Amendment ASA1-AB40

AB40-ASA1, s. 2330g Section 2330g. 101.09 (3m) of the statutes is created to read:

AB40-ASA1,939,19 101.09 (3m) Secondary containment requirements. (a) In this subsection, "hazardous substance" means a combustible liquid, a flammable liquid, or a federally regulated hazardous substance.

AB40-ASA1,939,24 (b) The department may not impose any requirement that specifies that pipe connections at the top of a storage tank and beneath all freestanding pumps and dispensers that routinely contain a hazardous substance be placed within secondary containment sumps, if the pipe connections were installed or in place on or before February 1, 2009. This subsection does not apply after December 31, 2020.

AB40-ASA1, s. 2331 Section 2331. 101.1206 (title) of the statutes is created to read:

AB40-ASA1,940,2 101.1206 (title) Erosion control; construction of public buildings and buildings that are places of employment.

AB40-ASA1, s. 2333 Section 2333. 101.136 of the statutes is repealed.

AB40-ASA1, s. 2338 Section 2338. 101.143 (2) (d) of the statutes is amended to read:

AB40-ASA1,940,8 101.143 (2) (d) The department shall reserve a portion, not to exceed 20%, of the amount annually appropriated under s. 20.143 (3) 20.165 (2) (v) for awards under this section to be used to fund emergency remedial action and claims that exceed the amount initially anticipated.

AB40-ASA1, s. 2339 Section 2339. 101.143 (2) (h) (intro.) of the statutes is amended to read:

AB40-ASA1,940,13 101.143 (2) (h) (intro.) The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:

AB40-ASA1, s. 2340 Section 2340. 101.143 (2) (i) (intro.) of the statutes is amended to read:

AB40-ASA1,940,20 101.143 (2) (i) (intro.) The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employees of the department of commerce safety and professional services and the department of natural resources while remedial actions are being conducted. The departments shall specify procedures that include all of the following:

AB40-ASA1, s. 2341 Section 2341. 101.143 (2) (j) (intro.) of the statutes is amended to read:

AB40-ASA1,940,24 101.143 (2) (j) (intro.) The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying all of the following:

AB40-ASA1, s. 2342 Section 2342. 101.143 (2) (k) of the statutes is amended to read:

AB40-ASA1,941,13 101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of commerce safety and professional services and the department of natural resources shall attempt to reach an agreement that is consistent with those provisions. If the department of commerce safety and professional services and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with pars. (h) to (j). The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of commerce safety and professional services and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB40-ASA1, s. 2343 Section 2343. 101.143 (2) (L) of the statutes is amended to read:

AB40-ASA1,941,19 101.143 (2) (L) The department may promulgate rules for the assessment and collection of fees to recover its costs for providing approval under sub. (3) (c) 4. and for providing other assistance requested by applicants under this section. Any moneys collected under this paragraph shall be credited to the appropriation account under s. 20.143 (3) 20.165 (2) (Lm).

AB40-ASA1, s. 2344 Section 2344. 101.143 (2e) (a) of the statutes is amended to read:

AB40-ASA1,942,2 101.143 (2e) (a) The department of commerce safety and professional services and the department of natural resources shall attempt to agree on a method, which shall include individualized consideration of the routes for migration of petroleum product contamination at each site, for determining the risk to public health, safety and welfare and to the environment posed by discharges for which the department of commerce safety and professional services receives notification under sub. (3) (a) 3.

AB40-ASA1, s. 2345 Section 2345. 101.143 (2e) (b) of the statutes is amended to read:

AB40-ASA1,942,14 101.143 (2e) (b) If the department of commerce safety and professional services and the department of natural resources are unable to reach an agreement under par. (a), they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with par. (a). The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of commerce safety and professional services and the department of natural resources under par. (a) and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB40-ASA1, s. 2346 Section 2346. 101.143 (2e) (c) of the statutes is amended to read:

AB40-ASA1,942,20 101.143 (2e) (c) The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce safety and professional services shall apply the method in the rules promulgated under par. (b) to determine the risk posed by a discharge for which the department of commerce safety and professional services receives notification under sub. (3) (a) 3.

AB40-ASA1, s. 2347 Section 2347. 101.143 (2m) of the statutes is amended to read:

AB40-ASA1,943,2 101.143 (2m) Interdepartmental coordination. Whenever the department of commerce safety and professional services receives a notification under sub. (3) (a) 3. or the department of natural resources receives a notification of a petroleum product discharge under s. 292.11, the department receiving the notification shall contact the other department and shall schedule a meeting of the owner or operator or person owning a home oil tank system and representatives of both departments.

AB40-ASA1, s. 2348 Section 2348. 101.143 (3) (c) 4. of the statutes is amended to read:

AB40-ASA1,943,7 101.143 (3) (c) 4. Receive written approval from the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), from the department of commerce safety and professional services that the remedial action activities performed under subd. 3. meet the requirements of s. 292.11.

AB40-ASA1, s. 2349 Section 2349. 101.143 (3) (cm) of the statutes is amended to read:

AB40-ASA1,943,14 101.143 (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 safety and professional services, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of natural attenuation of petroleum product contamination.

AB40-ASA1, s. 2350 Section 2350. 101.143 (3) (cp) 1. of the statutes is amended to read:

AB40-ASA1,943,22 101.143 (3) (cp) 1. Except as provided in subds. 2. to 5., if the department of natural resources or, if the site is covered under s. 101.144 (2) (b), the department of commerce safety and professional services 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 safety and professional services shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).

AB40-ASA1, s. 2351 Section 2351. 101.143 (3) (cp) 2. of the statutes is amended to read:

AB40-ASA1,944,3 101.143 (3) (cp) 2. The department of commerce safety and professional services or the department of natural resources may waive the requirement 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.

AB40-ASA1, s. 2352 Section 2352. 101.143 (3) (cp) 5. of the statutes is amended to read:

AB40-ASA1,944,7 101.143 (3) (cp) 5. The department of commerce safety and professional services or the department of natural resources may waive the requirement under subd. 1. after providing notice to the other department.

AB40-ASA1, s. 2353 Section 2353. 101.143 (3) (cp) 6. of the statutes is amended to read:

AB40-ASA1,944,13 101.143 (3) (cp) 6. The department of commerce safety and professional services may disqualify a bid received under subd. 1. if, based on information available to the department and experience with remedial action at other sites, the bid is unlikely to establish an amount to sufficiently fund remedial action that will comply with par. (c) 3. and with enforcement standards.

AB40-ASA1, s. 2354 Section 2354. 101.143 (3) (cp) 7. of the statutes is amended to read:

AB40-ASA1,944,18 101.143 (3) (cp) 7. The department of commerce safety and professional services may disqualify a person from submitting bids under subd. 1. if, based on past performance of the bidder, the department determines that the person has demonstrated an inability to complete remedial action within established cost limits.

AB40-ASA1, s. 2355 Section 2355. 101.143 (3) (cs) 1. of the statutes is amended to read:

AB40-ASA1,945,2 101.143 (3) (cs) 1. The department of commerce safety and professional services shall review the remedial action plan for a site that is classified as low or medium risk under s. 101.144 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.

AB40-ASA1, s. 2356 Section 2356. 101.143 (3) (cs) 2. of the statutes is amended to read:

AB40-ASA1,945,11 101.143 (3) (cs) 2. The department of natural resources and the department of commerce safety and professional services shall review the remedial action plan for a site that is classified as high risk under s. 101.144 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.

AB40-ASA1, s. 2357 Section 2357. 101.143 (3) (cs) 3. of the statutes is amended to read:

AB40-ASA1,945,16 101.143 (3) (cs) 3. In making determinations under subds. 1. and 2., the department of natural resources and the department of commerce safety and professional services shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB40-ASA1, s. 2358 Section 2358. 101.143 (3) (cs) 4. of the statutes is amended to read:

AB40-ASA1,945,25 101.143 (3) (cs) 4. The department of commerce safety and professional services may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions. The department of commerce safety and professional services and the department of natural resources may review and modify an amount established under subd. 2. if the departments determine that new circumstances, including newly discovered contamination at a site, warrant those actions.

AB40-ASA1, s. 2359 Section 2359. 101.143 (3) (cw) 1. of the statutes is amended to read:

AB40-ASA1,946,10 101.143 (3) (cw) 1. The department of commerce safety and professional services shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as low or medium risk under s. 101.144 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.

AB40-ASA1, s. 2360 Section 2360. 101.143 (3) (cw) 2. of the statutes is amended to read:

AB40-ASA1,946,20 101.143 (3) (cw) 2. The department of natural resources and the department of commerce safety and professional services shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144 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.

AB40-ASA1, s. 2361 Section 2361. 101.143 (3) (cw) 3. of the statutes is amended to read:

AB40-ASA1,946,25 101.143 (3) (cw) 3. In making determinations under subds. 1. and 2., the department of natural resources and the department of commerce safety and professional services shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB40-ASA1, s. 2362 Section 2362. 101.143 (3) (cw) 4. of the statutes is amended to read:

AB40-ASA1,947,9 101.143 (3) (cw) 4. The department of commerce safety and professional services may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions. The department of commerce safety and professional services and the department of natural resources may review and modify an amount established under subd. 2. if the departments determine that new circumstances, including newly discovered contamination at a site, warrant those actions.

AB40-ASA1, s. 2363 Section 2363. 101.143 (3) (d) of the statutes is amended to read:

AB40-ASA1,947,15 101.143 (3) (d) 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 safety and professional services 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.

AB40-ASA1, s. 2364 Section 2364. 101.143 (3) (f) 5. of the statutes is amended to read:

AB40-ASA1,947,18 101.143 (3) (f) 5. The written approval of the department of natural resources or the department of commerce safety and professional services under par. (c) 4.

AB40-ASA1, s. 2365 Section 2365. 101.143 (3) (g) of the statutes is amended to read:

AB40-ASA1,948,4 101.143 (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 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 commerce safety and professional services and the department of natural resources of the emergency and the department of commerce safety and professional services and the department of natural resources authorized emergency action.

AB40-ASA1, s. 2366 Section 2366. 101.143 (4) (a) 6. of the statutes is amended to read:

AB40-ASA1,948,8 101.143 (4) (a) 6. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.143 (3) 20.165 (2) (v) as awards for petroleum product storage systems described in par. (ei).

AB40-ASA1, s. 2367 Section 2367. 101.143 (4) (a) 7. of the statutes is amended to read:

AB40-ASA1,948,13 101.143 (4) (a) 7. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.143 (3) 20.165 (2) (v) as awards for petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored.

AB40-ASA1, s. 2368 Section 2368. 101.143 (4) (cc) 2. b. of the statutes is amended to read:

AB40-ASA1,948,18 101.143 (4) (cc) 2. b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 560.13 238.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

AB40-ASA1, s. 2369 Section 2369. 101.143 (4) (ei) 2m. of the statutes is amended to read:

AB40-ASA1,948,24 101.143 (4) (ei) 2m. The owner or operator of the farm tank has received a letter or notice from the department of commerce safety and professional services or department of natural resources indicating that the owner or operator must conduct a site investigation or remedial action because of a discharge from the farm tank or an order to conduct such an investigation or remedial action.

AB40-ASA1, s. 2370 Section 2370. 101.143 (4) (es) 1. of the statutes is amended to read:

AB40-ASA1,949,7 101.143 (4) (es) 1. The department shall issue an award for a claim filed after August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987, by an owner or operator or a person owning a home oil tank system in investigating the existence of a discharge or investigating the presence of petroleum products in soil or groundwater if the investigation is undertaken at the written direction of the department of commerce safety and professional services or the department of natural resources and no discharge or contamination is found.

AB40-ASA1, s. 2371 Section 2371. 101.144 (3) (b) of the statutes is amended to read:

AB40-ASA1,949,10 101.144 (3) (b) The department of commerce safety and professional services requests the department of natural resources to take the action or issue the order.

AB40-ASA1, s. 2372 Section 2372. 101.144 (3) (c) of the statutes is amended to read:

AB40-ASA1,949,13 101.144 (3) (c) The secretary of natural resources approves the action or order in advance after notice to the secretary of commerce safety and professional services.

AB40-ASA1, s. 2373 Section 2373. 101.144 (3g) (a) of the statutes is amended to read:

AB40-ASA1,950,8 101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce safety and professional services and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of commerce safety and professional services and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of commerce safety and professional services shall promulgate rules incorporating any agreement between the department of commerce safety and professional services and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB40-ASA1, s. 2374 Section 2374. 101.144 (3g) (b) of the statutes is amended to read:

AB40-ASA1,950,15 101.144 (3g) (b) If, 6 months after rules under par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce safety and professional services shall revise the rules using the procedure for promulgating the rules in par. (a).

AB40-ASA1, s. 2375 Section 2375. 101.144 (3m) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,950,19 101.144 (3m) (a) (intro.) The department of commerce safety and professional services and the department of natural resources shall enter into a memorandum of understanding that does all of the following:

AB40-ASA1, s. 2376 Section 2376. 101.144 (3m) (b) of the statutes is amended to read:

AB40-ASA1,950,25 101.144 (3m) (b) The department of commerce safety and professional services and the department of natural resources shall submit a memorandum of understanding under this subsection to the secretary of administration for review. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.

AB40-ASA1, s. 2377 Section 2377. 101.149 (6) (b) of the statutes is amended to read:

AB40-ASA1,951,12 101.149 (6) (b) The department shall promulgate rules, in consultation with the department of health services, under which the department of commerce safety and professional services shall authorize certified heating, ventilating, and air conditioning inspectors to conduct regular inspections of sealed combustion units, as required under par. (5) (c), for carbon monoxide emissions in residential buildings other than hotels, tourist rooming houses, and bed and breakfast establishments. The rules shall specify conditions under which it may issue orders as specified under sub. (8) (a). The rules may not require the department of commerce safety and professional services to authorize inspection of sealed combustion units during the period in which the sealed combustion units are covered by a manufacturer's warranty against defects.

AB40-ASA1, s. 2378 Section 2378. 101.149 (8) (a) of the statutes is amended to read:

AB40-ASA1,951,22 101.149 (8) (a) If the department of commerce safety and professional services or the department of health services determines after an inspection of a building under this section or s. 254.74 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.

AB40-ASA1, s. 2378m Section 2378m. 101.19 (1) (k) of the statutes is amended to read: