Under current law, DWD is authorized to enter into contracts to provide
employment skills services to individuals with developmental disabilities under the
Project SEARCH program. The program is currently operated by the Cincinnati
Children's Hospital, and DWD administers the program for residents of this state.
The bill changes the source of funding for the program to a dedicated appropriation
in DWD. The bill also specifically authorizes DWD to engage in a number of activities
related to the Project SEARCH program.
Hire Heroes program
Under current law, DWD administers the Hire Heroes program, which provides
transitional jobs to veterans and reimburses employers of veterans for wages and
other related costs. In order for a veteran to be eligible to participate in the program,
he or she must be a DVA-certified veteran, be at least 18 years old, be ineligible to
participate in the Wisconsin Works program, be unemployed for at least four weeks,
and satisfy any applicable substance abuse screening, testing, and treatment.
Prospective program participants must also submit an application to the program no
later than seven years after the date of discharge from military service. The bill
removes the seven-year limit on when veterans may submit an application to the
program.
Modification to employment transit assistance program
Under current law, DWD is required to administer an employment transit
assistance program to address the deficiency in access to employment locations for
workers and persons seeking employment. Current law limits funding under the
program to projects in outlying suburban and sparsely populated and developed
areas that are not adequately served by a mass transit system. The bill removes
those geographic restrictions.
Penalties for uninsured employers
Under current law, DWD is required to assess an administrative penalty
against an employer who requires an employee to pay for any part of worker's
compensation insurance or who fails to provide mandatory worker's compensation
insurance coverage. If the employer violates those requirements, for the first 10
days, the penalty under current law is not less than $100 and not more than $1,000
for such a violation. If the employer violates those requirements for more than 10
days, the penalty under current law is not less than $10 and not more than $100 for
each day of such a violation.
The bill provides that the penalty for violations occurring after the second such
violation is $3,000 per violation, or three times the amount of the insurance premium
that would have been payable, whichever is greater. The bill also provides that the
penalty for violations occurring after the third such violation is $4,000 per violation,
or four times the amount of the insurance premium that would have been payable,
whichever is greater.
Also under current law, if an employer who is required to provide worker's
compensation insurance coverage provides false information about the coverage to
his or her employees or contractors who request information about the coverage, or
who fails to notify a person who contracts with the employer that the coverage has
been canceled in relation to the contract, DWD is required to assess a penalty of not
less than $100 and not more than $1,000 for each such violation.
The bill provides that the penalty for violations occurring after the third such
violation is $3,000 per violation, and $4,000 for violations occurring after the fourth
such violation.
Substantial fault
Currently, under the worker's compensation law, an employer is not liable for
temporary disability benefits during an employee's healing period if the employee is
suspended or terminated from employment due to substantial fault by the employee
connected with the employee's work. With certain exceptions, current law defines
“substantial fault” to include those acts or omissions of an employee over which the
claimant exercised reasonable control and that violate reasonable requirements of
the claimant's employer. The bill repeals this provision on substantial fault.
Electronic transmission of records and payments
Under current law, in actions regarding worker's compensation claims, most
information, forms, and documents must be mailed using the U.S. mail or provided
in-person. The bill allows DWD, the Division of Hearings and Appeals in DOA, and
the Labor and Industry Review Commission to send certain information, forms,
notices, and documents regarding worker's compensation actions electronically,
rather than exclusively by U.S. mail, including information regarding all of the
following: hearings, findings and awards, preference for claims under bankruptcy,
employer penalties, hazardous exposure, levies for delinquent payments, and
citations. Under the bill, DWD, DHA, and LIRC must get consent to provide the
information, forms, notices, and documents electronically.
Also, the bill requires payments for worker's compensation awards to be made
by direct deposit or electronic funds transfer unless the claimant cannot receive
payments electronically, does not want to receive the payment electronically, or if the
insurer, self-insured employer, or third-party payer is not able to issue payments
electronically.
Administration and finance
Equal rights hearings
Under current law, when DWD holds a complaint hearing regarding an alleged
open housing violation, alleged discrimination in a public place of accommodation or
amusement, or alleged discrimination, unfair honesty testing, or unfair genetic
testing, DWD is required to hold the hearing in the county in which the violation is
alleged to have occurred. The bill removes the requirement that such hearings be
held in the county in which the violation is alleged to have occurred, and requires
DWD to designate the place of hearing, which may include a remote, web-based, or
in-person hearing in a location accessible and in proximity to the parties.
Fees for work permits for minors
Under current law, a portion of fees collected by local permit officers for work
permits for minors is forwarded to DWD. A portion of the fees collected by or
forwarded to DWD for these permits is appropriated to DWD, and a portion of those
fees is deposited into the general fund and is available for general purpose revenue.
The bill credits the entire amount of fees collected by or forwarded to DWD to the
appropriation account for the permit system for employment of minors.
Youth apprenticeship funding
Under current law, DWD is authorized to provide a youth apprenticeship
program and may award grants to local partnerships for the implementation and
coordination of local youth apprenticeship programs. Current law requires DWD to
fund the development of youth apprenticeship program curricula from its general
program operations appropriation. The bill permits the funding of youth
apprenticeship program curricula development from any allowable source.
Worker's compensation uninsured employers fund
DWD administers the worker's compensation program in this state. Employers
are required to have worker's compensation insurance or to self-insure. The
program includes an uninsured employers fund (UEF), which is used to pay worker's
compensation benefits on claims filed by employees who are injured while working
for uninsured employers in this state. The money for the UEF comes from, among
various sources, penalties assessed against uninsured employers. The bill changes
the appropriation for the UEF from a sum sufficient appropriation to a continuing
appropriation.
Reimbursements for supplemental worker's compensation benefits
Under current law, worker's compensation insurers are required to pay
supplemental benefits to certain employees who were permanently disabled by an
injury that is compensable under worker's compensation.
DWD is authorized to collect up to $5,000,000 from insurers that provide
worker's compensation insurance to provide those supplemental benefits. This
money must be used exclusively to provide reimbursements to insurers that pay
those supplemental benefits and that request reimbursements. The bill creates a
new, separate appropriation in the worker's compensation operations fund, to be
used exclusively to provide these reimbursements. The bill does not increase
revenue to DWD or collections from insurers.
Unemployment insurance; appropriation for administration
The bill creates an appropriation that provides general purpose revenue
funding to DWD for administration of the unemployment insurance program.
Unemployment insurance; appropriations for renovation and
modernization
The bill creates appropriations to provide general purpose revenue and federal
funding to DWD for the renovation and modernization of unemployment insurance
information technology systems.
ENVIRONMENT
Water quality
PFAS standards
The bill requires DNR to establish and enforce various standards for per- and
poly-fluoroalkyl substances (PFAS). The PFAS group of substances includes several
thousand chemicals; two of the most well known are perfluorooctanoic acid (PFOA)
and perfluorooctane sulfonic acid (PFOS).
The bill requires DNR to establish, by rule, acceptable levels and standards,
monitoring requirements, and required response actions for any PFAS in drinking
water, groundwater, surface water, air, solid waste, beds of navigable waters, and soil
and sediment, if the department determines that the substance may be harmful to
human health or the environment. These rules must cover, at a minimum, PFOA and
PFOS, as well as perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid
(PFNA), and perfluorobutane sulfonic acid (PFBS).
The bill also requires DNR to establish air emission standards for PFAS to
provide adequate protection for public health and welfare, taking into account
energy, economic, and environmental impacts and other costs related to the emission
source.
Under current law, DNR maintains a list of substances that have a reasonable
probability of entering the groundwater resources of the state and that are shown to
involve public health concerns. Under the bill, DNR is required to add to this list
PFOA, PFOS, PFHxS, PFNA, PFBS, and all other PFAS that have a reasonable
probability of entering the groundwater resources of the state and that are shown to
involve public health concerns. Under current law, DHS recommends enforcement
standards for substances on this list, which DNR then proposes as DNR rules in its
rule-making process. Until DNR establishes such rules, the bill requires DNR to
apply any DHS-recommended groundwater enforcement standard for any PFAS as
an interim standard for groundwater and as an interim maximum contaminant level
for drinking water.
The bill also provides that DNR may, if it determines doing so is necessary to
protect human health or the environment, require a person who possesses or controls
PFAS to provide proof of financial responsibility for remediation and long-term care
to address contamination by a potential discharge of PFAS or environmental
pollution that may be caused by a discharge of PFAS.
In addition, the bill requires DNR to set criteria for certifying laboratories to
test for PFAS, and to certify laboratories that meet these criteria. Before these
criteria are set, the bill allows DNR to require testing for PFAS to be done according
to nationally recognized standards.
Finally, the bill requires a person who generates solid or hazardous waste at a
site or facility under investigation by DNR to provide DNR with access to information
relating to any transportation to or treatment, storage, or disposal at another site,
facility, or location.
PFAS appropriations
The bill creates two new appropriations related to PFAS for the purposes of
sampling and testing public water supplies for PFAS and collecting and disposing of
PFAS-containing fire fighting foam.
PFAS rules
The bill allows DNR to promulgate emergency rules relating to the collection
and disposal of PFAS-containing fire fighting foam.
PFAS municipal grant program
The bill creates a municipal grant program, administered by DNR, to address
PFAS. Under the program, DNR must provide grants to cities, towns, villages,
counties, utility districts, lake protections districts, sewerage districts, and
municipal airports. DNR may award a grant only if the applicant tested or trained
with a PFAS-containing fire fighting foam in accordance with applicable state and
federal law, or if a third party tested or trained with PFAS-containing fire fighting
foam within the boundaries of the municipality; the applicant applied biosolids to
land under a water pollution permit issued by DNR; or PFAS are impacting the
applicant's drinking water supply or surface water or groundwater within the
municipality and the responsible party is unknown or is unwilling or unable to take
the necessary response actions.
Under the bill, grants provided under this program may be used to investigate
potential PFAS impacts in order to reduce or eliminate environmental
contamination; treat or dispose of PFAS-containing fire fighting foam containers;
sample a private water supply within three miles of a site or facility known to contain
PFAS or to have caused a PFAS discharge; provide a temporary emergency water
supply, a water treatment system, or bulk water to replace water contaminated with
PFAS; conduct emergency, interim, or remedial actions to mitigate, treat, dispose of,
or remove PFAS contamination; or remove or treat PFAS in public water systems in
areas where PFAS levels exceed the maximum contaminant level for PFAS in
drinking water or an enforcement standard for PFAS groundwater or in areas where
the state has issued a health advisory for PFAS.
An applicant that receives a grant under this program must contribute
matching funds equal to at least 20 percent of the amount of the grant. The applicant
must apply for a grant on a form prescribed by DNR and must include any
information that DNR finds is necessary to determine the eligibility of the project,
identify the funding requested, determine the priority of the project, and calculate
the amount of a grant. In awarding grants under this program, DNR must consider
the applicant's demonstrated commitment to performing and completing eligible
activities, including the applicant's financial commitment and ability to successfully
administer grants; the degree to which the project will have a positive impact on
public health and the environment; and any other criteria that DNR finds necessary
to prioritize the funds available for awarding grants.
Concentrated animal feeding operations
Under current law, a person who operates a concentrated animal feeding
operation (CAFO) must have a Wisconsin Pollutant Discharge Elimination System
(WPDES) permit from DNR. A CAFO is a livestock operation that contains at least
1,000 animal units, that discharges pollutants into a navigable water, or that
contaminates a well. Current law requires a CAFO operator with a WPDES permit
to pay an annual fee of $345 to DNR. The bill increases the amount of this annual
fee to $545. The bill also requires a CAFO operator applying for a new WPDES
permit to pay a $3,270 application fee.
Well compensation grant program
The bill makes changes to the well compensation grant program currently
administered by DNR.
Under current law, an individual owner or renter of a contaminated private well
may apply for a grant from DNR to cover a portion of the costs to treat the water,
reconstruct the well, construct a new well, connect to a public water supply, or fill and
seal the well. To be eligible for a grant, the well owner's or renter's annual family
income may not exceed $65,000. A grant awarded under the program may not cover
any portion of a project's eligible costs in excess of $16,000 and, of those costs, may
not exceed 75 percent of a project's eligible costs, meaning that a grant may not
exceed $12,000. In addition, if the well owner's or renter's annual family income
exceeds $45,000, the amount of the award is reduced by 30 percent of the amount by
which the annual family income exceeds $45,000.
The bill increases the family income limit to $100,000. In addition, under the
bill, a well owner or renter whose family income is below the state's median income
may receive a grant of up to 100 percent of a project's eligible costs, not to exceed
$16,000. The bill also eliminates the requirement to reduce an award by 30 percent
if the well owner's or renter's family income exceeds $45,000.
Under current law, a well that is contaminated only by nitrates is eligible for
a grant only if the well is a water supply for livestock, is used at least three months
in each year, and contains nitrates in excess of 40 parts per million. The bill
eliminates these restrictions for claims based on nitrates, and instead allows grants
to be issued for wells based on contamination by at least 10 parts per million of
nitrate nitrogen. The bill also allows grants to be issued for wells contaminated by
at least 10 parts per billion of arsenic.
Under current law, DNR must issue grants in the order in which completed
claims are received. Under the bill, if there are insufficient funds to pay claims, DNR
may, for claims based on nitrate contamination, prioritize claims that are based on
higher levels of nitrate contamination.
Lead service line replacement
Under current law, DOA and DNR administer the Safe Drinking Water Loan
Program (SDWLP), which provides financial assistance from the environmental
improvement program to municipalities, and to the private owners of community
water systems that serve municipalities, for projects that will help the municipality
comply with federal drinking water standards. DNR establishes a funding list for
SDWLP projects and DOA allocates funding for those projects.
The bill creates a general fund appropriation under the environmental
improvement program for projects involving forgivable loans to private users of
public water systems to cover not more than 50 percent of the cost to replace lead
service lines.
Well construction notification fee
Under current law, no person may construct a high capacity well, which is a well
with a capacity of more than 100,000 gallons per day, without prior approval of DNR
and payment of a $500 fee. Prior to construction of a well that is not a high-capacity
well, the owner of the property where the well is to be constructed must notify DNR
and pay a fee of $50. The bill increases the notification fee to $70.
Well construction variances application fee
Under current law, DNR regulates groundwater withdrawal. Administrative
rules promulgated by DNR establish requirements for the construction of wells and
provide that a person may request a variance from those rules if strict compliance
with the requirements is not feasible. DNR may determine whether a variance is
justified and may condition the issuance of a variance on additional construction
features to safeguard groundwater. The bill provides that DNR must collect a $100
fee from a person requesting a well construction variance.
Water stewardship certification
The bill creates a grant program for DATCP to provide grants to reimburse the
costs for agricultural producers to apply for a certification of water stewardship from
the Alliance for Water Stewardship. The grants must be made directly to the
producer, and may not be used to pay the costs of operational changes needed to
achieve certification.
Procedures under the clean water fund program and safe drinking water
loan program
The bill makes various changes to the process for applying for financial
assistance under the Clean Water Fund Program (CWFP) and the SDWLP. The
CWFP, which is administered by DNR, provides financial assistance to
municipalities for projects to control water pollution, such as sewage treatment
plants.
Under current law, a municipality that intends to apply for financial assistance
under either program must submit notice of its intent to apply to DNR at least six
months before the beginning of the fiscal year in which it will request to receive the
assistance. The bill eliminates the requirement to submit a notice of intent to apply
before applying.
Current law also requires an applicant for financial assistance under the
SDWLP to submit an engineering report as required by DNR by rule. The bill
changes this provision to allow DNR to determine, by rule, whether to require
submission of engineering reports. Under the bill, if an engineering report is
required by DNR, the applicant must submit the report either before or at the same
time as the application.
In addition, current law requires an applicant for financial assistance under
the SDWLP to submit the application on or before the June 30 before the fiscal year
in which the applicant wishes to receive funding, with certain exceptions. The bill
removes this requirement and instead requires DNR to provide, at least annually,
instructions for submitting applications, including the deadline for submittal, if any.
Finally, under the current SDWLP, if funding is allocated for a loan and the loan
is not closed before June 30 of the year following the year in which funding is
allocated, DOA must release the allocated funding. The bill repeals this provision.
Clean water fund program appropriation
The CWFP receives federal capitalization grants for a state revolving loan fund,
for which the state provides a 20 percent match. An appropriation under current law
provides a certain amount from the federal revolving loan fund account for general
operations of the CWFP. The bill changes this appropriation to provide all moneys
received from the federal revolving loan fund account for general operations of the
CWFP.
Environmental improvement fund revenue bonding limit
Current law authorizes the issuance of revenue bonds for the CWFP and the
SDWLP under the environmental improvement fund, but limits the principal
amount of those revenue bonds to $2,526,700,000. The bill increases that limit by
$385,000,000, to $2,911,700,000.
Bonding for nonpoint source water pollution abatement
Under current law, the state may contract up to $50,550,000 in public debt to
provide financial assistance for projects that control pollution that comes from
diffuse sources rather than a single concentrated discharge source in areas that
qualify as high priority due to water quality problems. The bill increases the bonding
authority for these projects by $6,500,000.
Bonding for Great Lakes contaminated sediment removal
Under current law, the state may contract up to $36,000,000 in public debt to
provide financial assistance for projects to remove contaminated sediment from Lake
Michigan or Lake Superior, or a tributary of Lake Michigan or Lake Superior, if DNR
has identified the body of water as being impaired by the sediment. The bill increases
the bonding authority for sediment removal projects by $25,000,000.
Bonding for urban storm water, flood control, and riparian restoration
Under current law, the state may contract up to $57,600,000 in public debt to
provide financial assistance for projects that manage urban storm water and runoff
and for flood control and riparian restoration projects. The bill increases the bonding
authority for these projects by $12,000,000 and allocates $8,000,000 of those
amounts in fiscal biennium 2021-23 for cost-sharing grants under the municipal
flood control and riparian restoration program administered by DNR under current
law. The program provides financial assistance to local units of government for
facilities and structures for the collection and transmission of storm water and
groundwater and for the floodproofing of public and private structures that remain
in the 100-year floodplain.
Storm water management
Under current law, a person may need to obtain a storm water discharge permit
from DNR, and pay a permit fee, in order to discharge storm water. Current law
appropriates money annually from the general fund for the administration,
including enforcement, of the storm water discharge permit program (storm water
permit appropriation). An annual appropriation is expendable only up to the amount
shown in the schedule and only for the fiscal year for which made. Storm water
permit fees collected by DNR are credited to the storm water permit appropriation.
The bill changes the storm water permit appropriation from an annual to a
continuing appropriation, which is an appropriation that is expendable until fully
depleted or repealed by subsequent action of the legislature. Under the bill, the
storm water permit appropriation is still funded by all moneys received from storm
water permit fees.
Hazardous substances and environmental cleanup
Elimination of the land recycling loan program
Under the environmental improvement fund, the state provides financial
assistance to local governmental units for certain projects. The environmental
improvement fund is made up of three programs: the CWFP; the SDWLP; and the
land recycling (brownfields) loan program, which provides financial assistance for
the investigation and remediation of certain contaminated properties.
The bill eliminates the land recycling loan program, which has not provided
loans since 2008. Under the bill, current law provisions continue to apply to any
outstanding loans under the program that are in repayment. The bill also requires
any unallocated balance of moneys appropriated to the land recycling loan program
to be transferred to the CWFP.
