AB40-ASA1,934,1612
100.60
(1) (b) 2. Any other fuel that can substitute for petroleum-based diesel
13fuel, that is derived from a renewable resource, that meets all of the applicable
14requirements of the American Society for Testing and Materials for that fuel, and
15that the department of
commerce safety and professional services designates as a
16diesel-replacement renewable fuel under sub. (7) (a).
AB40-ASA1,934,2218
100.60
(1) (c) 2. Any other fuel that can substitute for gasoline, that is derived
19from a renewable resource, that meets all of the applicable requirements of the
20American Society for Testing and Materials for that fuel, and that the department
21of
commerce safety and professional services designates as a gasoline-replacement
22renewable fuel under sub. (7) (b).
AB40-ASA1,935,324
100.60
(3) (a) Annually, beginning in 2011, the department, in cooperation with
25and with assistance from the department of
commerce,
safety and professional
1services and the department of revenue,
and the office of energy independence, shall
2determine whether the annual goals for sales of renewable fuels in sub. (2) (b) and
3(c), for the previous year, were met in the state in that year.
AB40-ASA1,935,145
100.60
(6) (a) The department shall consult with the department of
commerce, 6safety and professional services and the department of revenue
, and the office of
7energy independence to determine if information necessary to make a determination
8under sub. (3) (a) or an assessment under sub. (4) is being collected by these agencies
9under laws in effect on June 2, 2010. If the information is not being collected, the
10department may request the department of
commerce,
safety and professional
11services and the department of revenue
, or the office of energy independence to
12collect the information if collection by one of these agencies is more cost-effective for
13state government and less burdensome for the persons subject to the reporting
14requirements than collection of the information by the department.
AB40-ASA1,935,1716
100.60
(7) (title)
Department of commerce safety and professional services
17authority.
AB40-ASA1,935,2319
100.60
(7) (a) The department of
commerce safety and professional services 20may promulgate a rule designating a fuel that can substitute for petroleum-based
21diesel fuel, that is derived from a renewable resource, and that meets all of the
22applicable requirements of the American Society for Testing and Materials for that
23fuel as a diesel-replacement renewable fuel for the purposes of this section.
AB40-ASA1,936,5
1100.60
(7) (b) The department of
commerce safety and professional services 2may promulgate a rule designating a fuel that can substitute for gasoline, that is
3derived from a renewable resource, and that meets all of the applicable requirements
4of the American Society for Testing and Materials for that fuel as a
5gasoline-replacement renewable fuel for the purposes of this section.
AB40-ASA1,936,108
DEPARTMENT OF
COMMERCE safety and
9
professional services — regulation of
10
industry, buildings and safety
AB40-ASA1,936,1312
101.01
(1m) "Department" means the department of
commerce safety and
13professional services.
AB40-ASA1,936,1615
101.01
(14) "Secretary" means the secretary of
commerce safety and
16professional services.
AB40-ASA1,936,2518
101.02
(18m) The department may perform, or contract for the performance
19of, testing of petroleum products other than testing provided under ch. 168. The
20department may establish a schedule of fees for such petroleum product testing
21services. The department shall credit all revenues received from fees established
22under this subsection to the appropriation account under s.
20.143 (3) 20.165 (2) (ga).
23Revenues from fees established under this subsection may be used by the
24department to pay for testing costs, including laboratory supplies and equipment
25amortization, for such products.
AB40-ASA1,937,82
101.02
(20) (a) For purposes of this subsection, "license" means a license,
3permit, or certificate of certification or registration issued by the department under
4ss. 101.09 (3) (c), 101.122 (2) (c),
101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e),
5101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653,
6101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952,
7101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17,
8145.175, 145.18, or 167.10 (6m).
AB40-ASA1,937,1910
101.02
(20) (b) Except as provided in par. (e), the department of
commerce 11safety and professional services may not issue or renew a license unless each
12applicant who is an individual provides the department of
commerce safety and
13professional services with his or her social security number and each applicant that
14is not an individual provides the department of
commerce safety and professional
15services with its federal employer identification number. The department of
16commerce safety and professional services may not disclose the social security
17number or the federal employer identification number of an applicant for a license
18or license renewal except to the department of revenue for the sole purpose of
19requesting certifications under s. 73.0301.
AB40-ASA1,937,2321
101.02
(20) (c) The department of
commerce safety and professional services 22may not issue or renew a license if the department of revenue certifies under s.
2373.0301 that the applicant or licensee is liable for delinquent taxes.
AB40-ASA1,938,3
1101.02
(20) (d) The department of
commerce safety and professional services 2shall revoke a license if the department of revenue certifies under s. 73.0301 that the
3licensee is liable for delinquent taxes.
AB40-ASA1,938,105
101.02
(20) (e) 1. If an applicant who is an individual does not have a social
6security number, the applicant, as a condition of applying for or applying to renew
7a license shall submit a statement made or subscribed under oath or affirmation to
8the department of
commerce safety and professional services that the applicant does
9not have a social security number. The form of the statement shall be prescribed by
10the department of children and families.
AB40-ASA1,938,1812
101.02
(21) (a) In this subsection, "license" means a license, permit, or
13certificate of certification or registration issued by the department under s. 101.09
14(3) (c), 101.122 (2) (c),
101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g),
15101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6),
16101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3),
17145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or
18167.10 (6m).
AB40-ASA1,939,320
101.02
(21) (b) As provided in the memorandum of understanding under s.
2149.857 and except as provided in par. (e), the department of
commerce safety and
22professional services may not issue or renew a license unless the applicant provides
23the department of
commerce safety and professional services with his or her social
24security number. The department of
commerce safety and professional services may
25not disclose the social security number except that the department of
commerce
1safety and professional services may disclose the social security number of an
2applicant for a license under par. (a) or a renewal of a license under par. (a) to the
3department of children and families for the sole purpose of administering s. 49.22.
AB40-ASA1,939,105
101.02
(21) (e) 1. If an applicant who is an individual does not have a social
6security number, the applicant, as a condition of applying for or applying to renew
7a license shall submit a statement made or subscribed under oath or affirmation to
8the department of
commerce safety and professional services that the applicant does
9not have a social security number. The form of the statement shall be prescribed by
10the department of children and families.
AB40-ASA1,939,1512
101.09
(1) (cm) "Secondary containment" means a barrier, approved by the
13department, that is installed around a storage tank system and that is designed to
14prevent a leak from a primary tank or piping from contacting the surrounding earth
15or waters of the state.
AB40-ASA1,939,1917
101.09
(3m) Secondary containment requirements. (a) In this subsection,
18"hazardous substance" means a combustible liquid, a flammable liquid, or a federally
19regulated hazardous substance.
AB40-ASA1,939,2420
(b) The department may not impose any requirement that specifies that pipe
21connections at the top of a storage tank and beneath all freestanding pumps and
22dispensers that routinely contain a hazardous substance be placed within secondary
23containment sumps, if the pipe connections were installed or in place on or before
24February 1, 2009. This subsection does not apply after December 31, 2020.
AB40-ASA1,940,2
1101.1206 (title)
Erosion control; construction of public buildings and
2buildings that are places of employment.
AB40-ASA1,940,85
101.143
(2) (d) The department shall reserve a portion, not to exceed 20%, of
6the amount annually appropriated under s.
20.143 (3)
20.165 (2) (v) for awards under
7this section to be used to fund emergency remedial action and claims that exceed the
8amount initially anticipated.
AB40-ASA1, s. 2339
9Section
2339. 101.143 (2) (h) (intro.) of the statutes is amended to read:
AB40-ASA1,940,1310
101.143
(2) (h) (intro.) The department of
commerce safety and professional
11services and the department of natural resources, jointly, shall promulgate rules
12designed to facilitate effective and cost-efficient administration of the program
13under this section that specify all of the following:
AB40-ASA1, s. 2340
14Section
2340. 101.143 (2) (i) (intro.) of the statutes is amended to read:
AB40-ASA1,940,2015
101.143
(2) (i) (intro.) The department of
commerce safety and professional
16services and the department of natural resources, jointly, shall promulgate rules
17specifying procedures for evaluating remedial action plans and procedures to be used
18by employees of the department of
commerce safety and professional services and the
19department of natural resources while remedial actions are being conducted. The
20departments shall specify procedures that include all of the following:
AB40-ASA1, s. 2341
21Section
2341. 101.143 (2) (j) (intro.) of the statutes is amended to read:
AB40-ASA1,940,2422
101.143
(2) (j) (intro.) The department of
commerce safety and professional
23services and the department of natural resources, jointly, shall promulgate rules
24specifying all of the following:
AB40-ASA1,941,13
1101.143
(2) (k) In promulgating rules under pars. (h) to (j), the department of
2commerce safety and professional services and the department of natural resources
3shall attempt to reach an agreement that is consistent with those provisions. If the
4department of
commerce safety and professional services and the department of
5natural resources are unable to reach an agreement, they shall refer the matters on
6which they are unable to agree to the secretary of administration for resolution. The
7secretary of administration shall resolve any matters on which the departments
8disagree in a manner that is consistent with pars. (h) to (j). The department of
9commerce safety and professional services and the department of natural resources,
10jointly, shall promulgate rules incorporating any agreement between the
11department of
commerce safety and professional services and the department of
12natural resources under this paragraph and any resolution of disagreements
13between the departments by the secretary of administration under this paragraph.
AB40-ASA1,941,1915
101.143
(2) (L) The department may promulgate rules for the assessment and
16collection of fees to recover its costs for providing approval under sub. (3) (c) 4. and
17for providing other assistance requested by applicants under this section. Any
18moneys collected under this paragraph shall be credited to the appropriation account
19under s.
20.143 (3) 20.165 (2) (Lm).
AB40-ASA1,942,221
101.143
(2e) (a) The department of
commerce safety and professional services 22and the department of natural resources shall attempt to agree on a method, which
23shall include individualized consideration of the routes for migration of petroleum
24product contamination at each site, for determining the risk to public health, safety
25and welfare and to the environment posed by discharges for which the department
1of
commerce safety and professional services receives notification under sub. (3) (a)
23.
AB40-ASA1,942,144
101.143
(2e) (b) If the department of
commerce safety and professional services 5and the department of natural resources are unable to reach an agreement under
6par. (a), they shall refer the matters on which they are unable to agree to the
7secretary of administration for resolution. The secretary of administration shall
8resolve any matters on which the departments disagree in a manner that is
9consistent with par. (a). The department of
commerce
safety and professional
10services and the department of natural resources, jointly, shall promulgate rules
11incorporating any agreement between the department of
commerce safety and
12professional services and the department of natural resources under par. (a) and any
13resolution of disagreements between the departments by the secretary of
14administration under this paragraph.
AB40-ASA1,942,2016
101.143
(2e) (c) The department of natural resources or, if the discharge is
17covered under s. 101.144 (2) (b), the department of
commerce safety and professional
18services shall apply the method in the rules promulgated under par. (b) to determine
19the risk posed by a discharge for which the department of
commerce safety and
20professional services receives notification under sub. (3) (a) 3.
AB40-ASA1,943,222
101.143
(2m) Interdepartmental coordination. Whenever the department of
23commerce safety and professional services receives a notification under sub. (3) (a)
243. or the department of natural resources receives a notification of a petroleum
25product discharge under s. 292.11, the department receiving the notification shall
1contact the other department and shall schedule a meeting of the owner or operator
2or person owning a home oil tank system and representatives of both departments.
AB40-ASA1,943,74
101.143
(3) (c) 4. Receive written approval from the department of natural
5resources or, if the discharge is covered under s. 101.144 (2) (b), from the department
6of
commerce safety and professional services that the remedial action activities
7performed under subd. 3. meet the requirements of s. 292.11.
AB40-ASA1,943,149
101.143
(3) (cm)
Monitoring as remedial action. An owner or operator or person
10owning a home oil tank system may, with the approval of the department of natural
11resources or, if the discharge is covered under s. 101.144 (2) (b), the department of
12commerce safety and professional services, satisfy the requirements of par. (c) 2. and
133. by proposing and implementing monitoring to ensure the effectiveness of natural
14attenuation of petroleum product contamination.
AB40-ASA1, s. 2350
15Section
2350. 101.143 (3) (cp) 1. of the statutes is amended to read:
AB40-ASA1,943,2216
101.143
(3) (cp) 1. Except as provided in subds. 2. to 5., if the department of
17natural resources or, if the site is covered under s. 101.144 (2) (b), the department of
18commerce safety and professional services estimates that the cost to complete a site
19investigation, remedial action plan and remedial action for an occurrence exceeds
20$60,000, the department of
commerce safety and professional services shall
21implement a competitive public bidding process to obtain information to assist in
22making the determination under par. (cs).
AB40-ASA1, s. 2351
23Section
2351. 101.143 (3) (cp) 2. of the statutes is amended to read:
AB40-ASA1,944,324
101.143
(3) (cp) 2. The department of
commerce safety and professional
25services or the department of natural resources may waive the requirement under
1subd. 1. if an enforcement standard is exceeded in groundwater within 1,000 feet of
2a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any
3other well used to provide water for human consumption.
AB40-ASA1,944,75
101.143
(3) (cp) 5. The department of
commerce safety and professional
6services or the department of natural resources may waive the requirement under
7subd. 1. after providing notice to the other department.
AB40-ASA1,944,139
101.143
(3) (cp) 6. The department of
commerce safety and professional
10services may disqualify a bid received under subd. 1. if, based on information
11available to the department and experience with remedial action at other sites, the
12bid is unlikely to establish an amount to sufficiently fund remedial action that will
13comply with par. (c) 3. and with enforcement standards.
AB40-ASA1, s. 2354
14Section
2354. 101.143 (3) (cp) 7. of the statutes is amended to read:
AB40-ASA1,944,1815
101.143
(3) (cp) 7. The department of
commerce safety and professional
16services may disqualify a person from submitting bids under subd. 1. if, based on past
17performance of the bidder, the department determines that the person has
18demonstrated an inability to complete remedial action within established cost limits.
AB40-ASA1, s. 2355
19Section
2355. 101.143 (3) (cs) 1. of the statutes is amended to read:
AB40-ASA1,945,220
101.143
(3) (cs) 1. The department of
commerce safety and professional
21services shall review the remedial action plan for a site that is classified as low or
22medium risk under s. 101.144 and shall determine the least costly method of
23complying with par. (c) 3. and with enforcement standards. The department shall
24notify the owner or operator of its determination of the least costly method and shall
1notify the owner or operator that reimbursement for remedial action under this
2section is limited to the amount necessary to implement that method.
AB40-ASA1,945,114
101.143
(3) (cs) 2. The department of natural resources and the department of
5commerce safety and professional services shall review the remedial action plan for
6a site that is classified as high risk under s. 101.144 and shall jointly determine the
7least costly method of complying with par. (c) 3. and with enforcement standards.
8The departments shall notify the owner or operator of their determination of the
9least costly method and shall notify the owner or operator that reimbursement for
10remedial action under this section is limited to the amount necessary to implement
11that method.
AB40-ASA1, s. 2357
12Section
2357. 101.143 (3) (cs) 3. of the statutes is amended to read:
AB40-ASA1,945,1613
101.143
(3) (cs) 3. In making determinations under subds. 1. and 2., the
14department of natural resources and the department of
commerce safety and
15professional services shall determine whether natural attenuation will achieve
16compliance with par. (c) 3. and with enforcement standards.
AB40-ASA1, s. 2358
17Section
2358. 101.143 (3) (cs) 4. of the statutes is amended to read:
AB40-ASA1,945,2518
101.143
(3) (cs) 4. The department of
commerce safety and professional
19services may review and modify an amount established under subd. 1. if the
20department determines that new circumstances, including newly discovered
21contamination at a site, warrant those actions. The department of
commerce safety
22and professional services and the department of natural resources may review and
23modify an amount established under subd. 2. if the departments determine that new
24circumstances, including newly discovered contamination at a site, warrant those
25actions.
