AB150-engrossed,1283,520
101.143
(4) (e) 2. The department shall issue the award under this paragraph
21without regard to fault in an amount equal to the amount of the eligible costs that
22exceeds a deductible amount of
$2,500 plus 5% of the eligible costs, but not more than
23$7,500 per occurrence, for eligible costs incurred before July 1, 1993, or a deductible
24amount of $10,000 for eligible costs incurred on or after July 1, 1993 $10,000, except
25that the deductible amount for a petroleum product storage system that is owned by
1a school district or a technical college district and that is used for storing heating oil
2for consumptive use on the premises where stored is 25% of eligible costs and except
3that the deductible for a petroleum product storage system that is described in par.
4(ei) 1. is $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence
5without regard to when the eligible costs are incurred.
AB150-engrossed,1283,157
101.143
(4) (e) 2m. An award issued under this paragraph may not exceed
8$195,000 for eligible costs incurred before July 1, 1993, or $190,000 for eligible costs
9incurred on or after July 1, 1993, $190,000 for each occurrence,
except that an award
10under this paragraph to a school district or a technical college district with respect
11to a discharge from a petroleum product storage system that is used for storing
12heating oil for consumptive use on the premises where stored is $190,000 for each
13occurrence, without regard to when the eligible costs are incurred, and except that
14an award under this paragraph to the owner or operator of a petroleum product
15storage system described in par. (ei) 1. may not exceed $100,000 per occurrence.
AB150-engrossed,1283,2017
101.143
(4) (e) 3. The department may not issue awards under this paragraph
18to an owner or operator for eligible costs incurred in one program year that total more
19than
$195,000 for eligible costs incurred before July 1, 1993, or $190,000, for eligible
20costs incurred on or after July 1, 1993 $190,000.
AB150-engrossed,1284,222
101.143
(4) (ei) 1. b. The owner or operator of the farm tank has received a letter
23or notice from the
department of development or department of natural resources
24indicating that the owner or operator must conduct a site investigation or remedial
1action because of a discharge from the farm tank or an order to conduct such an
2investigation or remedial action.
AB150-engrossed,1284,104
101.143
(4) (es) 1. The department shall issue an award for a claim filed after
5August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987,
6by an owner or operator or a person owning a home oil tank system in investigating
7the existence of a discharge or investigating the presence of petroleum products in
8soil or groundwater if the investigation is undertaken at the written direction of the
9department of
industry, labor and human relations
development or the department
10of natural resources and no discharge or contamination is found.
AB150-engrossed,1284,1812
101.143
(4e) Payments to lenders. (a) Notwithstanding sub. (4) (g), when the
13department denies a claim under sub. (3) because of fraud, gross negligence or wilful
14misconduct on the part of an owner or operator, the department shall pay, to a person
15who loaned money to the owner or operator for the purpose of conducting activities
16under sub. (3) (c), an amount equal to the amount that would have been paid under
17sub. (4) for otherwise eligible expenses actually incurred, but not more than the
18amount specified under par. (b), if all of the following conditions are satisfied:
AB150-engrossed,1284,2419
1. The lender assigns to the department an interest in the collateral pledged
20by the owner or operator for the sole purpose of securing the loan that was made to
21finance the activities under sub. (3) (c). If the amount of the payment under this
22subsection is less than the amount of the loan, the lender shall assign to the
23department that fraction of the lender's interest in the collateral that equals the ratio
24of the amount of the payment under this subsection to the amount of the loan.
AB150-engrossed,1285,4
12. For a loan that is made after the effective date of this subdivision .... [revisor
2inserts date], before the lender made any disbursement of the loan the department
3provided a letter indicating its preliminary determination that the owner or operator
4was eligible for an award under sub. (4).
AB150-engrossed,1285,85
3. For a loan that is made after the effective date of this subdivision .... [revisor
6inserts date], claims for payment under sub. (3) are made after completion of the site
7investigation and remedial action plan, after completion of the remedial action and
8annually for any continuing maintenance, monitoring and operation costs.
AB150-engrossed,1285,129
(b) Payment under this section may not exceed the amount of the loan. If the
10loan is made after the effective date of this paragraph .... [revisor inserts date],
11payment under this section may not exceed the amount of the loan disbursements
12made before the department notifies the lender that the claim may be denied.
AB150-engrossed,1285,1513
(c) Assignment of an interest in collateral to the department under par. (a) 1.
14does not deprive a lender of its right to any cause of action arising out of the loan
15documents.
AB150-engrossed,1285,1916
(d) Any payments made by the department under this subsection constitute a
17lien upon the property on which the remedial action is conducted if the department
18records the lien with the register of deeds in the county in which the property is
19located.
AB150-engrossed,1286,221
101.143
(5) (a)
Right of action. A right of action under this section shall accrue
22to the state against an owner, operator or other person only if the owner, operator or
23other person submits a fraudulent claim or does not meet the requirements under
24this section and if an award is issued under this section to the owner, operator or
1other person for eligible costs under this section
or if payment is made to a lender
2under sub. (4e).
AB150-engrossed,1286,4
4101.144 Petroleum storage tank discharges. (1) In this section:
AB150-engrossed,1286,55
(a) "Discharge" has the meaning given in s. 144.76 (1) (a).
AB150-engrossed,1286,66
(am) "Hazardous substance" has the meaning given in s. 144.01 (4m).
AB150-engrossed,1286,77
(b) "Petroleum product" has the meaning given in s. 101.143 (1) (f).
AB150-engrossed,1286,108
(bm) "Petroleum storage tank" means a storage tank that is used to store
9petroleum products together with any on-site integral piping or dispensing system.
10"Petroleum storage tank" does not include a pipeline facility.
AB150-engrossed,1286,1411
(c) "Remedial action" means action that is taken in response to a discharge and
12that is necessary to restore the environment to the extent practicable and to
13minimize the harmful effects of the discharge to the air, lands and waters of this
14state.
AB150-engrossed,1286,1715
(d) "Responsible person" means a person who owns or operates a petroleum
16storage tank, a person who causes a discharge from a petroleum storage tank or a
17person on whose property a petroleum storage tank is located.
AB150-engrossed,1286,25
18(2) (a) The department shall administer a program under which responsible
19persons investigate, and take remedial action in response to, those discharges of
20petroleum products from petroleum storage tanks that are covered under par. (b).
21The department may issue an order requiring a responsible person to take remedial
22action in response to a discharge of a petroleum product from a petroleum storage
23tank if the discharge is covered under par. (b). In administering this section, the
24department shall follow rules promulgated by the department of natural resources
25for the cleanup of discharges of hazardous substances.
AB150-engrossed,1287,2
1(b) The program under this section covers a discharge of a petroleum product
2from a petroleum storage tank if all of the following apply:
AB150-engrossed,1287,53
1. The site of the discharge is classified, as provided under sub. (3m) (a) 3., as
4medium priority or low priority, based on the threat that the discharge poses to public
5health, safety and welfare and to the environment.
AB150-engrossed,1287,76
2. The site of the discharge is not contaminated by a hazardous substance other
7than the petroleum product that was discharged from the petroleum storage tank.
AB150-engrossed,1287,10
8(3) The department of natural resources may take action under s. 144.76 (7)
9(a) or may issue an order under s. 144.76 (7) (c) in response to a discharge that is
10covered under sub. (2) (b) only if one or more of the following apply:
AB150-engrossed,1287,1211
(a) The action or order is necessary in an emergency to prevent or mitigate an
12imminent hazard to public health, safety or welfare or to the environment.
AB150-engrossed,1287,1413
(b) The department of development requests the department of natural
14resources to take the action or issue the order.
AB150-engrossed,1287,1615
(c) The secretary of natural resources approves the action or order in advance
16after notice to the secretary of development.
AB150-engrossed,1287,1917
(d) The department of natural resources takes action under s. 144.76 (7) (a)
18after the responsible person fails to comply with an order that was issued under s.
19144.76 (7) (c) in compliance with this subsection.
AB150-engrossed,1287,2120
(e) The department of natural resources takes the action under s. 144.76 (7) (a)
21because the identity of the responsible person is unknown.
AB150-engrossed,1287,24
22(3m) (a) The department of development and the department of natural
23resources shall enter into a memorandum of understanding that does all of the
24following:
AB150-engrossed,1288,2
11. Establishes the respective functions of the 2 departments in the
2administration of this section and s. 101.143.
AB150-engrossed,1288,43
2. Establishes procedures to ensure that remedial actions taken under this
4section are consistent with actions taken under s. 144.76 (7).
AB150-engrossed,1288,75
3. Establishes procedures, standards and schedules for determining whether
6the site of a discharge of a petroleum product from a petroleum storage tank is
7classified as high priority, medium priority or low priority.
AB150-engrossed,1288,118
(b) The department of development and the department of natural resources
9shall submit a memorandum of understanding under this subsection to the secretary
10of administration for review. A memorandum of understanding under this
11subsection does not take effect until it is approved by the secretary of administration.
AB150-engrossed,1288,14
12(4) Any person who violates a rule promulgated or an order issued under this
13section shall forfeit not less than $10 nor more than $5,000 for each violation. Each
14day of continued violation is a separate offense.
AB150-engrossed,1288,22
16101.17 Machines and boilers, safety requirement. No machine,
17mechanical device, or steam boiler shall be installed or used in this state which does
18not fully comply with the requirements of the laws of this state enacted for the safety
19of employes and frequenters in places of employment and public buildings and with
20the orders of the department adopted and published in conformity with
ss. 101.01 to
21101.25 this subchapter. Any person violating this section shall be subject to the
22forfeitures provided in s. 101.02 (12) and (13).
AB150-engrossed, s. 3688
24Section
3688. 101.221 of the statutes is renumbered 106.05, and 106.05 (2),
25as renumbered, is amended to read:
AB150-engrossed,1289,4
1106.05
(2) The council shall give consideration to the practical operation and
2application of ss.
101.22 to 101.222 106.04 to 106.06 and report to the proper
3legislative committee its view on any pending bill relating to the subject matter of
4ss.
101.22 to 101.222 106.04 to 106.06.
AB150-engrossed, s. 3689
5Section
3689. 101.222 of the statutes is renumbered 106.06, and 106.06 (3),
6as renumbered, is amended to read:
AB150-engrossed,1289,97
106.06
(3) All gifts, grants, bequests and devises to the division for its use for
8any of the purposes mentioned in s.
101.221 106.05 are valid and shall be used to
9carry out the purposes for which made and received.
AB150-engrossed, s. 3690
10Section
3690. 101.223 of the statutes is renumbered 106.07, and 106.07 (4) (a),
11as renumbered, is amended to read:
AB150-engrossed,1289,1612
106.07
(4) (a) The department shall receive and investigate complaints
13charging discrimination or discriminatory practices in particular cases, and
14publicize its findings with respect thereto. The department has all powers provided
15under s. 111.39 with respect to the disposition of such complaints. The findings and
16orders of examiners may be reviewed as provided under s.
101.22 106.04 (10) (b).
AB150-engrossed, s. 3694
20Section
3694. 101.26 of the statutes, as affected by 1995 Wisconsin Act .... (this
21act), is renumbered 106.11.
AB150-engrossed,1290,1523
101.26
(3) (a) To ensure that the governor's coordination and special services
24plan proposed by the
state job training coordinating council governor's council on
25workforce excellence and each job training plan proposed by a private industry
1council pursuant to the federal job training partnership act,
29 USC 1501 to
1781 21792b, coordinate with and consider programs and services provided or proposed by
3other bodies with a direct interest in employment, training and human resources
4utilization and respond to concerns of interested citizens, employment and training
5service providers and members of the business community, the
state job training
6coordinating council governor's council on workforce excellence and each private
7industry council shall make their proposed plans available to the public and after
8reasonable notice hold at least one public hearing before submittal to the governor
9under par. (c). The
state job training coordinating
governor's council
on workforce
10excellence or private industry council shall provide notice of the public hearing and
11a copy of the proposed plan or a summary of it to the appropriate standing
12committees under par. (b). The public hearing shall be held sufficiently in advance
13of the date each council must submit its plan to the governor to permit the council
14to address concerns raised at its hearing. The public hearing shall be held at a
15reasonable time in a place accessible to the public, including handicapped persons.
AB150-engrossed,1290,2217
101.26
(3) (b) 1. The
state job training coordinating governor's council
on
18workforce excellence shall submit notice of public hearing and a copy of the proposed
19governor's coordination and special services plan or a summary of it to the standing
20committees dealing with education, economic development and employment and to
21any other appropriate standing committee in each house of the legislature at least
22120 days before the beginning of the first of 2 program years covered by the plan.
AB150-engrossed,1291,424
101.26
(3) (c) (intro.) After the public hearing under par. (a), the
state job
25training coordinating governor's council
on workforce excellence or the private
1industry council shall submit its proposed plan to the governor according to
2procedures established by the department. The
state job training coordinating 3governor's council
on workforce excellence or the private industry council shall
4include all of the following with the proposed plan submitted to the governor:
AB150-engrossed,1291,9
6101.262 Governor's council on workforce excellence. (1) The governor's
7council on workforce excellence shall oversee the planning, coordination,
8administration and implementation of the employment and education programs
9provided under all of the following:
AB150-engrossed,1291,1110(a) The job training partnership act,
29 USC 1501 to
1792b, including the
11employment and education programs provided under ss. 101.26 and 101.27.
AB150-engrossed,1291,1312(b) The job opportunities and basic skills program under
42 USC 682 (a) and
13s. 49.193.
AB150-engrossed,1291,1514(c) The food stamp employment and training program under
7 USC 2015 (d)
15(4) and s. 49.124.
AB150-engrossed,1291,1817(e) The Carl D. Perkins vocational and applied technology education act,
20
18USC 2301 to
2471.
AB150-engrossed,1291,1919(f) The school-to-work opportunities act of 1994,
20 USC 6101 to
6251.
AB150-engrossed,1291,2120
(g) The youth apprenticeship program under s. 101.265 and any other
21apprenticeship program for which the department provides assistance.
AB150-engrossed,1291,2222(h) The public employment office system under
29 USC 49 to
49n and s. 101.23.
AB150-engrossed,1291,2423(i) The national and community service corps under
42 USC 12501 to
12682 and
24s. 16.22.
AB150-engrossed,1291,2525(id) The rehabilitation act of 1973,
29 USC 701 to
796i.
AB150-engrossed,1292,1
1(ig) The older Americans act of 1965,
42 USC 3001 to
3058ee.
AB150-engrossed,1292,22(ij) The refugee act of 1980,
8 USC 1521 to
1524.
AB150-engrossed,1292,43(im) The veterans' rehabilitation and education amendments of 1980,
38 USC
43100 to
3121.
AB150-engrossed,1292,55(ip) The servicemen's readjustment act of 1944,
38 USC 3701 to
3764.
AB150-engrossed,1292,76
(ir) The development zone jobs credit program under ss. 71.07 (2dj), 71.28 (1dj)
7and 71.47 (1dj).
AB150-engrossed,1292,88
(it) The Wisconsin conservation corps program under s. 16.20.
AB150-engrossed,1292,109
(iv) The veterans job training program under s. 101.25 and any other job
10training program for veterans administered by the department.
AB150-engrossed,1292,1211
(j) Such other employment and education programs as the governor may by
12executive order assign to the council.
AB150-engrossed,1292,13
13(2) The governor's council on workforce excellence shall do all of the following:
AB150-engrossed,1292,1514
(a) Identify the workforce development needs of the state and recommend to
15the governor goals for meeting those needs and steps to meet those goals.
AB150-engrossed,1292,2116
(b) Review the provision of services and the allocation of funding and resources
17under the programs specified in sub. (1) and recommend to the governor a strategic
18plan for coordinating the provision of those services and for allocating that funding
19and those resources, consistent with the laws, rules and regulations governing those
20programs, so as to best respond to the workforce development needs identified under
21par. (a).
AB150-engrossed,1292,2522
(c) Monitor the provision of services and the expenditure of funding and
23resources under the programs specified in sub. (1) and evaluate the effectiveness of
24those programs in meeting the employment and education needs of the participants
25in those programs.
AB150-engrossed,1293,3
1(d) Determine whether any federal laws, regulations or policies impede the
2effectiveness or coordination of any of the programs specified in sub. (1) and, if so,
3recommend that the department seek waivers of those laws, regulations or policies.
AB150-engrossed,1293,74
(e) Recommend for approval by the department under s. 101.265 (2m)
5occupations for the youth apprenticeship program and statewide skill standards for
6programs provided under the school-to-work opportunities act of 1994,
20 USC 6101 7to
6251.
AB150-engrossed,1293,118
(f) Review and comment on all proposals for the establishment of new
9employment and education programs, including the eligibility criteria for receiving
10services under those programs, to ensure that employment and education program
11services are not duplicated unnecessarily.