SB45-SSA1-SA1,233,1413
2. Annual reports by consultants estimating the additional costs that must be
14incurred to comply with sub. (3) (c) 3. and with enforcement standards.
SB45-SSA1-SA1,233,1816
101.143
(2) (j) The department of commerce, in consultation with the
17department of natural resources, shall promulgate rules specifying all of the
18following:
SB45-SSA1-SA1,233,2019
1. The conditions under which employes of the department of commerce and
20the department of natural resources must issue approvals under sub. (3) (c) 4.
SB45-SSA1-SA1,233,2221
2. Training and management procedures to ensure that employes comply with
22the requirements under subd. 1.
SB45-SSA1-SA1,234,424
101.143
(2e) Risk-based analysis. (a) The department of commerce, in
25consultation with the department of natural resources, shall promulgate rules
1specifying a method, which shall include consideration of the routes for migration of
2petroleum product contamination, for determining the risk to public health, safety
3and welfare and to the environment posed by discharges for which the department
4of commerce receives notification under sub. (3) (a) 3.
SB45-SSA1-SA1,234,85
(b) The department of natural resources or, if the discharge is covered under
6s. 101.144 (2) (b), the department of commerce shall apply the method under par. (a)
7to determine the risk posed by a discharge for which the department of commerce
8receives notification under sub. (3) (a) 3.
SB45-SSA1-SA1,234,1210
101.143
(3) (c) 2. Prepare a remedial action plan that identifies specific
11remedial action activities proposed to be conducted under subd. 3.
and submit the
12remedial action plan to the department.
SB45-SSA1-SA1,234,2114
101.143
(3) (cg)
Approval to begin remedial action. 1. Except as provided in
15subds. 2. and 3., to be eligible for an award under sub. (4) an owner or operator may
16not begin remedial action under par. (c) 3. with respect to a discharge without the
17approval of the department of commerce and the department of natural resources.
18The department of commerce and the department of natural resources shall jointly
19determine when it is appropriate to begin remedial action with respect to a discharge
20based on the determination of risk under sub. (2e) (b) for the discharge and the
21availability of funds to pay awards under sub. (4).
SB45-SSA1-SA1,234,2522
2. Subdivision 1. does not apply if the discharge is from a home oil tank system,
23a petroleum product storage system that is described in sub. (4) (ei) 1. or a petroleum
24product storage system that is owned by a school district and that is used for storing
25heating oil for consumptive use on the premises where stored.
SB45-SSA1-SA1,235,2
13. Subdivision 1. does not apply to remedial action in response to an emergency
2if par. (g) applies.
SB45-SSA1-SA1,235,53
4. Notwithstanding s. 292.11 (3) and (7) (c), an owner or operator to whom subd.
41. applies is not required to begin remedial action under par. (c) 3. until the owner
5or operator receives approval under subd. 1.
SB45-SSA1-SA1,235,127
101.143
(3) (cm)
Monitoring as remedial action. An owner or operator or person
8owning a home oil tank system may, with the approval of the department of natural
9resources or, if the discharge is covered under s. 101.144 (2) (b), the department of
10commerce, satisfy the requirements of par. (c) 2. and 3. by proposing and
11implementing monitoring to ensure the effectiveness of
the natural
process of
12degradation attenuation of petroleum product contamination.
SB45-SSA1-SA1,235,1914
101.143
(3) (cp)
Bidding process. 1. Except as provided in subds. 2. to 4., if the
15department of natural resources or, if the site is covered under s. 101.144 (2) (b), the
16department of commerce estimates that the cost to complete a site investigation,
17remedial action plan and remedial action for an occurrence exceeds $60,000, the
18department of commerce shall implement a competitive public bidding process to
19obtain information to assist in making the determination under par. (cs).
SB45-SSA1-SA1,235,2320
2. The department of commerce may not implement the process under subd.
211. if an enforcement standard is exceeded in groundwater within 1,000 feet of a well
22operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other
23well used to provide water for human consumption.
SB45-SSA1-SA1,236,224
3. The department of commerce may not implement the process under subd.
251. if the department of natural resources waives the requirement on the grounds that
1waiver is necessary in an emergency to prevent or mitigate an imminent hazard to
2public health, safety or welfare or to the environment.
SB45-SSA1-SA1,236,53
4. The department of commerce may not implement the process under subd.
41. if the secretary of natural resources waives the requirement after providing notice
5to the secretary of commerce.
SB45-SSA1-SA1,236,147
101.143
(3) (cs)
Determination of least costly method of remedial action. 1. The
8department of commerce shall review the remedial action plan for a site that is
9classified as low or medium priority under s. 101.144 (3m) and shall determine the
10least costly method of complying with par. (c) 3. and with enforcement standards.
11The department shall notify the owner or operator of its determination of the least
12costly method and shall notify the owner or operator that reimbursement for
13remedial action under this section is limited to the amount necessary to implement
14that method.
SB45-SSA1-SA1,236,2115
2. The department of natural resources and the department of commerce shall
16review the remedial action plan for a site that is classified as high priority under s.
17101.144 (3m) and shall jointly determine the least costly method of complying with
18par. (c) 3. and with enforcement standards. The departments shall notify the owner
19or operator of their determination of the least costly method and shall notify the
20owner or operator that reimbursement for remedial action under this section is
21limited to the amount necessary to implement that method.
SB45-SSA1-SA1,236,2422
3. In making determinations under subds. 1. and 2., the department of natural
23resources and the department of commerce shall determine whether natural
24attenuation will achieve compliance with par. (c) 3. and with enforcement standards.
SB45-SSA1-SA1,237,8
1101.143
(3) (cw)
Annual reviews. 1. The department of commerce shall conduct
2the annual review required under sub. (2) (i) 1. for a site that is classified as low or
3medium priority under s. 101.144 (3m) and shall determine the least costly method
4of completing remedial action at the site in order to comply with par. (c) 3. and with
5enforcement standards. The department shall notify the owner or operator of its
6determination of the least costly method and shall notify the owner or operator that
7reimbursement under this section for any remedial action conducted after the date
8of the notice is limited to the amount necessary to implement that method.
SB45-SSA1-SA1,237,179
2. The department of natural resources and the department of commerce shall
10conduct the annual review required under sub. (2) (i) 1. for a site that is classified as
11high priority under s. 101.144 (3m) and shall jointly determine the least costly
12method of completing remedial action at the site in order to comply with par. (c) 3.
13and with enforcement standards. The departments shall notify the owner or
14operator of their determination of the least costly method and shall notify the owner
15or operator that reimbursement under this section for remedial action conducted
16after the date of the notice is limited to the amount necessary to implement that
17method.
SB45-SSA1-SA1,237,2018
3. In making determinations under subds. 1. and 2., the department of natural
19resources and the department of commerce shall determine whether natural
20attenuation will achieve compliance with par. (c) 3. and with enforcement standards.
SB45-SSA1-SA1,238,622
101.143
(3) (d)
Review of site investigations, remedial action plans and Final
23review of remedial action activities. The department of natural resources or, if the
24discharge is covered under s. 101.144 (2) (b), the department of commerce shall, at
25the request of the claimant, review the site investigation and the remedial action
1plan and advise the claimant on the adequacy of proposed remedial action activities
2in meeting the requirements of s. 292.11. The advice is not an approval of the
3remedial action activities. The department of natural resources or, if the discharge
4is covered under s. 101.144 (2) (b), the department of commerce shall complete a final
5review of the remedial action activities within 60 days after the claimant notifies the
6appropriate department that the remedial action activities are completed.
SB45-SSA1-SA1, s. 1985em
7Section 1985em. 101.143 (3) (g) (intro.) and 1. of the statutes are consolidated,
8renumbered 101.143 (3) (g) and amended to read:
SB45-SSA1-SA1,238,179
101.143
(3) (g)
Emergency situations. Notwithstanding pars. (a) 3. and (c) 1.
10and 2., an owner or operator or the person may submit a claim for an award under
11sub. (4) after notifying the department under par. (a) 3., without completing an
12investigation under par. (c) 1. and without preparing a remedial action plan under
13par. (c) 2. if
any of the following apply: 1. An
an emergency existed which made the
14investigation under par. (c) 1. and the remedial action plan under par. (c) 2.
15inappropriate
and, before conducting remedial action, the owner or operator or
16person notified the department of natural resources of the emergency and the
17department of natural resources authorized emergency action.
SB45-SSA1-SA1,238,2320
101.143
(4) (b)
Eligible costs. (intro.)
Eligible Except as provided in par. (c),
21eligible costs for an award under par. (a) include actual costs or, if the department
22establishes a
schedule usual and customary cost under par. (cm)
for an item, usual
23and customary costs for the following items
only:
SB45-SSA1-SA1,239,2
1101.143
(4) (c) 10. Costs incurred with respect to a discharge if sub. (3) (cg) 1.
2applies and remedial action is begun before approval is given under sub. (3) (cg) 1.
SB45-SSA1-SA1,239,54
101.143
(4) (c) 11. Costs that exceed the amount necessary to comply with sub.
5(3) (c) 3. and with enforcement standards using the least costly method.
SB45-SSA1-SA1,239,97
101.143
(4) (c) 12. Costs that are incurred after the date of a notice under sub.
8(3) (cw) 1. or 2. and that exceed the amount necessary to comply with sub. (3) (c) 3.
9and with enforcement standards using the method specified in the notice.
SB45-SSA1-SA1, s. 1986mm
10Section 1986mm. 101.143 (4) (cm) of the statutes is renumbered 101.143 (4)
11(cm) 1. and amended to read:
SB45-SSA1-SA1,239,2312
101.143
(4) (cm) 1. The department
may
shall establish a schedule of usual and
13customary costs for
any items under par. (b)
and may that are commonly associated
14with claims under this section. The department shall use that schedule to determine
15the amount of
a claimant's eligible costs
for an occurrence for which a competitive
16bidding process is not used, except in circumstances under which higher costs must
17be incurred to comply with sub. (3) (c) 3. and with enforcement standards. For an
18occurrence for which a competitive bidding process is used, the department may not
19use the schedule. In the schedule, the department shall specify the maximum
20number of reimbursable hours for particular tasks and the maximum reimbursable
21hourly rates for those tasks. The department shall use methods of data collection and
22analysis that enable the schedule to be revised to reflect changes in actual costs. This
23subdivision does not apply after June 30, 2001.
SB45-SSA1-SA1,240,4
1101.143
(4) (cm) 2. The department may establish a schedule of usual and
2customary costs for any items under par. (b) and may use that schedule to determine
3the amount of a claimant's eligible costs. This subdivision applies after June 30,
42001.
SB45-SSA1-SA1,240,166
101.143
(4) (d) 2. (intro.) The department shall issue the award under this
7paragraph without regard to fault in an amount equal to the amount of the eligible
8costs that exceeds a deductible amount of
$2,500 plus 5% of the eligible costs 100%
9of the amount by which eligible costs exceed $18,750 but do not exceed $21,250, plus
1010% of the amount by which eligible costs exceed $21,250 but do not exceed $40,000,
11plus 5% of the amount by which eligible costs exceed $40,000, but not more than
12$7,500 per occurrence, except that the deductible amount for a petroleum product
13storage system that is owned by a school district or a technical college district and
14that is used for storing heating oil for consumptive use on the premises is 25% of
15eligible costs. An award issued under this paragraph may not exceed the following
16for each occurrence:".
SB45-SSA1-SA1,241,422
101.143
(11) Annual report. No later than October 1 annually, the department
23of commerce and the department of natural resources shall submit to the joint
24legislative audit committee, to the joint committee on finance and to the appropriate
1standing committees of the legislature, under s. 13.172 (3), a report on the program
2under this section for the fiscal year ending on June 30 of the year in which the report
3is submitted. The departments shall include all of the following information in the
4report:
SB45-SSA1-SA1,241,65
(a) The number of notices received under sub. (3) (a) 3. and the number of
6approvals given under sub. (3) (c) 4.
SB45-SSA1-SA1,241,77
(b) The percentage of sites classified as high priority under s. 101.144 (3m).
SB45-SSA1-SA1,241,108
(c) The name of each person providing engineering consulting services to a
9claimant under this section and the number of claimants to whom the person has
10provided those services.
SB45-SSA1-SA1,241,1211
(d) The charges for engineering consulting services for sites for which
12approvals are given under sub. (3) (c) 4. and for other sites.
SB45-SSA1-SA1,241,1513
(e) The charges by service providers other than engineering consultants for
14services for which reimbursement is provided under this section, including
15excavating, hauling, laboratory testing and landfill disposal.
SB45-SSA1-SA1,241,1816
(f) Strategies for recording and monitoring complaints of fraud in the program
17under this section and for the use of employes of the department of commerce who
18conduct audits to identify questionable claims and investigate complaints.".
SB45-SSA1-SA1,241,22
20838. Page 1038, line 12: delete lines 12 and 13 and substitute "granted under
21s. 101.65 (1) (a) jointly under s. 101.65 (1) (b), unless any of the following conditions
22are met:".
SB45-SSA1-SA1,242,4
2841. Page 1038, line 19: delete that line and substitute: "(b) The municipality
3adopts a resolution determining not to exercise jurisdiction over the construction and
4inspection".
SB45-SSA1-SA1,242,14
11"(c) Under sub. (3) (b), the department enforces this subchapter or an ordinance
12enacted under s. 101.65 (1) (a) throughout the municipality and provides inspection
13services in the municipality to administer and enforce this subchapter or an
14ordinance enacted under s. 101.65 (1) (a).".
SB45-SSA1-SA1,242,1817
101.651
(3) (title)
Departmental and county authority in municipalities;
18generally.".
SB45-SSA1-SA1,242,21
20"
Section 1998ax. 101.651 (3) of the statutes is renumbered 101.651 (3) (a) and
21amended to read:
SB45-SSA1-SA1,242,2322
101.651
(3) (a) Except as provided in
par. (b) or sub. (3m)
or (3s), the department
23or a county may not enforce".
SB45-SSA1-SA1,243,63
101.651
(3) (b) The department shall provide inspection services and shall
4enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout
5any municipality that does not exercise jurisdiction under sub. (2m) and that has not
6adopted a resolution under sub. (2m) (a) or (b).".
SB45-SSA1-SA1,243,9
8"
Section 2002c. 102.27 (2) (a) of the statutes, as affected by 1999 Wisconsin
9Act .... (this act), is amended to read:
SB45-SSA1-SA1,243,1210
102.27
(2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e),
11301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c)
,
or 767.265 (1) or (2m)
, 767.51 (3m) (c)
12or 767.62 (4) (b) 3.".
SB45-SSA1-SA1,244,215
103.49
(3) (ar) In determining prevailing wage rates under par. (a) or (am)
for
16building, residential or agricultural projects, the department may not use data from
17projects that are subject to this section, s. 66.293 or 103.50 or
40 USC 276a. In
18determining prevailing wage rates for projects involving the use of heavy equipment, 19unless the department determines that there is insufficient wage data in the area
20to determine those prevailing wage rates, in which case the department may use data
21from projects that are subject to this section, s. 66.293 or 103.50 or
40 USC 276a.
The
22department may also use data from a project that is subject to this section, s. 66.293
23or 103.50 or 40 USC 276a in determining prevailing wage rates under par. (a) or (am)
1if the department determines that the wage rate paid on that project is higher than
2the prevailing wage rate determined for that project.".
SB45-SSA1-SA1,244,17
6106.12 Division of connecting education and work. Based on the
7recommendations of the governor's council on workforce excellence, the The division
8of connecting education and work shall plan, coordinate, administer and implement
9the department's workforce excellence initiatives, programs, policies and funding,
10the youth apprenticeship and school-to-work programs under s. 106.13 and such
11other employment and education programs as the governor may by executive order
12assign to the division. Notwithstanding any limitations placed on the use of state
13employment and education funds under this section or s. 106.13, 106.14, 106.15,
14106.20 or 106.21 or under an executive order assigning an employment and
15education program to the division, the secretary may issue a general or special order
16waiving any of those limitations on finding that the waiver will promote the
17coordination of employment and education services.".