AB50: Bill Text

AB50,1271,16 3. Legal fees.

AB50,1271,17 4. The cost of investigations or remedial action conducted outside this state.

AB50,1271,18 5. Costs for financing eligible activities under par. (b).

AB50,1271,22 (7) Application for aid. An applicant for aid under this section 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.

AB50,1272,5 (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.

AB50,2567 Section 2567. 292.67 of the statutes is created to read:

AB50,1272,8 292.67 PFAS community grant program. (1) Definitions. In this section:

AB50,1272,9 (a) “Class B firefighting foam” has the meaning given in s. 299.48 (1) (a).

AB50,1272,11 (b) “Municipality” means a city, village, town, county, tribal governing body, utility district, lake protection district, sewerage district, or municipal airport.

AB50,1272,12 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

AB50,1272,16 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (4) (mw) to municipalities that meet the requirements under sub. (3) for the purpose of conducting any of the eligible activities under sub. (4).

AB50,1272,18 (3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if one of the following has occurred:

AB50,1272,22 (a) The municipality tested or trained with a class B firefighting 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 firefighting foam that contained intentionally added PFAS within the area controlled by the municipality.

AB50,1273,2 (b) The municipality applied biosolids to land under a permit issued by DNR under s. 283.31.

AB50,1273,6 (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.

AB50,1273,8 (d) PFAS contamination in groundwater is impacting private wells within the area controlled by the municipality.

AB50,1273,10 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

AB50,1273,12 (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.

AB50,1273,14 (b) Treating or disposing of PFAS-containing firefighting foam containers from a municipal site or facility.

AB50,1273,16 (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.

AB50,1273,18 (d) Assisting owners of private wells with the cost of installation of filters, treatment, or well replacement.

AB50,1273,20 (e) Providing a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS.

AB50,1273,22 (f) Conducting emergency, interim, or remedial actions to mitigate, treat, dispose of, or remove PFAS contamination to the air, land, or waters of the state.

AB50,1274,4 (g) 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.

AB50,1274,7 (h) Creating a new public water system or connecting private well owners to an existing public water system in an area in which there is widespread PFAS contamination in private water supplies.

AB50,1274,11 (i) 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.

AB50,1274,15 (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.

AB50,1274,17 (6) Evaluation criteria. The department, in awarding grants under this section, shall consider all of the following criteria:

AB50,1274,20 (a) The municipality’s demonstrated commitment to performing and completing eligible activities, including the municipality’s financial commitment and ability to successfully administer grants.

AB50,1274,22 (b) The degree to which the project will have a positive impact on public health and the environment.

AB50,1275,2 (c) Other criteria that the department finds necessary to prioritize the funds available for awarding grants.

AB50,1275,6 (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.

AB50,1275,11 (8) Rule making. The department shall promulgate rules necessary to administer this section, including procedures for submission, review, and determination of applications for assistance under this section. The rules promulgated under this subsection shall give priority to providing assistance to owners of private wells contaminated with PFAS.

AB50,2568 Section 2568. 292.74 of the statutes is created to read:

AB50,1276,7 292.74 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 or who causes the discharge of a perfluoroalkyl or polyfluoroalkyl substance, and any person who manufactures any product that contains intentionally added perfluoroalkyl or polyfluoroalkyl substances, 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 a perfluoroalkyl or polyfluoroalkyl substance 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 is 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. This section does not apply to a person exempt under s. 292.11 (9).

AB50,2569 Section 2569. 299.487 of the statutes is created to read:

AB50,1276,9 299.487 Transportation and disposal of PFAS. (1) In this section:

AB50,1276,16 (a) “Environmental justice” means the fair treatment and meaningful involvement of all individuals, regardless of race, color, national origin, educational level, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that no population of color or community of color, indigenous community, or low-income community shall be exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards.

AB50,1276,17 (b) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

AB50,1277,2 (2) A person disposing of PFAS, or transporting PFAS for the purpose of disposal, shall attempt to the greatest extent possible to avoid disposing of PFAS in, or transporting PFAS to, any location where such disposal or transportation will contribute to environmental justice concerns and shall consider all reasonable alternatives for transport and disposal of PFAS. The department shall assist any person, upon request, in evaluating the environmental justice impacts of the person’s disposal or transportation of PFAS.

AB50,2570 Section 2570. 299.65 of the statutes is created to read:

AB50,1277,9 299.65 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.

AB50,1277,12 (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.

AB50,1277,16 (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.

AB50,1277,21 (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).

AB50,1277,23 (3) The department shall credit all fees collected under sub. (1) (a) to the appropriation account under s. 20.370 (4) (aj).

AB50,2571 Section 2571. 299.66 of the statutes is renumbered 299.66 (1).

AB50,2572 Section 2572. 299.66 (2) of the statutes is created to read:

AB50,1278,6 299.66 (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).

AB50,1278,11 (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.

AB50,2573 Section 2573. 301.12 (1) of the statutes is amended to read:

AB50,1278,17 301.12 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services, and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or ch. 767 or s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats.

AB50,2574 Section 2574. 301.12 (2m) of the statutes is amended to read:

AB50,1278,21 301.12 (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.

AB50,2575 Section 2575. 301.12 (14) (a) of the statutes is amended to read:

AB50,1279,10 301.12 (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.

AB50,2576 Section 2576. 301.12 (14) (e) 1. of the statutes is amended to read:

AB50,1279,21 301.12 (14) (e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, and other money due or to be due in the future to the county department under s. 46.215, 46.22, or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB50,2577 Section 2577. 301.26 (4) (b) of the statutes is amended to read:

AB50,1280,12 301.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of the per person per day cost estimate specified in par. (d) 2., 3., and 4. Except as provided in pars. (bm), (c), and (cm), liability shall apply to county departments under s. 46.215, 46.22, or 46.23 in the county of the court exercising jurisdiction under ch. 938 for each person receiving services from the department of corrections under s. 938.183 or 938.34 or the department of health services under s. 46.057 or 51.35 (3). Except as provided in pars. (bm), (c), and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under s. 48.526 (3) (c) to the total applicable estimated costs of care, services, and supplies provided by the department of corrections under ss. 938.183 and 938.34 and the department of health services under s. 46.057 or 51.35 (3).

AB50,2578 Section 2578. 301.26 (4) (cm) 3. of the statutes is amended to read:

AB50,1280,17 301.26 (4) (cm) 3. The per person daily reimbursement rate for juvenile correctional services under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2., 3., and 4. for juvenile correctional services.

AB50,2579 Section 2579. 301.26 (4) (cx) of the statutes is amended to read:

AB50,1281,2 301.26 (4) (cx) If, notwithstanding ss. 16.50 (2), 16.52, 20.002 (11), and 20.903, there is a deficit in the appropriation account under s. 20.410 (3) (hm) at the close of a fiscal biennium, the governor shall, to address that deficit, increase each of the rates specified under s. 301.26 (4) (d) 2. and 3. for care in a Type 1 juvenile correctional facility and for care for juveniles transferred from a correctional institution by $6, in addition to any increase due to actual costs, in the executive budget bill for each fiscal biennium, until the deficit under s. 20.410 (3) (hm) is eliminated.

AB50,2580 Section 2580. 301.26 (4) (d) 2. of the statutes is repealed.

AB50,2581 Section 2581. 301.26 (4) (d) 3. of the statutes is amended to read:

AB50,1281,9 301.26 (4) (d) 3. Beginning on July 1, 2024 2025, and ending on June 30, 2025 2027, the per person daily cost assessment to counties shall be, for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $1,268 and, for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $1,268.

AB50,2582 Section 2582. 301.50 (1) of the statutes is amended to read:

AB50,1281,20 301.50 (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.

AB50,2583 Section 2583. 301.55 of the statutes is created to read:

AB50,1281,23 301.55 Office of the ombudsperson for corrections. (1) Definitions. In this section:

AB50,1281,24 (a) “Office” means the office of the ombudsperson for corrections.

AB50,1282,1 (b) “Ombudsperson” means the ombudsperson of the office.

AB50,1282,7 (2) Staff. The ombudsperson may appoint, in the classified service, one deputy ombudsperson of the office, and employees for the office to complete the ombudsperson’s duties described under this section. The ombudsperson may delegate to the deputy ombudsperson or other employees of the office any of the ombudsperson’s authority or duties except those described under subs. (5) (b) and (7) (b).

AB50,1282,8 (3) Powers. The ombudsperson may do all of the following:

AB50,1282,10 (a) Investigate, upon a complaint or upon personal initiative, any matter described under sub. (4).

AB50,1282,11 (b) Determine the scope and manner of investigations to be made.

AB50,1282,13 (c) Enter and inspect, at any time, premises within the control of the department.

AB50,1282,18 (d) Examine records and documents in the possession of the department, including corrections and detention data and medical data maintained by the department and classified as private or confidential data on individuals when access to the data is necessary for the ombudsperson to perform the powers authorized under this subsection.

AB50,1282,20 (e) Subpoena witnesses and the production of books, papers, records, and documents material to an investigation conducted by the office.

AB50,1282,22 (f) Attend any proceedings and deliberations relating to the granting or revocation of parole, extended supervision, or probation.

AB50,1282,23 (4) Investigations. The ombudsperson may investigate any of the following:

AB50,1283,2 (a) Complaints regarding state correctional institutions and abuse, unfair acts, and violations of rights of prisoners and juveniles.

AB50,1283,3 (b) The policies or practices of the department.

AB50,1283,4 (c) Any action by the department that may be contrary to law or rule.

AB50,1283,7 (d) Any other action by the department that has been alleged to be unreasonable, unfair, oppressive, or inconsistent with any policy or judgment of the department.

AB50,1283,9 (e) Procedures and practices that may lessen the risk that objectionable actions by the department may occur in the future.

AB50,1283,16 (5) Complaints. (a) The ombudsperson shall create a complaint form and provide sufficient blank copies of the form and self-sealing envelopes to state correctional institutions for distribution to prisoners and juveniles. Blank copies of the form and self-sealing envelopes shall be placed in locations where prisoners and juveniles regularly visit, such as a common area or library, and shall be provided upon request to a prisoner or juvenile. The department shall also make the form available on its website.

AB50,1283,20 (b) An operator of a state correctional institution shall immediately forward a complaint form described under par. (a) that has been completed by a prisoner or juvenile to the office. No individual other than an authorized employee of the office may open an envelope that contains a complaint form.