SB27-SSA1,973,74
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.
SB27-SSA1,973,149
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.
SB27-SSA1, s. 1475
15Section
1475. 101.143 (3) (cp) 1. of the statutes is amended to read:
SB27-SSA1,973,2216
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).
SB27-SSA1, s. 1476
23Section
1476. 101.143 (3) (cp) 2. of the statutes is amended to read:
SB27-SSA1,974,324
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.
SB27-SSA1,974,75
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.
SB27-SSA1,974,139
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.
SB27-SSA1, s. 1479
14Section
1479. 101.143 (3) (cp) 7. of the statutes is amended to read:
SB27-SSA1,974,1815
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.
SB27-SSA1, s. 1480
19Section
1480. 101.143 (3) (cs) 1. of the statutes is amended to read:
SB27-SSA1,975,220
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.
SB27-SSA1,975,114
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.
SB27-SSA1, s. 1482
12Section
1482. 101.143 (3) (cs) 3. of the statutes is amended to read:
SB27-SSA1,975,1613
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.
SB27-SSA1, s. 1483
17Section
1483. 101.143 (3) (cs) 4. of the statutes is amended to read:
SB27-SSA1,975,2518
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.
SB27-SSA1,976,102
101.143
(3) (cw) 1. The department of
commerce safety and professional
3services shall conduct the annual review required under sub. (2) (i) 1. for a site that
4is classified as low or medium risk under s. 101.144 and shall determine the least
5costly method of completing remedial action at the site in order to comply with par.
6(c) 3. and with enforcement standards. The department shall notify the owner or
7operator of its determination of the least costly method and shall notify the owner
8or operator that reimbursement under this section for any remedial action conducted
9after the date of the notice is limited to the amount necessary to implement that
10method.
SB27-SSA1, s. 1485
11Section
1485. 101.143 (3) (cw) 2. of the statutes is amended to read:
SB27-SSA1,976,2012
101.143
(3) (cw) 2. The department of natural resources and the department
13of
commerce safety and professional services shall conduct the annual review
14required under sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144
15and shall jointly determine the least costly method of completing remedial action at
16the site in order to comply with par. (c) 3. and with enforcement standards. The
17departments shall notify the owner or operator of their determination of the least
18costly method and shall notify the owner or operator that reimbursement under this
19section for remedial action conducted after the date of the notice is limited to the
20amount necessary to implement that method.
SB27-SSA1, s. 1486
21Section
1486. 101.143 (3) (cw) 3. of the statutes is amended to read:
SB27-SSA1,976,2522
101.143
(3) (cw) 3. In making determinations under subds. 1. and 2., the
23department of natural resources and the department of
commerce safety and
24professional services shall determine whether natural attenuation will achieve
25compliance with par. (c) 3. and with enforcement standards.
SB27-SSA1,977,92
101.143
(3) (cw) 4. The department of
commerce safety and professional
3services may review and modify an amount established under subd. 1. if the
4department determines that new circumstances, including newly discovered
5contamination at a site, warrant those actions. The department of
commerce safety
6and professional services and the department of natural resources may review and
7modify an amount established under subd. 2. if the departments determine that new
8circumstances, including newly discovered contamination at a site, warrant those
9actions.
SB27-SSA1,977,1511
101.143
(3) (d)
Final review of remedial action activities. The department of
12natural resources or, if the discharge is covered under s. 101.144 (2) (b), the
13department of
commerce safety and professional services shall complete a final
14review of the remedial action activities within 60 days after the claimant notifies the
15appropriate department that the remedial action activities are completed.
SB27-SSA1,977,1817
101.143
(3) (f) 5. The written approval of the department of natural resources
18or the department of
commerce safety and professional services under par. (c) 4.
SB27-SSA1,978,420
101.143
(3) (g)
Emergency situations. Notwithstanding pars. (a) 3. and (c) 1.
21and 2., an owner or operator or the person may submit a claim for an award under
22sub. (4) after notifying the department under par. (a) 3., without completing an
23investigation under par. (c) 1. and without preparing a remedial action plan under
24par. (c) 2. if an emergency existed which made the investigation under par. (c) 1. and
25the remedial action plan under par. (c) 2. inappropriate and, before conducting
1remedial action, the owner or operator or person notified the department of
2commerce safety and professional services and the department of natural resources
3of the emergency and the department of
commerce safety and professional services 4and the department of natural resources authorized emergency action.
SB27-SSA1,978,86
101.143
(4) (a) 6. In any fiscal year, the department may not award more than
75% of the amount appropriated under s.
20.143 (3)
20.165 (2) (v) as awards for
8petroleum product storage systems described in par. (ei).
SB27-SSA1,978,1310
101.143
(4) (a) 7. In any fiscal year, the department may not award more than
115% of the amount appropriated under s.
20.143 (3)
20.165 (2) (v) as awards for
12petroleum product storage systems that are owned by school districts and that are
13used for storing heating oil for consumptive use on the premises where stored.
SB27-SSA1, s. 1493
14Section
1493. 101.143 (4) (cc) 2. b. of the statutes is amended to read:
SB27-SSA1,978,1815
101.143
(4) (cc) 2. b. An applicant that is engaged in the expansion or
16redevelopment of brownfields, as defined in s.
560.13
238.13 (1) (a), if federal or state
17financial assistance other than under this section, has been provided for that
18expansion or redevelopment.
SB27-SSA1, s. 1494
19Section
1494. 101.143 (4) (ei) 2m. of the statutes is amended to read:
SB27-SSA1,978,2420
101.143
(4) (ei) 2m. The owner or operator of the farm tank has received a letter
21or notice from the department of
commerce safety and professional services or
22department of natural resources indicating that the owner or operator must conduct
23a site investigation or remedial action because of a discharge from the farm tank or
24an order to conduct such an investigation or remedial action.
SB27-SSA1, s. 1495
25Section
1495. 101.143 (4) (es) 1. of the statutes is amended to read:
SB27-SSA1,979,7
1101.143
(4) (es) 1. The department shall issue an award for a claim filed after
2August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987,
3by an owner or operator or a person owning a home oil tank system in investigating
4the existence of a discharge or investigating the presence of petroleum products in
5soil or groundwater if the investigation is undertaken at the written direction of the
6department of
commerce safety and professional services or the department of
7natural resources and no discharge or contamination is found.
SB27-SSA1,979,109
101.144
(3) (b) The department of
commerce safety and professional services 10requests the department of natural resources to take the action or issue the order.
SB27-SSA1,979,1312
101.144
(3) (c) The secretary of natural resources approves the action or order
13in advance after notice to the secretary of
commerce
safety and professional services.
SB27-SSA1,980,815
101.144
(3g) (a) If, on December 1, 1999, more than 35% of sites classified
16under this section, excluding sites that are contaminated by a hazardous substance
17other than a petroleum product or an additive to a petroleum product, are classified
18as high-risk sites, the department of
commerce safety and professional services and
19the department of natural resources shall attempt to reach an agreement that
20specifies standards for determining whether the site of a discharge of a petroleum
21product from a petroleum storage tank is classified as high risk. The standards shall
22be designed to classify no more than 35% of those sites as high-risk sites and may
23not classify all sites at which an enforcement standard is exceeded as high-risk sites.
24If the department of
commerce safety and professional services and the department
25of natural resources are unable to reach an agreement, they shall refer the matters
1on which they are unable to agree to the secretary of administration for resolution.
2The secretary of administration shall resolve any matters on which the departments
3disagree in a manner that is consistent with this paragraph. The department of
4commerce safety and professional services shall promulgate rules incorporating any
5agreement between the department of
commerce safety and professional services 6and the department of natural resources under this paragraph and any resolution
7of disagreements between the departments by the secretary of administration under
8this paragraph.
SB27-SSA1,980,1510
101.144
(3g) (b) If, 6 months after rules under par. (a) are in effect, more than
1135% of the sites classified under this section, excluding sites that are contaminated
12by a hazardous substance other than a petroleum product or an additive to a
13petroleum product, are classified as high-risk sites, the department of
commerce 14safety and professional services shall revise the rules using the procedure for
15promulgating the rules in par. (a).
SB27-SSA1, s. 1500
16Section
1500. 101.144 (3m) (a) (intro.) of the statutes is amended to read:
SB27-SSA1,980,1917
101.144
(3m) (a) (intro.) The department of
commerce safety and professional
18services and the department of natural resources shall enter into a memorandum of
19understanding that does all of the following:
SB27-SSA1,980,2521
101.144
(3m) (b) The department of
commerce safety and professional services 22and the department of natural resources shall submit a memorandum of
23understanding under this subsection to the secretary of administration for review.
24A memorandum of understanding under this subsection does not take effect until it
25is approved by the secretary of administration.
SB27-SSA1,981,122
101.149
(6) (b) The department shall promulgate rules, in consultation with
3the department of health services, under which the department of
commerce safety
4and professional services shall authorize certified heating, ventilating, and air
5conditioning inspectors to conduct regular inspections of sealed combustion units, as
6required under par. (5) (c), for carbon monoxide emissions in residential buildings
7other than hotels, tourist rooming houses, and bed and breakfast establishments.
8The rules shall specify conditions under which it may issue orders as specified under
9sub. (8) (a). The rules may not require the department of
commerce safety and
10professional services to authorize inspection of sealed combustion units during the
11period in which the sealed combustion units are covered by a manufacturer's
12warranty against defects.
SB27-SSA1,981,2214
101.149
(8) (a) If the department of
commerce safety and professional services 15or the department of health services determines after an inspection of a building
16under this section or s. 254.74 (1g) that the owner of the building has violated sub.
17(2) or (3), the respective department shall issue an order requiring the person to
18correct the violation within 5 days or within such shorter period as the respective
19department determines is necessary to protect public health and safety. If the person
20does not correct the violation within the time required, he or she shall forfeit $50 for
21each day of violation occurring after the date on which the respective department
22finds that the violation was not corrected.
SB27-SSA1,982,224
101.19
(1) (k) Administering subch. VII, except that the department may not
25charge a fee for an emergency elevator mechanic's license under s. 101.985 (2) (c)
or
1a conveyance operation permit under s. 101.983 (2) for a platform lift, stairway chair
2lift, or any other lift in a private residence.
SB27-SSA1,982,204
101.563
(2) (b) 1. `Payments from calendar year 2001 dues.' Notwithstanding
5s. 101.573 (3) (a), by the 30th day following July 30, 2002, the department shall
6compile the fire department dues paid by all insurers under s. 601.93 and the dues
7paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573
8(3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%, and
9certify to the secretary of administration the proper amount to be paid from the
10appropriation under s.
20.143 (3) 20.165 (2) (L) to each city, village, and town entitled
11to a proportionate share of fire department dues as provided under sub. (1) (b) and
12s. 101.575. If the department has previously certified an amount to the secretary of
13administration under s. 101.573 (3) (a) during calendar year 2002, the department
14shall recertify the amount in the manner provided under this subdivision. On or
15before August 1, 2002, the secretary of administration shall pay the amounts
16certified or recertified by the department under this subdivision to each city, village,
17and town entitled to a proportionate share of fire department dues as provided under
18sub. (1) and s. 101.575. The secretary of administration may combine any payment
19due under this subdivision with any amount due to be paid on or before August 1,
202002, to the same city, village, or town under par. (a).
SB27-SSA1,983,822
101.563
(2) (b) 2. `Payments from dues for calendar years 2002 to 2004.'
23Notwithstanding s. 101.573 (3) (a) and except as otherwise provided in this
24subdivision, on or before May 1 in each year, the department shall compile the fire
25department dues paid by all insurers under s. 601.93 and the dues paid by the state
1fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold
20.5% and certify to the secretary of administration the proper amount to be paid from
3the appropriation under s.
20.143 (3) 20.165 (2) (L) to each city, village, and town
4entitled to a proportionate share of fire department dues as provided under sub. (1)
5(b) and s. 101.575. Annually, on or before August 1, the secretary of administration
6shall pay the amounts certified by the department to each such city, village, and
7town. This paragraph applies only to payment of a proportionate share of fire
8department dues collected for calendar years 2002 to 2004.
SB27-SSA1,983,1710
101.573
(3) (a) On or before May 1 in each year, the department shall compile
11the fire department dues paid by all insurers under s. 601.93 and the dues paid by
12the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5%
13and certify to the secretary of administration the proper amount to be paid from the
14appropriation under s.
20.143 (3) 20.165 (2) (L) to each city, village, or town entitled
15to fire department dues under s. 101.575. Annually, on or before August 1, the
16secretary of administration shall pay the amounts certified by the department to the
17cities, villages and towns eligible under s. 101.575.
SB27-SSA1,983,2019
101.573
(5) The department shall promulgate a rule defining "administrative
20expenses" for purposes of s.
20.143 (3) 20.165 (2) (La).
SB27-SSA1,983,2522
101.657
(5) From the appropriation under s.
20.143 (3) 20.165 (2) (j), beginning
23with fiscal year 2005-06, the department shall allocate $100,000 annually for the
24contract required under sub. (2) and at least $600,000 annually for the contract
25required under sub. (3).
SB27-SSA1,984,52
101.935
(2) (e) Section 254.69 (2), as it applies to an agent for the department
3of health services in the administration of s. 254.47, applies to an agent for the
4department of
commerce safety and professional services in the administration of
5this section.
SB27-SSA1,984,147
101.951
(7) (a) The department of
commerce safety and professional services 8may, without notice, deny the application for a license within 60 days after receipt
9thereof by written notice to the applicant, stating the grounds for the denial. Within
1030 days after such notice, the applicant may petition the department of
11administration to conduct a hearing to review the denial, and a hearing shall be
12scheduled with reasonable promptness. The division of hearings and appeals shall
13conduct the hearing. This paragraph does not apply to denials of applications for
14licenses under s. 101.02 (21).
SB27-SSA1,985,316
101.951
(7) (b) No license may be suspended or revoked except after a hearing
17thereon. The department of
commerce safety and professional services shall give the
18licensee at least 5 days' notice of the time and place of the hearing. The order
19suspending or revoking such license shall not be effective until after 10 days' written
20notice thereof to the licensee, after such hearing has been had; except that the
21department of
commerce safety and professional services, when in its opinion the
22best interest of the public or the trade demands it, may suspend a license upon not
23less than 24 hours' notice of hearing and with not less than 24 hours' notice of the
24suspension of the license. Matters involving suspensions and revocations brought
25before the department of
commerce safety and professional services shall be heard
1and decided upon by the department of administration. The division of hearings and
2appeals shall conduct the hearing. This paragraph does not apply to licenses that
3are suspended or revoked under s. 101.02 (21).
SB27-SSA1,985,105
101.951
(7) (c) The department of
commerce safety and professional services 6may inspect the pertinent books, records, letters and contracts of a licensee. The
7actual cost of each such examination shall be paid by such licensee so examined
8within 30 days after demand therefor by the department, and the department may
9maintain an action for the recovery of such costs in any court of competent
10jurisdiction.
SB27-SSA1,985,1512
101.953
(1) (a) A statement that the manufactured home meets those
13standards prescribed by law or administrative rule of the department of
14administration or of the department of
commerce safety and professional services 15that are in effect at the time of the manufacture of the manufactured home.
SB27-SSA1,985,1817
101.973
(8) Deposit the moneys received from the fees under sub. (7) in the
18appropriation under s.
20.143 (3) 20.165 (2) (j).
SB27-SSA1,986,220
101.981
(1) (c) "Conveyance" means an elevator, an escalator, a dumbwaiter,
21a belt manlift, a moving walkway, a platform lift,
a personnel hoist, a material hoist 22and a stairway chair lift, and any other similar device, such as an automated people
23mover, used to elevate or move people or things, as provided in the rules of the
24department. "Conveyance" does not include a
personnel hoist; a material hoist; a 25grain elevator
; a ski lift or towing device
, or; an amusement or thrill ride
; or a vertical
1platform lift, inclined platform lift, or a stairway chair lift that serves an individual
2residential dwelling unit.
SB27-SSA1,986,184
101.983
(2) (c)
Inspections. The department may not issue or renew a permit
5under this subsection unless the department has received an inspection report for
6the conveyance issued by an elevator inspector licensed under s. 101.985 (3)
7indicating that the conveyance complies with this subchapter and any applicable
8rules promulgated under this subchapter.
Upon request of the owner of a private
9residence containing a newly installed platform lift, stairway chair lift, or residential
10lift or of the new owner of a private residence containing a previously installed
11platform lift, stairway chair lift, or residential lift, the department shall inspect the
12lift or equipment for compliance with this subchapter and any applicable rules
13promulgated under this subchapter. This inspection by the department does not
14exempt the owner from the requirement to ensure that the department receives an
15inspection report from a licensed elevator inspector. Upon performing this
16inspection, the department shall give the owner notice of relevant conveyance safety
17requirements and shall instruct the owner as to the procedure for obtaining periodic
18inspections and renewing the permit under which the lift or equipment is operated.