Amendment ASA-AB150

AB150-ASA,1482,23 144.76 (7) (c) The Subject to ss. 94.73 (2m) and 101.144 (3), the department, for the protection of public health, safety or welfare, may issue an emergency order or a special order to the person possessing, controlling or responsible for the discharge of hazardous substances to fulfill the duty imposed by sub. (3).

AB150-ASA, s. 4331g Section 4331g. 144.77 (6) (a) of the statutes is amended to read:

AB150-ASA,1483,5 144.77 (6) (a) The department may utilize moneys appropriated under s. 20.370 (2) (dv), (fq) and (my) in taking action under sub. (3). The department shall utilize these moneys to provide for the procurement, maintenance and storage of necessary equipment and supplies, personnel training and expenses incurred in locating, identifying, removing and disposing of abandoned containers.

AB150-ASA, s. 4331h Section 4331h. 144.77 (6) (b) of the statutes is amended to read:

AB150-ASA,1483,9 144.77 (6) (b) No more than 25% of the total of all moneys available under the appropriation under s. 20.370 (2) (dv), (fq) and (my) may be used annually for the procurement and maintenance of necessary equipment during that fiscal year.

AB150-ASA, s. 4331i Section 4331i. 144.77 (6) (c) of the statutes is amended to read:

AB150-ASA,1483,14 144.77 (6) (c) The department is entitled to recover moneys expended under this section from any person who caused the containers to be abandoned or is responsible for the containers. The funds recovered under this paragraph shall be deposited into the environmental fund for environmental repair.

AB150-ASA, s. 4332 Section 4332. 144.82 of the statutes is amended to read:

AB150-ASA,1484,2 144.82 Mine effect responsibility. The department shall serve as the central unit of state government to ensure that the air, lands, waters, plants, fish and wildlife affected by prospecting or mining in this state will receive the greatest practicable degree of protection and reclamation. The administration of occupational health and safety laws and rules that apply to mining shall remain exclusively the responsibility of the department of industry, labor and human relations development. The powers and duties of the geological and natural history survey under s. 36.25 (6) shall remain exclusively the responsibility of the geological and natural history survey. Nothing in this section prevents the department of industry, labor and human relations development and the geological and natural history survey from cooperating with the department in the exercise of their respective powers and duties.

AB150-ASA, s. 4333 Section 4333. 144.833 (3) of the statutes is amended to read:

AB150-ASA,1484,13 144.833 (3) Approval required prior to drilling. No person may engage in radioactive waste site exploration by drilling on a parcel unless notice is provided as required under sub. (2) and s. 144.832 (4) (a) and unless the department issues a written approval authorizing drilling on that parcel. If the person seeking this approval is the federal department of energy or an agent or employe of the federal department of energy, the department may not issue the approval unless the radioactive waste review board public service commission certifies that the federal department of energy and its agents or employes have complied with any requirement imposed by the radioactive waste review board public service commission under s. 36.50 196.497 or any agreement entered into under that section.

AB150-ASA, s. 4334 Section 4334. 144.833 (7) of the statutes is amended to read:

AB150-ASA,1484,18 144.833 (7) (title) Impact on radioactive waste review board public service commission. Nothing in this section limits the power or authority of the radioactive waste review board public service commission to impose more stringent requirements for the negotiation and approval of agreements under s. 36.50 196.497.

AB150-ASA, s. 4335 Section 4335. 144.85 (5) (a) 1. (intro.) of the statutes is amended to read:

AB150-ASA,1484,22 144.85 (5) (a) 1. (intro.) Except with respect to property specified in s. 16.21 41.41 (11), within 90 days of the completion of the public hearing record, the department shall issue the mining permit if it finds:

AB150-ASA, s. 4336L Section 4336L. 144.95 (2) (a) of the statutes is amended to read:

AB150-ASA,1485,5 144.95 (2) (a) The department shall submit to the department of health and social services agriculture, trade and consumer protection and to the state laboratory of hygiene any rules proposed under this section that affect the laboratory certification program under s. 252.22 93.12 (5), for review and comment. These rules may not take effect unless they are approved by the department of health and social services agriculture, trade and consumer protection within 6 months after submission.

AB150-ASA, s. 4336m Section 4336m. 144.95 (2) (b) of the statutes is amended to read:

AB150-ASA,1485,13 144.95 (2) (b) The department shall enter into a memorandum of understanding with the department of health and social services agriculture, trade and consumer protection setting forth the responsibilities of each department in administering the laboratory certification programs under s. 252.22 93.12 (5) and this section. The memorandum of understanding shall include measures to be taken by each department to avoid duplication of application and compliance procedures for laboratory certification.

AB150-ASA, s. 4336n Section 4336n. 144.95 (5) (a) of the statutes is amended to read:

AB150-ASA,1485,20 144.95 (5) (a) (title) Laboratories certified by the department of health and social services agriculture, trade and consumer protection. The department shall recognize the certification of a laboratory by the department of health and social services agriculture, trade and consumer protection under s. 252.22 93.12 and shall accept the results of any test conducted by a laboratory certified to conduct that category of test under that section.

AB150-ASA, s. 4337 Section 4337. 144.955 (1) (a) of the statutes is repealed.

AB150-ASA, s. 4339 Section 4339. 144.955 (1) (bm) of the statutes is created to read:

AB150-ASA,1485,24 144.955 (1) (bm) "Council" means the hazardous pollution prevention council under s. 15.157 (5).

AB150-ASA, s. 4343 Section 4343. 144.955 (1m) (intro.) of the statutes is amended to read:

AB150-ASA,1486,4 144.955 (1m) Promotion of hazardous pollution prevention. (intro.) In carrying out the duties under ss. 36.25 (30) and 560.19 and this section, the department, the department of development, the board council and the program shall promote all of the following techniques for hazardous pollution prevention:

AB150-ASA, s. 4345 Section 4345. 144.955 (2) (a) 1. of the statutes is repealed.

AB150-ASA, s. 4347 Section 4347. 144.955 (2) (b) of the statutes is amended to read:

AB150-ASA,1486,11 144.955 (2) (b) Identify all department requirements for reporting on hazardous pollution prevention and, to the extent possible and practical, standardize, coordinate and consolidate the reporting in order to minimize duplication and provide useful information on hazardous pollution prevention to the board council, the legislature and the public.

AB150-ASA, s. 4348 Section 4348. 144.955 (2) (e) of the statutes is amended to read:

AB150-ASA,1486,14 144.955 (2) (e) Assist the board council in preparing the report under sub. (3) (f) s. 560.19 (4) (d).

AB150-ASA, s. 4349 Section 4349. 144.955 (3) of the statutes is repealed.

AB150-ASA, s. 4350 Section 4350. 144.968 of the statutes is created to read:

AB150-ASA,1486,22 144.968 Cooperative remedial action. (1) In this section, "costs of remedying environmental contamination" means costs determined by the department to be necessary to reduce or eliminate environmental contamination and restore the environment, including costs of investigation and of providing public information and education related to reducing or eliminating environmental contamination and restoring the environment.

AB150-ASA,1487,2 (2) The department may seek and receive voluntary contributions of funds from a municipality or any other public or private source for all or part of the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort, by the department and the person providing the funds, to remedy that environmental contamination.

AB150-ASA,1487,5 (2m) Any person engaged in a cooperative effort with the department that is described in sub. (2) may seek and receive voluntary contributions of funds on behalf of the effort.

AB150-ASA,1487,7 (3) Provision of funding under sub. (2) or (2m) is not evidence of liability or an admission of liability for any environmental contamination.

AB150-ASA,1487,10 (4) In carrying out its regulatory and enforcement duties, the department may not base its treatment of a person on whether the person did or did not provide funding under sub. (2).

AB150-ASA, s. 4351 Section 4351. 144.98 of the statutes is amended to read:

AB150-ASA,1488,2 144.98 Enforcement; duty of department of justice; expenses. The attorney general shall enforce this chapter, except ss. 144.421 and 144.422, and all rules, special orders, licenses, plan approvals and permits of the department, except those promulgated or issued under ss. 144.421 and 144.422. The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce this chapter or the rule, special order, license, plan approval or permit by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where this chapter or the rule, special order, license, plan approval or permit prohibits in whole or in part any pollution, a violation is deemed a public nuisance. The expenses incurred by the department of justice in assisting with the administration of this chapter shall be charged to the appropriation made by s. 20.370 (2) (ma) The department of natural resources may enter into agreements with the department of justice to assist with the administration of this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

AB150-ASA, s. 4352 Section 4352. 144.99 (title) of the statutes is amended to read:

AB150-ASA,1488,4 144.99 (title) Penalties and remedies.

AB150-ASA, s. 4353 Section 4353. 144.99 of the statutes is renumbered 144.99 (1).

AB150-ASA, s. 4354 Section 4354. 144.99 (2) of the statutes is created to read:

AB150-ASA,1488,14 144.99 (2) In addition to the penalties provided under sub. (1), the court may award the department of justice the expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

AB150-ASA, s. 4354g Section 4354g. 144.992 (3) of the statutes is amended to read:

AB150-ASA,1488,21 144.992 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the environmental assessment prescribed in this section. If the deposit is forfeited, the amount of the environmental assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the environmental assessment shall also be returned.

AB150-ASA, s. 4354r Section 4354r. 144.992 (4) of the statutes is amended to read:

AB150-ASA,1489,3 144.992 (4) The clerk of the court shall collect and transmit to the county treasurer the environmental assessment and other amounts required under s. 59.395 (5). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.20 (5) (b). The state treasurer secretary of administration shall deposit the amount of the assessment in the environmental fund.

AB150-ASA, s. 4355 Section 4355. 145.01 (4) of the statutes is amended to read:

AB150-ASA,1489,6 145.01 (4) Department. "Department" means the department of industry, labor and human relations development.

AB150-ASA, s. 4356 Section 4356. 145.02 (4) (a) of the statutes is amended to read:

AB150-ASA,1489,13 145.02 (4) (a) The department shall prescribe rules as to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners. The plumbers council, created under s. 15.227 (15) 15.157 (6), shall advise the department in formulating the rules.

AB150-ASA, s. 4357 Section 4357. 145.17 (2) of the statutes is amended to read:

AB150-ASA,1489,20 145.17 (2) The department shall prescribe rules as to the qualifications, examination and licensing of journeymen automatic fire sprinkler system fitters and automatic fire sprinkler contractors and for the registration and training of automatic fire sprinkler system apprentices. The automatic fire sprinkler system contractors and journeymen council, created under s. 15.227 (16) 15.157 (9), shall advise the department in formulating the rules.

AB150-ASA, s. 4358 Section 4358. 145.245 (1) (dm) of the statutes is amended to read:

AB150-ASA,1489,25 145.245 (1) (dm) "Sewage" means the water-carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in s. 101.01 (2) (12), with such surface water or groundwater as may be present.

AB150-ASA, s. 4359 Section 4359. 145.245 (3) of the statutes is amended to read:

AB150-ASA,1490,17 145.245 (3) Maintenance. The department shall establish a maintenance program to be administered by governmental units. The maintenance program is applicable to all new or replacement private sewage systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The maintenance program shall include a requirement of inspection or pumping of the private sewage system at least once every 3 years. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under s. 146.20 or by an employe of the state or governmental unit designated by the department. The department of natural resources may suspend or revoke a license issued under s. 146.20 or a certificate issued under s. 144.025 (2) (L) to the operator of a septage servicing vehicle if the department of natural resources finds that the licensee or operator falsified information on inspection forms. The department of industry, labor and human relations development may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.

AB150-ASA, s. 4359c Section 4359c. 145.245 (5m) (b) of the statutes is amended to read:

AB150-ASA,1490,24 145.245 (5m) (b) The department shall notify a governmental unit if it receives a certification under s. 46.255 49.855 (7) that an individual is delinquent in child support or maintenance payments. The department or a governmental unit shall deny an application under this section if the department receives a certification under s. 46.255 49.855 (7) that the applicant or an individual who would be directly benefited by the grant is delinquent in child support or maintenance payments.

AB150-ASA, s. 4363 Section 4363. 146.20 (3) (b) of the statutes is amended to read:

AB150-ASA,1491,7 146.20 (3) (b) Expiration date of license. All licenses issued under this section for a period beginning before July 1, 1997, are for one year. All licenses issued under this section for a period beginning after June 30, 1997, are for 2 years. All licenses issued under this section are for one year, expire on June 30 or December 31 and are not transferable. Application for renewal shall be filed on or before July 1 or January 1 June 1 and if filed after that date a penalty shall be charged. The department shall promulgate a rule setting the amount of the penalty for late filing.

AB150-ASA, s. 4364 Section 4364. 146.20 (4) of the statutes is repealed.

AB150-ASA, s. 4365 Section 4365. 146.20 (4s) (a) 1. of the statutes is amended to read:

AB150-ASA,1491,12 146.20 (4s) (a) 1. For a license under sub. (3) (a) for to a state resident, $25 for each vehicle used for servicing, $25 if the license period begins before July 1, 1997, and $50 if the license period begins after June 30, 1997.

AB150-ASA, s. 4366 Section 4366. 146.20 (4s) (a) 2. of the statutes is amended to read:

AB150-ASA,1491,16 146.20 (4s) (a) 2. For a license under sub. (3) (a) for to a nonresident licensee, $50, for each vehicle used for servicing, $50 if the license period begins before July 1, 1997, and $100 if the license period begins after June 30, 1997.

AB150-ASA, s. 4367 Section 4367. 146.20 (4s) (d) of the statutes is amended to read:

AB150-ASA,1491,22 146.20 (4s) (d) In addition to the license fee under par. (a) 1. or 2., the department shall collect from each licensee a groundwater fee of $50 per licensee if the license period begins before July 1, 1997, and $100 if the license period begins after June 30, 1997. The moneys collected under this paragraph shall be credited to the environmental fund for groundwater management.

AB150-ASA, s. 4368 Section 4368. 146.20 (5) (a) 1. of the statutes is repealed.

AB150-ASA, s. 4369 Section 4369. 146.40 (5) (a) of the statutes is amended to read:

AB150-ASA,1492,7 146.40 (5) (a) The department, in consultation with the technical college system board, shall promulgate rules specifying standards for certification in this state of instructional and competency evaluation programs for nurse's assistants, home health aides and hospice aides. The standards shall include specialized training in providing care to individuals with special needs. The department shall promulgate rules regarding this specialized training in consultation with a private nonprofit organization awarded a grant under s. 46.855.

AB150-ASA, s. 4370 Section 4370. 146.57 of the statutes is amended to read:

AB150-ASA,1492,19 146.57 (title) Statewide poison control system program. (3) (title) Regional poison control centers. (a) By July 1, 1994, the The department shall designate no more than 2 regional poison control centers and shall implement any other aspects of a statewide poison control system program. From the appropriation under s. 20.435 (1) (ds), the department shall, if the requirement under par. (b) is met, distribute, for fiscal year 1994-95, total funding of not more than $187,500 to each regional poison control center that is so designated in each fiscal year to supplement the operation of the centers program and to provide for the statewide collection and reporting of poison control data by the centers. The department may, but need not, distribute all of the funds in each fiscal year to a single poison control center.

AB150-ASA,1492,24 (b) No regional poison control center may be funded receive funds under par. (a) unless there is a matching contribution from the regional the poison control center provides a matching contribution of at least 50% of the state funding for the center. Private funds and in-kind contributions may be used to meet this requirement.

AB150-ASA,1493,3 (4) Rule making. The department shall promulgate rules that specify the information that shall be reported to the department by regional under the statewide poison control centers program.

AB150-ASA, s. 4370m Section 4370m. 146.59 of the statutes is created to read:

AB150-ASA,1493,9 146.59 University of Wisconsin Hospitals and Clinics Board. Subject to 1995 Wisconsin Act .... (this act), section 9159 (2) (k), the University of Wisconsin Hospitals and Clinics board shall negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Authority that meets the requirements under s. 233.04 (4) and shall comply with s. 233.04 (4m).

AB150-ASA, s. 4378 Section 4378. 146.89 (3) (d) 1. of the statutes is repealed.

AB150-ASA, s. 4379 Section 4379. 146.89 (3) (d) 2. of the statutes is amended to read:

AB150-ASA,1493,12 146.89 (3) (d) 2. Medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49.

AB150-ASA, s. 4380 Section 4380. 146.89 (3) (d) 4. of the statutes is repealed.

AB150-ASA, s. 4381 Section 4381. 147.21 (5) of the statutes is amended to read:

AB150-ASA,1493,24 147.21 (5) In addition to all other civil and criminal penalties prescribed under this chapter, the court may assess as an additional penalty a portion or all of the total costs of the investigation, including monitoring, which led to the establishment of the violation. The court may award the department of justice the expenses of the prosecution, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

AB150-ASA, s. 4381g Section 4381g. 147.23 (1) of the statutes is amended to read:

AB150-ASA,1494,7 147.23 (1) Department may recover costs. In an action against any person who violates this chapter or any provision of s. 29.29 or ch. 30, 31 or 144 relating to water quality the department may recover the cost of removing, terminating or remedying the adverse effects upon the water environment resulting from the unlawful discharge or deposit of pollutants into the waters of the state, including the cost of replacing fish or other wildlife destroyed by the discharge or deposit. All moneys recovered under this section shall be deposited into the environmental fund.

AB150-ASA, s. 4382 Section 4382. 150.01 (6m) of the statutes is repealed.

AB150-ASA, s. 4383 Section 4383. 150.01 (6r) of the statutes is repealed.