Amendment AA1-ASA1-AB100

AB100-ASA1-AA1, s. 3117bt Section 3117bt. 166.20 (7m) (a) of the statutes is amended to read:

AB100-ASA1-AA1,301,8 166.20 (7m) (a) An authorized inspector of the board division or the committee for the county in which a facility is located may enter and inspect any facility or any pertinent record relating to the facility at any reasonable time for the purpose of determining whether the facility is complying with this section and rules promulgated under this section. The board division or committee, if requested, shall furnish to the operator of the facility a report setting forth all facts found which relate to compliance with this section and rules promulgated under this section.

AB100-ASA1-AA1, s. 3117bu Section 3117bu. 166.20 (7m) (b) of the statutes is amended to read:

AB100-ASA1-AA1,301,13 166.20 (7m) (b) The board division shall promulgate rules to specify how the board division or a committee may authorize inspectors for the purposes of par. (a). The rules shall include requirements for experience or training of individuals authorized to conduct inspections.

AB100-ASA1-AA1, s. 3117bw Section 3117bw. 166.20 (8) (a) of the statutes is amended to read:

AB100-ASA1-AA1,301,21 166.20 (8) (a) The department of justice, at its own discretion or at the request of the board division or the committee or district attorney for the county in which the violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules promulgated under subs. (2) to (7). In any action commenced under this paragraph, the department of justice may request the assistance of the district attorney for the county in which the violation is alleged to have occurred and the district attorney shall provide the requested assistance.

AB100-ASA1-AA1, s. 3117cd Section 3117cd. 166.20 (9) (a) 1. c. of the statutes is amended to read:

AB100-ASA1-AA1,301,25 166.20 (9) (a) 1. c. The board division for failure to render a decision in response to a petition under 42 USC 11042 (d), as applied under sub. (5) (a) 5., within 9 months after receipt of the petition.

AB100-ASA1-AA1, s. 3117cf Section 3117cf. 166.20 (9) (a) 1. d. of the statutes is amended to read:

AB100-ASA1-AA1,302,4 166.20 (9) (a) 1. d. The board division for failure to provide a mechanism for public availability of information in accordance with 42 USC 11044 (a), as applied under sub. (2) (a).

AB100-ASA1-AA1, s. 3117ch Section 3117ch. 166.20 (9) (a) 1. e. of the statutes is amended to read:

AB100-ASA1-AA1,302,7 166.20 (9) (a) 1. e. The board division for failure to respond to a request for information under 42 USC 11022 (e) (3), as applied under sub. (2) (a).

AB100-ASA1-AA1, s. 3117cj Section 3117cj. 166.20 (9) (a) 2. (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,302,10 166.20 (9) (a) 2. (intro.) The board division or any county, city, village or town may commence a civil action against any person for failure to do any of the following:

AB100-ASA1-AA1, s. 3117ck Section 3117ck. 166.20 (9) (a) 2. a. of the statutes is amended to read:

AB100-ASA1-AA1,302,13 166.20 (9) (a) 2. a. Provide notification to the board division under 42 USC 11002 (c), as applied under sub. (5) (a) 1.

AB100-ASA1-AA1, s. 3117cm Section 3117cm. 166.20 (9) (a) 3. of the statutes is amended to read:

AB100-ASA1-AA1,302,18 166.20 (9) (a) 3. The board division or any committee may commence an action against any person for failure to provide the information required under 42 USC 11003 (d), as applied under sub. (5) (a) 1. or any information required under 42 USC 11022 (e) (1), as applied under sub. (5) (a) 3.

AB100-ASA1-AA1, s. 3117cp Section 3117cp. 166.20 (9) (b) 1. (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,302,22 166.20 (9) (b) 1. (intro.) No action may be commenced against any person other than the board division under this subsection under any of the following circumstances:

AB100-ASA1-AA1, s. 3117cq Section 3117cq. 166.20 (9) (b) 1. a. of the statutes is amended to read:

AB100-ASA1-AA1,302,25 166.20 (9) (b) 1. a. If fewer than 60 days have elapsed since the plaintiff gave notice of the alleged violation to the board division and to the alleged violator.

AB100-ASA1-AA1, s. 3117cr Section 3117cr. 166.20 (9) (b) 2. of the statutes is amended to read:

AB100-ASA1-AA1,303,4 166.20 (9) (b) 2. No action may be commenced against the board division under this subsection if fewer than 60 days have elapsed since the plaintiff gave notice of the action to the board division.

AB100-ASA1-AA1, s. 3117ct Section 3117ct. 166.20 (11) (dg) of the statutes is amended to read:

AB100-ASA1-AA1,303,11 166.20 (11) (dg) Except as provided in this paragraph, any person who negligently makes a false statement or representation in any document provided by the operator of a facility or required to be maintained by the operator of a facility under the federal act, this section or rules promulgated under this section shall forfeit not less than $100 nor more than $25,000. This penalty does not apply to the board division, a committee or a member of the board division or a committee.

AB100-ASA1-AA1, s. 3117cw Section 3117cw. 166.21 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA1,303,15 166.21 (1) (b) Any committee may apply annually to the board division for an emergency planning grant. Applications shall be made in the manner specified by the board division.".

AB100-ASA1-AA1,303,16 909. Page 1375, line 10: after that line insert:

AB100-ASA1-AA1,303,17 " Section 3117g. 166.21 (2) (e) of the statutes is amended to read:

AB100-ASA1-AA1,303,19 166.21 (2) (e) The portion of a previous year's costs that was approved by the board division but not paid because of insufficient funds.".

AB100-ASA1-AA1,303,20 910. Page 1375, line 15: after that line insert:

AB100-ASA1-AA1,303,22 " Section 3117kc. 166.21 (2m) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1-AA1,304,2 166.21 (2m) Strategic plan. (intro.) A committee is eligible for grant funds under sub. (2) (br) for emergency response equipment only if it submits to the division a strategic plan for emergency response to hazardous substance releases that includes all of the following:

AB100-ASA1-AA1, s. 3117ke Section 3117ke. 166.21 (3) (a) 1. of the statutes is amended to read:

AB100-ASA1-AA1,304,5 166.21 (3) (a) 1. The costs of each new facility plan completed by the committee and approved by the board division in the period covered by the grant.

AB100-ASA1-AA1, s. 3117kf Section 3117kf. 166.21 (3) (a) 3. of the statutes is amended to read:

AB100-ASA1-AA1,304,8 166.21 (3) (a) 3. The portion of a previous year's costs that was approved by the board division but not paid because of insufficient funds.

AB100-ASA1-AA1, s. 3117kj Section 3117kj. 166.21 (3) (b) of the statutes is amended to read:

AB100-ASA1-AA1,304,13 166.21 (3) (b) The board division shall reduce the grant amount calculated under par. (a) by the amount of any other gifts or grants received by the committee in the period covered by the grant for costs incurred by the committee related to sub. (2).

AB100-ASA1-AA1, s. 3117km Section 3117km. 166.21 (3) (c) of the statutes is amended to read:

AB100-ASA1-AA1,304,19 166.21 (3) (c) Notwithstanding sub. (2), the board division shall deny that portion of a grant calculated under par. (a) 2. if the board division determines that the committee has failed to meet grant obligations, including the development, review, exercise or implementation of local emergency response plans as required under s. 166.20 or the federal act.

AB100-ASA1-AA1, s. 3117kp Section 3117kp. 166.21 (3) (e) of the statutes is amended to read:

AB100-ASA1-AA1,304,22 166.21 (3) (e) Annually, the board division shall establish a formula to determine the amount of emergency planning grant funds available to each county.

AB100-ASA1-AA1, s. 3117kr Section 3117kr. 166.21 (4) of the statutes is amended to read:

AB100-ASA1-AA1,305,4 166.21 (4) Payment of grants. Annually, the board division shall review all applications received under this section and make grants to committees from the appropriations under s. 20.465 (3) (jm) and (r). If insufficient funds are available to pay all approved grants, the board division shall prorate the available funds among the eligible applicants in proportion to the approved grant amounts. A prorated payment shall be deemed full payment of the grant.

AB100-ASA1-AA1, s. 3117ks Section 3117ks. 166.21 (5) of the statutes is amended to read:

AB100-ASA1-AA1,305,10 166.21 (5) Payment in advance. (a) The board division may pay a portion of a grant before the end of the period covered by the grant if a committee requests the advance payment and if the board division determines that the necessary funds are available and that the advance payment will not result in insufficient funds to pay other grants.

AB100-ASA1-AA1,305,16 (b) The board division may pay an amount up to 50% of anticipated eligible costs covered by a grant up to 12 months before the end of the period covered by the grant. The board division may pay an additional amount up to 25% of anticipated eligible costs up to 6 months before the end of the period covered by the grant. The board division shall determine anticipated eligible costs from a budget submitted by the committee at the time that the committee requests payment in advance.

AB100-ASA1-AA1,305,20 (c) If a committee receives advance payments under this subsection which exceed the total grant amount calculated under sub. (3), the board division shall subtract the amount of the overpayment from the amount of a grant paid to that committee in the next year that the committee receives a grant.".

AB100-ASA1-AA1,305,21 911. Page 1376, line 3: after that line insert:

AB100-ASA1-AA1,305,23 " Section 3117mc. 166.215 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1-AA1,306,11 166.215 (1) The division shall contract with no fewer than 7 and no more than 9 regional emergency response teams, each of which will assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The division may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the standards for a hazardous materials specialist in 29 CFR 1910.120 (q) (6) (iv) and national fire protection association standards NFPA 471 and 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd).".

AB100-ASA1-AA1,306,12 912. Page 1376, line 14: after that line insert:

AB100-ASA1-AA1,306,14 " Section 3117qh. 166.215 (2) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1-AA1,306,24 166.215 (2) The division shall reimburse a regional emergency response team for costs incurred by the team in responding to a level A release under sub. (1). Reimbursement under this subsection is limited to amounts collected under sub. (3) and the amounts appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.

AB100-ASA1-AA1, s. 3117qm Section 3117qm. 166.215 (3) of the statutes is amended to read:

AB100-ASA1-AA1,307,5 166.215 (3) A person who possessed or controlled a hazardous substance that was released or who caused the release of a hazardous substance shall reimburse the board division for costs incurred by a regional emergency response team in responding to the release under sub. (1).".

AB100-ASA1-AA1,307,6 913. Page 1377, line 20: after that line insert:

AB100-ASA1-AA1,307,8 " Section 3117w. 166.22 (3m) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1-AA1,307,18 166.22 (3m) The division shall reimburse a local emergency response team for costs incurred by the team in responding to a hazardous substance discharge under sub. (3). Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.".

AB100-ASA1-AA1,307,19 914. Page 1381, line 13: after that line insert:

AB100-ASA1-AA1,307,20 " Section 3121c. 168.12 (7) of the statutes is amended to read:

AB100-ASA1-AA1,308,4 168.12 (7) No person may ship petroleum products into this state unless that person has a valid certificate under s. 73.03 (50) and either has a license under s. 78.09 or obtains a petroleum products shipper license from the department of revenue by filing with that department an application prescribed and furnished by that department and verified by the owner of the business if the owner is an individual, by a member if the owner is an unincorporated association, by a partner if the owner is a partnership or by the president and secretary if the owner is a corporation.".

AB100-ASA1-AA1,308,5 915. Page 1400, line 3: delete lines 3 to 15 and substitute:

AB100-ASA1-AA1,308,7 " Section 3133c. 185.981 (4t) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100-ASA1-AA1,308,10 185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.89, 632.72 (2), 632.745, 632.747, to 632.749, 632.87 (2m), (3), (4) and (5), 632.895 (10) and 632.897 (10) and ch. 155.

AB100-ASA1-AA1, s. 3133m Section 3133m. 185.981 (4t) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1-AA1,308,15 185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.89, 632.72 (2), 632.745 to 632.749, 632.87 (2m), (3), (4) and (5), 632.895 (10) to (13) and 632.897 (10) and ch. chs. 149 and 155.

AB100-ASA1-AA1, s. 3134c Section 3134c. 185.983 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100-ASA1-AA1,308,23 185.983 (1) (intro.)  Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.89, 631.93, 632.72 (2), 632.745, 632.747, to 632.749, 632.775, 632.79, 632.795, 632.87 (2m), (3), (4) and (5), 632.895 (5), (9) and (10), 632.896 and 632.897 (10), subch. II of ch. 619 and chs. 609, 630, 635, 645 and 646, but the sponsoring association shall:

AB100-ASA1-AA1, s. 3134mi Section 3134mi. 185.983 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1-AA1,309,8 185.983 (1) (intro.)  Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.89, 631.93, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.87 (2m), (3), (4) and (5), 632.895 (5), (9) and (10) and (9) to (13), 632.896 and 632.897 (10), subch. II of ch. 619 and chs. 609, 630, 635, 645 and 646, but the sponsoring association shall:".

AB100-ASA1-AA1,309,9 916. Page 1400, line 15: after that line insert:

AB100-ASA1-AA1,309,10 " Section 3134m. 196.04 (4) of the statutes is amended to read:

AB100-ASA1-AA1,309,24 196.04 (4) If the parties cannot agree and the commission finds that public convenience and necessity or the rendition of reasonably adequate service to the public requires that a public utility or, telecommunications provider or cable operator, as defined in s. 66.082 (2) (b), be permitted to extend its lines on, over or under the right-of-way of any railroad, or requires that the tracks of any railroad be extended on, over or under the right-of-way of any public utility or, telecommunications provider or cable operator, the commission may order the extension by the public utility, telecommunications provider, cable operator or railroad on, over or under the right-of-way of the other if it will not materially impair the ability of the railroad, telecommunications provider, cable operator or public utility, on, over or under whose right-of-way the extension would be made, to serve the public. The commission shall prescribe lawful conditions and compensation which the commission deems equitable and reasonable in light of all the circumstances.".

AB100-ASA1-AA1,310,1 917. Page 1404, line 3: after that line insert:

AB100-ASA1-AA1,310,2 "2m. "Private school" has the meaning given in s. 115.001 (3r).".

AB100-ASA1-AA1,310,3 918. Page 1404, line 7: after "school districts," insert "private schools,".

AB100-ASA1-AA1,310,5 919. Page 1404, line 10: on lines 10, 17 and 24, after "school district," insert "private school,".

AB100-ASA1-AA1,310,7 920. Page 1405, line 1: on lines 1 and 3, after "school district," insert "private school,".

AB100-ASA1-AA1,310,10 921. Page 1405, line 4: after "(b)" insert ", except that the charge may not exceed $100 per month for each data line or video link that relies on a transport medium that operates at a speed of 1.544 megabits per second".

AB100-ASA1-AA1,310,11 922. Page 1405, line 13: after "districts," insert "private schools,".

AB100-ASA1-AA1,310,13 923. Page 1408, line 4: after "person" insert "shows to the satisfaction of the commission that the person".

AB100-ASA1-AA1,310,14 924. Page 1409, line 4: after that line insert:

AB100-ASA1-AA1,310,15 " Section 3158g. 196.85 (1m) of the statutes is renumbered 196.85 (1m) (a).

AB100-ASA1-AA1, s. 3158r Section 3158r. 196.85 (1m) (b) of the statutes is created to read:

AB100-ASA1-AA1,310,19 196.85 (1m) (b) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.04 (4), the term "public utility" includes a cable operator, as defined in s. 66.082 (2) (b).".

AB100-ASA1-AA1,310,20 925. Page 1409, line 16: after that line insert: