that information to the department of administration.

SB40-SSA1,1361,20 (b) 1. If the department of corrections projects under par. (a) that there will be a deficit in the appropriation account under s. 20.410 (3) (hm) on June 30 of an odd-numbered year, the department of administration shall include the amount of that projected deficit in the cost basis used to calculate the per person daily cost assessments under sub. (4) (d) 2. and 3. for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), for the next fiscal biennium by adding 50 percent of that projected deficit to the cost basis used to determine the per person daily cost assessment under sub. (4) (d) 2. for care in a Type 1 juvenile correctional facility for the first year of the next fiscal biennium and by adding 50 percent of that projected deficit to the cost basis used to determine the per person daily cost assessment under sub. (4) (d) 3. for care in a Type 1 juvenile correctional facility for the 2nd year of the next fiscal biennium.

SB40-SSA1,1361,24 2. The secretary of administration shall use to recoup the projected deficit specified in subd. 1. all moneys generated by the increases in the per person daily cost assessments specified in subd. 1. that result from adding that projected deficit to the cost basis specified in subd. 1.