560.10(3)
(3) The department shall administer this section and make loans for the purpose provided under
sub. (2) to regional or local corporations. The department may determine the terms and conditions of any such loan, and may charge interest on such loans lower than the going market rate.
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.
560.13
560.13
Brownfields grant program. 560.13(1)(a)
(a) "Brownfields" means abandoned, idle or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.
560.13(1)(b)
(b) "Brownfields redevelopment" means any work or undertaking by a person, municipality or local development corporation to acquire a brownfields facility or site and to raze, demolish, remove, reconstruct, renovate or rehabilitate the facility or existing buildings, structures or other improvements at the site for the purpose of promoting the use of the facility or site for commercial, industrial or other purposes. "Brownfields redevelopment" does not include construction of new facilities on the site for any purpose other than environmental remediation activities.
560.13(1)(d)
(d) "Environmental remediation activities" means investigation, analysis and monitoring of a brownfields facility or site to determine the existence and extent of actual or potential environmental pollution; abating, removing or containing environmental pollution at a brownfields facility or site; or restoring soil or groundwater at a brownfields facility or site.
560.13(1)(e)
(e) "Local development corporation" means a nonprofit corporation organized under
ch. 181 that does all of the following:
560.13(1)(e)2.
2. Promotes economic development within the specific geographic area.
560.13(1)(e)3.
3. Demonstrates a commitment to or experience in the redevelopment of brownfields.
560.13(1)(f)
(f) "Municipality" means a city, village, town or county.
560.13(1)(g)
(g) "Person" means an individual, partnership, corporation or limited liability company.
560.13(2)(a)(a) Subject to
subs. (4) and
(5), from the appropriations under
s. 20.143 (1) (br) and
(qm) the department may make a grant to a person, municipality or local development corporation if all of the following apply:
560.13(2)(a)1.
1. The recipient uses the grant proceeds for brownfields redevelopment or associated environmental remediation activities.
560.13(2)(a)2.
2. All of the following are unknown, cannot be located or are financially unable to pay the cost of brownfields redevelopment or associated environmental remediation activities:
560.13(2)(a)2.a.
a. The party that caused the portion of the environmental contamination that is the basis for the grant request.
560.13(2)(a)2.b.
b. Any person who possessed or controlled the environmental contaminant that is the basis for the grant request before the contaminant was released.
560.13(2)(a)3.
3. The recipient contributes to the cost of the project as provided in
par. (b).
560.13(2)(b)1.1. The contribution required under
par. (a) 3. may be in cash or in-kind. Cash contributions may be of private or public funds, excluding funds obtained under the program under
s. 560.17 or under any program under
subch. V or
VII of this chapter. In-kind contributions shall be limited to actual remediation services.
560.13(2)(b)2.
2. For a grant that does not exceed $300,000, the recipient shall be required to contribute not less than 20% of the cost of the project. For a grant that is greater than $300,000 but that does not exceed $700,000, the recipient shall be required to contribute not less than 35% of the cost of the project. For a grant that is greater than $700,000 but that does not exceed $1,250,000, the recipient shall be required to contribute not less than 50% of the cost of the project.
560.13(3)(a)(a) The department shall award grants under this section on the basis of the following criteria:
560.13(3)(a)1.
1. The potential of the project to promote economic development in the area.
560.13(3)(a)2.
2. Whether the project will have a positive effect on the environment.
560.13(3)(a)3.
3. The amount and quality of the recipient's contribution to the project.
560.13(3)(a)4.
4. The innovativeness of the recipient's proposal for remediation and redevelopment.
560.13(3)(b)
(b) If possible, when making a determination under
par. (a), the department shall accord a 50% weight to the criterion under
par. (a) 1., a 25% weight to the criterion under
par. (a) 2., a 15% weight to the criterion under
par. (a) 3. and a 10% weight to the criterion under
par. (a) 4.
560.13(4)(a)(a) From the appropriations under
s. 20.143 (1) (br) and
(qm) in fiscal year 1997-98, and from the appropriation under
s. 20.143 (1) (qm) in fiscal year 1998-99, the department shall award all of the following in each of those fiscal years:
560.13(4)(a)1.
1. A total of $750,000 in grants that do not exceed $300,000.
560.13(4)(a)2.
2. A total of $1,750,000 in grants that are greater than $300,000 but that do not exceed $700,000.
560.13(4)(a)3.
3. A total of $2,500,000 in grants that are greater than $700,000 but that do not exceed $1,250,000.
560.13(4)(b)
(b) The department may not award a grant that exceeds $1,250,000.
560.13(4)(c)
(c) The department shall award at least 7 grants for projects that are located in municipalities with a population of less than 30,000.
560.13(5)
(5) Before the department awards a grant under this section, the department shall consider the recommendations of the department of administration and the department of natural resources.
560.13(6)
(6) The department shall promulgate rules that establish criteria, within the guidelines under
subs. (2) and
(3), for awarding grants under this section, including the circumstances under which grant proceeds may be used for assessment services.
560.13(7)
(7) On or before December 31, 1998, and annually thereafter, the department shall submit a report on the effectiveness of the program under this section to the legislature under
s. 13.172 (2) and to the governor and the department of administration.
560.13 History
History: 1997 a. 27.
560.135
560.135
Mining economic development grants and loans. 560.135(1)(a)
(a) "Area affected by mining" means an area in which all of the following apply:
560.135(1)(a)1.
1. Public and private infrastructure are or were provided to support mining activity.
560.135(1)(a)2.
2. Public funds are or were expended for costs associated with mining activity.
560.135(1)(a)3.
3. Construction of a mine has commenced and economic diversification is necessary to reduce dependence on mining activity for the long-term economic growth and stability of the area.
560.135(1)(e)
(e) "Local development corporation" means any of the following:
560.135(1)(e)1.
1. The elected governing body of a federally recognized American Indian tribe or band in this state or any business created by the elected governing body.
560.135(1)(e)2.
2. A nonprofit corporation organized under
ch. 181 that does all of the following:
