Amendment ASA1-AB40

AB40-ASA1,2105 Section 2105. 285.69 (2) (a) 1. of the statutes is repealed.

AB40-ASA1,2106 Section 2106. 285.69 (2) (a) 2. of the statutes is repealed.

AB40-ASA1,2107 Section 2107. 285.69 (2) (a) 3. of the statutes is repealed.

AB40-ASA1,2108 Section 2108. 285.69 (2) (a) 4. of the statutes is repealed.

AB40-ASA1,2109 Section 2109. 285.69 (2) (a) 5. of the statutes is amended to read:

AB40-ASA1,1126,3 285.69 (2) (a) 5. That fees are not based on emissions by an air contaminant source in excess of 5,000 tons per year of each regulated pollutant , except that, subject to par. (b), this limitation does not apply to a major utility, as defined in s. 285.41 (1) (f), that owns or operates a phase I affected unit as listed in Table A of 42 USC 7651c.

AB40-ASA1,2110 Section 2110. 285.69 (2) (a) 6. of the statutes is repealed.

AB40-ASA1,2111 Section 2111. 285.69 (2) (a) 7. of the statutes is repealed.

AB40-ASA1,2112 Section 2112. 285.69 (2) (a) 9. of the statutes is repealed.

AB40-ASA1,2113 Section 2113. 285.69 (2) (a) 10. of the statutes is repealed.

AB40-ASA1,2114 Section 2114. 285.69 (2) (a) 11. of the statutes is repealed.

AB40-ASA1,2115 Section 2115. 285.69 (2) (a) 12. of the statutes is created to read:

AB40-ASA1,1126,11 285.69 (2) (a) 12. That the fee billed in 2013 and each year thereafter equals $35.71 per ton of emissions specified under subd. 8.

AB40-ASA1,2119 Section 2119. 285.69 (2) (b) of the statutes is repealed.

AB40-ASA1,2120 Section 2120. 285.69 (2) (e) of the statutes is amended to read:

AB40-ASA1,1126,17 285.69 (2) (e) Beginning in 2001 and ending in 2012, the owner or operator of a stationary source for which an operation permit is required shall pay to the department an annual fee of 86 cents per ton of actual emissions in the preceding year of all air contaminants on which the fee under par. (a) is based.

AB40-ASA1,2120m Section 2120m. 285.69 (2e) of the statutes is created to read:

AB40-ASA1,1126,20 285.69 (2e) Facility fees for persons required to have federal operation permits. (a) In this subsection:

AB40-ASA1,1126,22 1. "Electric generating source" means a stationary source the primary purpose of which is to generate electricity.

AB40-ASA1,1127,2 2. "Federal construction permit source" means a stationary source that was subject to a major source construction permit requirement necessary to implement the requirements of 42 USC 7470 to 7492 or 42 USC 7501 to 7515 for any portion of the preceding year.

AB40-ASA1,1127,6 3. "Maximum achievable control technology source" means a stationary source that was subject to regulation under 42 USC 7412 for any portion of the preceding year, except for a stationary source that was subject solely to regulation under 42 USC 7412 (d) (5) or (r).

AB40-ASA1,1127,9 4. "New source performance standards source" means a stationary source that was subject to regulation under 42 USC 7411 or 7429 (a) for any portion of the preceding year.

AB40-ASA1,1127,13 (b) Annually, beginning in 2014, in addition to the fees under sub. (2), the owner or operator of a stationary source for which an operation permit was required under the federal clean air act for any portion of the preceding year shall pay the sum of the following:

AB40-ASA1,1127,14 1. A base fee in the following amount:

AB40-ASA1,1127,16 a. If in the preceding year the stationary source emitted not more than 10 tons of the air contaminants on which the fee under sub. (2) (a) is based, $900.

AB40-ASA1,1127,19 b. If in the preceding year the stationary source emitted more than 10 tons but not more than 25 tons of the air contaminants on which the fee under sub. (2) (a) is based, $1,300.

AB40-ASA1,1127,22 c. If in the preceding year the stationary source emitted more than 25 tons but not more than 50 tons of the air contaminants on which the fee under sub. (2) (a) is based, $1,600.

AB40-ASA1,1127,25 d. If in the preceding year the stationary source emitted more than 50 tons but not more than 80 tons of the air contaminants on which the fee under sub. (2) (a) is based, $2,300.

AB40-ASA1,1128,2 e. If in the preceding year the stationary source emitted more than 80 tons of the air contaminants on which the fee under sub. (2) (a) is based, $3,000.

AB40-ASA1,1128,4 2. If the stationary source is a maximum achievable control technology source, a fee of $960.

AB40-ASA1,1128,6 3. If the stationary source is a new source performance standards source, a fee of $960.

AB40-ASA1,1128,8 4. If the stationary source is a federal construction permit source, a fee of $1,500.

AB40-ASA1,1128,11 5. If the stationary source is an electric generating source that is not publicly owned and that included a coal-fired generating unit for any portion of the preceding year, a fee of $46,980.

AB40-ASA1,1128,14 (c) The fees collected under this subsection shall be credited to the appropriation accounts under s. 20.370 (2) (bg), (3) (bg), (8) (mg), and (9) (mh) for the purposes in sub. (2) (c) 1. and 2.

AB40-ASA1,1128,16 (d) The department may promulgate rules for the payment and collection of the fees required under this subsection.

AB40-ASA1,2121 Section 2121. 285.69 (2m) (a) of the statutes is amended to read:

AB40-ASA1,1128,21 285.69 (2m) (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 $400 per year, except as provided in par. (b).

AB40-ASA1,2121e Section 2121e. 285.72 of the statutes is created to read:

AB40-ASA1,1129,4 285.72 Air quality monitoring station. From the appropriation under s. 20.370 (2) (ce), the department shall fund the construction, operation, and maintenance of an air quality monitoring station in a county identified in its entirety as a nonattainment area for the 2008 8-hour national ambient air quality standard for ozone under 40 CFR 50.15 for the purpose of assessing ozone concentrations. The department may designate the monitoring station as a special purpose monitor under 40 CFR 58.20.

AB40-ASA1,2122 Section 2122. 292.11 (2) (e) of the statutes is repealed.

AB40-ASA1,2123 Section 2123. 292.11 (7) (a) of the statutes is amended to read:

AB40-ASA1,1129,12 292.11 (7) (a) Subject to ss. s. 94.73 (2m) and 101.144 (3), in any case where action required under sub. (3) is not being adequately taken or the identity of the person responsible for the discharge is unknown, the department or its authorized representative may identify, locate, monitor, contain, remove or dispose of the hazardous substance or take any other emergency action which it deems appropriate under the circumstances.

AB40-ASA1,2124 Section 2124. 292.11 (7) (c) of the statutes is amended to read:

AB40-ASA1,1129,17 292.11 (7) (c) Subject to ss. s. 94.73 (2m) and 101.144 (3), the department, for the protection of public health, safety or welfare, may issue an emergency order or a special order to the person possessing, controlling or responsible for the discharge of hazardous substances to fulfill the duty imposed by sub. (3).

AB40-ASA1,2125 Section 2125. 292.12 (1) (a) of the statutes is amended to read:

AB40-ASA1,1129,24 292.12 (1) (a) "Agency with administrative authority" means the department of agriculture, trade and consumer protection with respect to a site over which it has jurisdiction under s. 94.73 (2), the department of safety and professional services with respect to a site over which it has jurisdiction under s. 101.144 (2) (a), or the department of natural resources with respect to a site over which it has jurisdiction under s. 292.11 (7).

AB40-ASA1,2126 Section 2126. 292.31 (7) (d) of the statutes is created to read:

AB40-ASA1,1130,6 292.31 (7) (d) The department may enter into an agreement with a responsible party under the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 USC 9601 to 9675, to provide management and technical support for a remedial action under the act. A responsible party shall reimburse the department for the costs the department incurs under an agreement, using the hourly billing rate calculated under s. NR 750.07 (2), Wis. Adm. Code.

AB40-ASA1,2127 Section 2127. 292.99 (1) of the statutes is amended to read:

AB40-ASA1,1130,12 292.99 (1) Except as provided under sub. (1m) and s. 292.63 (10), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.

AB40-ASA1,2128 Section 2128. 299.07 (1) (a) 6m. of the statutes is created to read:

AB40-ASA1,1130,14 299.07 (1) (a) 6m. A certification or registration under s. 292.63 (2) (g).

AB40-ASA1,2129 Section 2129. 299.08 (1) (a) 6m. of the statutes is created to read:

AB40-ASA1,1130,16 299.08 (1) (a) 6m. A certification or registration under s. 292.63 (2) (g).

AB40-ASA1,2130 Section 2130. 299.09 (1) of the statutes is amended to read:

AB40-ASA1,1130,21 299.09 (1) In this section, "approval" means a well driller license under s. 280.15 (2m), certification for an incinerator operator under s. 285.51 (2), or certification for an operator of a solid waste disposal facility under s. 289.42 (1), or certification of a consultant under s. 292.63 (2) (g).

AB40-ASA1,2131 Section 2131. 301.08 (1) (c) 4. of the statutes is amended to read:

AB40-ASA1,1130,25 301.08 (1) (c) 4. If the department collects any moneys from a vendor under a contract under subd. 2., the department shall credit those moneys to the appropriation account under s. 20.410 (1) (ge) (gf).

AB40-ASA1,2132 Section 2132. 301.235 (2) (a) 1. of the statutes is amended to read:

AB40-ASA1,1131,7 301.235 (2) (a) 1. Without limitation by reason of any other statute except s. ss. 13.48 (14) (am) and 16.848 (1), the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.

AB40-ASA1,2133 Section 2133. 301.24 (4) of the statutes is amended to read:

AB40-ASA1,1131,15 301.24 (4) Sales. Except where a sale occurs under s. 13.48 (14) (am) or 16.848 (1), the department, with the approval of the building commission, may sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of the sales shall be credited to the state building trust fund.

AB40-ASA1,2134 Section 2134. 301.24 (4m) of the statutes is amended to read:

AB40-ASA1,1131,23 301.24 (4m) Correctional institution property disposition. In addition to any other requirements under this section, except where a sale occurs under s. 13.48 (14) (am) or 16.848 (1), the department may sell or otherwise transfer or dispose of the property acquired for the correctional institution under s. 46.05 (1o), 1985 stats., only if the sale, transfer or disposition is approved by the joint committee on finance. The department shall submit a plan for any such proposed sale, transfer or disposition to the committee.

AB40-ASA1,2135 Section 2135. 301.26 (4) (d) 2. of the statutes is amended to read:

AB40-ASA1,1132,6 301.26 (4) (d) 2. Beginning on July 1, 2011 2013, and ending on June 30, 2012 2014, the per person daily cost assessment to counties shall be $284 $294 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $284 $294 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $99 $125 for departmental corrective sanctions services, and $40 $41 for departmental aftercare services.

AB40-ASA1,2136 Section 2136. 301.26 (4) (d) 3. of the statutes is amended to read:

AB40-ASA1,1132,13 301.26 (4) (d) 3. Beginning on July 1, 2012 2014, and ending on June 30, 2013 2015, the per person daily cost assessment to counties shall be $289 $301 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $289 $301 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $100 $128 for departmental corrective sanctions services, and $40 $41 for departmental aftercare services.

AB40-ASA1,2137 Section 2137. 301.26 (4) (e) of the statutes is amended to read:

AB40-ASA1,1132,19 301.26 (4) (e) For foster care, group home care, and institutional child care to alternate care services for delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

AB40-ASA1,2138 Section 2138. 301.26 (4) (ed) of the statutes is amended to read:

AB40-ASA1,1132,24 301.26 (4) (ed) For foster care, group home care, and institutional child care to alternate care services for serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

AB40-ASA1,2139 Section 2139. 301.26 (7) (intro.) of the statutes is amended to read:

AB40-ASA1,1133,5 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of the appropriations under s. 20.410 (3) (cd) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2011 2013, and ending on June 30, 2013 2015, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB40-ASA1,2140 Section 2140. 301.26 (7) (a) of the statutes is amended to read:

AB40-ASA1,1133,9 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $45,478,000 for the last 6 months of 2011 2013, $90,956,100 for 2012 2014, and $45,478,100 for the first 6 months of 2013 2015.

AB40-ASA1,2141 Section 2141. 301.26 (7) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1133,14 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2011 2013, $4,000,000 for 2012 2014, and $2,000,000 for the first 6 months of 2013 2015 to counties based on each of the following factors weighted equally:

AB40-ASA1,2142 Section 2142. 301.26 (7) (b) 2. of the statutes is amended to read:

AB40-ASA1,1133,19 301.26 (7) (b) 2. Each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance department of justice during the most recent 3-year period for which that information is available.

AB40-ASA1,2143 Section 2143. 301.26 (7) (bm) of the statutes is amended to read:

AB40-ASA1,1134,2 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2011 2013, $12,500,000 for 2012 2014, and $6,250,000 for the first 6 months of 2013 2015 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility during the most recent 3-year period for which that information is available.

AB40-ASA1,2144 Section 2144. 301.26 (7) (c) of the statutes is amended to read:

AB40-ASA1,1134,10 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2011 2013, $2,106,500 for 2012 2014, and $1,053,300 for the first 6 months of 2013 2015 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

AB40-ASA1,2145 Section 2145. 301.26 (7) (e) of the statutes is amended to read:

AB40-ASA1,1134,16 301.26 (7) (e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 2011 2013, $250,000 for 2012 2014, and $125,000 for the first 6 months of 2013 2015. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

AB40-ASA1,2146 Section 2146. 301.26 (7) (h) of the statutes is amended to read:

AB40-ASA1,1135,2 301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 2011 2013, $2,124,800 in 2012 2014, and $1,062,400 in the first 6 months of 2013 2015 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

AB40-ASA1,2147 Section 2147. 301.26 (8) of the statutes is amended to read: