SB27-SSA1,968,105
101.02
(20) (e) 1. If an applicant who is an individual does not have a social
6security number, the applicant, as a condition of applying for or applying to renew
7a license shall submit a statement made or subscribed under oath or affirmation to
8the department of
commerce safety and professional services that the applicant does
9not have a social security number. The form of the statement shall be prescribed by
10the department of children and families.
SB27-SSA1,968,1812
101.02
(21) (a) In this subsection, "license" means a license, permit, or
13certificate of certification or registration issued by the department under s. 101.09
14(3) (c), 101.122 (2) (c),
101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g),
15101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6),
16101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3),
17145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or
18167.10 (6m).
SB27-SSA1,969,320
101.02
(21) (b) As provided in the memorandum of understanding under s.
2149.857 and except as provided in par. (e), the department of
commerce safety and
22professional services may not issue or renew a license unless the applicant provides
23the department of
commerce safety and professional services with his or her social
24security number. The department of
commerce safety and professional services may
25not disclose the social security number except that the department of
commerce
1safety and professional services may disclose the social security number of an
2applicant for a license under par. (a) or a renewal of a license under par. (a) to the
3department of children and families for the sole purpose of administering s. 49.22.
SB27-SSA1,969,105
101.02
(21) (e) 1. If an applicant who is an individual does not have a social
6security number, the applicant, as a condition of applying for or applying to renew
7a license shall submit a statement made or subscribed under oath or affirmation to
8the department of
commerce safety and professional services that the applicant does
9not have a social security number. The form of the statement shall be prescribed by
10the department of children and families.
SB27-SSA1,969,1512
101.09
(1) (cm) "Secondary containment" means a barrier, approved by the
13department, that is installed around a storage tank system and that is designed to
14prevent a leak from a primary tank or piping from contacting the surrounding earth
15or waters of the state.
SB27-SSA1,969,1917
101.09
(3m) Secondary containment requirements. (a) In this subsection,
18"hazardous substance" means a combustible liquid, a flammable liquid, or a federally
19regulated hazardous substance.
SB27-SSA1,969,2420
(b) The department may not impose any requirement that specifies that pipe
21connections at the top of a storage tank and beneath all freestanding pumps and
22dispensers that routinely contain a hazardous substance be placed within secondary
23containment sumps, if the pipe connections were installed or in place on or before
24February 1, 2009. This subsection does not apply after December 31, 2020.
SB27-SSA1,970,2
1101.1206 (title)
Erosion control; construction of public buildings and
2buildings that are places of employment.
SB27-SSA1,970,85
101.143
(2) (d) The department shall reserve a portion, not to exceed 20%, of
6the amount annually appropriated under s.
20.143 (3)
20.165 (2) (v) for awards under
7this section to be used to fund emergency remedial action and claims that exceed the
8amount initially anticipated.
SB27-SSA1, s. 1464
9Section
1464. 101.143 (2) (h) (intro.) of the statutes is amended to read:
SB27-SSA1,970,1310
101.143
(2) (h) (intro.) The department of
commerce safety and professional
11services and the department of natural resources, jointly, shall promulgate rules
12designed to facilitate effective and cost-efficient administration of the program
13under this section that specify all of the following:
SB27-SSA1, s. 1465
14Section
1465. 101.143 (2) (i) (intro.) of the statutes is amended to read:
SB27-SSA1,970,2015
101.143
(2) (i) (intro.) The department of
commerce safety and professional
16services and the department of natural resources, jointly, shall promulgate rules
17specifying procedures for evaluating remedial action plans and procedures to be used
18by employees of the department of
commerce safety and professional services and the
19department of natural resources while remedial actions are being conducted. The
20departments shall specify procedures that include all of the following:
SB27-SSA1, s. 1466
21Section
1466. 101.143 (2) (j) (intro.) of the statutes is amended to read:
SB27-SSA1,970,2422
101.143
(2) (j) (intro.) The department of
commerce safety and professional
23services and the department of natural resources, jointly, shall promulgate rules
24specifying all of the following:
SB27-SSA1,971,13
1101.143
(2) (k) In promulgating rules under pars. (h) to (j), the department of
2commerce safety and professional services and the department of natural resources
3shall attempt to reach an agreement that is consistent with those provisions. If the
4department of
commerce safety and professional services and the department of
5natural resources are unable to reach an agreement, they shall refer the matters on
6which they are unable to agree to the secretary of administration for resolution. The
7secretary of administration shall resolve any matters on which the departments
8disagree in a manner that is consistent with pars. (h) to (j). The department of
9commerce safety and professional services and the department of natural resources,
10jointly, shall promulgate rules incorporating any agreement between the
11department of
commerce safety and professional services and the department of
12natural resources under this paragraph and any resolution of disagreements
13between the departments by the secretary of administration under this paragraph.
SB27-SSA1,971,1915
101.143
(2) (L) The department may promulgate rules for the assessment and
16collection of fees to recover its costs for providing approval under sub. (3) (c) 4. and
17for providing other assistance requested by applicants under this section. Any
18moneys collected under this paragraph shall be credited to the appropriation account
19under s.
20.143 (3) 20.165 (2) (Lm).
SB27-SSA1,972,221
101.143
(2e) (a) The department of
commerce safety and professional services 22and the department of natural resources shall attempt to agree on a method, which
23shall include individualized consideration of the routes for migration of petroleum
24product contamination at each site, for determining the risk to public health, safety
25and welfare and to the environment posed by discharges for which the department
1of
commerce safety and professional services receives notification under sub. (3) (a)
23.
SB27-SSA1,972,144
101.143
(2e) (b) If the department of
commerce safety and professional services 5and the department of natural resources are unable to reach an agreement under
6par. (a), they shall refer the matters on which they are unable to agree to the
7secretary of administration for resolution. The secretary of administration shall
8resolve any matters on which the departments disagree in a manner that is
9consistent with par. (a). The department of
commerce
safety and professional
10services and the department of natural resources, jointly, shall promulgate rules
11incorporating any agreement between the department of
commerce safety and
12professional services and the department of natural resources under par. (a) and any
13resolution of disagreements between the departments by the secretary of
14administration under this paragraph.
SB27-SSA1,972,2016
101.143
(2e) (c) The department of natural resources or, if the discharge is
17covered under s. 101.144 (2) (b), the department of
commerce safety and professional
18services shall apply the method in the rules promulgated under par. (b) to determine
19the risk posed by a discharge for which the department of
commerce safety and
20professional services receives notification under sub. (3) (a) 3.
SB27-SSA1,973,222
101.143
(2m) Interdepartmental coordination. Whenever the department of
23commerce safety and professional services receives a notification under sub. (3) (a)
243. or the department of natural resources receives a notification of a petroleum
25product discharge under s. 292.11, the department receiving the notification shall
1contact the other department and shall schedule a meeting of the owner or operator
2or person owning a home oil tank system and representatives of both departments.
SB27-SSA1,973,74
101.143
(3) (c) 4. Receive written approval from the department of natural
5resources or, if the discharge is covered under s. 101.144 (2) (b), from the department
6of
commerce safety and professional services that the remedial action activities
7performed under subd. 3. meet the requirements of s. 292.11.
SB27-SSA1,973,149
101.143
(3) (cm)
Monitoring as remedial action. An owner or operator or person
10owning a home oil tank system may, with the approval of the department of natural
11resources or, if the discharge is covered under s. 101.144 (2) (b), the department of
12commerce safety and professional services, satisfy the requirements of par. (c) 2. and
133. by proposing and implementing monitoring to ensure the effectiveness of natural
14attenuation of petroleum product contamination.
SB27-SSA1, s. 1475
15Section
1475. 101.143 (3) (cp) 1. of the statutes is amended to read:
SB27-SSA1,973,2216
101.143
(3) (cp) 1. Except as provided in subds. 2. to 5., if the department of
17natural resources or, if the site is covered under s. 101.144 (2) (b), the department of
18commerce safety and professional services estimates that the cost to complete a site
19investigation, remedial action plan and remedial action for an occurrence exceeds
20$60,000, the department of
commerce safety and professional services shall
21implement a competitive public bidding process to obtain information to assist in
22making the determination under par. (cs).
SB27-SSA1, s. 1476
23Section
1476. 101.143 (3) (cp) 2. of the statutes is amended to read:
SB27-SSA1,974,324
101.143
(3) (cp) 2. The department of
commerce safety and professional
25services or the department of natural resources may waive the requirement under
1subd. 1. if an enforcement standard is exceeded in groundwater within 1,000 feet of
2a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any
3other well used to provide water for human consumption.
SB27-SSA1,974,75
101.143
(3) (cp) 5. The department of
commerce safety and professional
6services or the department of natural resources may waive the requirement under
7subd. 1. after providing notice to the other department.
SB27-SSA1,974,139
101.143
(3) (cp) 6. The department of
commerce safety and professional
10services may disqualify a bid received under subd. 1. if, based on information
11available to the department and experience with remedial action at other sites, the
12bid is unlikely to establish an amount to sufficiently fund remedial action that will
13comply with par. (c) 3. and with enforcement standards.
