SB439: Bill Text

LRB-3634/1

ALL:skw&wlj

2021 - 2022 LEGISLATURE

2021 Senate BILL 439

June 24, 2021 - Introduced by Senators Erpenbach, Smith, Bewley, Carpenter, Agard, Larson, Pfaff, Johnson, Ringhand, Roys, L. Taylor and Wirch, cosponsored by Representatives Riemer, S. Rodriguez, Hintz, Vining, Goyke, Neubauer, Sinicki, Drake, Billings, Vruwink, Conley, Doyle, Hebl, Spreitzer, Shelton, Hesselbein, Shankland, Hong, Andraca, Subeck, Cabrera, Stubbs, Pope, Considine, Baldeh, Bowen, Emerson, B. Meyers, Milroy, Ohnstad, Snodgrass, Brostoff, McGuire, Moore Omokunde, Anderson and Ortiz-Velez. Referred to Committee on Government Operations, Legal Review and Consumer Protection.

SB439,2,5 An Act to repeal 20.192 (1) (d), 20.380 (1) (c), 20.505 (1) (am), 49.45 (2p), 49.45 (23) and 86.31 (3s); to amend 20.395 (2) (fc), 20.435 (1) (cr), 20.435 (1) (fh), 20.435 (4) (jw), 36.11 (3) (d) (intro.), 36.11 (47m) (title), 49.45 (23b) (title), 49.45 (23b) (b), 49.45 (23b) (c), 49.45 (23b) (e), 49.471 (4) (a) 4. b., 49.686 (3) (d) and 196.504 (2) (a); to create 13.48 (26m), 20.155 (3) (a), 20.165 (2) (d), 20.192 (1) (c), 20.192 (1) (d), 20.255 (3) (fs), 20.285 (1) (bm), 20.292 (1) (fm), 20.320 (2) (a), 20.370 (6) (ed), 20.380 (1) (c), 20.435 (5) (ef), 20.455 (5) (ec), 20.505 (1) (am), 20.505 (1) (bg), 36.11 (47m) (c), 36.25 (40), 38.274, 49.471 (1) (cr), 49.471 (4) (a) 8., 49.471 (4g), 51.72, 51.73, 85.0215, 115.28 (66), subchapter III of chapter 153 [precedes 153.85], 165.932, 250.15 (2) (d), 250.16, 250.20 (7), 250.20 (8), 281.61 (8) (b) and 292.66 of the statutes; and to affect 2017 Wisconsin Act 59, sections 202e, 202g, 1646t to 1646y, 1655g to 1655j, 1806f and 9439 (4t); relating to: expanding eligibility under the Medical Assistance program; funding infrastructure, land acquisition, and building projects; providing assistance and local government grants; maintaining an opioid and methamphetamine data system; transferring moneys to the budget stabilization fund; creating a University of Wisconsin System partnership program and admissions application fees; providing an exemption from rule-making procedures; and making an appropriation.

Analysis by the Legislative Reference Bureau

Medicaid expansion

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. This 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 this bill. The bill requires the Department of Health Services 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 the 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.

Transfer to the budget stabilization fund

This bill transfers $151,565,605 from the general fund to the budget stabilization fund in fiscal year 2021-22.

Miscellaneous project grants

This bill requires the Department of Administration to award grants to eligible recipients, as determined by DOA, in the following amounts for the following projects:

1. $2,000,000 for a visitor center in the city of Green Bay.

2. $2,000,000 for a Hmong cultural center.

3. $5,000,000 for historic renovation and accessible access to the Potawatomi State Park observation tower in Door County.

4. $5,000,000 for a Food + Farm Exploration Center in Portage County.

5. $30,000,000 for a genomic sequencing wing at the State Laboratory of Hygiene.

6. $15,000,000 for the Blood Research Institute.

7. $4,000,000 for a western Wisconsin forensic center.

8. $400,000 for new laboratory equipment for the Children's Research Institute.

9. $220,000 for improvements to the city of Reedsburg community center.

10. $5,000,000 for the relocation of coal piles currently located near the mouth of the Fox River in Green Bay and for the revitalization of the neighborhood from which the coal piles are to be relocated.

11. $400,000 to construct a machine shed and shop at the Wisconsin Cranberry Research Station.

12. $530,000 for a new water supply control system in the city of Waukesha.

13. $50,000,000 for veterans housing statewide.

14. $2,000,000 to assist in completion of the United Community Center's Ricardo Diaz Early Learning Academy in the city of Milwaukee.

Grant for psychiatric bed capacity expansion in Eau Claire and Chippewa Counties

This bill requires DHS to award a grant to a hospital in Eau Claire County, as specified in the bill, in the amount of $15,000,000 for the purpose of expanding capacity by 22 psychiatric beds between the hospital in Eau Claire County and a hospital in Chippewa County.

Emergency detention is a current law procedure for temporary involuntary commitment of individuals who are believed to be mentally ill, drug dependent, or developmentally disabled and who demonstrate a substantial probability of causing harm to themselves or others or an inability to satisfy certain basic needs due to a mental illness. The hospital that is awarded the grant under the bill must do all of the following: 1) give preference in admissions for the beds added under the bill to individuals who meet the criteria for emergency detention and who are from one of the counties specified in the bill; 2) identify measures it believes will serve the needs of residents with mental health needs, especially in reducing the burden on the Winnebago Mental Health Institute; and 3) report annually to the legislature on the services provided with grant moneys. The grant recipient is liable to repay the grant to the state if it fails to maintain continued expanded services and expanded numbers of psychiatric beds. The bill specifies that the determination of whether the hospital is meeting its requirement to provide expanded services must be based on findings that at least half of the expanded psychiatric beds are available for individuals admitted for emergency detention and that the hospital enters agreements containing terms specified in the bill with at least two-thirds of the specified counties.

Purchase of the Verso Paper Mill in Wisconsin Rapids

This bill authorizes the Wisconsin Economic Development Corporation to award a loan of up to $50,000,000 to the Consolidated Cooperative for the purchase of the Verso Paper Mill in the city of Wisconsin Rapids. The loan is to be for the term and upon the conditions as may be agreed upon between WEDC and the cooperative. Additionally, WEDC may not award the loan unless it determines that substantial additional funding for the purchase of the paper mill has been secured from both nonstate revenue sources and in the form of a loan issued by the Board of Commissioners of Public Lands to an entity eligible for the loan.

Purchase of the Park Falls Pulp and Paper Mill in Park Falls

This bill authorizes the Wisconsin Economic Development Corporation to award a loan of up to $15,000,000 to the Park Falls Mill Multi-Stakeholder Cooperative for the purchase of the Park Falls Pulp and Paper Mill in the city of Park Falls. The loan is to be for the term and upon the conditions as may be agreed upon between WEDC and the cooperative. Additionally, WEDC may not award the loan unless it determines that substantial additional funding for the purchase of the pulp and paper mill has been secured from both nonstate revenue sources and in the form of a loan issued by the Board of Commissioners of Public Lands to an entity eligible for the loan.

River North housing development grant

This bill requires that WEDC provide a grant of $500,000 to the River North housing development project in the city of Manitowoc.

Opioid and methamphetamine data system

This bill requires DOA to issue a request for proposals, subject to approval by the Joint Committee on Finance under its passive review process, to establish and maintain an opioid and methamphetamine data system to collect, format, analyze, and disseminate information on opioid and methamphetamine use as specified in the bill. DOA must collaborate with and collect data from DHS, the Department of Corrections, the Department of Justice, the Department of Safety and Professional Services, and the Department of Children and Families and any other applicable agencies for the opioid and methamphetamine data system. Under the bill, DOA administers the contract with a vendor to operate the opioid and methamphetamine data system, has access to the data contained in the opioid and methamphetamine data system, and works with the vendor to disseminate information and advanced analytics from the opioid and methamphetamine data system in as close to real time as possible. The opioid and methamphetamine data system must allow the state agencies that submit data to the opioid and methamphetamine data system access to the data in the opioid and methamphetamine data system as appropriate for the agency to fulfill its functions and as allowed by state and federal confidentiality laws. The bill requires DOA to submit a report to JCF summarizing the information from the opioid and methamphetamine data system and analyzing trends in that information across years of data collection.

Private on-site wastewater treatment systems grant program and study

2017 Wisconsin Act 59 repealed, effective June 30, 2021, a program DSPS administers to provide grants to persons or businesses that are served by failing private on-site wastewater treatment systems (POWTS), which are commonly known as septic tanks. The bill eliminates the repeal of this program.

The bill also requires DSPS to fund a study that analyzes and makes recommendations on practices that mitigate the risk of contaminating ground and surface waters with septage. The Department of Soil and Waste Resources of the College of Natural Resources of the University of Wisconsin-Stevens Point must conduct the study and submit a report to the legislature by December 31, 2022.

PFAS municipal grant program

The bill creates a municipal grant program, administered by the Department of Natural Resources, to address perfluoroalkyl and polyfluoroalkyl substances (PFAS), and provides $10,000,000 in general purpose revenue for this purpose. Under the program, DNR must provide grants to cities, towns, villages, counties, utility districts, lake protection districts, sewerage districts, and municipal airports. DNR may award a grant only if the applicant tested or trained with a PFAS-containing fire fighting foam in accordance with applicable state and federal law, or if a third party tested or trained with PFAS-containing fire fighting foam within the boundaries of the municipality; the applicant applied biosolids to land under a water pollution permit issued by DNR; or PFAS are impacting the applicant's drinking water supply or surface water or groundwater within the municipality and the responsible party is unknown or is unwilling or unable to take the necessary response actions.

Under the bill, grants provided under this program may be used to investigate potential PFAS impacts in order to reduce or eliminate environmental contamination; treat or dispose of PFAS-containing fire fighting foam containers; sample a private water supply within three miles of a site or facility known to contain PFAS or to have caused a PFAS discharge; provide a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS; conduct emergency, interim, or remedial actions to mitigate, treat, dispose of, or remove PFAS contamination; or remove or treat PFAS in public water systems in areas where PFAS levels exceed the maximum contaminant level for PFAS in drinking water or an enforcement standard for PFAS groundwater or in areas where the state has issued a health advisory for PFAS.

An applicant that receives a grant under this program must contribute matching funds equal to at least 20 percent of the amount of the grant. The applicant must apply for a grant on a form prescribed by DNR and must include any information that DNR finds is necessary to determine the eligibility of the project, identify the funding requested, determine the priority of the project, and calculate the amount of a grant. In awarding grants under this program, DNR must consider the applicant's demonstrated commitment to performing and completing eligible activities, including the applicant's financial commitment and ability to successfully administer grants; the degree to which the project will have a positive impact on public health and the environment; and any other criteria that DNR finds necessary to prioritize the funds available for awarding grants.

DNR grants for land acquisition and redevelopment

This bill appropriates $5,394,395 from the general fund for DNR to finance various land acquisition and redevelopment projects by DNR and certain local governments and nonprofit conservation organizations for conservation and recreational purposes.

Local supplement grant program

This bill creates a local supplement grant program under which the Department of Transportation provides discretionary grants to political subdivisions for projects related to bridge construction or reconstruction or local road improvement or to local governments for projects related to transportation alternatives, including construction of pedestrian and bicycle facilities and environmental mitigation of highway construction. The bill also appropriates $100,000,000 for grants under the program.