AB150,1281,1713 101.02 (18) The department may establish a schedule of fees for publications
14and seminars provided by the department for which no fee is otherwise authorized,
15required or prohibited by statute. Fees established under this subsection for
16publications and seminars provided by the department may not exceed the actual
17cost incurred in providing those publications and seminars.
AB150, s. 3648 18Section 3648. 101.02 (18m) of the statutes is created to read:
AB150,1281,2519 101.02 (18m) The department may perform testing of petroleum products
20other than testing provided under ch. 168. The department may establish a schedule
21of fees for such petroleum product testing services. The department shall credit all
22revenues received from fees established under this subsection to the appropriation
23account under s. 20.445 (1) (ga). Revenues from fees established under this
24subsection may be used by the department to pay for testing costs, including
25laboratory supplies and equipment amortization, for such products.
AB150, s. 3649
1Section 3649. 101.02 (18m) of the statutes, as created by 1995 Wisconsin Act
2.... (this act), is amended to read:
AB150,1282,93 101.02 (18m) The department may perform testing of petroleum products
4other than testing provided under ch. 168. The department may establish a schedule
5of fees for such petroleum product testing services. The department shall credit all
6revenues received from fees established under this subsection to the appropriation
7account under s. 20.445 (1) 20.143 (3) (ga). Revenues from fees established under this
8subsection may be used by the department to pay for testing costs, including
9laboratory supplies and equipment amortization, for such products.
****Note: This is reconciled s. 101.02 (18m). This Section has been affected by drafts with
the following LRB numbers: 1598/4 and 2243/4.
AB150, s. 3650 10Section 3650. 101.03 of the statutes is amended to read:
AB150,1282,13 11101.03 Testimonial powers of commissioners, secretary and deputy.
12Each of the commissioners, secretary The secretary or any deputy secretary may
13certify to official acts, and take testimony.
AB150, s. 3651 14Section 3651. 101.04 of the statutes is renumbered 103.04, and 103.04 (1), as
15renumbered, is amended to read:
AB150,1282,1816 103.04 (1) The commission shall issue its decision in any case where a petition
17for review is filed under ch. 102 or 108 or s. 66.191, 1981 stats., or s. 40.65 (2), 101.22
18106.04 (10), 101.223 106.07 (4), 111.39, 303.07 (7) or 303.21.
AB150, s. 3652 19Section 3652. 101.055 (1) of the statutes is amended to read:
AB150,1283,220 101.055 (1) Intent. It is the intent of this section to give employes of the state,
21of any state agency and of any political subdivision of this state rights and protections
22relating to occupational safety and health equivalent to those granted to employes
23in 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, s. 3653 3Section 3653. 101.055 (2) (b) of the statutes is amended to read:
AB150,1283,54 101.055 (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, s. 3654 6Section 3654. 101.055 (2) (d) of the statutes is amended to read:
AB150,1283,87 101.055 (2) (d) "Public employer" or "employer" means the state, any state
8agency or any political subdivision of the state.
AB150, s. 3655 9Section 3655. 101.055 (5) (a) of the statutes is amended to read:
AB150,1283,2110 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, s. 3656 22Section 3656. 101.055 (8) (a) of the statutes is renumbered 101.055 (8) (ar).
AB150, s. 3657 23Section 3657. 101.055 (8) (ag) of the statutes is created to read:
AB150,1284,3
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, s. 3658 4Section 3658. 101.055 (8) (b) of the statutes is amended to read:
AB150,1284,135 101.055 (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, s. 3659 14Section 3659. 101.055 (8) (c) of the statutes is amended to read:
AB150,1285,515 101.055 (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, s. 3660 6Section 3660. 101.12 (1) (intro.) of the statutes is amended to read:
AB150,1285,117 101.12 (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, s. 3661 12Section 3661. 101.123 (1) (b) of the statutes is amended to read:
AB150,1285,1613 101.123 (1) (b) "Inpatient health care facility" means a county home
14established under s. 49.14 49.70, a county infirmary established under s. 49.171
1549.72, a community-based residential facility or a nursing home licensed under s.
1650.03 or a tuberculosis sanatorium established under s. 58.06, 252.073 or 252.076.
AB150, s. 3662 17Section 3662. 101.125 (1) (a) of the statutes is amended to read:
AB150,1286,218 101.125 (1) (a) "Building" means a "place of employment" as defined in s. 101.01
19(2) (f) and a "public building" as defined in s. 101.01 (2) (g)
place of employment or
20a public building
and includes, without limitation because of enumeration,
21wholesale and retail stores, storerooms, office buildings, factories, warehouses,
22governmental buildings, hotels, hospitals, motels, dormitories, sanatoriums,
23nursing homes, retirement homes, theaters, stadiums, gymnasiums, amusement
24park buildings, schools and other buildings used for educational purposes, places of
25worship and other places of public assembly and all residences including mobile

1homes, manufactured or industrialized housing, lodging homes and any other
2building used as a dwelling for one or more persons.
AB150, s. 3663 3Section 3663. 101.126 (1m) of the statutes is amended to read:
AB150,1286,54 101.126 (1m) In developing the requirements under sub. (1), the department
5shall consult with the council on recycling market development board.
AB150, s. 3664 6Section 3664. 101.14 (1) (c) of the statutes is amended to read:
AB150,1286,117 101.14 (1) (c) The department is hereby empowered and directed to provide the
8form of a course of study in fire prevention for use in the public schools, dealing with
9the protection of lives and property against loss or damage as a result of preventable
10fires, and transmit the same by the first day of August in each year to the state
11superintendent
department of public instruction education.
AB150, s. 3665 12Section 3665. 101.143 (title) of the statutes is amended to read:
AB150,1286,13 13101.143 (title) Petroleum storage remedial action; financial assistance.
AB150, s. 3666 14Section 3666. 101.143 (2) (d) of the statutes is amended to read:
AB150,1286,1815 101.143 (2) (d) The department shall reserve a portion, not to exceed 20%, of
16the amount annually appropriated under s. 20.445 (1) 20.143 (3) (v) for awards under
17this section to be used to fund emergency remedial action and claims that exceed the
18amount initially anticipated.
AB150, s. 3667 19Section 3667. 101.143 (2m) of the statutes is amended to read:
AB150,1286,2520 101.143 (2m) Interdepartmental coordination. Whenever the department of
21industry, labor and human relations development receives a notification under sub.
22(3) (a) 3. or the department of natural resources receives a notification of a petroleum
23product discharge under s. 144.76, the department receiving the notification shall
24contact the other department and shall schedule a meeting of the owner or operator
25or person owning a home oil tank system and representatives of both departments.
AB150, s. 3668
1Section 3668. 101.143 (3) (ae) 1. of the statutes is amended to read:
AB150,1287,82 101.143 (3) (ae) 1. An owner or operator or a person owning a home oil tank
3system is not eligible for an award under this section for costs incurred because of
4a petroleum product discharge from a petroleum product storage system or a home
5oil tank system that meets the performance standards in 40 CFR 280.20 or s. ILHR
610.51, Wis. adm. code
in rules promulgated by the department relating to
7underground storage tank systems installed after December 22, 1988
, except as
8provided in subd. 2.
AB150, s. 3669 9Section 3669. 101.143 (3) (ae) 2. of the statutes is amended to read:
AB150,1287,2410 101.143 (3) (ae) 2. If a petroleum product storage system or home oil tank
11system that meets the performance standards in 40 CFR 280.20 or s. ILHR 10.51,
12Wis. adm. code
in rules promulgated by the department relating to underground
13storage tank systems installed after December 22, 1988
, is located on a site on which
14a petroleum product discharge is confirmed before the date on which the petroleum
15product storage system or home oil tank system is installed and the department of
16natural resources does not issue a case closure letter with respect to that discharge
17before the installation date, then the owner or operator or person owning the home
18oil tank system remains eligible for an award for costs incurred because of a
19petroleum product discharge, from that petroleum product storage system or home
20oil tank system, which is confirmed, and with respect to which activities under par.
21(c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on
22which the department of natural resources issues a case closure letter with respect
23to the discharge that occurred before the installation of the petroleum product
24storage system or home oil tank system, whichever is earlier.
AB150, s. 3670 25Section 3670. 101.143 (3) (am) 1. of the statutes is amended to read:
AB150,1288,9
1101.143 (3) (am) 1. An owner or operator or a person owning a home oil tank
2system is not eligible for an award under this section for costs incurred because of
3a petroleum product discharge from a petroleum product storage system or a home
4oil tank system if the discharge is confirmed, or activities under par. (c) or (g) are
5begun with respect to that discharge, after the day on which the petroleum product
6storage system or home oil tank system first meets the upgrading requirements in
740 CFR 280.21 (b) to (d) or s. ILHR 10.52 (2) to (4), Wis. adm. code in rules
8promulgated by the department relating to the upgrading of existing underground
9storage tank systems
, except as provided in subds. 2. to 4.
AB150, s. 3671 10Section 3671. 101.143 (3) (am) 2. of the statutes is amended to read:
AB150,1288,2411 101.143 (3) (am) 2. If a petroleum product storage system or home oil tank
12system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or s. ILHR
1310.52 (2) to (4), Wis. adm. code
in rules promulgated by the department relating to
14the upgrading of existing underground storage tank systems
, after December 31,
151993, and the owner or operator or person owning the home oil tank system applies
16for private pollution liability insurance covering the petroleum product storage
17system or home oil tank system within 30 days after the day on which the petroleum
18product storage system or home oil tank system first meets those upgrading
19requirements, then the owner or operator or person remains eligible for an award for
20costs incurred because of a petroleum product discharge, from that petroleum
21product storage system or home oil tank system, which is confirmed, and with respect
22to which activities under par. (c) or (g) are begun, before the 91st day after the day
23on which the petroleum product storage system or home oil tank system first meets
24those upgrading requirements.
AB150, s. 3672 25Section 3672. 101.143 (3) (am) 4. of the statutes is amended to read:
AB150,1289,15
1101.143 (3) (am) 4. If a petroleum product storage system or home oil tank
2system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or s. ILHR
310.52 (2) to (4), Wis. adm. code
in rules promulgated by the department relating to
4the upgrading of existing underground storage tank systems
, after April 30, 1991,
5and is located on a site on which a petroleum product discharge is confirmed before
6the date on which the petroleum product storage system or home oil tank system first
7meets those upgrading requirements and the department of natural resources does
8not issue a case closure letter with respect to that discharge before that date, then
9the owner or operator or person owning the home oil tank system remains eligible
10for an award for costs incurred because of a petroleum product discharge, from that
11petroleum product storage system or home oil tank system, which is confirmed, and
12with respect to which activities under par. (c) or (g) are begun, before January 1,
131996, or before the 91st day after the day on which the department of natural
14resources issues a case closure letter with respect to the discharge that occurred
15before the upgrading requirements were met, whichever is earlier.
AB150, s. 3673 16Section 3673. 101.143 (3) (as) 4. of the statutes is amended to read:
AB150,1290,717 101.143 (3) (as) 4. If the department issues an award under this section for
18remedial action activities that were necessitated by a petroleum product discharge
19from a petroleum product storage system or home oil tank system that does not meet
20the performance standards in 40 CFR 280.20 or s. ILHR 10.51, Wis. adm. code in
21rules promulgated by the department relating to underground storage tank systems
22installed after December 22, 1988
, and that, at the time of that discharge, does not
23meet the upgrading requirements in 40 CFR 280.21 (b) to (d) or s. ILHR 10.52 (2) to
24(4), Wis. adm. code
in rules promulgated by the department relating to the upgrading
25of existing underground storage tank systems
, then the owner or operator or person

1owning the home oil tank system remains eligible for an award for costs incurred
2because of any later petroleum product discharge from the same petroleum product
3storage system or home oil tank system and within the same area which is confirmed,
4and with respect to which activities under par. (c) or (g) are begun, before January
51, 1996, or before the 91st day after the day on which the petroleum product storage
6system or home oil tank system first meets those upgrading requirements,
7whichever is earlier.
AB150, s. 3674 8Section 3674. 101.143 (3) (c) 4. of the statutes is amended to read:
AB150,1290,119 101.143 (3) (c) 4. Receive written approval from the department of natural
10resources
that the remedial action activities performed under subd. 3. meet the
11requirements of s. 144.76.
AB150, s. 3675 12Section 3675. 101.143 (3) (cm) of the statutes is amended to read:
AB150,1290,1713 101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person
14owning a home oil tank system may, with the approval of the department of natural
15resources
, satisfy the requirements of par. (c) 2. and 3. by proposing and
16implementing monitoring to ensure the effectiveness of the natural process of
17degradation of petroleum product contamination.
AB150, s. 3676 18Section 3676. 101.143 (3) (d) of the statutes is amended to read:
AB150,1291,219 101.143 (3) (d) Review of site investigations, remedial action plans and
20remedial action activities.
The department of natural resources shall, at the request
21of the claimant, review the site investigation and the remedial action plan and advise
22the claimant on the adequacy of proposed remedial action activities in meeting the
23requirements of s. 144.76. The advice is not an approval of the remedial action
24activities. The department of natural resources shall complete a final review of the

1remedial action activities within 60 days after the claimant notifies the department
2of natural resources that the remedial action activities are completed.
AB150, s. 3677 3Section 3677. 101.143 (3) (e) of the statutes is repealed.
AB150, s. 3678 4Section 3678. 101.143 (3) (f) 5. of the statutes is amended to read:
AB150,1291,65 101.143 (3) (f) 5. The written approval of the department of natural resources
6under par. (c) 4.
AB150, s. 3679 7Section 3679. 101.143 (4) (a) 6. of the statutes is amended to read:
AB150,1291,108 101.143 (4) (a) 6. In any fiscal year, the department may not award more than
95% of the amount appropriated under s. 20.445 (1) 20.143 (3) (v) as awards for
10petroleum product storage systems described in par. (ei) 1.
AB150, s. 3680 11Section 3680. 101.143 (4) (a) 7. of the statutes is amended to read:
AB150,1291,1512 101.143 (4) (a) 7. In any fiscal year, the department may not award more than
135% of the amount appropriated under s. 20.445 (1) 20.143 (3) (v) as awards for
14petroleum product storage systems that are owned by school districts and that are
15used for storing heating oil for consumptive use on the premises where stored.
AB150, s. 3681 16Section 3681. 101.143 (4) (ei) 1. a. of the statutes is amended to read:
AB150,1292,217 101.143 (4) (ei) 1. a. The owner or operator of the farm tank owns a parcel of
1835 or more acres of contiguous land which is devoted primarily to agricultural use,
19as defined in s. 91.01 (1), including land designated by the department of natural
20resources
as part of the ice age trail under s. 23.17 27.0135, which during the year
21preceding submission of a claim under sub. (3) produced gross farm profits, as
22defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding
23that submission produced gross farm profits, as defined in s. 71.58 (4), of not less than
24$18,000, or a parcel of 35 or more acres of which at least 35 acres, during part or all

1of the year preceding that submission, were enrolled in the conservation reserve
2program under 16 USC 3831 to 3836.
AB150, s. 3682 3Section 3682. 101.143 (4) (ei) 1. b. of the statutes is amended to read:
AB150,1292,84 101.143 (4) (ei) 1. b. The owner or operator of the farm tank has received a letter
5or notice from the department of development or department of natural resources
6indicating that the owner or operator must conduct a site investigation or remedial
7action because of a discharge from the farm tank or an order to conduct such an
8investigation or remedial action.
AB150, s. 3683 9Section 3683. 101.143 (4) (es) 1. of the statutes is amended to read:
AB150,1292,1610 101.143 (4) (es) 1. The department shall issue an award for a claim filed after
11August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987,
12by an owner or operator or a person owning a home oil tank system in investigating
13the existence of a discharge or investigating the presence of petroleum products in
14soil or groundwater if the investigation is undertaken at the written direction of the
15department of industry, labor and human relations development or the department
16of natural resources and no discharge or contamination is found.
AB150, s. 3684 17Section 3684. 101.143 (8) (b) of the statutes is amended to read:
AB150,1292,2018 101.143 (8) (b) Review and advise the secretary and the secretary of natural
19resources
on the implementation of the petroleum product remedial action program
20established under this section.
AB150, s. 3685 21Section 3685. 101.144 of the statutes is created to read:
AB150,1292,22 22101.144 Regulated storage tank discharges. (1) In this section:
AB150,1292,2323 (a) "Discharge" has the meaning given in s. 144.76 (1) (a).
AB150,1293,3
1(b) "Regulated storage tank" means a petroleum product storage system, as
2defined in s. 101.143 (1) (fg), or an underground storage tank, as defined in 42 USC
36991
(1).
AB150,1293,74 (c) "Remedial action" means action that is taken in response to a discharge and
5that is necessary to restore the environment to the extent practicable and to
6minimize the harmful effects of the discharge to the air, lands and waters of this
7state.
AB150,1293,108 (d) "Responsible person" means a person who owns or operates a regulated
9storage tank, a person who causes a discharge from a regulated storage tank or a
10person on whose property a regulated storage tank is located.
AB150,1293,15 11(2) The department shall administer a program under which responsible
12persons investigate discharges from regulated storage tanks and take remedial
13action in response to those discharges. The department may issue an order requiring
14a responsible person to take remedial action in response to a discharge from a
15regulated storage tank.
AB150,1293,18 16(3) The department of natural resources may take action under s. 144.76 (7)
17(a) or may issue an order under s. 144.76 (7) (c) in response to a discharge from a
18regulated storage tank only if one or more of the following apply:
AB150,1293,2019 (a) The action or order is necessary in an emergency to prevent or mitigate an
20imminent hazard to public health, safety or welfare or to the environment.
AB150,1293,2221 (b) The department of development requests the department of natural
22resources to take the action or issue the order.
AB150,1293,2423 (c) The secretary of natural resources approves the action or order in advance
24after notice to the secretary of development.
AB150,1294,3
1(d) The department of natural resources takes action under s. 144.76 (7) (a)
2after the responsible person fails to comply with an order that was issued under s.
3144.76 (7) (c) in compliance with this subsection.
AB150,1294,54 (e) The department of natural resources takes the action under s. 144.76 (7) (a)
5because the identity of the responsible person is unknown.
AB150,1294,8 6(4) Any person who violates a rule promulgated or an order issued under this
7section shall forfeit not less than $10 nor more than $5,000 for each violation. Each
8day of continued violation is a separate offense.
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