AB150-engrossed, s. 3651
9Section
3651. 101.04 of the statutes is renumbered 103.04, and 103.04 (1), as
10renumbered, is amended to read:
AB150-engrossed,1271,1311
103.04
(1) The commission shall issue its decision in any case where a petition
12for review is filed under ch. 102 or 108 or s. 66.191, 1981 stats., or s. 40.65 (2),
101.22 13106.04 (10),
101.223 106.07 (4), 111.39, 303.07 (7) or 303.21.
AB150-engrossed,1271,2015
101.05
(2) A bed and breakfast establishment, as defined under s. 254.61 (1),
16is not subject to rules on residential occupancy or to other building codes adopted by
17the department under this subchapter, except that the uniform dwelling code
18specified in s. 101.62 adopted in rules promulgated under s. 101.63 (1) applies to the
193rd floor level of a bed and breakfast establishment that uses, other than as storage,
20the 3rd floor level of the bed and breakfast establishment structure.
AB150-engrossed,1272,222
101.055
(1) Intent. It is the intent of this section to give employes of the state,
23of any
state agency and of any political subdivision of this state rights and protections
24relating to occupational safety and health equivalent to those granted to employes
25in the private sector under the occupational safety and health act of 1970 (
5 USC
15108,
5314,
5315 and
7902;
15 USC 633 and
636;
18 USC 1114;
29 USC 553 and
651 2to
678;
42 USC 3142-1 and
49 USC 1421).
AB150-engrossed,1272,54
101.055
(2) (b) "Public employe" or "employe" means any employe of the state,
5of any
state agency or of any political subdivision of the state.
AB150-engrossed,1272,87
101.055
(2) (d) "Public employer" or "employer" means the state, any
state 8agency or any political subdivision of the state.
AB150-engrossed,1272,2110
101.055
(5) (a) A public employe or public employe representative who believes
11that a safety or health standard or variance is being violated, or that a situation
12exists which poses a recognized hazard likely to cause death or serious physical
13harm, may request the department to conduct an inspection. The department shall
14provide forms which may be used to make a request for an inspection. If the employe
15or public employe representative requesting the inspection so designates, that
16person's name shall not be disclosed to the employer or any other person, including
17any
state agency except the department. If the department decides not to make an
18inspection, it shall notify in writing any employe or public employe representative
19making a written request. A decision by the department not to make an inspection
20in response to a request under this subsection is reviewable by the department under
21sub. (6) (a) 3. and is subject to judicial review under sub. (6) (a) 4.
AB150-engrossed,1273,3
1101.055
(8) (ag) In this subsection, "division of equal rights" means the division
2of equal rights in the department of industry, labor and human relations acting
3under the authority provided in s. 106.06 (4).
AB150-engrossed,1273,135
101.055
(8) (b) A state employe who believes that he or she has been discharged
6or otherwise discriminated against by a public employer in violation of par.
(a) (ar) 7may file a complaint with the personnel commission alleging discrimination or
8discharge, within 30 days after the employe received knowledge of the
9discrimination or discharge. A public employe other than a state employe who
10believes that he or she has been discharged or otherwise discriminated against by
11a public employer in violation of par.
(a) (ar) may file a complaint with the division
12of equal rights
of the department alleging discrimination or discharge, within 30
13days after the employe received knowledge of the discrimination or discharge.
AB150-engrossed,1274,515
101.055
(8) (c) Upon receipt of a complaint, the personnel commission or the
16division of equal rights, whichever is applicable, shall, except as provided in s. 230.45
17(1m), investigate the complaint and determine whether there is probable cause to
18believe that a violation of par.
(a) (ar) has occurred. If the personnel commission or
19the division of equal rights finds probable cause it shall attempt to resolve the
20complaint by conference, conciliation or persuasion. If the complaint is not resolved,
21the personnel commission or the division of equal rights shall hold a hearing on the
22complaint within 60 days after receipt of the complaint unless both parties to the
23proceeding agree otherwise. Within 30 days after the close of the hearing, the
24personnel commission or the division of equal rights shall issue its decision. If the
25personnel commission or the division of equal rights determines that a violation of
1par.
(a) (ar) has occurred, it shall order appropriate relief for the employe, including
2restoration of the employe to his or her former position with back pay, and shall order
3any action necessary to ensure that no further discrimination occurs. If the
4personnel commission or the division of equal rights determines that there has been
5no violation of par.
(a) (ar), it shall issue an order dismissing the complaint.
AB150-engrossed,1274,117
101.12
(1) (intro.)
The Except for plans that are reviewed by the department
8of health and social services under ss. 50.02 (2) (b) and 50.36 (2), the department shall
9require the submission of essential drawings, calculations and specifications for
10public buildings, public structures and places of employment including the following
11components:
AB150-engrossed,1275,313
101.12
(5) (c)
If an application submitted under par. (b) requests inspection or
14copying of plans for a secure structure or proposed secure structure that is or is
15anticipated to be owned by or leased to the state, the plans are not subject to the right
16of inspection or copying except as the department of administration otherwise
17provides by rule. If an application submitted under par. (b) requests inspection or
18copying of plans for
a any other secure structure or proposed secure structure, the
19department, city, village, town or county shall consider the information supplied in
20the application and weigh the possible harm to the public interest which may result
21from permitting inspection and copying of the plans against the benefits of allowing
22such inspection or copying. If the department, city, village, town or county
23determines that the possible harm to the public interest outweighs the benefit to the
24requester and to the public interest of allowing such inspection or copying, it may
25deny the application or grant it upon such conditions as it determines are necessary
1to protect the public interest. This paragraph does not apply to an application
2submitted by a law enforcement agency or person authorized to have access to the
3plans by lawful subpoena.
AB150-engrossed,1275,85
101.123
(1) (b) "Inpatient health care facility" means a county home
6established under s.
49.14 49.70, a county infirmary established under s.
49.171 749.72, a community-based residential facility or a nursing home licensed under s.
850.03 or a tuberculosis sanatorium established under s. 58.06, 252.073 or 252.076.
AB150-engrossed,1275,1910
101.125
(1) (a) "Building" means a
"place of employment" as defined in s. 101.01
11(2) (f) and a "public building" as defined in s. 101.01 (2) (g)
place of employment or
12a public building and includes, without limitation because of enumeration,
13wholesale and retail stores, storerooms, office buildings, factories, warehouses,
14governmental buildings, hotels, hospitals, motels, dormitories, sanatoriums,
15nursing homes, retirement homes, theaters, stadiums, gymnasiums, amusement
16park buildings, schools and other buildings used for educational purposes, places of
17worship and other places of public assembly and all residences including mobile
18homes, manufactured or industrialized housing, lodging homes and any other
19building used as a dwelling for one or more persons.
AB150-engrossed,1276,222
101.14
(1) (c) The department is hereby empowered and directed to provide the
23form of a course of study in fire prevention for use in the public schools, dealing with
24the protection of lives and property against loss or damage as a result of preventable
1fires, and transmit the same by the first day of August in each year to the
state
2superintendent department of
public instruction education.
AB150-engrossed,1276,4
4101.143 (title)
Petroleum storage remedial action; financial assistance.
AB150-engrossed,1276,96
101.143
(2) (d) The department shall reserve a portion, not to exceed 20%, of
7the amount annually appropriated under s.
20.445 (1)
20.143 (3) (v) for awards under
8this section to be used to fund emergency remedial action and claims that exceed the
9amount initially anticipated.
AB150-engrossed,1276,1611
101.143
(2m) Interdepartmental coordination. Whenever the department of
12industry, labor and human relations development receives a notification under sub.
13(3) (a) 3. or the department of natural resources receives a notification of a petroleum
14product discharge under s. 144.76, the department receiving the notification shall
15contact the other department and shall schedule a meeting of the owner or operator
16or person owning a home oil tank system and representatives of both departments.
AB150-engrossed,1276,2418
101.143
(3) (ae) 1. An owner or operator or a person owning a home oil tank
19system is not eligible for an award under this section for costs incurred because of
20a petroleum product discharge from a petroleum product storage system or a home
21oil tank system that meets the performance standards in
40 CFR 280.20 or
s. ILHR
2210.51, Wis. adm. code in rules promulgated by the department relating to
23underground storage tank systems installed after December 22, 1988, except as
24provided in subd. 2.
AB150-engrossed,1277,15
1101.143
(3) (ae) 2. If a petroleum product storage system or home oil tank
2system that meets the performance standards in
40 CFR 280.20 or
s. ILHR 10.51,
3Wis. adm. code in rules promulgated by the department relating to underground
4storage tank systems installed after December 22, 1988, is located on a site on which
5a petroleum product discharge is confirmed before the date on which the petroleum
6product storage system or home oil tank system is installed and the department of
7natural resources does not issue a case closure letter with respect to that discharge
8before the installation date, then the owner or operator or person owning the home
9oil tank system remains eligible for an award for costs incurred because of a
10petroleum product discharge, from that petroleum product storage system or home
11oil tank system, which is confirmed, and with respect to which activities under par.
12(c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on
13which the department of natural resources issues a case closure letter with respect
14to the discharge that occurred before the installation of the petroleum product
15storage system or home oil tank system, whichever is earlier.
AB150-engrossed,1277,2517
101.143
(3) (am) 1. An owner or operator or a person owning a home oil tank
18system is not eligible for an award under this section for costs incurred because of
19a petroleum product discharge from a petroleum product storage system or a home
20oil tank system if the discharge is confirmed, or activities under par. (c) or (g) are
21begun with respect to that discharge, after the day on which the petroleum product
22storage system or home oil tank system first meets the upgrading requirements in
2340 CFR 280.21 (b) to (d) or
s. ILHR 10.52 (2) to (4), Wis. adm. code in rules
24promulgated by the department relating to the upgrading of existing underground
25storage tank systems, except as provided in subds. 2. to 4.
AB150-engrossed,1278,152
101.143
(3) (am) 2. If a petroleum product storage system or home oil tank
3system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or
s. ILHR
410.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to
5the upgrading of existing underground storage tank systems, after December 31,
61993, and the owner or operator or person owning the home oil tank system applies
7for private pollution liability insurance covering the petroleum product storage
8system or home oil tank system within 30 days after the day on which the petroleum
9product storage system or home oil tank system first meets those upgrading
10requirements, then the owner or operator or person remains eligible for an award for
11costs incurred because of a petroleum product discharge, from that petroleum
12product storage system or home oil tank system, which is confirmed, and with respect
13to which activities under par. (c) or (g) are begun, before the 91st day after the day
14on which the petroleum product storage system or home oil tank system first meets
15those upgrading requirements.
AB150-engrossed,1279,617
101.143
(3) (am) 4. If a petroleum product storage system or home oil tank
18system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or
s. ILHR
1910.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to
20the upgrading of existing underground storage tank systems, after April 30, 1991,
21and is located on a site on which a petroleum product discharge is confirmed before
22the date on which the petroleum product storage system or home oil tank system first
23meets those upgrading requirements and the department of natural resources does
24not issue a case closure letter with respect to that discharge before that date, then
25the owner or operator or person owning the home oil tank system remains eligible
1for an award for costs incurred because of a petroleum product discharge, from that
2petroleum product storage system or home oil tank system, which is confirmed, and
3with respect to which activities under par. (c) or (g) are begun, before January 1,
41996, or before the 91st day after the day on which the department of natural
5resources issues a case closure letter with respect to the discharge that occurred
6before the upgrading requirements were met, whichever is earlier.
AB150-engrossed,1279,238
101.143
(3) (as) 4. If the department issues an award under this section for
9remedial action activities that were necessitated by a petroleum product discharge
10from a petroleum product storage system or home oil tank system that does not meet
11the performance standards in
40 CFR 280.20 or
s. ILHR 10.51, Wis. adm. code in
12rules promulgated by the department relating to underground storage tank systems
13installed after December 22, 1988, and that, at the time of that discharge, does not
14meet the upgrading requirements in
40 CFR 280.21 (b) to (d) or
s. ILHR 10.52 (2) to
15(4), Wis. adm. code in rules promulgated by the department relating to the upgrading
16of existing underground storage tank systems, then the owner or operator or person
17owning the home oil tank system remains eligible for an award for costs incurred
18because of any later petroleum product discharge from the same petroleum product
19storage system or home oil tank system and within the same area which is confirmed,
20and with respect to which activities under par. (c) or (g) are begun, before January
211, 1996, or before the 91st day after the day on which the petroleum product storage
22system or home oil tank system first meets those upgrading requirements,
23whichever is earlier.
AB150-engrossed,1280,7
1101.143
(3) (bm)
Agents. Except as provided in par. (bn), an owner or operator
2or a person owning a home oil tank system may enter into a written agreement with
3another a county or any other person under which that
county or other person acts
4as an agent for the owner or operator or person owning a home oil tank system in
5conducting the activities required under par. (c). The owner or operator or person
6owning a home oil tank system
and the agent shall jointly submit the claim for an
7award under sub. (4).
AB150-engrossed,1280,129
101.143
(3) (c) 4. Receive written approval from the department of natural
10resources
or, if the discharge is covered under s. 101.144 (2) (b), from the department
11of development that the remedial action activities performed under subd. 3. meet the
12requirements of s. 144.76.
AB150-engrossed,1280,1914
101.143
(3) (cm)
Monitoring as remedial action. An owner or operator or person
15owning a home oil tank system may, with the approval of the department of natural
16resources
or, if the discharge is covered under s. 101.144 (2) (b), the department of
17development, satisfy the requirements of par. (c) 2. and 3. by proposing and
18implementing monitoring to ensure the effectiveness of the natural process of
19degradation of petroleum product contamination.
AB150-engrossed,1281,621
101.143
(3) (d)
Review of site investigations, remedial action plans and
22remedial action activities. The department of natural resources
or, if the discharge
23is covered under s. 101.144 (2) (b), the department of development shall, at the
24request of the claimant, review the site investigation and the remedial action plan
25and advise the claimant on the adequacy of proposed remedial action activities in
1meeting the requirements of s. 144.76. The advice is not an approval of the remedial
2action activities. The department of natural resources
or, if the discharge is covered
3under s. 101.144 (2) (b), the department of development shall complete a final review
4of the remedial action activities within 60 days after the claimant notifies the
5appropriate department
of natural resources that the remedial action activities are
6completed.
AB150-engrossed,1281,98
101.143
(3) (e)
Notifications. The department of natural resources shall notify
9the department when it gives
the a claimant written approval under par. (c) 4.
AB150-engrossed,1281,1211
101.143
(3) (f) 5. The written approval of the department of natural resources
12or the department of development under par. (c) 4.
AB150-engrossed,1281,1614
101.143
(4) (a) 6. In any fiscal year, the department may not award more than
155% of the amount appropriated under s.
20.445 (1)
20.143 (3) (v) as awards for
16petroleum product storage systems described in par. (ei) 1.
AB150-engrossed,1281,2118
101.143
(4) (a) 7. In any fiscal year, the department may not award more than
195% of the amount appropriated under s.
20.445 (1)
20.143 (3) (v) as awards for
20petroleum product storage systems that are owned by school districts and that are
21used for storing heating oil for consumptive use on the premises where stored.
AB150-engrossed,1282,623
101.143
(4) (dm) 1. The department shall issue an award under this paragraph
24for a claim for eligible costs, under par. (b), incurred on or after
May 7, 1994 August
251, 1987, and before July 1, 1998, by the owner or operator of a petroleum product
1storage system that is not an underground petroleum product storage tank system
2and for eligible costs, under par. (b), incurred on or after July 1, 1998, by the owner
3or operator of a petroleum product storage system that is not an underground
4petroleum product storage tank system if the petroleum product discharge on which
5the claim is based is confirmed and activities under sub. (3) (c) or (g) are begun before
6July 1, 1998.
AB150-engrossed,1282,178
101.143
(4) (dm) 5. The department shall recalculate all awards issued under
9par. (e) before the effective date of this subdivision .... [revisor inserts date], for
10eligible costs incurred before May 7, 1994, by the owner or operator of a petroleum
11product storage system that is not an underground petroleum product storage tank
12system according to the eligibility requirements at the time that the awards were
13made except that the awards shall be subject to the deductible amounts under subd.
142. and the maximum amounts under subds. 3. and 4. The department shall issue an
15award under this subdivision for the difference between the award as recalculated
16under this subdivision and the award issued before the effective date of this
17subdivision .... [revisor inserts date].
AB150-engrossed,1283,520
101.143
(4) (e) 2. The department shall issue the award under this paragraph
21without regard to fault in an amount equal to the amount of the eligible costs that
22exceeds a deductible amount of
$2,500 plus 5% of the eligible costs, but not more than
23$7,500 per occurrence, for eligible costs incurred before July 1, 1993, or a deductible
24amount of $10,000 for eligible costs incurred on or after July 1, 1993 $10,000, except
25that the deductible amount for a petroleum product storage system that is owned by
1a school district or a technical college district and that is used for storing heating oil
2for consumptive use on the premises where stored is 25% of eligible costs and except
3that the deductible for a petroleum product storage system that is described in par.
4(ei) 1. is $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence
5without regard to when the eligible costs are incurred.
AB150-engrossed,1283,157
101.143
(4) (e) 2m. An award issued under this paragraph may not exceed
8$195,000 for eligible costs incurred before July 1, 1993, or $190,000 for eligible costs
9incurred on or after July 1, 1993, $190,000 for each occurrence,
except that an award
10under this paragraph to a school district or a technical college district with respect
11to a discharge from a petroleum product storage system that is used for storing
12heating oil for consumptive use on the premises where stored is $190,000 for each
13occurrence, without regard to when the eligible costs are incurred, and except that
14an award under this paragraph to the owner or operator of a petroleum product
15storage system described in par. (ei) 1. may not exceed $100,000 per occurrence.
AB150-engrossed,1283,2017
101.143
(4) (e) 3. The department may not issue awards under this paragraph
18to an owner or operator for eligible costs incurred in one program year that total more
19than
$195,000 for eligible costs incurred before July 1, 1993, or $190,000, for eligible
20costs incurred on or after July 1, 1993 $190,000.
AB150-engrossed,1284,222
101.143
(4) (ei) 1. b. The owner or operator of the farm tank has received a letter
23or notice from the
department of development or department of natural resources
24indicating that the owner or operator must conduct a site investigation or remedial
1action because of a discharge from the farm tank or an order to conduct such an
2investigation or remedial action.
AB150-engrossed,1284,104
101.143
(4) (es) 1. The department shall issue an award for a claim filed after
5August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987,
6by an owner or operator or a person owning a home oil tank system in investigating
7the existence of a discharge or investigating the presence of petroleum products in
8soil or groundwater if the investigation is undertaken at the written direction of the
9department of
industry, labor and human relations
development or the department
10of natural resources and no discharge or contamination is found.
AB150-engrossed,1284,1812
101.143
(4e) Payments to lenders. (a) Notwithstanding sub. (4) (g), when the
13department denies a claim under sub. (3) because of fraud, gross negligence or wilful
14misconduct on the part of an owner or operator, the department shall pay, to a person
15who loaned money to the owner or operator for the purpose of conducting activities
16under sub. (3) (c), an amount equal to the amount that would have been paid under
17sub. (4) for otherwise eligible expenses actually incurred, but not more than the
18amount specified under par. (b), if all of the following conditions are satisfied:
AB150-engrossed,1284,2419
1. The lender assigns to the department an interest in the collateral pledged
20by the owner or operator for the sole purpose of securing the loan that was made to
21finance the activities under sub. (3) (c). If the amount of the payment under this
22subsection is less than the amount of the loan, the lender shall assign to the
23department that fraction of the lender's interest in the collateral that equals the ratio
24of the amount of the payment under this subsection to the amount of the loan.
AB150-engrossed,1285,4
12. For a loan that is made after the effective date of this subdivision .... [revisor
2inserts date], before the lender made any disbursement of the loan the department
3provided a letter indicating its preliminary determination that the owner or operator
4was eligible for an award under sub. (4).
AB150-engrossed,1285,85
3. For a loan that is made after the effective date of this subdivision .... [revisor
6inserts date], claims for payment under sub. (3) are made after completion of the site
7investigation and remedial action plan, after completion of the remedial action and
8annually for any continuing maintenance, monitoring and operation costs.
AB150-engrossed,1285,129
(b) Payment under this section may not exceed the amount of the loan. If the
10loan is made after the effective date of this paragraph .... [revisor inserts date],
11payment under this section may not exceed the amount of the loan disbursements
12made before the department notifies the lender that the claim may be denied.
AB150-engrossed,1285,1513
(c) Assignment of an interest in collateral to the department under par. (a) 1.
14does not deprive a lender of its right to any cause of action arising out of the loan
15documents.
AB150-engrossed,1285,1916
(d) Any payments made by the department under this subsection constitute a
17lien upon the property on which the remedial action is conducted if the department
18records the lien with the register of deeds in the county in which the property is
19located.
AB150-engrossed,1286,221
101.143
(5) (a)
Right of action. A right of action under this section shall accrue
22to the state against an owner, operator or other person only if the owner, operator or
23other person submits a fraudulent claim or does not meet the requirements under
24this section and if an award is issued under this section to the owner, operator or
1other person for eligible costs under this section
or if payment is made to a lender
2under sub. (4e).