560.10 History
History: 1977 c. 418;
1979 c. 361 s.
105; Stats. 1979 s. 560.10.
560.11
560.11
Small business environmental council. 560.11(1)
(1) The small business environmental council shall do all of the following:
560.11(1)(a)
(a) Advise the department of natural resources concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program under
s. 285.79, difficulties encountered by small business stationary sources, as defined in
s. 285.79 (1), in complying with
s. 299.15 and
ch. 285 and the degree and severity of enforcement of
s. 299.15 and
ch. 285 against small business stationary sources.
560.11(1)(b)
(b) Periodically report to the department of natural resources and to the administrator of the federal environmental protection agency concerning the compliance of the state small business stationary source technical and environmental compliance assistance program with the federal paperwork reduction act,
44 USC 3501 to
3520, the federal regulatory flexibility act,
5 USC 601 to
612, and the federal equal access to justice act,
5 USC 504.
560.11(1)(c)
(c) Review information to be provided to small business stationary sources in connection with
s. 299.15 and
ch. 285 to ensure that the information can be understood by persons without technical training.
560.11(1)(d)
(d) Provide other advice, as directed by the secretary, related to assisting small businesses in complying with federal and state air pollution laws.
560.11(2)
(2) The employes of the department of commerce who staff the small business ombudsman clearinghouse under
s. 560.03 (9) and the employes of the department of natural resources who staff the small business stationary source technical and environmental compliance assistance program under
s. 285.79 shall provide the small business environmental council with the assistance necessary to comply with
sub. (1).
560.11 History
History: 1991 a. 302;
1995 a. 227.
560.12
560.12
Recycling rebate program. 560.12(1)(ad)
(ad) "Qualified property" means machinery or equipment that is used exclusively in the process of recycling.
560.12(1)(ag)
(ag) "Recycling" means the processing of recyclable material or the manufacture of products from recyclable material with or without treatment and excludes any form of energy recovery or composting.
560.12(1)(am)
(am) "Recycling enterprise" means a person who engages in recycling.
560.12(2)
(2) Department powers and duties. The department shall develop, implement and administer a recycling rebate program. The department shall develop criteria for reporting on and evaluating the program.
560.12(3)
(3) Purposes of recycling rebate program. The department shall develop the recycling rebate program to increase the recycling of recyclable material that is generated in this state by providing incentives to do all of the following:
560.12(3)(a)
(a) Use recyclable material generated in this state as a raw material.
560.12(3)(b)
(b) Establish and expand viable recycling enterprises in this state.
560.12(3)(c)
(c) Create new markets and expand or maintain existing markets for recyclable materials generated in this state.
560.12(4)
(4) Eligibility. A municipality or other public entity, sole proprietorship, association, partnership, limited liability company, corporation or nonprofit organization may apply for a recycling rebate if all of the following apply:
560.12(4)(b)
(b) It makes products or components using recyclable material generated in this state as a raw material or processes recyclable material generated in this state into a marketable form.
560.12(4)(d)
(d) It meets other eligibility requirements established by the department.
560.12(5)
(5) Rebates for qualified property. 560.12(5)(a)(a) Before July 1, 1995, the department shall pay recycling rebates to recycling enterprises for qualified property to be purchased by the recycling enterprise or, if already purchased, for which the recycling enterprise has executed a purchase order not more than 90 days before applying for the recycling rebate. The department shall pay recycling rebates for qualified property used to process types of recyclable materials selected by the department based on the state priorities established under s.
159.03 (1) (b), 1991 stats., in effect on January 1 of the year in which the department pays the rebate. The department may not pay recycling rebates under this subsection for qualified property used to process a recyclable material unless there is a market for the processed recyclable material.
560.12(5)(b)
(b) The department shall make a rebate under
par. (a) as a one-time payment in an amount established by the department that is not less than 5% nor more than 25% of the cost of the qualified property and that is based in part on the amount of solid waste used by the recycling enterprise that is generated in this state and, if the qualified property replaces equipment or machinery used to make products from solid waste, in part on the increase in the amount of solid waste used by the recycling enterprise. The total amount of rebates awarded to any one facility under this subsection may not exceed $250,000.
560.12(5)(c)
(c) In the period beginning on December 3, 1993, and ending on June 30, 1995, the department may not award more than $5,000,000 for rebates under this subsection.
560.12(6)(a)(a) The department shall identify types of recyclable materials for which it will pay recycling rebates based on the goals of the recycling rebate program and the state priorities established under s.
159.03 (1) (b), 1991 stats., in effect on January 1 of the year in which the department makes the selection. The department may provide that recycling rebates will be available for a recyclable material only in specified areas of this state. The department may not pay recycling rebates under this subsection for the processing of a recyclable material unless there is a market for the processed recyclable material.
560.12(6)(b)
(b) For each type of recyclable material identified under
par. (a), the department shall establish the rate of payment and the total amount of recycling rebates to be paid. The department shall base the rate of payment and the total amounts of recycling rebates for each type of recyclable material on the amount of money available to pay rebates and the determination by the department of the amount of rebates necessary to accomplish the purposes of the recycling rebate program and the state priorities established under s.
159.03 (1) (b), 1991 stats., in effect on January 1 of the year in which the department makes the determination.
560.12(6)(c)
(c) The department shall make a commitment to pay recycling rebates under this subsection for a period of up to 5 years subject to the availability of funds. The department shall develop criteria for selecting the applicants to receive recycling rebates if eligible applications for any type of recyclable material exceed the total amount set aside for that type of recyclable material under
par. (b). An applicant may be selected more than once to receive recycling rebates under this subsection. The department may establish a maximum payment to any applicant for a year.
560.12(6)(d)
(d) The department shall pay recycling rebates to each applicant selected to receive recycling rebates under this subsection.
560.12(6)(e)
(e) The department may not pay a recycling rebate under this subsection on or after July 1, 1995, unless the department made a commitment to an applicant before July 1, 1995, to pay the recycling rebate.
560.12(7)
(7) Application. The department shall, by rule, develop application procedures for the recycling rebate program. The application for a rebate shall show that the applicant satisfies the requirements of
sub. (4). The application for a rebate under
sub. (5) shall identify the qualified property and the facility in which it is or will be used, state the cost of the qualified property and include an estimate of the amount of recyclable material that is used or that will be used by the applicant and that is generated in this state and documentation to support the estimate. The application for a rebate under
sub. (6) shall include an estimate of the amount of recyclable material generated in this state that will be used by the applicant in the year for which the application is submitted.
560.14
560.14
Community-based economic development programs. 560.14(1)(a)
(a) "Applicable median household income" means the median family income for the county where the household is located, as determined annually by the U.S. department of housing and urban development.
560.14(1)(b)
(b) "Business incubator" means a person who operates an organization designed to encourage the growth of new businesses, if at least 2 of the following apply:
560.14(1)(b)1.
1. The organization rents space at a rate lower than the market rate in the community.
560.14(1)(b)3.
3. The organization makes available management and technical assistance.
560.14(1)(b)4.
4. Businesses using the organization may obtain financial capital through a direct relationship with at least one financial institution.
560.14(1)(c)
(c) "Community-based organization" means an organization that is involved in economic development and helps businesses that are likely to employ persons.
560.14(1)(f)
(f) "Political subdivision" means a county, city, village or town.
560.14(1)(h)
(h) "Technology-based incubator" means a facility that provides a new or expanding technically oriented business with all of the following:
560.14(2)(a)(a) The department may make a grant to a community-based organization or a political subdivision from the appropriation under
s. 20.143 (1) (fg) to do any of the following:
560.14(2)(a)1.
1. Enable a political subdivision receiving a grant to develop a plan for diversifying its economy.
560.14(2)(a)2.
2. Enable a community-based organization receiving a grant to provide assistance to businesses or entrepreneurs, if the department determines that the entrepreneur or business will provide jobs.
560.14(2)(a)3.
3. Enable a community-based organization receiving a grant to conduct a local economic development project.
560.14(2)(c)
(c) An individual grant under this subsection may not exceed whichever of the following applies:
560.14(2)(d)
(d) A grant under this subsection to a political subdivision or community-based organization may not exceed 75% of the total cost of the project for which the grant is made, unless the department determines that the area where the funds will be used is in extreme financial hardship. The department may consider in-kind contributions when determining the total cost of a project under this paragraph.
560.14(3)(a)(a) The department may make grants from the appropriation under
s. 20.143 (1) (fg) to a community-based organization to fund any of the following:
560.14(3)(a)1.
1. The operation of an existing business incubator or technology-based incubator.
560.14(3)(a)2.
2. Technical assistance in the process of starting a business incubator or technology-based incubator, including a feasibility study of the need for and the initial design of the incubator.
560.14(3)(a)3.
3. Starting, expanding or rehabilitating a business incubator or technology-based incubator.
560.14(3)(a)4.
4. The creation of a revolving loan fund for tenants of a business incubator or technology-based incubator.
560.14(3)(b)
(b) The department may not make a grant under this subsection unless all of the following apply:
560.14(3)(b)3.
3. The total amount of grants under this subsection to a community-based organization do not exceed 50% of the total cost of the project for which the grants are made, unless the department determines that the area where the funds will be used is in extreme financial hardship. The department may consider in-kind contributions when determining the total cost of a project under this subdivision.
560.14(3)(b)5.
5. The community-based organization receiving the grant provides a written policy relating to how stable, maturing businesses in the business incubator or technology-based incubator will establish themselves outside of the incubator within a reasonable period of time.
560.14(3)(c)
(c) In making a grant under this subsection, the department shall consider all of the following:
560.14(3)(c)1.
1. The potential of the business incubator or technology-based incubator to help start businesses.
560.14(3)(c)2.
2. The potential of the business incubator or technology-based incubator to provide employment opportunities.
560.14(3)(c)3.
3. How the unemployment rate in the area in which the business incubator or technology-based incubator is or will be located compares to the state average.
560.14(3)(c)4.
4. How the household income levels of persons residing in the area in which the business incubator or technology-based incubator is or will be located compare to the applicable median household income.
560.14(3)(c)5.
5. How the assessed value of real property in the most recent assessment in the area in which the business incubator or technology-based incubator is or will be located compares to the assessed value of that property in the assessment 2 years before the most recent assessment.
560.14(3)(c)6.
6. How the percentage of households receiving aid to families with dependent children under
s. 49.19 in the area in which the business incubator or technology-based incubator is or will be located compares to the percentage of households receiving aid to families with dependent children in the state.
560.14(3)(c)7.
7. The percentage of members of the workforce in a city, village or town in the area in which the business incubator or technology-based incubator is or will be located that were permanently laid off by their employer in the 18 months immediately preceding the application.
560.14(3)(c)8.
8. Whether the business incubator or technology-based incubator is or will be located in an area that has been designated as a development zone under
s. 560.71, a development opportunity zone under
s. 560.795 or an enterprise development zone under
s. 560.797.
560.14(3)(d)1.1. The proceeds of a grant under
par. (a) 1. or
3. may be used to defray salaries, fringe benefits and other personnel, administrative and operating costs of the business incubator or technology-based incubator.
560.14(3)(d)2.
2. The proceeds of a grant under
par. (a) 2. or
3. may be used to fund those salaries, fringe benefits and other personnel, administrative and operating costs of the community-based organization that are directly related to starting, expanding or rehabilitating a business incubator or technology-based incubator.
560.14(3)(e)
(e) Grants under this subsection may not exceed whichever of the following applies:
560.14(3)(f)
(f) The department may not do any of the following:
560.14(3)(f)1.
1. Make grants under
par. (a) 1. to fund the operation of a particular business incubator or technology-based incubator in more than 5 years.
560.14(3)(f)2.
2. Make more than 2 grants under
par. (a) 2. for a particular business incubator or technology-based incubator.
