SB45, s. 2651 9Section 2651. 292.99 (1m) of the statutes is created to read:
SB45,1197,1110 292.99 (1m) Any person who violates s. 292.65 (12m) or 292.66 (5) shall forfeit
11not less than $10 nor more than $10,000.
SB45, s. 2652 12Section 2652. 292.99 (2) of the statutes is amended to read:
SB45,1197,2113 292.99 (2) In addition to the penalties provided under sub. subs. (1) and (1m),
14the court may award the department of justice the reasonable and necessary
15expenses of the investigation and prosecution of the violation, including attorney
16fees. The department of justice shall deposit in the state treasury for deposit into the
17general fund all moneys that the court awards to the department or the state under
18this subsection. Ten percent of the money deposited in the general fund that was
19awarded under this subsection for the costs of investigation and the expenses of
20prosecution, including attorney fees, shall be credited to the appropriation account
21under s. 20.455 (1) (gh).
SB45, s. 2653 22Section 2653. 295.11 (10) of the statutes is amended to read:
SB45,1198,723 295.11 (10) "Solid waste" means any garbage, refuse, sludge from a waste
24treatment plant, water supply treatment plant or air pollution control facility and
25other discarded or salvageable materials, including solid, liquid, semisolid, or

1contained gaseous materials resulting from industrial, commercial, mining and
2agricultural operations, and from community activities, but does not include solids
3or dissolved material in domestic sewage, or solid or dissolved materials in irrigation
4return flows or industrial discharges which are point sources subject to permits
5under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear
6material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31
7(3) (1).
SB45, s. 2654 8Section 2654. 299.07 (1) (a) 11. of the statutes is amended to read:
SB45,1198,99 299.07 (1) (a) 11. A certification, accreditation or registration under s. 299.11.
SB45, s. 2655 10Section 2655. 299.11 (1) (a) of the statutes is renumbered 299.11 (1) (am).
SB45, s. 2656 11Section 2656. 299.11 (1) (ae) of the statutes is created to read:
SB45,1198,1312 299.11 (1) (ae) "Accredited" means accredited under sub. (8m) or recognized as
13accredited under sub. (5).
SB45, s. 2657 14Section 2657. 299.11 (1) (b) of the statutes is amended to read:
SB45,1198,1815 299.11 (1) (b) "Certified laboratory" means a laboratory which performs tests
16for hire in connection with a covered program and which receives certification

17certified under sub. (7) or receives recognition recognized as a certified laboratory
18under sub. (5).
SB45, s. 2658 19Section 2658. 299.11 (1) (em) of the statutes is created to read:
SB45,1198,2320 299.11 (1) (em) "National Environmental Laboratory Accreditation
21Conference" means the voluntary association of state and federal officials, sponsored
22by the federal environmental protection agency, with the purpose of establishing
23national performance standards for environmental laboratories.
SB45, s. 2659 24Section 2659. 299.11 (1) (eq) of the statutes is created to read:
SB45,1199,6
1299.11 (1) (eq) "National environmental laboratory accreditation program"
2means the program of the federal environmental protection agency that oversees the
3implementation of national performance standards established by the National
4Environmental Laboratory Accreditation Conference and determines whether to
5approve state and federal agencies as accrediting authorities for environmental
6laboratories.
SB45, s. 2660 7Section 2660. 299.11 (1) (g) of the statutes is amended to read:
SB45,1199,108 299.11 (1) (g) "Registered laboratory" means a laboratory which is registered
9under sub. (8) or receives recognition recognized as a registered laboratory under
10sub. (5).
SB45, s. 2661 11Section 2661. 299.11 (3) of the statutes is amended to read:
SB45,1199,1812 299.11 (3) Certification standards review council. The council shall review
13the laboratory certification and, registration and accreditation program and shall
14make recommendations to the department concerning the specification of test
15categories, reference sample testing and standards for certification, registration,
16accreditation, suspension and revocation and other aspects of the program.
17Recommendations concerning accreditations shall be consistent with the standards
18established by the National Environmental Laboratory Accreditation Conference.
SB45, s. 2662 19Section 2662. 299.11 (4) (title) and (a) of the statutes are amended to read:
SB45,1200,220 299.11 (4) (title) Department may require accreditation, certification or
21registration.
(a) Applicability. Except as provided in subs. (5) and (6), if results from
22a test in a specified test category in a covered program are required to be submitted
23to the department, the department may require by rule that the test be conducted
24by a laboratory which is accredited, certified or registered to conduct tests in that
25specified category. The department may require that tests be conducted by a an

1accredited or
certified laboratory if the requirements for registration do not meet the
2requirements of an applicable federal law.
SB45, s. 2663 3Section 2663. 299.11 (4) (c) of the statutes is amended to read:
SB45,1200,94 299.11 (4) (c) Delayed effective date. A rule identifying specified test categories
5for which tests are required to be conducted by a an accredited, certified or registered
6laboratory may not take effect until at least 120 days after publication. The
7department may not require a person to resubmit results of tests which were not
8required to be conducted by a an accredited, certified or registered laboratory at the
9time of the original submission merely because of that fact.
SB45, s. 2664 10Section 2664. 299.11 (5) (title) of the statutes is amended to read:
SB45,1200,1211 299.11 (5) (title) Recognition of other accreditation, certification or
12registration.
SB45, s. 2665 13Section 2665. 299.11 (5) (cm) of the statutes is created to read:
SB45,1200,1914 299.11 (5) (cm) Reciprocity for national accreditation. If the department is
15approved as an accrediting authority under sub. (8m) (a) and another accrediting
16authority under the national environmental laboratory accreditation program
17recognizes accreditation by the department under sub. (8m), the department shall
18recognize a laboratory as accredited to conduct tests in any test category for which
19the laboratory is accredited by that other accrediting authority.
SB45, s. 2666 20Section 2666. 299.11 (5) (d) of the statutes is amended to read:
SB45,1200,2521 299.11 (5) (d) Discretionary acceptance. The department may accept the
22results of a test in a specified test category even though the test was not conducted
23by a an accredited, certified or registered laboratory. The department may charge
24an extra fee if it is necessary to verify the results of a test submitted under this
25paragraph.
SB45, s. 2667
1Section 2667. 299.11 (6) of the statutes is amended to read:
SB45,1201,42 299.11 (6) Not applicable to other programs. No laboratory is required to be
3accredited,
registered or certified under this section for any purpose other than the
4submission of results under a covered program.
SB45, s. 2668 5Section 2668. 299.11 (8m) of the statutes is created to read:
SB45,1201,86 299.11 (8m) Accreditation. (a) The department may apply to be approved as
7an accrediting authority under the national environmental laboratory accreditation
8program.
SB45,1201,149 (b) If the department is approved as an accrediting authority under par. (a), the
10department shall, after considering recommendations by the council, promulgate a
11rule prescribing criteria to be used to evaluate laboratories for accreditation and the
12procedures for accrediting laboratories. The criteria shall be consistent with the
13standards established by the National Environmental Laboratory Accreditation
14Conference.
SB45, s. 2669 15Section 2669. 299.11 (9) of the statutes is amended to read:
SB45,1201,1816 299.11 (9) Fees. The department shall promulgate by rule a graduated
17schedule of fees for accredited, certified and registered laboratories which are
18designed to recover the costs of administering this section.
SB45, s. 2670 19Section 2670. 299.13 (title) of the statutes is amended to read:
SB45,1201,20 20299.13 (title) Hazardous pollution Pollution prevention.
SB45, s. 2671 21Section 2671. 299.13 (1) (be) of the statutes is created to read:
SB45,1201,2322 299.13 (1) (be) "Center" means the solid and hazardous waste education center
23under s. 36.25 (30).
SB45, s. 2672 24Section 2672. 299.13 (1) (c) of the statutes is repealed.
SB45, s. 2673 25Section 2673. 299.13 (1) (dm) of the statutes is created to read:
SB45,1202,2
1299.13 (1) (dm) 1. "Pollution prevention" means an action that does any of the
2following:
SB45,1202,33 a. Prevents waste from being created.
SB45,1202,44 b. Reduces the amount of waste that is created.
SB45,1202,65 c. Changes the nature of waste being created in a way that reduces the hazards
6to public health or the environment posed by the waste.
SB45,1202,107 2. "Pollution prevention" does not include incineration, recycling or treatment
8of a waste, changes in the manner of disposal of a waste or any practice that changes
9the characteristics or volume of a waste if the practice is not part of the process that
10produces a product or provides a service.
SB45, s. 2674 11Section 2674. 299.13 (1) (e) of the statutes is repealed.
SB45, s. 2675 12Section 2675. 299.13 (1m) (intro.) of the statutes is amended to read:
SB45,1202,1613 299.13 (1m) Promotion of hazardous pollution prevention. (intro.) In
14carrying out the duties under this section and ss. 36.25 (30) and 560.19, the
15department, the department of commerce and the program center shall promote all
16of the following techniques for hazardous pollution prevention:
SB45, s. 2676 17Section 2676. 299.13 (1m) (f) of the statutes is created to read:
SB45,1202,1818 299.13 (1m) (f) Reducing energy use.
SB45, s. 2677 19Section 2677. 299.13 (1m) (g) of the statutes is created to read:
SB45,1202,2020 299.13 (1m) (g) Training employes to minimize waste.
SB45, s. 2678 21Section 2678. 299.13 (2) (a) of the statutes is amended to read:
SB45,1202,2322 299.13 (2) (a) Designate an employe of the department to serve as hazardous
23pollution prevention coordinator and to do all of the following:
SB45,1203,424 2. Recommend educational priorities to the university of Wisconsin-extension
25for the program center, considering volume and toxicity of hazardous substances,

1toxic pollutants and hazardous waste produced, lack of compliance with
2environmental standards, potential for hazardous pollution prevention and
3projected shortfalls in hazardous waste treatment or disposal facilities under the
4capacity assurance plan.
SB45,1203,65 3. Coordinate the department's hazardous pollution prevention efforts with
6those of other governmental agencies and private groups.
SB45,1203,87 4. Provide training concerning hazardous pollution prevention to employes of
8the department.
SB45, s. 2679 9Section 2679. 299.13 (2) (b) of the statutes is amended to read:
SB45,1203,1410 299.13 (2) (b) Identify all department requirements for reporting on hazardous
11pollution prevention and, to the extent possible and practical, standardize,
12coordinate and consolidate the reporting in order to minimize duplication and
13provide useful information on hazardous pollution prevention to the legislature and
14the public.
SB45, s. 2680 15Section 2680. 299.13 (2) (d) of the statutes is amended to read:
SB45,1203,1616 299.13 (2) (d) Seek federal funding to promote hazardous pollution prevention.
SB45, s. 2681 17Section 2681. 299.15 (3) (cm) 2. of the statutes is amended to read:
SB45,1203,1918 299.15 (3) (cm) 2. In any fiscal year, the department may not charge total fees
19under par. (am) that exceed $7,450,000 $7,925,000.
SB45, s. 2682 20Section 2682. 299.95 of the statutes is amended to read:
SB45,1204,10 21299.95 Enforcement; duty of department of justice; expenses. The
22attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
23ss. 281.48, 285.57, 285.59 and 299.64, and all rules, special orders, licenses, plan
24approvals and permits of the department, except those promulgated or issued under
25ss. 281.48, 285.57, 285.59 and 299.64 and except as provided in s. 285.86. The circuit

1court for Dane county or for any other county where a violation occurred in whole or
2in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or
3the rule, special order, license, plan approval or permit by injunctional and other
4relief appropriate for enforcement. For purposes of this proceeding where chs. 281
5to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval
6or permit prohibits in whole or in part any pollution, a violation is considered a public
7nuisance. The department of natural resources may enter into agreements with the
8department of justice to assist with the administration of chs. 281 to 285 and 289 to
9295 and this chapter. Any funds paid to the department of justice under these
10agreements shall be credited to the appropriation account under s. 20.455 (1) (k).
SB45, s. 2683 11Section 2683. 301.01 (2) (b) of the statutes is amended to read:
SB45,1204,1412 301.01 (2) (b) Any resident of a secured correctional facility, as defined in s.
13938.02 (15m), or of
a secured child caring institution, as defined in s. 938.02 (15g) or
14a secured group home
.
SB45, s. 2684 15Section 2684. 301.01 (3k) of the statutes is created to read:
SB45,1204,1716 301.01 (3k) "Secured child caring institution" has the meaning given in s.
17938.02 (15g).
SB45, s. 2685 18Section 2685. 301.01 (3m) of the statutes is created to read:
SB45,1204,2019 301.01 (3m) "Secured correctional facility" has the meaning given in s. 938.02
20(15m).
SB45, s. 2686 21Section 2686. 301.01 (3p) of the statutes is created to read:
SB45,1204,2222 301.01 (3p) "Secured group home" has the meaning given in s. 938.02 (15p).
SB45, s. 2687 23Section 2687. 301.01 (4) of the statutes is amended to read:
SB45,1205,3
1301.01 (4) "State correctional institution" means a state prison under s. 302.01
2or a secured correctional facility, as defined in s. 938.02 (15m), other than the
3Mendota Juvenile Treatment Center
operated by the department.
SB45, s. 2688 4Section 2688. 301.027 of the statutes is amended to read:
SB45,1205,8 5301.027 Treatment program at one or more juvenile secured
6correctional
institutions facilities. The department shall maintain a
7cottage-based intensive alcohol and other drug abuse program at one or more
8juvenile secured correctional institutions facilities.
SB45, s. 2689 9Section 2689. 301.029 of the statutes is created to read:
SB45,1205,12 10301.029 Contracts requiring prisoner access to personal information.
11(1) In this section, "financial transaction card" has the meaning given in s. 943.41
12(1) (em).
SB45,1205,16 13(2) (a) The department may not enter into any contract or other agreement if,
14in the performance of the contract or agreement, a prisoner would perform data entry
15or telemarketing services and have access to an individual's financial transaction
16card numbers, checking or savings account numbers or social security number.
SB45,1205,2017 (b) The department may not enter into any contract or other agreement if, in
18the performance of the contract or agreement, a prisoner would perform data entry
19services or telemarketing services and have access to any information that may serve
20to identify a minor.
SB45, s. 2690 21Section 2690. 301.03 (10) (d) of the statutes is amended to read:
SB45,1206,222 301.03 (10) (d) Administer the office of juvenile offender review in the division
23of juvenile corrections in the department. The office shall be responsible for decisions
24regarding case planning, the release of juvenile offenders from juvenile secured
25correctional institutions facilities, secured child caring institutions or secured group

1homes
to aftercare placements and the transfer of juveniles to the Racine youthful
2offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d).
SB45, s. 2691 3Section 2691. 301.03 (10) (e) of the statutes is amended to read:
SB45,1206,64 301.03 (10) (e) Provide educational programs in all secured correctional
5facilities, as defined in s. 938.02 (15m), other than the Mendota Juvenile Treatment
6Center
operated by the department.
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