AB40,766,1410
85.20
(4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the
11amounts for aids are
$5,681,600 in calendar year 2010, $5,852,200 in calendar year
122011, and $5,267,000 in calendar
year years 2012
and 2013 and $4,989,300 in
13calendar year 2014 and thereafter. These amounts, to the extent practicable, shall
14be used to determine the uniform percentage in the particular calendar year.
AB40,1580
15Section
1580. 85.20 (4s) of the statutes is amended to read:
AB40,766,2016
85.20
(4s) Payment of aids under the contract. The contracts executed
17between the department and eligible applicants under this section shall provide that
18the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the
19state's fiscal year shall be provided from the following fiscal year's appropriation
20under s. 20.395 (1)
(hr), (hs), (ht), (hu), or (hw)
(ha), (hb), (hc), (hd), or (he).
AB40,1581
21Section
1581. 85.63 of the statutes is created to read:
AB40,766,23
2285.63 Surveying reference station system. (1) The department shall
23administer a surveying reference station system consisting of all of the following:
AB40,766,2524
(a) A passive system consisting of a network of monuments located throughout
25the state that are used to generate latitude, longitude, and elevation data.
AB40,767,4
1(b) An active surveying reference station system consisting of reference
2stations statewide that continuously transmit global positioning system data to a
3system server, and the server that receives and processes the data received from the
4reference stations.
AB40,767,8
5(2) The department may charge a fee for providing access to the system under
6sub. (1) in an amount to be established by rule. All fees received under this
7subsection shall be deposited in the general fund and credited to the appropriation
8account under s. 20.395 (3) (jg).
AB40,1582
9Section
1582. 86.34 (title) of the statutes is amended to read:
AB40,767,10
1086.34 (title)
Flood Disaster damage aids.
AB40,1583
11Section
1583. 86.34 (1) of the statutes is renumbered 86.34 (1m), and 86.34
12(1m) (a) and (b), as renumbered, are amended to read:
AB40,767,2113
86.34
(1m) (a) When any
public highway
, street, alley or bridge not on the state
14trunk highway system is damaged by
flood a disaster, the county highway
15committee, or the governing body of the municipality having jurisdiction over the
16maintenance
thereof of the highway, may adopt a petition for aid under this section
17and file a certified copy
thereof of the petition with the department. To be eligible
18for aid the petition shall be filed not later than 2 months after the occurrence of the
19flood disaster damage, except as provided in par. (b). All such petitions shall state
20the dates on which the
flood disaster damage occurred and as nearly as practical
21state the location, nature
, and extent of the damage.
AB40,767,2522
(b) The department may extend the filing deadline under par. (a) if it appears
23reasonably likely that federal disaster aid may be forthcoming or when widespread
24or continuous
flooding disaster damage makes an evaluation of
flood damage
25difficult.
AB40,1584
1Section
1584. 86.34 (1g) of the statutes is created to read:
AB40,768,22
86.34
(1g) In this section:
AB40,768,63
(a) "Catastrophic highway failure" means the sudden failure of a major element
4or segment of the highway system due to a cause that is external to a highway, but
5does not include any failure primarily attributable to gradual and progressive
6deterioration or lack of proper maintenance of a highway.
AB40,768,77
(b) "Disaster" means any of the following:
AB40,768,98
1. A severe storm, flood, fire, tornado, mudslide, or other natural event external
9to a highway or a catastrophic highway failure.
AB40,768,1210
2. An event or recurring damage caused by any governmental unit or person
11acting under the direction or approval of, or permit issued by, any governmental unit
12and in response to an event described in subd. 1.
AB40,768,1513
(c) "Governmental unit" means the state or any state agency, as defined in s.
1420.001 (1); any county, city, village, town, or other political subdivision of the state;
15or the federal government or any of its agencies.
AB40,768,1716
(d) "Highway" means a highway, as defined in s. 340.01 (22), that is not on the
17state trunk highway system.
AB40,1585
18Section
1585. 86.34 (2) of the statutes is amended to read:
AB40,769,1319
86.34
(2) The department shall make such investigation as it deems necessary
20and within 6 months from the date of filing the petition shall make its determination
21as to the granting of aid, the amount thereof, and the conditions under which it is
22granted. In making its determination the department shall cause an estimate to be
23made of the cost of repairing or replacing the facilities damaged or destroyed
by the
24flood to standards and efficiency similar to those
previously existing
immediately
25before the damage or destruction, and also an estimate of the cost of reconstructing
1the facilities to a higher type or improving any such facilities if determined to be
2warranted and advisable. Except as provided in
sub.
subs. (2m)
and (6), the amount
3of aid
payable for damage caused by a disaster described in sub. (1g) (b) 1. shall be
4three-fourths 75 percent of the cost of repair or replacement to standards similar to
5those
previously existing
immediately before the damage or destruction, plus 50%
6of the increased cost of the reconstruction to a higher type or the improvement of any
7of the facilities.
Except as provided in subs. (2m) and (6), the amount of aid payable
8for damage caused by a disaster described in sub. (1g) (b) 2. shall be 70 percent of the
9cost of repair or replacement to standards similar to those existing immediately
10before the damage or destruction. The department may revise estimates on the basis
11of additional facts. The county, town, village
, or city shall pay the remainder of the
12cost not allowed as aid, but this shall not invalidate any other provision of the
13statutes whereby the cost may be shared by the county and the town, village
, or city.
AB40,1586
14Section
1586. 86.34 (2m) of the statutes is amended to read:
AB40,769,2315
86.34
(2m) If Subject to sub. (6), if the department's estimate under sub. (2) of
16the cost of repair or improvement of the facilities determined by the department to
17be eligible for aid is $15,000 or less, the department shall offer the petitioner an
18amount of aid equal to 75% of the total amount of the department's estimate
for
19damage caused by a disaster described in sub. (1g) (b) 1. or 70 percent of the total
20amount of the department's estimate for damage caused by a disaster described in
21sub. (1g) (b) 2. If the petitioner accepts aid under this subsection, the aid shall be paid
22to the petitioner or, subject to sub. (5), the county, and no other form of aid is available
23under this section for the repair or improvement of such facilities.
AB40,1587
24Section
1587. 86.34 (6) of the statutes is created to read:
AB40,770,3
186.34
(6) The department may not pay aid under this section in excess of
2$1,000,000, in connection with disaster damage resulting from a single disaster,
3unless the payment of aid is approved by the governor.
AB40,1588
4Section
1588. 93.02 of the statutes is amended to read:
AB40,770,10
593.02 Staff. The secretary shall appoint all staff necessary for the carrying out
6of the duties of the department, all of whom shall be under the classified service
7except the deputy secretary, the
executive assistant
deputy secretary, and, subject
8to s. 230.08 (4) (a), the administrators of divisions. Each such deputy secretary,
9executive assistant
deputy secretary, or administrator shall be appointed by the
10secretary with the approval of the board.
AB40,1589
11Section
1589. 93.135 (title) of the statutes is amended to read:
AB40,770,13
1293.135 (title)
License denial, nonrenewal, suspension or restriction
13based on failure to pay support or taxes.
AB40,1590
14Section
1590. 93.135 (1) (rg) of the statutes is created to read:
AB40,770,1515
93.135
(1) (rg) A certification or registration under s. 168.23 (3).
AB40,1591
16Section
1591. 93.135 (4) of the statutes is created to read:
AB40,770,2117
93.135
(4) The department shall deny an application for the issuance or
18renewal of certification or registration under s. 168.23 (3), or shall suspend or restrict
19such a certification or registration, if the department of revenue certifies under s.
2073.0301 that the holder of the certification or registration is liable for delinquent
21taxes.
AB40,1592
22Section
1592. 93.40 (1) (g) of the statutes is amended to read:
AB40,770,2523
93.40
(1) (g) Promote the growth of the dairy industry through research,
24planning, and assistance, including grants and loans to dairy producers
and grants
25to persons operating processing plants.
AB40,1593
1Section
1593. 93.60 of the statutes is repealed.
AB40,1594
2Section
1594. 98.246 (1) of the statutes is amended to read:
AB40,771,43
98.246
(1) In this section, "petroleum products" has the meaning given under
4s.
168.03 168.01 (3).
AB40,1595
5Section
1595. 101.02 (18m) of the statutes is renumbered 93.06 (1pm) and
6amended to read:
AB40,771,147
93.06
(1pm) Testing of petroleum products. The department may perform,
8or contract for the performance of, testing of petroleum products other than testing
9provided under ch. 168. The department may establish a schedule of fees for such
10petroleum product testing services. The department shall credit all revenues
11received from fees established under this subsection to the appropriation account
12under s.
20.165 (2) (ga) 20.115 (1) (gc). Revenues from fees established under this
13subsection may be used by the department to pay for testing costs, including
14laboratory supplies and equipment amortization, for such products.
AB40,1596
15Section
1596. 101.02 (18r) of the statutes is created to read:
AB40,771,1816
101.02
(18r) The department shall promulgate a rule specifying fees for plan
17reviews relating to the storage, handling, or use of flammable or combustible liquids
18or federally regulated hazardous substances, as defined in s. 168.21 (3).
AB40,1597
19Section
1597. 101.02 (20) (a) of the statutes is amended to read:
AB40,772,220
101.02
(20) (a) For purposes of this subsection, "license" means a license,
21permit, or certificate of certification or registration issued by the department for an
22occupation or profession under s.
101.09 (3) (c), 101.122 (2) (c),
101.143 (2) (g), 23101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m),
24101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951,
25101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16,
1145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under
2ch. 101 or 145.
AB40,1598
3Section
1598. 101.02 (21) (a) of the statutes is amended to read:
AB40,772,104
101.02
(21) (a) In this subsection, "license" means a license, permit, or
5certificate of certification or registration issued by the department for an occupation
6or profession under s.
101.09 (3) (c), 101.122 (2) (c),
101.143 (2) (g), 101.147, 101.15
7(2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73
8(5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2),
9101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17,
10145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.
AB40,1599
11Section
1599. 101.02 (24) (a) 2. of the statutes is amended to read:
AB40,772,1812
101.02
(24) (a) 2. "License" means a license, permit, or certificate of
13certification or registration issued by the department for an occupation or profession
14under s.
101.09 (3) (c), 101.122 (2) (c),
101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16
15(3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.654,
16101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952,
17101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17,
18145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.
AB40,1600
19Section
1600. 101.09 (title) of the statutes is repealed.
AB40,1601
20Section
1601. 101.09 (1) (intro.) of the statutes is renumbered 168.21 (intro.)
21and amended to read:
AB40,772,22
22168.21 Definitions. (intro.) In this
section subchapter:
AB40,1602
23Section
1602. 101.09 (1) (a) of the statutes is renumbered 168.21 (1).
AB40,1603
24Section
1603. 101.09 (1) (am) of the statutes is renumbered 168.21 (3).
AB40,1604
25Section
1604. 101.09 (1) (b) of the statutes is renumbered 168.21 (4).
AB40,1605
1Section
1605. 101.09 (1) (c) of the statutes is renumbered 168.21 (5).
AB40,1606
2Section
1606. 101.09 (1) (cm) of the statutes is renumbered 168.21 (6).
AB40,1607
3Section
1607. 101.09 (1) (d) of the statutes is renumbered 168.21 (7).
AB40,1608
4Section
1608. 101.09 (2) (title) of the statutes is renumbered 168.22 (title).
AB40,1609
5Section
1609. 101.09 (2) (a) of the statutes is renumbered 168.22 (1) and
6amended to read:
AB40,773,107
168.22
(1) Except as provided under
pars. (b) to (d) subs. (2) to (5), every person
8who constructs, owns or controls a tank for the storage, handling or use of liquid that
9is flammable or combustible or a federally regulated hazardous substance shall
10comply with the standards adopted under
sub. (3)
s. 168.23.
AB40,1610
11Section
1610. 101.09 (2) (b) of the statutes is renumbered 168.22 (2) and
12amended to read:
AB40,773,1413
168.22
(2) This
section subchapter does not apply to storage tanks which
14require a hazardous waste license under s. 291.25.
AB40,1611
15Section
1611. 101.09 (2) (c) of the statutes is renumbered 168.22 (3) and
16amended to read:
AB40,773,1817
168.22
(3) This
section subchapter does not apply to storage tanks which are
18installed above ground level and which are less than 5,000 gallons in capacity.
AB40,1612
19Section
1612. 101.09 (2) (cm) (intro.) of the statutes is renumbered 168.22 (4)
20(intro.) and amended to read:
AB40,773,2421
168.22
(4) (intro.) Any rules promulgated under
sub. (3) s. 168.23 requiring an
22owner to test the ability of a storage tank, connected piping or ancillary equipment
23to prevent an inadvertent release of a stored substance do not apply to storage tanks
24that satisfy all of the following:
AB40,1613
1Section
1613. 101.09 (2) (cm) 1. to 3. of the statutes are renumbered 168.22
2(4) (a) to (c).
AB40,1614
3Section
1614. 101.09 (2) (d) of the statutes is renumbered 168.22 (5) and
4amended to read:
AB40,774,65
168.22
(5) This
section subchapter does not apply to a pressurized natural gas
6pipeline system regulated under
49 CFR 192 and
193.
AB40,1615
7Section
1615. 101.09 (3) (title) of the statutes is renumbered 168.23 (title).
AB40,1616
8Section
1616. 101.09 (3) (a) of the statutes is renumbered 168.23 (1).
AB40,1617
9Section
1617. 101.09 (3) (b) of the statutes is renumbered 168.23 (2) and
10amended to read:
AB40,774,1711
168.23
(2) The department may transfer any information which the
12department receives under
par. (a) sub. (1) to any other agency or governmental unit.
13The department and any such agency shall treat the name of the owner and the
14location of any noncommercial storage tank which stores heating oil for consumptive
15use on the premises, required to be submitted to the department under
par. (a) sub.
16(1), as confidential and shall not permit inspection or copying under s. 19.35 of any
17record containing the information.
AB40,1618
18Section
1618. 101.09 (3) (c) of the statutes is renumbered 168.23 (3) and
19amended to read:
AB40,775,220
168.23
(3) The rule promulgated under
par. (a) sub. (1) may require the
21certification or registration of persons who install, remove, clean, line, perform
22tightness testing on and inspect tanks and persons who perform site assessments.
23Any rule requiring certification or registration shall also authorize the revocation or
24suspension of the certification or registration.
The department may not require an
1individual who is eligible for the veterans fee waiver program under s. 45.44 to pay
2any fee that may be charged pursuant to such a rule.
AB40,1619
3Section
1619. 101.09 (3) (d) of the statutes is renumbered 168.23 (4) and
4amended to read:
AB40,775,85
168.23
(4) The department shall promulgate a rule specifying fees for
plan
6review and inspection of tanks for the storage, handling, or use of flammable or
7combustible liquids and for any certification or registration required under
par. (c) 8sub. (3).
AB40,1620
9Section
1620. 101.09 (3m) (title) of the statutes is renumbered 168.24 (title).
AB40,1621
10Section
1621. 101.09 (3m) (a) of the statutes is renumbered 168.24 (1) and
11amended to read:
AB40,775,1412
168.24
(1) In this
subsection section, "hazardous substance" means a
13combustible liquid, a flammable liquid, or a federally regulated hazardous
14substance.
AB40,1622
15Section
1622. 101.09 (3m) (b) of the statutes is renumbered 168.24 (2) and
16amended to read:
AB40,775,2117
168.24
(2) The department may not impose any requirement that specifies that
18pipe connections at the top of a storage tank and beneath all freestanding pumps and
19dispensers that routinely contain a hazardous substance be placed within secondary
20containment sumps, if the pipe connections were installed or in place on or before
21February 1, 2009. This
subsection section does not apply after December 31, 2020.
AB40,1623
22Section
1623. 101.09 (4) (title) of the statutes is renumbered 168.25 (title).
AB40,1624
23Section
1624. 101.09 (4) (a) of the statutes is renumbered 168.25 (1) and
24amended to read: