Amendment AA1-ASA1-AB100

AB100-ASA1-AA1, s. 3452s Section 3452s. 253.10 (7) of the statutes is amended to read:

AB100-ASA1-AA1,325,13 253.10 (7) Affirmative defense. No person is liable under sub. (5) or (6) or under s. 441.07 (1) (f), 448.02 (3) (a) or 457.26 (2) (gm) for failure under sub. (3) (c) 2. d. to provide the printed materials described in sub. (3) (d) to a woman or for failure under sub. (3) (c) 2. d., e. or, f. or g. to describe the contents of the printed materials if the person has made a reasonably diligent effort to obtain the printed materials under sub. (3) (e) and s. 46.245 (1) and the department and the county department under s. 46.215, 46.22 or 46.23 have not made the printed materials available at the time that the person is required to give them to the woman.".

AB100-ASA1-AA1,325,14 952. Page 1455, line 12: after that line insert:

AB100-ASA1-AA1,325,15 " Section 3470d. 254.36 (1) of the statutes is repealed.

AB100-ASA1-AA1, s. 3470h Section 3470h. 254.36 (2) of the statutes is renumbered 254.36 and amended to read:

AB100-ASA1-AA1,325,23 254.36 (title) Radiation protection council. The department, on the recommendation of the council, shall promulgate a radiation protection code. Other departments and agencies of state government and local governmental units may adopt the identical code, but no other rule, code or ordinance relating to this subject may be promulgated or enacted except as provided under ss. 166.03 (2) (b) 6., 293.15 (8) and 293.25.

AB100-ASA1-AA1, s. 3470p Section 3470p. 254.36 (3) to (7) of the statutes are repealed.

AB100-ASA1-AA1, s. 3470t Section 3470t. 254.37 (3) of the statutes is amended to read:

AB100-ASA1-AA1,326,10 254.37 (3) Rules. The department shall enforce the rules pertaining to ionizing radiation in establishments principally engaged in furnishing medical, surgical, chiropractic and other health services to persons and animals. The department of commerce shall enforce the rules pertaining to ionizing radiation in industrial establishments. The department shall notify the department of commerce and deliver to it a copy of each new registration and at such time a decision shall be made as to which state agency shall enforce the rules pertaining to ionizing radiation. The department and the department of commerce are directed to consult with the radiation protection council in case of jurisdictional problems.".

AB100-ASA1-AA1,326,11 953. Page 1455, line 20: after that line insert:

AB100-ASA1-AA1,326,12 " Section 3476e. 254.71 (4) of the statutes is repealed.

AB100-ASA1-AA1, s. 3476m Section 3476m. 254.71 (5) of the statutes is amended to read:

AB100-ASA1-AA1,326,17 254.71 (5) The department shall conduct evaluations of the effect that the food protection practices certification program has on compliance by restaurants with requirements established under s. 254.74 (1) and provide the evaluations, as requested, to the council on food protection practices.

AB100-ASA1-AA1, s. 3476r Section 3476r. 254.71 (6) (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,326,20 254.71 (6) (intro.) The department, after consulting with the council on food protection practices, shall promulgate rules concerning all of the following:".

AB100-ASA1-AA1,326,21 954. Page 1456, line 17: delete "treatment services,".

AB100-ASA1-AA1,326,22 955. Page 1456, line 21: after that line insert:

AB100-ASA1-AA1,326,23 " Section 3484m. 255.10 of the statutes is created to read:

AB100-ASA1-AA1,327,5 255.10 Tobacco prevention and education program. From the appropriation under s. 20.435 (1) (dg), the department shall administer a tobacco prevention and education program, with the primary purpose of reducing the use of cigarettes and tobacco products by minors. The department shall award grants for the following purposes:

AB100-ASA1-AA1,327,6 (1) Community education provided through local community initiatives.

AB100-ASA1-AA1,327,9 (2) A multimedia education campaign directed at encouraging minors not to begin using tobacco, motivating and assisting adults to stop using tobacco and changing public opinion on the use of tobacco.

AB100-ASA1-AA1,327,11 (3) Public education through grants to schools to expand and implement curricula on tobacco education.

AB100-ASA1-AA1,327,12 (4) Research on methods by which to discourage use of tobacco.

AB100-ASA1-AA1,327,13 (5) Evaluation of the program under this section.".

AB100-ASA1-AA1,327,15 956. Page 1458, line 23: after "not" insert "construction sites, construction practices,".

AB100-ASA1-AA1,327,22 957. Page 1461, line 2: after the period insert "The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2), 92.105 (1) or 92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.".

AB100-ASA1-AA1,327,24 958. Page 1464, line 7: after "for" insert "all of the planning, design and construction costs incurred after June 30, 1995, for".

AB100-ASA1-AA1,328,1 959. Page 1472, line 17: substitute "If" for "For".

AB100-ASA1-AA1,328,3 960. Page 1472, line 19: after "town" insert "submits data concerning household income obtained from a 3rd party".

AB100-ASA1-AA1,328,4 961. Page 1472, line 21: after "on" insert "the".

AB100-ASA1-AA1,328,6 962. Page 1472, line 22: delete that line and substitute "obtained from the 3rd party.".

AB100-ASA1-AA1,328,8 963. Page 1473, line 3: delete "66.905 (2) (b) 560.036 (2m) (b) 2" and substitute "66.905 (2) (b)".

AB100-ASA1-AA1,328,9 964. Page 1479, line 1: substitute "$90,200,000" for " $82,400,000".

AB100-ASA1-AA1,328,11 965. Page 1502, line 19: delete the material beginning with that line and ending with page 1503, line 2.

AB100-ASA1-AA1,328,13 966. Page 1507, line 6: delete "Administer" and substitute "Administer Except as provided in sub. (5) (g), administer".

AB100-ASA1-AA1,328,14 967. Page 1510, line 19: after that line insert:

AB100-ASA1-AA1,328,15 " Section 3588e. 281.65 (5) (g) of the statutes is created to read:

AB100-ASA1-AA1,328,17 281.65 (5) (g) Administer the distribution of funding under s. 20.866 (2) (we) to governmental units for implementation of the program under this section.".

AB100-ASA1-AA1,328,19 968. Page 1512, line 19: delete the material beginning with that line and ending with page 1513, line 8.

AB100-ASA1-AA1,328,20 969. Page 1523, line 21: after that line insert:

AB100-ASA1-AA1,328,21 " Section 3606p. 285.11 (18) of the statutes is created to read:

AB100-ASA1-AA1,329,2 285.11 (18) Seek permission from the federal environmental protection agency to close all sites at which the department monitors atmospheric ozone that are located within 3 miles of the shoreline of Lake Michigan and, if the federal environmental protection agency grants that permission, close those sites.".

AB100-ASA1-AA1,329,3 970. Page 1523, line 21: after that line insert:

AB100-ASA1-AA1,329,4 " Section 3606pm. 285.30 (5) (b) of the statutes is amended to read:

AB100-ASA1-AA1,329,6 285.30 (5) (b) A motor vehicle with a gross vehicle weight rating exceeding 14,000 10,000 pounds, as determined by the manufacturer of the vehicle.".

AB100-ASA1-AA1,329,7 971. Page 1528, line 13: after that line insert:

AB100-ASA1-AA1,329,8 " Section 3621c. 287.41 (4) of the statutes is created to read:

AB100-ASA1-AA1,329,10 287.41 (4) The department of commerce shall use the strategic plan prepared and revised under this section to guide the activities of the board.".

AB100-ASA1-AA1,329,11 972. Page 1530, line 23: before that line insert:

AB100-ASA1-AA1,329,12 " Section 3636m. 289.05 (2) of the statutes is amended to read:

AB100-ASA1-AA1,330,2 289.05 (2) With the advice and comment of the metallic mining council, the The department shall promulgate rules for the identification and regulation of metallic mining wastes. The rules promulgated to identify metallic mining wastes and to regulate the location, design, construction, operation and maintenance of facilities for the disposal of metallic mining wastes shall be in accordance with any or all of the provisions under this chapter and chs. 30 and 283. The rules shall take into consideration the special requirements of metallic mining operations in the location, design, construction, operation and maintenance of facilities for the disposal of metallic mining wastes as well as any special environmental concerns that will arise as a result of the disposal of metallic mining wastes. In promulgating the rules, the department shall give consideration to research, studies, data and recommendations of the U.S. environmental protection agency on the subject of metallic mining wastes arising from the agency's efforts to implement the resource conservation and recovery act.

AB100-ASA1-AA1, s. 3636p Section 3636p. 289.08 of the statutes is repealed.".

AB100-ASA1-AA1,330,4 973. Page 1530, line 25: after that line insert:

AB100-ASA1-AA1,330,5 " Section 3637m. 289.55 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA1,330,7 289.55 (1) (b) "Tire dump" means any location that is used for storing or disposing of waste tires or solid waste resulting from manufacturing tires.

AB100-ASA1-AA1, s. 3637n Section 3637n. 289.55 (2) of the statutes is amended to read:

AB100-ASA1-AA1,330,21 289.55 (2) Department authority; abatement. If the department determines that a tire dump is a nuisance, it shall notify the person responsible for the nuisance and request that the waste tires or the solid waste resulting from manufacturing tires be processed or removed within a specified period. If the person fails to take the requested action within the specified period, the department shall order the person to abate the nuisance within a specified period. If the person responsible for the nuisance is not the owner of the property on which the tire dump is located, the department may order the property owner to permit abatement of the nuisance. If the person responsible for the nuisance fails to comply with the order, the department may take any action necessary to abate the nuisance, including entering the property where the tire dump is located and confiscating the waste tires or the solid waste resulting from manufacturing tires, or arranging to have the waste tires or the solid waste resulting from manufacturing tires processed or removed.".

AB100-ASA1-AA1,330,22 974. Page 1535, line 24: after that line insert:

AB100-ASA1-AA1,330,23 " Section 3660g. 292.11 (9) (g) of the statutes is created to read:

AB100-ASA1-AA1,331,4 292.11 (9) (g) 1. In this paragraph, "petroleum contaminated soil" means soil that is contaminated with materials derived from petroleum, natural gas or asphalt, including gasoline, diesel and heating fuels, liquified petroleum gases, lubricants, waxes, greases and petrochemicals.

AB100-ASA1-AA1,331,6 2. A person is exempted from sub. (7) (b) and from the penalty requirements of this section if all of the following apply:

AB100-ASA1-AA1,331,8 a. The person's act or omission was taken while performing services under contract with the department of transportation.

AB100-ASA1-AA1,331,11 b. The act or omission involving the petroleum contaminated soil was consistent with the contract described in subd. 2. a. or was directed by the department of transportation.

AB100-ASA1-AA1,331,12 3. Subd. 2. does not apply to any person:

AB100-ASA1-AA1,331,14 a. Who brought petroleum contaminated soil onto the property or caused the soil to become petroleum contaminated soil.

AB100-ASA1-AA1,331,17 b. Who is under a previous contract with a state agency other than the department of transportation to remove a hazardous substance from the property, or to treat a hazardous substance on the property.

AB100-ASA1-AA1,331,19 c. Whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.".

AB100-ASA1-AA1,331,21 975. Page 1536, line 2: after "liability" insert "for groundwater contamination".

AB100-ASA1-AA1,331,22 976. Page 1536, line 3: delete "soil or".

AB100-ASA1-AA1,331,24 977. Page 1536, line 4: delete "owned" and substitute "possessed or controlled".

AB100-ASA1-AA1,332,2 978. Page 1536, line 9: after "investigation" insert "or submits other information".

AB100-ASA1-AA1,332,3 979. Page 1536, line 15: delete lines 15 to 19.

AB100-ASA1-AA1,332,4 980. Page 1536, line 21: before "to avoid" insert "and".

AB100-ASA1-AA1,332,5 981. Page 1537, line 1: before that line insert:

AB100-ASA1-AA1,332,9 "(1m) Exemption from liability for soil contamination. A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the soil on property possessed or controlled by the person if all of the following apply:

AB100-ASA1-AA1,332,11 (a) The discharge of the hazardous substance originated from a source on property that is not possessed or controlled by the person.

AB100-ASA1-AA1,332,13 (b) The person did not possess or control the hazardous substance on the property on which the discharge originated or cause the original discharge.

AB100-ASA1-AA1,332,16 (c) The person conducts an investigation or submits other information, that the department determines is adequate, to substantiate that pars. (a) and (b) are satisfied.

AB100-ASA1-AA1,332,20 (d) The person agrees to allow the department, any authorized representatives of the department, any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance and any consultant or contractor of such a party to enter the property to take action to respond to the discharge.

AB100-ASA1-AA1,333,2 (e) After the department has made a reasonable attempt to notify the party who caused the discharge of the hazardous substance of the party's responsibilities under s. 292.11, the person takes at least one of the following actions, at the direction of the department, to respond to the discharge to prevent an imminent threat to human health, safety or welfare or to the environment:

AB100-ASA1-AA1,333,3 1. Limits public access to the property.

AB100-ASA1-AA1,333,5 2. Identifies, monitors and mitigates fire, explosion and vapor hazards on the property.

AB100-ASA1-AA1,333,7 3. Visually inspects the property and installs appropriate containment barriers.

AB100-ASA1-AA1,333,9 (f) The person agrees to avoid any interference with action undertaken to respond to the discharge and to avoid actions that worsen the discharge.

AB100-ASA1-AA1,333,12 (g) The person agrees to any other condition that the department determines is reasonable and necessary to ensure that the department or other person described in par. (d) can adequately respond to the discharge.".

AB100-ASA1-AA1,333,14 982. Page 1537, line 2: delete "owning" and substitute "who possesses or controls".

AB100-ASA1-AA1,333,15 983. Page 1537, line 4: before "requirements" insert "applicable".

AB100-ASA1-AA1,333,16 984. Page 1537, line 4: delete "sub. (1)" and substitute "subs. (1) and (1m)".

AB100-ASA1-AA1,333,17 985. Page 1537, line 5: after "(1)" insert "or (1m)".