SB27-SSA1, s. 1479
14Section
1479. 101.143 (3) (cp) 7. of the statutes is amended to read:
SB27-SSA1,974,1815
101.143
(3) (cp) 7. The department of
commerce safety and professional
16services may disqualify a person from submitting bids under subd. 1. if, based on past
17performance of the bidder, the department determines that the person has
18demonstrated an inability to complete remedial action within established cost limits.
SB27-SSA1, s. 1480
19Section
1480. 101.143 (3) (cs) 1. of the statutes is amended to read:
SB27-SSA1,975,220
101.143
(3) (cs) 1. The department of
commerce safety and professional
21services shall review the remedial action plan for a site that is classified as low or
22medium risk under s. 101.144 and shall determine the least costly method of
23complying with par. (c) 3. and with enforcement standards. The department shall
24notify the owner or operator of its determination of the least costly method and shall
1notify the owner or operator that reimbursement for remedial action under this
2section is limited to the amount necessary to implement that method.
SB27-SSA1,975,114
101.143
(3) (cs) 2. The department of natural resources and the department of
5commerce safety and professional services shall review the remedial action plan for
6a site that is classified as high risk under s. 101.144 and shall jointly determine the
7least costly method of complying with par. (c) 3. and with enforcement standards.
8The departments shall notify the owner or operator of their determination of the
9least costly method and shall notify the owner or operator that reimbursement for
10remedial action under this section is limited to the amount necessary to implement
11that method.
SB27-SSA1, s. 1482
12Section
1482. 101.143 (3) (cs) 3. of the statutes is amended to read:
SB27-SSA1,975,1613
101.143
(3) (cs) 3. In making determinations under subds. 1. and 2., the
14department of natural resources and the department of
commerce safety and
15professional services shall determine whether natural attenuation will achieve
16compliance with par. (c) 3. and with enforcement standards.
SB27-SSA1, s. 1483
17Section
1483. 101.143 (3) (cs) 4. of the statutes is amended to read:
SB27-SSA1,975,2518
101.143
(3) (cs) 4. The department of
commerce safety and professional
19services may review and modify an amount established under subd. 1. if the
20department determines that new circumstances, including newly discovered
21contamination at a site, warrant those actions. The department of
commerce safety
22and professional services and the department of natural resources may review and
23modify an amount established under subd. 2. if the departments determine that new
24circumstances, including newly discovered contamination at a site, warrant those
25actions.
SB27-SSA1,976,102
101.143
(3) (cw) 1. The department of
commerce safety and professional
3services shall conduct the annual review required under sub. (2) (i) 1. for a site that
4is classified as low or medium risk under s. 101.144 and shall determine the least
5costly method of completing remedial action at the site in order to comply with par.
6(c) 3. and with enforcement standards. The department shall notify the owner or
7operator of its determination of the least costly method and shall notify the owner
8or operator that reimbursement under this section for any remedial action conducted
9after the date of the notice is limited to the amount necessary to implement that
10method.
SB27-SSA1, s. 1485
11Section
1485. 101.143 (3) (cw) 2. of the statutes is amended to read:
SB27-SSA1,976,2012
101.143
(3) (cw) 2. The department of natural resources and the department
13of
commerce safety and professional services shall conduct the annual review
14required under sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144
15and shall jointly determine the least costly method of completing remedial action at
16the site in order to comply with par. (c) 3. and with enforcement standards. The
17departments shall notify the owner or operator of their determination of the least
18costly method and shall notify the owner or operator that reimbursement under this
19section for remedial action conducted after the date of the notice is limited to the
20amount necessary to implement that method.
SB27-SSA1, s. 1486
21Section
1486. 101.143 (3) (cw) 3. of the statutes is amended to read:
SB27-SSA1,976,2522
101.143
(3) (cw) 3. In making determinations under subds. 1. and 2., the
23department of natural resources and the department of
commerce safety and
24professional services shall determine whether natural attenuation will achieve
25compliance with par. (c) 3. and with enforcement standards.
SB27-SSA1,977,92
101.143
(3) (cw) 4. The department of
commerce safety and professional
3services may review and modify an amount established under subd. 1. if the
4department determines that new circumstances, including newly discovered
5contamination at a site, warrant those actions. The department of
commerce safety
6and professional services and the department of natural resources may review and
7modify an amount established under subd. 2. if the departments determine that new
8circumstances, including newly discovered contamination at a site, warrant those
9actions.
SB27-SSA1,977,1511
101.143
(3) (d)
Final review of remedial action activities. The department of
12natural resources or, if the discharge is covered under s. 101.144 (2) (b), the
13department of
commerce safety and professional services shall complete a final
14review of the remedial action activities within 60 days after the claimant notifies the
15appropriate department that the remedial action activities are completed.
