AB40-ASA1,1202,85 287.07 (7) (f) The prohibitions in subs. (2) and (3) to (4) do not apply to the
6beneficial reuse of a material within a solid waste disposal facility if the beneficial
7reuse of the material is approved in the solid waste disposal facility's plan of
8operation under s. 289.30.
AB40-ASA1, s. 2972 9Section 2972. 287.07 (7) (h) 1. (intro.) of the statutes is amended to read:
AB40-ASA1,1202,1310 287.07 (7) (h) 1. (intro.) The department may grant a waiver or conditional
11waiver to a restriction under sub. (3) (c) or (h) or (4) (c) or (i) for plastics other than
12polyethylene terephthalate or high-density polyethylene if the department
13determines all of the following:
AB40-ASA1, s. 2977b 14Section 2977b. 287.11 (1) of the statutes is amended to read:
AB40-ASA1,1202,2015 287.11 (1) Department review. Upon request of a responsible unit or an
16out-of-state unit
, the department shall review documentation of the responsible
17unit's solid waste management program created under s. 287.09 (2) (a) or the
18out-of-state unit's solid waste management program
and determine whether the
19program is an effective recycling program. The department shall complete its review
20and make a determination within 90 days after receiving the documentation.
AB40-ASA1, s. 2977d 21Section 2977d. 287.11 (2e) of the statutes is repealed.
AB40-ASA1, s. 2977f 22Section 2977f. 287.11 (2m) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,1203,323 287.11 (2m) (b) (intro.) The department shall, at the request of a responsible
24unit or out-of-state unit that has been determined to have an effective recycling
25program under this section, grant a variance to the applicable requirements in sub.

1(2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4) that
2is generated in the responsible unit's or out-of-state unit's region if the department
3determines that the cost of selling processed material exceeds any of the following:
AB40-ASA1, s. 2977h 4Section 2977h. 287.11 (2m) (c) of the statutes is amended to read:
AB40-ASA1,1203,115 287.11 (2m) (c) The department may on its own initiative grant, to one or more
6responsible units or out-of-state units that have been determined to have effective
7recycling programs under this section, a variance to the applicable requirements in
8sub. (2) (b) and (er) for up to one year for a material identified in s. 287.07 (3) or (4)
9that is generated in the responsible units' or out-of-state units' regions if the
10department determines that the cost of selling processed material exceeds the
11amount under par. (b) 1. or 2.
AB40-ASA1, s. 2977j 12Section 2977j. 287.11 (2p) (c) of the statutes is amended to read:
AB40-ASA1,1203,1513 287.11 (2p) (c) The department may grant a responsible unit or an out-of-state
14unit
an exception to an applicable requirement in sub. (2) (b) or (er) for up to one year
15for a material that is subject to an exception under s. 287.07 (7) (d).
AB40-ASA1, s. 2977L 16Section 2977L. 287.11 (3) of the statutes is amended to read:
AB40-ASA1,1203,1817 287.11 (3) List. The department shall prepare and periodically update a list
18of responsible units and out-of-state units that have an effective recycling program.
AB40-ASA1, s. 2977n 19Section 2977n. 287.11 (4) of the statutes is repealed.
AB40-ASA1, s. 2977p 20Section 2977p. 287.17 (1) (np) of the statutes is amended to read:
AB40-ASA1,1203,2421 287.17 (1) (np) "School" means a public school, as defined in s. 115.01 (1), a
22private school participating in the program under s. 118.60, a private school
23participating in the program under s. 118.62,
or a private school participating in the
24program under s. 119.23.
AB40-ASA1, s. 2980b 25Section 2980b. 287.23 (1) (c) of the statutes is repealed.
AB40-ASA1, s. 2980c
1Section 2980c. 287.23 (1m) of the statutes is repealed.
AB40-ASA1, s. 2980d 2Section 2980d. 287.23 (3) (a) of the statutes is repealed.
AB40-ASA1, s. 2980f 3Section 2980f. 287.23 (3) (ac) of the statutes is repealed.
AB40-ASA1, s. 2980h 4Section 2980h. 287.23 (5) of the statutes is repealed.
AB40-ASA1, s. 2980j 5Section 2980j. 287.23 (5e) of the statutes is repealed.
AB40-ASA1, s. 2980L 6Section 2980L. 287.23 (5m) of the statutes is repealed.
AB40-ASA1, s. 2980n 7Section 2980n. 287.23 (5p) (a) to (c) of the statutes are amended to read:
AB40-ASA1,1204,108 287.23 (5p) (a) If a responsible unit submits its application under sub. (4) after
9October 1 but no later than October 10, the amount of the responsible unit's grant
10is 95% of the amount determined under sub. (5) or (5m) (5b).
AB40-ASA1,1204,1311 (b) If a responsible unit submits its application under sub. (4) after October 10
12but no later than October 20, the amount of the responsible unit's grant is 90% of the
13amount determined under sub. (5) or (5m) (5b).
AB40-ASA1,1204,1614 (c) If a responsible unit submits its application under sub. (4) after October 20
15but no later than October 30, the amount of the responsible unit's grant is 75% of the
16amount determined under sub. (5) or (5m) (5b).
AB40-ASA1, s. 2980p 17Section 2980p. 287.23 (6) (a) of the statutes is renumbered 287.23 (6) and
18amended to read:
AB40-ASA1,1204,2119 287.23 (6) Disbursement. Except as provided in par. (b), the The department
20shall disburse a grant to the applicant after approval, but no later than June 1 of the
21year for which the grant is made.
AB40-ASA1, s. 2980r 22Section 2980r. 287.23 (6) (b) of the statutes is repealed.
AB40-ASA1, s. 2981 23Section 2981. 287.235 of the statutes is repealed.
AB40-ASA1, s. 2981g 24Section 2981g. 287.24 of the statutes is created to read:
AB40-ASA1,1205,4
1287.24 Recycling consolidation grants. (1) In this section, "population"
2means the number of persons residing in a region, as determined by the department
3based upon the most recent decennial or special census or the most recent,
4subsequent population estimate under s. 16.96.
AB40-ASA1,1205,7 5(2) The department shall make a grant from the appropriation account under
6s. 20.370 (6) (bw) for a year to a responsible unit that has been determined under s.
7287.11 to have an effective recycling program if any of the following applies:
AB40-ASA1,1205,88 (a) The responsible unit is a county.
AB40-ASA1,1205,99 (b) The responsible unit is a federally recognized Indian tribe or band.
AB40-ASA1,1205,1110 (c) The responsible unit has a population of 25,000 or more and consists of one
11or more municipalities.
AB40-ASA1,1205,1312 (d) The responsible unit is not eligible under par. (a), (b), or (c) but one of the
13following applies:
AB40-ASA1,1205,1514 1. By October 1 in the year preceding the year for which the grant is made, the
15responsible unit consists of what had been at least 2 responsible units.
AB40-ASA1,1205,1916 2. By October 1 in the year preceding the year for which the grant is made, the
17responsible unit enters into a cooperative agreement with another responsible unit
18for the joint provision of at least one of the following elements of an effective recycling
19program:
AB40-ASA1,1205,2020 a. Performing comprehensive program planning.
AB40-ASA1,1205,2121 b. Collecting and transporting recyclable materials.
AB40-ASA1,1205,2222 c. Sorting recyclable materials at a materials recovery facility.
AB40-ASA1,1205,2423 d. Developing and distributing educational materials relating to waste
24reduction, reuse, and recycling.
AB40-ASA1,1206,3
1e. Carrying out a program of technical assistance to businesses and owners and
2occupants of multifamily dwellings to increase the availability and convenience of
3recycling.
AB40-ASA1,1206,44 f. Any other program element approved by the department.
AB40-ASA1,1206,6 5(3) Subject to sub. (4), the department shall determine the amount of a grant
6to a responsible unit under this section as follows:
AB40-ASA1,1206,87 (a) Divide the amount available under s. 20.370 (6) (bw) for the year by the total
8population of the responsible units eligible under sub. (2).
AB40-ASA1,1206,109 (b) Multiply the amount determined under par. (a) by the population of the
10responsible unit.
AB40-ASA1,1206,12 11(4) A grant under this section plus a grant under s. 287.23 may not exceed the
12allowable expenses under s. 287.23 (3) (b).
AB40-ASA1, s. 2982 13Section 2982. 287.25 of the statutes is repealed.
AB40-ASA1, s. 2983 14Section 2983. 287.26 of the statutes is repealed.
AB40-ASA1, s. 2984 15Section 2984. 287.31 (6) of the statutes is amended to read:
AB40-ASA1,1206,1816 287.31 (6) Use of revenues. The newspaper recycling fees collected under sub.
17(5) shall be deposited in the recycling and renewable energy environmental fund
18under s. 25.49.
AB40-ASA1, s. 2984n 19Section 2984n. 289.63 (6) (title) of the statutes is amended to read:
AB40-ASA1,1206,2120 289.63 (6) (title) Exemption from groundwater and well compensation fees;
21for certain materials used in operation of the facility.
AB40-ASA1, s. 2984p 22Section 2984p. 289.63 (6) of the statutes is renumbered 289.63 (6) (a).
AB40-ASA1, s. 2984r 23Section 2984r. 289.63 (6) (b) of the statutes is created to read:
AB40-ASA1,1206,2524 289.63 (6) (b) 1. In this paragraph, "natural disaster" means a severe natural
25or human-caused flood or a severe tornado, heavy rain, or storm.
AB40-ASA1,1207,3
12. Solid waste materials that are generated as the result of a natural disaster
2are not subject to the groundwater and well compensation fees imposed under sub.
3(1) if all of the following apply:
AB40-ASA1,1207,44 a. The natural disaster resulted in a federal or state disaster declaration.
AB40-ASA1,1207,65 b. The solid waste materials were generated within a municipality that was
6included in the federal or state disaster declaration.
AB40-ASA1,1207,97 c. The solid waste materials resulting from the natural disaster were disposed
8of in the solid waste disposal facility within 60 days after the occurrence of the
9natural disaster.
AB40-ASA1,1207,1210 d. The solid waste materials were removed as part of the disaster recovery
11effort and were segregated from other solid wastes when delivered to the solid waste
12disposal facility.
AB40-ASA1, s. 2984t 13Section 2984t. 289.64 (4) (title) of the statutes is amended to read:
AB40-ASA1,1207,1514 289.64 (4) (title) Exemption from solid waste facility siting board fee; for
15certain materials
used in operation of the facility .
AB40-ASA1, s. 2984v 16Section 2984v. 289.64 (4) of the statutes is renumbered 289.64 (4) (a).
AB40-ASA1, s. 2984x 17Section 2984x. 289.64 (4) (b) of the statutes is created to read:
AB40-ASA1,1207,1918 289.64 (4) (b) 1. In this paragraph, "natural disaster" means a severe natural
19or human-caused flood or a severe tornado, heavy rain, or storm.
AB40-ASA1,1207,2220 2. Solid waste materials that are generated as the result of a natural disaster
21are not subject to the solid waste facility siting board fee imposed under sub. (1) if
22all of the following apply:
AB40-ASA1,1207,2323 a. The natural disaster resulted in a federal or state disaster declaration.
AB40-ASA1,1207,2524 b. The solid waste materials were generated within a municipality that was
25included in the federal or state disaster declaration.
AB40-ASA1,1208,2
1c. The solid waste materials were disposed of in the solid waste disposal facility
2within 60 days after the occurrence of the natural disaster.
AB40-ASA1,1208,53 d. The solid waste materials were removed as part of the disaster recovery
4effort and were segregated from other solid wastes when delivered to the solid waste
5disposal facility.
AB40-ASA1, s. 2984z 6Section 2984z. 289.645 (4) (f) of the statutes is created to read:
AB40-ASA1,1208,87 289.645 (4) (f) 1. In this paragraph, "natural disaster" means a severe natural
8or human-caused flood or a severe tornado, heavy rain, or storm.
AB40-ASA1,1208,109 2. Solid waste materials that are generated as the result of a natural disaster
10are not subject to the recycling fee imposed under sub. (1) if all of the following apply:
AB40-ASA1,1208,1111 a. The natural disaster resulted in a federal or state disaster declaration.
AB40-ASA1,1208,1312 b. The solid waste materials were generated within a municipality that was
13included in the federal or state disaster declaration.
AB40-ASA1,1208,1514 c. The solid waste materials were disposed of in the solid waste disposal facility
15within 60 days after the occurrence of the natural disaster.
AB40-ASA1,1208,1816 d. The solid waste materials were removed as part of the disaster recovery
17effort and were segregated from other solid wastes when delivered to the solid waste
18disposal facility.
AB40-ASA1, s. 2985b 19Section 2985b. 289.645 (6) of the statutes is amended to read:
AB40-ASA1,1208,2120 289.645 (6) Use of recycling fees. The fees collected under sub. (2) shall be
21deposited in the recycling and renewable energy environmental fund.
AB40-ASA1, s. 2985f 22Section 2985f. 289.67 (1) (a) of the statutes is amended to read:
AB40-ASA1,1209,823 289.67 (1) (a) Imposition of fee. Except as provided under par. pars. (f) and (fm),
24a generator of solid or hazardous waste shall pay an environmental repair fee for
25each ton or equivalent volume of solid or hazardous waste which is disposed of at a

1licensed solid or hazardous waste disposal facility. If a person arranges for collection
2or disposal services on behalf of one or more generators, that person shall pay the
3environmental repair fee to the licensed solid or hazardous waste disposal facility or
4to any intermediate hauler used to transfer wastes from collection points to a
5licensed facility. An intermediate hauler who receives environmental repair fees
6under this paragraph shall pay the fees to the licensed solid or hazardous waste
7disposal facility. Tonnage or equivalent volume shall be calculated in the same
8manner as the calculation made for tonnage fees under s. 289.62 (1).
AB40-ASA1, s. 2985g 9Section 2985g. 289.67 (1) (fm) of the statutes is created to read:
AB40-ASA1,1209,1210 289.67 (1) (fm) Exemption from environmental repair fee; certain materials
11resulting from natural disasters.
1. In this paragraph, "natural disaster" means a
12severe natural or human-caused flood or a severe tornado, heavy rain, or storm.
AB40-ASA1,1209,1513 2. Solid waste materials that are generated as the result of a natural disaster
14are not subject to the environmental repair fee imposed under par. (a) if all of the
15following apply:
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