AB43: Bill Text

AB43,,7340 1. The cost of activities conducted prior to the award of aid under this section, except for activities conducted at a site or facility under sub. (4) (a).

AB43,,7341 2. The cost of activities that the department determines are not integral to the investigation and remediation of a discharge or environmental pollution.

AB43,,7342 3. Legal fees.

AB43,,7343 4. The cost of investigations or remedial action conducted outside this state.

AB43,,7344 5. Costs for financing eligible activities.

AB43,,7345 (7) Application for aid. Eligible applicants shall submit an application on a form prescribed by the department and shall include any information the department finds necessary to evaluate the eligibility of the project and amount of aid to be awarded.

AB43,,7346 (8) Rules; records. The department shall promulgate rules to administer the program under this section, including rules prescribing the criteria for determining the amount of aid to be awarded, the records that must be maintained by an applicant, and the periods for which those records must be retained. The department may inspect any document in the possession of an applicant or any other person if the document is relevant to an application for aid under this section.

AB43,2671 Section 2671. 292.67 of the statutes is created to read:

AB43,,7348 292.67 PFAS municipal grant program. (1) Definitions. In this section:

AB43,,7349 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).

AB43,,7350 (b) “Municipality” means a city, village, town, county, tribal governing body, utility district, lake protection district, sewerage district, or municipal airport.

AB43,,7351 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

AB43,,7352 (2) Financial assistance. The department shall administer a program to provide grants from the appropriations under s. 20.370 (6) (ed) and (es) to municipalities that meet the requirements under sub. (3) for the purpose of conducting any of the eligible activities under sub. (4).

AB43,,7353 (3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if one of the following has occurred:

AB43,,7354 (a) The municipality tested or trained with a class B fire fighting foam that contained intentionally added PFAS in accordance with applicable state and federal law, or a 3rd party tested or trained with a class B fire fighting foam that contained intentionally added PFAS within the area controlled by the municipality.

AB43,,7355 (b) The municipality applied biosolids to land under a permit issued by DNR under s. 283.31.

AB43,,7356 (c) PFAS are impacting the municipality’s drinking water supply or surface water or groundwater within the area controlled by the municipality and the responsible party is unknown or is unwilling or unable to take the necessary response actions.

AB43,,7357 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

AB43,,7358 (a) Investigating potential PFAS impacts to the air, land, or water at a site or facility for the purpose of reducing or eliminating environmental contamination.

AB43,,7359 (b) Treating or disposing of PFAS-containing fire fighting foam containers from a municipal site or facility.

AB43,,7360 (c) Sampling a private water supply within 3 miles of a site or facility known to contain PFAS or to have caused a PFAS discharge.

AB43,,7361 (d) Providing a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS.

AB43,,7362 (e) Conducting emergency, interim, or remedial actions to mitigate, treat, dispose of, or remove PFAS contamination to the air, land, or waters of the state.

AB43,,7363 (f) Removing or treating PFAS in a public water system using the most cost-effective method to provide safe drinking water in areas where PFAS levels exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement standard for PFAS under ch. 160 or where the state has issued a health advisory for PFAS.

AB43,,7364 (g) Sampling and testing water for PFAS contamination in a public, private, or tribal elementary or secondary school, a child care center that is licensed under s. 48.65, a child care program that is established or contracted for under s. 120.13 (14), or a child care provider that is certified under s. 48.651.

AB43,,7365 (5) Application. A municipality shall apply for a grant on a form prescribed by the department and shall include any information that the department finds 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.

AB43,,7366 (6) Evaluation criteria. The department, in awarding grants under this section, shall consider all of the following criteria:

AB43,,7367 (a) The municipality’s demonstrated commitment to performing and completing eligible activities, including the municipality’s financial commitment and ability to successfully administer grants.

AB43,,7368 (b) The degree to which the project will have a positive impact on public health and the environment.

AB43,,7369 (c) Other criteria that the department finds necessary to prioritize the funds available for awarding grants.

AB43,,7370 (7) Matching funds. The department may not distribute a grant under this section unless the applicant contributes matching funds equal to at least 20 percent of the amount of the grant. Matching funds may be in the form of cash, in-kind contributions, or both.

AB43,2672 Section 2672. 292.74 of the statutes is created to read:

AB43,,7372 292.74 Financial responsibility for PFAS. The department may, if it determines doing so is necessary to protect human health or the environment, require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl substance to provide proof of financial responsibility for conducting emergency response actions, remedial actions, environmental repair, and long-term care to address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl substances or environmental pollution that may be caused by a discharge of such substances. The department shall establish, by rule, the procedure for determining whether requiring a proof of financial responsibility is necessary to protect human health or the environment, and may establish requirements for types of financial responsibility, methods for calculating amounts of financial responsibility, access and default, bankruptcy notifications, and any other requirements the department determines are necessary under this section. The proof of financial responsibility required under this section shall be in addition to any other proof of financial responsibility or financial assurance required under this chapter.

AB43,2673 Section 2673. 299.15 (2m) of the statutes is created to read:

AB43,,7374 299.15 (2m) The department shall consider all known perfluoroalkyl or polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The reporting level for these substances is zero pounds per year.

AB43,2674 Section 2674. 299.44 of the statutes is created to read:

AB43,,7376 299.44 Sale and use of coal tar sealants. (1) Definitions. In this section:

AB43,,7377 (a) “Coal tar sealant product” means a surface-applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical Abstracts Service (CAS) number 65996-93-2, 65996-89-6, or 8007-45-2.

AB43,,7378 (b) “High PAH sealant product” means a surface-applied sealing product that contains more than 0.1 percent polycyclic aromatic hydrocarbons by weight.

AB43,,7379 (2) Prohibitions. (a) Beginning January 1, 2024, no person may sell or offer for sale a coal tar sealant product or high PAH sealant product, except as provided in sub. (3).

AB43,,7380 (b) Beginning July 1, 2024, no person may apply a coal tar sealant product or high PAH sealant product, except as provided in sub. (3).

AB43,,7381 (3) Exemptions. The department may grant an exemption to the prohibitions under sub. (2) to any of the following upon written request:

AB43,,7382 (a) A person who is researching the effects of a coal tar sealant product or high PAH sealant product on the environment.

AB43,,7383 (b) A person who is developing an alternative technology if the use of a coal tar sealant product or high PAH sealant product is required for research or development.

AB43,2675 Section 2675. 299.65 of the statutes is created to read:

AB43,,7385 299.65 Commercial vessels subject to federal Vessel Incidental Discharge Act. (1) (a) Subject to pars. (b) and (c), the owner or operator of any commercial vessel subject to the requirements of the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) that has operated outside this state shall pay to the department, no later than 5 days prior to arriving in a port of this state, $650 per arrival to a port of this state.

AB43,,7386 (b) The owner or operator of a commercial vessel engaged in coastwise trade that is subject to the requirements of 46 USC 55101 to 55103 may not be required to pay more than $3,250 in fees per calendar year under this subsection.

AB43,,7387 (c) The owner or operator of a commercial vessel that is subject to the requirements of the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) may not be required to pay more than $3,250 in fees per calendar year under this subsection.

AB43,,7388 (2) The department may adjust the amount of the fee under sub. (1) (a) once every 5 years to account for any changes in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor for the month of October immediately preceding the date of adjustment, as provided under 33 USC 1322 (p) (9) (A) (iv) (III) (aa).

AB43,,7389 (3) The department shall credit all fees collected under sub. (1) (a) to the appropriation account under s. 20.370 (4) (aj).

AB43,2676 Section 2676. 299.66 of the statutes is renumbered 299.66 (1).

AB43,2677 Section 2677. 299.66 (2) of the statutes is created to read:

AB43,,7392 299.66 (2) (a) The department may enter into a memorandum of agreement with the U.S. Coast Guard concerning implementation and enforcement of the provisions of 33 USC 1322 and any regulations promulgated by the secretary of the U.S. department of homeland security under 33 USC 1322 (p) (5).

AB43,,7393 (b) If the department enters into a memorandum of agreement with the U.S. Coast Guard under par. (a), an employee or agent of the department may board and inspect any vessel that is subject to s. 299.65 to determine the state of compliance with the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) and any regulations promulgated thereunder.

AB43,2678 Section 2678. 301.12 (2m) of the statutes is amended to read:

AB43,,7395 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and older adults receiving care, maintenance, services, and supplies provided by prisons named in s. 302.01.

AB43,2679 Section 2679. 301.12 (14) (a) of the statutes is amended to read:

AB43,,7397 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age minors in residential, nonmedical facilities such as group homes, foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17 becomes an adult, unless the liable person has prevented payment by any act or omission.

AB43,2680 Section 2680. 301.26 (4) (d) 2. of the statutes is amended to read:

AB43,,7399 301.26 (4) (d) 2. Beginning on July 1, 2019, and ending on June 30, 2020, the per person daily cost assessment to counties shall be $532 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $532 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on July 1, 2021 2023, and ending on June 30, 2022 2024, the per person daily cost assessment to counties shall be $1,154 is $1,246 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $1,154 $1,246 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

AB43,2681 Section 2681. 301.26 (4) (d) 3. of the statutes is amended to read:

AB43,,7401 301.26 (4) (d) 3. Beginning on July 1, 2020, and ending on December 31, 2020, the per person daily cost assessment to counties shall be $550 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $550 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on January 1, 2021, and ending on June 30, 2021, the per person daily cost assessment to counties shall be $615 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $615 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on July 1, 2022 2024, and ending on June 30, 2023 2025, the per person daily cost assessment to counties shall be $1,178 is $1,268 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $1,178 $1,268 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

AB43,2682 Section 2682. 301.50 (1) of the statutes is amended to read:

AB43,,7403 301.50 (1) In this section, “substantial parental relationship” means the acceptance and exercise of significant responsibility for the daily supervision, education, protection, and care of the child. In evaluating whether an individual has had a substantial parental relationship with the child, factors that may be considered include, but are not limited to, whether the individual has expressed concern for or interest in the support, care, or well-being of the child; whether the individual has neglected or refused to provide care or support for the child; and whether, with respect to an individual who is or may be the father a parent of the child, the individual has expressed concern for or interest in the support, care, or well-being of the mother during her parent who gave birth during pregnancy.

AB43,2683 Section 2683. 302.05 (title) of the statutes is amended to read:

AB43,,7405 302.05 (title) Wisconsin substance abuse earned release program.

AB43,2684 Section 2684. 302.05 (1) (am) (intro.) of the statutes is amended to read:

AB43,,7407 302.05 (1) (am) (intro.) The department of corrections and the department of health services may designate a section of a mental health institute as a correctional treatment facility for the treatment of substance abuse use disorder of inmates transferred from Wisconsin state prisons. This section shall be administered by the department of corrections and shall be known as the Wisconsin substance abuse program. The department of corrections and the department of health services shall ensure that the residents at the institution and the residents in the substance abuse use disorder program:

AB43,2685 Section 2685. 302.05 (1) (b) of the statutes is amended to read:

AB43,,7409 302.05 (1) (b) The department of corrections and the department of health services shall, at any correctional facility the departments determine is appropriate, provide a substance abuse use disorder treatment program for inmates for the purposes of the program described in sub. (3).

AB43,2686 Section 2686. 302.05 (1) (c) of the statutes is created to read:

AB43,,7411 302.05 (1) (c) 1. In this paragraph, “vocational readiness training program” means an educational, vocational, treatment, or other evidence-based training program to reduce recidivism.

AB43,,7412 2. The department shall, at any correctional facility the department determines is appropriate, provide vocational readiness training programs for the purposes of the program described in sub. (3).

AB43,2687 Section 2687. 302.05 (2) of the statutes is amended to read:

AB43,,7414 302.05 (2) Transfer to a correctional treatment facility for the treatment of a substance abuse use disorder shall be considered a transfer under s. 302.18.

AB43,2688 Section 2688. 302.05 (3) (a) 2. of the statutes is amended to read:

AB43,,7416 302.05 (3) (a) 2. If the inmate is serving a bifurcated sentence imposed under s. 973.01, the sentencing court decided under par. (e) or s. 973.01 (3g) The department determines that the inmate is eligible to participate in the earned release program described in this subsection. In making its determination, the department shall consider a decision of the sentencing court under s. 302.05 (3) (e), 2021 stats., or s. 973.01 (3g), 2021 stats.

AB43,2689 Section 2689. 302.05 (3) (b) of the statutes is amended to read:

AB43,,7418 302.05 (3) (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole commission grants parole under this paragraph for the completion of a substance use disorder treatment program, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB43,2690 Section 2690. 302.05 (3) (c) 1. of the statutes is amended to read:

AB43,,7420 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the department shall inform the court that sentenced the inmate.

AB43,2691 Section 2691. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

AB43,,7422 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed a substance use disorder treatment program described in sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the court shall modify the inmate’s bifurcated sentence as follows:

AB43,2692 Section 2692. 302.05 (3) (d) of the statutes is amended to read:

AB43,,7424 302.05 (3) (d) The department may place intensive sanctions program participants in a treatment program described in sub. (1) (b), but pars. (b) and (c) do not apply to those participants.

AB43,2693 Section 2693. 302.05 (3) (e) of the statutes is repealed.

AB43,2694 Section 2694. 302.085 of the statutes is created to read:

AB43,,7427 302.085 Treatment of a pregnant or postpartum person. (1) Definitions. In this section:

AB43,,7428 (a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).