Chapter 16

16.13 16.13 Data collection. Upon the request of the midwest interstate low-level radioactive waste commission member representing the state, the department may require a generator, as defined under s. 16.11 (2) (j), to provide information necessary for the member to discharge his or her duties under s. 16.11.

16.13 History History: 1983 a. 393; 1995 a. 115.

16.15 16.15 Resource recovery and recycling program.

16.15(1) (1) Definitions. In this section:

16.15(1)(a) (a) “Agency” has the meaning given under s. 16.52 (7).

16.15(1)(ab) (ab) “Authority” has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, and the Wisconsin Economic Development Corporation.

16.15(1)(ae) (ae) “Cost of disposing of processed material” has the meaning given in s. 287.11 (2m) (a) 1.

16.15(1)(ah) (ah) “Cost of selling processed material” has the meaning given in s. 287.11 (2m) (a) 2.

16.15(1)(aj) (aj) “Major appliance” has the meaning given in s. 287.01 (3).

16.15(1)(am) (am) “Office wastepaper” means any wastepaper or wastepaper product generated by an agency.

16.15(1)(ar) (ar) “Processed material” has the meaning given in s. 287.11 (2m) (a) 3.

16.15(1)(b) (b) “Recovered material” has the meaning under s. 16.70 (11).

16.15(1)(c) (c) “Recyclable material” means material that is suitable for recycling.

16.15(1)(d) (d) “Recycled material” has the meaning under s. 16.70 (12).

16.15(1)(e) (e) “Recycling” has the meaning under s. 289.43 (1).

16.15(1)(f) (f) “Yard waste” has the meaning given in s. 287.01 (17).

16.15(2) (2) Program establishment. The department shall establish a resource recovery and recycling program to promote the reduction of solid waste by agencies and authorities, the separation, recovery and disposition of recyclable materials and the procurement of recycled materials and recovered materials. The department shall require each agency and authority to participate in the resource recovery and recycling program. The department shall also investigate opportunities for the inclusion of local governmental units in the resource recovery and recycling program and shall permit participation of local governmental units in the program when feasible.

16.15(3) (3) Source separation.

16.15(3)(a) (a) Requirements. Except as provided in par. (b), the department shall require each agency and authority to do all of the following:

16.15(3)(a)1. 1. Separate for recycling all lead acid batteries, waste oil and major appliances that are generated as solid waste by the agency or authority beginning on January 1, 1991.

16.15(3)(a)2. 2. Except as provided in this subdivision, separate for recycling at least 50 percent of yard waste that is generated by the agency or authority beginning on January 1, 1992, and all yard waste that is generated by the agency or authority beginning on January 1, 1993. An agency or authority may allow yard waste to be left where it falls or dispose of yard waste on the same property on which it is generated, in lieu of separation for recycling.

16.15(3)(a)3. 3. Separate for recycling at least 50 percent of each of the materials listed in s. 287.07 (3) or (4) that is generated as solid waste by the agency or authority beginning on January 1, 1993, and such greater amount of such materials as the department determines is reasonably feasible beginning on January 1, 1995.

16.15(3)(b) (b) Variance.

16.15(3)(b)1. 1. The department of natural resources shall, at the request of an agency or authority, grant a variance to a requirement under par. (a) 3. for up to one year for a material that is generated by the agency or authority in one or more locations if the department of natural resources determines that the cost of selling processed material exceeds any of the following:

16.15(3)(b)1.a. a. Forty dollars per ton of processed material, as annually adjusted by the department of natural resources to reflect changes in price levels due to inflation since 1989.

16.15(3)(b)1.b. b. The cost of disposing of processed material.

16.15(3)(b)2. 2. The department of natural resources may on its own initiative grant a variance to a requirement under par. (a) 3. for up to one year for a material that is generated by one or more state agencies or authorities in one or more locations if the department of natural resources determines that the cost of selling processed material exceeds the amount under subd. 1. a. or b.

16.15(3)(b)3. 3. The department of natural resources may grant a variance to a requirement under par. (a) for up to one year in the event of an unexpected emergency condition.

16.15 History History: 1987 a. 292; 1989 a. 335; 1995 a. 27, 227; 1999 a. 9; 2005 a. 74; 2007 a. 20; 2009 a. 28; 2011 a. 7, 10; 2013 a. 20.

16.18 16.18 Management assistance grants to certain counties.

16.18(1) (1) In this section, “eligible county” means a county that has a geographic area of less than 400 square miles and that contains no incorporated municipal territory.

16.18(2) (2) An eligible county may apply to the department for a management assistance grant annually in each state fiscal year for the purpose of assisting the county in funding one or more of the following functions:

16.18(2)(a) (a) Public security.

16.18(2)(b) (b) Public health.

16.18(2)(c) (c) Public infrastructure.

16.18(2)(d) (d) Public employee training.

16.18(2)(e) (e) Economic development.

16.18(2)(f) (f) General operations.

16.18(3) (3) No eligible county may receive a grant under this section unless the county maintains its financial records in accordance with accounting procedures established by the department of revenue, and unless the county submits to the department a detailed expenditure plan that identifies how the grant proceeds are proposed to be expended and how the proposed expenditures will enable the county to meet its goals for execution of the functions specified in sub. (2) for which the grant is requested.

16.18(4) (4) The department shall make grants to eligible counties from the appropriation under s. 20.505 (1) (ku).

16.18(5) (5) No county may receive a grant under this section in an amount exceeding $600,000 in any state fiscal year.

16.18 History History: 1999 a. 9; 2009 a. 28.

16.22 16.22 National and community service.

16.22(1) (1) Definitions. In this section:

16.22(1)(a) (a) “Board” means the national and community service board.

16.22(1)(b) (b) “Corporation” means the corporation for national and community service created under 42 USC 12651.

16.22(1)(c) (c) “National service program” means a program that addresses unmet human, educational, environmental or public safety needs and that receives financial assistance from the corporation or the board.

16.22(1)(dm) (dm) “Youth corps program” means a full-time, year-round national service program or a full-time, summer national service program that does all of the following:

16.22(1)(dm)1. 1. Undertakes meaningful service projects with visible public benefits, including natural resources, urban renovation and human resources projects.

16.22(1)(dm)2. 2. Includes as participants persons who have attained the age of 16 years but who have not attained the age of 26 years, including youths who are not enrolled in school and other disadvantaged youths.

16.22(1)(dm)3. 3. Provides those participants with crew-based, highly structured and adult-supervised work experience, life skills training, education, career guidance and counseling, employment training and support services and with the opportunity to develop citizenship values and skills through service to their community and country.

16.22(2) (2) Duties of the board. The board shall do all of the following:

16.22(2)(a) (a) Prepare and update annually, through an open and public participation process, a plan for the provision of national service programs in this state that covers a 3-year period, that ensures outreach to diverse community-based organizations serving underrepresented populations and that contains such information as the corporation may require.

16.22(2)(b) (b) Prepare applications for financial assistance from the corporation.

16.22(2)(c) (c) Prepare applications for approval by the corporation of national service program positions that are eligible for national service educational awards under 42 USC 12601 and 12604.

16.22(2)(d) (d) Make recommendations to the corporation concerning priorities for programs receiving federal domestic volunteer services assistance under 42 USC 4950 to 5091n.

16.22(2)(e) (e) Provide technical assistance to persons applying for financial assistance from the corporation to enable those persons to plan and implement national service programs.

16.22(2)(f) (f) Assist in providing health care and child care for participants in national service programs.

16.22(2)(g) (g) Provide a system for the recruitment and placement of participants in national service programs and disseminate information to the public concerning national service programs and positions in national service programs.

16.22(2)(h) (h) From the appropriations under s. 20.505 (4) (j) and (p), award grants to persons providing national service programs, giving priority to the greatest extent practicable to persons providing youth corps programs.

16.22(2)(i) (i) Provide oversight and evaluation of the national service programs funded under par. (h).

16.22(2)(j) (j) On request, provide projects, training methods, curriculum materials and other technical assistance to persons providing national service programs.

16.22(2)(k) (k) Coordinate its activities with the activities of the corporation and any state agency that administers federal financial assistance under 42 USC 9901 to 9912 or any other federal financial assistance program with which coordination would be appropriate.

16.22(2)(L) (L) Perform such other duties as may be required by the corporation.

16.22(3) (3) Delegation of duties. The board may not directly provide a national service program. Subject to any limitations that the corporation may prescribe, the board may delegate any of the duties specified in sub. (2), other than policy-making duties, to another state agency, a public agency or a nonprofit organization.

16.22(4) (4) State funding. The department shall annually determine the amount of funding for administrative support of the board that is required for this state to qualify for federal financial assistance to be provided to the board. The department shall apportion that amount equally among the departments of administration, health services, public instruction, and workforce development and shall assess those entities for the necessary funding. The department shall credit the moneys received to the appropriation account under s. 20.505 (4) (kb).

16.22 History History: 1993 a. 437, 491; 1995 a. 225; 1997 a. 237; 2007 a. 20 ss. 77, 9121 (6) (a); 2007 a. 97.

16.25 16.25 Service award program.

16.25(1) (1) In this section:

16.25(1)(am) (am) “Emergency medical responder” means an individual certified under s. 256.15 (8) (a).

16.25(1)(at) (at) “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).

16.25(1)(b) (b) “Internal Revenue Code” means the Internal Revenue Code, as defined for the current taxable year under s. 71.01 (6).

16.25(1)(c) (c) “Municipality” means a city, county, village or town.

16.25(1)(d) (d) “Program” means the service award program established under sub. (2).

16.25(2) (2) The department shall administer a program to provide length-of-service awards, described in 26 USC 457 (e) (11), to volunteer fire fighters in municipalities that operate volunteer fire departments or that contract with volunteer fire companies organized under ch. 181 or 213, to emergency medical responders in any municipality that authorizes emergency medical responders to provide emergency medical responder services, and to volunteer emergency medical services practitioners in any municipality that authorizes volunteer emergency medical services practitioners to provide emergency medical technical services in the municipality. To the extent permitted by federal law, the department shall administer the program so as to treat the length-of-service awards as a tax-deferred benefit under the Internal Revenue Code.

16.25(3) (3) The department shall administer the program so as to include all of the following features:

16.25(3)(a) (a) All municipalities that operate volunteer fire departments or that contract with a volunteer fire company organized under ch. 181 or 213, all municipalities that authorize emergency medical responders to provide emergency medical responder services, and all municipalities that authorize volunteer emergency medical services practitioners to provide emergency medical technical services are eligible to participate in the program.

16.25(3)(b) (b) Annual contributions in an amount determined by the municipality shall be paid by each municipality for each volunteer fire fighter, emergency medical responder, and emergency medical services practitioner who provides services for the municipality.

16.25(3)(c) (c) The municipality may select from among the plans offered by individuals or organizations under contract with the department under sub. (4) for the volunteer fire fighters, emergency medical responders, and emergency medical services practitioners who perform services for the municipality. The municipality shall pay the annual contributions directly to the individual or organization offering the plan selected by the municipality.

16.25(3)(d) (d) The department shall provide a match equal to twice the amount of all annual municipal contributions paid for volunteer fire fighters, emergency medical responders, and emergency medical services practitioners up to a state match of $390 per fiscal year, other than contributions paid for the purchase of additional years of service under par. (e), to be paid from the appropriation account under s. 20.505 (4) (er). This amount shall be adjusted annually on July 1 to reflect 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 12-month period ending on the preceding December 31. The department shall pay all amounts that are matched under this paragraph to the individuals and organizations offering the plans selected by the municipalities.

16.25(3)(e) (e) A municipality may purchase additional years of service for volunteer fire fighters, emergency medical responders, and emergency medical services practitioners. The number of additional years of service that may be purchased under this paragraph may not exceed the number of years of volunteer fire fighting, emergency medical responder service, or emergency medical technical service performed by the volunteer fire fighter, emergency medical responder, or emergency medical services practitioner for the municipality.

16.25(3)(f) (f) Except in the case of a volunteer fire fighter, emergency medical responder, or emergency medical services practitioner or the beneficiary of a volunteer fire fighter, emergency medical responder, or emergency medical services practitioner eligible for a lump sum under par. (i), a vesting period of 10 years of volunteer fire fighting, emergency medical responder service, or emergency medical technical service for a municipality shall be required before a volunteer fire fighter, emergency medical responder, or emergency medical services practitioner may receive any benefits under the program.

16.25(3)(g) (g) A volunteer fire fighter, emergency medical responder, or emergency medical services practitioner shall be paid a length of service award either in a lump sum or in a manner specified by rule, consisting of all municipal and state contributions made on behalf of the volunteer fire fighter, emergency medical responder, or emergency medical services practitioner and all earnings on the contributions, less any expenses incurred in the investment of the contributions and earnings, after the volunteer fire fighter, emergency medical responder, or emergency medical services practitioner attains 15 years of service for a municipality and reaches the age of 60. If a volunteer fire fighter, emergency medical responder, or emergency medical services practitioner has satisfied all vesting requirements under the program but has at least 10 but less than 15 years of service for a municipality or has reached the age of 53 but has not reached the age of 60, the program shall provide for the payment of a length of service award either in a lump sum or in a manner specified by rule in an amount to be determined by the department, but less than the amount paid to a volunteer fire fighter, emergency medical responder, or emergency medical services practitioner who has attained 15 years of service for a municipality and has reached the age of 60. The department shall promulgate rules implementing this paragraph.

16.25(3)(i) (i)

16.25(3)(i)1. 1. The beneficiary of a volunteer fire fighter, emergency medical responder, or emergency medical services practitioner who is killed in the line of duty or while actively engaged in the rendering of volunteer fire fighting, emergency medical responder, or emergency medical technical service shall be paid a length of service award either in a lump sum or in a manner specified by rule, consisting of all municipal and state contributions made on behalf of the volunteer fire fighter, emergency medical responder, or emergency medical services practitioner and all earnings on the contributions, less any expenses incurred in the investment of the contributions and earnings.

16.25(3)(i)2. 2. A volunteer fire fighter, emergency medical responder, or emergency medical services practitioner who becomes disabled during his or her service as a volunteer fire fighter, emergency medical responder, or emergency medical services practitioner for the municipality shall be paid a length of service award either in a lump sum or in a manner specified by rule, in an amount to be determined by the department.

16.25(3)(j) (j) The account of any volunteer fire fighter, emergency medical responder, or emergency medical services practitioner who has not met all of the vesting requirements under the program, who has not provided volunteer fire fighting, emergency medical responder, or emergency medical technical services for a municipality for a period of 12 months or more, who does not meet any other program requirement established by the municipality, and who has not been granted a leave of absence by his or her supervisor shall be closed.

16.25(3)(k) (k) The department shall equitably allocate all moneys in accounts of volunteer fire fighters, emergency medical responders, and emergency medical services practitioners that have been closed to the accounts of volunteer fire fighters, emergency medical responders, and emergency medical services practitioners that have not been forfeited or closed.

16.25(4) (4)