SB70-SSA2,348,125
145.20
(5) (am) Each governmental unit responsible for the regulation of
6private on-site wastewater treatment systems shall adopt and begin the
7administration of the program established under par. (a) before October 1, 2019. As
8part of adopting and administering the program, the governmental unit shall
9conduct and maintain an inventory of all the private on-site wastewater treatment
10systems located in the governmental unit and shall complete the initial inventory
11before October 1, 2017.
In order to be eligible for grant funding under s. 145.246, a
12governmental unit must comply with these deadlines.
SB70-SSA2,414
13Section
414. 145.246 of the statutes is created to read:
SB70-SSA2,348,15
14145.246 Private on-site wastewater treatment system replacement or
15rehabilitation. (1) Definitions. In this section:
SB70-SSA2,348,1616
(a) “Determination of failure" means any of the following:
SB70-SSA2,348,2117
1. A determination that a private on-site wastewater treatment system is
18failing, according to the criteria under s. 145.01 (4m), based on an inspection of the
19private on-site wastewater treatment system by an employee of the state or a
20governmental unit who is certified to inspect private on-site wastewater treatment
21systems by the department.
SB70-SSA2,348,2322
2. A written enforcement order issued under s. 145.02 (3) (f), 145.20 (2) (f), or
23281.19 (2).
SB70-SSA2,348,2524
3. A written enforcement order issued under s. 254.59 (1) by a governmental
25unit.
SB70-SSA2,349,3
1(b) “Governmental unit" means a governmental unit responsible for the
2regulation of private on-site wastewater treatment systems. “Governmental unit"
3also includes a federally recognized American Indian tribe or band.
SB70-SSA2,349,74
(c) “Indian lands" means lands owned by the United States and held for the use
5or benefit of Indian tribes or bands or individual Indians and lands within the
6boundaries of a federally recognized reservation that are owned by Indian tribes or
7bands or individual Indians.
SB70-SSA2,349,108
(d) “Participating governmental unit" means a governmental unit which
9applies to the department for financial assistance under sub. (7) and which meets the
10conditions specified under sub. (8).
SB70-SSA2,349,1211
(e) “Principal residence" means a residence which is occupied at least 51
12percent of the year by the owner.
SB70-SSA2,349,1513
(f) “Sewage" means the water-carried wastes created in and to be conducted
14away from residences, industrial establishments, and public buildings, as defined in
15s. 101.01 (12), with such surface water or groundwater as may be present.
SB70-SSA2,349,1816
(g) “Small commercial establishment" means a commercial establishment or
17business place with a maximum daily waste water flow rate of less than 5,000 gallons
18per day.
SB70-SSA2,349,22
19(2) Categories of failing private on-site wastewater treatment systems. For
20the purposes of this section, the department shall establish the category of each
21failing private on-site wastewater treatment system for which a grant application
22is submitted, as follows:
SB70-SSA2,349,2423
(a) Category 1: failing private on-site wastewater treatment systems described
24in s. 145.01 (4m) (a) to (c).
SB70-SSA2,350,2
1(b) Category 2: failing private on-site wastewater treatment systems described
2in s. 145.01 (4m) (d).
SB70-SSA2,350,43
(c) Category 3: failing private on-site wastewater treatment systems described
4in s. 145.01 (4m) (e).
SB70-SSA2,350,12
5(3) Eligibility. (a) 1. A person is eligible for grant funds under this section if
6he or she owns a principal residence which is served by a category 1 or 2 failing
7private on-site wastewater treatment system, if the private on-site wastewater
8treatment system was installed before July 1, 1978, if the family income of the person
9does not exceed the income limitations under par. (c), if the amount of the grant
10determined under sub. (6) is at least $100, if the residence is not located in an area
11served by a sewer, and if determination of failure is made prior to the rehabilitation
12or replacement of the failing private on-site wastewater treatment system.
SB70-SSA2,350,1913
2. A business is eligible for grant funds under this section if it owns a small
14commercial establishment which is served by a category 1 or 2 failing private on-site
15wastewater treatment system, if the private on-site wastewater treatment system
16was installed before July 1, 1978, if the gross revenue of the business does not exceed
17the limitation under par. (d), if the small commercial establishment is not located in
18an area served by a sewer, and if a determination of failure is made prior to the
19rehabilitation or replacement of the private on-site wastewater treatment system.
SB70-SSA2,350,2520
3. A person who owns a principal residence or small commercial establishment
21which is served by a category 1 or 2 failing private on-site wastewater treatment
22system may submit an application for grant funds during the 3-year period after the
23determination of failure is made. Grant funds may be awarded after work is
24completed if rehabilitation or replacement of the system meets all requirements of
25this section and rules promulgated under this section.
SB70-SSA2,351,2
1(b) Each principal residence or small commercial establishment may receive
2only one grant under this section.
SB70-SSA2,351,43
(c) 1. In order to be eligible for grant funds under this section, the annual family
4income of the person who owns the principal residence may not exceed $45,000.
SB70-SSA2,351,85
2. Except as provided under subd. 4., annual family income shall be based upon
6the federal adjusted gross income of the owner and the owner's spouse, if any, as
7computed for the taxable year prior to the year in which the determination of failure
8is made.
SB70-SSA2,351,129
3. In order to be eligible for grant funds under this section, a person shall
10submit a copy of the federal income tax returns upon which the determination of
11federal adjusted gross income under subd. 2. was made together with any application
12required by the governmental unit.
SB70-SSA2,351,1913
4. A governmental unit may disregard the federal income tax return that is
14submitted under subd. 3. and may determine annual family income based upon
15satisfactory evidence of federal adjusted gross income or projected federal adjusted
16gross income of the owner and the owner's spouse in the current year. The
17department shall promulgate rules establishing criteria for determining what
18constitutes satisfactory evidence of federal adjusted gross income or projected
19federal adjusted gross income in a current year.
SB70-SSA2,351,2220
(d) 1. In order to be eligible for grant funds under this section, the annual gross
21revenue of the business that owns the small commercial establishment may not
22exceed $362,500.
SB70-SSA2,352,223
2. Except as provided in subd. 4., annual gross revenue shall be based upon the
24gross revenue of the business for the taxable year prior to the year in which the
25determination of failure is made. The department shall promulgate rules
1establishing criteria for determining what constitutes satisfactory evidence of gross
2revenue in a prior taxable year.
SB70-SSA2,352,53
3. In order to be eligible for grant funds under this section, a business shall
4submit documentation required by the department under subd. 2. together with any
5application required by the governmental unit.
SB70-SSA2,352,116
4. A governmental unit may disregard the documentation of gross revenue for
7the taxable year prior to the year in which the determination of failure is made and
8may determine annual gross revenue based upon satisfactory evidence of gross
9revenue of the business in the current year. The department shall promulgate rules
10establishing criteria for determining what constitutes satisfactory evidence of gross
11revenue in a current year.
SB70-SSA2,352,1312
(e) The department of revenue shall, upon request by the department, verify
13the income information submitted by an applicant or grant recipient.
SB70-SSA2,352,19
14(4) Denial of application. (a) The department or a governmental unit shall
15deny a grant application under this section if the applicant or a person who would
16be directly benefited by the grant intentionally caused the conditions which resulted
17in a category 1 or 2 failing private on-site wastewater treatment system. The
18department or governmental unit shall notify the applicant in writing of a denial,
19including the reason for the denial.
SB70-SSA2,353,320
(b) The department shall notify a governmental unit if an individual's name
21appears on the statewide support lien docket under s. 49.854 (2) (b). The department
22or a governmental unit shall deny an application under this section if the name of
23the applicant or an individual who would be directly benefited by the grant appears
24on the statewide support lien docket under s. 49.854 (2) (b), unless the applicant or
25individual who would be benefited by the grant provides to the department or
1governmental unit a payment agreement that has been approved by the county child
2support agency under s. 59.53 (5) and that is consistent with rules promulgated
3under s. 49.858 (2) (a).
SB70-SSA2,353,9
4(5) Use of funds. (a) Except for grants under par. (b), funds available under
5a grant under this section shall be applied to the rehabilitation or replacement of the
6private on-site wastewater treatment system. An existing private on-site
7wastewater treatment system may be replaced by an alternative private on-site
8wastewater treatment system or by a system serving more than one principal
9residence.
SB70-SSA2,353,1210
(b) Funds available under a grant under this section for experimental private
11on-site wastewater treatment systems shall be applied to the installation and
12monitoring of the experimental private on-site wastewater treatment systems.
SB70-SSA2,353,17
13(6) Allowable costs; state share. (a) Except as provided in par. (e), costs
14allowable in determining grant funding under this section may not exceed the costs
15of rehabilitating or replacing a private on-site wastewater treatment system that
16would be necessary to allow the rehabilitated system or new system to meet the
17minimum requirements of the state plumbing code promulgated under s. 145.02.
SB70-SSA2,353,2318
(b) Except as provided in par. (e), costs allowable in determining grant funding
19under this section may not exceed the costs of rehabilitating or replacing a private
20on-site wastewater treatment system by the least costly methods, except that a
21holding tank may not be used as the measure of the least costly method for
22rehabilitating or replacing a private on-site wastewater treatment system other
23than a holding tank.
SB70-SSA2,354,1624
(c) Except as provided in pars. (d) and (e), the state grant share under this
25section is limited to $7,000 for each principal residence or small commercial
1establishment to be served by the private on-site wastewater treatment system or
2to the amount determined by the department based upon private on-site wastewater
3treatment system grant funding tables, whichever is less. The department shall
4prepare and publish private on-site wastewater treatment system grant funding
5tables which specify the maximum state share limitation for various components and
6costs involved in the rehabilitation or replacement of a private on-site wastewater
7treatment system based upon minimum size and other requirements specified in the
8state plumbing code promulgated under s. 145.02. The maximum state share
9limitations shall be designed to pay approximately 60 percent of the average
10allowable cost of private on-site wastewater treatment system rehabilitation or
11replacement based upon estimated or actual costs of that rehabilitation or
12replacement. The department shall revise the grant funding tables when it
13determines that 60 percent of current costs of private on-site wastewater treatment
14system rehabilitation or replacement exceed the amounts in the grant funding tables
15by more than 10 percent, except that the department may not revise the grant
16funding tables more often than once every 2 years.
SB70-SSA2,354,2117
(d) Except as provided in par. (e), if the income of a person who owns a principal
18residence that is served by a category 1 or 2 failing private on-site wastewater
19treatment system is greater than $32,000, the amount of the grant under this section
20is limited to the amount determined under par. (c) less 30 percent of the amount by
21which the person's income exceeds $32,000.
SB70-SSA2,355,222
(e) Costs allowable for experimental private on-site wastewater treatment
23systems shall include the costs of installing and monitoring experimental private
24on-site wastewater treatment systems installed under s. 145.02 (3) (b) and this
25section. The department shall promulgate rules that specify how the department
1will select, monitor, and allocate the state share for experimental private on-site
2wastewater treatment systems that the department funds under this section.
SB70-SSA2,355,10
3(7) Application. (a) In order to be eligible for a grant under this section, a
4governmental unit shall make an application for replacement or rehabilitation of
5private on-site wastewater treatment systems of principal residences or small
6commercial establishments and shall submit an application for participation to the
7department. The application shall be in the form and include the information the
8department prescribes. In order to be eligible for funds available in a fiscal year, an
9application is required to be received by the department prior to February 1 of the
10previous fiscal year.
SB70-SSA2,355,1211
(b) An American Indian tribe or band may submit an application for
12participation for any Indian lands under its jurisdiction.
SB70-SSA2,355,14
13(8) Conditions; governmental units. As a condition for obtaining grant
14funding under this section, a governmental unit shall do all of the following:
SB70-SSA2,355,1615
(a) Adopt and administer the maintenance program established under s.
16145.20 (5).
SB70-SSA2,355,2117
(b) Certify that grants will be used for private on-site wastewater treatment
18system replacement or rehabilitation for a principal residence or small commercial
19establishment owned by a person who meets the eligibility requirements under sub.
20(3), that the funds will be used as provided under sub. (5) and that allowable costs
21will not exceed the amount permitted under sub. (6).
SB70-SSA2,355,2322
(c) Certify that grants will be used for private on-site wastewater treatment
23systems which will be properly installed and maintained.
SB70-SSA2,355,2524
(d) Certify that grants provided to the governmental unit will be disbursed to
25eligible owners.
SB70-SSA2,356,2
1(e) Establish a process for regulation and inspection of private on-site
2wastewater treatment systems.
SB70-SSA2,356,63
(f) Establish a system of user charges and cost recovery if the governmental
4unit considers this system to be appropriate. User charges and cost recovery may
5include the cost of the grant application fee and the cost of supervising installation
6and maintenance.
SB70-SSA2,356,117
(g) Establish a system which provides for the distribution of grant funds
8received among eligible applicants based on the amount requested in the application
9as approved by the department. If the amount received by a county is insufficient
10to fully fund all grants, the county shall prorate grant funds on the same basis as sub.
11(12).
SB70-SSA2,356,15
12(9) Assistance. The department shall make its staff available to provide
13technical assistance to each governmental unit. The department shall prepare and
14distribute to each participating governmental unit a manual of procedures for the
15grant program under this section.
SB70-SSA2,356,19
16(10) Distribution of literature. The department shall prepare literature that
17describes the eligibility for receiving a grant under this section for a principal
18residence. The department shall supply the literature to counties, and counties shall
19distribute the literature to recipients of public benefits.
SB70-SSA2,356,25
20(11) Allocation of funds. (a)
Determination of eligible applications. At the
21beginning of each fiscal year the department shall determine the state grant share
22for applications from eligible owners received by participating governmental units.
23The department may revise this determination if a governmental unit does not meet
24the conditions specified under sub. (8) or if it determines that individuals do not meet
25eligibility requirements under sub. (3).
SB70-SSA2,357,3
1(b)
Allocation. The department shall allocate available funds for grants to each
2participating governmental unit according to the total amount of the state grant
3share for all eligible applications received by that governmental unit.
SB70-SSA2,357,64
(c)
Limitation; commercial establishments. The department may not allocate
5more than 10 percent of the funds available under this subsection each fiscal year
6for grants for small commercial establishments.
SB70-SSA2,357,107
(d)
Limitation; experimental private on-site wastewater treatment systems. 8The department may not allocate more than 10 percent of the funds available under
9this subsection each fiscal year for grants for the installation and monitoring of
10experimental private on-site wastewater treatment systems.
SB70-SSA2,357,13
11(12) Prorating. (a) Except as provided in par. (d), the department shall prorate
12available funds under this subsection if funds are not sufficient to fully fund all
13applications. A prorated payment shall be deemed full payment of the grant.
SB70-SSA2,357,1714
(b) Except as provided in par. (d), if funds are sufficient to fully fund all category
151 but not all category 2 failing private on-site wastewater treatment systems, the
16department shall fully fund all category 1 systems and prorate the funds for category
172 systems on a proportional basis.
SB70-SSA2,357,2118
(c) Except as provided in par. (d), if funds are not sufficient to fully fund all
19category 1 failing private on-site wastewater treatment systems, the department
20shall fund the category 1 systems on a proportional basis and deny the grant
21applications for all category 2 systems.
SB70-SSA2,357,2422
(d) The department is not required to prorate available funds for grants for the
23installation and monitoring of experimental private on-site wastewater treatment
24systems.
SB70-SSA2,358,4
1(13) Determination of eligibility; disbursement of grants. (a) The
2department shall review applications for participation in the state program
3submitted under sub. (7). The department shall determine if a governmental unit
4submitting an application meets the conditions specified under sub. (8).
SB70-SSA2,358,65
(b) The department shall promulgate rules which shall define payment
6mechanisms to be used to disburse grants to a governmental unit.
SB70-SSA2,358,11
7(14) Inspection. Agents of the department or the governmental unit may enter
8premises where private on-site wastewater treatment systems are located pursuant
9to a special inspection warrant as required under s. 66.0119 to collect samples,
10records, and information and to ascertain compliance with the rules and orders of the
11department or the governmental unit.
SB70-SSA2,358,14
12(15) Enforcement. (a) If the department has reason to believe that a violation
13of this section or any rule promulgated under this section has occurred, it may do any
14of the following:
SB70-SSA2,358,2415
1. Cause written notice to be served upon the alleged violator. The notice shall
16specify the alleged violation and contain the findings of fact on which the charge of
17violation is based and may include an order that necessary corrective action be taken
18within a reasonable time. This order shall become effective unless, no later than 30
19days after the date the notice and order are served, the person named in the notice
20and order requests in writing a hearing before the department. Upon this request
21and after due notice, the department shall hold a hearing. Instead of an order, the
22department may require that the alleged violator appear before the department for
23a hearing at a time and place specified in the notice and answer the charges
24complained of.
SB70-SSA2,358,2525
2. Initiate action under sub. (16).
SB70-SSA2,359,7
1(b) If after the hearing the department finds that a violation has occurred, it
2shall affirm or modify its order previously issued or issue an appropriate order for
3the prevention, abatement, or control of the violation or for other corrective action.
4If the department finds that no violation has occurred, it shall rescind its order. Any
5order issued as part of a notice or after hearing may prescribe one or more dates by
6which necessary action shall be taken in preventing, abating, or controlling the
7violation.
SB70-SSA2,359,128
(c) Additional grants under this section to a governmental unit previously
9awarded a grant under this section may be suspended or terminated if the
10department finds that a private on-site wastewater treatment system previously
11funded in the governmental unit is not being or has not been properly rehabilitated,
12constructed, installed, or maintained.
SB70-SSA2,359,16
13(16) Penalties. Any person who violates this section or a rule or order
14promulgated under this section shall forfeit not less than $10 nor more than $5,000
15for each violation. Each day of continued violation is a separate offense. While an
16order is suspended, stayed, or enjoined, this penalty does not accrue.
SB70-SSA2,415
17Section
415. 145.246 of the statutes, as created by 2023 Wisconsin Act .... (this
18act), is repealed.
SB70-SSA2,416
19Section
416. 146.616 (1) (a) of the statutes is amended to read:
SB70-SSA2,359,2320
146.616
(1) (a) “Allied health professional" means any individual who is a
21health care provider other than a physician,
registered nurse, dentist, pharmacist,
22chiropractor, or podiatrist and who provides diagnostic, technical, therapeutic, or
23direct patient care and support services to the patient.
SB70-SSA2,417
24Section
417. 146.63 (5) of the statutes is amended to read:
SB70-SSA2,360,3
1146.63
(5) Term of grants. The department may not distribute a grant under
2sub. (2) (a)
for a term that is more than 5 years to a rural hospital or group of rural
3hospitals
for a term that is more than 3 years.
SB70-SSA2,418
4Section 418
. 146.69 of the statutes is created to read:
SB70-SSA2,360,7
5146.69 Grants for the Surgical Collaborative of Wisconsin. The
6department shall award a grant in an amount of $150,000 per fiscal year to the
7Surgical Collaborative of Wisconsin.
SB70-SSA2,419
8Section
419. 146.69 of the statutes, as created by 2023 Wisconsin Act .... (this
9act), is repealed.
SB70-SSA2,420
10Section 420
. 165.85 (5y) of the statutes is created to read:
SB70-SSA2,360,1311
165.85
(5y) Law enforcement training fund. The moneys credited to the
12appropriation accounts under s. 20.455 (2) (ja) and (q) constitute the law enforcement
13training fund.
SB70-SSA2,421
14Section
421. 165.937 of the statutes is created to read:
SB70-SSA2,360,17
15165.937 Grants for protection of elders. (1) The department of justice shall
16award grants from the appropriation under s. 20.455 (2) (fw) to organizations that
17promote the protection of elders.
SB70-SSA2,360,20
18(2) The department of justice shall provide funds from the appropriation under
19s. 20.455 (2) (fw) to support a statewide elder abuse hotline for persons to
20anonymously provide tips regarding suspected elder abuse.
SB70-SSA2,422
21Section
422. 165.95 (2) of the statutes is amended to read:
SB70-SSA2,361,422
165.95
(2) The department of justice shall make grants to counties and to tribes
23to enable them to establish and operate programs, including suspended and deferred
24prosecution programs and programs based on principles of restorative justice, that
25provide alternatives to prosecution and incarceration for criminal offenders who
1abuse alcohol or other drugs. The department of justice shall make the grants from
2the appropriations under s. 20.455 (2)
(ek), (em), (jd), (kn), and (kv). The department
3of justice shall collaborate with the department of corrections and the department
4of health services in establishing this grant program.
SB70-SSA2,423
5Section 423
. 165.986 (7) of the statutes is repealed.
SB70-SSA2,424
6Section 424
. 165.989 of the statutes is repealed.
SB70-SSA2,425
7Section 425
. 196.025 (6) (title) of the statutes is amended to read:
SB70-SSA2,361,88
196.025
(6) (title)
Police and fire protection 911 fee.
SB70-SSA2,426
9Section 426
. 196.025 (6) (b) 1. of the statutes is amended to read:
SB70-SSA2,361,2510
196.025
(6) (b) 1. Except as provided in subd. 2., a communications provider
11shall collect from each subscriber a monthly fee of $0.75 on each communications
12service connection with an assigned telephone number, including a communication
13service provided via a voice over Internet protocol connection. If a communications
14provider provides multiple communications service connections to a subscriber, the
15fee required to be collected by the communications provider under this subdivision
16shall be a separate fee on each of the first 10 connections and one additional fee for
17each 10 additional connections per billed account. A communications provider may
18list the fee separately from other charges on a subscriber's bill, and if a
19communications provider does so, the communications provider shall identify the fee
20as “
police and fire protection 911 fee," or, if the communications provider combines
21the fee with a charge imposed under s. 256.35 (3), the communications provider shall
22identify the combined fee and charge as “charge for funding countywide 911 systems
23plus
police and fire protection 911 fee." Any partial payment of a fee by a subscriber
24shall first be applied to any amount the subscriber owes the communications
25provider for communications service.