SB21: Bill Text

SB21,4196 Section 4196. 281.69 (6) of the statutes is repealed.

SB21,4197 Section 4197. 281.70 (4) (a) 3. of the statutes is amended to read:

SB21,1579,21 281.70 (4) (a) 3. Nonprofit conservation organizations, as defined in s. 23.0955 (1) 23.09 (20m) (a) 3.

SB21,4198 Section 4198. 281.72 of the statutes is repealed.

SB21,4199 Section 4199. 281.75 (4) (b) 3. of the statutes is amended to read:

SB21,1579,25 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 36, 231, 233, 234, 235, or 237, or 238.

SB21,4200 Section 4200. Subchapter VII (title) of chapter 281 [precedes 281.81] of the statutes is amended to read:

SB21,1580,3 CHAPTER 281

SB21,1580,4 SUBCHAPTER VII

SB21,1580,5 GREAT LAKES REMEDIAL ACTION

SB21,4201 Section 4201. 281.87 of the statutes is amended to read:

SB21,1580,13 281.87 Great Lakes contaminated Contaminated sediment removal. The department may expend funds from the appropriation under s. 20.866 (2) (ti) to pay a portion of the costs of a project to remove contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior any waters of the state, if the project is in an impaired water body that the department has identified under 33 USC 1313 (d) (1) (A) and the source of the impairment is contaminated sediment.

SB21,4202 Section 4202. 281.96 of the statutes is amended to read:

SB21,1580,25 281.96 Visitorial powers of department. Every owner of an industrial establishment shall furnish to the department all information required by it in the discharge of its duties under subch. II, except s. 281.17 (6) and (7). Any member of the natural resources board or any employee of the department may enter any industrial establishment for the purpose of collecting such information, and no owner of an industrial establishment shall refuse to admit such member or an employee of the department. The department shall make such inspections at frequent intervals. The secretary and all members of the board shall have has power for all purposes falling within the department's jurisdiction to administer oaths, issue subpoenas, and compel the attendance of witnesses and the production of necessary or essential data.

SB21,4203 Section 4203. 283.35 (1m) (c) of the statutes is repealed.

SB21,4204 Section 4204. 285.11 (6) (intro.) of the statutes is amended to read:

SB21,1581,12 285.11 (6) (intro.) Prepare and develop one or more comprehensive plans for the prevention, abatement, and control of air pollution in this state. The department thereafter shall be responsible for the revision and implementation of the plans. The rules or control strategies submitted to the federal environmental protection agency under the federal clean air act for control of atmospheric ozone shall conform with the federal clean air act unless, based on the recommendation of the natural resources board secretary or the head of the department, as defined in s. 15.01 (8), of any other department, as defined in s. 15.01 (5), that promulgates a rule or establishes a control strategy, the governor determines that measures beyond those required by the federal clean air act meet any of the following criteria:

SB21,4205 Section 4205. 285.59 (1) (b) of the statutes is amended to read:

SB21,1581,23 285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin System Authority, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, and the Wisconsin Health and Educational Facilities Authority.

SB21,4206 Section 4206. 285.85 (1) of the statutes is amended to read:

SB21,1582,8 285.85 (1) If the secretary finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, he or she shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants, and such order shall fix a place and time, not later than 24 hours thereafter, for a hearing to be held before the department. Not more than 24 hours after the commencement of such hearing, and without adjournment thereof, the natural resources board department shall affirm, modify, or set aside the order of the secretary.

SB21,4207 Section 4207. 287.03 (1) (c) of the statutes is amended to read:

SB21,1582,12 287.03 (1) (c) Coordinate research, technical assistance and education programs under this chapter with related activities of the University of Wisconsin System Authority.

SB21,4208 Section 4208. 287.22 (2) (d) of the statutes is amended to read:

SB21,1582,16 287.22 (2) (d) Advise the department and the University of Wisconsin System Authority concerning educational efforts and research related to solid waste reduction, recovery and recycling.

SB21,4209 Section 4209. 289.68 (7) of the statutes is amended to read:

SB21,1582,22 289.68 (7) Report on waste management fund. With its biennial budget request to the department of administration under s. 16.42, the natural resources board department shall include a report on the fiscal status of the waste management fund and an estimate of the receipts by and expenditures from the fund in the current fiscal year and in the future.

SB21,4210 Section 4210. 292.11 (7) (d) 1m. b. of the statutes is amended to read:

SB21,1583,2 292.11 (7) (d) 1m. b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 238.13 235.13 (1) (a).

SB21,4211 Section 4211. 292.255 of the statutes is amended to read:

SB21,1583,8 292.255 Report on brownfield efforts. The department of natural resources, the department of administration, and the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 238.13 235.13 (1) (a).

SB21,4212 Section 4212. 292.63 (3) (a) (intro.) of the statutes is amended to read:

SB21,1583,16 292.63 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ac), (ae), (ah), (am) and (ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

SB21,4213 Section 4213. 292.63 (3) (ac) of the statutes is created to read:

SB21,1583,21 292.63 (3) (ac) Sunset. 1. An owner or operator or person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge if the owner or operator or person does not provide notification under par. (a) 3. concerning the discharge before February 3, 2015.

SB21,1583,24 2. An owner or operator or person owning a home oil tank system is not eligible for an award under this section if the owner or operator or person does not submit a claim for the costs before July 1, 2017.

SB21,4214 Section 4214. 292.63 (4) (cc) 2. b. of the statutes is amended to read:

SB21,1584,4 292.63 (4) (cc) 2. b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 238.13 235.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

SB21,4215 Section 4215. 293.49 (1) (a) of the statutes is amended to read:

SB21,1584,8 293.49 (1) (a) Except as provided in sub. (2) and s. 293.50 and except with respect to property specified in s. 41.41 23.0927 (11), within 90 days of the completion of the public hearing record, the department shall issue the mining permit if it finds:

SB21,4216 Section 4216. 295.58 (1) (a) of the statutes is amended to read:

SB21,1584,12 295.58 (1) (a) Except as provided in sub. (2) and except with respect to property specified in s. 41.41 23.0927 (11), the department shall issue a mining permit if it finds all of the following:

SB21,4217 Section 4217. 299.13 (1) (be) of the statutes is repealed.

SB21,4218 Section 4218. 299.13 (1m) (intro.) of the statutes is amended to read:

SB21,1584,17 299.13 (1m) Promotion of pollution prevention. (intro.) In carrying out the duties under this section and s. 36.25 (30), the department and the center shall promote all of the following techniques for pollution prevention:

SB21,4219 Section 4219. 299.13 (2) (a) 2. of the statutes is repealed.

SB21,4220 Section 4220. 299.13 (2) (c) of the statutes is repealed.

SB21,4221 Section 4221. 301.01 (1n) of the statutes is created to read:

SB21,1584,24 301.01 (1n) "Juvenile correctional services" means services provided for a juvenile who is being held in a juvenile detention facility or who is under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n) (a), or 938.357 (4).

SB21,4222 Section 4222. 301.01 (1n) of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1585,6 301.01 (1n) "Juvenile correctional services" means services provided for a juvenile who is being held in a juvenile detention facility or who is under the supervision of the department under s. 938.183, 938.34 (4h), (4m), or (4n) (a), or 938.357 (4).

SB21,4223 Section 4223 . 301.025 of the statutes is amended to read:

SB21,1585,12 301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, and the serious juvenile offender program under s. 938.538, and youth aids.

SB21,4224 Section 4224 . 301.025 of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1585,19 301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, community supervision under s. 938.538, and the serious juvenile offender program under s. 938.538.

SB21,4225 Section 4225. 301.03 (5h) of the statutes is amended to read:

SB21,1585,24 301.03 (5h) Develop, with the assistance of the office division of state employment relations personnel management in the department of administration, a policy for staff assignments that shall consider an employee's seniority when assigning shifts.

SB21,4226 Section 4226 . 301.03 (9) of the statutes is amended to read:

SB21,1586,5 301.03 (9) Supervise all persons placed under s. 938.183 in a state prison, all persons placed under s. 938.34 (4h) in the serious juvenile offender program, all persons placed in a juvenile correctional facility or a secured residential treatment center for children and youth under s. 938.34 (4m) or 938.357 (4), and all persons placed on departmental aftercare under s. 938.34 (4n) (a) or 938.357 (4).

SB21,4227 Section 4227 . 301.03 (9) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1586,12 301.03 (9) Supervise all persons placed under s. 938.183 in a state prison, all persons placed under s. 938.34 (4h) in the serious juvenile offender program, all persons placed in a juvenile correctional facility or a secured residential treatment center for children and youth under s. 938.34 (4m) or 938.357 (4), and all persons placed on departmental aftercare under s. 938.34 (4n) (a) or 938.357 (4).

SB21,4228 Section 4228. 301.03 (9r) of the statutes is repealed.

SB21,4229 Section 4229. 301.03 (10) (a) of the statutes is amended to read:

SB21,1586,16 301.03 (10) (a) Execute the laws relating to the detention, reformation, and correction of delinquents delinquent juveniles placed under its jurisdiction.

SB21,4230 Section 4230. 301.03 (10) (b) of the statutes is amended to read:

SB21,1586,21 301.03 (10) (b) Direct the aftercare of and supervise all delinquents Supervise all juveniles under its jurisdiction who have been adjudicated delinquent and exercise such functions as it deems the department considers appropriate for the prevention of delinquency.

SB21,4231 Section 4231. 301.03 (10) (c) of the statutes is amended to read:

SB21,1587,7 301.03 (10) (c) Promote the enforcement of laws for the protection of delinquent children juveniles under its jurisdiction. To this end, the department shall cooperate with courts assigned to exercise jurisdiction under chs. 48 and 938, the department of children and families, county departments under ss. 46.215, 46.22, and 46.23 and, licensed child welfare agencies, and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent children juveniles under its jurisdiction. The department shall also establish and enforce standards for the development and delivery of services provided by the department under ch. 938 in regard to juveniles who have been adjudicated delinquent and placed under the jurisdiction of the department.

SB21,4232 Section 4232. 301.03 (10) (d) of the statutes is amended to read:

SB21,1587,13 301.03 (10) (d) Administer the office of juvenile offender review in the division of juvenile corrections in the department. The office shall be responsible for decisions regarding case planning and the release of juvenile offenders from juvenile correctional facilities or secured residential care centers for children and youth to aftercare or community supervision placements.

SB21,4233 Section 4233. 301.03 (18) (a) of the statutes is amended to read:

SB21,1587,23 301.03 (18) (a) Except as provided in s. 301.12 (14) (b) and (c), establish a uniform system of fees for juvenile delinquency-related services provided or purchased correctional services purchased or provided by the department or a county department under s. 46.215, 46.22, or 46.23, except for services provided to courts; outreach, information and referral services; or when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, or 46.23 shall apply the fees that it collects under this program to cover the cost of those services.

SB21,4234 Section 4234. 301.03 (18) (am) of the statutes is renumbered 49.32 (1) (ap).

SB21,4235 Section 4235. 301.03 (18) (b) of the statutes is amended to read:

SB21,1588,8 301.03 (18) (b) Except as provided in s. 301.12 (14) (b) and (c), hold liable for the services purchased or provided or purchased under par. (a) in the amount of the fee established under par. (a) any person receiving those services or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption.

SB21,4236 Section 4236. 301.031 (1) (a) of the statutes is amended to read:

SB21,1588,12 301.031 (1) (a) Each county department under s. 46.215, 46.22, or 46.23 shall submit to the department by December 31 annually its final budget for juvenile correctional services purchased or directly provided or purchased.

SB21,4237 Section 4237. 301.031 (2) of the statutes is amended to read:

SB21,1588,18 301.031 (2) Assessment of needs. Before developing and submitting a proposed budget for juvenile correctional services to the county executive or county administrator or the county board, the county departments listed in sub. (1) shall assess needs and inventory resources and services, using an open public participation process.

SB21,4238 Section 4238. 301.031 (2g) (a) of the statutes is amended to read:

SB21,1589,9 301.031 (2g) (a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds for juvenile correctional services and such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.

SB21,4239 Section 4239. 301.031 (2g) (b) of the statutes is amended to read:

SB21,1589,17 301.031 (2g) (b) The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may appropriate funds for juvenile delinquency-related correctional services. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department, and shall comply with standards guaranteeing quality of care comparable to similar facilities.

SB21,4240 Section 4240. 301.031 (2g) (c) of the statutes is amended to read:

SB21,1589,22 301.031 (2g) (c) The joint committee on finance may require the department to submit contracts between county departments under ss. 46.215, 46.22 , and 46.23 and providers of service juvenile correctional services to the committee for review and approval.