SB27-SSA1,977,1817
101.143
(3) (f) 5. The written approval of the department of natural resources
18or the department of
commerce safety and professional services under par. (c) 4.
SB27-SSA1,978,420
101.143
(3) (g)
Emergency situations. Notwithstanding pars. (a) 3. and (c) 1.
21and 2., an owner or operator or the person may submit a claim for an award under
22sub. (4) after notifying the department under par. (a) 3., without completing an
23investigation under par. (c) 1. and without preparing a remedial action plan under
24par. (c) 2. if an emergency existed which made the investigation under par. (c) 1. and
25the remedial action plan under par. (c) 2. inappropriate and, before conducting
1remedial action, the owner or operator or person notified the department of
2commerce safety and professional services and the department of natural resources
3of the emergency and the department of
commerce safety and professional services 4and the department of natural resources authorized emergency action.
SB27-SSA1,978,86
101.143
(4) (a) 6. In any fiscal year, the department may not award more than
75% of the amount appropriated under s.
20.143 (3)
20.165 (2) (v) as awards for
8petroleum product storage systems described in par. (ei).
SB27-SSA1,978,1310
101.143
(4) (a) 7. In any fiscal year, the department may not award more than
115% of the amount appropriated under s.
20.143 (3)
20.165 (2) (v) as awards for
12petroleum product storage systems that are owned by school districts and that are
13used for storing heating oil for consumptive use on the premises where stored.
SB27-SSA1, s. 1493
14Section
1493. 101.143 (4) (cc) 2. b. of the statutes is amended to read:
SB27-SSA1,978,1815
101.143
(4) (cc) 2. b. An applicant that is engaged in the expansion or
16redevelopment of brownfields, as defined in s.
560.13
238.13 (1) (a), if federal or state
17financial assistance other than under this section, has been provided for that
18expansion or redevelopment.
SB27-SSA1, s. 1494
19Section
1494. 101.143 (4) (ei) 2m. of the statutes is amended to read:
SB27-SSA1,978,2420
101.143
(4) (ei) 2m. The owner or operator of the farm tank has received a letter
21or notice from the department of
commerce safety and professional services or
22department of natural resources indicating that the owner or operator must conduct
23a site investigation or remedial action because of a discharge from the farm tank or
24an order to conduct such an investigation or remedial action.
SB27-SSA1, s. 1495
25Section
1495. 101.143 (4) (es) 1. of the statutes is amended to read:
SB27-SSA1,979,7
1101.143
(4) (es) 1. The department shall issue an award for a claim filed after
2August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987,
3by an owner or operator or a person owning a home oil tank system in investigating
4the existence of a discharge or investigating the presence of petroleum products in
5soil or groundwater if the investigation is undertaken at the written direction of the
6department of
commerce safety and professional services or the department of
7natural resources and no discharge or contamination is found.
SB27-SSA1,979,109
101.144
(3) (b) The department of
commerce safety and professional services 10requests the department of natural resources to take the action or issue the order.
SB27-SSA1,979,1312
101.144
(3) (c) The secretary of natural resources approves the action or order
13in advance after notice to the secretary of
commerce
safety and professional services.
SB27-SSA1,980,815
101.144
(3g) (a) If, on December 1, 1999, more than 35% of sites classified
16under this section, excluding sites that are contaminated by a hazardous substance
17other than a petroleum product or an additive to a petroleum product, are classified
18as high-risk sites, the department of
commerce safety and professional services and
19the department of natural resources shall attempt to reach an agreement that
20specifies standards for determining whether the site of a discharge of a petroleum
21product from a petroleum storage tank is classified as high risk. The standards shall
22be designed to classify no more than 35% of those sites as high-risk sites and may
23not classify all sites at which an enforcement standard is exceeded as high-risk sites.
24If the department of
commerce safety and professional services and the department
25of natural resources are unable to reach an agreement, they shall refer the matters
1on which they are unable to agree to the secretary of administration for resolution.
2The secretary of administration shall resolve any matters on which the departments
3disagree in a manner that is consistent with this paragraph. The department of
4commerce safety and professional services shall promulgate rules incorporating any
5agreement between the department of
commerce safety and professional services 6and the department of natural resources under this paragraph and any resolution
7of disagreements between the departments by the secretary of administration under
8this paragraph.
SB27-SSA1,980,1510
101.144
(3g) (b) If, 6 months after rules under par. (a) are in effect, more than
1135% of the sites classified under this section, excluding sites that are contaminated
12by a hazardous substance other than a petroleum product or an additive to a
13petroleum product, are classified as high-risk sites, the department of
commerce 14safety and professional services shall revise the rules using the procedure for
15promulgating the rules in par. (a).