Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,749,2 101.01 (12) "Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show or a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s. 50.01 (1).".

SB55-ASA1-AA1,749,3 1373. Page 891, line 4: after that line insert:

SB55-ASA1-AA1,749,5 " Section 2449d. 101.10 (2) of the statutes, as created by 2001 Wisconsin Act 3, is amended to read:

SB55-ASA1-AA1,749,18 101.10 (2) Rules. The department shall promulgate rules that prescribe reasonable standards relating to the safe storage and handling of anhydrous ammonia. The rules shall prescribe standards for the design, construction, repair, alteration, location, installation, inspection, and operation of anhydrous ammonia equipment. The Except as otherwise provided in this subsection, the rules promulgated under this subsection do not apply to ammonia manufacturing plants, refrigeration plants where ammonia is used solely as a refrigerant, facilities where ammonia is used in pollution control devices or is manufactured, electric generating or cogenerating facilities where ammonia is used as a refrigerant, and ammonia transportation pipelines. If ammonia is used on the premises of a facility or plant described under this subsection for a purpose or in a manner that is not related to the applicable exemption from the rules promulgated under this subsection, the exemption does not apply to that use.".

SB55-ASA1-AA1,749,19 1374. Page 891, line 4: after that line insert:

SB55-ASA1-AA1,749,20 " Section 2449d. 101.1205 (1) of the statutes is amended to read:

SB55-ASA1-AA1,749,24 101.1205 (1) The department, in consultation with the department of natural resources environmental quality, shall establish statewide standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment.".

SB55-ASA1-AA1,750,1 1375. Page 892, line 24: after that line insert:

SB55-ASA1-AA1,750,2 " Section 2463t. 101.143 (1) (am) of the statutes is amended to read:

SB55-ASA1-AA1,750,6 101.143 (1) (am) "Case closure letter" means a letter provided by the department of natural resources environmental management that states that, based on information available to the department of natural resources environmental management, no further remedial action is necessary with respect to a discharge.".

SB55-ASA1-AA1,750,7 1376. Page 893, line 2: after that line insert:

SB55-ASA1-AA1,750,8 " Section 2464g. 101.143 (2) (h) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,750,12 101.143 (2) (h) (intro.) The department of commerce and the department of natural resources environmental management, jointly, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:

SB55-ASA1-AA1, s. 2464j Section 2464j. 101.143 (2) (h) 3. of the statutes is amended to read:

SB55-ASA1-AA1,750,16 101.143 (2) (h) 3. Review procedures that must be followed by employees of the department of natural resources environmental management and the department of commerce in reviewing the information submitted under subd. 1.

SB55-ASA1-AA1, s. 2464L Section 2464L. 101.143 (2) (i) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,750,23 101.143 (2) (i) (intro.) The department of commerce and the department of natural resources environmental management, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employees of the department of commerce and the department of natural resources environmental management while remedial actions are being conducted. The departments shall specify procedures that include all of the following:

SB55-ASA1-AA1, s. 2464n Section 2464n. 101.143 (2) (j) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,751,3 101.143 (2) (j) (intro.) The department of commerce and the department of natural resources environmental management, jointly, shall promulgate rules specifying all of the following:

SB55-ASA1-AA1, s. 2464p Section 2464p. 101.143 (2) (j) 1. of the statutes is amended to read:

SB55-ASA1-AA1,751,7 101.143 (2) (j) 1. The conditions under which employees of the department of commerce and the department of natural resources environmental management must issue approvals under sub. (3) (c) 4.

SB55-ASA1-AA1, s. 2464q Section 2464q. 101.143 (2) (k) of the statutes is amended to read:

SB55-ASA1-AA1,751,21 101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of commerce and the department of natural resources environmental management shall attempt to reach an agreement that is consistent with those provisions. If the department of commerce and the department of natural resources environmental management 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 environmental management, jointly, shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources environmental management under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

SB55-ASA1-AA1, s. 2465b Section 2465b. 101.143 (2e) of the statutes is amended to read:

SB55-ASA1-AA1,752,3 101.143 (2e) Risk-based analysis. (a) The department of commerce and the department of natural resources environmental management shall attempt to agree on a method, which shall include individualized consideration of the routes for migration of petroleum product contamination at each site, 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.

SB55-ASA1-AA1,752,14 (b) If the department of commerce and the department of natural resources environmental management 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 environmental management, jointly, shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources environmental management under par. (a) and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

SB55-ASA1-AA1,752,19 (c) The department of natural resources environmental management 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.

SB55-ASA1-AA1, s. 2465e Section 2465e. 101.143 (2m) of the statutes is amended to read:

SB55-ASA1-AA1,753,2 101.143 (2m) Interdepartmental coordination. Whenever the department of commerce receives a notification under sub. (3) (a) 3. or the department of natural resources environmental management receives a notification of a petroleum product discharge under s. 292.11, the department receiving the notification shall contact the other department and shall schedule a meeting of the owner or operator or person owning a home oil tank system and representatives of both departments.

SB55-ASA1-AA1, s. 2465g Section 2465g. 101.143 (3) (a) 5. of the statutes is amended to read:

SB55-ASA1-AA1,753,7 101.143 (3) (a) 5. The owner or operator or the person reports the discharge in a timely manner to the division of emergency management in the department of military affairs or to the department of natural resources environmental management, according to the requirements under s. 292.11.

SB55-ASA1-AA1, s. 2465k Section 2465k. 101.143 (3) (a) 9. of the statutes is amended to read:

SB55-ASA1-AA1,753,14 101.143 (3) (a) 9. The owner or operator or the person follows standards for groundwater restoration in the groundwater standards in the rules promulgated by the department of natural resources environmental management under ss. 160.07 and 160.09 and restores the environment, to the extent practicable, according to those standards at the site of the discharge from a petroleum product storage system or home oil tank system.

SB55-ASA1-AA1, s. 2466b Section 2466b. 101.143 (3) (c) 4. of the statutes is amended to read:

SB55-ASA1-AA1,753,19 101.143 (3) (c) 4. Receive written approval from the department of natural resources environmental management or, if the discharge is covered under s. 101.144 (2) (b), from the department of commerce that the remedial action activities performed under subd. 3. meet the requirements of s. 292.11.

SB55-ASA1-AA1, s. 2467b Section 2467b. 101.143 (3) (cm) of the statutes is amended to read:

SB55-ASA1-AA1,754,2 101.143 (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 environmental management 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 natural attenuation of petroleum product contamination.

SB55-ASA1-AA1, s. 2467d Section 2467d. 101.143 (3) (cp) 1. of the statutes is amended to read:

SB55-ASA1-AA1,754,9 101.143 (3) (cp) 1. Except as provided in subds. 2. to 5., if the department of natural resources environmental management 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 $60,000, the department of commerce shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).

SB55-ASA1-AA1, s. 2467e Section 2467e. 101.143 (3) (cp) 2. of the statutes is amended to read:

SB55-ASA1-AA1,754,15 101.143 (3) (cp) 2. The department of commerce or the department of natural resources environmental management 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.

SB55-ASA1-AA1, s. 2467g Section 2467g. 101.143 (3) (cp) 5. of the statutes is amended to read:

SB55-ASA1-AA1,754,19 101.143 (3) (cp) 5. The department of commerce or the department of natural resources environmental management may waive the requirement under subd. 1. after providing notice to the other department.

SB55-ASA1-AA1, s. 2467k Section 2467k. 101.143 (3) (cs) 2. of the statutes is amended to read:

SB55-ASA1-AA1,755,3 101.143 (3) (cs) 2. The department of natural resources environmental management and the department of commerce shall review the remedial action plan for a site that is classified as high risk under s. 101.144 and shall jointly determine the least costly method of complying with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their 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.

