SB45-SSA1-SA1, s. 1983f 13Section 1983f. 101.143 (3) (cg) of the statutes is created to read:
SB45-SSA1-SA1,234,2114 101.143 (3) (cg) Approval to begin remedial action. 1. Except as provided in
15subds. 2. and 3., to be eligible for an award under sub. (4) an owner or operator may
16not begin remedial action under par. (c) 3. with respect to a discharge without the
17approval of the department of commerce and the department of natural resources.
18The department of commerce and the department of natural resources shall jointly
19determine when it is appropriate to begin remedial action with respect to a discharge
20based on the determination of risk under sub. (2e) (b) for the discharge and the
21availability of funds to pay awards under sub. (4).
SB45-SSA1-SA1,234,2522 2. Subdivision 1. does not apply if the discharge is from a home oil tank system,
23a petroleum product storage system that is described in sub. (4) (ei) 1. or a petroleum
24product storage system that is owned by a school district and that is used for storing
25heating oil for consumptive use on the premises where stored.
SB45-SSA1-SA1,235,2
13. Subdivision 1. does not apply to remedial action in response to an emergency
2if par. (g) applies.
SB45-SSA1-SA1,235,53 4. Notwithstanding s. 292.11 (3) and (7) (c), an owner or operator to whom subd.
41. applies is not required to begin remedial action under par. (c) 3. until the owner
5or operator receives approval under subd. 1.
SB45-SSA1-SA1, s. 1983mm 6Section 1983mm. 101.143 (3) (cm) of the statutes is amended to read:
SB45-SSA1-SA1,235,127 101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person
8owning a home oil tank system may, with the approval of the department of natural
9resources or, if the discharge is covered under s. 101.144 (2) (b), the department of
10commerce, satisfy the requirements of par. (c) 2. and 3. by proposing and
11implementing monitoring to ensure the effectiveness of the natural process of
12degradation
attenuation of petroleum product contamination.
SB45-SSA1-SA1, s. 1983tm 13Section 1983tm. 101.143 (3) (cp) of the statutes is created to read:
SB45-SSA1-SA1,235,1914 101.143 (3) (cp) Bidding process. 1. Except as provided in subds. 2. to 4., if the
15department of natural resources or, if the site is covered under s. 101.144 (2) (b), the
16department of commerce estimates that the cost to complete a site investigation,
17remedial action plan and remedial action for an occurrence exceeds $60,000, the
18department of commerce shall implement a competitive public bidding process to
19obtain information to assist in making the determination under par. (cs).
SB45-SSA1-SA1,235,2320 2. The department of commerce may not implement the process under subd.
211. if an enforcement standard is exceeded in groundwater within 1,000 feet of a well
22operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other
23well used to provide water for human consumption.
SB45-SSA1-SA1,236,224 3. The department of commerce may not implement the process under subd.
251. if the department of natural resources waives the requirement on the grounds that

1waiver is necessary in an emergency to prevent or mitigate an imminent hazard to
2public health, safety or welfare or to the environment.
SB45-SSA1-SA1,236,53 4. The department of commerce may not implement the process under subd.
41. if the secretary of natural resources waives the requirement after providing notice
5to the secretary of commerce.
SB45-SSA1-SA1, s. 1984cm 6Section 1984cm. 101.143 (3) (cs) of the statutes is created to read:
SB45-SSA1-SA1,236,147 101.143 (3) (cs) Determination of least costly method of remedial action. 1. The
8department of commerce shall review the remedial action plan for a site that is
9classified as low or medium priority under s. 101.144 (3m) and shall determine the
10least costly method of complying with par. (c) 3. and with enforcement standards.
11The department shall notify the owner or operator of its determination of the least
12costly method and shall notify the owner or operator that reimbursement for
13remedial action under this section is limited to the amount necessary to implement
14that method.
SB45-SSA1-SA1,236,2115 2. The department of natural resources and the department of commerce shall
16review the remedial action plan for a site that is classified as high priority under s.
17101.144 (3m) and shall jointly determine the least costly method of complying with
18par. (c) 3. and with enforcement standards. The departments shall notify the owner
19or operator of their determination of the least costly method and shall notify the
20owner or operator that reimbursement for remedial action under this section is
21limited to the amount necessary to implement that method.
SB45-SSA1-SA1,236,2422 3. In making determinations under subds. 1. and 2., the department of natural
23resources and the department of commerce shall determine whether natural
24attenuation will achieve compliance with par. (c) 3. and with enforcement standards.
SB45-SSA1-SA1, s. 1984m 25Section 1984m. 101.143 (3) (cw) of the statutes is created to read:
SB45-SSA1-SA1,237,8
1101.143 (3) (cw) Annual reviews. 1. The department of commerce shall conduct
2the annual review required under sub. (2) (i) 1. for a site that is classified as low or
3medium priority under s. 101.144 (3m) and shall determine the least costly method
4of completing remedial action at the site in order to comply with par. (c) 3. and with
5enforcement standards. The department shall notify the owner or operator of its
6determination of the least costly method and shall notify the owner or operator that
7reimbursement under this section for any remedial action conducted after the date
8of the notice is limited to the amount necessary to implement that method.
SB45-SSA1-SA1,237,179 2. The department of natural resources and the department of commerce shall
10conduct the annual review required under sub. (2) (i) 1. for a site that is classified as
11high priority under s. 101.144 (3m) and shall jointly determine the least costly
12method of completing remedial action at the site in order to comply with par. (c) 3.
13and with enforcement standards. The departments shall notify the owner or
14operator of their determination of the least costly method and shall notify the owner
15or operator that reimbursement under this section for remedial action conducted
16after the date of the notice is limited to the amount necessary to implement that
17method.
SB45-SSA1-SA1,237,2018 3. In making determinations under subds. 1. and 2., the department of natural
19resources and the department of commerce shall determine whether natural
20attenuation will achieve compliance with par. (c) 3. and with enforcement standards.
SB45-SSA1-SA1, s. 1985bm 21Section 1985bm. 101.143 (3) (d) of the statutes is amended to read:
SB45-SSA1-SA1,238,622 101.143 (3) (d) Review of site investigations, remedial action plans and Final
23review of
remedial action activities. The department of natural resources or, if the
24discharge is covered under s. 101.144 (2) (b), the department of commerce shall, at
25the request of the claimant, review the site investigation and the remedial action

1plan and advise the claimant on the adequacy of proposed remedial action activities
2in meeting the requirements of s. 292.11. The advice is not an approval of the
3remedial action activities.
The department of natural resources or, if the discharge
4is covered under s. 101.144 (2) (b), the department of commerce shall complete a final
5review of the remedial action activities within 60 days after the claimant notifies the
6appropriate department that the remedial action activities are completed.
SB45-SSA1-SA1, s. 1985em 7Section 1985em. 101.143 (3) (g) (intro.) and 1. of the statutes are consolidated,
8renumbered 101.143 (3) (g) and amended to read:
SB45-SSA1-SA1,238,179 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1.
10and 2., an owner or operator or the person may submit a claim for an award under
11sub. (4) after notifying the department under par. (a) 3., without completing an
12investigation under par. (c) 1. and without preparing a remedial action plan under
13par. (c) 2. if any of the following apply: 1. An an emergency existed which made the
14investigation under par. (c) 1. and the remedial action plan under par. (c) 2.
15inappropriate and, before conducting remedial action, the owner or operator or
16person notified the department of natural resources of the emergency and the
17department of natural resources authorized emergency action
.
SB45-SSA1-SA1, s. 1985fm 18Section 1985fm. 101.143 (3) (g) 2. of the statutes is repealed.
SB45-SSA1-SA1, s. 1985mm 19Section 1985mm. 101.143 (4) (b) (intro.) of the statutes is amended to read:
SB45-SSA1-SA1,238,2320 101.143 (4) (b) Eligible costs. (intro.) Eligible Except as provided in par. (c),
21eligible
costs for an award under par. (a) include actual costs or, if the department
22establishes a schedule usual and customary cost under par. (cm) for an item, usual
23and customary costs for the following items only:
SB45-SSA1-SA1, s. 1986gm 24Section 1986gm. 101.143 (4) (c) 10. of the statutes is created to read:
SB45-SSA1-SA1,239,2
1101.143 (4) (c) 10. Costs incurred with respect to a discharge if sub. (3) (cg) 1.
2applies and remedial action is begun before approval is given under sub. (3) (cg) 1.
SB45-SSA1-SA1, s. 1986i 3Section 1986i. 101.143 (4) (c) 11. of the statutes is created to read:
SB45-SSA1-SA1,239,54 101.143 (4) (c) 11. Costs that exceed the amount necessary to comply with sub.
5(3) (c) 3. and with enforcement standards using the least costly method.
SB45-SSA1-SA1, s. 1986k 6Section 1986k. 101.143 (4) (c) 12. of the statutes is created to read:
SB45-SSA1-SA1,239,97 101.143 (4) (c) 12. Costs that are incurred after the date of a notice under sub.
8(3) (cw) 1. or 2. and that exceed the amount necessary to comply with sub. (3) (c) 3.
9and with enforcement standards using the method specified in the notice.
SB45-SSA1-SA1, s. 1986mm 10Section 1986mm. 101.143 (4) (cm) of the statutes is renumbered 101.143 (4)
11(cm) 1. and amended to read:
SB45-SSA1-SA1,239,2312 101.143 (4) (cm) 1. The department may shall establish a schedule of usual and
13customary costs for any items under par. (b) and may that are commonly associated
14with claims under this section. The department shall
use that schedule to determine
15the amount of a claimant's eligible costs for an occurrence for which a competitive
16bidding process is not used, except in circumstances under which higher costs must
17be incurred to comply with sub. (3) (c) 3. and with enforcement standards. For an
18occurrence for which a competitive bidding process is used, the department may not
19use the schedule. In the schedule, the department shall specify the maximum
20number of reimbursable hours for particular tasks and the maximum reimbursable
21hourly rates for those tasks. The department shall use methods of data collection and
22analysis that enable the schedule to be revised to reflect changes in actual costs. This
23subdivision does not apply after June 30, 2001
.
SB45-SSA1-SA1, s. 1986pm 24Section 1986pm. 101.143 (4) (cm) 2. of the statutes is created to read:
SB45-SSA1-SA1,240,4
1101.143 (4) (cm) 2. The department may establish a schedule of usual and
2customary costs for any items under par. (b) and may use that schedule to determine
3the amount of a claimant's eligible costs. This subdivision applies after June 30,
42001.
SB45-SSA1-SA1, s. 1987b 5Section 1987b. 101.143 (4) (d) 2. (intro.) of the statutes is amended to read:
SB45-SSA1-SA1,240,166 101.143 (4) (d) 2. (intro.) The department shall issue the award under this
7paragraph without regard to fault in an amount equal to the amount of the eligible
8costs that exceeds a deductible amount of $2,500 plus 5% of the eligible costs 100%
9of the amount by which eligible costs exceed $18,750 but do not exceed $21,250, plus
1010% of the amount by which eligible costs exceed $21,250 but do not exceed $40,000,
11plus 5% of the amount by which eligible costs exceed $40,000
, but not more than
12$7,500 per occurrence, except that the deductible amount for a petroleum product
13storage system that is owned by a school district or a technical college district and
14that is used for storing heating oil for consumptive use on the premises is 25% of
15eligible costs. An award issued under this paragraph may not exceed the following
16for each occurrence:".
SB45-SSA1-SA1,240,17 17834. Page 1033, line 1: delete "$270,000,000" and substitute "$450,000,000".
SB45-SSA1-SA1,240,18 18835. Page 1033, line 6: delete lines 6 to 21.
SB45-SSA1-SA1,240,20 19836. Page 1034, line 9: delete the material beginning with that line and
20ending with page 1037, line 19, and substitute:
SB45-SSA1-SA1,240,21 21" Section 1994mm. 101.143 (11) of the statutes is created to read:
SB45-SSA1-SA1,241,422 101.143 (11) Annual report. No later than October 1 annually, the department
23of commerce and the department of natural resources shall submit to the joint
24legislative audit committee, to the joint committee on finance and to the appropriate

1standing committees of the legislature, under s. 13.172 (3), a report on the program
2under this section for the fiscal year ending on June 30 of the year in which the report
3is submitted. The departments shall include all of the following information in the
4report:
SB45-SSA1-SA1,241,65 (a) The number of notices received under sub. (3) (a) 3. and the number of
6approvals given under sub. (3) (c) 4.
SB45-SSA1-SA1,241,77 (b) The percentage of sites classified as high priority under s. 101.144 (3m).
SB45-SSA1-SA1,241,108 (c) The name of each person providing engineering consulting services to a
9claimant under this section and the number of claimants to whom the person has
10provided those services.
SB45-SSA1-SA1,241,1211 (d) The charges for engineering consulting services for sites for which
12approvals are given under sub. (3) (c) 4. and for other sites.
SB45-SSA1-SA1,241,1513 (e) The charges by service providers other than engineering consultants for
14services for which reimbursement is provided under this section, including
15excavating, hauling, laboratory testing and landfill disposal.
SB45-SSA1-SA1,241,1816 (f) Strategies for recording and monitoring complaints of fraud in the program
17under this section and for the use of employes of the department of commerce who
18conduct audits to identify questionable claims and investigate complaints.".
SB45-SSA1-SA1,241,19 19837. Page 1037, line 25: delete "501 (c) (3)" and substitute "501 (c) (6)".
SB45-SSA1-SA1,241,22 20838. Page 1038, line 12: delete lines 12 and 13 and substitute "granted under
21s. 101.65 (1) (a) jointly under s. 101.65 (1) (b), unless any of the following conditions
22are met:".
SB45-SSA1-SA1,241,24 23839. Page 1038, line 14: delete that line and substitute: "(a) The municipality
24adopts a resolution requesting under sub. (3) (a) that a county enforce this".
SB45-SSA1-SA1,242,1
1840. Page 1038, line 16: delete "the department or".
SB45-SSA1-SA1,242,4 2841. Page 1038, line 19: delete that line and substitute: "(b) The municipality
3adopts a resolution determining not to exercise jurisdiction over the construction and
4inspection".
SB45-SSA1-SA1,242,6 5842. Page 1038, line 21: delete "sub. (3) that the department or" and
6substitute "sub. (3) (a) that".
SB45-SSA1-SA1,242,8 7843. Page 1038, line 23: delete "sub. (3) that the department" and substitute
8"sub. (3) (a) that".
SB45-SSA1-SA1,242,10 10845. Page 1038, line 25: after that line insert:
SB45-SSA1-SA1,242,14 11"(c) Under sub. (3) (b), the department enforces this subchapter or an ordinance
12enacted under s. 101.65 (1) (a) throughout the municipality and provides inspection
13services in the municipality to administer and enforce this subchapter or an
14ordinance enacted under s. 101.65 (1) (a).".
SB45-SSA1-SA1,242,15 15846. Page 1039, line 1: before that line insert:
SB45-SSA1-SA1,242,16 16" Section 1998aw. 101.651 (3) (title) of the statutes is created to read:
SB45-SSA1-SA1,242,1817 101.651 (3) (title) Departmental and county authority in municipalities;
18generally.
".
SB45-SSA1-SA1,242,19 19847. Page 1039, line 1: delete lines 1 to 3 and substitute:
SB45-SSA1-SA1,242,21 20" Section 1998ax. 101.651 (3) of the statutes is renumbered 101.651 (3) (a) and
21amended to read:
SB45-SSA1-SA1,242,2322 101.651 (3) (a) Except as provided in par. (b) or sub. (3m) or (3s), the department
23or a county may not enforce".
SB45-SSA1-SA1,243,1
1848. Page 1039, line 10: after that line insert:
SB45-SSA1-SA1,243,2 2" Section 1998az. 101.651 (3) (b) of the statutes is created to read:
SB45-SSA1-SA1,243,63 101.651 (3) (b) The department shall provide inspection services and shall
4enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout
5any municipality that does not exercise jurisdiction under sub. (2m) and that has not
6adopted a resolution under sub. (2m) (a) or (b).".
SB45-SSA1-SA1,243,7 7849. Page 1079, line 11: after that line insert:
SB45-SSA1-SA1,243,9 8" Section 2002c. 102.27 (2) (a) of the statutes, as affected by 1999 Wisconsin
9Act .... (this act), is amended to read:
SB45-SSA1-SA1,243,1210 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e),
11301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), or 767.265 (1) or (2m), 767.51 (3m) (c)
12or 767.62 (4) (b) 3
.".
SB45-SSA1-SA1,243,13 13850. Page 1080, line 2: after that line insert:
SB45-SSA1-SA1,243,14 14" Section 2005d. 103.49 (3) (ar) of the statutes is amended to read:
SB45-SSA1-SA1,244,215 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am) for
16building, residential or agricultural projects
, the department may not use data from
17projects that are subject to this section, s. 66.293 or 103.50 or 40 USC 276a. In
18determining prevailing wage rates for projects involving the use of heavy equipment,

19unless the department determines that there is insufficient wage data in the area
20to determine those prevailing wage rates, in which case
the department may use data
21from projects that are subject to this section, s. 66.293 or 103.50 or 40 USC 276a. The
22department may also use data from a project that is subject to this section, s. 66.293
23or 103.50 or 40 USC 276a in determining prevailing wage rates under par. (a) or (am)

1if the department determines that the wage rate paid on that project is higher than
2the prevailing wage rate determined for that project.
".
SB45-SSA1-SA1,244,3 3851. Page 1082, line 3: delete lines 3 to 24.
SB45-SSA1-SA1,244,4 4852. Page 1083, line 1: delete lines 1 to 17 and substitute:
SB45-SSA1-SA1,244,5 5" Section 2013d. 106.12 of the statutes is amended to read:
SB45-SSA1-SA1,244,17 6106.12 Division of connecting education and work. Based on the
7recommendations of the governor's council on workforce excellence, the
The division
8of connecting education and work shall plan, coordinate, administer and implement
9the department's workforce excellence initiatives, programs, policies and funding,
10the youth apprenticeship and school-to-work programs under s. 106.13 and such
11other employment and education programs as the governor may by executive order
12assign to the division. Notwithstanding any limitations placed on the use of state
13employment and education funds under this section or s. 106.13, 106.14, 106.15,
14106.20 or 106.21 or under an executive order assigning an employment and
15education program to the division, the secretary may issue a general or special order
16waiving any of those limitations on finding that the waiver will promote the
17coordination of employment and education services.".
SB45-SSA1-SA1,244,21 18853. Page 1083, line 21: delete lines 21 to 23 and substitute "the department
19of public instruction shall assist the department of workforce development in
20providing the youth apprenticeship program and school-to-work program under
21sub. (1).".
SB45-SSA1-SA1,244,23 22854. Page 1084, line 2: delete "department The board" and substitute "The
23department".
SB45-SSA1-SA1,244,24 24855. Page 1084, line 5: delete "(1) (ev) (7) (a)" and substitute "(1) (ev)".
SB45-SSA1-SA1,245,2
1856. Page 1084, line 6: delete "department board" and substitute
2"department".
SB45-SSA1-SA1,245,3 3857. Page 1084, line 8: delete lines 8 to 25.
SB45-SSA1-SA1,245,4 4858. Page 1085, line 1: delete lines 1 to 25.
SB45-SSA1-SA1,245,5 5859. Page 1086, line 1: delete lines 1 to 22.
SB45-SSA1-SA1,245,6 6860. Page 1092, line 2: after that line insert:
SB45-SSA1-SA1,245,7 7" Section 2030t. 109.09 (2) (c) of the statutes is amended to read:
SB45-SSA1-SA1,245,168 109.09 (2) (c) A lien under par. (a) takes precedence over all other debts,
9judgments, decrees, liens or mortgages against the employer that originate after the
10lien takes effect as provided in par. (b) 1. or 2.
, except a lien of a financial institution,
11as defined in s. 69.30 (1) (b), that originates before the lien under par. (a) takes effect
12or
a lien under s. 292.31 (8) (i) or 292.81, and. A lien under par. (a) may be enforced
13in the manner provided in ss. 779.09 to 779.12, 779.20 and 779.21, insofar as those
14provisions are applicable. The lien ceases to exist if the department of workforce
15development or the employe does not bring an action to enforce the lien within the
16period prescribed in s. 893.44 for the underlying wage claim.".
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