AB75, s. 2639
11Section
2639. 285.69 (2) (f) of the statutes is repealed.
AB75, s. 2640
12Section
2640. 285.69 (2) (g) of the statutes is repealed.
AB75, s. 2641
13Section
2641. 285.69 (2) (h) of the statutes is repealed.
AB75, s. 2642
14Section
2642. 285.69 (2) (i) of the statutes is renumbered 285.69 (2m) (b), and
15285.69 (2m) (b) (intro.), as renumbered, is amended to read:
AB75,1375,2116
285.69
(2m) (b) (intro.) The fees collected under this subsection
from the owner
17or operator of a stationary source for which an operation permit is required under
18s. 285.60 but not under the federal clean air act and under sub. (1g) shall be credited
19to the appropriation account under s. 20.370 (2) (bh) for the following purposes as
20they relate to stationary sources for which an operation permit is required under s.
21285.60 but not under the federal clean air act:
AB75, s. 2643
22Section
2643. 285.69 (2m) of the statutes is created to read:
AB75,1376,223
285.69
(2m) Fees for state permit sources. (a) The owner or operator of a
24stationary source for which an operation permit is required under s. 285.60 but not
1under the federal clean air act shall pay to the department a fee of $775 per year,
2except as provided in par. (b).
AB75,1376,83
(b) An owner or operator to whom the department has issued an operation
4permit for one or more points of emission from an existing source in order to limit the
5source's potential to emit so that the existing source is not a major source shall pay
6to the department a fee of $3,475 per year if the operation permit includes federally
7enforceable conditions that allow the amount of emissions to be at least 80 percent
8of the amount that results in a stationary source being classified as a major source.
AB75, s. 2644
9Section
2644. 285.69 (3) (a) of the statutes is amended to read:
AB75,1376,2210
285.69
(3) (a) The department may promulgate rules for the payment and
11collection of fees for inspecting nonresidential asbestos demolition and renovation
12projects regulated by the department. The fees under this subsection for an
13inspection plus the fee under sub. (1) (c) may not exceed
$400 $700 if the combined
14square and linear footage of friable asbestos-containing material involved in the
15project is less than 5,000. The fees under this subsection for an inspection plus the
16fee under sub. (1) (c) may not exceed
$750 $1,325 if the combined square and linear
17footage of friable asbestos-containing material involved in the project is 5,000 or
18more. The fees collected under this subsection shall be credited to the appropriation
19under s. 20.370 (2) (bi) for the direct and indirect costs of conducting inspections of
20nonresidential asbestos demolition and renovation projects regulated by the
21department
and for inspecting property proposed to be used for a community fire
22safety training project.
AB75, s. 2645
23Section
2645. 285.69 (3) (b) of the statutes is renumbered 285.69 (3) (b) (intro.)
24and amended to read:
AB75,1377,2
1285.69
(3) (b) (intro.) In addition to the fees under par. (a), the department may
2charge
the costs all of the following:
AB75,1377,4
31. The costs it incurs for laboratory testing for a nonresidential asbestos
4demolition and renovation project.
AB75, s. 2646
5Section
2646. 285.69 (3) (b) 2. of the statutes is created to read:
AB75,1377,86
285.69
(3) (b) 2. A fee in the amount of $100 for the department to inspect
7property proposed to be used for a community fire safety training project for which
8the department requires inspection.
AB75, s. 2647
9Section
2647. 285.69 (3) (b) 3. of the statutes is created to read:
AB75,1377,1210
285.69
(3) (b) 3.
A fee in the amount of $100 for the department to review a
11revised notice of an asbestos renovation or demolition activity, submitted by a person
12required by the department to provide such notice.
AB75, s. 2648
13Section
2648. 285.69 (3) (b) 4. of the statutes is created to read:
AB75,1377,1714
285.69
(3) (b) 4. An amount equal to the inspection fee under par. (a) to inspect
15property for a project for which a notice of an asbestos renovation or demolition
16activity was not provided, as required by the department, before the project was
17initiated.
AB75, s. 2649
18Section
2649. 287.03 (1) (f) of the statutes is repealed.
AB75, s. 2650
19Section
2650. 287.11 (2m) (a) 2. of the statutes is amended to read:
AB75,1377,2520
287.11
(2m) (a) 2. "Cost of selling processed material" means the net cost,
21including any storage costs, of selling processed material to a broker, dealer or
22manufacturing facility, plus any cost of transporting the processed material from the
23waste processing facility to the destination specified by the broker, dealer or
24manufacturing facility, less the portion of any state financial assistance received
25under s. 287.23
or 287.25 attributable to the processed material.
AB75, s. 2651
1Section
2651. 287.11 (2m) (bg) of the statutes is created to read:
AB75,1378,92
287.11
(2m) (bg) 1. If the department promulgates a rule under sub. (2) that
3specifies that in order to qualify as an effective recycling program, a responsible
4unit's solid waste management program shall provide single-family residences and
5buildings containing not more than 4 dwelling units in the region with at least
6monthly curbside collection of materials separated as provided in sub. (2) (b), the
7department shall, at the request of a responsible unit that has been determined to
8have an effective recycling program under this section, grant a variance to that
9responsible unit as provided in subd. 2.
AB75,1378,1410
2. A variance granted under subd. 1. shall provide that the monthly curbside
11collection requirement is satisfied if the responsible unit's solid waste management
12program provides at least monthly curbside collection of materials separated as
13provided in sub. (2) (b) to at least 80 percent of single-family residences and
14buildings containing not more than 4 dwelling units in the region.
AB75, s. 2652
15Section
2652. 287.11 (2m) (br) of the statutes is created to read:
AB75,1378,2216
287.11
(2m) (br) The department shall, at the request of a responsible unit that
17has been determined to have an effective recycling program under this section, grant
18a variance that provides that the requirement under sub. (2) (b) as it applies to
19occupants of single-family residences and buildings containing not more than 4
20dwelling units is satisfied if at least 80 percent of those residences and buildings in
21the region separate the materials identified in s. 287.07 (3) and (4) from
22postconsumer waste generated in the region.
AB75, s. 2653
23Section
2653. 287.235 of the statutes is repealed.
AB75, s. 2654
24Section
2654. 287.25 of the statutes is repealed.
AB75, s. 2655
25Section
2655. 287.26 of the statutes is repealed.
AB75, s. 2656
1Section
2656. 289.33 (3) (d) of the statutes is amended to read:
AB75,1379,192
289.33
(3) (d) "Local approval" includes any requirement for a permit, license,
3authorization, approval, variance or exception or any restriction, condition of
4approval or other restriction, regulation, requirement or prohibition imposed by a
5charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
6a town, city, village, county or special purpose district, including without limitation
7because of enumeration any ordinance, resolution or regulation adopted under
s.
891.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
9(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
10(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
11(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
12(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4),
13(5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57
14(1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1),
15(2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (6), (7), (8),
16(10) and (11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
1761.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30,
91.73, 18196.58, 200.11 (8), 236.45, 281.43 or 349.16
or, subch. VIII of ch. 60
, or subch III of
19ch. 91.
AB75, s. 2657
20Section
2657. 289.645 (3) of the statutes is amended to read:
AB75,1379,2221
289.645
(3) Amount of recycling fee. The fee imposed under this section is
22$4 $5 per ton for all solid waste other than high-volume industrial waste.
AB75, s. 2658
23Section
2658. 289.67 (1) (cp) of the statutes is amended to read:
AB75,1380,324
289.67
(1) (cp)
Amount of environmental repair fee. Notwithstanding par. (cm)
25and except as provided under par. (d), the environmental repair fee imposed under
1par. (a) is
50 cents $1.60 per ton for solid or hazardous waste, other than high-volume
2industrial waste, disposed of before
November 1, 2007
July 1, 2009, and
$1.60 $5 per
3ton disposed of on or after
November 1, 2007 July 1, 2009.
AB75, s. 2659
4Section
2659. 289.67 (2) (b) 1. of the statutes is amended to read:
AB75,1380,95
289.67
(2) (b) 1. A generator of hazardous waste shall pay a base fee of
$210 6$470, if the generator is a large quantity generator, or $350, if the generator is a small
7quantity generator if the generator has generated more than zero pounds in that
8particular year, plus $20 per ton of hazardous waste generated during the reporting
9year.
AB75, s. 2660
10Section
2660. 289.67 (2) (b) 2. of the statutes is amended to read:
AB75,1380,1211
289.67
(2) (b) 2. No generator
may
is required to pay a fee that is greater than
12$17,000 $17,500.
AB75, s. 2661
13Section
2661. 289.67 (2) (c) (intro.) of the statutes is amended to read:
AB75,1380,1514
289.67
(2) (c) (intro.) No
tonnage fees may be assessed under par. (a) for the
15following hazardous wastes:
AB75, s. 2662
16Section
2662. 289.67 (2) (de) of the statutes is created to read:
AB75,1380,1917
289.67
(2) (de) The department shall promulgate a rule that defines "large
18quantity generator" and "small quantity generator" for the purposes of this
19subsection.
AB75, s. 2663
20Section
2663. 292.11 (7) (b) of the statutes is renumbered 292.11 (7) (b) 1.
AB75, s. 2664
21Section
2664. 292.11 (7) (b) 2. of the statutes is created to read:
AB75,1380,2422
292.11
(7) (b) 2. If the department authorizes reimbursement under subd. 1.
23to be paid over time, it shall require monthly payments of interest, at a rate
24determined by the department, on the unpaid balance of the reimbursement.
AB75, s. 2665
25Section
2665. 292.31 (8) (e) of the statutes is created to read:
AB75,1381,4
1292.31
(8) (e)
Interest payment. If the department authorizes an amount that
2the state is entitled to recover under this subsection to be paid over time, it shall
3require monthly payments of interest, at a rate determined by the department, on
4the unpaid balance of that amount.
AB75, s. 2666
5Section
2666. 301.03 (3) of the statutes is amended to read:
AB75,1381,196
301.03
(3) Administer parole, extended supervision
, and probation matters,
7except that the decision to grant or deny parole
or to grant extended supervision
8under s. 304.06 (1) to inmates shall be made by the
parole earned release review 9commission and the decision to revoke probation, extended supervision or parole in
10cases in which there is no waiver of the right to a hearing shall be made by the
11division of hearings and appeals in the department of administration. The secretary
12may grant special action parole releases under s. 304.02.
The department may
13discharge inmates from extended supervision under s. 973.01 (4m) and may modify
14a bifurcated sentence under s. 302.113 (9g) or (9h), and the earned release review
15commission may discharge inmates from extended supervision under s. 973.01 (4r). 16The department shall promulgate rules establishing a drug testing program for
17probationers, parolees and persons placed on extended supervision. The rules shall
18provide for assessment of fees upon probationers, parolees and persons placed on
19extended supervision to partially offset the costs of the program.
AB75, s. 2667
20Section
2667. 301.046 (4) (a) 1. of the statutes is amended to read:
AB75,1381,2221
301.046
(4) (a) 1. "Member of the family" means spouse,
domestic partner
22under ch. 770, child, sibling, parent or legal guardian.
AB75, s. 2668
23Section
2668. 301.048 (2) (am) 3. of the statutes is amended to read:
AB75,1382,3
1301.048
(2) (am) 3. The
parole earned release review commission grants him
2or her parole under s. 304.06 and requires his or her participation in the program as
3a condition of parole under s. 304.06 (1x).
AB75, s. 2669
4Section
2669. 301.048 (4m) (a) 1. of the statutes is amended to read:
AB75,1382,65
301.048
(4m) (a) 1. "Member of the family" means spouse,
domestic partner
6under ch. 770, child, sibling, parent or legal guardian.
AB75, s. 2670
7Section
2670. 301.12 (14) (a) of the statutes is amended to read:
AB75,1382,188
301.12
(14) (a) Except as provided in pars. (b) and (c), liability of a person
9specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
10years of age in residential, nonmedical facilities such as group homes, foster homes,
11treatment foster homes, residential care centers for children and youth
, and juvenile
12correctional institutions is determined in accordance with the cost-based fee
13established under s. 301.03 (18). The department shall bill the liable person up to
14any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other
153rd-party benefits, subject to rules
which that include formulas governing ability to
16pay promulgated by the department under s. 301.03 (18). Any liability of the resident
17not payable by any other person terminates when the resident reaches age 17, unless
18the liable person has prevented payment by any act or omission.
AB75, s. 2671
19Section
2671. 301.12 (14) (b) of the statutes is amended to read:
AB75,1383,320
301.12
(14) (b) Except as provided in par. (c) and subject to par. (cm), liability
21of a parent specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the
22parent's minor child who has been placed by a court order under s. 938.183, 938.355,
23or 938.357 in a residential, nonmedical facility such as a group home, foster home,
24treatment foster home, residential care center for children and youth, or juvenile
25correctional institution shall be determined by the court by using the percentage
1standard established by the department of children and families under s. 49.22 (9)
2and by applying the percentage standard in the manner established by the
3department under par. (g).
AB75, s. 2672
4Section
2672. 301.21 (1m) (c) of the statutes is amended to read:
AB75,1383,85
301.21
(1m) (c) Any hearing to consider parole
or whether to grant extended
6supervision, if the inmate is sentenced under s. 973.01 to which an inmate confined
7under this contract may be entitled by the laws of Wisconsin will be conducted by the
8Wisconsin
parole earned release review commission under rules of the department.
AB75, s. 2673
9Section
2673. 301.21 (2m) (c) of the statutes is amended to read:
AB75,1383,1410
301.21
(2m) (c) Any hearing to consider parole
or whether to grant extended
11supervision, if the prisoner is sentenced under s. 973.01 to which a prisoner confined
12under a contract under this subsection may be entitled by the laws of Wisconsin shall
13be conducted by the Wisconsin
parole earned release review commission under rules
14of the department.
AB75, s. 2674
15Section
2674. 301.26 (3) (c) of the statutes is amended to read:
AB75,1383,1816
301.26
(3) (c) Within the limits of the appropriations under s. 20.410
(1) (kd)
17and (3) (cd) and (ko), the department shall allocate funds to each county for services
18under this section.
AB75, s. 2675
19Section
2675. 301.26 (4) (d) 2. of the statutes is amended to read:
AB75,1384,220
301.26
(4) (d) 2. Beginning on July 1,
2007 2009, and ending on June 30,
2008 212010, the per person daily cost assessment to counties shall be
$259 $270 for care in
22a Type 1 juvenile correctional facility, as defined in s. 938.02 (19),
$259 $270 for care
23for juveniles transferred from a juvenile correctional institution under s. 51.35 (3),
24$277 $294 for care in a residential care center for children and youth,
$165 $190 for
25care in a group home for children,
$67 $72 for care in a foster home,
$132 $126 for
1care in a treatment foster home,
$99 $101 for departmental corrective sanctions
2services, and
$35 $40 for departmental aftercare services.
AB75, s. 2676
3Section
2676
. 301.26 (4) (d) 2. of the statutes, as affected by 2009 Wisconsin
4Act .... (this act), is amended to read:
AB75,1384,125
301.26
(4) (d) 2. Beginning on
July 1, 2009 January 1, 2010, and ending on June
630, 2010, the per person daily cost assessment to counties shall be $270 for care in
7a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $270 for care for
8juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $294
9for care in a residential care center for children and youth, $190 for care in a group
10home for children, $72 for care in a foster home, $126 for care in a treatment foster
11home
under rules promulgated under s. 48.62 (8) (c), $101 for departmental
12corrective sanctions services, and $40 for departmental aftercare services.
AB75, s. 2677
13Section
2677. 301.26 (4) (d) 3. of the statutes is amended to read:
AB75,1384,2114
301.26
(4) (d) 3. Beginning on July 1,
2008 2010, and ending on June 30,
2009 152011, the per person daily cost assessment to counties shall be
$268 $275 for care in
16a Type 1 juvenile correctional facility, as defined in s. 938.02 (19),
$268 $275 for care
17for juveniles transferred from a juvenile correctional institution under s. 51.35 (3),
18$296 $309 for care in a residential care center for children and youth,
$172 $200 for
19care in a group home for children,
$74 $75 for care in a foster home,
$145 $132 for
20care in a treatment foster home,
$101 $103 for departmental corrective sanctions
21services, and
$37 $41 for departmental aftercare services.
AB75, s. 2678
22Section
2678
. 301.26 (4) (d) 3. of the statutes, as affected by 2009 Wisconsin
23Act .... (this act), is amended to read:
AB75,1385,624
301.26
(4) (d) 3. Beginning on July 1, 2010, and ending on June 30, 2011, the
25per person daily cost assessment to counties shall be $275 for care in a Type 1
1juvenile correctional facility, as defined in s. 938.02 (19), $275 for care for juveniles
2transferred from a juvenile correctional institution under s. 51.35 (3), $309 for care
3in a residential care center for children and youth, $200 for care in a group home for
4children, $75 for care in a foster home, $132 for care in a treatment foster home
under
5rules promulgated under s. 48.62 (8) (c), $103 for departmental corrective sanctions
6services, and $41 for departmental aftercare services.
AB75, s. 2679
7Section
2679. 301.26 (4) (e) of the statutes is amended to read:
AB75,1385,128
301.26
(4) (e) For foster care,
treatment foster care, group home care
, and
9institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and
10(14)
, and 938.52 all payments and deductions made under this subsection and
11uniform fee collections under s. 301.03 (18) shall be credited to the appropriation
12account under s. 20.410 (3) (ho).
AB75, s. 2680
13Section
2680. 301.26 (4) (ed) of the statutes is amended to read:
AB75,1385,1714
301.26
(4) (ed) For foster care,
treatment foster care, group home care
, and
15institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48
16(4) and (14)
, and 938.52 all uniform fee collections under s. 301.03 (18) shall be
17credited to the appropriation account under s. 20.410 (3) (ho).
AB75, s. 2681
18Section
2681. 301.26 (6) (a) of the statutes is amended to read:
AB75,1385,2219
301.26
(6) (a) The intent of this subsection is to develop criteria to assist the
20legislature in allocating funding, excluding funding for base allocations, from the
21appropriations under s. 20.410
(1) (kd) and (3) (cd) and (ko) for purposes described
22in this section.
AB75, s. 2682
23Section
2682. 301.26 (7) (intro.) of the statutes is amended to read:
AB75,1386,424
301.26
(7) Allocations of funds. (intro.) Within the limits of the availability
25of federal funds and of the appropriations under s. 20.410
(1) (kd) and (3) (cd) and
1(ko), the department shall allocate funds for community youth and family aids for the
2period beginning on July 1,
2007 2009, and ending on June 30,
2009 2011, as
3provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23
4as follows:
AB75, s. 2683
5Section
2683. 301.26 (7) (a) (intro.) of the statutes is amended to read:
AB75,1386,96
301.26
(7) (a) (intro.) For community youth and family aids under this section,
7amounts not to exceed
$49,395,100 $49,891,100 for the last 6 months of
2007,
8$99,790,200 for 2008 2009, $99,782,300 for 2010, and
$50,395,100 $49,891,200 for
9the first 6 months of
2009 2011.
AB75, s. 2684
10Section
2684. 301.26 (7) (b) (intro.) of the statutes is amended to read: