AB40,929,44 CHAPTER 101
AB40,929,75 DEPARTMENT OF COMMERCE safety and
6 professional services
— regulation of
7 industry, buildings and safety
AB40, s. 2320 8Section 2320. 101.01 (1m) of the statutes is amended to read:
AB40,929,109 101.01 (1m) "Department" means the department of commerce safety and
10professional services
.
AB40, s. 2321 11Section 2321. 101.01 (14) of the statutes is amended to read:
AB40,929,1312 101.01 (14) "Secretary" means the secretary of commerce safety and
13professional services
.
AB40, s. 2322 14Section 2322. 101.02 (18m) of the statutes is amended to read:
AB40,929,2215 101.02 (18m) The department may perform, or contract for the performance
16of, testing of petroleum products other than testing provided under ch. 168. The
17department may establish a schedule of fees for such petroleum product testing
18services. The department shall credit all revenues received from fees established
19under this subsection to the appropriation account under s. 20.143 (3) 20.165 (2) (ga).
20Revenues from fees established under this subsection may be used by the
21department to pay for testing costs, including laboratory supplies and equipment
22amortization, for such products.
AB40, s. 2323 23Section 2323. 101.02 (20) (a) of the statutes is amended to read:
AB40,930,524 101.02 (20) (a) For purposes of this subsection, "license" means a license,
25permit, or certificate of certification or registration issued by the department under

1ss. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e),
2101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653,
3101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952,
4101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17,
5145.175, 145.18, or 167.10 (6m).
AB40, s. 2324 6Section 2324. 101.02 (20) (b) of the statutes is amended to read:
AB40,930,167 101.02 (20) (b) Except as provided in par. (e), the department of commerce
8safety and professional services may not issue or renew a license unless each
9applicant who is an individual provides the department of commerce safety and
10professional services
with his or her social security number and each applicant that
11is not an individual provides the department of commerce safety and professional
12services
with its federal employer identification number. The department of
13commerce safety and professional services may not disclose the social security
14number or the federal employer identification number of an applicant for a license
15or license renewal except to the department of revenue for the sole purpose of
16requesting certifications under s. 73.0301.
AB40, s. 2325 17Section 2325. 101.02 (20) (c) of the statutes is amended to read:
AB40,930,2018 101.02 (20) (c) The department of commerce safety and professional services
19may not issue or renew a license if the department of revenue certifies under s.
2073.0301 that the applicant or licensee is liable for delinquent taxes.
AB40, s. 2326 21Section 2326. 101.02 (20) (d) of the statutes is amended to read:
AB40,930,2422 101.02 (20) (d) The department of commerce safety and professional services
23shall revoke a license if the department of revenue certifies under s. 73.0301 that the
24licensee is liable for delinquent taxes.
AB40, s. 2327 25Section 2327. 101.02 (20) (e) 1. of the statutes is amended to read:
AB40,931,6
1101.02 (20) (e) 1. If an applicant who is an individual does not have a social
2security number, the applicant, as a condition of applying for or applying to renew
3a license shall submit a statement made or subscribed under oath or affirmation to
4the department of commerce safety and professional services that the applicant does
5not have a social security number. The form of the statement shall be prescribed by
6the department of children and families.
AB40, s. 2328 7Section 2328. 101.02 (21) (a) of the statutes is amended to read:
AB40,931,148 101.02 (21) (a) In this subsection, "license" means a license, permit, or
9certificate of certification or registration issued by the department under s. 101.09
10(3) (c), 101.122 (2) (c), 101.136, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g),
11101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6),
12101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3),
13145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or
14167.10 (6m).
AB40, s. 2329 15Section 2329. 101.02 (21) (b) of the statutes is amended to read:
AB40,931,2416 101.02 (21) (b) As provided in the memorandum of understanding under s.
1749.857 and except as provided in par. (e), the department of commerce safety and
18professional services
may not issue or renew a license unless the applicant provides
19the department of commerce safety and professional services with his or her social
20security number. The department of commerce safety and professional services may
21not disclose the social security number except that the department of commerce
22safety and professional services may disclose the social security number of an
23applicant for a license under par. (a) or a renewal of a license under par. (a) to the
24department of children and families for the sole purpose of administering s. 49.22.
AB40, s. 2330 25Section 2330. 101.02 (21) (e) 1. of the statutes is amended to read:
AB40,932,6
1101.02 (21) (e) 1. If an applicant who is an individual does not have a social
2security number, the applicant, as a condition of applying for or applying to renew
3a license shall submit a statement made or subscribed under oath or affirmation to
4the department of commerce safety and professional services that the applicant does
5not have a social security number. The form of the statement shall be prescribed by
6the department of children and families.
AB40, s. 2331 7Section 2331. 101.1206 (title) of the statutes is created to read:
AB40,932,9 8101.1206 (title) Erosion control; construction of public buildings and
9buildings that are places of employment.
AB40, s. 2332 10Section 2332. 101.123 (2) (d) 4. of the statutes is amended to read:
AB40,932,1311 101.123 (2) (d) 4. A location that is 25 feet or less from a residence hall or
12dormitory that is owned or operated by the Board of Regents of the University of
13Wisconsin System or Board of Trustees of the University of Wisconsin–Madison.
AB40, s. 2333 14Section 2333. 101.136 of the statutes is repealed.
AB40, s. 2334 15Section 2334. 101.14 (4) (b) 3. a. of the statutes is amended to read:
AB40,932,2216 101.14 (4) (b) 3. a. Every residence hall and dormitory over 60 feet in height,
17the initial construction of which was begun before April 26, 2000, that is owned or
18operated by the board of regents Board of Regents of the University of Wisconsin
19System or the Board of Trustees of the University of Wisconsin–Madison to contain
20an automatic fire sprinkler system on each floor by January 1, 2006, except that
21those rules shall not apply to Ogg Residence Hall at the University of
22Wisconsin–Madison until January 1, 2008.
AB40, s. 2335 23Section 2335. 101.14 (4) (b) 3. b. of the statutes is amended to read:
AB40,933,424 101.14 (4) (b) 3. b. Every residence hall and dormitory, the initial construction
25of which is begun on or after April 26, 2000, that is owned or operated by the board

1of regents
Board of Regents of the University of Wisconsin System or the Board of
2Trustees of the University of Wisconsin–Madison
to have an automatic fire sprinkler
3system installed on each floor at the time the residence hall or dormitory is
4constructed.
AB40, s. 2336 5Section 2336. 101.14 (4) (b) 3. c. of the statutes is amended to read:
AB40,933,116 101.14 (4) (b) 3. c. Every residence hall and dormitory over 60 feet in height,
7the initial construction of which was begun before January 7, 2006, that is owned or
8operated by an institution of higher education, other than a residence hall or
9dormitory that is owned or operated by the Board of Regents of the University of
10Wisconsin System or the Board of Trustees of the University of Wisconsin–Madison,
11to contain an automatic fire sprinkler system on each floor by January 1, 2014.
AB40, s. 2337 12Section 2337. 101.14 (4) (b) 3. d. of the statutes is amended to read:
AB40,933,1913 101.14 (4) (b) 3. d. Every residence hall and dormitory, the initial construction
14of which is begun on or after January 7, 2006, that is owned or operated by an
15institution of higher education, other than a residence hall or dormitory that is
16owned or operated by the Board of Regents of the University of Wisconsin System or
17the Board of Trustees of the University of Wisconsin–Madison
, to have an automatic
18fire sprinkler system installed on each floor at the time the residence hall or
19dormitory is constructed.
AB40, s. 2338 20Section 2338. 101.143 (2) (d) of the statutes is amended to read:
AB40,933,2421 101.143 (2) (d) The department shall reserve a portion, not to exceed 20%, of
22the amount annually appropriated under s. 20.143 (3) 20.165 (2) (v) for awards under
23this section to be used to fund emergency remedial action and claims that exceed the
24amount initially anticipated.
AB40, s. 2339 25Section 2339. 101.143 (2) (h) (intro.) of the statutes is amended to read:
AB40,934,4
1101.143 (2) (h) (intro.) The department of commerce safety and professional
2services
and the department of natural resources, jointly, shall promulgate rules
3designed to facilitate effective and cost-efficient administration of the program
4under this section that specify all of the following:
AB40, s. 2340 5Section 2340. 101.143 (2) (i) (intro.) of the statutes is amended to read:
AB40,934,116 101.143 (2) (i) (intro.) The department of commerce safety and professional
7services
and the department of natural resources, jointly, shall promulgate rules
8specifying procedures for evaluating remedial action plans and procedures to be used
9by employees of the department of commerce safety and professional services and the
10department of natural resources while remedial actions are being conducted. The
11departments shall specify procedures that include all of the following:
AB40, s. 2341 12Section 2341. 101.143 (2) (j) (intro.) of the statutes is amended to read:
AB40,934,1513 101.143 (2) (j) (intro.) The department of commerce safety and professional
14services
and the department of natural resources, jointly, shall promulgate rules
15specifying all of the following:
AB40, s. 2342 16Section 2342. 101.143 (2) (k) of the statutes is amended to read:
AB40,935,417 101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of
18commerce safety and professional services and the department of natural resources
19shall attempt to reach an agreement that is consistent with those provisions. If the
20department of commerce safety and professional services and the department of
21natural resources are unable to reach an agreement, they shall refer the matters on
22which they are unable to agree to the secretary of administration for resolution. The
23secretary of administration shall resolve any matters on which the departments
24disagree in a manner that is consistent with pars. (h) to (j). The department of
25commerce safety and professional services and the department of natural resources,

1jointly, shall promulgate rules incorporating any agreement between the
2department of commerce safety and professional services and the department of
3natural resources under this paragraph and any resolution of disagreements
4between the departments by the secretary of administration under this paragraph.
AB40, s. 2343 5Section 2343. 101.143 (2) (L) of the statutes is amended to read:
AB40,935,106 101.143 (2) (L) The department may promulgate rules for the assessment and
7collection of fees to recover its costs for providing approval under sub. (3) (c) 4. and
8for providing other assistance requested by applicants under this section. Any
9moneys collected under this paragraph shall be credited to the appropriation account
10under s. 20.143 (3) 20.165 (2) (Lm).
AB40, s. 2344 11Section 2344. 101.143 (2e) (a) of the statutes is amended to read:
AB40,935,1812 101.143 (2e) (a) The department of commerce safety and professional services
13and the department of natural resources shall attempt to agree on a method, which
14shall include individualized consideration of the routes for migration of petroleum
15product contamination at each site, for determining the risk to public health, safety
16and welfare and to the environment posed by discharges for which the department
17of commerce safety and professional services receives notification under sub. (3) (a)
183.
AB40, s. 2345 19Section 2345. 101.143 (2e) (b) of the statutes is amended to read:
AB40,936,520 101.143 (2e) (b) If the department of commerce safety and professional services
21and the department of natural resources are unable to reach an agreement under
22par. (a), they shall refer the matters on which they are unable to agree to the
23secretary of administration for resolution. The secretary of administration shall
24resolve any matters on which the departments disagree in a manner that is
25consistent with par. (a). The department of commerce safety and professional

1services
and the department of natural resources, jointly, shall promulgate rules
2incorporating any agreement between the department of commerce safety and
3professional services
and the department of natural resources under par. (a) and any
4resolution of disagreements between the departments by the secretary of
5administration under this paragraph.
AB40, s. 2346 6Section 2346. 101.143 (2e) (c) of the statutes is amended to read:
AB40,936,117 101.143 (2e) (c) The department of natural resources or, if the discharge is
8covered under s. 101.144 (2) (b), the department of commerce safety and professional
9services
shall apply the method in the rules promulgated under par. (b) to determine
10the risk posed by a discharge for which the department of commerce safety and
11professional services
receives notification under sub. (3) (a) 3.
AB40, s. 2347 12Section 2347. 101.143 (2m) of the statutes is amended to read:
AB40,936,1813 101.143 (2m) Interdepartmental coordination. Whenever the department of
14commerce safety and professional services receives a notification under sub. (3) (a)
153. or the department of natural resources receives a notification of a petroleum
16product discharge under s. 292.11, the department receiving the notification shall
17contact the other department and shall schedule a meeting of the owner or operator
18or person owning a home oil tank system and representatives of both departments.
AB40, s. 2348 19Section 2348. 101.143 (3) (c) 4. of the statutes is amended to read:
AB40,936,2320 101.143 (3) (c) 4. Receive written approval from the department of natural
21resources or, if the discharge is covered under s. 101.144 (2) (b), from the department
22of commerce safety and professional services that the remedial action activities
23performed under subd. 3. meet the requirements of s. 292.11.
AB40, s. 2349 24Section 2349. 101.143 (3) (cm) of the statutes is amended to read:
AB40,937,6
1101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person
2owning a home oil tank system may, with the approval of the department of natural
3resources or, if the discharge is covered under s. 101.144 (2) (b), the department of
4commerce safety and professional services, satisfy the requirements of par. (c) 2. and
53. by proposing and implementing monitoring to ensure the effectiveness of natural
6attenuation of petroleum product contamination.
AB40, s. 2350 7Section 2350. 101.143 (3) (cp) 1. of the statutes is amended to read:
AB40,937,148 101.143 (3) (cp) 1. Except as provided in subds. 2. to 5., if the department of
9natural resources or, if the site is covered under s. 101.144 (2) (b), the department of
10commerce safety and professional services estimates that the cost to complete a site
11investigation, remedial action plan and remedial action for an occurrence exceeds
12$60,000, the department of commerce safety and professional services shall
13implement a competitive public bidding process to obtain information to assist in
14making the determination under par. (cs).
AB40, s. 2351 15Section 2351. 101.143 (3) (cp) 2. of the statutes is amended to read:
AB40,937,2016 101.143 (3) (cp) 2. The department of commerce safety and professional
17services
or the department of natural resources may waive the requirement under
18subd. 1. if an enforcement standard is exceeded in groundwater within 1,000 feet of
19a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any
20other well used to provide water for human consumption.
AB40, s. 2352 21Section 2352. 101.143 (3) (cp) 5. of the statutes is amended to read:
AB40,937,2422 101.143 (3) (cp) 5. The department of commerce safety and professional
23services
or the department of natural resources may waive the requirement under
24subd. 1. after providing notice to the other department.
AB40, s. 2353 25Section 2353. 101.143 (3) (cp) 6. of the statutes is amended to read:
AB40,938,5
1101.143 (3) (cp) 6. The department of commerce safety and professional
2services
may disqualify a bid received under subd. 1. if, based on information
3available to the department and experience with remedial action at other sites, the
4bid is unlikely to establish an amount to sufficiently fund remedial action that will
5comply with par. (c) 3. and with enforcement standards.
AB40, s. 2354 6Section 2354. 101.143 (3) (cp) 7. of the statutes is amended to read:
AB40,938,107 101.143 (3) (cp) 7. The department of commerce safety and professional
8services
may disqualify a person from submitting bids under subd. 1. if, based on past
9performance of the bidder, the department determines that the person has
10demonstrated an inability to complete remedial action within established cost limits.
AB40, s. 2355 11Section 2355. 101.143 (3) (cs) 1. of the statutes is amended to read:
AB40,938,1812 101.143 (3) (cs) 1. The department of commerce safety and professional
13services
shall review the remedial action plan for a site that is classified as low or
14medium risk under s. 101.144 and shall determine the least costly method of
15complying with par. (c) 3. and with enforcement standards. The department shall
16notify the owner or operator of its determination of the least costly method and shall
17notify the owner or operator that reimbursement for remedial action under this
18section is limited to the amount necessary to implement that method.
AB40, s. 2356 19Section 2356. 101.143 (3) (cs) 2. of the statutes is amended to read:
AB40,939,220 101.143 (3) (cs) 2. The department of natural resources and the department of
21commerce safety and professional services shall review the remedial action plan for
22a site that is classified as high risk under s. 101.144 and shall jointly determine the
23least costly method of complying with par. (c) 3. and with enforcement standards.
24The departments shall notify the owner or operator of their determination of the
25least costly method and shall notify the owner or operator that reimbursement for

1remedial action under this section is limited to the amount necessary to implement
2that method.
AB40, s. 2357 3Section 2357. 101.143 (3) (cs) 3. of the statutes is amended to read:
AB40,939,74 101.143 (3) (cs) 3. In making determinations under subds. 1. and 2., the
5department of natural resources and the department of commerce safety and
6professional services
shall determine whether natural attenuation will achieve
7compliance with par. (c) 3. and with enforcement standards.
AB40, s. 2358 8Section 2358. 101.143 (3) (cs) 4. of the statutes is amended to read:
AB40,939,169 101.143 (3) (cs) 4. The department of commerce safety and professional
10services
may review and modify an amount established under subd. 1. if the
11department determines that new circumstances, including newly discovered
12contamination at a site, warrant those actions. The department of commerce safety
13and professional services
and the department of natural resources may review and
14modify an amount established under subd. 2. if the departments determine that new
15circumstances, including newly discovered contamination at a site, warrant those
16actions.
AB40, s. 2359 17Section 2359. 101.143 (3) (cw) 1. of the statutes is amended to read:
AB40,940,218 101.143 (3) (cw) 1. The department of commerce safety and professional
19services
shall conduct the annual review required under sub. (2) (i) 1. for a site that
20is classified as low or medium risk under s. 101.144 and shall determine the least
21costly method of completing remedial action at the site in order to comply with par.
22(c) 3. and with enforcement standards. The department shall notify the owner or
23operator of its determination of the least costly method and shall notify the owner
24or operator that reimbursement under this section for any remedial action conducted

1after the date of the notice is limited to the amount necessary to implement that
2method.
AB40, s. 2360 3Section 2360. 101.143 (3) (cw) 2. of the statutes is amended to read:
AB40,940,124 101.143 (3) (cw) 2. The department of natural resources and the department
5of commerce safety and professional services shall conduct the annual review
6required under sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144
7and shall jointly determine the least costly method of completing remedial action at
8the site in order to comply with par. (c) 3. and with enforcement standards. The
9departments shall notify the owner or operator of their determination of the least
10costly method and shall notify the owner or operator that reimbursement under this
11section for remedial action conducted after the date of the notice is limited to the
12amount necessary to implement that method.
AB40, s. 2361 13Section 2361. 101.143 (3) (cw) 3. of the statutes is amended to read:
AB40,940,1714 101.143 (3) (cw) 3. In making determinations under subds. 1. and 2., the
15department of natural resources and the department of commerce safety and
16professional services
shall determine whether natural attenuation will achieve
17compliance with par. (c) 3. and with enforcement standards.
AB40, s. 2362 18Section 2362. 101.143 (3) (cw) 4. of the statutes is amended to read:
AB40,941,219 101.143 (3) (cw) 4. The department of commerce safety and professional
20services
may review and modify an amount established under subd. 1. if the
21department determines that new circumstances, including newly discovered
22contamination at a site, warrant those actions. The department of commerce safety
23and professional services
and the department of natural resources may review and
24modify an amount established under subd. 2. if the departments determine that new

1circumstances, including newly discovered contamination at a site, warrant those
2actions.
AB40, s. 2363 3Section 2363. 101.143 (3) (d) of the statutes is amended to read:
AB40,941,84 101.143 (3) (d) Final review of remedial action activities. The department of
5natural resources or, if the discharge is covered under s. 101.144 (2) (b), the
6department of commerce safety and professional services shall complete a final
7review of the remedial action activities within 60 days after the claimant notifies the
8appropriate department that the remedial action activities are completed.
Loading...
Loading...