AB100-SA1, s. 3667
9Section 3667. 292.15 (1) (f) (intro.) of the statutes is created to read:
AB100-SA1,90,1110
292.15
(1) (f) (intro.) "Voluntary party" means a person to whom all of the
11following apply:
AB100-SA1,90,1413
292.15
(1) (f) 2. The person did not control, prior to its discharge, a hazardous
14substance that was discharged on the property.".
AB100-SA1,90,16
16"
Section 3668bg. 292.15 (1) (f) 1m. of the statutes is created to read:
AB100-SA1,90,1817
292.15
(1) (f) 1m. The person did not intentionally or recklessly cause the
18release of a hazardous substance on the property.".
AB100-SA1,91,2
1436. Page 1781, line 5: after "section." insert "Any letter issued under this
2subsection is void if the letter was obtained by fraud or misrepresentation.".
AB100-SA1,91,4
4"
Section 3681. 292.21 (1) (c) 1. d. of the statutes is amended to read:
AB100-SA1,91,245
292.21
(1) (c) 1. d. The lender conducts an environmental assessment of the real
6property in accordance with subd. 2.
at any time, but not more than 90 days after the
7date the lender acquires title to, or possession or control of, the real property
and
8files. The lender shall file a complete copy of the environmental assessment with the
9department not more than 180 days after the date the lender acquires title to, or
10possession or control of, the real property.
If an environmental assessment is
11conducted more than one year before the date on which the lender acquires title to,
12or possession or control of, the real property, the exemption under this subd. 1. d.
13applies only if the lender does all of the following: visually inspects the property in
14accordance with subd. 2. a. and b. after the date on which the lender acquires title
15to, or possession or control of, the real property to verify the environmental
16assessment; submits a complete copy of the environmental assessment and the
17results of the visual inspection to the department not later than 90 days after the
18lender acquires title to, or possession or control of, the real property; receives notice
19from the department that the department determines that the environmental
20assessment is adequate or that the department directs the lender to address any
21inadequacies in the environmental assessment; corrects, to the satisfaction of the
22department, any inadequacies of an environmental assessment; and reimburses the
23department for the cost to the department of reviewing materials submitted under
24this subd. 1. d.".
AB100-SA1,92,2
2"
Section 3727g. 292.85 of the statutes is created to read:
AB100-SA1,92,4
3292.85 Certified remediation professionals. (1) Definitions. In this
4section:
AB100-SA1,92,65
(a) "Certificate" means a remediation professional certificate issued under this
6section.
AB100-SA1,92,157
(b) "Covered activity" means corrective action under s. 94.73, petroleum
8storage tank remedial action under s. 101.143 or 101.144, hazardous waste facility
9closure under s. 291.29, corrective action under s. 291.37, a response to a discharge
10of a hazardous substance under s. 292.11, remedial action under s. 292.15 (2), an
11environmental assessment under s. 292.21 (1) (c) 2., environmental repair under s.
12292.31 (3), an abandoned container response under s. 292.41 or any other
13environmental remedial action specified by the department by rule, except that
14"covered activity" does not include an emergency response under s. 292.11, 292.31 (3)
15or 292.41.
AB100-SA1,92,2016
(c) "Report" means a report of a site investigation, a report of interim actions
17prior to remedial action, a report of the design of a proposed remedial action plan,
18a report of a site closure or any other report designated by the department of natural
19resources, the department of commerce or the department of agriculture, trade and
20consumer protection by rule.
AB100-SA1,93,8
21(2) Rules. The department shall promulgate rules necessary to implement
22this section. The department shall develop the rules in consultation with all state
23agencies that have oversight responsibility for programs related to environmental
24remediation and with other interested persons. The rules shall include
1requirements for education, continuing education, training, experience and
2standards of professional conduct for certified remediation professionals. The
3requirements and standards shall be sufficiently stringent so that covered activities
4conducted by or under the direction or supervision of a certified remediation
5professional and all reports related to covered activities that are prepared by or
6under the direction or supervision of certified remediation professionals are
7rendered in a manner that protects public health, safety, welfare and the
8environment and that is consistent with applicable statutes and rules.
AB100-SA1,93,14
9(3) Certificate required for certain activities. (a) Beginning on the effective
10date of this paragraph .... [revisor inserts date], a person may not submit a report to
11the department of natural resources, the department of commerce or the department
12of agriculture, trade and consumer protection with respect to a covered activity
13unless the report is prepared by, or under the direction or supervision of, a certified
14remediation professional, except as provided in sub. (6).
AB100-SA1,93,1815
(b) Beginning on the effective date of this paragraph .... [revisor inserts date],
16a person may not conduct a covered activity unless the person is, or is under the
17direction or supervision of, a certified remediation professional, except as provided
18in sub. (6).
AB100-SA1,93,22
19(4) Department may certify. (a) An individual may apply for a remediation
20professional certificate. Each application for an initial or renewal certificate shall
21be accompanied by a fee in an amount established by the department by rule that is
22sufficient to cover all costs of administering and enforcing this section.
AB100-SA1,93,2423
(b) The department may issue a certificate under this section only to an
24individual. A certificate issued under this section may not be transferred.
AB100-SA1,94,7
1(c) The department shall periodically publish notice of each application for a
2certificate, approval or denial of a certificate, revocation of a certificate and
3termination of a certificate. The department may not approve an application for an
4initial certificate or a renewal certificate until at least 30 days after the notice of
5application for the initial certificate or renewal certificate has been published. The
6department shall promulgate rules for the periodic publication of notice under this
7paragraph.
AB100-SA1,94,188
(d) The department of natural resources may grant an initial certificate or
9renew a certificate only if the department of natural resources determines that the
10applicant or the holder of the certificate is in compliance with all requirements under
11this section and under rules promulgated by the department of natural resources,
12the department of commerce and the department of agriculture, trade and consumer
13protection. The department of natural resources shall suspend or revoke a certificate
14if it determines, or the department of commerce or the department of agriculture,
15trade or consumer protection determines, that the individual holding the certificate
16fails to comply with all requirements under this section and under rules promulgated
17by the department of natural resources, the department of commerce and the
18department of agriculture, trade and consumer protection.
AB100-SA1,94,2319
(e) The department may bar an individual whose application for an initial
20certificate or a renewal certificate is denied, or whose certificate is revoked, from
21applying for a certificate for a period determined by the department. If the
22department revokes a certificate, it may permanently bar the individual from
23applying for a certificate.
AB100-SA1,95,324
(f) A certified remediation professional shall obtain and maintain insurance
25against loss, expense and liability, including loss, expense and liability caused by
1pollution, resulting from errors, omissions or neglect in the performance of any
2professional service in an amount of at least $1,000,000 per claim and $1,000,000 in
3annual aggregate claims, with a deductible of no more than $100,000 per claim.
AB100-SA1,95,6
4(5) Prohibition. No person may advertise or otherwise hold himself or herself
5out to be a certified remediation professional unless that person possesses a valid
6certificate issued by the department.
AB100-SA1,95,9
7(6) Exemption. Subsection (3) does not apply to a report prepared, or an activity
8performed, by an employe of this state acting within the scope of his or her
9employment.
AB100-SA1,95,15
10(7) Departments may investigate. (a) Employes or agents of the department
11of natural resources, the department of commerce or the department of agriculture,
12trade and consumer protection may at any reasonable time enter any site or building
13for the purpose of investigating, sampling or inspecting any condition, equipment,
14practice or property relating to a covered activity conducted, supervised or directed
15by a certified remediation professional.
AB100-SA1,95,2016
(b) Employes or agents of the department of natural resources, the department
17of commerce or the department of agriculture, trade and consumer protection may
18seek a special inspection warrant under s. 66.122 authorizing entry to a site or
19building under par. (a) if permission to enter is denied or if one of those departments
20determines that entry without prior notice is necessary to enforce this section.
AB100-SA1,96,421
(c) A certified remediation professional shall provide any information
22requested by the department of natural resources, the department of commerce or
23the department of agriculture, trade and consumer protection relating to his or her
24activities as a certified remediation professional. If one of those departments has
25reason to suspect that a violation of any statute or rule related to a covered activity
1has occurred or may occur, it may issue to a certified remediation professional an
2order requiring the production or analysis of samples, requiring the production of
3records or requiring any action by the certified remediation professional that may be
4necessary to prevent or eliminate the violation.
AB100-SA1,96,10
5(8) Memorandum of understanding. The department of natural resources, the
6department of commerce and the department of agriculture, trade and consumer
7protection shall enter into a memorandum of understanding with respect to common
8areas of responsibility that relate to this section. A memorandum of understanding
9under this subsection does not take effect until it is approved by the secretary of
10administration.
AB100-SA1,96,12
11(9) Appeals. Any person aggrieved by a determination or order of the
12department under this section may request a contested case hearing under ch. 227.".
AB100-SA1,96,21
19444. Page 1833, line 14: delete the material beginning with "at" and ending
20with "other" on line 15 and substitute "time limits for the following types of licenses
21and".
AB100-SA1,97,3
3"
Section 3855r. 301.265 (1) of the statutes is amended to read:
AB100-SA1,97,114
301.265
(1) From the
appropriation
appropriations under s. 20.410 (3)
(jk) (d)
5and (kj), the department shall allocate
$250,000
$500,000 in each fiscal year to enter
6into a contract with an organization to provide services in a county having a
7population of 500,000 or more for the diversion of youths from gang activities into
8productive activities, including placement in appropriate educational, recreational
9and employment programs. Notwithstanding s. 16.75, the department may enter
10into a contract under this subsection without soliciting bids or proposals and without
11accepting the lowest responsible bid or offer.".
AB100-SA1,97,13
13"
Section 3856d. 301.265 (3) of the statutes is amended to read:
AB100-SA1,98,714
301.265
(3) From the
appropriation
appropriations under s. 20.410 (3)
(jk) (d)
15and (kj), the department shall allocate
$100,000
$150,000 in each fiscal year to enter
16into a contract with an organization to provide services in Racine County,
and
17$100,000 $150,000 in each fiscal year to enter into a contract with an organization
18to provide services in Kenosha County
, $150,000 in each fiscal year to enter into a
19contract with an organization that is located in ward 1 in the city of Racine to provide
20services in Racine County and $75,000 in each fiscal year to enter into a contract with
21an organization to provide services in Brown County, for the diversion of youths from
22gang activities into productive activities, including placement in appropriate
23educational, recreational and employment programs, and for alcohol or other drug
24abuse education and treatment services for participants in that organization's youth
1diversion program.
The organization that is located in ward 1 in the city of Racine
2shall have a recreational facility, shall offer programs to divert youths from gang
3activities, may not be affiliated with any national or state association and may not
4have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s.
516.75, the department may enter into a contract under this subsection without
6soliciting bids or proposals and without accepting the lowest responsible bid or
7offer.".
AB100-SA1,98,11
9451. Page 1866, line 22: after "(b)" insert "
, the authority of the prison
10industries board under s. 303.015 (1) (dm) to suspend the manufacture, provision or
11sale of a product or service".
AB100-SA1,98,13
13"
Section 3910ce. 303.015 (1) (b) of the statutes is amended to read:
AB100-SA1,98,2114
303.015
(1) (b)
1. The board shall develop a plan containing recommendations
15for the manufacture and marketing of prison industries products, the provision of
16prison industries services and the provision of research and development activities.
17Whenever feasible, the plan shall include research activities with a facility involved
18in the cocomposting of solid waste and sludge from wastewater treatment facilities.
19The plan may include, but is not limited to, recommended market research, product
20modifications, manufacturing techniques, pricing policies, advertising and
21elimination or establishment of specific industries or products.
AB100-SA1,99,6
222. No prison industry may be established
, expanded, including any expansion
23relating to the scope of products produced or the prison industry location, or
24permanently closed without
the approval of the board
. Before approving the
1establishment or expansion of any prison industry, the board shall conduct a hearing.
2The board shall provide for a class 2 notice, under ch. 985, of the hearing in the
3newspaper designated as the official newspaper of the county and the city, village or
4town in which the affected correctional institution is located or, if there is no
5designated official newspaper, a newspaper published or having general circulation
6in the political subdivision and eligible under s. 985.02 to be an official newspaper.
AB100-SA1,99,108
303.015
(1) (dm) The board may suspend the manufacture or sale of any
9product or component or the provision of any service by prison industries or by a
10private business leasing space under s. 303.01 (2) (em).".
AB100-SA1,99,18
18"
Section 4058gm. 342.22 (3) (a) of the statutes is amended to read:
AB100-SA1,99,1919
342.22
(3) (a) For a mobile home,
16
20 years.
AB100-SA1,99,2121
342.22
(3) (c) For any other vehicle,
6 10 years.".
AB100-SA1,100,8
8"
Section 4165mg. 346.65 (2m) of the statutes is renumbered 346.65 (2m) (a).
AB100-SA1,100,1110
346.65
(2m) (b) The court shall consider a report submitted under s. 85.53 (2)
11(d) when imposing a sentence under sub. (2), (2q) or (3m).".
AB100-SA1,100,19
17"350.12
(3j) Trail use stickers. (a) 1. In this paragraph, "public snowmobile
18corridor" means a snowmobile trail or other established snowmobile corridor that is
19open to the public but does not include a snowmobile route.
AB100-SA1,100,2020
2. Except as provided in par. (d), no person who".