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.
Recycling
Local regulation of certain containers
Current law limits the ability of political subdivisions (cities, villages, towns,
and counties) to regulate auxiliary containers. “Auxiliary container" is defined as “a
bag, cup, bottle, can, or other packaging that is designed to be reusable or single-use;
that is made of cloth, paper, plastic, cardboard, corrugated material, aluminum,
glass, postconsumer recycled material, or similar material or substrates, including
coated, laminated, or multilayer substrates; and that is designed for transporting or
protecting merchandise, food, or beverages from a food service or retail facility.” In
general, a political subdivision may not 1) enact or enforce an ordinance regulating
the use, disposition, or sale of auxiliary containers, 2) prohibit or restrict auxiliary
containers, or 3) impose a fee, charge, or surcharge on auxiliary containers.
The bill provides that DNR may grant a political subdivision an exemption from
these prohibitions as they apply to a specific type of container. A political subdivision
seeking an exemption must make an application to DNR that describes the type of
container to which the exemption would apply and demonstrate that the political
subdivision cannot sell the type of container at a price that exceeds the recycling
processing costs of the container. If DNR grants the exemption, DNR must specify
the period of the exemption, which may not exceed two years.
E-Cycle grants
The bill requires DNR to create a program to provide grants to expand
electronics recycling collection in rural counties of the state. Grants may be provided
to local units of government, businesses, and nonprofit entities for hosting a
collection site or collection event in a rural county of the state.
General environment
Tipping fee exemption for waste-to-energy facilities
Current law imposes several fees, commonly called tipping fees, on generators
of solid waste that is disposed of at a landfill or other waste disposal facility. Under
current law, a facility that recycles construction, demolition, and remodeling
materials is exempt from these tipping fees, in an amount equal to the weight of
residue generated by the recycling process or 30 percent of the total weight of
material accepted by the recycling facility, whichever is less. To be eligible for this
exemption, the facility must be licensed as a solid waste processing facility; the
facility's plan of operation must require reporting of the volume or weight of
materials processed, recycled, and discarded; and the facility must be in compliance
with its plan of operation.
The bill creates a similar exemption from tipping fees for existing facilities that
incinerate solid waste for the purpose of energy recovery, commonly called
waste-to-energy facilities. To be eligible for this exemption, the facility must be
licensed as a municipal solid waste combustor; the facility's plan of operation must
require reporting of the weight of material coming into the facility, and the weight
of material rejected and residue produced by the facility and where the rejected
material and residue is sent; and the facility must be in compliance with its plan of
operation. The exemption does not apply to ash residue generated at these facilities.
The bill also makes a terminology change, referring to facilities exempt from
the tipping fee as “qualified facilities” instead of “qualified materials recovery
facilities.”
Ban on coal tar-based sealants
The bill prohibits the sale of coal tar-based sealant products and high PAH
sealant products (products with more than 0.1 percent polycyclic aromatic
hydrocarbons by weight) beginning January 1, 2022, and prohibits the use of such
products beginning July 1, 2022. A person who violates these prohibitions is subject
to the same penalty that applies under current law to other general environmental
provisions, which is a forfeiture of between $10 and $5,000 for each violation.
Municipal flood control aid
The bill requires DNR to award, from the amounts appropriated to DNR to
provide assistance for municipal flood control, $1,000,000 in grants in each fiscal
year of the 2021-23 fiscal biennium for the preparation of flood insurance studies
and other flood mapping projects.
Lapsing certain appropriations
The bill lapses, to the general fund in fiscal year 2021-22, $2,500 from the DNR
appropriation for Great Lakes remediation; $37,800 from the DNR appropriation for
maintenance and development of state parks and lands; and $7,200 from the DNR
appropriation for acquisition and development of new buildings.
health and human services
Public assistance
Emergency assistance for needy families
Under current law, DCF administers a program to distribute emergency
assistance funds to qualifying families who are homeless or who are facing
impending homelessness. Current law describes several scenarios that constitute
“homelessness or impending homelessness” for purposes of receiving the emergency
assistance. One scenario under current law is if the family receives an eviction notice
due to its inability to make rent, mortgage, or property tax payments that results
from a financial hardship. Under current law, a family can only qualify for this
emergency assistance once in a 12-month period. DCF rules specify certain financial
and nonfinancial eligibility requirements and the maximum payment amounts for
the emergency assistance.
Under current DCF rule, a family is defined as one or more dependent children
and a qualified caretaker relative who lives with the child, and a family's annual
gross income may not exceed 115 percent of the federal poverty line in order to
qualify. The maximum payment amount is calculated by multiplying the maximum
payment amount per family member for a family of that size by the number of family
members, or is determined by the amount of actual financial need due to the
emergency, whichever is less. Under current DCF rule, the maximum payment
amounts for families range from $258 per family member for a two-person family to
$110 per family member for a family of six or more people.
The bill makes the following changes to the emergency assistance program:
1. Adds that an individual who is between the ages of 18 and 24 may qualify
for emergency assistance payments even if that person is not a qualifying caretaker
relative of a child.
2. Increases the maximum family annual gross income to 200 percent of the
federal poverty line.
3. Allows a family to receive emergency assistance once in a six-month period
instead of once in a 12-month period.
4. Sets the maximum payment at an amount set by DCF by publication in the
Wisconsin Administrative Register, regardless of the size of the family, or the actual
financial need of the family due to the emergency, whichever is less.
The bill also specifies that, during a national emergency declared by the U.S.
president or a state of emergency declared by the governor, a family is considered to
be facing impending homelessness if it cannot make rent, mortgage, or property tax
payments regardless of whether the family has received notice that it will be evicted
if the payments are not made immediately.
Definition of “domestic abuse” in the emergency assistance program
