Amendment SSA1-AB68

AB68-SSA1,1211,13 281.59 (2) (a) Administer its responsibilities under this section and ss. 281.58, 281.60 and 281.61 and s. 281.60, 2019 stats.

AB68-SSA1,2659 Section 2659. 281.59 (2) (b) of the statutes is amended to read:

AB68-SSA1,1211,17 281.59 (2) (b) Cooperate with the department in administering the clean water fund program, and the safe drinking water loan program and the land recycling loan program and in servicing any outstanding loans made under s. 281.60, 2019 stats.

AB68-SSA1,2660 Section 2660. 281.59 (3) (a) 1. of the statutes is amended to read:

AB68-SSA1,1211,21 281.59 (3) (a) 1. An estimate of the wastewater treatment, and safe drinking water and land recycling project needs of the state for the 4 fiscal years of the next 2 biennia.

AB68-SSA1,2661 Section 2661. 281.59 (3) (a) 5. of the statutes is amended to read:

AB68-SSA1,1212,5 281.59 (3) (a) 5. The most recent available audited financial statements of the past operations and activities of the clean water fund program, and the safe drinking water loan program and the land recycling loan program, the estimated environmental improvement fund capital available in each of the next 4 fiscal years for the clean water fund program and the safe drinking water loan program, and the projected environmental improvement fund balance for the clean water fund program and the safe drinking water loan program for each of the next 20 years given existing obligations and financial conditions.

AB68-SSA1,2662 Section 2662. 281.59 (3) (j) of the statutes is amended to read:

AB68-SSA1,1212,11 281.59 (3) (j) No later than November 1 of each odd-numbered year, the department of administration and the department jointly shall submit a report, to the building commission and committees as required under par. (bm), on the operations and activities of the clean water fund program, and the safe drinking water loan program and the land recycling loan program for the previous biennium.

AB68-SSA1,2663 Section 2663. 281.59 (4) (f) of the statutes is amended to read:

AB68-SSA1,1212,21 281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection, and all payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection, can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program and safe drinking water loan program shall not exceed $2,526,700,000 $2,911,700,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.

AB68-SSA1,2664 Section 2664. 281.59 (9) (a) of the statutes is repealed.

AB68-SSA1,2665 Section 2665. 281.59 (9) (am) of the statutes is amended to read:

AB68-SSA1,1213,8 281.59 (9) (am) The department of administration, in consultation with the department, may establish those terms and conditions of a financial assistance agreement that relate to its financial management, including what type of municipal obligation, as set forth under sub. (13f), if applicable, is required for the repayment of the financial assistance. Any terms and conditions established under this paragraph by the department of administration shall comply with the requirements of this section and s. 281.58, 281.60 or 281.61. In setting the terms and conditions, the department of administration may consider factors that the department of administration finds are relevant, including the type of obligation evidencing the loan, the pledge of security for the obligation and the applicant's creditworthiness.

AB68-SSA1,2666 Section 2666. 281.59 (9) (b) (intro.) of the statutes is amended to read:

AB68-SSA1,1213,12 281.59 (9) (b) (intro.) As a condition of receiving financial assistance under the clean water fund program, or the safe drinking water loan program or the land recycling loan program, an applicant shall do all of the following:

AB68-SSA1,2667 Section 2667. 281.59 (9) (b) 1. of the statutes is amended to read:

AB68-SSA1,1213,16 281.59 (9) (b) 1. Pledge the security, if any, required by the rules promulgated by the department of administration under this section and s. 281.58 , 281.60 or 281.61.

AB68-SSA1,2668 Section 2668. 281.59 (11) (a) of the statutes is amended to read:

AB68-SSA1,1213,23 281.59 (11) (a) The department of natural resources and the department of administration may enter into a financial assistance agreement with an applicant for which the department of administration has allocated financial assistance under s. 281.58 (9m), 281.60 (8) or 281.61 (8) if the applicant meets the conditions under sub. (9) and the other requirements under this section and s. 281.58 , 281.60 or 281.61.

AB68-SSA1,2669 Section 2669. 281.59 (11) (b) of the statutes is amended to read:

AB68-SSA1,1214,9 281.59 (11) (b) If a municipality fails to make a principal repayment or interest payment after its due date, the department of administration shall place on file a certified statement of all amounts due under this section and s. 281.58 , 281.60 or 281.61 or s. 281.60, 2019 stats. After consulting the department, the department of administration may collect all amounts due by deducting those amounts from any state payments due the municipality or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. If the department of administration collects amounts due, it shall remit those amounts to the fund to which they are due and notify the department of that action.

AB68-SSA1,2670 Section 2670. 281.59 (11) (c) of the statutes is amended to read:

AB68-SSA1,1214,16 281.59 (11) (c) The department of administration may retain the last payment under a financial assistance agreement until the department of natural resources and the department of administration determine that the project is completed and meets the applicable requirements of this section and s. 281.58, 281.60 or 281.61 or s. 281.60, 2019 stats., and that the conditions of the financial assistance agreement are met.

AB68-SSA1,2671 Section 2671. 281.59 (13s) of the statutes is amended to read:

AB68-SSA1,1214,21 281.59 (13s) Powers. The department of administration may audit, or contract for audits of, projects receiving financial assistance under the clean water fund program, or the safe drinking water loan program and the land recycling loan program or projects that received loans under s. 281.60, 2019 stats.

AB68-SSA1,2672 Section 2672. 281.59 (14) of the statutes is amended to read:

AB68-SSA1,1214,25 281.59 (14) Rules. The department of administration shall promulgate rules that are necessary for the proper execution of this section and of its responsibilities under ss. 281.58, 281.60 and 281.61 and s. 281.60, 2019 stats.

AB68-SSA1,2673 Section 2673. 281.60 of the statutes is repealed.

AB68-SSA1,2674 Section 2674. 281.605 of the statutes is created to read:

AB68-SSA1,1215,8 281.605 Outstanding loans under the former land recycling loan program. Section 281.60 (8m), 2019 stats., s. 281.60 (11), 2019 stats., s. 281.60 (11m), 2019 stats., s. 281.60 (13) (c), 2019 stats., s. 281.60 (13) (d), 2019 stats., s. 281.60 (13) (f), 2019 stats., and s. 281.60 (13) (h), 2019 stats., shall continue to apply to any outstanding loans made under the former land recycling loan program under s. 281.60, 2019 stats.

AB68-SSA1,2675 Section 2675. 281.61 (3) of the statutes is repealed.

AB68-SSA1,2676 Section 2676. 281.61 (4) of the statutes is amended to read:

AB68-SSA1,1215,17 281.61 (4) Engineering report. A The department may require a local governmental unit or private owner of a community water system that serves a local governmental unit seeking financial assistance for a project under this section shall to submit an engineering report, as required by the department by rule. If an engineering report is required by the department, the local governmental unit or private owner of a community water system shall submit the engineering report prior to or concurrent with the submission of the application for financial assistance.

AB68-SSA1,2677 Section 2677. 281.61 (5) (a) of the statutes is amended to read:

AB68-SSA1,1216,9 281.61 (5) (a) After the department approves an engineering report submitted under sub. (4), the A local governmental unit or private owner of a community water system that serves a local governmental unit shall submit an application for safe drinking water financial assistance and an engineering report, if required, to the department. The applicant department shall submit the application on or before the June 30 preceding the beginning of the fiscal year in which the applicant wishes to receive the financial assistance, except that if funds are available in a fiscal year after funding has been allocated under sub. (8) for all approved applications submitted before the June 30 preceding that fiscal year, the department of administration may allocate funding for approved applications submitted after June 30 at least annually provide application submittal instructions to applicants, including a deadline for submitting applications, if any. The application shall be in the form and include the information required by the department and the department of administration and shall include plans and specifications that are approvable by the department under this section. An applicant may not submit more than one application per project per year.

AB68-SSA1,2678 Section 2678 . 281.61 (8) (b) of the statutes is created to read:

AB68-SSA1,1216,14 281.61 (8) (b) The department of administration shall allocate the amount appropriated under s. 20.320 (2) (a) to 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.

AB68-SSA1,2679 Section 2679. 281.61 (10) of the statutes is repealed.

AB68-SSA1,2680 Section 2680. 281.75 (1) (b) (intro.), 1. and 2. of the statutes are amended to read:

AB68-SSA1,1216,19 281.75 (1) (b) (intro.) “Contaminated well" or “contaminated private water supply" means a well or private water supply which does any of the following:

AB68-SSA1,1216,22 1. Produces water containing one or more substances of public health concern in excess of a primary maximum contaminant level promulgated in the national drinking water standards in 40 CFR 141 and 143;.

AB68-SSA1,1216,24 2. Produces water containing one or more substances of public health concern in excess of an enforcement standard under ch. 160; or.

AB68-SSA1,2681 Section 2681. 281.75 (1) (b) 4. of the statutes is created to read:

AB68-SSA1,1217,2 281.75 (1) (b) 4. Produces water containing at least 10 parts per billion of arsenic or at least 10 parts per million of nitrate nitrogen.

AB68-SSA1,2682 Section 2682. 281.75 (4m) (a) of the statutes is amended to read:

AB68-SSA1,1217,7 281.75 (4m) (a) In order to be eligible for an award under this section, the annual family income of the landowner or lessee of property on which is located a contaminated water supply or a well subject to abandonment may not exceed $65,000 $100,000.

AB68-SSA1,2683 Section 2683 . 281.75 (5) (f) of the statutes is amended to read:

AB68-SSA1,1217,14 281.75 (5) (f) The Except as provided in par. (g), the department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.

AB68-SSA1,2684 Section 2684 . 281.75 (5) (g) of the statutes is created to read:

AB68-SSA1,1217,18 281.75 (5) (g) If the appropriation under s. 20.370 (6) (cr) is insufficient to pay claims, the department may, for claims based on nitrate levels, allocate money for the payment of those claims in the following order of priority:

AB68-SSA1,1217,20 1. Claims based on water containing more than 40 parts per million of nitrate nitrogen.

AB68-SSA1,1217,22 2. Claims based on water containing more than 30 but not more than 40 parts per million of nitrate nitrogen.

AB68-SSA1,1217,24 3. Claims based on water containing more than 25 but not more than 30 parts per million of nitrate nitrogen.

AB68-SSA1,1218,2 4. Claims based on water containing more than 20 but not more than 25 parts per million of nitrate nitrogen.

AB68-SSA1,1218,4 5. Claims based on water containing more than 10 but not more than 20 parts per million of nitrate nitrogen.

AB68-SSA1,2685 Section 2685. 281.75 (7) (a) of the statutes is amended to read:

AB68-SSA1,1218,11 281.75 (7) (a) If the department finds that the claimant meets all the requirements of this section and rules promulgated under this section and that the private water supply is contaminated or that the well is a well subject to abandonment, the department shall issue an award. The Except as provided under par. (am), the award may not pay more than 75 percent of the eligible costs. The award may not pay any portion of eligible costs in excess of $16,000.

AB68-SSA1,2686 Section 2686. 281.75 (7) (am) of the statutes is created to read:

AB68-SSA1,1218,15 281.75 (7) (am) An award under this subsection may pay up to 100 percent of the eligible costs if the annual family income of the claimant is below the median family income for the state, as determined by U.S. bureau of the census.

AB68-SSA1,2687 Section 2687. 281.75 (7) (b) of the statutes is repealed.

AB68-SSA1,2688 Section 2688. 281.75 (9) of the statutes is repealed.

AB68-SSA1,2689 Section 2689. 283.31 (8) of the statutes is amended to read:

AB68-SSA1,1219,4 283.31 (8) A person applying for a new permit under this section for a concentrated animal feeding operation shall pay to the department an application fee of $3,270, which shall be credited to the appropriation account under s. 20.370 (9) (ag). The holder of a permit under this section for a concentrated animal feeding operation shall annually pay to the department a fee of $345 $545, which shall be credited to the appropriation account under s. 20.370 (9) (ag). The department shall annually submit a report to the joint committee on finance and, under s. 13.172 (3), to the standing committees of the legislature with jurisdiction over agricultural and environmental matters describing the use of the moneys credited to the appropriation account under s. 20.370 (9) (ag) under this subsection and the use of the moneys appropriated under s. 20.370 (9) (ap).

AB68-SSA1,2690 Section 2690. 285.27 (2) (bm) of the statutes is created to read:

AB68-SSA1,1219,12 285.27 (2) (bm) Standards for PFAS. Emission standards for known perfluoroalkyl or polyfluoroalkyl substances are needed to provide adequate protection for public health and welfare under par. (b). The department shall promulgate emission standards for any known perfluoroalkyl or polyfluoroalkyl substances 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.

AB68-SSA1,2691 Section 2691. 287.16 of the statutes is created to read:

AB68-SSA1,1219,17 287.16 Auxiliary containers. (1) The department may grant a political subdivision, as defined in s. 66.0419 (1) (b), upon application, an exemption from the requirements of s. 66.0419 (2) with regard to a specific type of container if all of the following apply:

AB68-SSA1,1219,19 (a) The political subdivision describes in the application the type of container to which the proposed exemption would apply.

AB68-SSA1,1219,21 (b) The political subdivision demonstrates that it cannot sell the type of container at a price that exceeds the recycling processing costs of the container.

AB68-SSA1,1219,23 (2) The department shall specify the period of an exemption under this section. The period may not exceed 2 years.

AB68-SSA1,2692 Section 2692 . 287.17 (10) (fm) of the statutes is created to read:

AB68-SSA1,1220,7 287.17 (10) (fm) Rural electronics recycling grants. The department shall administer a program to provide grants from the appropriation under s. 20.370 (4) (hr), if sufficient program revenue is available, to expand electronics recycling and recovery programs in rural counties of the state. Grants under this program may be provided to local units of government, businesses, and nonprofit entities for the purpose of hosting a collection site or collection event, or series of collection sites or collection events, in rural counties of the state.

AB68-SSA1,2693 Section 2693 . 289.33 (3) (d) of the statutes is amended to read:

AB68-SSA1,1221,2 289.33 (3) (d) “Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8), and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch. 91.

AB68-SSA1,2694 Section 2694 . 289.63 (6) (d) 1. (intro.) of the statutes is amended to read:

AB68-SSA1,1221,5 289.63 (6) (d) 1. (intro.) In this paragraph, “qualified materials recovery facility" means one of the following:

AB68-SSA1,2695 Section 2695. 289.63 (6) (d) 1. c. of the statutes is created to read:

AB68-SSA1,1221,13 289.63 (6) (d) 1. c. A facility that is in operation on the effective date of this subd. 1. c. .... [LRB inserts date], at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed as a municipal solid waste combustor; the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent; and the facility is in compliance with its approved plan of operation.

AB68-SSA1,2696 Section 2696 . 289.63 (6) (d) 2. a. of the statutes is amended to read:

AB68-SSA1,1221,18 289.63 (6) (d) 2. a. For a qualified materials recovery facility described in subd. 1. a., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 10 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less.

AB68-SSA1,2697 Section 2697. 289.63 (6) (d) 2. b. of the statutes is amended to read:

AB68-SSA1,1221,24 289.63 (6) (d) 2. b. For a qualified materials recovery facility described in subd. 1. b. or c., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 30 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less. This exemption does not apply to ash residue generated by a qualified facility described in subd. 1. c.

AB68-SSA1,2698 Section 2698. 289.63 (6) (d) 3. a. of the statutes is amended to read:

AB68-SSA1,1222,5 289.63 (6) (d) 3. a. The department may require an operator that claims the exemption under this paragraph to certify that the operator's facility satisfies the criteria in subd. 1. a. or, b. , or c. and to report the weight of the residue for which the operator does not pay the groundwater and well compensation fees and any other information needed to determine eligibility for the exemption.

AB68-SSA1,2699 Section 2699 . 289.64 (4) (d) 1. (intro.) of the statutes is amended to read:

AB68-SSA1,1222,8 289.64 (4) (d) 1. (intro.) In this paragraph, “qualified materials recovery facility" means one of the following:

AB68-SSA1,2700 Section 2700. 289.64 (4) (d) 1. c. of the statutes is created to read:

AB68-SSA1,1222,16 289.64 (4) (d) 1. c. A facility that is in operation on the effective date of this subd. 1. c. .... [LRB inserts date], at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed as a municipal solid waste combustor; the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent; and the facility is in compliance with its approved plan of operation.