AB40-ASA1,1594g
7Section 1594g. 100.209 (2) (e) 1. of the statutes is repealed.
AB40-ASA1,1594r
8Section 1594r. 100.209 (2) (e) 2. of the statutes is renumbered 100.209 (2) (e)
9and amended to read:
AB40-ASA1,913,1610
100.209
(2) (e) If a multichannel video provider intends to disconnect a
11subscriber's video programming service, or a portion of that service, the
12multichannel video provider shall give the subscriber at least 10 days' advance
13written notice of the disconnection. A multichannel video provider is not required
14to give the notice under this
subdivision paragraph if the disconnection is requested
15by the subscriber, is necessary to prevent theft of video programming service or is
16necessary to reduce or prevent signal leakage, as described in
47 CFR 76.611.
AB40-ASA1,1595
17Section
1595. 101.02 (18m) of the statutes is renumbered 93.06 (1pm) and
18amended to read:
AB40-ASA1,914,219
93.06
(1pm) Testing of petroleum products. The department may perform,
20or contract for the performance of, testing of petroleum products other than testing
21provided under ch. 168. The department may establish a schedule of fees for such
22petroleum product testing services. The department shall credit all revenues
23received from fees established under this subsection to the appropriation account
24under s.
20.165 (2) (ga) 20.115 (1) (gc). Revenues from fees established under this
1subsection may be used by the department to pay for testing costs, including
2laboratory supplies and equipment amortization, for such products.
AB40-ASA1,1597
3Section
1597. 101.02 (20) (a) of the statutes is amended to read:
AB40-ASA1,914,114
101.02
(20) (a) For purposes of this subsection, "license" means a license,
5permit, or certificate of certification or registration issued by the department for an
6occupation or profession under s.
101.09 (3) (c), 101.122 (2) (c),
101.143 (2) (g),
7101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m),
8101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951,
9101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16,
10145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under
11ch. 101 or 145.
AB40-ASA1,1598
12Section
1598. 101.02 (21) (a) of the statutes is amended to read:
AB40-ASA1,914,1913
101.02
(21) (a) In this subsection, "license" means a license, permit, or
14certificate of certification or registration issued by the department for an occupation
15or profession under s.
101.09 (3) (c), 101.122 (2) (c),
101.143 (2) (g), 101.147, 101.15
16(2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73
17(5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2),
18101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17,
19145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.
AB40-ASA1,1599
20Section
1599. 101.02 (24) (a) 2. of the statutes is amended to read:
AB40-ASA1,915,221
101.02
(24) (a) 2. "License" means a license, permit, or certificate of
22certification or registration issued by the department for an occupation or profession
23under s.
101.09 (3) (c), 101.122 (2) (c),
101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16
24(3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.654,
25101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952,
1101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17,
2145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.
AB40-ASA1,1599n
3Section 1599n. 101.055 (2) (a) of the statutes is amended to read:
AB40-ASA1,915,84
101.055
(2) (a) "Agency" means an office, department, independent agency,
5authority, institution, association, society, or other body in state government created
6or authorized to be created by the constitution or any law, and includes the
7legislature and the courts
, but excludes the Health Insurance Risk-Sharing Plan
8Authority.
AB40-ASA1,1599p
9Section 1599p. 101.055 (3) (a) of the statutes is amended to read:
AB40-ASA1,916,510
101.055
(3) (a) The department shall adopt, by administrative rule, standards
11to protect the safety and health of public employees. The standards shall provide
12protection at least equal to that provided to private sector employees under
13standards promulgated by the federal occupational safety and health
14administration, but no rule may be adopted by the department which defines a
15substance as a "toxic substance" solely because it is listed in the latest printed edition
16of the national institute for occupational safety and health registry of toxic effects of
17chemical substances. The department shall revise the safety and health standards
18adopted for public employees as necessary to provide protection at least equal to that
19provided to private sector employees under federal occupational safety and health
20administration standards, except as otherwise provided in this paragraph.
21Notwithstanding ss. 35.93 and 227.21, if the standards adopted by the department
22are identical to regulations adopted by a federal agency, the standards need not be
23duplicated published in full in the Wisconsin administrative code and register as
24provided in ss. 35.93 and 227.21 if the identical federal regulations are made
25available to the public at a reasonable cost
, and promulgated in accordance with ch.
1227, except s. 227.21
, and distributed in accordance with s. 35.84. The department
2may provide to the legislative reference bureau one or more Web addresses to provide
3electronic access to any standards adopted under this paragraph for publication in
4conjunction with the publication of the Wisconsin administrative code and register
5under s. 35.93.
AB40-ASA1,1600
6Section
1600. 101.09 (title) of the statutes is repealed.
AB40-ASA1,1601
7Section
1601. 101.09 (1) (intro.) of the statutes is renumbered 168.21 (intro.)
8and amended to read:
AB40-ASA1,916,9
9168.21 Definitions. (intro.) In this
section subchapter:
AB40-ASA1,1602
10Section
1602. 101.09 (1) (a) of the statutes is renumbered 168.21 (1).
AB40-ASA1,1603
11Section
1603. 101.09 (1) (am) of the statutes is renumbered 168.21 (3).
AB40-ASA1,1604
12Section
1604. 101.09 (1) (b) of the statutes is renumbered 168.21 (4).
AB40-ASA1,1605
13Section
1605. 101.09 (1) (c) of the statutes is renumbered 168.21 (5).
AB40-ASA1,1606
14Section
1606. 101.09 (1) (cm) of the statutes is renumbered 168.21 (6).
AB40-ASA1,1607
15Section
1607. 101.09 (1) (d) of the statutes is renumbered 168.21 (7).
AB40-ASA1,1608
16Section
1608. 101.09 (2) (title) of the statutes is renumbered 168.22 (title).
AB40-ASA1,1609
17Section
1609. 101.09 (2) (a) of the statutes is renumbered 168.22 (1) and
18amended to read:
AB40-ASA1,916,2219
168.22
(1) Except as provided under
pars. (b) to (d) subs. (2) to (5), every person
20who constructs, owns or controls a tank for the storage, handling or use of liquid that
21is flammable or combustible or a federally regulated hazardous substance shall
22comply with the standards adopted under
sub. (3)
s. 168.23.
AB40-ASA1,1610
23Section
1610. 101.09 (2) (b) of the statutes is renumbered 168.22 (2) and
24amended to read:
AB40-ASA1,917,2
1168.22
(2) This
section
subchapter does not apply to storage tanks which
2require a hazardous waste license under s. 291.25.
AB40-ASA1,1611
3Section
1611. 101.09 (2) (c) of the statutes is renumbered 168.22 (3) and
4amended to read:
AB40-ASA1,917,65
168.22
(3) This
section subchapter does not apply to storage tanks which are
6installed above ground level and which are less than 5,000 gallons in capacity.
AB40-ASA1,1612
7Section
1612. 101.09 (2) (cm) (intro.) of the statutes is renumbered 168.22 (4)
8(intro.) and amended to read:
AB40-ASA1,917,129
168.22
(4) (intro.) Any rules promulgated under
sub. (3) s. 168.23 requiring an
10owner to test the ability of a storage tank, connected piping or ancillary equipment
11to prevent an inadvertent release of a stored substance do not apply to storage tanks
12that satisfy all of the following:
AB40-ASA1,1613
13Section
1613. 101.09 (2) (cm) 1. to 3. of the statutes are renumbered 168.22
14(4) (a) to (c).
AB40-ASA1,1614
15Section
1614. 101.09 (2) (d) of the statutes is renumbered 168.22 (5) and
16amended to read:
AB40-ASA1,917,1817
168.22
(5) This
section subchapter does not apply to a pressurized natural gas
18pipeline system regulated under
49 CFR 192 and
193.
AB40-ASA1,1615
19Section
1615. 101.09 (3) (title) of the statutes is renumbered 168.23 (title).
AB40-ASA1,1616
20Section
1616. 101.09 (3) (a) of the statutes is renumbered 168.23 (1).
AB40-ASA1,1617
21Section
1617. 101.09 (3) (b) of the statutes is renumbered 168.23 (2) and
22amended to read:
AB40-ASA1,918,423
168.23
(2) The department may transfer any information which the
24department receives under
par. (a) sub. (1) to any other agency or governmental unit.
25The department and any such agency shall treat the name of the owner and the
1location of any noncommercial storage tank which stores heating oil for consumptive
2use on the premises, required to be submitted to the department under
par. (a) sub.
3(1), as confidential and shall not permit inspection or copying under s. 19.35 of any
4record containing the information.
AB40-ASA1,1618
5Section
1618. 101.09 (3) (c) of the statutes is renumbered 168.23 (3) and
6amended to read:
AB40-ASA1,918,137
168.23
(3) The rule promulgated under
par. (a) sub. (1) may require the
8certification or registration of persons who install, remove, clean, line, perform
9tightness testing on and inspect tanks and persons who perform site assessments.
10Any rule requiring certification or registration shall also authorize the revocation or
11suspension of the certification or registration.
The department may not require an
12individual who is eligible for the veterans fee waiver program under s. 45.44 to pay
13any fee that may be charged pursuant to such a rule.
AB40-ASA1,1619
14Section
1619. 101.09 (3) (d) of the statutes is renumbered 168.23 (4) and
15amended to read:
AB40-ASA1,918,1916
168.23
(4) The department shall promulgate a rule specifying fees for plan
17review and inspection of tanks for the storage, handling, or use of flammable or
18combustible liquids and for any certification or registration required under
par. (c) 19sub. (3).
AB40-ASA1,1620
20Section
1620. 101.09 (3m) (title) of the statutes is renumbered 168.24 (title).
AB40-ASA1,1621
21Section
1621. 101.09 (3m) (a) of the statutes is renumbered 168.24 (1) and
22amended to read:
AB40-ASA1,918,2523
168.24
(1) In this
subsection section, "hazardous substance" means a
24combustible liquid, a flammable liquid, or a federally regulated hazardous
25substance.
AB40-ASA1,1622
1Section
1622. 101.09 (3m) (b) of the statutes is renumbered 168.24 (2) and
2amended to read:
AB40-ASA1,919,73
168.24
(2) The department may not impose any requirement that specifies that
4pipe connections at the top of a storage tank and beneath all freestanding pumps and
5dispensers that routinely contain a hazardous substance be placed within secondary
6containment sumps, if the pipe connections were installed or in place on or before
7February 1, 2009. This
subsection section does not apply after December 31, 2020.
AB40-ASA1,1623
8Section
1623. 101.09 (4) (title) of the statutes is renumbered 168.25 (title).
AB40-ASA1,1624
9Section
1624. 101.09 (4) (a) of the statutes is renumbered 168.25 (1) and
10amended to read:
AB40-ASA1,919,1111
168.25
(1) The department shall enforce this
section subchapter.
AB40-ASA1,1625
12Section
1625. 101.09 (4) (b) of the statutes is renumbered 168.25 (2) and
13amended to read:
AB40-ASA1,919,1714
168.25
(2) The department shall issue orders directing and requiring
15compliance with the rules and standards of the department adopted under this
16section subchapter whenever, in the judgment of the department, the rules or
17standards are threatened with violation, are being violated or have been violated.
AB40-ASA1,1626
18Section
1626. 101.09 (4) (c) of the statutes is renumbered 168.25 (3).
AB40-ASA1,1627
19Section
1627. 101.09 (5) of the statutes is renumbered 168.26 and amended
20to read:
AB40-ASA1,919,25
21168.26 Penalties. Any person who violates this
section subchapter or any rule
22or order adopted under this
section subchapter shall forfeit not less than $10 nor
23more than $5,000 for each violation. Each violation of this
section subchapter or any
24rule or order under this
section subchapter constitutes a separate offense and each
25day of continued violation is a separate offense.
AB40-ASA1,1628
1Section
1628. 101.1206 (1) of the statutes is amended to read:
AB40-ASA1,920,52
101.1206
(1) The department shall establish statewide standards for erosion
3control at building sites
that have a land disturbance that is less than one acre in area
4and that are for the construction of public buildings
, as defined in s. 101.01 (12), and
5buildings that are places of employment
, as defined in s. 101.01 (11).
AB40-ASA1,1629
6Section
1629. 101.14 (5) (a) of the statutes is amended to read:
AB40-ASA1,920,147
101.14
(5) (a) Subject to par. (b), in addition to any fee charged by the
8department by rule for plan review and approval for the construction of a new or
9additional installation or change in operation of a previously approved installation
10for the storage, handling or use of a liquid that is flammable or combustible or a
11federally regulated hazardous substance, as defined in s.
101.09 (1) (am) 168.21 (3),
12the department shall collect a groundwater fee of $100 for each plan review
13submittal. The moneys collected under this subsection shall be credited to the
14environmental fund for environmental management.
AB40-ASA1,1630
15Section
1630. 101.14 (5) (b) of the statutes is amended to read:
AB40-ASA1,920,1916
101.14
(5) (b) Notwithstanding par. (a), an installation for the storage,
17handling or use of a liquid that is flammable or combustible or a federally regulated
18hazardous substance, as defined in s.
101.09 (1) (am)
168.21 (3), that has a capacity
19of less than 1,000 gallons is not subject to the groundwater fee under par. (a).
AB40-ASA1,1631
20Section
1631. 101.142 (title) and (1) (intro.) of the statutes are renumbered
21168.28 (title) and (1) (intro.).
AB40-ASA1,1632
22Section
1632. 101.142 (1) (a) of the statutes is renumbered 168.28 (1) (a) and
23amended to read:
AB40-ASA1,921,224
168.28
(1) (a)
"Petroleum Notwithstanding s. 168.01 (3), "petroleum product"
25means materials derived from petroleum, natural gas
, or asphalt deposits and
1includes gasoline, diesel and heating fuels, liquefied petroleum gases, lubricants,
2waxes, greases
, and petrochemicals.
AB40-ASA1,1633
3Section
1633. 101.142 (1) (b) and (2) of the statutes are renumbered 168.28
4(1) (b) and (2).
AB40-ASA1,1634
5Section
1634. 101.143 (title) and (1) (intro.) and (ad) of the statutes are
6renumbered 292.63 (title) and (1) (intro.) and (ad).
AB40-ASA1,1635
7Section
1635. 101.143 (1) (am) of the statutes is repealed.
AB40-ASA1,1636
8Section
1636. 101.143 (1) (b) of the statutes is repealed.
AB40-ASA1,1637
9Section
1637. 101.143 (1) (bm) to (i) of the statutes are renumbered 292.63 (1)
10(bm) to (i).
AB40-ASA1,1638
11Section
1638. 101.143 (1m) of the statutes is renumbered 292.63 (1m).
AB40-ASA1,1639
12Section
1639. 101.143 (2) (title) and (b) and (c) of the statutes are renumbered
13292.63 (2) (title) and (b) and (c).
AB40-ASA1,1640
14Section
1640. 101.143 (2) (d) of the statutes is renumbered 292.63 (2) (d) and
15amended to read:
AB40-ASA1,921,1916
292.63
(2) (d) The department shall reserve a portion, not to exceed 20%, of the
17amount annually appropriated under s.
20.165 (2) (v)
20.370 (6) (fr) for awards under
18this section to be used to fund emergency remedial action and claims that exceed the
19amount initially anticipated.
AB40-ASA1,1641
20Section
1641. 101.143 (2) (e) to (g) of the statutes are renumbered 292.63 (2)
21(e) to (g).
AB40-ASA1,1642
22Section
1642. 101.143 (2) (h) of the statutes is renumbered 292.63 (2) (h), and
23292.63 (2) (h) (intro.) and 3., as renumbered, are amended to read:
AB40-ASA1,922,2
24292.63 (2) (h) (intro.) The department
of safety and professional services and
25the department of natural resources, jointly, shall promulgate rules designed to
1facilitate effective and cost-efficient administration of the program under this
2section that specify all of the following:
AB40-ASA1,922,53
3. Review procedures that must be followed by employees of the department
4of natural resources and the department of commerce in reviewing the information
5submitted under subd. 1.
AB40-ASA1,1643
6Section
1643. 101.143 (2) (i) of the statutes is renumbered 292.63 (2) (i), and
7292.63 (2) (i) (intro.) and 1., as renumbered, are amended to read:
AB40-ASA1,922,138
292.63
(2) (i) (intro.) The department
of safety and professional services and
9the department of natural resources, jointly, shall promulgate rules specifying
10procedures for evaluating remedial action plans and procedures to be used by
11employees of the department
of safety and professional services and the department
12of natural resources while remedial actions are being conducted. The
departments 13department shall specify procedures that include all of the following:
AB40-ASA1,922,1614
1. Annual reviews that include application of the method in the rules
15promulgated under sub. (2e)
(b) (a) to determine the risk posed by discharges that
16are the subject of the remedial actions.
AB40-ASA1,1644
17Section
1644. 101.143 (2) (j) of the statutes is renumbered 292.63 (2) (j), and
18292.63 (2) (j) (intro.) and 1., as renumbered, are amended to read:
AB40-ASA1,922,2119
292.63
(2) (j) (intro.) The department
of safety and professional services and
20the department of natural resources, jointly, shall promulgate rules specifying all of
21the following:
AB40-ASA1,922,2322
1. The conditions under which employees of the department
of commerce and
23the department of natural resources must issue approvals under sub. (3) (c) 4.
AB40-ASA1,1645
24Section
1645. 101.143 (2) (k) of the statutes is repealed.
AB40-ASA1,1646b
25Section 1646b. 101.143 (2) (L) of the statutes is repealed.
AB40-ASA1,1647
1Section
1647. 101.143 (2e) (title) of the statutes is renumbered 292.63 (2e)
2(title).
AB40-ASA1,1648
3Section
1648. 101.143 (2e) (a) of the statutes is renumbered 292.63 (2e) (a) and
4amended to read: