Wisconsin Legislature: 20,1608

Section 1593L. 94.73 (9) of the statutes is repealed.

Section 1593v. 98.04 (2) of the statutes is amended to read:

98.04 (2) A municipality that is required to establish a department of weights and measures under sub. (1) may contract with the department of agriculture, trade, and consumer protection to enforce the provisions of this chapter within the municipality's jurisdiction instead of establishing its own department if the department of agriculture, trade and consumer protection agrees to enter into such a contract. The department of agriculture, trade and consumer protection may charge the municipality fees sufficient to cover the department's costs under the contract. A municipality may recover an amount not to exceed the cost of these fees by assessing fees on the persons who receive services under the weights and measures program. A municipality that is required to establish a department of weights and measures under sub. (1) may contract with a private weights and measures service provider licensed under s. 98.18 to enforce the provisions of this chapter within the municipality's jurisdiction instead of establishing its own department. A municipality may recover an amount not to exceed the cost it incurs under a contract with a private weights and measures service provider by assessing fees on the persons who receive services under the weights and measures program.

Section 1594. 98.246 (1) of the statutes is amended to read:

98.246 (1) In this section, "petroleum products" has the meaning given under s. 168.03 168.01 (3).

Section 1594g. 100.209 (2) (e) 1. of the statutes is repealed.

Section 1594r. 100.209 (2) (e) 2. of the statutes is renumbered 100.209 (2) (e) and amended to read:

100.209 (2) (e) If a multichannel video provider intends to disconnect a subscriber's video programming service, or a portion of that service, the multichannel video provider shall give the subscriber at least 10 days' advance written notice of the disconnection. A multichannel video provider is not required to give the notice under this subdivision paragraph if the disconnection is requested by the subscriber, is necessary to prevent theft of video programming service or is necessary to reduce or prevent signal leakage, as described in 47 CFR 76.611.

Section 1595. 101.02 (18m) of the statutes is renumbered 93.06 (1pm) and amended to read:

93.06 (1pm) Testing of petroleum products. The department may perform, or contract for the performance of, testing of petroleum products other than testing provided under ch. 168. The department may establish a schedule of fees for such petroleum product testing services. The department shall credit all revenues received from fees established under this subsection to the appropriation account under s. 20.165 (2) (ga) 20.115 (1) (gc). Revenues from fees established under this subsection may be used by the department to pay for testing costs, including laboratory supplies and equipment amortization, for such products.

Section 1597. 101.02 (20) (a) of the statutes is amended to read:

101.02 (20) (a) For purposes of this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 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, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.

Section 1598. 101.02 (21) (a) of the statutes is amended to read:

101.02 (21) (a) In this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 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, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.

Section 1599. 101.02 (24) (a) 2. of the statutes is amended to read:

101.02 (24) (a) 2. "License" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.09 (3) (c), 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, 101.654, 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, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.

Section 1599n. 101.055 (2) (a) of the statutes is amended to read:

101.055 (2) (a) "Agency" means an office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, and includes the legislature and the courts, but excludes the Health Insurance Risk-Sharing Plan Authority.

Section 1599p. 101.055 (3) (a) of the statutes is amended to read:

101.055 (3) (a) The department shall adopt, by administrative rule, standards to protect the safety and health of public employees. The standards shall provide protection at least equal to that provided to private sector employees under standards promulgated by the federal occupational safety and health administration, but no rule may be adopted by the department which defines a substance as a "toxic substance" solely because it is listed in the latest printed edition of the national institute for occupational safety and health registry of toxic effects of chemical substances. The department shall revise the safety and health standards adopted for public employees as necessary to provide protection at least equal to that provided to private sector employees under federal occupational safety and health administration standards, except as otherwise provided in this paragraph. Notwithstanding ss. 35.93 and 227.21, if the standards adopted by the department are identical to regulations adopted by a federal agency, the standards need not be duplicated published in full in the Wisconsin administrative code and register as provided in ss. 35.93 and 227.21 if the identical federal regulations are made available to the public at a reasonable cost, and promulgated in accordance with ch. 227, except s. 227.21, and distributed in accordance with s. 35.84. The department may provide to the legislative reference bureau one or more Web addresses to provide electronic access to any standards adopted under this paragraph for publication in conjunction with the publication of the Wisconsin administrative code and register under s. 35.93.

Section 1600. 101.09 (title) of the statutes is repealed.

Section 1601. 101.09 (1) (intro.) of the statutes is renumbered 168.21 (intro.) and amended to read:

168.21 Definitions. (intro.) In this section subchapter:

Section 1602. 101.09 (1) (a) of the statutes is renumbered 168.21 (1).

Section 1603. 101.09 (1) (am) of the statutes is renumbered 168.21 (3).

Section 1604. 101.09 (1) (b) of the statutes is renumbered 168.21 (4).

Section 1605. 101.09 (1) (c) of the statutes is renumbered 168.21 (5).

Section 1606. 101.09 (1) (cm) of the statutes is renumbered 168.21 (6).

Section 1607. 101.09 (1) (d) of the statutes is renumbered 168.21 (7).

Section 1608. 101.09 (2) (title) of the statutes is renumbered 168.22 (title).

Section 1609. 101.09 (2) (a) of the statutes is renumbered 168.22 (1) and amended to read:

168.22 (1) Except as provided under pars. (b) to (d) subs. (2) to (5), every person who constructs, owns or controls a tank for the storage, handling or use of liquid that is flammable or combustible or a federally regulated hazardous substance shall comply with the standards adopted under sub. (3) s. 168.23.

Section 1610. 101.09 (2) (b) of the statutes is renumbered 168.22 (2) and amended to read:

168.22 (2) This section subchapter does not apply to storage tanks which require a hazardous waste license under s. 291.25.

Section 1611. 101.09 (2) (c) of the statutes is renumbered 168.22 (3) and amended to read:

168.22 (3) This section subchapter does not apply to storage tanks which are installed above ground level and which are less than 5,000 gallons in capacity.

Section 1612. 101.09 (2) (cm) (intro.) of the statutes is renumbered 168.22 (4) (intro.) and amended to read:

168.22 (4) (intro.) Any rules promulgated under sub. (3) s. 168.23 requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance do not apply to storage tanks that satisfy all of the following:

Section 1613. 101.09 (2) (cm) 1. to 3. of the statutes are renumbered 168.22 (4) (a) to (c).

Section 1614. 101.09 (2) (d) of the statutes is renumbered 168.22 (5) and amended to read:

168.22 (5) This section subchapter does not apply to a pressurized natural gas pipeline system regulated under 49 CFR 192 and 193.

Section 1615. 101.09 (3) (title) of the statutes is renumbered 168.23 (title).

Section 1616. 101.09 (3) (a) of the statutes is renumbered 168.23 (1).

Section 1617. 101.09 (3) (b) of the statutes is renumbered 168.23 (2) and amended to read:

168.23 (2) The department may transfer any information which the department receives under par. (a) sub. (1) to any other agency or governmental unit. The department and any such agency shall treat the name of the owner and the location of any noncommercial storage tank which stores heating oil for consumptive use on the premises, required to be submitted to the department under par. (a) sub. (1), as confidential and shall not permit inspection or copying under s. 19.35 of any record containing the information.

Section 1618. 101.09 (3) (c) of the statutes is renumbered 168.23 (3) and amended to read:

168.23 (3) The rule promulgated under par. (a) sub. (1) may require the certification or registration of persons who install, remove, clean, line, perform tightness testing on and inspect tanks and persons who perform site assessments. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration. The department may not require an individual who is eligible for the veterans fee waiver program under s. 45.44 to pay any fee that may be charged pursuant to such a rule.

Section 1619. 101.09 (3) (d) of the statutes is renumbered 168.23 (4) and amended to read:

168.23 (4) 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) sub. (3).

Section 1620. 101.09 (3m) (title) of the statutes is renumbered 168.24 (title).

Section 1621. 101.09 (3m) (a) of the statutes is renumbered 168.24 (1) and amended to read:

168.24 (1) In this subsection section, "hazardous substance" means a combustible liquid, a flammable liquid, or a federally regulated hazardous substance.

Section 1622. 101.09 (3m) (b) of the statutes is renumbered 168.24 (2) and amended to read:

168.24 (2) The department may not impose any requirement that specifies that pipe connections at the top of a storage tank and beneath all freestanding pumps and dispensers that routinely contain a hazardous substance be placed within secondary containment sumps, if the pipe connections were installed or in place on or before February 1, 2009. This subsection section does not apply after December 31, 2020.

Section 1623. 101.09 (4) (title) of the statutes is renumbered 168.25 (title).

Section 1624. 101.09 (4) (a) of the statutes is renumbered 168.25 (1) and amended to read:

168.25 (1) The department shall enforce this section subchapter.

Section 1625. 101.09 (4) (b) of the statutes is renumbered 168.25 (2) and amended to read:

168.25 (2) The department shall issue orders directing and requiring compliance with the rules and standards of the department adopted under this section subchapter whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated.

Section 1626. 101.09 (4) (c) of the statutes is renumbered 168.25 (3).

Section 1627. 101.09 (5) of the statutes is renumbered 168.26 and amended to read:

168.26 Penalties. Any person who violates this section subchapter or any rule or order adopted under this section subchapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each violation of this section subchapter or any rule or order under this section subchapter constitutes a separate offense and each day of continued violation is a separate offense.

Section 1628. 101.1206 (1) of the statutes is amended to read:

101.1206 (1) The department shall establish statewide standards for erosion control at building sites that have a land disturbance that is less than one acre in area and that are for the construction of public buildings, as defined in s. 101.01 (12), and buildings that are places of employment, as defined in s. 101.01 (11).

Section 1629. 101.14 (5) (a) of the statutes is renumbered 168.23 (5) (a) and amended to read:

168.23 (5) (a) Subject to par. (b), in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 101.09 (1) (am) 168.21 (3), the department shall collect a groundwater fee of $100 for each plan review submittal. The moneys collected under this subsection shall be credited to the environmental fund for environmental management.

Section 1630. 101.14 (5) (b) of the statutes is renumbered 168.23 (5) (b) and amended to read:

168.23 (5) (b) Notwithstanding par. (a), an installation for the storage, handling or use of a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 101.09 (1) (am) 168.21 (3), that has a capacity of less than 1,000 gallons is not subject to the groundwater fee under par. (a).

Section 1631. 101.142 (title) and (1) (intro.) of the statutes are renumbered 168.28 (title) and (1) (intro.).

Section 1632. 101.142 (1) (a) of the statutes is renumbered 168.28 (1) (a) and amended to read:

168.28 (1) (a) "Petroleum Notwithstanding s. 168.01 (3), "petroleum product" means materials derived from petroleum, natural gas, or asphalt deposits and includes gasoline, diesel and heating fuels, liquefied petroleum gases, lubricants, waxes, greases, and petrochemicals.

Section 1633. 101.142 (1) (b) and (2) of the statutes are renumbered 168.28 (1) (b) and (2).

Section 1634. 101.143 (title) and (1) (intro.) and (ad) of the statutes are renumbered 292.63 (title) and (1) (intro.) and (ad).

Section 1635. 101.143 (1) (am) of the statutes is repealed.

Section 1636. 101.143 (1) (b) of the statutes is repealed.

Section 1637. 101.143 (1) (bm) to (i) of the statutes are renumbered 292.63 (1) (bm) to (i).

Section 1638. 101.143 (1m) of the statutes is renumbered 292.63 (1m).

Section 1639. 101.143 (2) (title) and (b) and (c) of the statutes are renumbered 292.63 (2) (title) and (b) and (c).

Section 1640. 101.143 (2) (d) of the statutes is renumbered 292.63 (2) (d) and amended to read:

292.63 (2) (d) The department shall reserve a portion, not to exceed 20%, of the amount annually appropriated under s. 20.165 (2) (v) 20.370 (6) (fr) for awards under this section to be used to fund emergency remedial action and claims that exceed the amount initially anticipated.

Section 1641. 101.143 (2) (e) to (g) of the statutes are renumbered 292.63 (2) (e) to (g).

Section 1642. 101.143 (2) (h) of the statutes is renumbered 292.63 (2) (h), and 292.63 (2) (h) (intro.) and 3., as renumbered, are amended to read:

292.63 (2) (h) (intro.) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:

3. Review procedures that must be followed by employees of the department of natural resources and the department of commerce in reviewing the information submitted under subd. 1.

Section 1643. 101.143 (2) (i) of the statutes is renumbered 292.63 (2) (i), and 292.63 (2) (i) (intro.) and 1., as renumbered, are amended to read:

292.63 (2) (i) (intro.) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employees of the department of safety and professional services and the department of natural resources while remedial actions are being conducted. The departments department shall specify procedures that include all of the following:

1. Annual reviews that include application of the method in the rules promulgated under sub. (2e) (b) (a) to determine the risk posed by discharges that are the subject of the remedial actions.

Section 1644. 101.143 (2) (j) of the statutes is renumbered 292.63 (2) (j), and 292.63 (2) (j) (intro.) and 1., as renumbered, are amended to read:

292.63 (2) (j) (intro.) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying all of the following: