AB40: Bill Text

AB40,784,16 292.63 (3) (cm) Monitoring as remedial action. An owner or operator or person owning a home oil tank system may, with the approval of the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of safety and professional services, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of natural attenuation of petroleum product contamination.

AB40,1661 Section 1661. 101.143 (3) (cp) of the statutes is renumbered 292.63 (3) (cp) and amended to read:

AB40,784,25 292.63 (3) (cp) Bidding process. 1. Except as provided in subds. 2. to 5. and 5., if the department of natural resources or, if the site is covered under s. 101.144 (2) (b), the department of safety and professional services estimates that the cost to complete a site investigation, remedial action plan and remedial action for an occurrence exceeds $60,000, the department of safety and professional services shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).

AB40,785,5 2. The department of safety and professional services or the department of natural resources may waive the requirement under subd. 1. if an enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.

AB40,785,8 5. The department of safety and professional services or the department of natural resources may waive the requirement under subd. 1. after providing notice to the other department secretary of administration.

AB40,785,13 6. The department of safety and professional services may disqualify a bid received under subd. 1. if, based on information available to the department and experience with remedial action at other sites, the bid is unlikely to establish an amount to sufficiently fund remedial action that will comply with par. (c) 3. and with enforcement standards.

AB40,785,17 7. The department of safety and professional services may disqualify a person from submitting bids under subd. 1. if, based on past performance of the bidder, the department determines that the person has demonstrated an inability to complete remedial action within established cost limits.

AB40,1662 Section 1662. 101.143 (3) (cs) (title) of the statutes is renumbered 292.63 (3) (cs) (title).

AB40,1663 Section 1663. 101.143 (3) (cs) 1. of the statutes is renumbered 292.63 (3) (cs) 1. and amended to read:

AB40,786,3 292.63 (3) (cs) 1. The department of safety and professional services shall review the remedial action plan for a site that is classified as low or medium risk under s. 101.144 and shall determine the least costly method of complying with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement for remedial action under this section is limited to the amount necessary to implement that method.

AB40,1664 Section 1664. 101.143 (3) (cs) 2. of the statutes is repealed.

AB40,1665 Section 1665. 101.143 (3) (cs) 3. of the statutes is renumbered 292.63 (3) (cs) 3. and amended to read:

AB40,786,10 292.63 (3) (cs) 3. In making determinations under subds. subd. 1. and 2., the department of natural resources and the department of safety and professional services shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB40,1666 Section 1666. 101.143 (3) (cs) 4. of the statutes is renumbered 292.63 (3) (cs) 4. and amended to read:

AB40,786,19 292.63 (3) (cs) 4. The department of safety and professional services may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions. The department of safety and professional services and the department of natural resources may review and modify an amount established under subd. 2. if the departments determine that new circumstances, including newly discovered contamination at a site, warrant those actions.

AB40,1667 Section 1667. 101.143 (3) (cw) (title) of the statutes is renumbered 292.63 (3) (cw) (title).

AB40,1668 Section 1668. 101.143 (3) (cw) 1. of the statutes is renumbered 292.63 (3) (cw) 1. and amended to read:

AB40,787,6 292.63 (3) (cw) 1. The department of safety and professional services shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as low or medium risk under s. 101.144 and shall determine the least costly method of completing remedial action at the site in order to comply with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement under this section for any remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

AB40,1669 Section 1669. 101.143 (3) (cw) 2. of the statutes is repealed.

AB40,1670 Section 1670. 101.143 (3) (cw) 3. of the statutes is renumbered 292.63 (3) (cw) 3. and amended to read:

AB40,787,13 292.63 (3) (cw) 3. In making determinations under subds. subd. 1. and 2., the department of natural resources and the department of safety and professional services shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB40,1671 Section 1671. 101.143 (3) (cw) 4. of the statutes is renumbered 292.63 (3) (cw) 4. and amended to read:

AB40,787,22 292.63 (3) (cw) 4. The department of safety and professional services may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions. The department of safety and professional services and the department of natural resources may review and modify an amount established under subd. 2. if the departments determine that new circumstances, including newly discovered contamination at a site, warrant those actions.

AB40,1672 Section 1672. 101.143 (3) (d) of the statutes is renumbered 292.63 (3) (d) and amended to read:

AB40,788,5 292.63 (3) (d) Final review of remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of safety and professional services shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.

AB40,1673 Section 1673. 101.143 (3) (e) of the statutes is repealed.

AB40,1674 Section 1674. 101.143 (3) (f) of the statutes is renumbered 292.63 (3) (f), and 292.63 (3) (f) 5., as renumbered, is amended to read:

AB40,788,10 292.63 (3) (f) 5. The written approval of the department of natural resources or the department of safety and professional services under par. (c) 4.

AB40,1675 Section 1675. 101.143 (3) (g) of the statutes is renumbered 292.63 (3) (g) and amended to read:

AB40,788,22 292.63 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1. and 2., an owner or operator or the person may submit a claim for an award under sub. (4) after notifying the department under par. (a) 3., without completing an investigation under par. (c) 1. and without preparing a remedial action plan under par. (c) 2., if an emergency existed which made the investigation under par. (c) 1. and the remedial action plan under par. (c) 2. inappropriate and, before conducting remedial action, the owner or operator or person notified the department of safety and professional services and the department of natural resources of the emergency and the department of safety and professional services and the department of natural resources authorized emergency action.

AB40,1676 Section 1676. 101.143 (3) (h) of the statutes is renumbered 292.63 (3) (h).

AB40,1677 Section 1677. 101.143 (4) (title) of the statutes is renumbered 292.63 (4) (title).

AB40,1678 Section 1678. 101.143 (4) (a) of the statutes is renumbered 292.63 (4) (a), and 292.63 (4) (a) 6. and 7., as renumbered, are amended to read:

AB40,789,5 292.63 (4) (a) 6. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.165 (2) (v) 20.370 (2) (eu) as awards for petroleum product storage systems described in par. (ei).

AB40,789,9 7. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.165 (2) (v) 20.370 (2) (eu) as awards for petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored.

AB40,1679 Section 1679. 101.143 (4) (b) of the statutes is renumbered 292.63 (4) (b).

AB40,1680 Section 1680. 101.143 (4) (c) of the statutes is renumbered 292.63 (4) (c), and 292.63 (4) (c) 12., as renumbered, is amended to read:

AB40,789,15 292.63 (4) (c) 12. Costs that are incurred after the date of a notice under sub. (3) (cw) 1. or 2. and that exceed the amount necessary to comply with sub. (3) (c) 3. and with enforcement standards using the method specified in the notice.

AB40,1681 Section 1681. 101.143 (4) (cc) of the statutes is renumbered 292.63 (4) (cc).

AB40,1682 Section 1682. 101.143 (4) (ce) of the statutes is renumbered 292.63 (4) (ce).

AB40,1683 Section 1683. 101.143 (4) (cm) of the statutes is renumbered 292.63 (4) (cm).

AB40,1684 Section 1684. 101.143 (4) (d) of the statutes is renumbered 292.63 (4) (d).

AB40,1685 Section 1685. 101.143 (4) (dg) of the statutes is renumbered 292.63 (4) (dg).

AB40,1686 Section 1686. 101.143 (4) (di) of the statutes is renumbered 292.63 (4) (di).

AB40,1687 Section 1687. 101.143 (4) (dm) of the statutes is renumbered 292.63 (4) (dm).

AB40,1688 Section 1688. 101.143 (4) (dr) of the statutes is renumbered 292.63 (4) (dr).

AB40,1689 Section 1689. 101.143 (4) (e) of the statutes is renumbered 292.63 (4) (e).

AB40,1690 Section 1690. 101.143 (4) (ee) of the statutes is renumbered 292.63 (4) (ee).

AB40,1691 Section 1691. 101.143 (4) (ei) of the statutes is renumbered 292.63 (4) (ei), and 292.63 (4) (ei) 1m. a. and b. and 2m., as renumbered, are amended to read:

AB40,790,13 292.63 (4) (ei) 1m. a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land, on which the farm tank is located, which is devoted primarily to agricultural use, as defined in s. 91.01 (2), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding submission of a first claim under sub. (3) produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that submission produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that submission, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB40,790,25 b. The claim is submitted by a person who, at the time that the notification was made under sub. (3) (a) 3., was the owner of the farm tank and owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or was located, which was devoted primarily to agricultural use, as defined in s. 91.01 (2), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding that notification produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that notification, produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that notification, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB40,791,5 2m. The owner or operator of the farm tank has received a letter or notice from the department of safety and professional services or department of natural resources indicating that the owner or operator must conduct a site investigation or remedial action because of a discharge from the farm tank or an order to conduct such an investigation or remedial action.

AB40,1692 Section 1692. 101.143 (4) (em) of the statutes is renumbered 292.63 (4) (em).

AB40,1693 Section 1693. 101.143 (4) (es) of the statutes is renumbered 292.63 (4) (es), and 292.63 (4) (es) 1., as renumbered, is amended to read:

AB40,791,15 292.63 (4) (es) 1. The department shall issue an award for a claim filed after August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987, by an owner or operator or a person owning a home oil tank system in investigating the existence of a discharge or investigating the presence of petroleum products in soil or groundwater if the investigation is undertaken at the written direction of the department of safety and professional services or the department of natural resources and no discharge or contamination is found.

AB40,1694 Section 1694. 101.143 (4) (f) of the statutes is renumbered 292.63 (4) (f).

AB40,1695 Section 1695. 101.143 (4) (g) of the statutes is renumbered 292.63 (4) (g).

AB40,1696 Section 1696. 101.143 (4) (h) of the statutes is renumbered 292.63 (4) (h).

AB40,1697 Section 1697. 101.143 (4e) of the statutes is renumbered 292.63 (4e).

AB40,1698 Section 1698. 101.143 (4m) of the statutes is renumbered 292.63 (4m).

AB40,1699 Section 1699. 101.143 (5) of the statutes is renumbered 292.63 (5).

AB40,1700 Section 1700. 101.143 (6) of the statutes is renumbered 292.63 (6).

AB40,1701 Section 1701. 101.143 (6s) of the statutes is renumbered 292.63 (6s).

AB40,1702 Section 1702. 101.143 (7) of the statutes is renumbered 292.63 (7).

AB40,1703 Section 1703. 101.143 (7m) of the statutes is renumbered 292.63 (7m).

AB40,1704 Section 1704. 101.143 (9) of the statutes is renumbered 292.63 (9).

AB40,1705 Section 1705. 101.143 (9m) of the statutes is renumbered 292.63 (9m).

AB40,1706 Section 1706. 101.143 (10) of the statutes is renumbered 292.63 (10).

AB40,1707 Section 1707. 101.1435 of the statutes is renumbered 292.64, and 292.64 (1) (b) and (2) (b), as renumbered, are amended to read:

AB40,792,7 292.64 (1) (b) "Underground petroleum product storage tank system" has the meaning given in s. 101.143 292.63 (1) (i).

AB40,792,13 (2) (b) Using the method that the department uses to determine inability to pay under s. 101.143 292.63 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation.

AB40,1708 Section 1708. 101.144 of the statutes is repealed.

AB40,1709 Section 1709. 101.19 (1r) of the statutes is amended to read:

AB40,792,23 101.19 (1r) Notwithstanding subs. (1g) and (1m), the department shall waive any fee imposed on an individual who is eligible for the veterans fee waiver program under s. 45.44 for a license, permit, or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), s. 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.07 (12), 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB40,1710 Section 1710. 101.45 of the statutes is renumbered 16.956.

AB40,1711 Section 1711. 101.653 (2m) of the statutes is amended to read:

AB40,793,4 101.653 (2m) Rules for administration. The department shall promulgate rules for the administration of construction site erosion control under this subchapter by counties, cities, villages and towns, including provisions regarding the issuance of building permits and the collection and distribution of fees.

AB40,1712 Section 1712. 101.653 (8) of the statutes is created to read:

AB40,793,7 101.653 (8) Inapplicability. This section does not apply to a construction site that has a land disturbance area that is one acre or more in area.

AB40,1713 Section 1713. 102.07 (17m) of the statutes is amended to read:

AB40,793,11 102.07 (17m) A participant in a trial employment match program job under s. 49.147 (3) is an employee of any employer under this chapter for whom the participant is performing service at the time of the injury.

AB40,1714 Section 1714. 102.75 (1m) of the statutes is amended to read:

AB40,793,17 102.75 (1m) The moneys collected under sub. (1) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker's compensation operations fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) (ra), (rb), and (rp) and (2) (ra) and may not be used for any other purpose of the state.

AB40,1715 Section 1715. 108.02 (21e) (intro.) of the statutes is amended to read:

AB40,794,2 108.02 (21e) Professional employer organization. (intro.) "Professional employer organization" means any person who is currently registered as a professional employer organization with the department of safety and professional services financial institutions in accordance with subch. III of ch. 461 202, who contracts to provide the nontemporary, ongoing employee workforce of more than one client under a written leasing contract, the majority of whose clients are not under the same ownership, management, or control as the person other than through the terms of the contract, and who under contract and in fact:

AB40,1716 Section 1716. 108.04 (2) (a) 2. of the statutes is amended to read:

AB40,794,5 108.04 (2) (a) 2. As of that week, the individual has registered for work as directed by the department; and

AB40,1717 Section 1717. 108.04 (2) (a) 3. (intro.) of the statutes is amended to read: