Amendment ASA1-AB40

AB40-ASA1,936,10 DEPARTMENT OF COMMERCE safety and professional services — regulation of industry, buildings and safety

AB40-ASA1, s. 2320 Section 2320. 101.01 (1m) of the statutes is amended to read:

AB40-ASA1,936,13 101.01 (1m) "Department" means the department of commerce safety and professional services.

AB40-ASA1, s. 2321 Section 2321. 101.01 (14) of the statutes is amended to read:

AB40-ASA1,936,16 101.01 (14) "Secretary" means the secretary of commerce safety and professional services.

AB40-ASA1, s. 2322 Section 2322. 101.02 (18m) of the statutes is amended to read:

AB40-ASA1,936,25 101.02 (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) 20.165 (2) (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.

AB40-ASA1, s. 2323 Section 2323. 101.02 (20) (a) of the statutes is amended to read:

AB40-ASA1,937,8 101.02 (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), 101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 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 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB40-ASA1, s. 2324 Section 2324. 101.02 (20) (b) of the statutes is amended to read:

AB40-ASA1,937,19 101.02 (20) (b) Except as provided in par. (e), the department of commerce safety and professional services may not issue or renew a license unless each applicant who is an individual provides the department of commerce safety and professional services with his or her social security number and each applicant that is not an individual provides the department of commerce safety and professional services with its federal employer identification number. The department of commerce safety and professional services may not disclose the social security number or the federal employer identification number of an applicant for a license or license renewal except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB40-ASA1, s. 2325 Section 2325. 101.02 (20) (c) of the statutes is amended to read:

AB40-ASA1,937,23 101.02 (20) (c) The department of commerce safety and professional services may not issue or renew a license if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

AB40-ASA1, s. 2326 Section 2326. 101.02 (20) (d) of the statutes is amended to read:

AB40-ASA1,938,3 101.02 (20) (d) The department of commerce safety and professional services shall revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.

AB40-ASA1, s. 2327 Section 2327. 101.02 (20) (e) 1. of the statutes is amended to read:

AB40-ASA1,938,10 101.02 (20) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of commerce safety and professional services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

AB40-ASA1, s. 2328 Section 2328. 101.02 (21) (a) of the statutes is amended to read:

AB40-ASA1,938,18 101.02 (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), 101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB40-ASA1, s. 2329 Section 2329. 101.02 (21) (b) of the statutes is amended to read:

AB40-ASA1,939,3 101.02 (21) (b) As provided in the memorandum of understanding under s. 49.857 and except as provided in par. (e), the department of commerce safety and professional services may not issue or renew a license unless the applicant provides the department of commerce safety and professional services with his or her social security number. The department of commerce safety and professional services may not disclose the social security number except that the department of commerce safety and professional services may disclose the social security number of an applicant for a license under par. (a) or a renewal of a license under par. (a) to the department of children and families for the sole purpose of administering s. 49.22.

AB40-ASA1, s. 2330 Section 2330. 101.02 (21) (e) 1. of the statutes is amended to read:

AB40-ASA1,939,10 101.02 (21) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license shall submit a statement made or subscribed under oath or affirmation to the department of commerce safety and professional services that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.

AB40-ASA1, s. 2330c Section 2330c. 101.09 (1) (cm) of the statutes is created to read:

AB40-ASA1,939,15 101.09 (1) (cm) "Secondary containment" means a barrier, approved by the department, that is installed around a storage tank system and that is designed to prevent a leak from a primary tank or piping from contacting the surrounding earth or waters of the state.

AB40-ASA1, s. 2330g Section 2330g. 101.09 (3m) of the statutes is created to read:

AB40-ASA1,939,19 101.09 (3m) Secondary containment requirements. (a) In this subsection, "hazardous substance" means a combustible liquid, a flammable liquid, or a federally regulated hazardous substance.

AB40-ASA1,939,24 (b) The department may not impose any requirement that specifies that pipe connections at the top of a storage tank and beneath all freestanding pumps and dispensers that routinely contain a hazardous substance be placed within secondary containment sumps, if the pipe connections were installed or in place on or before February 1, 2009. This subsection does not apply after December 31, 2020.

AB40-ASA1, s. 2331 Section 2331. 101.1206 (title) of the statutes is created to read:

AB40-ASA1,940,2 101.1206 (title) Erosion control; construction of public buildings and buildings that are places of employment.

AB40-ASA1, s. 2333 Section 2333. 101.136 of the statutes is repealed.

AB40-ASA1, s. 2338 Section 2338. 101.143 (2) (d) of the statutes is amended to read:

AB40-ASA1,940,8 101.143 (2) (d) The department shall reserve a portion, not to exceed 20%, of the amount annually appropriated under s. 20.143 (3) 20.165 (2) (v) for awards under this section to be used to fund emergency remedial action and claims that exceed the amount initially anticipated.

AB40-ASA1, s. 2339 Section 2339. 101.143 (2) (h) (intro.) of the statutes is amended to read:

AB40-ASA1,940,13 101.143 (2) (h) (intro.) The department of commerce safety and professional services 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:

AB40-ASA1, s. 2340 Section 2340. 101.143 (2) (i) (intro.) of the statutes is amended to read:

AB40-ASA1,940,20 101.143 (2) (i) (intro.) The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employees of the department of commerce safety and professional services and the department of natural resources while remedial actions are being conducted. The departments shall specify procedures that include all of the following:

AB40-ASA1, s. 2341 Section 2341. 101.143 (2) (j) (intro.) of the statutes is amended to read:

AB40-ASA1,940,24 101.143 (2) (j) (intro.) The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying all of the following:

AB40-ASA1, s. 2342 Section 2342. 101.143 (2) (k) of the statutes is amended to read:

AB40-ASA1,941,13 101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of commerce safety and professional services and the department of natural resources shall attempt to reach an agreement that is consistent with those provisions. If the department of commerce safety and professional services 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 safety and professional services and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of commerce safety and professional services 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.

AB40-ASA1, s. 2343 Section 2343. 101.143 (2) (L) of the statutes is amended to read:

AB40-ASA1,941,19 101.143 (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) 20.165 (2) (Lm).

AB40-ASA1, s. 2344 Section 2344. 101.143 (2e) (a) of the statutes is amended to read:

AB40-ASA1,942,2 101.143 (2e) (a) The department of commerce safety and professional services and the department of natural resources 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 safety and professional services receives notification under sub. (3) (a) 3.

AB40-ASA1, s. 2345 Section 2345. 101.143 (2e) (b) of the statutes is amended to read:

AB40-ASA1,942,14 101.143 (2e) (b) If the department of commerce safety and professional services 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 safety and professional services and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of commerce safety and professional services 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.

AB40-ASA1, s. 2346 Section 2346. 101.143 (2e) (c) of the statutes is amended to read:

AB40-ASA1,942,20 101.143 (2e) (c) The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce safety and professional services 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 safety and professional services receives notification under sub. (3) (a) 3.

AB40-ASA1, s. 2347 Section 2347. 101.143 (2m) of the statutes is amended to read:

AB40-ASA1,943,2 101.143 (2m) Interdepartmental coordination. Whenever the department of commerce safety and professional services receives a notification under sub. (3) (a) 3. or the department of natural resources 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.

AB40-ASA1, s. 2348 Section 2348. 101.143 (3) (c) 4. of the statutes is amended to read:

AB40-ASA1,943,7 101.143 (3) (c) 4. Receive written approval from the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), from the department of commerce safety and professional services that the remedial action activities performed under subd. 3. meet the requirements of s. 292.11.

AB40-ASA1, s. 2349 Section 2349. 101.143 (3) (cm) of the statutes is amended to read:

AB40-ASA1,943,14 101.143 (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 safety and professional services, 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.

AB40-ASA1, s. 2350 Section 2350. 101.143 (3) (cp) 1. of the statutes is amended to read:

AB40-ASA1,943,22 101.143 (3) (cp) 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 safety and professional services 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 safety and professional services shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).

AB40-ASA1, s. 2351 Section 2351. 101.143 (3) (cp) 2. of the statutes is amended to read:

AB40-ASA1,944,3 101.143 (3) (cp) 2. The department of commerce safety and professional services 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.

AB40-ASA1, s. 2352 Section 2352. 101.143 (3) (cp) 5. of the statutes is amended to read:

AB40-ASA1,944,7 101.143 (3) (cp) 5. The department of commerce safety and professional services or the department of natural resources may waive the requirement under subd. 1. after providing notice to the other department.

AB40-ASA1, s. 2353 Section 2353. 101.143 (3) (cp) 6. of the statutes is amended to read:

AB40-ASA1,944,13 101.143 (3) (cp) 6. The department of commerce safety and professional services 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.

AB40-ASA1, s. 2354 Section 2354. 101.143 (3) (cp) 7. of the statutes is amended to read:

AB40-ASA1,944,18 101.143 (3) (cp) 7. The department of commerce safety and professional services 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.

AB40-ASA1, s. 2355 Section 2355. 101.143 (3) (cs) 1. of the statutes is amended to read:

AB40-ASA1,945,2 101.143 (3) (cs) 1. The department of commerce safety and professional services 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.

AB40-ASA1, s. 2356 Section 2356. 101.143 (3) (cs) 2. of the statutes is amended to read:

AB40-ASA1,945,11 101.143 (3) (cs) 2. The department of natural resources and the department of commerce safety and professional services 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.

AB40-ASA1, s. 2357 Section 2357. 101.143 (3) (cs) 3. of the statutes is amended to read:

AB40-ASA1,945,16 101.143 (3) (cs) 3. In making determinations under subds. 1. and 2., the department of natural resources and the department of commerce safety and professional services shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB40-ASA1, s. 2358 Section 2358. 101.143 (3) (cs) 4. of the statutes is amended to read:

AB40-ASA1,945,25 101.143 (3) (cs) 4. The department of commerce safety and professional services 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 safety and professional services and the department of natural resources 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.

AB40-ASA1, s. 2359 Section 2359. 101.143 (3) (cw) 1. of the statutes is amended to read:

AB40-ASA1,946,10 101.143 (3) (cw) 1. The department of commerce safety and professional services shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as low or medium risk under s. 101.144 and shall 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 department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement under this section for any remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

AB40-ASA1, s. 2360 Section 2360. 101.143 (3) (cw) 2. of the statutes is amended to read:

AB40-ASA1,946,20 101.143 (3) (cw) 2. The department of natural resources and the department of commerce safety and professional services 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.

AB40-ASA1, s. 2361 Section 2361. 101.143 (3) (cw) 3. of the statutes is amended to read:

AB40-ASA1,946,25 101.143 (3) (cw) 3. In making determinations under subds. 1. and 2., the department of natural resources and the department of commerce safety and professional services shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB40-ASA1, s. 2362 Section 2362. 101.143 (3) (cw) 4. of the statutes is amended to read:

AB40-ASA1,947,9 101.143 (3) (cw) 4. The department of commerce safety and professional services 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 safety and professional services and the department of natural resources 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.

AB40-ASA1, s. 2363 Section 2363. 101.143 (3) (d) of the statutes is amended to read:

AB40-ASA1,947,15 101.143 (3) (d) Final review of remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce safety and professional services 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.

AB40-ASA1, s. 2364 Section 2364. 101.143 (3) (f) 5. of the statutes is amended to read:

AB40-ASA1,947,18 101.143 (3) (f) 5. The written approval of the department of natural resources or the department of commerce safety and professional services under par. (c) 4.

AB40-ASA1, s. 2365 Section 2365. 101.143 (3) (g) of the statutes is amended to read:

AB40-ASA1,948,4 101.143 (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 safety and professional services and the department of natural resources of the emergency and the department of commerce safety and professional services and the department of natural resources authorized emergency action.

AB40-ASA1, s. 2366 Section 2366. 101.143 (4) (a) 6. of the statutes is amended to read:

AB40-ASA1,948,8 101.143 (4) (a) 6. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.143 (3) 20.165 (2) (v) as awards for petroleum product storage systems described in par. (ei).