AB40, s. 2337 12Section 2337. 101.14 (4) (b) 3. d. of the statutes is amended to read:
AB40,933,1913 101.14 (4) (b) 3. d. Every residence hall and dormitory, the initial construction
14of which is begun on or after January 7, 2006, that is owned or operated by an
15institution of higher education, other than a residence hall or dormitory that is
16owned or operated by the Board of Regents of the University of Wisconsin System or
17the Board of Trustees of the University of Wisconsin–Madison
, to have an automatic
18fire sprinkler system installed on each floor at the time the residence hall or
19dormitory is constructed.
AB40, s. 2338 20Section 2338. 101.143 (2) (d) of the statutes is amended to read:
AB40,933,2421 101.143 (2) (d) The department shall reserve a portion, not to exceed 20%, of
22the amount annually appropriated under s. 20.143 (3) 20.165 (2) (v) for awards under
23this section to be used to fund emergency remedial action and claims that exceed the
24amount initially anticipated.
AB40, s. 2339 25Section 2339. 101.143 (2) (h) (intro.) of the statutes is amended to read:
AB40,934,4
1101.143 (2) (h) (intro.) The department of commerce safety and professional
2services
and the department of natural resources, jointly, shall promulgate rules
3designed to facilitate effective and cost-efficient administration of the program
4under this section that specify all of the following:
AB40, s. 2340 5Section 2340. 101.143 (2) (i) (intro.) of the statutes is amended to read:
AB40,934,116 101.143 (2) (i) (intro.) The department of commerce safety and professional
7services
and the department of natural resources, jointly, shall promulgate rules
8specifying procedures for evaluating remedial action plans and procedures to be used
9by employees of the department of commerce safety and professional services and the
10department of natural resources while remedial actions are being conducted. The
11departments shall specify procedures that include all of the following:
AB40, s. 2341 12Section 2341. 101.143 (2) (j) (intro.) of the statutes is amended to read:
AB40,934,1513 101.143 (2) (j) (intro.) The department of commerce safety and professional
14services
and the department of natural resources, jointly, shall promulgate rules
15specifying all of the following:
AB40, s. 2342 16Section 2342. 101.143 (2) (k) of the statutes is amended to read:
AB40,935,417 101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of
18commerce safety and professional services and the department of natural resources
19shall attempt to reach an agreement that is consistent with those provisions. If the
20department of commerce safety and professional services and the department of
21natural resources are unable to reach an agreement, they shall refer the matters on
22which they are unable to agree to the secretary of administration for resolution. The
23secretary of administration shall resolve any matters on which the departments
24disagree in a manner that is consistent with pars. (h) to (j). The department of
25commerce safety and professional services and the department of natural resources,

1jointly, shall promulgate rules incorporating any agreement between the
2department of commerce safety and professional services and the department of
3natural resources under this paragraph and any resolution of disagreements
4between the departments by the secretary of administration under this paragraph.
AB40, s. 2343 5Section 2343. 101.143 (2) (L) of the statutes is amended to read:
AB40,935,106 101.143 (2) (L) The department may promulgate rules for the assessment and
7collection of fees to recover its costs for providing approval under sub. (3) (c) 4. and
8for providing other assistance requested by applicants under this section. Any
9moneys collected under this paragraph shall be credited to the appropriation account
10under s. 20.143 (3) 20.165 (2) (Lm).
AB40, s. 2344 11Section 2344. 101.143 (2e) (a) of the statutes is amended to read:
AB40,935,1812 101.143 (2e) (a) The department of commerce safety and professional services
13and the department of natural resources shall attempt to agree on a method, which
14shall include individualized consideration of the routes for migration of petroleum
15product contamination at each site, for determining the risk to public health, safety
16and welfare and to the environment posed by discharges for which the department
17of commerce safety and professional services receives notification under sub. (3) (a)
183.
AB40, s. 2345 19Section 2345. 101.143 (2e) (b) of the statutes is amended to read:
AB40,936,520 101.143 (2e) (b) If the department of commerce safety and professional services
21and the department of natural resources are unable to reach an agreement under
22par. (a), they shall refer the matters on which they are unable to agree to the
23secretary of administration for resolution. The secretary of administration shall
24resolve any matters on which the departments disagree in a manner that is
25consistent with par. (a). The department of commerce safety and professional

1services
and the department of natural resources, jointly, shall promulgate rules
2incorporating any agreement between the department of commerce safety and
3professional services
and the department of natural resources under par. (a) and any
4resolution of disagreements between the departments by the secretary of
5administration under this paragraph.
AB40, s. 2346 6Section 2346. 101.143 (2e) (c) of the statutes is amended to read:
AB40,936,117 101.143 (2e) (c) The department of natural resources or, if the discharge is
8covered under s. 101.144 (2) (b), the department of commerce safety and professional
9services
shall apply the method in the rules promulgated under par. (b) to determine
10the risk posed by a discharge for which the department of commerce safety and
11professional services
receives notification under sub. (3) (a) 3.
AB40, s. 2347 12Section 2347. 101.143 (2m) of the statutes is amended to read:
AB40,936,1813 101.143 (2m) Interdepartmental coordination. Whenever the department of
14commerce safety and professional services receives a notification under sub. (3) (a)
153. or the department of natural resources receives a notification of a petroleum
16product discharge under s. 292.11, the department receiving the notification shall
17contact the other department and shall schedule a meeting of the owner or operator
18or person owning a home oil tank system and representatives of both departments.
AB40, s. 2348 19Section 2348. 101.143 (3) (c) 4. of the statutes is amended to read:
AB40,936,2320 101.143 (3) (c) 4. Receive written approval from the department of natural
21resources or, if the discharge is covered under s. 101.144 (2) (b), from the department
22of commerce safety and professional services that the remedial action activities
23performed under subd. 3. meet the requirements of s. 292.11.
AB40, s. 2349 24Section 2349. 101.143 (3) (cm) of the statutes is amended to read:
AB40,937,6
1101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person
2owning a home oil tank system may, with the approval of the department of natural
3resources or, if the discharge is covered under s. 101.144 (2) (b), the department of
4commerce safety and professional services, satisfy the requirements of par. (c) 2. and
53. by proposing and implementing monitoring to ensure the effectiveness of natural
6attenuation of petroleum product contamination.
AB40, s. 2350 7Section 2350. 101.143 (3) (cp) 1. of the statutes is amended to read:
AB40,937,148 101.143 (3) (cp) 1. Except as provided in subds. 2. to 5., if the department of
9natural resources or, if the site is covered under s. 101.144 (2) (b), the department of
10commerce safety and professional services estimates that the cost to complete a site
11investigation, remedial action plan and remedial action for an occurrence exceeds
12$60,000, the department of commerce safety and professional services shall
13implement a competitive public bidding process to obtain information to assist in
14making the determination under par. (cs).
AB40, s. 2351 15Section 2351. 101.143 (3) (cp) 2. of the statutes is amended to read:
AB40,937,2016 101.143 (3) (cp) 2. The department of commerce safety and professional
17services
or the department of natural resources may waive the requirement under
18subd. 1. if an enforcement standard is exceeded in groundwater within 1,000 feet of
19a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any
20other well used to provide water for human consumption.
AB40, s. 2352 21Section 2352. 101.143 (3) (cp) 5. of the statutes is amended to read:
AB40,937,2422 101.143 (3) (cp) 5. The department of commerce safety and professional
23services
or the department of natural resources may waive the requirement under
24subd. 1. after providing notice to the other department.
AB40, s. 2353 25Section 2353. 101.143 (3) (cp) 6. of the statutes is amended to read:
AB40,938,5
1101.143 (3) (cp) 6. The department of commerce safety and professional
2services
may disqualify a bid received under subd. 1. if, based on information
3available to the department and experience with remedial action at other sites, the
4bid is unlikely to establish an amount to sufficiently fund remedial action that will
5comply with par. (c) 3. and with enforcement standards.
AB40, s. 2354 6Section 2354. 101.143 (3) (cp) 7. of the statutes is amended to read:
AB40,938,107 101.143 (3) (cp) 7. The department of commerce safety and professional
8services
may disqualify a person from submitting bids under subd. 1. if, based on past
9performance of the bidder, the department determines that the person has
10demonstrated an inability to complete remedial action within established cost limits.
AB40, s. 2355 11Section 2355. 101.143 (3) (cs) 1. of the statutes is amended to read:
AB40,938,1812 101.143 (3) (cs) 1. The department of commerce safety and professional
13services
shall review the remedial action plan for a site that is classified as low or
14medium risk under s. 101.144 and shall determine the least costly method of
15complying with par. (c) 3. and with enforcement standards. The department shall
16notify the owner or operator of its determination of the least costly method and shall
17notify the owner or operator that reimbursement for remedial action under this
18section is limited to the amount necessary to implement that method.
AB40, s. 2356 19Section 2356. 101.143 (3) (cs) 2. of the statutes is amended to read:
AB40,939,220 101.143 (3) (cs) 2. The department of natural resources and the department of
21commerce safety and professional services shall review the remedial action plan for
22a site that is classified as high risk under s. 101.144 and shall jointly determine the
23least costly method of complying with par. (c) 3. and with enforcement standards.
24The departments shall notify the owner or operator of their determination of the
25least costly method and shall notify the owner or operator that reimbursement for

1remedial action under this section is limited to the amount necessary to implement
2that method.
AB40, s. 2357 3Section 2357. 101.143 (3) (cs) 3. of the statutes is amended to read:
AB40,939,74 101.143 (3) (cs) 3. In making determinations under subds. 1. and 2., the
5department of natural resources and the department of commerce safety and
6professional services
shall determine whether natural attenuation will achieve
7compliance with par. (c) 3. and with enforcement standards.
AB40, s. 2358 8Section 2358. 101.143 (3) (cs) 4. of the statutes is amended to read:
AB40,939,169 101.143 (3) (cs) 4. The department of commerce safety and professional
10services
may review and modify an amount established under subd. 1. if the
11department determines that new circumstances, including newly discovered
12contamination at a site, warrant those actions. The department of commerce safety
13and professional services
and the department of natural resources may review and
14modify an amount established under subd. 2. if the departments determine that new
15circumstances, including newly discovered contamination at a site, warrant those
16actions.
AB40, s. 2359 17Section 2359. 101.143 (3) (cw) 1. of the statutes is amended to read:
AB40,940,218 101.143 (3) (cw) 1. The department of commerce safety and professional
19services
shall conduct the annual review required under sub. (2) (i) 1. for a site that
20is classified as low or medium risk under s. 101.144 and shall determine the least
21costly method of completing remedial action at the site in order to comply with par.
22(c) 3. and with enforcement standards. The department shall notify the owner or
23operator of its determination of the least costly method and shall notify the owner
24or operator that reimbursement under this section for any remedial action conducted

1after the date of the notice is limited to the amount necessary to implement that
2method.
AB40, s. 2360 3Section 2360. 101.143 (3) (cw) 2. of the statutes is amended to read:
AB40,940,124 101.143 (3) (cw) 2. The department of natural resources and the department
5of commerce safety and professional services shall conduct the annual review
6required under sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144
7and shall jointly determine the least costly method of completing remedial action at
8the site in order to comply with par. (c) 3. and with enforcement standards. The
9departments shall notify the owner or operator of their determination of the least
10costly method and shall notify the owner or operator that reimbursement under this
11section for remedial action conducted after the date of the notice is limited to the
12amount necessary to implement that method.
AB40, s. 2361 13Section 2361. 101.143 (3) (cw) 3. of the statutes is amended to read:
AB40,940,1714 101.143 (3) (cw) 3. In making determinations under subds. 1. and 2., the
15department of natural resources and the department of commerce safety and
16professional services
shall determine whether natural attenuation will achieve
17compliance with par. (c) 3. and with enforcement standards.
AB40, s. 2362 18Section 2362. 101.143 (3) (cw) 4. of the statutes is amended to read:
AB40,941,219 101.143 (3) (cw) 4. The department of commerce safety and professional
20services
may review and modify an amount established under subd. 1. if the
21department determines that new circumstances, including newly discovered
22contamination at a site, warrant those actions. The department of commerce safety
23and professional services
and the department of natural resources may review and
24modify an amount established under subd. 2. if the departments determine that new

1circumstances, including newly discovered contamination at a site, warrant those
2actions.
AB40, s. 2363 3Section 2363. 101.143 (3) (d) of the statutes is amended to read:
AB40,941,84 101.143 (3) (d) Final review of remedial action activities. The department of
5natural resources or, if the discharge is covered under s. 101.144 (2) (b), the
6department of commerce safety and professional services shall complete a final
7review of the remedial action activities within 60 days after the claimant notifies the
8appropriate department that the remedial action activities are completed.
AB40, s. 2364 9Section 2364. 101.143 (3) (f) 5. of the statutes is amended to read:
AB40,941,1110 101.143 (3) (f) 5. The written approval of the department of natural resources
11or the department of commerce safety and professional services under par. (c) 4.
AB40, s. 2365 12Section 2365. 101.143 (3) (g) of the statutes is amended to read:
AB40,941,2213 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1.
14and 2., an owner or operator or the person may submit a claim for an award under
15sub. (4) after notifying the department under par. (a) 3., without completing an
16investigation under par. (c) 1. and without preparing a remedial action plan under
17par. (c) 2. if an emergency existed which made the investigation under par. (c) 1. and
18the remedial action plan under par. (c) 2. inappropriate and, before conducting
19remedial action, the owner or operator or person notified the department of
20commerce safety and professional services and the department of natural resources
21of the emergency and the department of commerce safety and professional services
22and the department of natural resources authorized emergency action.
AB40, s. 2366 23Section 2366. 101.143 (4) (a) 6. of the statutes is amended to read:
AB40,942,3
1101.143 (4) (a) 6. In any fiscal year, the department may not award more than
25% of the amount appropriated under s. 20.143 (3) 20.165 (2) (v) as awards for
3petroleum product storage systems described in par. (ei).
AB40, s. 2367 4Section 2367. 101.143 (4) (a) 7. of the statutes is amended to read:
AB40,942,85 101.143 (4) (a) 7. In any fiscal year, the department may not award more than
65% of the amount appropriated under s. 20.143 (3) 20.165 (2) (v) as awards for
7petroleum product storage systems that are owned by school districts and that are
8used for storing heating oil for consumptive use on the premises where stored.
AB40, s. 2368 9Section 2368. 101.143 (4) (cc) 2. b. of the statutes is amended to read:
AB40,942,1310 101.143 (4) (cc) 2. b. An applicant that is engaged in the expansion or
11redevelopment of brownfields, as defined in s. 560.13 238.13 (1) (a), if federal or state
12financial assistance other than under this section, has been provided for that
13expansion or redevelopment.
AB40, s. 2369 14Section 2369. 101.143 (4) (ei) 2m. of the statutes is amended to read:
AB40,942,1915 101.143 (4) (ei) 2m. The owner or operator of the farm tank has received a letter
16or notice from the department of commerce safety and professional services or
17department of natural resources indicating that the owner or operator must conduct
18a site investigation or remedial action because of a discharge from the farm tank or
19an order to conduct such an investigation or remedial action.
AB40, s. 2370 20Section 2370. 101.143 (4) (es) 1. of the statutes is amended to read:
AB40,943,221 101.143 (4) (es) 1. The department shall issue an award for a claim filed after
22August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987,
23by an owner or operator or a person owning a home oil tank system in investigating
24the existence of a discharge or investigating the presence of petroleum products in
25soil or groundwater if the investigation is undertaken at the written direction of the

1department of commerce safety and professional services or the department of
2natural resources and no discharge or contamination is found.
AB40, s. 2371 3Section 2371. 101.144 (3) (b) of the statutes is amended to read:
AB40,943,54 101.144 (3) (b) The department of commerce safety and professional services
5requests the department of natural resources to take the action or issue the order.
AB40, s. 2372 6Section 2372. 101.144 (3) (c) of the statutes is amended to read:
AB40,943,87 101.144 (3) (c) The secretary of natural resources approves the action or order
8in advance after notice to the secretary of commerce safety and professional services.
AB40, s. 2373 9Section 2373. 101.144 (3g) (a) of the statutes is amended to read:
AB40,944,310 101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified
11under this section, excluding sites that are contaminated by a hazardous substance
12other than a petroleum product or an additive to a petroleum product, are classified
13as high-risk sites, the department of commerce safety and professional services and
14the department of natural resources shall attempt to reach an agreement that
15specifies standards for determining whether the site of a discharge of a petroleum
16product from a petroleum storage tank is classified as high risk. The standards shall
17be designed to classify no more than 35% of those sites as high-risk sites and may
18not classify all sites at which an enforcement standard is exceeded as high-risk sites.
19If the department of commerce safety and professional services and the department
20of natural resources are unable to reach an agreement, they shall refer the matters
21on which they are unable to agree to the secretary of administration for resolution.
22The secretary of administration shall resolve any matters on which the departments
23disagree in a manner that is consistent with this paragraph. The department of
24commerce safety and professional services shall promulgate rules incorporating any
25agreement between the department of commerce safety and professional services

1and the department of natural resources under this paragraph and any resolution
2of disagreements between the departments by the secretary of administration under
3this paragraph.
AB40, s. 2374 4Section 2374. 101.144 (3g) (b) of the statutes is amended to read:
AB40,944,105 101.144 (3g) (b) If, 6 months after rules under par. (a) are in effect, more than
635% of the sites classified under this section, excluding sites that are contaminated
7by a hazardous substance other than a petroleum product or an additive to a
8petroleum product, are classified as high-risk sites, the department of commerce
9safety and professional services shall revise the rules using the procedure for
10promulgating the rules in par. (a).
AB40, s. 2375 11Section 2375. 101.144 (3m) (a) (intro.) of the statutes is amended to read:
AB40,944,1412 101.144 (3m) (a) (intro.) The department of commerce safety and professional
13services
and the department of natural resources shall enter into a memorandum of
14understanding that does all of the following:
AB40, s. 2376 15Section 2376. 101.144 (3m) (b) of the statutes is amended to read:
AB40,944,2016 101.144 (3m) (b) The department of commerce safety and professional services
17and the department of natural resources shall submit a memorandum of
18understanding under this subsection to the secretary of administration for review.
19A memorandum of understanding under this subsection does not take effect until it
20is approved by the secretary of administration.
AB40, s. 2377 21Section 2377. 101.149 (6) (b) of the statutes is amended to read:
AB40,945,722 101.149 (6) (b) The department shall promulgate rules, in consultation with
23the department of health services, under which the department of commerce safety
24and professional services
shall authorize certified heating, ventilating, and air
25conditioning inspectors to conduct regular inspections of sealed combustion units, as

1required under par. (5) (c), for carbon monoxide emissions in residential buildings
2other than hotels, tourist rooming houses, and bed and breakfast establishments.
3The rules shall specify conditions under which it may issue orders as specified under
4sub. (8) (a). The rules may not require the department of commerce safety and
5professional services
to authorize inspection of sealed combustion units during the
6period in which the sealed combustion units are covered by a manufacturer's
7warranty against defects.
AB40, s. 2378 8Section 2378. 101.149 (8) (a) of the statutes is amended to read:
AB40,945,179 101.149 (8) (a) If the department of commerce safety and professional services
10or the department of health services determines after an inspection of a building
11under this section or s. 254.74 (1g) that the owner of the building has violated sub.
12(2) or (3), the respective department shall issue an order requiring the person to
13correct the violation within 5 days or within such shorter period as the respective
14department determines is necessary to protect public health and safety. If the person
15does not correct the violation within the time required, he or she shall forfeit $50 for
16each day of violation occurring after the date on which the respective department
17finds that the violation was not corrected.
AB40, s. 2379 18Section 2379. 101.563 (2) (b) 1. of the statutes is amended to read:
AB40,946,1019 101.563 (2) (b) 1. `Payments from calendar year 2001 dues.' Notwithstanding
20s. 101.573 (3) (a), by the 30th day following July 30, 2002, the department shall
21compile the fire department dues paid by all insurers under s. 601.93 and the dues
22paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573
23(3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%, and
24certify to the secretary of administration the proper amount to be paid from the
25appropriation under s. 20.143 (3) 20.165 (2) (L) to each city, village, and town entitled

1to a proportionate share of fire department dues as provided under sub. (1) (b) and
2s. 101.575. If the department has previously certified an amount to the secretary of
3administration under s. 101.573 (3) (a) during calendar year 2002, the department
4shall recertify the amount in the manner provided under this subdivision. On or
5before August 1, 2002, the secretary of administration shall pay the amounts
6certified or recertified by the department under this subdivision to each city, village,
7and town entitled to a proportionate share of fire department dues as provided under
8sub. (1) and s. 101.575. The secretary of administration may combine any payment
9due under this subdivision with any amount due to be paid on or before August 1,
102002, to the same city, village, or town under par. (a).
AB40, s. 2380 11Section 2380. 101.563 (2) (b) 2. of the statutes is amended to read:
AB40,946,2312 101.563 (2) (b) 2. `Payments from dues for calendar years 2002 to 2004.'
13Notwithstanding s. 101.573 (3) (a) and except as otherwise provided in this
14subdivision, on or before May 1 in each year, the department shall compile the fire
15department dues paid by all insurers under s. 601.93 and the dues paid by the state
16fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold
170.5% and certify to the secretary of administration the proper amount to be paid from
18the appropriation under s. 20.143 (3) 20.165 (2) (L) to each city, village, and town
19entitled to a proportionate share of fire department dues as provided under sub. (1)
20(b) and s. 101.575. Annually, on or before August 1, the secretary of administration
21shall pay the amounts certified by the department to each such city, village, and
22town. This paragraph applies only to payment of a proportionate share of fire
23department dues collected for calendar years 2002 to 2004.
AB40, s. 2381 24Section 2381. 101.573 (3) (a) of the statutes is amended to read:
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