SB55-ASA1-AA1, s. 2467L Section 2467L. 101.143 (3) (cs) 3. of the statutes is amended to read:

SB55-ASA1-AA1,755,8 101.143 (3) (cs) 3. In making determinations under subds. 1. and 2., the department of natural resources environmental management and the department of commerce shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

SB55-ASA1-AA1, s. 2467n Section 2467n. 101.143 (3) (cs) 4. of the statutes is amended to read:

SB55-ASA1-AA1,755,16 101.143 (3) (cs) 4. The department of commerce may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions. The department of commerce and the department of natural resources environmental management may review and modify an amount established under subd. 2. if the departments determine that new circumstances, including newly discovered contamination at a site, warrant those actions.

SB55-ASA1-AA1, s. 2467q Section 2467q. 101.143 (3) (cw) 2. of the statutes is amended to read:

SB55-ASA1-AA1,756,2 101.143 (3) (cw) 2. The department of natural resources environmental management and the department of commerce shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144 and shall jointly determine the least costly method of completing remedial action at the site in order to comply with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method and shall notify the owner or operator that reimbursement under this section for remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

SB55-ASA1-AA1, s. 2467r Section 2467r. 101.143 (3) (cw) 3. of the statutes is amended to read:

SB55-ASA1-AA1,756,7 101.143 (3) (cw) 3. In making determinations under subds. 1. and 2., the department of natural resources environmental management and the department of commerce shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

SB55-ASA1-AA1, s. 2467s Section 2467s. 101.143 (3) (cw) 4. of the statutes is amended to read:

SB55-ASA1-AA1,756,15 101.143 (3) (cw) 4. The department of commerce may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions. The department of commerce and the department of natural resources environmental management may review and modify an amount established under subd. 2. if the departments determine that new circumstances, including newly discovered contamination at a site, warrant those actions.

SB55-ASA1-AA1, s. 2468b Section 2468b. 101.143 (3) (d) of the statutes is amended to read:

SB55-ASA1-AA1,756,21 101.143 (3) (d) Final review of remedial action activities. The department of natural resources environmental management or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.

SB55-ASA1-AA1, s. 2468d Section 2468d. 101.143 (3) (e) of the statutes is amended to read:

SB55-ASA1-AA1,756,25 101.143 (3) (e) Notifications. The department of natural resources environmental management shall notify the department when it gives a claimant written approval under par. (c) 4.

SB55-ASA1-AA1, s. 2468f Section 2468f. 101.143 (3) (f) 5. of the statutes is amended to read:

SB55-ASA1-AA1,757,3 101.143 (3) (f) 5. The written approval of the department of natural resources environmental management or the department of commerce under par. (c) 4.

SB55-ASA1-AA1, s. 2468h Section 2468h. 101.143 (3) (g) of the statutes is amended to read:

SB55-ASA1-AA1,757,14 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1. and 2., an owner or operator or the person may submit a claim for an award under sub. (4) after notifying the department under par. (a) 3., without completing an investigation under par. (c) 1. and without preparing a remedial action plan under par. (c) 2. if an emergency existed which made the investigation under par. (c) 1. and the remedial action plan under par. (c) 2. inappropriate, and, before conducting remedial action, the owner or operator or person notified the department of commerce and the department of natural resources environmental management of the emergency and the department of commerce and the department of natural resources environmental management authorized emergency action.".

SB55-ASA1-AA1,757,15 1377. Page 896, line 22: after that line insert:

SB55-ASA1-AA1,757,17 " Section 2478b. 101.143 (4) (ei) 1. a. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,758,4 101.143 (4) (ei) 1. a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land, on which the farm tank is located, which is devoted primarily to agricultural use, as defined in s. 91.01 (1), including land designated by the department of natural resources fish, wildlife, parks, and forestry as part of the ice age trail under s. 23.17, which during the year preceding submission of a first claim under sub. (3) produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that submission produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that submission, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.".

SB55-ASA1-AA1,758,5 1378. Page 897, line 4: after that line insert:

SB55-ASA1-AA1,758,7 " Section 2481b. 101.143 (4) (ei) 1m. b. of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,758,19 101.143 (4) (ei) 1m. b. The claim is submitted by a person who, at the time that the notification was made under sub. (3) (a) 3., was the owner of the farm tank and owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or was located, which was devoted primarily to agricultural use, as defined in s. 91.01 (1), including land designated by the department of natural resources fish, wildlife, parks, and forestry as part of the ice age trail under s. 23.17, which during the year preceding that notification produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that notification, produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that notification, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.".

SB55-ASA1-AA1,758,20 1379. Page 897, line 20: after that line insert:

SB55-ASA1-AA1,758,22 " Section 2482d. 101.143 (4) (ei) 2m. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,759,3 101.143 (4) (ei) 2m. The owner or operator of the farm tank has received a letter or notice from the department of commerce or department of natural resources environmental management indicating that the owner or operator must conduct a site investigation or remedial action because of a discharge from the farm tank or an order to conduct such an investigation or remedial action.

SB55-ASA1-AA1, s. 2482h Section 2482h. 101.143 (4) (es) 1. of the statutes is amended to read:

SB55-ASA1-AA1,759,11 101.143 (4) (es) 1. The department shall issue an award for a claim filed after August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987, by an owner or operator or a person owning a home oil tank system in investigating the existence of a discharge or investigating the presence of petroleum products in soil or groundwater if the investigation is undertaken at the written direction of the department of commerce or the department of natural resources environmental management and no discharge or contamination is found.".

SB55-ASA1-AA1,759,12 1380. Page 898, line 11: after that line insert:

SB55-ASA1-AA1,759,13 " Section 2484b. 101.143 (8) (b) of the statutes is amended to read:

SB55-ASA1-AA1,759,16 101.143 (8) (b) Review and advise the secretary and the secretary of natural resources environmental management on the implementation of the petroleum product remedial action program established under this section.".

SB55-ASA1-AA1,759,17 1381. Page 898, line 20: after that line insert:

SB55-ASA1-AA1,759,18 " Section 2485v. 101.143 (11) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,759,24 101.143 (11) Reports. (intro.) No later than each January 1 and July 1, the department of commerce and the department of natural resources environmental management shall submit to the governor, to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, under s. 13.172 (3), a report on the program under this section. The departments shall include all of the following information in the report:

SB55-ASA1-AA1, s. 2487b Section 2487b. 101.144 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,760,10 101.144 (2) (a) The department shall administer a program under which responsible persons investigate, and take remedial action in response to, those discharges of petroleum products from petroleum storage tanks that are covered under par. (b). The department may issue an order requiring a responsible person to take remedial action in response to a discharge of a petroleum product from a petroleum storage tank if the discharge is covered under par. (b). In administering this section, the department shall follow rules promulgated by the department of natural resources environmental management for the cleanup of discharges of hazardous substances.

SB55-ASA1-AA1, s. 2489b Section 2489b. 101.144 (3) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,760,15 101.144 (3) (intro.) The department of natural resources environmental management may take action under s. 292.11 (7) (a) or may issue an order under s. 292.11 (7) (c) in response to a discharge that is covered under sub. (2) (b) only if one or more of the following apply:

SB55-ASA1-AA1, s. 2489d Section 2489d. 101.144 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,760,18 101.144 (3) (b) The department of commerce requests the department of natural resources environmental management to take the action or issue the order.

SB55-ASA1-AA1, s. 2489f Section 2489f. 101.144 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,760,21 101.144 (3) (c) The secretary of natural resources environmental management approves the action or order in advance after notice to the secretary of commerce.

SB55-ASA1-AA1, s. 2489h Section 2489h. 101.144 (3) (d) of the statutes is amended to read: