1995 Wisconsin Act 27

27,3679 Section 3679 . 101.143 (4) (a) 6. of the statutes is amended to read:

101.143 (4) (a) 6. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.445 (1) 20.143 (3) (v) as awards for petroleum product storage systems described in par. (ei) 1.

27,3680 Section 3680 . 101.143 (4) (a) 7. of the statutes is amended to read:

101.143 (4) (a) 7. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.445 (1) 20.143 (3) (v) 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.

27,3680n Section 3680n. 101.143 (4) (dm) 1. of the statutes is amended to read:

101.143 (4) (dm) 1. The department shall issue an award under this paragraph for a claim for eligible costs, under par. (b), incurred on or after May 7, 1994 August 1, 1987, and before July 1, 1998, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system and for eligible costs, under par. (b), incurred on or after July 1, 1998, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system if the petroleum product discharge on which the claim is based is confirmed and activities under sub. (3) (c) or (g) are begun before July 1, 1998.

27,3680p Section 3680p. 101.143 (4) (dm) 5. of the statutes is created to read:

101.143 (4) (dm) 5. The department shall recalculate all awards issued under par. (e) before the effective date of this subdivision .... [revisor inserts date], for eligible costs incurred before May 7, 1994, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system according to the eligibility requirements at the time that the awards were made except that the awards shall be subject to the deductible amounts under subd. 2. and the maximum amounts under subds. 3. and 4. The department shall issue an award under this subdivision for the difference between the award as recalculated under this subdivision and the award issued before the effective date of this subdivision .... [revisor inserts date].

27,3680q Section 3680q. 101.143 (4) (e) 1. a. of the statutes is repealed.

27,3680r Section 3680r. 101.143 (4) (e) 2. of the statutes is amended to read:

101.143 (4) (e) 2. The department shall issue the award under this paragraph without regard to fault in an amount equal to the amount of the eligible costs that exceeds a deductible amount of $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence, for eligible costs incurred before July 1, 1993, or a deductible amount of $10,000 for eligible costs incurred on or after July 1, 1993 $10,000, except that the deductible amount for a petroleum product storage system that is owned by a school district or a technical college district and that is used for storing heating oil for consumptive use on the premises where stored is 25% of eligible costs and except that the deductible for a petroleum product storage system that is described in par. (ei) 1. is $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence without regard to when the eligible costs are incurred.

27,3680s Section 3680s. 101.143 (4) (e) 2m. of the statutes is amended to read:

101.143 (4) (e) 2m. An award issued under this paragraph may not exceed $195,000 for eligible costs incurred before July 1, 1993, or $190,000 for eligible costs incurred on or after July 1, 1993, $190,000 for each occurrence, except that an award under this paragraph to a school district or a technical college district with respect to a discharge from a petroleum product storage system that is used for storing heating oil for consumptive use on the premises where stored is $190,000 for each occurrence, without regard to when the eligible costs are incurred, and except that an award under this paragraph to the owner or operator of a petroleum product storage system described in par. (ei) 1. may not exceed $100,000 per occurrence.

27,3680t Section 3680t. 101.143 (4) (e) 3. of the statutes is amended to read:

101.143 (4) (e) 3. The department may not issue awards under this paragraph to an owner or operator for eligible costs incurred in one program year that total more than $195,000 for eligible costs incurred before July 1, 1993, or $190,000, for eligible costs incurred on or after July 1, 1993 $190,000.

27,3682 Section 3682 . 101.143 (4) (ei) 1. b. of the statutes is amended to read:

101.143 (4) (ei) 1. b. The owner or operator of the farm tank has received a letter or notice from the department of development 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.

27,3683 Section 3683 . 101.143 (4) (es) 1. of the statutes is amended to read:

101.143 (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 industry, labor and human relations development or the department of natural resources and no discharge or contamination is found.

27,3683g Section 3683g. 101.143 (4e) of the statutes is created to read:

101.143 (4e) Payments to lenders. (a) Notwithstanding sub. (4) (g), when the department denies a claim under sub. (3) because of fraud, gross negligence or wilful misconduct on the part of an owner or operator, the department shall pay, to a person who loaned money to the owner or operator for the purpose of conducting activities under sub. (3) (c), an amount equal to the amount that would have been paid under sub. (4) for otherwise eligible expenses actually incurred, but not more than the amount specified under par. (b), if all of the following conditions are satisfied:

1. The lender assigns to the department an interest in the collateral pledged by the owner or operator for the sole purpose of securing the loan that was made to finance the activities under sub. (3) (c). If the amount of the payment under this subsection is less than the amount of the loan, the lender shall assign to the department that fraction of the lender's interest in the collateral that equals the ratio of the amount of the payment under this subsection to the amount of the loan.

2. For a loan that is made after the effective date of this subdivision .... [revisor inserts date], before the lender made any disbursement of the loan the department provided a letter indicating its preliminary determination that the owner or operator was eligible for an award under sub. (4).

3. For a loan that is made after the effective date of this subdivision .... [revisor inserts date], claims for payment under sub. (3) are made after completion of the site investigation and remedial action plan, after completion of the remedial action and annually for any continuing maintenance, monitoring and operation costs.

(b) Payment under this section may not exceed the amount of the loan. If the loan is made after the effective date of this paragraph .... [revisor inserts date], payment under this section may not exceed the amount of the loan disbursements made before the department notifies the lender that the claim may be denied.

(c) Assignment of an interest in collateral to the department under par. (a) 1. does not deprive a lender of its right to any cause of action arising out of the loan documents.

(d) Any payments made by the department under this subsection constitute a lien upon the property on which the remedial action is conducted if the department records the lien with the register of deeds in the county in which the property is located.

27,3683m Section 3683m. 101.143 (5) (a) of the statutes is amended to read:

101.143 (5) (a) Right of action. A right of action under this section shall accrue to the state against an owner, operator or other person only if the owner, operator or other person submits a fraudulent claim or does not meet the requirements under this section and if an award is issued under this section to the owner, operator or other person for eligible costs under this section or if payment is made to a lender under sub. (4e).

27,3685 Section 3685 . 101.144 of the statutes is created to read:

101.144 Petroleum storage tank discharges. (1) In this section:

(a) “Discharge" has the meaning given in s. 144.76 (1) (a).

(am) “Hazardous substance" has the meaning given in s. 144.01 (4m).

(b) “Petroleum product" has the meaning given in s. 101.143 (1) (f).

(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.

(c) The food stamp employment and training program under 7 USC 2015 (d) (4) and s. 49.124.

(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).