Wisconsin Legislature: 27,3692

(bm) “Petroleum storage tank" means a storage tank that is used to store petroleum products together with any on-site integral piping or dispensing system. “Petroleum storage tank" does not include a pipeline facility.

(c) “Remedial action" means action that is taken in response to a discharge and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands and waters of this state.

(d) “Responsible person" means a person who owns or operates a petroleum storage tank, a person who causes a discharge from a petroleum storage tank or a person on whose property a petroleum storage tank is located.

(2) (a) The department shall administer a program under which responsible persons investigate, and take remedial action in response to, those discharges of petroleum products from petroleum storage tanks that are covered under par. (b). The department may issue an order requiring a responsible person to take remedial action in response to a discharge of a petroleum product from a petroleum storage tank if the discharge is covered under par. (b). In administering this section, the department shall follow rules promulgated by the department of natural resources for the cleanup of discharges of hazardous substances.

(b) The program under this section covers a discharge of a petroleum product from a petroleum storage tank if all of the following apply:

1. The site of the discharge is classified, as provided under sub. (3m) (a) 3., as medium priority or low priority, based on the threat that the discharge poses to public health, safety and welfare and to the environment.

2. The site of the discharge is not contaminated by a hazardous substance other than the petroleum product that was discharged from the petroleum storage tank.

(3) The department of natural resources may take action under s. 144.76 (7) (a) or may issue an order under s. 144.76 (7) (c) in response to a discharge that is covered under sub. (2) (b) only if one or more of the following apply:

(a) The action or order is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.

(b) The department of development requests the department of natural resources to take the action or issue the order.

(c) The secretary of natural resources approves the action or order in advance after notice to the secretary of development.

(d) The department of natural resources takes action under s. 144.76 (7) (a) after the responsible person fails to comply with an order that was issued under s. 144.76 (7) (c) in compliance with this subsection.

(e) The department of natural resources takes the action under s. 144.76 (7) (a) because the identity of the responsible person is unknown.

(3m) (a) The department of development and the department of natural resources shall enter into a memorandum of understanding that does all of the following:

1. Establishes the respective functions of the 2 departments in the administration of this section and s. 101.143.

2. Establishes procedures to ensure that remedial actions taken under this section are consistent with actions taken under s. 144.76 (7).

3. Establishes procedures, standards and schedules for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high priority, medium priority or low priority.

(b) The department of development and the department of natural resources shall submit a memorandum of understanding under this subsection to the secretary of administration for review. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.

(4) Any person who violates a rule promulgated or an order issued under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.

27,3686 Section 3686 . 101.17 of the statutes is amended to read:

101.17 Machines and boilers, safety requirement. No machine, mechanical device, or steam boiler shall be installed or used in this state which does not fully comply with the requirements of the laws of this state enacted for the safety of employes and frequenters in places of employment and public buildings and with the orders of the department adopted and published in conformity with ss. 101.01 to 101.25 this subchapter. Any person violating this section shall be subject to the forfeitures provided in s. 101.02 (12) and (13).

27,3687 Section 3687 . 101.22 of the statutes is renumbered 106.04.

27,3688 Section 3688 . 101.221 of the statutes is renumbered 106.05, and 106.05 (2), as renumbered, is amended to read:

106.05 (2) The council shall give consideration to the practical operation and application of ss. 101.22 to 101.222 106.04 to 106.06 and report to the proper legislative committee its view on any pending bill relating to the subject matter of ss. 101.22 to 101.222 106.04 to 106.06.

27,3689 Section 3689 . 101.222 of the statutes is renumbered 106.06, and 106.06 (3), as renumbered, is amended to read:

106.06 (3) All gifts, grants, bequests and devises to the division for its use for any of the purposes mentioned in s. 101.221 106.05 are valid and shall be used to carry out the purposes for which made and received.

27,3690 Section 3690 . 101.223 of the statutes is renumbered 106.07, and 106.07 (4) (a), as renumbered, is amended to read:

106.07 (4) (a) The department shall receive and investigate complaints charging discrimination or discriminatory practices in particular cases, and publicize its findings with respect thereto. The department has all powers provided under s. 111.39 with respect to the disposition of such complaints. The findings and orders of examiners may be reviewed as provided under s. 101.22 106.04 (10) (b).

27,3691 Section 3691 . 101.225 of the statutes is renumbered 106.08.

27,3692 Section 3692 . 101.23 of the statutes is renumbered 106.09.

27,3693 Section 3693 . 101.25 of the statutes is renumbered 106.10.

27,3694 Section 3694 . 101.26 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 106.11.

27,3695 Section 3695 . 101.26 (3) (a) of the statutes is amended to read:

101.26 (3) (a) To ensure that the governor's coordination and special services plan proposed by the state job training coordinating council governor's council on workforce excellence and each job training plan proposed by a private industry council pursuant to the federal job training partnership act, 29 USC 1501 to 1781 1792b, coordinate with and consider programs and services provided or proposed by other bodies with a direct interest in employment, training and human resources utilization and respond to concerns of interested citizens, employment and training service providers and members of the business community, the state job training coordinating council governor's council on workforce excellence and each private industry council shall make their proposed plans available to the public and after reasonable notice hold at least one public hearing before submittal to the governor under par. (c). The state job training coordinating governor's council on workforce excellence or private industry council shall provide notice of the public hearing and a copy of the proposed plan or a summary of it to the appropriate standing committees under par. (b). The public hearing shall be held sufficiently in advance of the date each council must submit its plan to the governor to permit the council to address concerns raised at its hearing. The public hearing shall be held at a reasonable time in a place accessible to the public, including handicapped persons.

27,3696 Section 3696 . 101.26 (3) (b) 1. of the statutes is amended to read:

101.26 (3) (b) 1. The state job training coordinating governor's council on workforce excellence shall submit notice of public hearing and a copy of the proposed governor's coordination and special services plan or a summary of it to the standing committees dealing with education, economic development and employment and to any other appropriate standing committee in each house of the legislature at least 120 days before the beginning of the first of 2 program years covered by the plan.

27,3697 Section 3697 . 101.26 (3) (c) (intro.) of the statutes is amended to read:

101.26 (3) (c) (intro.) After the public hearing under par. (a), the state job training coordinating governor's council on workforce excellence or the private industry council shall submit its proposed plan to the governor according to procedures established by the department. The state job training coordinating governor's council on workforce excellence or the private industry council shall include all of the following with the proposed plan submitted to the governor:

27,3698 Section 3698 . 101.262 of the statutes is created to read:

101.262 Governor's council on workforce excellence. (1) The governor's council on workforce excellence shall oversee the planning, coordination, administration and implementation of the employment and education programs provided under all of the following:

(a) The job training partnership act, 29 USC 1501 to 1792b, including the employment and education programs provided under ss. 101.26 and 101.27.

(b) The job opportunities and basic skills program under 42 USC 682 (a) and s. 49.193.

(d) The adult education act, 20 USC 1201 to 1213d.

(e) The Carl D. Perkins vocational and applied technology education act, 20 USC 2301 to 2471.

(f) The school-to-work opportunities act of 1994, 20 USC 6101 to 6251.

(g) The youth apprenticeship program under s. 101.265 and any other apprenticeship program for which the department provides assistance.

(h) The public employment office system under 29 USC 49 to 49n and s. 101.23.

(i) The national and community service corps under 42 USC 12501 to 12682 and s. 16.22.

(id) The rehabilitation act of 1973, 29 USC 701 to 796i.

(ig) The older Americans act of 1965, 42 USC 3001 to 3058ee.

(ij) The refugee act of 1980, 8 USC 1521 to 1524.

(im) The veterans' rehabilitation and education amendments of 1980, 38 USC 3100 to 3121.

(ip) The servicemen's readjustment act of 1944, 38 USC 3701 to 3764.

(ir) The development zone jobs credit program under ss. 71.07 (2dj), 71.28 (1dj) and 71.47 (1dj).

(it) The Wisconsin conservation corps program under s. 16.20.

(iv) The veterans job training program under s. 101.25 and any other job training program for veterans administered by the department.

(j) Such other employment and education programs as the governor may by executive order assign to the council.

(2) The governor's council on workforce excellence shall do all of the following:

(a) Identify the workforce development needs of the state and recommend to the governor goals for meeting those needs and steps to meet those goals.

(b) Review the provision of services and the allocation of funding and resources under the programs specified in sub. (1) and recommend to the governor a strategic plan for coordinating the provision of those services and for allocating that funding and those resources, consistent with the laws, rules and regulations governing those programs, so as to best respond to the workforce development needs identified under par. (a).

(c) Monitor the provision of services and the expenditure of funding and resources under the programs specified in sub. (1) and evaluate the effectiveness of those programs in meeting the employment and education needs of the participants in those programs.

(d) Determine whether any federal laws, regulations or policies impede the effectiveness or coordination of any of the programs specified in sub. (1) and, if so, recommend that the department seek waivers of those laws, regulations or policies.

(e) Recommend for approval by the department under s. 101.265 (2m) occupations for the youth apprenticeship program and statewide skill standards for programs provided under the school-to-work opportunities act of 1994, 20 USC 6101 to 6251.

(f) Review and comment on all proposals for the establishment of new employment and education programs, including the eligibility criteria for receiving services under those programs, to ensure that employment and education program services are not duplicated unnecessarily.

(g) Oversee the establishment and operation of public employment offices under s. 101.23.

(h) Provide uniform performance standards that assist in evaluating the effectiveness of the employment and education programs specified in sub. (1).

(i) Annually, prepare and submit to the legislature under s. 13.172 (2) and to the governor a report on the activities of the governor's council on workforce excellence that includes recommendations regarding the employment and education programs specified in sub. (1).

(3) The council may not impose any mandates on any local governmental unit or educational institution. In this subsection, “local governmental unit" means a political subdivision of this state, special purpose district in this state, instrumentality or corporation of such a political subdivision or special purpose district, combination or subunit of any of the foregoing or instrumentality of the state and any of the foregoing.

27,3699 Section 3699 . 101.262 of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 106.115, and 106.115 (1) (a), (g), (h), (i), (it) and (iv) and (2) (e) and (g), as renumbered, are amended to read:

106.115 (1) (a) The job training partnership act, 29 USC 101 to 1792b, including the employment and education programs provided under ss. 101.26 and 101.27 106.11 and 106.15.

(g) The youth apprenticeship program under s. 101.265 106.13 and any other apprenticeship program for which the department provides assistance.

(h) The public employment office system under 29 USC 49 to 49n and s. 101.23 106.09.

(i) The national and community service corps under 42 USC 12501 to 12682 and s. 16.22 106.40.

(it) The Wisconsin conservation corps program under s. 16.20 106.215.

(iv) The veterans job training program under s. 101.25 106.10 and any other job training program for veterans administered by the department.

(2) (e) Recommend for approval by the department under s. 101.265 106.13 (2m) occupations for the youth apprenticeship program and statewide skill standards for programs provided under the school-to-work opportunities act of 1994, 20 USC 6101 to 6251.

(g) Oversee the establishment and operation of public employment offices under s. 101.23 106.09.

27,3700 Section 3700 . 101.264 of the statutes is amended to read:

101.264 (title) Office Division of workforce excellence. The office Based on the recommendations of the governor's council on workforce excellence, the division of workforce excellence shall plan, coordinate , administer and implement the department's workforce excellence initiatives, programs and, policies and funding, the youth apprenticeship and school-to-work programs under s. 101.265 and such other employment and education programs as the governor may by executive order assign to the division. Notwithstanding any limitations placed on the use of state employment and education funds under this section or s. 101.265, 101.267, 101.27, 101.35 or 101.38 or under an executive order assigning an employment and education program to the division, the secretary may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.

27,3701 Section 3701 . 101.264 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 106.12 and amended to read:

106.12 Division of workforce excellence. Based on the recommendations of the governor's council on workforce excellence, the division of workforce excellence shall plan, coordinate, administer and implement the department's workforce excellence initiatives, programs, policies and funding, the youth apprenticeship and school-to-work programs under s. 101.265 106.13 and such other employment and education programs as the governor may by executive order assign to the division. Notwithstanding any limitations placed on the use of state employment and education funds under this section or s. 101.265, 101.267, 101.27, 101.35 or 101.38 106.13, 106.14, 106.15, 106.20 or 106.21 or under an executive order assigning an employment and education program to the division, the secretary may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.

27,3702 Section 3702 . 101.265 (title) of the statutes is amended to read:

101.265 (title) Youth apprenticeship program and school-to-work programs.

27,3703 Section 3703 . 101.265 (title) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 106.13 (title).

27,3704 Section 3704 . 101.265 (1) of the statutes is amended to read:

101.265 (1) The department shall provide a youth apprenticeship program in accordance with the report prepared by the department under 1991 Wisconsin Act 39, section 9129 (5t) and a school-to-work program in accordance with 20 USC 6101 to 6251.

27,3705 Section 3705. 101.265 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 106.13 (1).

27,3706 Section 3706 . 101.265 (2) of the statutes is amended to read: