Amendment SA1-SSA1-SB45

SB45-SSA1-SA1, s. 1983f Section 1983f. 101.143 (3) (cg) of the statutes is created to read:

SB45-SSA1-SA1,234,21 101.143 (3) (cg) Approval to begin remedial action. 1. Except as provided in subds. 2. and 3., to be eligible for an award under sub. (4) an owner or operator may not begin remedial action under par. (c) 3. with respect to a discharge without the approval of the department of commerce and the department of natural resources. The department of commerce and the department of natural resources shall jointly determine when it is appropriate to begin remedial action with respect to a discharge based on the determination of risk under sub. (2e) (b) for the discharge and the availability of funds to pay awards under sub. (4).

SB45-SSA1-SA1,234,25 2. Subdivision 1. does not apply if the discharge is from a home oil tank system, a petroleum product storage system that is described in sub. (4) (ei) 1. or a petroleum product storage system that is owned by a school district and that is used for storing heating oil for consumptive use on the premises where stored.

SB45-SSA1-SA1,235,2 3. Subdivision 1. does not apply to remedial action in response to an emergency if par. (g) applies.

SB45-SSA1-SA1,235,5 4. Notwithstanding s. 292.11 (3) and (7) (c), an owner or operator to whom subd. 1. applies is not required to begin remedial action under par. (c) 3. until the owner or operator receives approval under subd. 1.

SB45-SSA1-SA1, s. 1983mm Section 1983mm. 101.143 (3) (cm) of the statutes is amended to read:

SB45-SSA1-SA1,235,12 101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person owning a home oil tank system may, with the approval of the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of the natural process of degradation attenuation of petroleum product contamination.

SB45-SSA1-SA1, s. 1983tm Section 1983tm. 101.143 (3) (cp) of the statutes is created to read:

SB45-SSA1-SA1,235,19 101.143 (3) (cp) Bidding process. 1. Except as provided in subds. 2. to 4., if the department of natural resources or, if the site is covered under s. 101.144 (2) (b), the department of commerce estimates that the cost to complete a site investigation, remedial action plan and remedial action for an occurrence exceeds $60,000, the department of commerce shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).

SB45-SSA1-SA1,235,23 2. The department of commerce may not implement the process under subd. 1. if an enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.

SB45-SSA1-SA1,236,2 3. The department of commerce may not implement the process under subd. 1. if the department of natural resources waives the requirement on the grounds that waiver is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.

SB45-SSA1-SA1,236,5 4. The department of commerce may not implement the process under subd. 1. if the secretary of natural resources waives the requirement after providing notice to the secretary of commerce.

SB45-SSA1-SA1, s. 1984cm Section 1984cm. 101.143 (3) (cs) of the statutes is created to read:

SB45-SSA1-SA1,236,14 101.143 (3) (cs) Determination of least costly method of remedial action. 1. The department of commerce shall review the remedial action plan for a site that is classified as low or medium priority under s. 101.144 (3m) and shall determine the least costly method of complying with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement for remedial action under this section is limited to the amount necessary to implement that method.

SB45-SSA1-SA1,236,21 2. The department of natural resources and the department of commerce shall review the remedial action plan for a site that is classified as high priority under s. 101.144 (3m) and shall jointly determine the least costly method of complying with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method and shall notify the owner or operator that reimbursement for remedial action under this section is limited to the amount necessary to implement that method.

SB45-SSA1-SA1,236,24 3. In making determinations under subds. 1. and 2., the department of natural resources and the department of commerce shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

SB45-SSA1-SA1, s. 1984m Section 1984m. 101.143 (3) (cw) of the statutes is created to read:

SB45-SSA1-SA1,237,8 101.143 (3) (cw) Annual reviews. 1. The department of commerce shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as low or medium priority under s. 101.144 (3m) and shall determine the least costly method of completing remedial action at the site in order to comply with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement under this section for any remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

SB45-SSA1-SA1,237,17 2. The department of natural resources and the department of commerce shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as high priority under s. 101.144 (3m) and shall jointly determine the least costly method of completing remedial action at the site in order to comply with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method and shall notify the owner or operator that reimbursement under this section for remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

SB45-SSA1-SA1,237,20 3. In making determinations under subds. 1. and 2., the department of natural resources and the department of commerce shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

SB45-SSA1-SA1, s. 1985bm Section 1985bm. 101.143 (3) (d) of the statutes is amended to read:

SB45-SSA1-SA1,238,6 101.143 (3) (d) Review of site investigations, remedial action plans and Final review of remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall, at the request of the claimant, review the site investigation and the remedial action plan and advise the claimant on the adequacy of proposed remedial action activities in meeting the requirements of s. 292.11. The advice is not an approval of the remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.

SB45-SSA1-SA1, s. 1985em Section 1985em. 101.143 (3) (g) (intro.) and 1. of the statutes are consolidated, renumbered 101.143 (3) (g) and amended to read:

SB45-SSA1-SA1,238,17 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1. and 2., an owner or operator or the person may submit a claim for an award under sub. (4) after notifying the department under par. (a) 3., without completing an investigation under par. (c) 1. and without preparing a remedial action plan under par. (c) 2. if any of the following apply: 1. An an emergency existed which made the investigation under par. (c) 1. and the remedial action plan under par. (c) 2. inappropriate and, before conducting remedial action, the owner or operator or person notified the department of natural resources of the emergency and the department of natural resources authorized emergency action.

SB45-SSA1-SA1, s. 1985fm Section 1985fm. 101.143 (3) (g) 2. of the statutes is repealed.

SB45-SSA1-SA1, s. 1985mm Section 1985mm. 101.143 (4) (b) (intro.) of the statutes is amended to read:

SB45-SSA1-SA1,238,23 101.143 (4) (b) Eligible costs. (intro.) Eligible Except as provided in par. (c), eligible costs for an award under par. (a) include actual costs or, if the department establishes a schedule usual and customary cost under par. (cm) for an item, usual and customary costs for the following items only:

SB45-SSA1-SA1, s. 1986gm Section 1986gm. 101.143 (4) (c) 10. of the statutes is created to read:

SB45-SSA1-SA1,239,2 101.143 (4) (c) 10. Costs incurred with respect to a discharge if sub. (3) (cg) 1. applies and remedial action is begun before approval is given under sub. (3) (cg) 1.

SB45-SSA1-SA1, s. 1986i Section 1986i. 101.143 (4) (c) 11. of the statutes is created to read:

SB45-SSA1-SA1,239,5 101.143 (4) (c) 11. Costs that exceed the amount necessary to comply with sub. (3) (c) 3. and with enforcement standards using the least costly method.

SB45-SSA1-SA1, s. 1986k Section 1986k. 101.143 (4) (c) 12. of the statutes is created to read:

SB45-SSA1-SA1,239,9 101.143 (4) (c) 12. Costs that are incurred after the date of a notice under sub. (3) (cw) 1. or 2. and that exceed the amount necessary to comply with sub. (3) (c) 3. and with enforcement standards using the method specified in the notice.

SB45-SSA1-SA1, s. 1986mm Section 1986mm. 101.143 (4) (cm) of the statutes is renumbered 101.143 (4) (cm) 1. and amended to read:

SB45-SSA1-SA1,239,23 101.143 (4) (cm) 1. The department may shall establish a schedule of usual and customary costs for any items under par. (b) and may that are commonly associated with claims under this section. The department shall use that schedule to determine the amount of a claimant's eligible costs for an occurrence for which a competitive bidding process is not used, except in circumstances under which higher costs must be incurred to comply with sub. (3) (c) 3. and with enforcement standards. For an occurrence for which a competitive bidding process is used, the department may not use the schedule. In the schedule, the department shall specify the maximum number of reimbursable hours for particular tasks and the maximum reimbursable hourly rates for those tasks. The department shall use methods of data collection and analysis that enable the schedule to be revised to reflect changes in actual costs. This subdivision does not apply after June 30, 2001.

SB45-SSA1-SA1, s. 1986pm Section 1986pm. 101.143 (4) (cm) 2. of the statutes is created to read:

SB45-SSA1-SA1,240,4 101.143 (4) (cm) 2. The department may establish a schedule of usual and customary costs for any items under par. (b) and may use that schedule to determine the amount of a claimant's eligible costs. This subdivision applies after June 30, 2001.

SB45-SSA1-SA1, s. 1987b Section 1987b. 101.143 (4) (d) 2. (intro.) of the statutes is amended to read:

SB45-SSA1-SA1,240,16 101.143 (4) (d) 2. (intro.) The department shall issue the award under this paragraph without regard to fault in an amount equal to the amount of the eligible costs that exceeds a deductible amount of $2,500 plus 5% of the eligible costs 100% of the amount by which eligible costs exceed $18,750 but do not exceed $21,250, plus 10% of the amount by which eligible costs exceed $21,250 but do not exceed $40,000, plus 5% of the amount by which eligible costs exceed $40,000, but not more than $7,500 per occurrence, except that the deductible amount for a petroleum product storage system that is owned by a school district or a technical college district and that is used for storing heating oil for consumptive use on the premises is 25% of eligible costs. An award issued under this paragraph may not exceed the following for each occurrence:".

SB45-SSA1-SA1,240,17 834. Page 1033, line 1: delete "$270,000,000" and substitute "$450,000,000".

SB45-SSA1-SA1,240,18 835. Page 1033, line 6: delete lines 6 to 21.

SB45-SSA1-SA1,240,20 836. Page 1034, line 9: delete the material beginning with that line and ending with page 1037, line 19, and substitute:

SB45-SSA1-SA1,240,21 " Section 1994mm. 101.143 (11) of the statutes is created to read:

SB45-SSA1-SA1,241,4 101.143 (11) Annual report. No later than October 1 annually, the department of commerce and the department of natural resources shall submit to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, under s. 13.172 (3), a report on the program under this section for the fiscal year ending on June 30 of the year in which the report is submitted. The departments shall include all of the following information in the report:

SB45-SSA1-SA1,241,6 (a) The number of notices received under sub. (3) (a) 3. and the number of approvals given under sub. (3) (c) 4.

SB45-SSA1-SA1,241,7 (b) The percentage of sites classified as high priority under s. 101.144 (3m).

SB45-SSA1-SA1,241,10 (c) The name of each person providing engineering consulting services to a claimant under this section and the number of claimants to whom the person has provided those services.

SB45-SSA1-SA1,241,12 (d) The charges for engineering consulting services for sites for which approvals are given under sub. (3) (c) 4. and for other sites.

SB45-SSA1-SA1,241,15 (e) The charges by service providers other than engineering consultants for services for which reimbursement is provided under this section, including excavating, hauling, laboratory testing and landfill disposal.

SB45-SSA1-SA1,241,18 (f) Strategies for recording and monitoring complaints of fraud in the program under this section and for the use of employes of the department of commerce who conduct audits to identify questionable claims and investigate complaints.".

SB45-SSA1-SA1,241,19 837. Page 1037, line 25: delete "501 (c) (3)" and substitute "501 (c) (6)".

SB45-SSA1-SA1,241,22 838. Page 1038, line 12: delete lines 12 and 13 and substitute "granted under s. 101.65 (1) (a) jointly under s. 101.65 (1) (b), unless any of the following conditions are met:".

SB45-SSA1-SA1,241,24 839. Page 1038, line 14: delete that line and substitute: "(a) The municipality adopts a resolution requesting under sub. (3) (a) that a county enforce this".

SB45-SSA1-SA1,242,1 840. Page 1038, line 16: delete "the department or".

SB45-SSA1-SA1,242,4 841. Page 1038, line 19: delete that line and substitute: "(b) The municipality adopts a resolution determining not to exercise jurisdiction over the construction and inspection".

SB45-SSA1-SA1,242,6 842. Page 1038, line 21: delete "sub. (3) that the department or" and substitute "sub. (3) (a) that".

SB45-SSA1-SA1,242,8 843. Page 1038, line 23: delete "sub. (3) that the department" and substitute "sub. (3) (a) that".

SB45-SSA1-SA1,242,9 844. Page 1038, line 24: delete "or".

SB45-SSA1-SA1,242,10 845. Page 1038, line 25: after that line insert:

SB45-SSA1-SA1,242,14 "(c) Under sub. (3) (b), the department enforces this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and provides inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a).".

SB45-SSA1-SA1,242,15 846. Page 1039, line 1: before that line insert:

SB45-SSA1-SA1,242,16 " Section 1998aw. 101.651 (3) (title) of the statutes is created to read:

SB45-SSA1-SA1,242,18 101.651 (3) (title) Departmental and county authority in municipalities; generally.".

SB45-SSA1-SA1,242,19 847. Page 1039, line 1: delete lines 1 to 3 and substitute:

SB45-SSA1-SA1,242,21 " Section 1998ax. 101.651 (3) of the statutes is renumbered 101.651 (3) (a) and amended to read:

SB45-SSA1-SA1,242,23 101.651 (3) (a) Except as provided in par. (b) or sub. (3m) or (3s), the department or a county may not enforce".

SB45-SSA1-SA1,243,1 848. Page 1039, line 10: after that line insert:

SB45-SSA1-SA1,243,2 " Section 1998az. 101.651 (3) (b) of the statutes is created to read:

SB45-SSA1-SA1,243,6 101.651 (3) (b) The department shall provide inspection services and shall enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout any municipality that does not exercise jurisdiction under sub. (2m) and that has not adopted a resolution under sub. (2m) (a) or (b).".

SB45-SSA1-SA1,243,7 849. Page 1079, line 11: after that line insert:

SB45-SSA1-SA1,243,9 " Section 2002c. 102.27 (2) (a) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB45-SSA1-SA1,243,12 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), or 767.265 (1) or (2m), 767.51 (3m) (c) or 767.62 (4) (b) 3.".

SB45-SSA1-SA1,243,13 850. Page 1080, line 2: after that line insert:

SB45-SSA1-SA1,243,14 " Section 2005d. 103.49 (3) (ar) of the statutes is amended to read:

SB45-SSA1-SA1,244,2 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am) for building, residential or agricultural projects, the department may not use data from projects that are subject to this section, s. 66.293 or 103.50 or 40 USC 276a. In determining prevailing wage rates for projects involving the use of heavy equipment, unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.293 or 103.50 or 40 USC 276a. The department may also use data from a project that is subject to this section, s. 66.293 or 103.50 or 40 USC 276a in determining prevailing wage rates under par. (a) or (am) if the department determines that the wage rate paid on that project is higher than the prevailing wage rate determined for that project.".

SB45-SSA1-SA1,244,3 851. Page 1082, line 3: delete lines 3 to 24.

SB45-SSA1-SA1,244,4 852. Page 1083, line 1: delete lines 1 to 17 and substitute:

SB45-SSA1-SA1,244,5 " Section 2013d. 106.12 of the statutes is amended to read:

SB45-SSA1-SA1,244,17 106.12 Division of connecting education and work. Based on the recommendations of the governor's council on workforce excellence, the The division of connecting education and work shall plan, coordinate, administer and implement the department's workforce excellence initiatives, programs, policies and funding, the youth apprenticeship and school-to-work programs under s. 106.13 and such other employment and education programs as the governor may by executive order assign to the division. Notwithstanding any limitations placed on the use of state employment and education funds under this section or s. 106.13, 106.14, 106.15, 106.20 or 106.21 or under an executive order assigning an employment and education program to the division, the secretary may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.".

SB45-SSA1-SA1,244,21 853. Page 1083, line 21: delete lines 21 to 23 and substitute "the department of public instruction shall assist the department of workforce development in providing the youth apprenticeship program and school-to-work program under sub. (1).".

SB45-SSA1-SA1,244,23 854. Page 1084, line 2: delete "department The board" and substitute "The department".

SB45-SSA1-SA1,244,24 855. Page 1084, line 5: delete "(1) (ev) (7) (a)" and substitute "(1) (ev)".

SB45-SSA1-SA1,245,2 856. Page 1084, line 6: delete "department board" and substitute "department".

SB45-SSA1-SA1,245,3 857. Page 1084, line 8: delete lines 8 to 25.

SB45-SSA1-SA1,245,4 858. Page 1085, line 1: delete lines 1 to 25.

SB45-SSA1-SA1,245,5 859. Page 1086, line 1: delete lines 1 to 22.

SB45-SSA1-SA1,245,6 860. Page 1092, line 2: after that line insert:

SB45-SSA1-SA1,245,7 " Section 2030t. 109.09 (2) (c) of the statutes is amended to read:

SB45-SSA1-SA1,245,16 109.09 (2) (c) A lien under par. (a) takes precedence over all other debts, judgments, decrees, liens or mortgages against the employer that originate after the lien takes effect as provided in par. (b) 1. or 2., except a lien of a financial institution, as defined in s. 69.30 (1) (b), that originates before the lien under par. (a) takes effect or a lien under s. 292.31 (8) (i) or 292.81, and. A lien under par. (a) may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20 and 779.21, insofar as those provisions are applicable. The lien ceases to exist if the department of workforce development or the employe does not bring an action to enforce the lien within the period prescribed in s. 893.44 for the underlying wage claim.".