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depleted or repealed by subsequent action of the legislature.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
Under the emergency assistance program, a family is considered to be homeless
or facing impending homelessness if certain conditions apply, including if a member
of the family was a victim of domestic abuse. Under the program, “domestic abuse”
has the same definition as under the statute establishing arrest and prosecution
procedures for domestic abuse incidents.
Also under current law, however, DCF is required under the Wisconsin Works
(W-2) program to promulgate rules for screening victims of domestic abuse, and
those rules must specify the evidence that is sufficient to establish that an individual
is or has been a victim of domestic abuse or is at risk of further domestic abuse. Under
current law, the W-2 program provides, among other things, work experience and
benefits for low-income custodial parents who are at least 18 years old.
The bill eliminates the definition of domestic abuse in the emergency assistance
program. Instead, it provides that evidence that is sufficient under the W-2 domestic
abuse screening program to establish that an individual is or has been a victim of
domestic abuse is also sufficient for that purpose under the emergency assistance
program.
Child care quality improvement program
Under Wisconsin Shares, which is a part of the W-2 program, an individual
who is the parent of a child under the age of 13 or, if the child is disabled, under the
age of 19, who needs child care services to participate in various education or work
activities, and who satisfies other eligibility criteria may receive a child care subsidy
for child care services under Wisconsin Shares. Under current law, DCF sets the
maximum payment rates for child care providers who provide services under
Wisconsin Shares and may modify an individual child care provider's payment rate
in the following manner on the basis of the child care provider's quality rating under
the Young Star system: a provider who receives a one-star rating may be denied
payment; a provider who receives a two-star rating may have the maximum
payment rate reduced by up to 5 percent; a provider who receives a three-star rating
may receive up to the maximum payment rate; a provider who receives a four-star
rating may have the maximum payment rate increased by up to 15 percent; and a
provider who receives a five-star rating may have the maximum payment rate
increased by up to 30 percent.
The bill eliminates the current law method by which DCF may modify
payments to child care providers under Wisconsin Shares based on a child care
provider's rating under the quality rating system known as Young Star. The bill
instead authorizes DCF to establish a program for making monthly payments and
monthly per-child payments to certified child care providers, licensed child care
centers, and child care programs established or contracted for by a school board. The
bill allows DCF to promulgate rules to implement the program, including
establishing eligibility requirements and payment amounts and setting
requirements for how recipients may use the payments. The bill funds the program
through a new appropriation and by allocating federal moneys, including child care
development funds and moneys received under the Temporary Assistance for Needy
Families block grant program.
Temporary Assistance for Needy Families
Under current law, DCF allocates specific amounts of federal moneys, including
child care development funds and moneys received under the Temporary Assistance
for Needy Families (TANF) block grant program for various public assistance
programs. Under the bill, TANF funding allocations are changed in the following
ways, as compared to the funding allocation in the 2019-21 fiscal biennium:
1. For Wisconsin Works benefits, agency contracts, and job access loans, the
total funding is increased by 20 percent.
2. For emergency assistance payments, funding is increased by 73 percent.
3. For grants to Wisconsin Trust Account Foundation, Inc., for distribution to
programs that provide civil legal services to low-income families, funding is doubled.
4. For the Transform Milwaukee and Transitional Jobs programs, funding is
increased by 49 percent.
5. For direct child care services, child care administration, and child care
improvement programs, total funding is decreased by 7 percent.
6. For kinship care payments, safety and out-of-home placement services, and
child abuse and neglect prevention services, total funding is increased by 10 percent.
7. For grants to the Boys and Girls Clubs of America, funding is increased by
5 percent.
8. For the earned income tax credit supplement, funding is increased by 34
percent.
9. For the support of the dependent children of recipients of supplemental
security income, funding is decreased by 27 percent.
10. For all other programs under TANF, funding is continued with a funding
change of less than 5 percent.
The bill additionally allocates $500,000 of TANF funding in each fiscal year to
fund the Jobs for America's Graduates programs to improve social, academic, and
employment skills of youth who are eligible to receive TANF.
Also, the bill specifies that, with respect to a TANF-funded contract for
services, “allocation” means the amount under the contract that DCF is obligated to
pay.
Grants for homelessness case management services
Under current law, DOA may award 10 annual grants from TANF funds of up
to $50,000 to homeless shelter facilities to provide case management services for
homeless families. The bill increases the annual limit on grants to a shelter facility
from $50,000 to $75,000 and eliminates the restriction that limits DOA to making
no more than 10 grants in total each year.
Civil legal services grants
Under current law, DCF is directed to allocate in each fiscal year specific
amounts of money, including federal moneys received under the TANF block grant
program, for various public assistance programs. Under current law, DCF provides
funding to the Wisconsin Trust Account Foundation, Inc. (the Foundation), to
provide civil legal services to TANF-eligible individuals in two ways:
1. DCF provides up to $100,000 in each fiscal year in matching funds to the
Foundation for the provision of civil legal services to eligible individuals. This grant
does not specify what types of civil legal services may be provided.
2. DCF provides a $500,000 grant in each fiscal year to the Foundation to
provide grants to programs, up to $75,000 each, that provide certain legal services
to eligible individuals. The legal services provided through this grant are limited to
legal services in civil matters related to domestic abuse or sexual abuse or to
restraining orders or injunctions for individuals at risk.
The bill removes the grant that requires matching funds and increases the
grant to provide certain legal services to eligible individuals to $1,000,000 per fiscal
year. Under the bill, the Foundation may additionally use this funding to provide
to eligible individuals civil legal services related to eviction. The bill removes the
$75,000 cap on grants provided by the Foundation to individual programs.
Internet assistance program
The bill requires DCF to establish an Internet assistance program, under which
it makes payments to Internet service providers on behalf of low-income individuals
to assist with paying for Internet service. The bill requires that other assistance
program options be exhausted before assistance is provided under this program. The
bill allows DCF to contract for the administration of the program. The bill requires
DCF to promulgate rules to implement the program, including a requirement that
the family income of a recipient not exceed 200 percent of the federal poverty line.
Under the bill, the new program is funded through an appropriation from the general
fund and from $10,000,000 that the bill requires DCF to allocate from federal
moneys, including moneys received under the TANF block grant program.
Foster care youth driver's licensing
The bill requires DCF to establish or contract for a driver education program
for individuals who are 15 years of age or older and in out-of-home care. The bill
requires the program to assist those individuals with identifying and enrolling in an
appropriate driver education course and obtaining an operator's license. The bill
authorizes DCF to pay, for any individual in the program, any fees required to enroll
in a driver education course or to obtain an operator's license.
Offender reentry demonstration project
Under current law, DCF was required to establish a five-year offender reentry
demonstration project in the 2017-18 fiscal year. The project focuses on noncustodial
fathers in the city of Milwaukee. Under current law, DCF was to conduct an
evaluation of the project by June 30, 2023. The bill extends the demonstration
project to six years and the deadline for an evaluation to June 30, 2024.
Transferring Head Start state supplement to DCF
The bill transfers the Head Start state supplement from DPI to DCF. The bill
transfers from the state superintendent to the secretary of children and families the
responsibilities of determining whether agencies are eligible for designation as Head
Start agencies under the federal Head Start program to provide comprehensive
health, educational, nutritional, social, and other services to economically
disadvantaged children and their families, and of distributing federal Head Start
funds to those eligible agencies.
Option to purchase public health coverage
The bill requires DHS, OCI, or DHS in consultation with OCI to conduct an
analysis and actuarial study of the creation of an option to purchase coverage that
is publicly provided or administered. In its analysis, DHS or OCI must incorporate
input from a variety of interested persons or entities and an analysis of any other
health care affordability initiatives. The bill allows DHS or OCI to submit any
requests for federal approval, including Medical Assistance state plan amendments
and waiver requests, necessary to implement the public option or other health care
affordability initiative. If federal approval is not necessary or if federal approval is
granted and DHS or OCI determines that the public option or affordability initiative
is feasible, DHS or OCI shall implement the public option or other initiative before
January 1, 2025, or if the insurance market provisions of the federal Patient
Protection and Affordable Care Act are not longer enforceable, by January 1, 2022,
or as soon as possible.
Electronic benefit transfer processing and funding for farmers; healthy
eating incentive pilot program
The bill allows DHS to expend general purpose revenue to provide electronic
benefit transfer processing equipment and services to farmer's markets and farmers
who sell directly to consumers. The electronic benefit transfer system is the method
used by DHS to deliver FoodShare benefits to recipients. FoodShare, also known as
the food stamp program and the federal Supplemental Nutrition Assistance
Program, provides a monetary benefit to individuals who have limited financial
resources for the purpose of purchasing food products.
The bill also limits the amount of general purpose revenue DHS may expend
on the healthy eating incentive pilot program to $425,000 per fiscal year. The
purpose of the healthy eating incentive pilot program is to provide discounts on fresh
produce and other healthy foods to FoodShare recipients. The bill also eliminates the
time limit under current law for DHS to expend funds to contract with an entity to
administer the healthy eating incentive program. Under current law, DHS could not
expend any money for the program after December 31, 2019, except for amounts
already encumbered on or before that date.
FSET requirement
Current law requires DHS to require all able-bodied adults, with some limited
exceptions, who seek benefits from the FoodShare program to participate in the
FoodShare employment and training program, known as FSET, unless they are
already employed. The bill eliminates that requirement for able-bodied adults with
dependents while retaining the requirement for able-bodied adults without
dependents.
Eliminating FSET drug testing requirement
2015 Wisconsin Act 55 required DHS to promulgate rules to develop and
implement a drug screening, testing, and treatment policy, which DHS promulgated
as DHS 38, Wis. Adm. Code.
2017 Wisconsin Act 370 incorporated into statutes DHS
38, relating to drug screening, testing, and treatment for recipients of FSET. The bill
eliminates the requirement to implement a drug screening, testing, and treatment
policy and removes from the statutes the language incorporated by Act 370.
Eliminating FSET pay-for-performance requirement
Current law requires DHS to create and implement a payment system based
on performance for entities that perform administrative functions for FSET. DHS
is required to base the pay-for-performance system on performance outcomes
specified in current law. The bill eliminates the requirement for DHS to create a
pay-for-performance system for FSET vendors.
Medical Assistance
Medicaid expansion; elimination of childless adults demonstration project
BadgerCare Plus and BadgerCare Plus Core are programs under the state's
Medical Assistance program, which provides health services to individuals who have
limited financial resources. The federal Patient Protection and Affordable Care Act
allows a state to receive an enhanced federal medical assistance percentage payment
for providing benefits to certain individuals through a state's Medical Assistance
program. The bill changes the family income eligibility level to up to 133 percent of
the federal poverty line for parents and caretaker relatives under BadgerCare Plus
and for childless adults currently covered under BadgerCare Plus Core and who are
incorporated into BadgerCare Plus in the bill. The bill requires DHS to comply with
all federal requirements and to request any amendment to the state Medical
Assistance plan, waiver of Medicaid law, or other federal approval necessary to
qualify for the highest available enhanced federal medical assistance percentage for
childless adults under the BadgerCare Plus program.
Under current law, certain parents and caretaker relatives with incomes of not
more than 100 percent of the federal poverty line, before a 5 percent income disregard
is applied, are eligible for BadgerCare Plus benefits. Under current law, childless
adults who 1) are under age 65; 2) have family incomes that do not exceed 100 percent
of the federal poverty line, before a 5 percent income disregard is applied; and 3) are
not otherwise eligible for Medical Assistance, including BadgerCare Plus, are
eligible for benefits under BadgerCare Plus Core. The bill eliminates the childless
adults demonstration project, known as BadgerCare Plus Core, as a separate
program on July 1, 2021.
2017 Wisconsin Act 370 requires by statute that DHS implement the
BadgerCare Reform waiver as it relates to childless adults as approved by the federal
Department of Health and Human Services effective October 31, 2018. The 2015-17
and 2017-19 biennial budget acts required DHS to submit a waiver request to the
federal Department of Health and Human Services authorizing DHS to take certain
actions, including imposing premiums on, requiring a health risk assessment of, and
limiting the time of eligibility for recipients of BadgerCare Plus under the childless
adults demonstration project waiver. Act 370 required DHS to implement the
childless adults BadgerCare Reform waiver by no later than November 1, 2019. If
JCF determines that DHS has not complied with the implementation deadline, has
not made sufficient progress in implementing the BadgerCare Reform waiver, or has
not complied with other requirements relating to approved waiver implementation,
Act 370 allows JCF to reduce from moneys allocated for state operations or
administrative functions DHS's appropriation or expenditure authority, whichever
is applicable, or change the authorized level of full-time equivalent positions for
DHS related to the Medical Assistance program. The bill eliminates the statutory
implementation requirement for the BadgerCare Reform waiver, including the
deadline and penalties, eliminates the statutory requirement for DHS to seek the
waiver, and allows DHS to modify or withdraw the waiver.
Eliminating legislative review of Medicaid state plan amendments
The Medical Assistance program is the state's Medicaid program and is jointly
funded by the state and federal governments through a detailed agreement known
as the state plan.
2017 Wisconsin Act 370 requires DHS to submit to JCF under its
passive review process any proposed Medical Assistance state plan amendment and
any proposed change to a reimbursement rate for or supplemental payment to a
Medical Assistance provider that has an expected fiscal effect of $7,500,000 or more
from all revenue sources over a 12-month period. The bill eliminates this
requirement to submit for JCF review Medical Assistance state plan amendments,
changes to reimbursement rates, or supplemental payments.
