16,2447db
Section 2447db. 101.01 (12) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
101.01 (12) "Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show, the initial construction of which was begun on or after August 1, 2000, or a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s. 50.01 (1).
16,2447x
Section 2447x. 101.02 (15) (a) of the statutes is amended to read:
101.02 (15) (a) The department has such supervision of every employment, place of employment and public building in this state as is necessary adequately to enforce and administer all laws and all lawful orders requiring such employment, place of employment or public building to be safe, and requiring the protection of the life, health, safety and welfare of every employe in such employment or place of employment and every frequenter of such place of employment, and the safety of the public or tenants in any such public building. This Except for the purposes of enforcing and administering s. 101.22, this paragraph does not apply to occupational safety and health issues covered by standards established and enforced by the federal occupational safety and health administration.
16,2449
Section 2449. 101.09 (3) (d) of the statutes is created to read:
101.09 (3) (d) The department shall promulgate a rule specifying fees for plan review and inspection of tanks for the storage, handling, or use of flammable or combustible liquids and for any certification or registration required under par. (c).
101.10 (2) Rules. The department shall promulgate rules that prescribe reasonable standards relating to the safe storage and handling of anhydrous ammonia. The rules shall prescribe standards for the design, construction, repair, alteration, location, installation, inspection, and operation of anhydrous ammonia equipment. The Except as otherwise provided in this subsection, the rules promulgated under this subsection do not apply to ammonia manufacturing plants, refrigeration plants where ammonia is used solely as a refrigerant, facilities where ammonia is
used in pollution control devices or is manufactured, electric generating or cogenerating facilities where ammonia is used as a refrigerant, and ammonia transportation pipelines. If ammonia is used on the premises of a facility or plant described under this subsection for a purpose or in a manner that is not related to the applicable exemption from the rules promulgated under this subsection, the exemption does not apply to that use.
16,2449f
Section 2449f. 101.123 (title) of the statutes is repealed and recreated to read:
101.123 (title) Smoking prohibited.
16,2449h
Section 2449h. 101.123 (1) (i) of the statutes is amended to read:
101.123 (1) (i) "State institution" means a prison, a secured correctional facility, a mental health institute as defined in s. 51.01 (12) or a center for the developmentally disabled as defined in s. 51.01 (3), except that "state institution" does not include a Type 2 secured correctional facility, as defined in s. 938.02 (20).
16,2449j
Section 2449j. 101.123 (1) (j) of the statutes is created to read:
101.123 (1) (j) "Type 1 secured correctional facility" has the meaning given in s. 938.02 (19).
16,2449L
Section 2449L. 101.123 (2) (br) of the statutes is created to read:
101.123 (2) (br) Notwithstanding par. (a) and sub. (3), no person may smoke in any enclosed, indoor area of a Type 1 secured correctional facility or on the grounds of a Type 1 secured correctional facility.
16,2449n
Section 2449n. 101.123 (4) (a) 2. of the statutes is amended to read:
101.123 (4) (a) 2. A person in charge or his or her agent may not designate an entire building as a smoking area or designate any smoking areas in the state capitol building, in the immediate vicinity of the state capitol, in a Type 1 secured correctional facility, on the grounds of a Type 1 secured correctional facility, in a motor bus, hospital or physician's office or on the premises, indoors or outdoors, of a day care center when children who are receiving day care services are present, except that in a hospital or a unit of a hospital that has as its primary purpose the care and treatment of mental illness, alcoholism or drug abuse a person in charge or his or her agent may designate one or more enclosed rooms with outside ventilation as smoking areas for the use of adult patients who have the written permission of a physician. Subject to this subdivision and sub. (3) (b), a person in charge or his or her agent may not designate an entire room as a smoking area.
16,2449p
Section 2449p. 101.123 (4) (am) 3. of the statutes is amended to read:
101.123 (4) (am) 3. Except in a prison, secured correctional facility, jail, or lockup facility, an entire building may not be designated as a smoking area.
16,2449r
Section 2449r. 101.123 (4) (bm) of the statutes is amended to read:
101.123 (4) (bm) The person in charge of a state institution, jail or lockup facility, or his or her agent, shall post notice of the designation of a smoking area under par. (am) in or near the area designated. If an entire room is designated a smoking area, the person in charge or his or her agent shall post notice of the designation conspicuously on or near all normally used entrances to the room. If an entire building in a prison, secured correctional facility, jail, or lockup facility is designated a smoking area, the person in charge, or his or her agent, shall post notice of the designation on or near all normally used entrances to the building, but need not post notice of the designation on or near entrances to rooms within the building.
16,2449t
Section 2449t. 101.123 (8) (a) of the statutes is amended to read:
101.123 (8) (a) Any person who wilfully violates sub. (2) (a), (am) 1. or, (bm), or (br) after being advised by an employee of the facility that smoking in the area is prohibited or any person in charge or his or her agent who wilfully fails to comply with sub. (5) shall forfeit not more than $10.
16,2464f
Section 2464f. 101.143 (1) (e) 3. of the statutes is created to read:
101.143 (1) (e) 3. A person who formerly owned a farm tank and who satisfies the criteria in sub. (4) (ei) 1m. b.
16,2468p
Section 2468p. 101.143 (4) (a) 2. of the statutes is renumbered 101.143 (4) (a) 2. (intro.) and amended to read:
101.143 (4) (a) 2. (intro.) The department may not issue an award before all eligible costs have been incurred and written approval is received under sub. (3) (c) 4., unless except as follows:
a. The department may issue an award before all eligible costs have been incurred and written approval is received under sub. (3) (c) 4. if the department determines that the delay in issuing the award would cause a financial hardship to the owner or operator or the person.
16,2468r
Section 2468r. 101.143 (4) (a) 2. b. of the statutes is created to read:
101.143 (4) (a) 2. b. The department shall issue an award if the owner or operator or the person has incurred at least $50,000 in unreimbursed eligible costs and has not submitted a claim during the preceding 12 months.
16,2469
Section 2469. 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. 20.143 (3) (v) as awards for petroleum product storage systems described in par. (ei) 1.
16,2470
Section 2470. 101.143 (4) (b) (intro.) of the statutes is amended to read:
101.143 (4) (b) Eligible costs. (intro.) Except as provided in par. (c) or (cc), eligible costs for an award under par. (a) include actual costs or, if the department establishes a usual and customary cost under par. (cm) for an item, usual and customary costs for the following items:
16,2470p
Section 2470p. 101.143 (4) (c) 8. (intro.) and a. of the statutes are consolidated, renumbered 101.143 (4) (c) 8. and amended to read:
101.143 (4) (c) 8. Interest costs incurred by an applicant that exceed interest at the following rate: a. If the applicant has gross revenues of not more than $25,000,000 in the most recent tax year before the applicant submits a claim, 1% under the prime rate.
16,2470r
Section 2470r. 101.143 (4) (c) 8. d. of the statutes is repealed.
16,2471
Section 2471. 101.143 (4) (cc) of the statutes is created to read:
101.143 (4) (cc) Ineligibility for interest reimbursement. 1. a. Except as provided in subd. 1m. or 2., if an applicant's final claim is submitted more than 120 days after receiving written notification that no further remedial action is necessary with respect to the discharge, interest costs incurred by the applicant after the 60th day after receiving that notification are not eligible costs.
c. Except as provided in subd. 2., if an applicant does not complete the investigation of the petroleum product discharge by the first day of the 61st month after the month in which the applicant notified the department under sub. (3) (a) 3. or the first day of the 25th month beginning after the effective date of subd. 1. a., whichever is later, interest costs incurred by the applicant after the later of those days are not eligible costs.
1m. If an applicant received written notification that no further remedial action is necessary with respect to a discharge before the effective date of this subdivision .... [revisor inserts date], and the applicant's final claim is submitted more than 120 days after the effective date of this subdivision .... [revisor inserts date], interest costs incurred by the applicant after the 120th day after the effective date of this subdivision .... [revisor inserts date], are not eligible costs.
2. Subdivision 1. does not apply to any of the following:
a. An applicant that is a local unit of government, if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.
b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 560.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.
16,2472
Section 2472. 101.143 (4) (d) 2. c. of the statutes is amended to read:
101.143 (4) (d) 2. c. For an owner or operator of a petroleum product storage system described in par. (ei) 1., $100,000.
16,2473
Section 2473. 101.143 (4) (dm) 2. c. of the statutes is amended to read:
101.143 (4) (dm) 2. c. For the owner or operator of a petroleum product storage system that is described in par. (ei) 1., $2,500 plus 5% of eligible costs per occurrence.
16,2474
Section 2474. 101.143 (4) (dm) 3. c. of the statutes is amended to read:
101.143 (4) (dm) 3. c. For an owner or operator of a petroleum product storage system described in par. (ei) 1., $100,000.
16,2475
Section 2475. 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 $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.
16,2476
Section 2476. 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 $190,000 for each occurrence, 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.
16,2477
Section 2477. 101.143 (4) (ei) 1. (intro.) of the statutes is renumbered 101.143 (4) (ei) (intro.).
16,2478
Section 2478. 101.143 (4) (ei) 1. a. of the statutes is renumbered 101.143 (4) (ei) 1m. a. and amended to read:
101.143
(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 (1), 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.
16,2479
Section 2479. 101.143 (4) (ei) 1. b. of the statutes is renumbered 101.143 (4) (ei) 2m.
16,2480
Section 2480. 101.143 (4) (ei) 1m. (intro.) of the statutes is created to read:
101.143 (4) (ei) 1m. (intro.) One of the following conditions is satisfied:
16,2481b
Section 2481b. 101.143 (4) (ei) 1m. b. of the statutes is created to read:
101.143
(4) (ei) 1m. 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 (1), 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.
16,2482
Section 2482. 101.143 (4) (ei) 2. of the statutes is renumbered 101.143 (4) (a) 5m. and amended to read:
101.143 (4) (a) 5m. The department shall review claims related to discharges from farm tanks described in subd. 1. par. (ei) as soon as the claims are received. The department shall issue an award for an eligible discharge from a farm tank described in subd. 1. par. (ei) as soon as it completes the review of the claim.
16,2483k
Section 2483k. 101.143 (6s) of the statutes is amended to read:
101.143 (6s) Arbitration. Upon the request of a person who files an appeal of a decision of the department under this section, if the amount at issue is $20,000 $100,000 or less, the appeal shall be heard by one or more individuals designated by the department to serve as arbitrator under rules promulgated for this purpose by the department. In such an arbitration, the arbitrator shall render a decision at the conclusion of the hearing, or within 5 business days after the conclusion of the hearing if the arbitrator determines that additional time is needed to review materials submitted during the hearing, affirming, modifying or rejecting the decision of the department. The arbitrator shall promptly file his or her decision with the department. The decision of the arbitrator is final and shall stand as the decision of the department. An arbitrator's decision may not be cited as precedent in any other proceeding before the department or before any court. A decision under this subsection is subject to review under ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption, fraud or undue means. The record of a proceeding under this subsection shall be transcribed as provided in s. 227.44 (8).
16,2485
Section 2485. 101.143 (9m) (g) 2. of the statutes is amended to read:
101.143 (9m) (g) 2. Revenue obligations issued under this subsection may not exceed $270,000,000 $342,000,000 in principal amount, excluding any obligations that have been defeased under a cash optimization program administered by the building commission. In addition to this limit on principal amount, the building commission may contract revenue obligations under this subsection as the building commission determines is desirable to fund or refund outstanding revenue obligations, to pay issuance or administrative expenses, to make deposits to reserve funds, or to pay accrued or capitalized interest.
16,2490
Section 2490. 101.19 (1) (b) of the statutes is amended to read:
101.19 (1) (b) The required inspection of boilers, pressure vessels, refrigeration plants, petroleum and liquefied petroleum gas vessels, anhydrous ammonia tanks and containers, elevators, ski towing and lift devices, escalators, dumbwaiters, and amusement or thrill rides but not of amusement attractions.
16,2490b
Section 2490b. 101.19 (1) (ig) of the statutes is created to read:
101.19 (1) (ig) Authorizing crane operator certification programs under s. 101.22 (2).
16,2490f
Section 2490f. 101.22 of the statutes is created to read:
101.22 Crane operators. (1) Definition. In this section, "crane" means a power-operated hoisting machine that is used in construction, demolition, or excavation work, that has a power-operated winch and load line, and that has a power-operated boom that moves laterally by the rotation of the machine on a carrier. "Crane" does not include a forklift, a digger derrick truck, a bucket truck, a boom truck used for sign erection, or a machine with a movable bridge carrying a movable or fixed hoisting mechanism and traveling on an overhead, fixed, runway structure.
(2) Certification. (a) Certification required. Except as provided in sub. (5), no individual may operate a crane with a lifting capacity of 15 tons or more in this state without a valid crane operator certificate, received from a crane operator certification program authorized by the department under sub. (3).
(b) Employer liability. No employer may permit an employee to perform work in violation of par. (a).
(c) Contractor and subcontractor liability. No person who is under a contract to construct an improvement to land may permit an agent of the person, or an independent contractor under contract with the person, to perform work on the improvement in violation of par. (a).
(3) Certification programs. (a)
Generally. Except as provided in sub. (4), the department shall administer a program under which the department authorizes crane operator certification programs to grant certificates that satisfy sub. (2) (a).
(b) Required components of certification programs. The department may authorize a crane operator certification program only if all of the following are satisfied:
1. The program requires an individual who is applying for a certificate to satisfactorily complete a written examination regarding safe crane operation.
2. The program requires an individual who is applying for a certificate to meet physical standards necessary for safe crane operation, consistent with any national standard that the department determines is appropriate.
3. The program requires an individual who is applying for a certificate to satisfactorily complete a practical examination regarding safe crane operation, unless the individual is applying for recertification and provides sufficient evidence that the individual has safely completed at least 1,000 hours of crane operation during the 5-year period before the date of the application for recertification.
4. The program is consistent with any applicable certification and recertification requirements established by the federal occupational safety and health administration and, to the extent feasible, the National Commission for the Certification of Crane Operators.
5. The program issues a crane operator certificate that has a term of 5 years.
(c) Rules. The department shall promulgate rules to administer the program established under par. (a).
(d) List. The department shall maintain a list of crane operator certification programs authorized by the department.
(4) Federal approval. The department shall submit to the federal secretary of labor a plan for the certification of crane operators under this section, if required to do so under
29 USC 667 (b), and shall request the federal secretary of labor to approve the plan. The plan submitted by the department shall be consistent with all of the provisions of this section. If no approval is required under
29 USC 667 (b) or if an approval that is consistent with all of the provisions of this section is granted and in effect, the department shall implement the program under this section. If approval is required under
29 USC 667 (b), the department may not implement the program under this section unless an approval that is consistent with all of the provisions of this section is granted and in effect.
(5) Exceptions. (a)
Lack of federal approval. Subsection (2) (a) does not apply if approval of the department's plan for the certification of crane operators is required under
29 USC 667 (b) but is not granted and in effect.
