Amendment ASA1-AB133

AB133-ASA1,1012,14 94.73 (7) (a) The department may make payments to a responsible person who is eligible for reimbursement under sub. (3) if the department has authorized reimbursement to that person under sub. (6). The department shall make payment from the appropriation accounts account under s. 20.115 (7) (e) and (wm), subject to the availability of funds in those that appropriation accounts account. If there are insufficient funds to pay the full amounts authorized under sub. (6) to all eligible responsible persons, the department shall distribute payments in the order in which applications were received, unless the department specifies, by rule, a different order of payment.

AB133-ASA1, s. 1946 Section 1946. 95.21 (9) (c) of the statutes is created to read:

AB133-ASA1,1012,20 95.21 (9) (c) The department may provide training to persons who administer local rabies control programs or who conduct rabies examinations under those programs. The department may charge fees to cover the cost of training. The fees collected under this paragraph shall be credited to the appropriation under s. 20.115 (2) (j).

AB133-ASA1, s. 1950m Section 1950m. 98.01 (3) of the statutes is amended to read:

AB133-ASA1,1012,22 98.01 (3) "Municipality" means a city or, village or town.

AB133-ASA1, s. 1951 Section 1951. 98.04 (1) of the statutes is amended to read:

AB133-ASA1,1013,20 98.04 (1) Each Except as provided in sub. (2), a municipality having a population of more than 5,000, according to the latest federal census most recent population estimate made by the department of administration under s. 16.96, shall enforce the provisions of this chapter within its jurisdiction. For this purpose it, a municipality shall establish a municipal department of weights and measures. Each municipal department of weights and measures shall have such number of qualified sealers or inspectors as will ensure compliance with this chapter. Municipal sealers or inspectors shall have the same authority as sealers or inspectors of the department of agriculture, trade and consumer protection. The selection of municipal sealers or inspectors shall be from a list of applicants whose qualifications have been certified by the state or local civil service agency under the rules of the agency. Such The municipality shall procure and keep at all times a complete set of standards of weight and measure conforming to the state standards, and such standards shall be submitted and shall submit the standards for certification at regular intervals as required by the department. It of agriculture, trade and consumer protection. The municipality shall keep a complete record of its work and annually shall file a report thereof with the department of agriculture, trade and consumer protection. Municipalities The municipality may enact ordinances regulating that regulate weights and measures and that are not in conflict with this chapter or the rules of the department and of agriculture, trade and consumer protection. The municipality may assess fees which that do not exceed the actual cost of the municipal its weights and measures program.

AB133-ASA1, s. 1952 Section 1952. 98.04 (2) of the statutes is repealed and recreated to read:

AB133-ASA1,1014,6 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.

AB133-ASA1, s. 1953 Section 1953. 98.16 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 27, section 2552f, is amended to read:

AB133-ASA1,1014,10 98.16 (2) (b) The fee for a license under par. (a) is $30 $60, except that the department may establish a different fee by rule.

AB133-ASA1, s. 1960 Section 1960. 100.261 of the statutes is created to read:

AB133-ASA1,1014,19 100.261 Consumer information assessment. (1) If a court imposes a fine or forfeiture for a violation of this chapter, ch. 98, a rule promulgated under this chapter or ch. 98 or an ordinance enacted under this chapter or ch. 98, the court shall also impose a consumer information assessment in an amount equal to 15% of the fine or forfeiture imposed. If multiple violations are involved, the court shall base the consumer information assessment upon the the total of the fine or forfeiture amounts for all violations. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the assessment in proportion to the suspension.

AB133-ASA1,1014,25 (2) If any deposit is made for a violation to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the consumer information assessment required under this section. If the deposit is forfeited, the amount of the consumer information assessment shall be transmitted to the state treasurer under sub. (3). If the deposit is returned, the consumer information assessment shall also be returned.

AB133-ASA1,1015,3 (3) (a) The clerk of court shall collect and transmit the consumer information assessment amounts to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.25 (3) (f) 2.

AB133-ASA1,1015,6 (b) 1. The state treasurer shall deposit the assessment amounts in the general fund and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit under subd. 2.

AB133-ASA1,1015,8 2. The amount credited to the appropriation account under s. 20.115 (1) (jb) may not exceed $85,000 in each fiscal year.

AB133-ASA1, s. 1960d Section 1960d. 100.30 (2) (c) 1. b. of the statutes is amended to read:

AB133-ASA1,1015,18 100.30 (2) (c) 1. b. For every person holding a permit as a distributor as defined in s. 139.30 (3) or as a multiple retailer as defined in s. 139.30 (8), with respect to that portion of the person's business which involves the purchase and sale of cigarettes, "cost to wholesaler" means the cost charged by the cigarette manufacturer, disregarding any manufacturer's discount or any discount under s. 139.32 (5), plus the amount of tax imposed under s. 139.31. Except for a sale at wholesale between wholesalers, a markup to cover a proportionate part of the cost of doing business shall be added to the cost to wholesaler. In the absence of proof of a lesser cost, this markup shall be 3% of the cost to wholesaler as set forth in this subd. 1. b.

AB133-ASA1, s. 1960h Section 1960h. 100.30 (2) (f) of the statutes is amended to read:

AB133-ASA1,1015,25 100.30 (2) (f) With respect to the sale of merchandise other than motor vehicle fuel, "retailer" and "wholesaler" shall both be applied to any merchant who buys merchandise for resale at retail from the manufacturer or producer thereof and to any wholesaler under par. (L) 2. and, as to that merchandise or that wholesaler, the terms "cost to retailer" and "cost to wholesaler" as defined in pars. (am) and (c) shall both be applied, including the markup requirements.

AB133-ASA1, s. 1960p Section 1960p. 100.30 (2) (L) (intro.) and 1. of the statutes are consolidated, renumbered 100.30 (2) (L) and amended to read:

AB133-ASA1,1016,8 100.30 (2) (L) (intro.) "Wholesaler" includes every person holding a permit as a multiple retailer under s. 139.30 (8) and every person engaged in the business of making sales at wholesale, other than sales of motor vehicle fuel at wholesale, within this state except as follows: 1. In that in the case of a person engaged in the business of selling both at wholesale and at retail, "wholesaler" applies only to the wholesale portion of that business.

AB133-ASA1, s. 1960t Section 1960t. 100.30 (2) (L) 2. of the statutes is repealed.

AB133-ASA1, s. 1972 Section 1972. 101.01 (4) of the statutes is amended to read:

AB133-ASA1,1016,15 101.01 (4) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district , family care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employe.

AB133-ASA1, s. 1972c Section 1972c. 101.02 (18m) of the statutes is amended to read:

AB133-ASA1,1016,24 101.02 (18m) 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. 20.143 (3) (ga). 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.

AB133-ASA1, s. 1972g Section 1972g. 101.02 (20) (a) of the statutes is amended to read:

AB133-ASA1,1017,6 101.02 (20) (a) For purposes of this subsection, "license" means a license, permit or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935, 101.95, 101.951, 101.952, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).

AB133-ASA1, s. 1972m Section 1972m. 101.02 (21) (a) of the statutes is amended to read:

AB133-ASA1,1017,13 101.02 (21) (a) In this subsection, "license" means a license, permit or certificate of certification or registration issued by the department under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935, 101.95, 101.951, 101.952, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).

AB133-ASA1, s. 1973 Section 1973. 101.09 (title) of the statutes is amended to read:

AB133-ASA1,1017,16 101.09 (title) Storage of flammable and, combustible and hazardous liquids.

AB133-ASA1, s. 1974 Section 1974. 101.09 (1) (am) of the statutes is created to read:

AB133-ASA1,1017,19 101.09 (1) (am) "Federally regulated hazardous substance" means a hazardous substance, as defined in 42 USC 9601 (14).

AB133-ASA1, s. 1975 Section 1975. 101.09 (2) (a) of the statutes is amended to read:

AB133-ASA1,1017,24 101.09 (2) (a) Except as provided under pars. (b) to (d), every person who constructs, owns or controls a tank for the storage, handling or use of flammable or combustible liquid that is flammable or combustible or a federally regulated hazardous substance shall comply with the standards adopted under sub. (3).

AB133-ASA1, s. 1976 Section 1976. 101.09 (3) (a) of the statutes is amended to read:

AB133-ASA1,1018,14 101.09 (3) (a) The department shall promulgate by rule construction, maintenance and abandonment standards applicable to tanks for the storage, handling or use of flammable and combustible liquids that are flammable or combustible or are federally regulated hazardous substances, and to the property and facilities where the tanks are located, for the purpose of protecting the waters of the state from harm due to contamination by flammable and combustible liquids that are flammable or combustible or are federally regulated hazardous substances. The rule shall comply with ch. 160. The rule may include different standards for new and existing tanks, but all standards shall provide substantially similar protection for the waters of the state. The rule shall include maintenance requirements related to the detection and prevention of leaks. The rule may require any person supplying heating oil to any noncommercial storage tank for consumptive use on the premises to submit to the department, within 30 days after the department requests, the location, contents and size of any such tank.

AB133-ASA1, s. 1979 Section 1979. 101.14 (5) of the statutes is amended to read:

AB133-ASA1,1018,23 101.14 (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 flammable or combustible liquids a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 101.09 (1) (am), 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.

AB133-ASA1,1019,3 (b) Notwithstanding par. (a), an installation for the storage, handling or use of flammable or combustible liquids a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 101.09 (1) (am), that has a capacity of less than 1,000 gallons is not subject to the groundwater fee under par. (a).

AB133-ASA1, s. 1979p Section 1979p. 101.143 (1) (bm) of the statutes is created to read:

AB133-ASA1,1019,6 101.143 (1) (bm) "Enforcement standard" has the meaning given in s. 160.01 (2).

AB133-ASA1, s. 1979r Section 1979r. 101.143 (1) (cq) of the statutes is created to read:

AB133-ASA1,1019,10 101.143 (1) (cq) "Natural attenuation" means the reduction in the concentration and mass of a substance, and the products into which the substance breaks down, due to naturally occurring physical, chemical and biological processes.

AB133-ASA1, s. 1979v Section 1979v. 101.143 (2) (em) of the statutes is created to read:

AB133-ASA1,1019,16 101.143 (2) (em) 1. The department may promulgate rules that specify a fee that must be paid by a service provider as a condition of submitting a bid to conduct an activity under sub. (3) (c) for which a claim for reimbursement under this section will be submitted. Any fees collected under the rules shall be deposited into the petroleum inspection fund.

AB133-ASA1,1019,20 2. If the department promulgates rules under subd. 1., the department may purchase, or provide funding for the purchase of, insurance to cover the amount by which the costs of conducting activities under sub. (3) (c) exceed the amount bid to conduct those activities.

AB133-ASA1, s. 1980c Section 1980c. 101.143 (2) (h) of the statutes is created to read:

AB133-ASA1,1019,25 101.143 (2) (h) The department of commerce 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:

AB133-ASA1,1020,3 1. Information that must be submitted under this section, including quarterly summaries of costs incurred with respect to a discharge for which a claim is intended to be submitted under sub. (3) but for which a final claim has not been submitted.

AB133-ASA1,1020,4 2. Formats for submitting the information under subd. 1.

AB133-ASA1,1020,7 3. Review procedures that must be followed by employes of the department of natural resources and the department of commerce in reviewing the information submitted under subd. 1.

AB133-ASA1, s. 1981c Section 1981c. 101.143 (2) (i) of the statutes is created to read:

AB133-ASA1,1020,14 101.143 (2) (i) The department of commerce and the department of natural resources, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employes of the department of commerce and the department of natural resources while remedial actions are being conducted. The departments shall specify procedures that include all of the following:

AB133-ASA1,1020,17 1. Annual reviews that include application of the method in the rules promulgated under sub. (2e) (b) to determine the risk posed by discharges that are the subject of the remedial actions.

AB133-ASA1,1020,19 2. Annual reports by consultants estimating the additional costs that must be incurred to comply with sub. (3) (c) 3. and with enforcement standards.

AB133-ASA1,1020,21 3. A definition of "reasonable time" for the purpose of determining whether natural attenuation may be used to achieve enforcement standards.

AB133-ASA1,1020,22 4. Procedures to be used to measure concentrations of contaminants.

AB133-ASA1, s. 1981e Section 1981e. 101.143 (2) (j) of the statutes is created to read:

AB133-ASA1,1020,25 101.143 (2) (j) The department of commerce and the department of natural resources, jointly, shall promulgate rules specifying all of the following:

AB133-ASA1,1021,2 1. The conditions under which employes of the department of commerce and the department of natural resources must issue approvals under sub. (3) (c) 4.

AB133-ASA1,1021,4 2. Training and management procedures to ensure that employes comply with the requirements under subd. 1.

AB133-ASA1, s. 1981g Section 1981g. 101.143 (2) (k) of the statutes is created to read:

AB133-ASA1,1021,17 101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of commerce and the department of natural resources shall attempt to reach an agreement that is consistent with those provisions. If the department of commerce and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with pars. (h) to (j). The department of commerce and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB133-ASA1, s. 1981i Section 1981i. 101.143 (2) (L) of the statutes is created to read:

AB133-ASA1,1021,23 101.143 (2) (L) The department may promulgate rules for the assessment and collection of fees to recover its costs for providing approval under sub. (3) (c) 4. and for providing other assistance requested by applicants under this section. Any moneys collected under this paragraph shall be credited to the appropriation account under s. 20.143 (3) (Lm).

AB133-ASA1, s. 1982c Section 1982c. 101.143 (2e) of the statutes is created to read:

AB133-ASA1,1022,6 101.143 (2e) Risk-based analysis. (a) The department of commerce and the department of natural resources shall attempt to agree on a method, which shall include consideration of the routes for migration of petroleum product contamination, for determining the risk to public health, safety and welfare and to the environment posed by discharges for which the department of commerce receives notification under sub. (3) (a) 3.

AB133-ASA1,1022,15 (b) If the department of commerce and the department of natural resources are unable to reach an agreement under par. (a), they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with par. (a). The department of commerce and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources under par. (a) and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB133-ASA1,1022,19 (c) The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall apply the method in the rules promulgated under par. (b) to determine the risk posed by a discharge for which the department of commerce receives notification under sub. (3) (a) 3.

AB133-ASA1, s. 1983b Section 1983b. 101.143 (3) (c) 2. of the statutes is amended to read:

AB133-ASA1,1022,23 101.143 (3) (c) 2. Prepare a remedial action plan that identifies specific remedial action activities proposed to be conducted under subd. 3. and submit the remedial action plan to the department.

AB133-ASA1, s. 1983m Section 1983m. 101.143 (3) (cm) of the statutes is amended to read:

AB133-ASA1,1023,6 101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person owning a home oil tank system may, with the approval of the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of the natural process of degradation attenuation of petroleum product contamination.

AB133-ASA1, s. 1983p Section 1983p. 101.143 (3) (cn) of the statutes is created to read:

AB133-ASA1,1023,11 101.143 (3) (cn) Review of remedial action plans. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall review and approve or disapprove a remedial action plan submitted under par. (c) 2.

AB133-ASA1, s. 1983t Section 1983t. 101.143 (3) (cp) of the statutes is created to read:

AB133-ASA1,1023,18 101.143 (3) (cp) Bidding process. 1. Except as provided in subds. 2. to 5., if the department of natural resources or, if the site is covered under s. 101.144 (2) (b), the department of commerce estimates that the cost to complete a site investigation, remedial action plan and remedial action for an occurrence exceeds $80,000, the department of commerce shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).

AB133-ASA1,1023,23 2. The department of commerce or the department of natural resources may waive the requirement under subd. 1. if an enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.

AB133-ASA1,1024,3 3. The department of commerce may waive the requirement under subd. 1. if it determines that the remedial action plan identifies the least costly method of complying with par. (c) 3. and with enforcement standards.

AB133-ASA1,1024,7 4. The department of commerce or the department of natural resources may waive the requirement under subd. 1. on the grounds that waiver is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.

AB133-ASA1,1024,9 5. The department of commerce or the department of natural resources may waive the requirement under subd. 1. after providing notice to the other department.

AB133-ASA1,1024,13 6. The department of commerce may disqualify a bid received under subd. 1. if, based on information available to the department and experience with remedial action at other sites, the bid is unlikely to establish an amount to sufficiently fund remedial action that will comply with par. (c) 3. and with enforcement standards.

AB133-ASA1,1024,17 7. The department of commerce may disqualify a person from submitting bids under subd. 1. if, based on past performance of the bidder, the department determines that the person has demonstrated an inability to complete remedial action within established cost limits.

AB133-ASA1, s. 1984c Section 1984c. 101.143 (3) (cs) of the statutes is created to read:

AB133-ASA1,1025,2 101.143 (3) (cs) Determination of least costly method of remedial action. 1. The department of commerce shall review the remedial action plan for a site that is classified as low or medium risk under s. 101.144 and shall determine the least costly method of complying with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement for remedial action under this section is limited to the amount necessary to implement that method.