AB150: Bill Text

AB150, s. 3671 Section 3671. 101.143 (3) (am) 2. of the statutes is amended to read:

AB150,1288,24 101.143 (3) (am) 2. If a petroleum product storage system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or s. ILHR 10.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, after December 31, 1993, and the owner or operator or person owning the home oil tank system applies for private pollution liability insurance covering the petroleum product storage system or home oil tank system within 30 days after the day on which the petroleum product storage system or home oil tank system first meets those upgrading requirements, then the owner or operator or person remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before the 91st day after the day on which the petroleum product storage system or home oil tank system first meets those upgrading requirements.

AB150, s. 3672 Section 3672. 101.143 (3) (am) 4. of the statutes is amended to read:

AB150,1289,15 101.143 (3) (am) 4. If a petroleum product storage system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or s. ILHR 10.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, after April 30, 1991, and is located on a site on which a petroleum product discharge is confirmed before the date on which the petroleum product storage system or home oil tank system first meets those upgrading requirements and the department of natural resources does not issue a case closure letter with respect to that discharge before that date, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the upgrading requirements were met, whichever is earlier.

AB150, s. 3673 Section 3673. 101.143 (3) (as) 4. of the statutes is amended to read:

AB150,1290,7 101.143 (3) (as) 4. If the department issues an award under this section for remedial action activities that were necessitated by a petroleum product discharge from a petroleum product storage system or home oil tank system that does not meet the performance standards in 40 CFR 280.20 or s. ILHR 10.51, Wis. adm. code in rules promulgated by the department relating to underground storage tank systems installed after December 22, 1988, and that, at the time of that discharge, does not meet the upgrading requirements in 40 CFR 280.21 (b) to (d) or s. ILHR 10.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of any later petroleum product discharge from the same petroleum product storage system or home oil tank system and within the same area which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on which the petroleum product storage system or home oil tank system first meets those upgrading requirements, whichever is earlier.

AB150, s. 3674 Section 3674. 101.143 (3) (c) 4. of the statutes is amended to read:

AB150,1290,11 101.143 (3) (c) 4. Receive written approval from the department of natural resources that the remedial action activities performed under subd. 3. meet the requirements of s. 144.76.

AB150, s. 3675 Section 3675. 101.143 (3) (cm) of the statutes is amended to read:

AB150,1290,17 101.143 (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, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of the natural process of degradation of petroleum product contamination.

AB150, s. 3676 Section 3676. 101.143 (3) (d) of the statutes is amended to read:

AB150,1291,2 101.143 (3) (d) Review of site investigations, remedial action plans and remedial action activities. The department of natural resources shall, at the request of the claimant, review the site investigation and the remedial action plan and advise the claimant on the adequacy of proposed remedial action activities in meeting the requirements of s. 144.76. The advice is not an approval of the remedial action activities. The department of natural resources shall complete a final review of the remedial action activities within 60 days after the claimant notifies the department of natural resources that the remedial action activities are completed.

AB150, s. 3677 Section 3677. 101.143 (3) (e) of the statutes is repealed.

AB150, s. 3678 Section 3678. 101.143 (3) (f) 5. of the statutes is amended to read:

AB150,1291,6 101.143 (3) (f) 5. The written approval of the department of natural resources under par. (c) 4.

AB150, s. 3679 Section 3679. 101.143 (4) (a) 6. of the statutes is amended to read:

AB150,1291,10 101.143 (4) (a) 6. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.445 (1) 20.143 (3) (v) as awards for petroleum product storage systems described in par. (ei) 1.

AB150, s. 3680 Section 3680. 101.143 (4) (a) 7. of the statutes is amended to read:

AB150,1291,15 101.143 (4) (a) 7. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.445 (1) 20.143 (3) (v) as awards for petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored.

AB150, s. 3681 Section 3681. 101.143 (4) (ei) 1. a. of the statutes is amended to read:

AB150,1292,2 101.143 (4) (ei) 1. a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land which is devoted primarily to agricultural use, as defined in s. 91.01 (1), including land designated by the department of natural resources as part of the ice age trail under s. 23.17 27.0135, which during the year preceding submission of a 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 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.

AB150, s. 3682 Section 3682. 101.143 (4) (ei) 1. b. of the statutes is amended to read:

AB150,1292,8 101.143 (4) (ei) 1. b. The owner or operator of the farm tank has received a letter or notice from the department of development or department of natural resources 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.

AB150, s. 3683 Section 3683. 101.143 (4) (es) 1. of the statutes is amended to read:

AB150,1292,16 101.143 (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 industry, labor and human relations development or the department of natural resources and no discharge or contamination is found.

AB150, s. 3684 Section 3684. 101.143 (8) (b) of the statutes is amended to read:

AB150,1292,20 101.143 (8) (b) Review and advise the secretary and the secretary of natural resources on the implementation of the petroleum product remedial action program established under this section.

AB150, s. 3685 Section 3685. 101.144 of the statutes is created to read:

AB150,1292,22 101.144 Regulated storage tank discharges. (1) In this section:

AB150,1292,23 (a) "Discharge" has the meaning given in s. 144.76 (1) (a).

AB150,1293,3 (b) "Regulated storage tank" means a petroleum product storage system, as defined in s. 101.143 (1) (fg), or an underground storage tank, as defined in 42 USC 6991 (1).

AB150,1293,7 (c) "Remedial action" means action that is taken in response to a discharge and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands and waters of this state.

AB150,1293,10 (d) "Responsible person" means a person who owns or operates a regulated storage tank, a person who causes a discharge from a regulated storage tank or a person on whose property a regulated storage tank is located.

AB150,1293,15 (2) The department shall administer a program under which responsible persons investigate discharges from regulated storage tanks and take remedial action in response to those discharges. The department may issue an order requiring a responsible person to take remedial action in response to a discharge from a regulated storage tank.

AB150,1293,18 (3) The department of natural resources may take action under s. 144.76 (7) (a) or may issue an order under s. 144.76 (7) (c) in response to a discharge from a regulated storage tank only if one or more of the following apply:

AB150,1293,20 (a) The action or order is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.

AB150,1293,22 (b) The department of development requests the department of natural resources to take the action or issue the order.

AB150,1293,24 (c) The secretary of natural resources approves the action or order in advance after notice to the secretary of development.

AB150,1294,3 (d) The department of natural resources takes action under s. 144.76 (7) (a) after the responsible person fails to comply with an order that was issued under s. 144.76 (7) (c) in compliance with this subsection.

AB150,1294,5 (e) The department of natural resources takes the action under s. 144.76 (7) (a) because the identity of the responsible person is unknown.

AB150,1294,8 (4) Any person who violates a rule promulgated or an order issued under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.

AB150, s. 3686 Section 3686. 101.17 of the statutes is amended to read:

AB150,1294,16 101.17 Machines and boilers, safety requirement. No machine, mechanical device, or steam boiler shall be installed or used in this state which does not fully comply with the requirements of the laws of this state enacted for the safety of employes and frequenters in places of employment and public buildings and with the orders of the department adopted and published in conformity with ss. 101.01 to 101.25 this subchapter. Any person violating this section shall be subject to the forfeitures provided in s. 101.02 (12) and (13).

AB150, s. 3687 Section 3687. 101.22 of the statutes is renumbered 106.04.

AB150, s. 3688 Section 3688. 101.221 of the statutes is renumbered 106.05, and 106.05 (2), as renumbered, is amended to read:

AB150,1294,23 106.05 (2) The council shall give consideration to the practical operation and application of ss. 101.22 to 101.222 106.04 to 106.06 and report to the proper legislative committee its view on any pending bill relating to the subject matter of ss. 101.22 to 101.222 106.04 to 106.06.

AB150, s. 3689 Section 3689. 101.222 of the statutes is renumbered 106.06, and 106.06 (3), as renumbered, is amended to read:

AB150,1295,3 106.06 (3) All gifts, grants, bequests and devises to the division for its use for any of the purposes mentioned in s. 101.221 106.05 are valid and shall be used to carry out the purposes for which made and received.

AB150, s. 3690 Section 3690. 101.223 of the statutes is renumbered 106.07, and 106.07 (4) (a), as renumbered, is amended to read:

AB150,1295,10 106.07 (4) (a) The department shall receive and investigate complaints charging discrimination or discriminatory practices in particular cases, and publicize its findings with respect thereto. The department has all powers provided under s. 111.39 with respect to the disposition of such complaints. The findings and orders of examiners may be reviewed as provided under s. 101.22 106.04 (10) (b).

AB150, s. 3691 Section 3691. 101.225 of the statutes is renumbered 106.08.

AB150, s. 3692 Section 3692. 101.23 of the statutes is renumbered 106.09.

AB150, s. 3693 Section 3693. 101.25 of the statutes is renumbered 106.10.

AB150, s. 3694 Section 3694. 101.26 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 106.11.

****Note: This is reconciled s. 101.26. This Section has been affected by drafts with the following LRB numbers: 2298/5 and 2243/2.

AB150, s. 3695 Section 3695. 101.26 (3) (a) of the statutes is amended to read:

AB150,1296,11 101.26 (3) (a) To ensure that the governor's coordination and special services plan proposed by the state job training coordinating council on workforce excellence and each job training plan proposed by a private industry council pursuant to the federal job training partnership act, 29 USC 1501 to 1781 1792b, coordinate with and consider programs and services provided or proposed by other bodies with a direct interest in employment, training and human resources utilization and respond to concerns of interested citizens, employment and training service providers and members of the business community, the state job training coordinating council on workforce excellence and each private industry council shall make their proposed plans available to the public and after reasonable notice hold at least one public hearing before submittal to the governor under par. (c). The state job training coordinating governor's council on workforce excellence or private industry council shall provide notice of the public hearing and a copy of the proposed plan or a summary of it to the appropriate standing committees under par. (b). The public hearing shall be held sufficiently in advance of the date each council must submit its plan to the governor to permit the council to address concerns raised at its hearing. The public hearing shall be held at a reasonable time in a place accessible to the public, including handicapped persons.

AB150, s. 3696 Section 3696. 101.26 (3) (b) 1. of the statutes is amended to read:

AB150,1296,18 101.26 (3) (b) 1. The state job training coordinating governor's council on workforce excellence shall submit notice of public hearing and a copy of the proposed governor's coordination and special services plan or a summary of it to the standing committees dealing with education, economic development and employment and to any other appropriate standing committee in each house of the legislature at least 120 days before the beginning of the first of 2 program years covered by the plan.

AB150, s. 3697 Section 3697. 101.26 (3) (c) (intro.) of the statutes is amended to read:

AB150,1296,25 101.26 (3) (c) (intro.) After the public hearing under par. (a), the state job training coordinating governor's council on workforce excellence or the private industry council shall submit its proposed plan to the governor according to procedures established by the department. The state job training coordinating governor's council on workforce excellence or the private industry council shall include all of the following with the proposed plan submitted to the governor:

AB150, s. 3698 Section 3698. 101.262 of the statutes is created to read:

AB150,1297,5 101.262 Governor's council on workforce excellence. (1) The governor's council on workforce excellence shall oversee the planning, coordination, administration and implementation of the employment and education programs provided under all of the following:

AB150,1297,7 (a) The job training partnership act, 29 USC 1501 to 1792b, including the employment and education programs provided under ss. 101.26 and 101.27.

AB150,1297,9 (b) The job opportunities and basic skills program under 42 USC 682 (a) and s. 49.193.

AB150,1297,11 (c) The food stamp employment and training program under 7 USC 2015 (d) (4) and s. 49.124.

AB150,1297,12 (d) The adult education act, 20 USC 1201 to 1213d.

AB150,1297,14 (e) The Carl D. Perkins vocational and applied technology education act, 20 USC 2301 to 2471.

AB150,1297,15 (f) The school-to-work opportunities act of 1994, 20 USC 6101 to 6251.

AB150,1297,17 (g) The youth apprenticeship program under s. 101.265 and any other apprenticeship program for which the department provides assistance.

AB150,1297,18 (h) The public employment office system under 29 USC 49 to 49n and s. 101.23.

AB150,1297,20 (i) The national and community service corps under 42 USC 12501 to 12682 and s. 16.22.

AB150,1297,22 (j) Such other employment and education programs as the governor may by executive order assign to the council.

AB150,1297,23 (2) The governor's council on workforce excellence shall do all of the following:

AB150,1297,25 (a) Identify the workforce development needs of the state and recommend to the governor goals for meeting those needs and steps to meet those goals.

AB150,1298,6 (b) Review the provision of services and the allocation of funding and resources under the programs specified in sub. (1) and recommend to the governor a strategic plan for coordinating the provision of those services and for allocating that funding and those resources, consistent with the laws, rules and regulations governing those programs, so as to best respond to the workforce development needs identified under par. (a).

AB150,1298,10 (c) Monitor the provision of services and the expenditure of funding and resources under the programs specified in sub. (1) and evaluate the effectiveness of those programs in meeting the employment and education needs of the participants in those programs.

AB150,1298,14 (d) Determine whether any federal laws, regulations or policies impede the effectiveness or coordination of any of the programs specified in sub. (1) and, if so, recommend that the division of workforce excellence seek waivers of those laws, regulations or policies.

AB150,1298,18 (e) Recommend for approval by the department under s. 101.265 (2m) occupations for the youth apprenticeship program and statewide skill standards for programs provided under the school-to-work opportunities act of 1994, 20 USC 6101 to 6251.

AB150, s. 3699 Section 3699. 101.262 of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 106.115, and 106.115 (1) (a), (g), (h) and (i) and (2) (e), as renumbered, are amended to read:

AB150,1298,24 106.115 (1) (a) The job training partnership act, 29 USC 101 to 1792b, including the employment and education programs provided under ss. 101.26 and 101.27 106.11 and 106.15.

AB150,1299,2 (g) The youth apprenticeship program under s. 101.265 106.13 and any other apprenticeship program for which the department provides assistance.

AB150,1299,4 (h) The public employment office system under 29 USC 49 to 49n and s. 101.23 106.09.

AB150,1299,6 (i) The national and community service corps under 42 USC 12501 to 12682 and s. 16.22 106.40.

AB150,1299,10 (2) (e) Recommend for approval by the department under s. 101.265 106.13 (2m) occupations for the youth apprenticeship program and statewide skill standards for programs provided under the school-to-work opportunities act of 1994, 20 USC 6101 to 6251.

****Note: This is reconciled s. 106.115. This Section has been affected by drafts with the following LRB numbers: 2243/2 and 2298/5.

AB150, s. 3700 Section 3700. 101.264 of the statutes is amended to read:

AB150,1299,18 101.264 (title) Office Division of workforce excellence. The office Based on the recommendations of the governor's council on workforce excellence, the division of workforce excellence shall plan, coordinate, administer and implement the department's workforce excellence initiatives, programs and, policies and funding, the youth apprenticeship and school-to-work programs under s. 101.265 and such other employment and education programs as the governor may by executive order assign to the division.