AB40: Bill Text

AB40,768,6 (a) "Catastrophic highway failure" means the sudden failure of a major element or segment of the highway system due to a cause that is external to a highway, but does not include any failure primarily attributable to gradual and progressive deterioration or lack of proper maintenance of a highway.

AB40,768,7 (b) "Disaster" means any of the following:

AB40,768,9 1. A severe storm, flood, fire, tornado, mudslide, or other natural event external to a highway or a catastrophic highway failure.

AB40,768,12 2. An event or recurring damage caused by any governmental unit or person acting under the direction or approval of, or permit issued by, any governmental unit and in response to an event described in subd. 1.

AB40,768,15 (c) "Governmental unit" means the state or any state agency, as defined in s. 20.001 (1); any county, city, village, town, or other political subdivision of the state; or the federal government or any of its agencies.

AB40,768,17 (d) "Highway" means a highway, as defined in s. 340.01 (22), that is not on the state trunk highway system.

AB40,1585 Section 1585. 86.34 (2) of the statutes is amended to read:

AB40,769,13 86.34 (2) The department shall make such investigation as it deems necessary and within 6 months from the date of filing the petition shall make its determination as to the granting of aid, the amount thereof, and the conditions under which it is granted. In making its determination the department shall cause an estimate to be made of the cost of repairing or replacing the facilities damaged or destroyed by the flood to standards and efficiency similar to those previously existing immediately before the damage or destruction, and also an estimate of the cost of reconstructing the facilities to a higher type or improving any such facilities if determined to be warranted and advisable. Except as provided in sub. subs. (2m) and (6), the amount of aid payable for damage caused by a disaster described in sub. (1g) (b) 1. shall be three-fourths 75 percent of the cost of repair or replacement to standards similar to those previously existing immediately before the damage or destruction, plus 50% of the increased cost of the reconstruction to a higher type or the improvement of any of the facilities. Except as provided in subs. (2m) and (6), the amount of aid payable for damage caused by a disaster described in sub. (1g) (b) 2. shall be 70 percent of the cost of repair or replacement to standards similar to those existing immediately before the damage or destruction. The department may revise estimates on the basis of additional facts. The county, town, village, or city shall pay the remainder of the cost not allowed as aid, but this shall not invalidate any other provision of the statutes whereby the cost may be shared by the county and the town, village, or city.

AB40,1586 Section 1586. 86.34 (2m) of the statutes is amended to read:

AB40,769,23 86.34 (2m) If Subject to sub. (6), if the department's estimate under sub. (2) of the cost of repair or improvement of the facilities determined by the department to be eligible for aid is $15,000 or less, the department shall offer the petitioner an amount of aid equal to 75% of the total amount of the department's estimate for damage caused by a disaster described in sub. (1g) (b) 1. or 70 percent of the total amount of the department's estimate for damage caused by a disaster described in sub. (1g) (b) 2. If the petitioner accepts aid under this subsection, the aid shall be paid to the petitioner or, subject to sub. (5), the county, and no other form of aid is available under this section for the repair or improvement of such facilities.

AB40,1587 Section 1587. 86.34 (6) of the statutes is created to read:

AB40,770,3 86.34 (6) The department may not pay aid under this section in excess of $1,000,000, in connection with disaster damage resulting from a single disaster, unless the payment of aid is approved by the governor.

AB40,1588 Section 1588. 93.02 of the statutes is amended to read:

AB40,770,10 93.02 Staff. The secretary shall appoint all staff necessary for the carrying out of the duties of the department, all of whom shall be under the classified service except the deputy secretary, the executive assistant deputy secretary, and, subject to s. 230.08 (4) (a), the administrators of divisions. Each such deputy secretary, executive assistant deputy secretary, or administrator shall be appointed by the secretary with the approval of the board.

AB40,1589 Section 1589. 93.135 (title) of the statutes is amended to read:

AB40,770,13 93.135 (title) License denial, nonrenewal, suspension or restriction based on failure to pay support or taxes.

AB40,1590 Section 1590. 93.135 (1) (rg) of the statutes is created to read:

AB40,770,15 93.135 (1) (rg) A certification or registration under s. 168.23 (3).

AB40,1591 Section 1591. 93.135 (4) of the statutes is created to read:

AB40,770,21 93.135 (4) The department shall deny an application for the issuance or renewal of certification or registration under s. 168.23 (3), or shall suspend or restrict such a certification or registration, if the department of revenue certifies under s. 73.0301 that the holder of the certification or registration is liable for delinquent taxes.

AB40,1592 Section 1592. 93.40 (1) (g) of the statutes is amended to read:

AB40,770,25 93.40 (1) (g) Promote the growth of the dairy industry through research, planning, and assistance, including grants and loans to dairy producers and grants to persons operating processing plants.

AB40,1593 Section 1593. 93.60 of the statutes is repealed.

AB40,1594 Section 1594. 98.246 (1) of the statutes is amended to read:

AB40,771,4 98.246 (1) In this section, "petroleum products" has the meaning given under s. 168.03 168.01 (3).

AB40,1595 Section 1595. 101.02 (18m) of the statutes is renumbered 93.06 (1pm) and amended to read:

AB40,771,14 93.06 (1pm) Testing of petroleum products. 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. 20.165 (2) (ga) 20.115 (1) (gc). 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.

AB40,1596 Section 1596. 101.02 (18r) of the statutes is created to read:

AB40,771,18 101.02 (18r) The department shall promulgate a rule specifying fees for plan reviews relating to the storage, handling, or use of flammable or combustible liquids or federally regulated hazardous substances, as defined in s. 168.21 (3).

AB40,1597 Section 1597. 101.02 (20) (a) of the statutes is amended to read:

AB40,772,2 101.02 (20) (a) For purposes of this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 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, 101.96 (2), 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) or under rules promulgated under ch. 101 or 145.

AB40,1598 Section 1598. 101.02 (21) (a) of the statutes is amended to read:

AB40,772,10 101.02 (21) (a) In this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 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, 101.96 (2), 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) or under rules promulgated under ch. 101 or 145.

AB40,1599 Section 1599. 101.02 (24) (a) 2. of the statutes is amended to read:

AB40,772,18 101.02 (24) (a) 2. "License" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.09 (3) (c), 101.122 (2) (c), 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, 101.654, 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) or under rules promulgated under ch. 101 or 145.

AB40,1600 Section 1600. 101.09 (title) of the statutes is repealed.

AB40,1601 Section 1601. 101.09 (1) (intro.) of the statutes is renumbered 168.21 (intro.) and amended to read:

AB40,772,22 168.21 Definitions. (intro.) In this section subchapter:

AB40,1602 Section 1602. 101.09 (1) (a) of the statutes is renumbered 168.21 (1).

AB40,1603 Section 1603. 101.09 (1) (am) of the statutes is renumbered 168.21 (3).

AB40,1604 Section 1604. 101.09 (1) (b) of the statutes is renumbered 168.21 (4).

AB40,1605 Section 1605. 101.09 (1) (c) of the statutes is renumbered 168.21 (5).

AB40,1606 Section 1606. 101.09 (1) (cm) of the statutes is renumbered 168.21 (6).

AB40,1607 Section 1607. 101.09 (1) (d) of the statutes is renumbered 168.21 (7).

AB40,1608 Section 1608. 101.09 (2) (title) of the statutes is renumbered 168.22 (title).

AB40,1609 Section 1609. 101.09 (2) (a) of the statutes is renumbered 168.22 (1) and amended to read:

AB40,773,10 168.22 (1) Except as provided under pars. (b) to (d) subs. (2) to (5), every person who constructs, owns or controls a tank for the storage, handling or use of liquid that is flammable or combustible or a federally regulated hazardous substance shall comply with the standards adopted under sub. (3) s. 168.23.

AB40,1610 Section 1610. 101.09 (2) (b) of the statutes is renumbered 168.22 (2) and amended to read:

AB40,773,14 168.22 (2) This section subchapter does not apply to storage tanks which require a hazardous waste license under s. 291.25.

AB40,1611 Section 1611. 101.09 (2) (c) of the statutes is renumbered 168.22 (3) and amended to read:

AB40,773,18 168.22 (3) This section subchapter does not apply to storage tanks which are installed above ground level and which are less than 5,000 gallons in capacity.

AB40,1612 Section 1612. 101.09 (2) (cm) (intro.) of the statutes is renumbered 168.22 (4) (intro.) and amended to read:

AB40,773,24 168.22 (4) (intro.) Any rules promulgated under sub. (3) s. 168.23 requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance do not apply to storage tanks that satisfy all of the following:

AB40,1613 Section 1613. 101.09 (2) (cm) 1. to 3. of the statutes are renumbered 168.22 (4) (a) to (c).

AB40,1614 Section 1614. 101.09 (2) (d) of the statutes is renumbered 168.22 (5) and amended to read:

AB40,774,6 168.22 (5) This section subchapter does not apply to a pressurized natural gas pipeline system regulated under 49 CFR 192 and 193.

AB40,1615 Section 1615. 101.09 (3) (title) of the statutes is renumbered 168.23 (title).

AB40,1616 Section 1616. 101.09 (3) (a) of the statutes is renumbered 168.23 (1).

AB40,1617 Section 1617. 101.09 (3) (b) of the statutes is renumbered 168.23 (2) and amended to read:

AB40,774,17 168.23 (2) The department may transfer any information which the department receives under par. (a) sub. (1) to any other agency or governmental unit. The department and any such agency shall treat the name of the owner and the location of any noncommercial storage tank which stores heating oil for consumptive use on the premises, required to be submitted to the department under par. (a) sub. (1), as confidential and shall not permit inspection or copying under s. 19.35 of any record containing the information.

AB40,1618 Section 1618. 101.09 (3) (c) of the statutes is renumbered 168.23 (3) and amended to read:

AB40,775,2 168.23 (3) The rule promulgated under par. (a) sub. (1) may require the certification or registration of persons who install, remove, clean, line, perform tightness testing on and inspect tanks and persons who perform site assessments. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration. The department may not require an individual who is eligible for the veterans fee waiver program under s. 45.44 to pay any fee that may be charged pursuant to such a rule.

AB40,1619 Section 1619. 101.09 (3) (d) of the statutes is renumbered 168.23 (4) and amended to read:

AB40,775,8 168.23 (4) The department shall promulgate a rule specifying fees for plan review and inspection of tanks for the storage, handling, or use of flammable or combustible liquids and for any certification or registration required under par. (c) sub. (3).

AB40,1620 Section 1620. 101.09 (3m) (title) of the statutes is renumbered 168.24 (title).

AB40,1621 Section 1621. 101.09 (3m) (a) of the statutes is renumbered 168.24 (1) and amended to read:

AB40,775,14 168.24 (1) In this subsection section, "hazardous substance" means a combustible liquid, a flammable liquid, or a federally regulated hazardous substance.

AB40,1622 Section 1622. 101.09 (3m) (b) of the statutes is renumbered 168.24 (2) and amended to read:

AB40,775,21 168.24 (2) 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 section does not apply after December 31, 2020.

AB40,1623 Section 1623. 101.09 (4) (title) of the statutes is renumbered 168.25 (title).

AB40,1624 Section 1624. 101.09 (4) (a) of the statutes is renumbered 168.25 (1) and amended to read:

AB40,775,25 168.25 (1) The department shall enforce this section subchapter.

AB40,1625 Section 1625. 101.09 (4) (b) of the statutes is renumbered 168.25 (2) and amended to read:

AB40,776,6 168.25 (2) The department shall issue orders directing and requiring compliance with the rules and standards of the department adopted under this section subchapter whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated.

AB40,1626 Section 1626. 101.09 (4) (c) of the statutes is renumbered 168.25 (3).

AB40,1627 Section 1627. 101.09 (5) of the statutes is renumbered 168.26 and amended to read:

AB40,776,14 168.26 Penalties. Any person who violates this section subchapter or any rule or order adopted under this section subchapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each violation of this section subchapter or any rule or order under this section subchapter constitutes a separate offense and each day of continued violation is a separate offense.

AB40,1628 Section 1628. 101.1206 (1) of the statutes is amended to read:

AB40,776,19 101.1206 (1) The department shall establish statewide standards for erosion control at building sites that have a land disturbance that is less than one acre in area and that are for the construction of public buildings, as defined in s. 101.01 (12), and buildings that are places of employment, as defined in s. 101.01 (11).

AB40,1629 Section 1629. 101.14 (5) (a) of the statutes is amended to read:

AB40,777,3 101.14 (5) (a) Subject to par. (b), in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 101.09 (1) (am) 168.21 (3), the department shall collect a groundwater fee of $100 for each plan review submittal. The moneys collected under this subsection shall be credited to the environmental fund for environmental management.

AB40,1630 Section 1630. 101.14 (5) (b) of the statutes is amended to read:

AB40,777,8 101.14 (5) (b) Notwithstanding par. (a), an installation for the storage, handling or use of a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 101.09 (1) (am) 168.21 (3), that has a capacity of less than 1,000 gallons is not subject to the groundwater fee under par. (a).

AB40,1631 Section 1631. 101.142 (title) and (1) (intro.) of the statutes are renumbered 168.28 (title) and (1) (intro.).

AB40,1632 Section 1632. 101.142 (1) (a) of the statutes is renumbered 168.28 (1) (a) and amended to read:

AB40,777,16 168.28 (1) (a) "Petroleum Notwithstanding s. 168.01 (3), "petroleum product" means materials derived from petroleum, natural gas, or asphalt deposits and includes gasoline, diesel and heating fuels, liquefied petroleum gases, lubricants, waxes, greases, and petrochemicals.