Amendment ASA1-AB40

AB40-ASA1,1182,4 254.02 (3) (a) The department of agriculture, trade and consumer protection, the department of corrections, the department of commerce safety and professional services, and the department of natural resources shall enter into memoranda of understanding with the department to establish protocols for the department to review proposed rules of those state agencies relating to air and water quality, occupational health and safety, institutional sanitation, toxic substances, indoor air quality, food protection or waste handling and disposal.

AB40-ASA1, s. 2881 Section 2881. 254.176 (2) (e) of the statutes is amended to read:

AB40-ASA1,1182,10 254.176 (2) (e) A person who engages in the business of installing or servicing heating, ventilating or air conditioning equipment if the person is registered with the department of commerce safety and professional services and if the person engages in activities that constitute lead hazard reduction, only to the extent that the activities are within the scope of his or her registration.

AB40-ASA1, s. 2883 Section 2883. 254.22 (4) of the statutes is amended to read:

AB40-ASA1,1182,13 254.22 (4) Assist the department of commerce safety and professional services with the enforcement of s. 101.123.

AB40-ASA1, s. 2884 Section 2884. 254.51 (2) of the statutes is amended to read:

AB40-ASA1,1182,18 254.51 (2) The department shall enter into memoranda of understanding with the department of agriculture, trade and consumer protection, the department of commerce safety and professional services, and the department of natural resources regarding the investigation and control of animal-borne and vector-borne disease.

AB40-ASA1, s. 2886 Section 2886. 254.73 (1) of the statutes is amended to read:

AB40-ASA1,1182,25 254.73 (1) Every hotel with sleeping accommodations with more than 12 bedrooms above the first story shall, between the hours of 12 midnight and 6 a.m. provide a system of security personnel patrol, or of mechanical and electrical devices, or both, adequate, according to standards established by the department of commerce safety and professional services, to warn all guests and employees in time to permit their evacuation in case of fire.

AB40-ASA1, s. 2887 Section 2887. 254.74 (1) (am) of the statutes is amended to read:

AB40-ASA1,1183,10 254.74 (1) (am) Promulgate rules, in consultation with the department of commerce safety and professional services, under which the department of health services shall conduct regular inspections of sealed combustion units, as required under s. 101.149 (5) (c), for carbon monoxide emissions in hotels, tourist rooming houses, and bed and breakfast establishments. The rules shall specify conditions under which it may issue orders as specified under s. 101.149 (8) (a). The rules may not require the department of health services to inspect sealed combustion units during the period in which the sealed combustion units are covered by a manufacturer's warranty against defects.

AB40-ASA1, s. 2888 Section 2888. 254.78 of the statutes is amended to read:

AB40-ASA1,1183,15 254.78 Authority of department of commerce safety and professional services. Nothing in this chapter shall affect the authority of the department of commerce safety and professional services relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.

AB40-ASA1, s. 2889 Section 2889. 254.79 of the statutes is amended to read:

AB40-ASA1,1183,19 254.79 Joint employment. The department and the department of commerce safety and professional services may employ experts, inspectors or other assistants jointly.

AB40-ASA1, s. 2890e Section 2890e. 255.054 (1) of the statutes is amended to read:

AB40-ASA1,1184,2 255.054 (1) The Medical College of Wisconsin, Inc. , and the University of Wisconsin Comprehensive Cancer Center shall use the moneys appropriated under ss. s. 20.250 (2) (h) and 20.285 (1) (gn) the University of Wisconsin Carbone Cancer Center shall use the moneys paid under s. 71.10 (5h) (i) for prostate cancer research projects. These moneys may not be used to supplant funds available for prostate cancer research from other sources.

AB40-ASA1, s. 2890m Section 2890m. 255.055 (1) of the statutes is amended to read:

AB40-ASA1,1184,9 255.055 (1) The Medical College of Wisconsin, Inc. , and the University of Wisconsin Comprehensive Cancer Center shall use the moneys appropriated under ss. s. 20.250 (2) (g) and 20.285 (1) (gm) the University of Wisconsin Carbone Cancer Center shall use the moneys paid under s. 71.10 (5f) (i) for breast cancer research projects. These moneys may not be used to supplant funds available for breast cancer research from other sources.

AB40-ASA1, s. 2890s Section 2890s. 255.15 (3) (b) 11. of the statutes is created to read:

AB40-ASA1,1184,15 255.15 (3) (b) 11. To the Board of Regents of the University of Wisconsin System for advancing the work of the tobacco research and intervention center at the University of Wisconsin-Madison in developing new educational programs to discourage tobacco use, determining the most effective strategies for preventing tobacco use, and expanding smoking cessation programs throughout the state.

AB40-ASA1, s. 2894s Section 2894s. 256.125 of the statutes is created to read:

AB40-ASA1,1184,20 256.125 American Red Cross, Badger Chapter. The department shall distribute the moneys appropriated under s. 20.435 (1) (gd) to the Badger Chapter of the American Red Cross for use through that organization's Wisconsin Disaster Relief Fund.

AB40-ASA1, s. 2895k Section 2895k. 256.35 (3m) (h) of the statutes is amended to read:

AB40-ASA1,1184,25 256.35 (3m) (h) Other charges prohibited. No local government or state agency, as defined in s. 560.9810 16.310 (1), except the commission, may require a wireless provider to collect or pay a surcharge or fee related to wireless emergency telephone service.

AB40-ASA1, s. 2895m Section 2895m. 281.16 (2) (am) of the statutes is created to read:

AB40-ASA1,1185,2 281.16 (2) (am) 1. In this paragraph:

AB40-ASA1,1185,5 a. "Covered municipality" means a municipality that has been issued an individual municipal separate storm sewer permit under s. 283.33 or that is covered by a general municipal separate storm sewer permit under s. 283.35.

AB40-ASA1,1185,7 c. "New development" means development resulting from the conversion of previously undeveloped land or agricultural land.

AB40-ASA1,1185,8 d. "Redevelopment" means development that replaces older development.

AB40-ASA1,1185,14 2. Except as provided in subd. 3., the department may not enforce a provision in a rule that establishes a date by which a covered municipality must implement methods to achieve a specified reduction in the level of total suspended solids carried by runoff, if the provision requires the covered municipality to achieve a reduction of more than 20 percent. This subdivision does not apply to total suspended solids carried by runoff from new development or redevelopment in a covered municipality.

AB40-ASA1,1185,20 3. If a covered municipality has achieved, on the effective date of this subdivision .... [LRB inserts date], a reduction of more than 20 percent of total suspended solids carried by runoff, the municipality shall, to the maximum extent practicable, maintain all of the best management practices that the municipality has implemented on or before the effective date of this subdivision .... [LRB inserts date], to achieve that reduction.

AB40-ASA1, s. 2896 Section 2896. 281.33 (2) of the statutes is amended to read:

AB40-ASA1,1186,6 281.33 (2) State storm water management plan. The department, in consultation with the department of commerce safety and professional services, shall promulgate by rule a state storm water management plan. This state plan is applicable to activities contracted for or conducted by any agency, as defined under s. 227.01 (1) but also including the office of district attorney, unless that agency enters into a memorandum of understanding with the department of natural resources in which that agency agrees to regulate activities related to storm water management. The department shall coordinate the activities of agencies, as defined under s. 227.01 (1), in storm water management and make recommendations to these agencies concerning activities related to storm water management.

AB40-ASA1, s. 2897 Section 2897. 281.33 (3m) (title) of the statutes is repealed.

AB40-ASA1, s. 2898c Section 2898c. 281.33 (3m) (a) of the statutes is renumbered 101.1206 (1) and amended to read:

AB40-ASA1,1186,13 101.1206 (1) The department shall establish statewide standards for erosion control at building sites for the construction of public buildings, as defined in s. 101.01 (12), and buildings that are places of employment, as defined in s. 101.02 101.01 (11).

AB40-ASA1, s. 2899 Section 2899. 281.33 (3m) (b) of the statutes is renumbered 101.1206 (2) and amended to read:

AB40-ASA1,1186,20 101.1206 (2) The department shall require the submission of plans for erosion control at construction sites described in par. (a) sub. (1) to the department or to a county, city, village, or town to which the department has delegated authority under par. (d) sub. (4) and shall require approval of those plans by the department or the county, city, village, or town.

AB40-ASA1, s. 2900 Section 2900. 281.33 (3m) (c) of the statutes is renumbered 101.1206 (3) and amended to read:

AB40-ASA1,1187,2 101.1206 (3) The department shall require inspection of erosion control activities and structures at construction sites described in par. (a) sub. (1) by the department or a county, city, village, or town to which the department has delegated authority under par. (d) sub. (4).

AB40-ASA1, s. 2901 Section 2901. 281.33 (3m) (d) of the statutes is renumbered 101.1206 (4).

AB40-ASA1, s. 2902 Section 2902. 281.33 (3m) (e) of the statutes is renumbered 101.1206 (5) and amended to read:

AB40-ASA1,1187,9 101.1206 (5) Except as provided in par. (f) sub. (5m), the authority of a county, city, village, or town with respect to erosion control at sites described in par. (a) sub. (1) is limited to that authority delegated under par. (d) sub. (4) and any other authority provided in rules promulgated under this subsection section.

AB40-ASA1, s. 2903 Section 2903. 281.33 (3m) (f) of the statutes is renumbered 101.1206 (5m) and amended to read:

AB40-ASA1,1187,17 101.1206 (5m) Notwithstanding pars. (a) subs. (1) and (e) (5), a county, city, village, or town that has in effect on January 1, 1994, an ordinance that establishes standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment may continue to administer and enforce that ordinance if the standards in the ordinance are more stringent than the standards established under par. (a) sub. (1).

AB40-ASA1, s. 2904 Section 2904. 281.33 (3m) (g) of the statutes is renumbered 101.1206 (6) and amended to read:

AB40-ASA1,1187,25 101.1206 (6) The department, or a county, city, village, or town to which the department delegates the authority to act under this paragraph subsection, may issue a special order directing the immediate cessation of work on a construction site described in par. (a) sub. (1) until any required plan approval is obtained or until the site complies with standards established by rules promulgated under this subsection section.

AB40-ASA1, s. 2905 Section 2905. 281.33 (3m) (h) of the statutes is renumbered 101.1206 (7).

AB40-ASA1, s. 2906 Section 2906. 281.344 (8) (a) of the statutes is amended to read:

AB40-ASA1,1188,10 281.344 (8) (a) Goals and objectives. The department shall specify water conservation and efficiency goals and objectives for the waters of the state. The department shall specify goals and objectives for the waters of the Great Lakes basin that are consistent with the goals under s. 281.343 (4b) (a) and the objectives identified by the regional body under Article 304 (1) of the Great Lakes — St. Lawrence River Basin Sustainable Water Resources Agreement. In specifying these goals and objectives, the department shall consult with the department of commerce safety and professional services and the public service commission.

AB40-ASA1, s. 2907 Section 2907. 281.344 (8) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1188,15 281.344 (8) (b) Statewide program. (intro.) In cooperation with the department of commerce safety and professional services and the public service commission, the department shall develop and implement a statewide water conservation and efficiency program that includes all of the following:

AB40-ASA1, s. 2908 Section 2908. 281.344 (8) (b) 3. of the statutes is amended to read:

AB40-ASA1,1188,19 281.344 (8) (b) 3. Water conservation and efficiency measures that the department of commerce safety and professional services requires or authorizes to be implemented under chs. 101 and 145.

AB40-ASA1, s. 2909 Section 2909. 281.346 (8) (a) of the statutes is amended to read:

AB40-ASA1,1189,5 281.346 (8) (a) Goals and objectives. The department shall specify water conservation and efficiency goals and objectives for the waters of the state and for the waters of the Great Lakes basin. The department shall specify goals and objectives for the waters of the Great Lakes basin that are consistent with the goals under s. 281.343 (4b) (a) and the objectives identified by the Great Lakes council under s. 281.343 (4b) (a) and (c). In specifying these goals and objectives, the department shall consult with the department of commerce safety and professional services and the public service commission and consider the water conservation and efficiency goals and objectives developed in any pilot program conducted by the department in cooperation with the regional body.

AB40-ASA1, s. 2910 Section 2910. 281.346 (8) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1189,10 281.346 (8) (b) Statewide program. (intro.) In cooperation with the department of commerce safety and professional services and the public service commission, the department shall develop and implement a statewide water conservation and efficiency program that includes all of the following:

AB40-ASA1, s. 2911 Section 2911. 281.346 (8) (b) 3. of the statutes is amended to read:

AB40-ASA1,1189,14 281.346 (8) (b) 3. Water conservation and efficiency measures that the department of commerce safety and professional services requires or authorizes to be implemented under chs. 101 and 145.

AB40-ASA1, s. 2911c Section 2911c. 281.346 (12) (a) of the statutes is amended to read:

AB40-ASA1,1189,21 281.346 (12) (a) A person who has a water supply system with the capacity to make a withdrawal from the waters of the state averaging 100,000 gallons per day or more in any 30-day period shall pay to the department an annual fee of $125, except that the department may promulgate a rule specifying a different amount and except that, notwithstanding the department's rule-making authority, no person is required to pay more than $1,000 per year under this paragraph.

AB40-ASA1, s. 2912 Section 2912. 281.57 (7) (c) 1. of the statutes is amended to read:

AB40-ASA1,1190,4 281.57 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are limited in each fiscal year to receiving total grant awards not to exceed 33% of the sum of the amounts in the schedule for that fiscal year for the appropriation under s. 20.143 (3) 20.165 (2) (de) and the amount authorized under sub. (10) for that fiscal year plus the unencumbered balance at the end of the preceding fiscal year for the amount authorized under sub. (10). This subdivision is not applicable to grant awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.

AB40-ASA1, s. 2913 Section 2913. 281.58 (12) (a) 1. of the statutes is amended to read:

AB40-ASA1,1190,12 281.58 (12) (a) 1. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 1. and 2. is 55% 60 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2009-11 2011-13 biennium and 60% 75 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2009-11 2011-13 biennium or later.

AB40-ASA1, s. 2914 Section 2914. 281.58 (12) (a) 2. of the statutes is amended to read:

AB40-ASA1,1190,19 281.58 (12) (a) 2. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 5. is 65% 65 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2011-13 biennium and 75 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2011-13 biennium or later.

AB40-ASA1, s. 2915 Section 2915. 281.58 (12) (a) 3. of the statutes is amended to read:

AB40-ASA1,1191,2 281.58 (12) (a) 3. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 4. is 70% 70 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for a biennium before the 2011-13 biennium and 75 percent of market interest rate for projects for which the subsidy is allocated from the amount under s. 281.59 (3e) (b) for the 2011-13 biennium or later.

AB40-ASA1, s. 2916 Section 2916. 281.58 (12) (f) of the statutes is amended to read:

AB40-ASA1,1191,6 281.58 (12) (f) The department and the department of administration jointly may request the joint committee on finance to take action under s. 13.101 (11) to modify the percentage of market interest rates rate established in par. (a) 1. to 3.

AB40-ASA1, s. 2917 Section 2917. 281.59 (3e) (b) 1. of the statutes is amended to read:

AB40-ASA1,1191,9 281.59 (3e) (b) 1. Equal to $134,900,000 $69,200,000 during the 2009-11 2011-13 biennium.

AB40-ASA1, s. 2918 Section 2918. 281.59 (3e) (b) 3. of the statutes is amended to read:

AB40-ASA1,1191,12 281.59 (3e) (b) 3. Equal to $1,000 for any biennium after the 2009-11 2011-13 biennium.

AB40-ASA1, s. 2919 Section 2919. 281.59 (3e) (d) of the statutes is amended to read:

AB40-ASA1,1191,19 281.59 (3e) (d) The department may expend, for financial assistance in a biennium other than financial hardship assistance under s. 281.58 (13) (e), an amount up to 85% 95 percent of the amount approved by the legislature under par. (b). The department may expend such amount only from the percentage of the amount approved under par. (b) that is not available under par. (e) for financial hardship assistance.

AB40-ASA1, s. 2920 Section 2920. 281.59 (3e) (e) of the statutes is amended to read:

AB40-ASA1,1192,2 281.59 (3e) (e) The department may expend, for financial hardship assistance, other than federal financial hardship assistance grants under s. 281.58 (13) (be), in a biennium under s. 281.58 (13) (e), an amount up to 15% 5 percent of the amount approved by the legislature under par. (b) for that biennium. The department may expend such amount only from the percentage of the amount approved by the legislature under par. (b) that is not available under par. (d) for financial assistance.

AB40-ASA1, s. 2921 Section 2921. 281.59 (3s) (b) 1. of the statutes is amended to read:

AB40-ASA1,1192,5 281.59 (3s) (b) 1. Equal to $17,600,000 $30,700,000 during the 2009-11 2011-13 biennium.

AB40-ASA1, s. 2922 Section 2922. 281.59 (3s) (b) 2. of the statutes is amended to read:

AB40-ASA1,1192,8 281.59 (3s) (b) 2. Equal to $1,000 for any biennium after the 2009-11 2011-13 biennium.

AB40-ASA1, s. 2923 Section 2923. 281.59 (4) (f) of the statutes is amended to read:

AB40-ASA1,1192,18 281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection, and all payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection, can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program shall not exceed $2,363,300,000 $2,716,300,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.

AB40-ASA1, s. 2924 Section 2924. 281.60 (6) of the statutes is amended to read:

AB40-ASA1,1193,3 281.60 (6) Priority list. The department shall establish a priority list that ranks each land recycling loan program project. The department shall promulgate rules for determining project rankings based on the potential of projects to reduce environmental pollution and threats to human health and, for sites and facilities that are not landfills, the extent to which projects will prevent the development of undeveloped land by making land available for redevelopment after a cleanup is conducted. Before the department establishes the priority list, the department shall consider the recommendations of the department of administration and the department of commerce Wisconsin Economic Development Corporation.