AB40-ASA1,1658
3Section
1658. 101.143 (3) (b), (bm) and (bn) of the statutes are renumbered
4292.63 (3) (b), (bm) and (bn).
AB40-ASA1,1659
5Section
1659. 101.143 (3) (c) of the statutes is renumbered 292.63 (3) (c), and
6292.63 (3) (c) 4., as renumbered, is amended to read:
AB40-ASA1,927,107
292.63
(3) (c) 4. Receive written approval from the department
of natural
8resources or, if the discharge is covered under s. 101.144 (2) (b), from the department
9of safety and professional services that the remedial action activities performed
10under subd. 3. meet the requirements of s. 292.11.
AB40-ASA1,1660
11Section
1660. 101.143 (3) (cm) of the statutes is renumbered 292.63 (3) (cm)
12and amended to read:
AB40-ASA1,927,1813
292.63
(3) (cm)
Monitoring as remedial action. An owner or operator or person
14owning a home oil tank system may, with the approval of the department
of natural
15resources or, if the discharge is covered under s. 101.144 (2) (b), the department of
16safety and professional services, satisfy the requirements of par. (c) 2. and 3. by
17proposing and implementing monitoring to ensure the effectiveness of natural
18attenuation of petroleum product contamination.
AB40-ASA1,1661
19Section
1661. 101.143 (3) (cp) of the statutes is renumbered 292.63 (3) (cp) and
20amended to read:
AB40-ASA1,928,221
292.63
(3) (cp)
Bidding process. 1. Except as provided in subds. 2.
to 5. and
225., if the department
of natural resources or, if the site is covered under s. 101.144
23(2) (b), the department of safety and professional services estimates that the cost to
24complete a site investigation, remedial action plan and remedial action for an
25occurrence exceeds $60,000, the department
of safety and professional services shall
1implement a competitive public bidding process to obtain information to assist in
2making the determination under par. (cs).
AB40-ASA1,928,73
2. The department
of safety and professional services or the department of
4natural resources may waive the requirement under subd. 1. if an enforcement
5standard is exceeded in groundwater within 1,000 feet of a well operated by a public
6utility, as defined in s. 196.01 (5), or within 100 feet of any other well used to provide
7water for human consumption.
AB40-ASA1,928,108
5. The department
of safety and professional services or the department of
9natural resources may waive the requirement under subd. 1. after providing notice
10to the
other department secretary of administration.
AB40-ASA1,928,1511
6. The department
of safety and professional services may disqualify a bid
12received under subd. 1. if, based on information available to the department and
13experience with remedial action at other sites, the bid is unlikely to establish an
14amount to sufficiently fund remedial action that will comply with par. (c) 3. and with
15enforcement standards.
AB40-ASA1,928,1916
7. The department
of safety and professional services may disqualify a person
17from submitting bids under subd. 1. if, based on past performance of the bidder, the
18department determines that the person has demonstrated an inability to complete
19remedial action within established cost limits.
AB40-ASA1,1662
20Section
1662. 101.143 (3) (cs) (title) of the statutes is renumbered 292.63 (3)
21(cs) (title).
AB40-ASA1,1663
22Section
1663. 101.143 (3) (cs) 1. of the statutes is renumbered 292.63 (3) (cs)
231. and amended to read:
AB40-ASA1,929,524
292.63
(3) (cs) 1. The department
of safety and professional services shall
25review the remedial action plan for a site
that is classified as low or medium risk
1under s. 101.144 and shall determine the least costly method of complying with par.
2(c) 3. and with enforcement standards. The department shall notify the owner or
3operator of its determination of the least costly method and shall notify the owner
4or operator that reimbursement for remedial action under this section is limited to
5the amount necessary to implement that method.
AB40-ASA1,1664
6Section
1664. 101.143 (3) (cs) 2. of the statutes is repealed.
AB40-ASA1,1665
7Section
1665. 101.143 (3) (cs) 3. of the statutes is renumbered 292.63 (3) (cs)
83. and amended to read:
AB40-ASA1,929,129
292.63
(3) (cs) 3. In making determinations under
subds. subd. 1.
and 2., the
10department
of natural resources and the department of safety and professional
11services shall determine whether natural attenuation will achieve compliance with
12par. (c) 3. and with enforcement standards.
AB40-ASA1,1666
13Section
1666. 101.143 (3) (cs) 4. of the statutes is renumbered 292.63 (3) (cs)
144. and amended to read:
AB40-ASA1,929,2115
292.63
(3) (cs) 4. The department
of safety and professional services may
16review and modify an amount established under subd. 1. if the department
17determines that new circumstances, including newly discovered contamination at a
18site, warrant those actions.
The department of safety and professional services and
19the department of natural resources may review and modify an amount established
20under subd. 2. if the departments determine that new circumstances, including
21newly discovered contamination at a site, warrant those actions.
AB40-ASA1,1667
22Section
1667. 101.143 (3) (cw) (title) of the statutes is renumbered 292.63 (3)
23(cw) (title).
AB40-ASA1,1668
24Section
1668. 101.143 (3) (cw) 1. of the statutes is renumbered 292.63 (3) (cw)
251. and amended to read:
AB40-ASA1,930,8
1292.63
(3) (cw) 1. The department
of safety and professional services shall
2conduct the annual review required under sub. (2) (i) 1. for a site
that is classified as
3low or medium risk under s. 101.144 and shall determine the least costly method of
4completing remedial action at the site in order to comply with par. (c) 3. and with
5enforcement standards. The department shall notify the owner or operator of its
6determination of the least costly method and shall notify the owner or operator that
7reimbursement under this section for any remedial action conducted after the date
8of the notice is limited to the amount necessary to implement that method.
AB40-ASA1,1669
9Section
1669. 101.143 (3) (cw) 2. of the statutes is repealed.
AB40-ASA1,1670
10Section
1670. 101.143 (3) (cw) 3. of the statutes is renumbered 292.63 (3) (cw)
113. and amended to read:
AB40-ASA1,930,1512
292.63
(3) (cw) 3. In making determinations under
subds. subd. 1.
and 2., the
13department
of natural resources and the department of safety and professional
14services shall determine whether natural attenuation will achieve compliance with
15par. (c) 3. and with enforcement standards.
AB40-ASA1,1671
16Section
1671. 101.143 (3) (cw) 4. of the statutes is renumbered 292.63 (3) (cw)
174. and amended to read:
AB40-ASA1,930,2418
292.63
(3) (cw) 4. The department
of safety and professional services may
19review and modify an amount established under subd. 1. if the department
20determines that new circumstances, including newly discovered contamination at a
21site, warrant those actions.
The department of safety and professional services and
22the department of natural resources may review and modify an amount established
23under subd. 2. if the departments determine that new circumstances, including
24newly discovered contamination at a site, warrant those actions.
AB40-ASA1,1672
1Section
1672. 101.143 (3) (d) of the statutes is renumbered 292.63 (3) (d) and
2amended to read:
AB40-ASA1,931,73
292.63
(3) (d)
Final review of remedial action activities. The department
of
4natural resources or, if the discharge is covered under s. 101.144 (2) (b), the
5department of safety and professional services shall complete a final review of the
6remedial action activities within 60 days after the claimant notifies the
appropriate 7department that the remedial action activities are completed.
AB40-ASA1,1673
8Section
1673. 101.143 (3) (e) of the statutes is repealed.
AB40-ASA1,1674
9Section
1674. 101.143 (3) (f) of the statutes is renumbered 292.63 (3) (f), and
10292.63 (3) (f) 5., as renumbered, is amended to read:
AB40-ASA1,931,1211
292.63
(3) (f) 5. The written approval of the department
of natural resources
12or the department of safety and professional services under par. (c) 4.
AB40-ASA1,1675
13Section
1675. 101.143 (3) (g) of the statutes is renumbered 292.63 (3) (g) and
14amended to read:
AB40-ASA1,931,2415
292.63
(3) (g)
Emergency situations. Notwithstanding pars. (a) 3. and (c) 1. and
162., an owner or operator or the person may submit a claim for an award under sub.
17(4) after notifying the department under par. (a) 3., without completing an
18investigation under par. (c) 1. and without preparing a remedial action plan under
19par. (c) 2.
, if an emergency existed which made the investigation under par. (c) 1. and
20the remedial action plan under par. (c) 2. inappropriate and, before conducting
21remedial action, the owner or operator or person notified the department
of safety
22and professional services and the department of natural resources of the emergency
23and the department
of safety and professional services and the department of
24natural resources authorized emergency action.
AB40-ASA1,1676
25Section
1676. 101.143 (3) (h) of the statutes is renumbered 292.63 (3) (h).
AB40-ASA1,1677
1Section
1677. 101.143 (4) (title) of the statutes is renumbered 292.63 (4) (title).
AB40-ASA1,1678
2Section
1678. 101.143 (4) (a) of the statutes is renumbered 292.63 (4) (a), and
3292.63 (4) (a) 6. and 7., as renumbered, are amended to read:
AB40-ASA1,932,64
292.63
(4) (a) 6. In any fiscal year, the department may not award more than
55% of the amount appropriated under s.
20.165 (2) (v)
20.370 (6) (fr) as awards for
6petroleum product storage systems described in par. (ei).
AB40-ASA1,932,107
7. In any fiscal year, the department may not award more than 5% of the
8amount appropriated under s.
20.165 (2) (v) 20.370 (6) (fr) as awards for petroleum
9product storage systems that are owned by school districts and that are used for
10storing heating oil for consumptive use on the premises where stored.
AB40-ASA1,1679
11Section
1679. 101.143 (4) (b) of the statutes is renumbered 292.63 (4) (b).
AB40-ASA1,1680
12Section
1680. 101.143 (4) (c) of the statutes is renumbered 292.63 (4) (c), and
13292.63 (4) (c) 10. and 12., as renumbered, are amended to read:
AB40-ASA1,932,1414
292.63
(4) (c) 10. Fees charged under
sub. (2) (L) or s. 292.55 (2).
AB40-ASA1,932,1715
12. Costs that are incurred after the date of a notice under sub. (3) (cw) 1.
or
162. and that exceed the amount necessary to comply with sub. (3) (c) 3. and with
17enforcement standards using the method specified in the notice.
AB40-ASA1,1681
18Section
1681. 101.143 (4) (cc) of the statutes is renumbered 292.63 (4) (cc).
AB40-ASA1,1682
19Section
1682. 101.143 (4) (ce) of the statutes is renumbered 292.63 (4) (ce).
AB40-ASA1,1683
20Section
1683. 101.143 (4) (cm) of the statutes is renumbered 292.63 (4) (cm).
AB40-ASA1,1684
21Section
1684. 101.143 (4) (d) of the statutes is renumbered 292.63 (4) (d).
AB40-ASA1,1685
22Section
1685. 101.143 (4) (dg) of the statutes is renumbered 292.63 (4) (dg).
AB40-ASA1,1686
23Section
1686. 101.143 (4) (di) of the statutes is renumbered 292.63 (4) (di).
AB40-ASA1,1687
24Section
1687. 101.143 (4) (dm) of the statutes is renumbered 292.63 (4) (dm).
AB40-ASA1,1688
25Section
1688. 101.143 (4) (dr) of the statutes is renumbered 292.63 (4) (dr).
AB40-ASA1,1689
1Section
1689. 101.143 (4) (e) of the statutes is renumbered 292.63 (4) (e).
AB40-ASA1,1690
2Section
1690. 101.143 (4) (ee) of the statutes is renumbered 292.63 (4) (ee).
AB40-ASA1,1691
3Section
1691. 101.143 (4) (ei) of the statutes is renumbered 292.63 (4) (ei), and
4292.63 (4) (ei) 1m. a. and b. and 2m., as renumbered, are amended to read:
AB40-ASA1,933,155
292.63
(4) (ei) 1m. a. The owner or operator of the farm tank owns a parcel of
635 or more acres of contiguous land, on which the farm tank is located, which is
7devoted primarily to agricultural use, as defined in s. 91.01 (2), including land
8designated by the department
of natural resources as part of the ice age trail under
9s. 23.17, which during the year preceding submission of a first claim under sub. (3)
10produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or
11which, during the 3 years preceding that submission produced gross farm profits, as
12defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on
13which the farm tank is located, of which at least 35 acres, during part or all of the
14year preceding that submission, were enrolled in the conservation reserve program
15under
16 USC 3831 to
3836.
AB40-ASA1,934,216
b. The claim is submitted by a person who, at the time that the notification was
17made under sub. (3) (a) 3., was the owner of the farm tank and owned a parcel of 35
18or more acres of contiguous land, on which the farm tank is or was located, which was
19devoted primarily to agricultural use, as defined in s. 91.01 (2), including land
20designated by the department
of natural resources as part of the ice age trail under
21s. 23.17, which during the year preceding that notification produced gross farm
22profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years
23preceding that notification, produced gross farm profits, as defined in s. 71.58 (4), of
24not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is
25located, of which at least 35 acres, during part or all of the year preceding that
1notification, were enrolled in the conservation reserve program under
16 USC 3831 2to
3836.
AB40-ASA1,934,73
2m. The owner or operator of the farm tank has received a letter or notice from
4the department
of safety and professional services or department of natural
5resources indicating that the owner or operator must conduct a site investigation or
6remedial action because of a discharge from the farm tank or an order to conduct such
7an investigation or remedial action.
AB40-ASA1,1692
8Section
1692. 101.143 (4) (em) of the statutes is renumbered 292.63 (4) (em).
AB40-ASA1,1693
9Section
1693. 101.143 (4) (es) of the statutes is renumbered 292.63 (4) (es), and
10292.63 (4) (es) 1., as renumbered, is amended to read:
AB40-ASA1,934,1711
292.63
(4) (es) 1. The department shall issue an award for a claim filed after
12August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987,
13by an owner or operator or a person owning a home oil tank system in investigating
14the existence of a discharge or investigating the presence of petroleum products in
15soil or groundwater if the investigation is undertaken at the written direction of the
16department
of safety and professional services or the department of natural
17resources and no discharge or contamination is found.
AB40-ASA1,1694
18Section
1694. 101.143 (4) (f) of the statutes is renumbered 292.63 (4) (f).
AB40-ASA1,1695
19Section
1695. 101.143 (4) (g) of the statutes is renumbered 292.63 (4) (g).
AB40-ASA1,1696
20Section
1696. 101.143 (4) (h) of the statutes is renumbered 292.63 (4) (h).
AB40-ASA1,1697
21Section
1697. 101.143 (4e) of the statutes is renumbered 292.63 (4e).
AB40-ASA1,1698
22Section
1698. 101.143 (4m) of the statutes is renumbered 292.63 (4m).
AB40-ASA1,1699
23Section
1699. 101.143 (5) of the statutes is renumbered 292.63 (5).
AB40-ASA1,1700
24Section
1700. 101.143 (6) of the statutes is renumbered 292.63 (6).
AB40-ASA1,1701
25Section
1701. 101.143 (6s) of the statutes is renumbered 292.63 (6s).
AB40-ASA1,1702
1Section
1702. 101.143 (7) of the statutes is renumbered 292.63 (7).
AB40-ASA1,1703
2Section
1703. 101.143 (7m) of the statutes is renumbered 292.63 (7m).
AB40-ASA1,1704
3Section
1704. 101.143 (9) of the statutes is renumbered 292.63 (9).
AB40-ASA1,1705
4Section
1705. 101.143 (9m) of the statutes is renumbered 292.63 (9m).
AB40-ASA1,1706
5Section
1706. 101.143 (10) of the statutes is renumbered 292.63 (10).
AB40-ASA1,1707
6Section
1707. 101.1435 of the statutes is renumbered 292.64, and 292.64 (1)
7(b) and (2) (b), as renumbered, are amended to read:
AB40-ASA1,935,9
8292.64 (1) (b) "Underground petroleum product storage tank system" has the
9meaning given in s.
101.143 292.63 (1) (i).
AB40-ASA1,935,15
10(2) (b) Using the method that the department uses to determine inability to pay
11under s.
101.143 292.63 (4) (ee), the department determines that the owner of the
12underground petroleum product storage tank system is unable to pay to empty,
13clean, remove, and dispose of the underground petroleum product storage tank
14system; to assess the site on which the underground petroleum product storage tank
15system is located; and to backfill the excavation.
AB40-ASA1,1708f
18Section 1708f. 101.1472 of the statutes is created to read:
AB40-ASA1,935,19
19101.1472 Contractor regulation. (1) In this section:
AB40-ASA1,935,2120
(a) "Construction work" means construction, renovation, improvements,
21remodeling, installations, alterations, repairs, or demolition activities.
AB40-ASA1,935,2322
(b) "License" means a license, a permit, or a certificate of certification or
23registration.
AB40-ASA1,936,2
24(2) The department may not promulgate or enforce any rule that requires that
25a person who is engaged, or who offers to be engaged, in a business to do construction
1work hold a license issued under this chapter or ch. 145 unless the rule relates to a
2license specifically required by this chapter or ch. 145.
AB40-ASA1,1708m
3Section 1708m. 101.19 (1g) (m) of the statutes is repealed.
AB40-ASA1,1709
4Section
1709. 101.19 (1r) of the statutes is amended to read:
AB40-ASA1,936,125
101.19
(1r) Notwithstanding subs. (1g) and (1m), the department shall waive
6any fee imposed on an individual who is eligible for the veterans fee waiver program
7under s. 45.44 for a license, permit, or certificate of certification or registration issued
8by the department under
ss. 101.09 (3) (c), s. 101.122 (2) (c),
101.143 (2) (g), 101.147, 9101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or
10(2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951,
11101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.07 (12), 145.15, 145.16,
12145.165, 145.17, 145.175, 145.18, or 167.10 (6m).
AB40-ASA1,1710
13Section
1710. 101.45 of the statutes is renumbered 16.956.
AB40-ASA1,1710m
14Section 1710m. 101.575 (4) (a) 1. of the statutes is amended to read:
AB40-ASA1,936,1815
101.575
(4) (a) 1. The department determines that the city, village, town or fire
16department is in substantial compliance with sub. (6) and
s. ss. 101.14 (2)
and
17101.141 (1) and (2). The department shall establish by rule the meaning of
18"substantial compliance" for purposes of this subdivision.