Amendment ASA1-AB75

AB75-ASA1, s. 2635 Section 2635. 285.69 (1g) of the statutes is repealed.

AB75-ASA1, s. 2636 Section 2636. 285.69 (2) (title) of the statutes is amended to read:

AB75-ASA1,1393,14 285.69 (2) (title) Fees for persons required to have federal operation permits.

AB75-ASA1, s. 2637 Section 2637. 285.69 (2) (a) (intro.) of the statutes is amended to read:

AB75-ASA1,1393,19 285.69 (2) (a) (intro.) The department shall promulgate rules for the payment and collection of fees by the owner or operator of a stationary source for which an operation permit is required under the federal clean air act. The rules shall provide all of the following:

AB75-ASA1, s. 2638 Section 2638. 285.69 (2) (c) (intro.) of the statutes is amended to read:

AB75-ASA1,1393,24 285.69 (2) (c) (intro.) The fees collected under pars. (a) and (e) from the owner or operator of a stationary source for which an operation permit is required under the federal clean air act shall be credited to the appropriations under s. 20.370 (2) (bg), (3) (bg), (8) (mg) and (9) (mh) for the following:

AB75-ASA1, s. 2639 Section 2639. 285.69 (2) (f) of the statutes is repealed.

AB75-ASA1, s. 2640 Section 2640. 285.69 (2) (g) of the statutes is repealed.

AB75-ASA1, s. 2641 Section 2641. 285.69 (2) (h) of the statutes is repealed.

AB75-ASA1, s. 2642 Section 2642. 285.69 (2) (i) of the statutes is renumbered 285.69 (2m) (b), and 285.69 (2m) (b) (intro.), as renumbered, is amended to read:

AB75-ASA1,1394,10 285.69 (2m) (b) (intro.) The fees collected under this subsection from the owner or operator of a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act and under sub. (1g) shall be credited to the appropriation account under s. 20.370 (2) (bh) for the following purposes as they relate to stationary sources for which an operation permit is required under s. 285.60 but not under the federal clean air act:

AB75-ASA1, s. 2643 Section 2643. 285.69 (2m) of the statutes is created to read:

AB75-ASA1,1394,15 285.69 (2m) Fees for state permit sources. (a) The owner or operator of a stationary source for which an operation permit is required under s. 285.60 but not under the federal clean air act shall pay to the department a fee of $300 per year, except as provided in par. (b).

AB75-ASA1,1394,21 (b) An owner or operator to whom the department has issued an operation permit for one or more points of emission from an existing source in order to limit the source's potential to emit so that the existing source is not a major source shall pay to the department a fee of $4,100 per year if the operation permit includes federally enforceable conditions that allow the amount of emissions to be at least 80 percent of the amount that results in a stationary source being classified as a major source.

AB75-ASA1, s. 2644 Section 2644. 285.69 (3) (a) of the statutes is amended to read:

AB75-ASA1,1395,10 285.69 (3) (a) The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection for an inspection plus the fee under sub. (1) (c) may not exceed $400 $700 if the combined square and linear footage of friable asbestos-containing material involved in the project is less than 5,000. The fees under this subsection for an inspection plus the fee under sub. (1) (c) may not exceed $750 $1,325 if the combined square and linear footage of friable asbestos-containing material involved in the project is 5,000 or more. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and renovation projects regulated by the department and for inspecting property proposed to be used for a community fire safety training project.

AB75-ASA1, s. 2645 Section 2645. 285.69 (3) (b) of the statutes is renumbered 285.69 (3) (b) (intro.) and amended to read:

AB75-ASA1,1395,14 285.69 (3) (b) (intro.) In addition to the fees under par. (a), the department may charge the costs all of the following:

AB75-ASA1,1395,16 1. The costs it incurs for laboratory testing for a nonresidential asbestos demolition and renovation project.

AB75-ASA1, s. 2646 Section 2646. 285.69 (3) (b) 2. of the statutes is created to read:

AB75-ASA1,1395,20 285.69 (3) (b) 2. A fee in the amount of $100 for the department to inspect property proposed to be used for a community fire safety training project for which the department requires inspection.

AB75-ASA1, s. 2647 Section 2647. 285.69 (3) (b) 3. of the statutes is created to read:

AB75-ASA1,1395,24 285.69 (3) (b) 3. A fee in the amount of $100 for the department to review a revised notice of an asbestos renovation or demolition activity, submitted by a person required by the department to provide such notice.

AB75-ASA1, s. 2648 Section 2648. 285.69 (3) (b) 4. of the statutes is created to read:

AB75-ASA1,1396,4 285.69 (3) (b) 4. An amount equal to the inspection fee under par. (a) to inspect property for a project for which a notice of an asbestos renovation or demolition activity was not provided, as required by the department, before the project was initiated.

AB75-ASA1, s. 2648g Section 2648g. 285.76 (2) (a) of the statutes is amended to read:

AB75-ASA1,1396,12 285.76 (2) (a) Publish a class 1 notice, under ch. 985, of the proposed redesignation and request for consultation with the state in a newspaper of general circulation in the area that would be affected by the redesignation, as determined using standards established by the federal environmental protection agency, and in the official state newspaper publish the notice on the department's Web site for a reasonable period of time, and provide a written statement concerning the proposed redesignation to those newspapers.

AB75-ASA1, s. 2655g Section 2655g. 289.25 (3) of the statutes is amended to read:

AB75-ASA1,1397,4 289.25 (3) Notification on feasibility report and preliminary environmental impact statement decisions. Immediately after the department issues a preliminary determination that an environmental impact statement is not required or, if it is required, immediately after the department issues the environmental impact statement, the department shall publish a class 1 notice under ch. 985 in the official newspaper designated under s. 985.04 or 985.05 on the department's Web site for a reasonable period of time, which includes the date on which the notice is first published or, if none exists, in a newspaper likely to give notice in the area of the proposed facility. The notice shall include a statement that the feasibility report and the environmental impact statement process are complete. The notice shall invite the submission of written comments by any person within 30 days after the date that the notice for a solid waste disposal facility is first published or within 45 days after the date that the notice for a hazardous waste facility is first published. The notice shall describe the methods by which a hearing may be requested under ss. 289.26 (1) and 289.27 (1). The department shall distribute copies of the notice to the persons specified under s. 289.32.

AB75-ASA1, s. 2656 Section 2656. 289.33 (3) (d) of the statutes is amended to read:

AB75-ASA1,1397,23 289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (6), (7), (8), (10) and (11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30, 91.73, 196.58, 200.11 (8), 236.45, 281.43 or 349.16 or, subch. VIII of ch. 60, or subch III of ch. 91.

AB75-ASA1, s. 2656g Section 2656g. 289.41 (1m) (g) 1. of the statutes is amended to read:

AB75-ASA1,1398,25 289.41 (1m) (g) 1. The owner of an approved mining facility may apply, at any time at least 40 years after the closing of the facility, to the department for termination of the owner's obligation to maintain proof of financial responsibility for long-term care of the facility. Upon receipt of an application under this subdivision, the department shall publish a class 1 notice under ch. 985 in the official newspaper designated under s. 985.04 or 985.05 on the department's Web site for a reasonable period of time, which includes the date on which the notice is first published or, if none exists, in a newspaper likely to give notice in the area of the facility. The notice shall include a statement that the owner has applied to terminate the owner's obligation to maintain proof of financial responsibility for the long-term care of the facility. The notice shall invite the submission of written comments by any person within 30 days after the notice is first published. The notice shall describe the methods by which a hearing may be requested under subds. 2. and 3. The department shall distribute a copy of the notice to the owner of the facility. In any hearing on the matter, the burden is on the owner to prove by a preponderance of the evidence that continuation of the requirement to provide proof of financial responsibility for long-term care is not necessary for adequate protection of human health or the environment. Within 120 days after the publication of the notice or within 60 days after any hearing is adjourned, whichever is later, the department shall determine whether proof of financial responsibility for long-term care of the facility continues to be required. A determination that proof of financial responsibility for long-term care is no longer required terminates the owner's obligation to maintain proof of financial responsibility for long-term care. The owner may not submit another application under this subdivision until at least 5 years after the previous application has been rejected by the department.

AB75-ASA1, s. 2657 Section 2657. 289.645 (3) of the statutes is amended to read:

AB75-ASA1,1399,3 289.645 (3) Amount of recycling fee. The fee imposed under this section is $4 $7 per ton for all solid waste other than high-volume industrial waste.

AB75-ASA1, s. 2658 Section 2658. 289.67 (1) (cp) of the statutes is amended to read:

AB75-ASA1,1399,9 289.67 (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 50 cents $1.60 per ton for solid or hazardous waste, other than high-volume industrial waste, disposed of before November 1, 2007 July 1, 2009, and $1.60 $5.70 per ton disposed of on or after November 1, 2007 July 1, 2009.

AB75-ASA1, s. 2659 Section 2659. 289.67 (2) (b) 1. of the statutes is amended to read:

AB75-ASA1,1399,15 289.67 (2) (b) 1. A generator of hazardous waste shall pay a base fee of $210 $470, if the generator is a large quantity generator, or $350, if the generator is a small quantity generator if the generator has generated more than zero pounds in that particular year, plus $20 per ton of hazardous waste generated during the reporting year.

AB75-ASA1, s. 2660 Section 2660. 289.67 (2) (b) 2. of the statutes is amended to read:

AB75-ASA1,1399,18 289.67 (2) (b) 2. No generator may is required to pay a fee that is greater than $17,000 $17,500.

AB75-ASA1, s. 2661 Section 2661. 289.67 (2) (c) (intro.) of the statutes is amended to read:

AB75-ASA1,1399,21 289.67 (2) (c) (intro.) No tonnage fees may be assessed under par. (a) for the following hazardous wastes:

AB75-ASA1, s. 2662 Section 2662. 289.67 (2) (de) of the statutes is created to read:

AB75-ASA1,1399,25 289.67 (2) (de) The department shall promulgate a rule that defines "large quantity generator" and "small quantity generator" for the purposes of this subsection.

AB75-ASA1, s. 2663 Section 2663. 292.11 (7) (b) of the statutes is renumbered 292.11 (7) (b) 1.

AB75-ASA1, s. 2664 Section 2664. 292.11 (7) (b) 2. of the statutes is created to read:

AB75-ASA1,1400,5 292.11 (7) (b) 2. If the department authorizes reimbursement under subd. 1. to be paid over time, it shall require monthly payments of interest, at a rate determined by the department, on the unpaid balance of the reimbursement.

AB75-ASA1, s. 2665 Section 2665. 292.31 (8) (e) of the statutes is created to read:

AB75-ASA1,1400,10 292.31 (8) (e) Interest payment. If the department authorizes an amount that the state is entitled to recover under this subsection to be paid over time, it shall require monthly payments of interest, at a rate determined by the department, on the unpaid balance of that amount.

AB75-ASA1, s. 2665e Section 2665e. 292.68 (7) (b) of the statutes is amended to read:

AB75-ASA1,1400,16 292.68 (7) (b) The department may only approve reimbursement for costs incurred on or after the first day of the 24th month before the month in which the application is submitted, except that the department may approve reimbursement for costs incurred between May 1, 2007, and June 30, 2009, if the application is submitted before July 1, 2011.

AB75-ASA1, s. 2665m Section 2665m. 299.15 (3) (am) 3. of the statutes is amended to read:

AB75-ASA1,1400,25 299.15 (3) (am) 3. After June 30, 1992, the fee under this paragraph shall be paid by each person required to obtain a permit under s. 283.31, other than a person who owns or operates a concentrated animal feeding operation. After June 30, 1992, the fee to be paid by a person under this paragraph shall be an amount determined under a rule promulgated by the department and shall be based on those pollutants included in the permit under s. 283.31 that are specified by the department by rule, the environmental harm caused by the pollutants discharged, the quantity of the pollutants discharged and the quality of the water receiving the discharge.

AB75-ASA1, s. 2665r Section 2665r. 299.93 (1) of the statutes is renumbered 299.93 (1) (intro.) and amended to read:

AB75-ASA1,1401,6 299.93 (1) (intro.) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or chs. 280 to 285 or 289 to 295 or a rule or order issued under this chapter or chs. 280 to 285 or 289 to 295, the court shall impose an environmental surcharge under ch. 814 equal to 10% the following:

AB75-ASA1,1401,8 (a) If the violation was committed before the effective date of this paragraph .... [LRB inserts date], 10 percent of the amount of the fine or forfeiture.

AB75-ASA1, s. 2665s Section 2665s. 299.93 (1) (b) of the statutes is created to read:

AB75-ASA1,1401,11 299.93 (1) (b) If the violation was committed on or after the effective date of this paragraph .... [LRB inserts date], 20 percent of the amount of the fine or forfeiture.

AB75-ASA1, s. 2666 Section 2666. 301.03 (3) of the statutes is amended to read:

AB75-ASA1,1402,2 301.03 (3) Administer parole, extended supervision , and probation matters, except that the decision to grant or deny parole or to grant extended supervision under s. 304.06 (1) to inmates shall be made by the parole earned release review commission and the decision to revoke probation, extended supervision or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department may discharge inmates from extended supervision under s. 973.01 (4m) and may modify a bifurcated sentence under s. 302.113 (9h), and the earned release review commission may modify a sentence under s. 302.1135. The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and persons placed on extended supervision to partially offset the costs of the program.

AB75-ASA1, s. 2666m Section 2666m. 301.03 (6t) of the statutes is amended to read:

AB75-ASA1,1402,9 301.03 (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, and, for each correctional institution, the amount and costs of overtime at each correctional institution, and the reason for the overtime at each that correctional institution.

AB75-ASA1, s. 2667 Section 2667. 301.046 (4) (a) 1. of the statutes is amended to read:

AB75-ASA1,1402,12 301.046 (4) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75-ASA1, s. 2668 Section 2668. 301.048 (2) (am) 3. of the statutes is amended to read:

AB75-ASA1,1402,16 301.048 (2) (am) 3. The parole earned release review commission grants him or her parole under s. 304.06 and requires his or her participation in the program as a condition of parole under s. 304.06 (1x).

AB75-ASA1, s. 2669 Section 2669. 301.048 (4m) (a) 1. of the statutes is amended to read:

AB75-ASA1,1402,19 301.048 (4m) (a) 1. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75-ASA1, s. 2669h Section 2669h. 301.068 of the statutes is created to read:

AB75-ASA1,1403,3 301.068 Community services to reduce recidivism. (1) The department shall establish community services that have the goals of increasing public safety, reducing the risk that offenders on community supervision will reoffend, and reducing by 25 percent between the fiscal years 2007-08 and 2010-11 the recidivism rate of persons who are on probation, parole, or extended supervision following a felony conviction. In establishing community services under this section, the department shall consider the capacity of existing services and any needs that are not met by existing services.

AB75-ASA1,1403,5 (2) The community services to reduce recidivism under sub. (1) shall include all of the following:

AB75-ASA1,1403,7 (a) Alcohol and other drug treatment, including residential treatment, outpatient treatment, and aftercare.

AB75-ASA1,1403,8 (b) Cognitive group intervention.

AB75-ASA1,1403,9 (c) Day reporting centers.

AB75-ASA1,1403,11 (d) Treatment and services that evidence has shown to be successful and to reduce recidivism.

AB75-ASA1,1403,13 (3) The department shall ensure that community services established under sub. (1) meet all of the following conditions:

AB75-ASA1,1403,16 (a) The community services target offenders at a medium or high risk for revocation or recidivism as determined by valid, reliable, and objective risk assessment instruments that the department has approved.

AB75-ASA1,1403,22 (b) The community services provide offenders with necessary supervision and services that improve their opportunity to complete their terms of probation, parole, or extended supervision. The community services may include employment training and placement, educational assistance, transportation, and housing. The community services shall focus on mitigating offender attributes and factors that are likely to lead to criminal behavior.

AB75-ASA1,1403,24 (c) The community services use a system of intermediate sanctions on offenders for violations.

AB75-ASA1,1404,2 (d) The community services are based upon assessments of offenders using valid, reliable, and objective instruments that the department has approved.

AB75-ASA1,1404,6 (4) The department shall develop a system for monitoring offenders receiving community services under this section that evaluates how effective the services are in decreasing the rates of arrest, conviction, and imprisonment of the offenders receiving the services.

AB75-ASA1,1404,14 (5) The department shall provide to probation, extended supervision, and parole agents training and skill development in reducing offenders' risk of reoffending and intervention techniques and shall by rule set forth requirements for the training and skill development. The department shall develop policies to guide probation, extended supervision, and parole agents in the supervision and revocation of offenders on probation, extended supervision, and parole and develop practices regarding alternatives to revocation of probation, extended supervision, or parole.

AB75-ASA1,1404,22 (6) The department shall annually submit a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), and the director of state courts. The report shall set forth the scope of the community services established under sub. (1); the number of arrests of, convictions of, and prison sentences imposed on offenders receiving the community services under this section; and the progress toward the 25 percent recidivism reduction goal under sub. (1) and any adjustment that will be made to reach that goal.

AB75-ASA1, s. 2669k Section 2669k. 301.095 of the statutes is created to read:

AB75-ASA1,1404,25 301.095 Council on offender reentry. The council on offender reentry shall do all of the following:

AB75-ASA1,1405,3 (1) Inform the public as to the time and place of council meetings and, for at least one meeting per year, encourage public participation and receive public input in a means determined by the chairperson.

AB75-ASA1,1405,6 (2) Coordinate reentry initiatives across the state and research federal grant opportunities to ensure initiatives comply with eligibility requirements for federal grants.